Illinois Senate Floor Debate — April 8, 2008

(Pledge of Allegiance, led by Senator Maloney)

Mr. President, I move that the Journal just read by the Secretary be approved, unless some Senators has additions or corrections to offer.

Thank you, Mr. President. Floor Amendment No. 2 retains Senate Bill 1878 as amended by No. 1. These -- amendment removes the provision that an employee or applicant may directly commence action in the -- in circuit court to enforce certain provisions of this Act without first filing a complaint with the Department of Labor. Further, the amendment provides that a willful and knowing violation of failing to safeguard the information contained in the E-Verify System and the access to the System will result in a fee of five hundred dollars per affected employee plus costs, reasonable attorney’s fee, and actual damages.

Thank you, Mr. President. The underlying bill is retained and it just adds the language, “Acupuncture therapy as medically necessary and as provided by appropriate {sic} (appropriately) licensed professionals.” And that is added to the bill.

Yes. Thank you, Mr. President. Simply, the amendments are technical and we’ve just moved some dates two years forward.

…you, Mr. President. Point of personal privilege. Oh!

Point of personal privilege, Mr. President.

Thank you. It gives me great pleasure to introduce Jeff Leets this morning. He’s from Neuqua Valley High School in Naperville. He’s sixteen years old. He’s involved in Youth & Government. He wants to be a -- a lawyer. He’s graced us with his presence today. He’s a terrific young man. Could you please give him a great Springfield welcome? Jeff Leets.

Mr. President, a point of announcement -- or introduction, I mean.

Thank you. We have members of the Pekin Chamber of Commerce that are here in the gallery. And I’d like to have the Senate welcome them to Springfield. So, members of the Pekin Chamber of Commerce.

Thank you, Mr. President. What the amendment does, it -- it changes the bill where we make the statute of -- we -- we -- we bring back the statute of limitations for suing the CTA for one year and we keep the one-year notice provision.

Thank you, Mr. President, Members of the Senate. Floor Amendment No. 2 is a technical amendment, offered by Enrolling and Engrossing, to correct numbering and punctuation errors. I move for its adoption.

Thank you, Mr. President, Members of the Senate. This bill contains the creation of the Illinois Juvenile Jurisdiction Task 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Force and all this amendment does is to allow for its membership to appoint a designee if they can’t make the meetings. It’s technical in nature. Ask for its adoption.

Floor Amendment 2 deletes all and becomes the bill. I’d like to explain it on 3rd.

Thank you, Mr. President. Floor Amendment No. 1 adds language clarifying that commercial providers of telecommunications and Internet services are not liable for the transmission of a communication which violates the underlying provisions of Senate Bill 2349.

Thank you, Mr. President. The amendment to Senate Bill 2434 is simply a technical amendment and it clarifies that the mobile park homeowner’s {sic} responsibility to post the agreement with the local fire department in public view at the park.

Thank you, Mr. President. Basically what this amendment does is set the fees for this license. And they are in line with all other fees.

Floor Amendment 1 just cleans up a erroneous reference to wrong Sections in the bill.

Yes. Thank you, Mr. President. The amendment simply changes some language from public awareness to education. It’s a very technical amendment.

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) Speak your point.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Let the Senate recognize those young ladies. Thank you. Thank you for coming to the Senate. We’re going to go -- proceed to 3rd Reading, so all of those who -- who are in your offices, please come to the Floor for 3rd Reading. Senator Silverstein, for what purpose do you rise?

A point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR CLAYBORNE) You may proceed.

Mr. -- Mr. President, I just want to announce to the Body that that young lady to your immediate left right now just had 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 the good fortune of joining the Illinois Bar over the weekend. And I want -- I want to wish Sam, mazel tov. And she’s going to be a great lawyer and a great parliamentarian.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Congratulations, Sam. Congratulations. Leave of the Body to go from 2708 to 2725. The Order of 3rd Reading, Senate -- Senate Bill -- I mean, 2725. Senator Haine. Do you wish to proceed? Madam Secretary, read the bill. Senator Haine seeks leave of the Body to return Senate… Senator Haine.

…you, Mr. President. I apologize that we’re waiting for another amendment which will further change the bill. So I do not want to proceed. I -- I -- I appreciate your -- your indulgence.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Out of the record. With leave of the Body, we will skip down to 2734. On the Order of 3rd Reading, -- Senate Bill 2734. Senator Lightford, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2734 amends the Freedom of Information Act and the Illinois Health and Hazardous Substances Registry Act 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 regarding confidentiality. Basically, it’s a agreed-upon bill that protects individuals of -- all of their confidential information. It specifies that identity for Registry is exempt from disclosure under the Freedom of Information Act. And it includes their name, their social security number, street address, e-mail address, telephone number, fax number, medical record number, certificate/license number, reporting source, age, and their diagnosis date. I’d be happy to answer questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any -- any discussion? Seeing none, Senator Lightford, to close.

I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Question is, shall Senate Bill 2734 pass. All those in favor, vote Aye -- 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 the -- on the question, there are 57 Yeas, 51 -- I’m sorry, 51 Yeas, 8 voting No -- oh, 0 voting No, I’m sorry, and 0 voting Present. I’m sorry. Senate Bill 2734, having received the required constitutional majority, is declared passed. On -- on 3rd Reading, 2749 -- Senate Bill 2749. Senator Peterson, do you wish to proceed? Take it out of the record. On 3rd -- on 3rd Order of Reading, Senate Bill 2754. Senator Harmon, do you wish to proceed? Take it out of the record. On 3rd Reading, Senate Bill -- oh, I’m sorry. 2755. Senator Harmon, do you wish to proceed? Out of the record. 2757. Senate Bill 2757. Senator Cullerton, do you 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 wish to proceed? Out of the record. Senate Bill 2775. Senator Watson, do you wish to proceed? Out of the record. Senate Bill 2783. Senator Harmon, do you wish to proceed? Out of the record. Senate Bill 2784. Senator Harmon, do you wish to proceed? Out of the record. Senate Bill 2785. Senator Harmon, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2785 closes what I would call an inadvertent loophole. Today, when a crime victim asks to be notified of a prisoner’s release, the victim can do so, but we - - we are expanding that to include… Mr. President, I’d like to take this bill out of the record for now. Thank you.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you. Out of the record. Senate Bill 2786. Senator Harmon, do you wish to proceed? Take it out of the record. Senate Bill 2788. Senator Harmon, do you wish to proceed? Take it out of the record. Senate Bill 2799. Senator Harmon, do you wish to proceed? Take it out of the record. Senate Bill 2821. Senator Raoul, do you wish to proceed? 2821. Senate Bill 2821. Senator Raoul.

Is there -- is there amendment? 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon -- I mean, Senator Raoul seeks the leave of this Body to return Senate Bill 2821 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2821. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain your amendment.

Floor Amendment No. 1 is a technical amendment that just -- changes the word “Mission” to “Missing”.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any questions? Any discussion? Senator Raoul moves the adoption of amendment -- Floor Amendment No. 1 to Senate Bill 2821. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2825. Senator Collins, do you wish to proceed? Out of the record. On the Order of 3rd Reading, Senate Bill 2827. Senator Martinez, do you wish to proceed? Out of the record. On the Order of 3rd Reading, Senate Bill 2828. Senator Martinez, do 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 you wish to proceed? Out of the record. On the Order of 3rd Reading, Senate Bill 2830. Senator Maloney. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Maloney.

Thank you, Mr. President. Senate Bill 2830 is an initiative of the Attorney General’s Office. It provides the Resident’s Right to Know Act. And this Act will ensure that families needing long-term care for their loved ones have access to critical information by requiring the facility to fill out a Consumer Choice Information Report annually. Now -- currently there is nowhere you can go for this information. This information report covers over one -- one hundred factual items, including questions covering areas such as medical care, treatment, and services; the staffing; the facility statistics; ownership and administration; and safety and security, among many other items. The consumers can access this information through the Department on -- of Aging website. I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Maloney, to close.

Thank you, Mr. President. I think Illinois is going to be 37  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 a leader in this area. I believe we are the first State to require this and hopefully it will become law. Thank you.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2830 pass. All those in favor, say 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 the question, there are 53 Yeas, no Nays and 6 voting -- none voting Present. Senate Bill 2830, having received the required constitutional majority, is declared passed. Senate Bill 2838. Senator Steans. Okay. The Order of -- Order of 3rd Reading. Do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is simply a technical cleanup from last Session. It’s just changing one word from firearm “authorization” card to firearm “control” card. That was changed throughout the Act last year. It was missed in one place. This just cleans that up.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett, for what purpose -- do you have any questions?

38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Yeah. I -- I have a question. Is this the appropriate time, since this is her first bill?

PRESIDING OFFICER: (SENATOR CLAYBORNE) You may proceed, Senator -- Senator Garrett.

Well, Senator Steans, now how many months have you been here? A month and a half, and you’re coming in here with gun safety bills as if you don’t realize how difficult these bills are to pass. Do you know anything about how difficult it is to pass these bills, FYI? Pardon me? I -- I -- I can’t hear you, Senator Steans.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator -- Senator Steans.

Yeah. Well, why don’t you share it with me, how tough it is.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett.

Well, I -- I know that you’re totally capable of -- of trying to pass a fingerprint bill. But I don’t know, have you talked to the downstaters about this bill? Have you talked…

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator…

…to the downstaters, ‘cause this is something they may not agree with you on?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans. 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

This simply changes one word. It’s not actually doing anything on the firearms. You know, I ran on my platform -- one of the things I ran on in my campaign was making sure that our bills were internally consistent and grammatically correct. So I’m very pleased that I can fulfill that campaign pledge this early in my career.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett.

Well, Ladies and Gentlemen, I -- I know that we are totally supporter -- supportive of Senator Steans’ bill, but I would take a good look at this even though she claims it’s a technical amendment. Since she’s new to the process, I think we better not indulge her so easily and -- and read our analysis.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you, Senator Garrett. Senator Lightford.

Thank you, Mr. President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The sponsor says she will yield.

Thank you. Senator Steans, what are you cleaning up?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Well, in a -- in a bill that was sponsored last year, there was a change, and throughout the entire Act, to make from “fire {sic} authorization card” to “firearm control card”. One place 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 was missed. It changes the one word that was missed.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford.

So, are you indicating that Senator Halvorson had no idea what she was doing last year when she sponsored this bill?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

I make -- I make no such reference. We’re just making sure that it is all correct now.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford.

Well, just to close, she did -- Senator Steans did mention that she had a campaign pledge to clean up legislation that Members here, who’ve been here for quite some time, who may know a little bit more than her, didn’t quite get it right. And Senator Halvorson being one of ‘em, as Mr. President’s right hand, I’m sure she didn’t quite recognize this bill. But, I just want to wish you luck and I would encourage everyone to vote No.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you, Senator Lightford. Senator Haine, do you have any questions of the sponsor?

Yes, Mr. President. Would she yield…

PRESIDING OFFICER: (SENATOR CLAYBORNE) Yes, she will -- she will yield. 41  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

…the distinguished Senator from Chicago? Senator, you -- you would agree -- you’re very well educated, extremely intelligent, and you would agree that words are very powerful things, they mean much in a bill. Would you agree to -- with -- with that?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Absolutely.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

So, speaking from someone who represents a -- a district which includes Olin Corporation and Western Cartridge, I want to ask you the significance, in your mind, of changing the law from a firearm authorization to a firearm control card.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Well, as -- as I said, I think the power of the word change is to make sure it’s consistent throughout the law. It can be confusing to constituents and residents of the State when it’s referred to in different ways in different places. So, as I say, I’m fulfilling a campaign pledge to try to make it easy for our residents of this great State to understand our laws.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Does Senator yield for another question, Mr. President?

PRESIDING OFFICER: (SENATOR CLAYBORNE) The Senator will yield, Senator Haine.

Senator, can you -- can you bring this bill, this bill which changes authorization to control, can you bring that into context with the case before the United States Supreme Court, as we speak, concerning the Second Amendment to the Constitution? Can you do that?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

This change of the use of this card is not impacting the case that’s before the Supreme Court on the overall constitutional ability for Washington, D.C., to, in fact, have a gun ban rule. This does not pertain to that in any way, shape or form.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

I -- I will comment, Mr. President, that this distinguished Senator is very, very shrewd in her ability to get out of this question. Thank you.

PRESIDING OFFICER: (SENATOR CLAYBORNE) You’re welcome. Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she’ll -- she will yield. 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Yes. And another one I’ve heard is Sterns, adding an “R” into the name. I will respond to any of them. I have an identical twin and I’m used to responding to all sorts of names. But for the record, it is actually Steans, like when you spill. Sadly, I’m adding to the stained record here in Springfield.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Yes. I -- I -- I do believe that the use of the word control here is just simply for clarification, not for any other purposes. And I -- I would look for your support in understanding that. Thank you, Senator.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you, Senator Righter. Senator Steans.

Thank you. The use of the word “control” sheerly is to make it consistent with the use of the word control throughout it. There’s no real intent, what it changes, in anything in the use of the way the card will be used in this State.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you. Senator Holmes. 45  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

Yes. Will the Senator yield for a question?

PRESIDING OFFICER: (SENATOR CLAYBORNE) The -- the sponsor indicates she will yield.

I just have a quick question for my esteemed colleague here. Since grammar was your top priority - and I certainly find that a laudable goal - I just wondered, when are you going to be done reviewing the other thousands of bills we’ll be looking at this Session, so we make sure they’re all grammatically correct also?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Yes. That is what I do in the evenings here, is I am reviewing them all, and you’ll see -- lots of legislation coming forth. Many problems.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes.

…very much. That -- that’s all the questions I have. I think that’s an extremely important goal. And while the rest of us are out at the receptions and dinners, we’ll be thinking about you pouring over all of the bills we’re looking at this Session. Thank you so much, Senator.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs, have questions? Sponsor indicates she will yield.

46  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 She will yield? Well, I -- I first want to start off by making a comment that I think perhaps some of our colleagues have been a little too harsh on the -- on our new colleague Senator Steans. Can’t hear? That better? I think -- I think we might need a longer microphone. I want to -- I want to compliment her for standing up for our great Senate Majority Leader and pointing out that, in fact, the problems of this legislation did not start here in the Senate. I would ask my colleague, the good Senator Steans, would you agree this -- the problem did start in the House?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Yes, I believe it started in the House.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.

Thank -- thank you very much for that blunt assessment. Could I ask who the House sponsor of this bill was?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Representative Saviano.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.

Thank you very much for that blunt assessment, Senator.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Jacobs, you have any questions? 47  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

Question of the sponsor.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield.

Senator, you mentioned that you have a twin.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Yes, that is right. Her name is Jennifer.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Jacobs.

I also noticed that this is a bill regarding fingerprinting. Now, how do we in the Senate know that you are the right Senator and not the evil Senator trying to destroy the gun business that -- that resides in my district?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Yes. We actually, at this point in time, do not look that much a like. So you would notice, I believe, a difference. The -- these astute Senators here would be able to tell.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.

I just want to point out that there’s a demographic difference in -- in Illinois. Guns are kind of an important industry in my neck of the woods. I’d appreciate your running 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 your bills through Senator Kotowski so he -- so you know what to do. But also, too, I would just say that I want to welcome you to the Senate. I think you’ll be a good addition, but this is a terrible bill and I’m voting against it.

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

Thank you very much, Members of the Senate. I believe this bill should go out with a bang and I’m looking for your support. I’d like your Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The -- the question is, shall Senate Bill 2838 pass. All those in favor will vote Aye. No -- oppose -- opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 Yeas, none voting Nay and 0 voting Present. The bill, have -- Senate Bill 2838, having received the required constitutional majority, is declared passed. Senate Bill 2848. Senator Bomke, do you wish to proceed? 2845. I’m sorry. Do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke, to explain the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Can we have some of the conversations held down in the back so that we can hear -- hear the sponsor? Thank you. Is there any discussion? Seeing none, Senator Bomke, to close.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2845 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take -- take the record. On the question, there are 54 voting Yea, none Nay and none Present. Senate Bill 2845, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, Senate Bill 2851. Senator Harmon. Out of the record. Senator Holmes, for what purpose do you seek recognition?

I believe, on that last vote, I needed to be recorded as a Yes. And I believe I wasn’t recorded.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The record will so -- so reflect. Order -- on Order of 3rd 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Reading, Senate Bill 2854. Senator Holmes, do you wish to proceed? Take Senate Bill 2854 out of the record. 2854 out of the record. On Order of 3rd Reading, Senate Bill 2857. Senator Delgado, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado, please explain the bill.

Thank you, Mr. President, Members of the Senate. Senate Bill 2857 -- under this bill, the Department of Human Services is empowered to include in its public health promotion programs and material information geared towards groups, such as Hispanics, people of African-American descent, and the elderly, who are deemed to be high risk for asthma and pulmonary disorders, as well as diabetes. The bill further declares that by 2/15/09 and each year thereafter, the Department must forward a -- a report to the General Assembly pertaining to its activities and accomplishments under this Act. And I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Delgado, to close.

I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 The question is, shall Senate Bill 2857 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 55 Yeas, no Nays, none voting Present. Senate Bill 2857, having received the required constitutional majority, is declared passed. On Order of 3rd Reading, Senate Bill 2859. Senator Kotowski, do you wish to proceed?

Yes, sir, I do. Thank you.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski seeks leave of the Body to return Senate Bill 2859 to the Order of 2nd Reading for the purposes of an -- an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading, Senate Bill 2859. Madam Secretary, there -- are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski, please explain your amendment.

Thank you, Mr. President. Floor Amendment No. 1 to Senate Bill 2859 retains the underlying bill and makes one technical change correcting a reference to a subsection.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator -- Senator Kotowski moves the adoption of -- of Floor Amendment No. 1 to Senate Bill 2859. All those in favor, say Aye. Opposed, Nay. The Ayes have it, 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. With leave of the Body, we would like to -- to turn -- return to page 13 for Senator DeLeo, who was in the Chair at the time, for Senate Bill 2250. Senator DeLeo, do you wish to proceed? Senator DeLeo seeks leave of the Body to return Senate Bill 2250 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading, Senate Bill 2250. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator DeLeo, please explain your amendment. SENATOR DeLEO: Thank you very much, Mr. President. I’d like to adopt the amendment and I’ll explain the amendment on 3rd Reading, sir.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator DeLeo moves the adoption of Floor Amendment No. 1 to Senate Bill 2250. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 3rd Reading. With leave of the Body, we will go to page 15. Again, Senator DeLeo to take up Senate Bill 2564. Senator DeLeo, do you wish to proceed? Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator DeLeo, please explain your bill. SENATOR DeLEO: Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. And again, I apologize and I thank you for taking leave to go to this order of business, sir. Senate Bill 2564 is really, really simple. It’s -- this bill requires I- PASS access for all highways and bridges, facilities throughout the State, if electronic toll is collected. What that very simply means, if you’re going to put a bridge in and you’re going to collect tolls, it must be compatible with I-PASS. We just worked out agreements with Indiana and some other states. We want to have one transponder that works on all of them. So if you’re going to put in a toll bridge, make sure it’s compatible with the system that we have in place for the entire State of Illinois. I ask for a favorable roll call, Mr. President.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator DeLeo, to close. SENATOR DeLEO: Thank you very much, Mr. President. I ask that this 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 wonderful piece of legislation be moved over to the House.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2564 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 Yeas, no Nays, none voting Present. Senate Bill 2564, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going back -- going to top of the page -- top of page 20 -- on 20 -- I’m sorry, on top of the page 21. I’m sorry. Senator Hunter, on Senate Bill 2860. Out of the record. On Senate Bill 2861, Senator Demuzio. You wish to proceed? Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Demuzio, please explain the bill.

Yes. Thank you, Mr. President and Members of the Senate. As amended, Senate Bill 2861 amends the Renewable Fuels Development Programs {sic} (Program) Act to add three new grant programs to the current program under the direction of Commerce of -- under the direction of the Department of Commerce and Economic Opportunity. The three programs to be added are the Renewable Fuels Majority Blended Ethanol Infrastructure Program, the Renewable Fuels Competitive Commercialization Program and the Grant Oversight Committee, and the Renewable Fuels Rail 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Infrastructure Assistance. The bill also amends the State Finance Act to create the Renewable Fuels Development Program Fund. Money in this Fund may be used for the program established within the Renewable Fuels Development Program Act. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Demuzio, to close.

Yes. Thank you, Mr. President. Again, I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2861 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? Madam Secretary, please take the record. On the question, there are 56 voting Yea, none Nay and none Present. Senate Bill 2861, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, Senate Bill 2872. Senator Cullerton, do you -- do you wish to proceed? Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cullerton, please explain the bill.

Thank you, Mr. President, Members… 56  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

PRESIDING OFFICER: (SENATOR CLAYBORNE) Excuse me, Senator Cullerton. Can you hold it down in the back? Can we hold the noise to a level where -- where we can hear the sponsor? Thank you. You may proceed, Senator Cullerton.

Thank you, Mr. President, Members of the Senate. This is an initiative of the Attorney General. It amends the Illinois Antitrust Act and it allows for the Attorney General to bring an action in the name of the State of Illinois as parens patriae, which is a Latin term meaning protector of all those unable to protect themselves. It allows the Attorney General to recover damages under the Act or any comparable federal law on behalf of the Illinois residents. It requires that the people who furnish these -- certain materials must first provide his or her consent for the inspection. And it actually is not very controversial. I think we had some initial questions about its impact in committee and we answered those. I don’t know of any opposition and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard, for what purpose you seek recognition?

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cullerton.

It’s not meant to do that all, Senator. It’s -- the Supreme Court has held that the Constitution grants common law powers to the Attorney General and this is consistent with that -- that power, so it’s not an expansion. It just codifies her ability to exercise this authority and to seek relief on behalf of Illinois citizens.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Seeing no further discussion, Senator Cullerton, to close.

Yes, thank you. I just would ask for an Aye vote, please.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2872 pass. All those in favor, say 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. There are 53 Yeas, 2 Nays, none voting Present. Senate Bill 2872, having received the required constitutional majority, is declared passed. LA7 Television 58  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 requests permission for leave to film the proceeding. Seeing no objection, leave is granted. On the Order of 3rd Reading, Senate Bill 2875. Senator Noland, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland, please explain your bill.

Thank you, Mr. President. Thank you, Ladies and Gentlemen of the Senate. This bill is just a cleanup bill from the Department of Revenue. It authorizes spouses who file federal joint returns to also file separate State returns. Additionally, it allows for the synchronization of the use tax and the cigarette use tax payments, allowing electronic filing, which saves it more money by cutting down paper costs and labor. This is an initiative of the Department of Revenue. There’s a slip on this that says that the Department of Revenue is not aware of any impact it’ll have on the State. Passed unanimously out of committee. Ask for an Aye vote.

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield. 59  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland.

As I’m aware, there’s no tax increase, just a speeding up of the payments through electronic filing.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland.

My understanding is that it is mandatory, although I cannot give you a definitive response to that and happy to follow up with you.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen. Seeing -- seeing no further discussion, Senator Noland, to close.

Thank you, Mr. President. Again, I’m not aware of any other opposition or any opposition for that matter. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 60  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 The question is, shall Senate Bill 2875 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? Madam Secretary, please take the record. There are 50 voting Yea, 4 Nay, none voting Present. Senate Bill 2875, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, Senator Hunter, on Senate Bill 2877. Do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter, please explain your bill.

Thank you, Mr. President and Ladies and Gentlemen of the -- of the Senate. 2877 amends the Department of Human Services Act. It requires the Department to include mental health awareness, education, and outreach materials within its public promotion program directed towards minority communities. And I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing no discussion, Senator Hunter, to -- to close.

I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2877 pass. All those in 61  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. There are 55 voting Yea, none Nay, none voting Present. Senate Bill 2877, having received the constitutional majority, is declared passed. On the Order of 3rd Reading, Senator Schoenberg, 2883. Do you wish to proceed? Out of the record. On the Order of 3rd -- on Order of 3rd Reading, Senate Bill 2887. Out of the record. Leave of the Body to return to Senate Bill 2892. Senator Forby, on 2806. Out of the record. 29 -- I’m sorry, 2906 out of the record. Senator Demuzio, 2907, Senate Bill. Out of the record. On Order of 3rd Reading, Senate Bill 2912. Senator Noland, do you wish to proceed? Out of the record. We will now go to top -- top of page 10. Senator Schoenberg. Senate Bill 786. Do you wish to proceed? Senator Schoenberg, on Senate Bill 786, seeks to -- seeks leave of the Body to return Senate Bill 786 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading, Senate Bill -- on the Order of 2nd Reading is Senate Bill 786. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schoenberg, please explain your amendment.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 becomes the bill. It creates a 62  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Second Technology Development Account fund for investment in Illinois-based technology start-ups. This is the second fund. Senator Dillard and I successfully brought the first one to fruition. That fund is now full. This is the second within the State’s investment portfolio. It’s a -- an initiative of the Treasurer, Alexi Giannoulias. I’d be happy to debate it on 3rd Reading.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Schoenberg moves the adoption of Amendment -- Floor Amendment No. 1 to Senate Bill 786. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Collins, on Senate Bill 862. Out of the record. Senator Haine, on Senate Bill 871. Do you wish to proceed? Out of the record. Senator -- on Senate Bill 3rd Reading, on Senate Bill 878, Senator Wilhelmi, do you wish to proceed? Out of the record. On Order of 3rd Reading, Senate Bill 898. Senator Hunter, do you wish to proceed? Senator Hunter -- on Senate Bill -- Senator Hunter seeks leave of the Body to return to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading, Senate Bill 898. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter, please explain your amendment.

Okay. I’d like to adopt the amendment to increase the threshold for which -- eligibility continues for families to qualify for child care services. We’re increasing the threshold from one hundred and eighty-five percent of the federal poverty level to two hundred percent and we’re outlining the co-pays that -- that an eligible family will pay for child care services.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Hunter moves the adoption of Floor Amendment No. 1 to Senate Bill 898. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Madam Secretary?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1106. Out of the record. Senator Kwame Raoul, on Senate Bill -- 1857. Out of the record. Senator Lightford, on Senate Bill 1864. Do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford, to explain the bill. 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The Council on Responsible Fatherhood is an Act that we created a couple years ago and they have had fruitful findings and I’d like for this commission to continue in their efforts to bring the father back with the children even if they’re not in the household. I’d be happy to answer questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Lightford, to close.

I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 1864 pass. 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? Madam Secretary, please take the record. There are 56 voting Yea, none Nay and none Present. Senate Bill 1864, having received the constitutional majority, is declared passed. Senator Halvorson, on Senate Bill 1867, do you wish to proceed? Out of the record. Senate Bill 1872. Senator Harmon, do you wish to proceed? Out of the record. On Order of 3rd Reading, Senator DeLeo, Senate Bill 1900. Out of the record. On Order of 3rd Reading, Senate Bill 1920. Senator Garrett -- Garrett, do you wish to proceed? Senator Garrett, on Senate Bill -- Senator Garrett seeks leave of the Body to return Senate Bill 1920 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1920. Madam Secretary, are 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett, to explain Floor Amendment No. 1.

Yes. Thank you, Mr. President. What we have done is add the disabled to the mass transit bill that will -- this bill will allow them -- this amendment will allow the disabled community that qualify for Circuit Breaker to receive free rides on mass transit.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Garrett moves the adoption of Floor Amendment No. 1 to Senate Bill 1920. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. On the top of page 11, Senate -- Senate Bill 1930. Senator Schoenberg, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schoenberg, please explain your bill. 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1930 corrects an unintended consequence of the very successful new graduated driver’s license laws for teenage motorists. And you may recall that in January, the new driver’s -- GDL laws prohibited drivers under the age of eighteen to be on the road after eleven o’clock on Fridays and Saturdays unless they were participating in a school-sponsored or work-related activity. This essentially precluded a very successful national program known as Safe Rides from providing alternative transportation home for young people who found themselves in need of a ride after curfew on weekend nights. Safe Rides is a peer-operated program that dispatches volunteers under adult supervision and it provides alternative transportation home for teenagers who may find themselves in circumstances such as being impaired or having -- being on a date that has gone bad. It’s worth noting that while area schools and law enforcement officials have long been supportive of this program, which is under the sponsorship of Boy Scouts of America, because of the new GDL laws, unfortunately this highly successful program was -- forced to suspend. This would enable that program to be reinstated. And I’d be happy to answer any questions you might have.

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) Seeing no further discussion, Senator Schoenberg, to close.

Thank you, Mr. President. With passage of this bill today, we’ll move one step closer to, once again, providing safer streets for our teenagers, their neighbors and their families. It’s a proven winner for providing a safe way home for young people who otherwise should not be behind the wheel of a car or riding as a passenger in a vehicle operated by a peer. And I urge an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 1930 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 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 wish? Madam Secretary, take the record. On the question, there are 47 voting Yea -- I mean, Yea, none Nay, none Present -- 7 voting Nay, I’m sorry, and none voting Present. The bill -- Senate Bill 1930, having received the required constitutional majority, is declared passed. On the Order of 3rd Readings, Senate Bill 1938. Senator Hunter. Out of the record. On the Order of 3rd Reading, Senate Bill 1945. Senator Sullivan. Senator Sullivan seeks leave of the Body to return Senate Bill 1945 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of -- on the Order of -- of 2nd Reading is Senate Bill 1945. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, please explain Floor Amendment No. 1.

Thank you, Mr. Chairman. The amendment basically becomes the bill. I’ll just describe it on 3rd.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Sullivan moves the adoption of Floor Amendment No. 1 to Senate Bill 1945. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Order of -- of 3rd Reading, Senate Bill 1946. Senator Hultgren, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hultgren, please explain your bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Hultgren, to close.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 1946 pass. All those in 70  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 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? Madam Secretary, please take the record. There are 55 voting Yea -- 56 voting Yea, none Nay, none Present. Senate Bill 1946, having received the required constitutional majority, is declared passed. On Order of 3rd Reading, Senate Bill 1955. Senator Lightford. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford, to explain the bill.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1955 amends the State Finance Act and the School Code. It would alter the schedule of State payments to school districts. The situation that current school districts are in is that they cannot count on the twenty-third and twenty- fourth payment within this fiscal year, so it makes it very difficult for them to plan head and to set their budgets and finalize them. And so I’m hoping that you all will see the urgency in passing this legislation so that we can give our school districts an opportunity to receive the funding that is so well needed and to plan ahead for the upcoming school year. I’d be happy to answer questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Cronin, for what purpose do you seek recognition? 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is -- Senator Lightford, to close.

Thank you very much. Our schools deserve this. I -- I request an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The -- the question is, shall Senate Bill 1955 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? Madam Secretary, please take the record. There are 56 voting Yea, none Nay and none Present. Senate Bill 1955, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to Senate Bill 1958. On Order of 3rd Reading, Senate -- oh, I’m sorry. With leave of the Body, we’ll return to Senate Bill 1960. On the Order of 3rd Reading, Senate Bill 1975. Senator Wilhelmi. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi, to explain the bill.

72  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Thank you, Mr. President. I believe the amendment was adopted in committee, sir. So, on 3rd Reading, Senate Bill 1975 clarifies that the offenses of unauthorized bringing of contraband into a penal institution by an employee and unauthorized possession of contraband in a penal institution by an employee apply to all types of contraband as defined in the Criminal Code. It also clarifies that for violations involving cell phones, the employee would have to have the intent to provide the phone to an inmate or to use it for an inmate’s benefit to be criminally prosecuted. The bill also provides that for -- for violations involving legally owned items, employees may store them in a locked vehicle in the institution’s parking lot without fear of prosecution so long, of course, as those items are not illegal. I’d be happy to answer any questions and I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing no -- sorry about that. Senator Rutherford, for what purpose do you seek recognition?

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi.

Thank you, Mr. President. The genesis of this came from a 73  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 judge in Will County, named Judge Richard Schoenstedt, who had an experience that he thought -- he wanted to clarify Illinois law so that any employees of a State penal institution understood the ramifications of bringing contraband into that penal institution. It’s also supported by the Will County State’s Attorney’s Office.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Rutherford. Seeing no further discussion, Senator Wilhelmi, to close.

I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Question is, shall Senate Bill 1975 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? Madam Secretary, take the record. There are 56 voting Yea, none Nay, none voting Present. Senate Bill 1975, having received the required constitutional majority, is declared passed. Order of 3rd Reading, Senate Bill 1982. Senator Frerichs. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs, please explain the bill.

Thank you, Mr. President. Senate Bill 1982 amends the Illinois Cooperative Work Study Program Act to require that 74  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 grants to institutions must support work experiences for students in academic program priority areas. Academic program priority areas shall be determined by the Illinois Board of Higher Education and shall include, but not be limited to, science, technology, engineering, mathematics, health, nursing, and education. At a time when we have severe skill shortages in certain parts of our State in certain industries, I think this is something we should do. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Frerichs, to close.

I -- I think that’s everything. Thank you.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 1982 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? Madam Secretary, please take the record. There are 55 voting Yea, none Nay, none Present. Senate Bill 1982, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, Senate Bill 1985. Senator Raoul. Out of the record. On the Order of 3rd Reading, Senate Bill 1987. Senator Trotter. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 75  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Senator Trotter, please explain the bill.

Thank you very much, Mr. President, Members of the Senate. This bill amends the Public Utilities Act to permit the Public Utility Fund to carry a balance of fifty percent of the previous year’s appropriation level. Funds in excess of that level are to be funded to the utilities that paid the taxes. It also amends the Illinois Vehicle Code to allow the Transportation Regulatory Fund to carry a balance of fifty percent of the previous year’s appropriation. This, in essence, allows them to have six months’ worth of operating expenses versus the two months which was passed last time, in 1984.

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) The sponsor indicates he will yield, Senator Watson.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Trotter.

No, they are dedicated in the sense as has been the -- the language that’s always been in the bill, that if there’s any excess dollars, they automatically will be sent back to the 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 utilities that paid those funds.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Watson.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Trotter.

That’s in keeping with the language that has always been there. That language has not been changed by this bill. This just allows them to keep fifty percent dollars more. Previously, this had enough resources and revenues for two months of operational dollars. This allows them to have at least up to six months of operational dollars in the budget. And, again, any excess over that will go back to the utilities that paid the fund. So, as the language reads, we have -- not changing anything that would -- would allow these funds to be swept.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Watson.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Trotter.

The ICC. So, the Illinois Commerce Commission would like to see this done, ‘cause it gives them more flexibility to run 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 the organizations and the funds. Would allow them to do that by having, again, a six-month base of dollars versus every month or every two months trying to find more dollars.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Watson. Any further discussion? Seeing none, Senator Trotter, to close.

I just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 1987 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? Madam Secretary, take the record. There are 56 Yeas, no Nays, none voting Present. Senate Bill 1987, having received the required constitutional majority, is declared passed. Senator Harmon, on Senate Bill 1988, do you wish to proceed? Out of the record. Senator Harmon, on Senate Bill 1989, do you wish to proceed? Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon, please explain Senate Bill 1989.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. In 2005, on the eve of Thanksgiving, there was a horrible train crash in the Village of Elmwood Park in my district between an express Metra train and seventeen 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 automobiles. In response to that crash, we, in the last General Assembly, expanded a DuPage County pilot program for camera enforcement at railroad grade crossings. In the implementation of that new law in the Village of Elmwood Park, they have encountered certain procedural difficulties and -- and practical concerns. Senate Bill 1989 addresses those concerns. It conforms the railroad grade crossing law to the -- the intersection camera enforcement. I’m not aware of -- of any organized opposition to this and I’d ask for your Aye votes.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Harmon, to close.

I’d ask for your Aye votes.

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) The sponsor indicates he’ll yield, Senator Bomke.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon.

That is correct. It would be administratively adjudicated much the same as a parking ticket.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon.

Thank you, Mr. President. I -- I don’t believe that there’s a constitutional issue. Again, this conforms to the red light camera crossing rules. It’s also based on a photograph of your automobile in the course of the violation. So, there’s not much to remember.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon.

Thank you, Mr. President. That’s one of the consequences of -- of another change, which is the elimination of a requirement that we provide a photograph of the driver -- of the operator. That’s for a technical reason. As I understand it from the professionals in the field, with the anti-glare or anti-reflective windshields on cars today, you can’t capture an image of the -- of the -- or, the operator of the vehicle, as we had hoped when we passed this originally. Again, this is reflective of the -- the rules for red light cameras. We’re adopting the same standard.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon. 81  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

Again, I’d say this was a consequence of having adopted a pilot program at the same time we were adopting similar, but not identical, provisions for red light cameras. We’re trying to establish the same standard. As I understand it, this is the same as the red light cameras.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon.

It could and I’d be happy to entertain an amendment in the trailer bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Bomke.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon.

Thank you, Mr. President. Just to close, I just want to clarify one point that Senator Bomke raised. We are not adding cameras. Current law permits cameras. We are refining the way we do that in what I think is a better way. This is not an expansion; it is a refinement of existing authority.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 1989 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? Madam Secretary, take the record. There are 41 Yeas, 14 Nays, none voting Present. Senate Bill 1989, having received the required constitutional majority, is declared passed. Senator Althoff, do you wish to proceed? Senator Althoff seeks leave of the Body to return Senate Bill 1992 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1992. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, please explain Floor Amendment No. 1.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Althoff moves the adoption of Floor Amendment No. 1 to Senate Bill 1992. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Haine, on Senate Bill 2002, do you wish to proceed? Out of the record. Senator Sullivan, on Senate Bill 2006. Out of the record. Senator Bomke, on Senate Bill 2009, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke, to the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Bomke, to close.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2009 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? Madam Secretary, please take the record. There are 56 voting Yea, none Nay, none Present. Senate Bill 2009, having received the required constitutional majority, is declared passed. On the top of page 12, Senate Bill 2028. Senator Link, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Link, please explain the bill.

Thank you, Mr. President. This -- as amended, -- 2028 deletes the hundred-thousand-dollar bond required for license of wholesale distributors in the Wholesale Drug Distribution License Act. The amendment also revisits the changes in the Pharmacy Practice Act and reflects the changes of registration to licensure as a pharmacy {sic}. Know of no opposition to the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 85  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Is there any discussion? Seeing none, Senator Link, to close.

Just ask for a affirmative vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2820 {sic} 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? Madam Secretary, take the record. There are 56 voting Yea, none Nay, none Present. Senate Bill 2028, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, Senate Bill 2033. Senator Koehler. Out of the record. On the Order of 3rd Reading, Senate Bill 2052. Senator Haine. Out of the record. On Order of 3rd Reading, Senate Bill 2071. Senator Koehler, do you wish to proceed? Madam Secretary, please read -- read the bill.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2071 allows all school districts leasing school construction projects from a public building commission, rather than just Chicago, to use school construction project grants to pay debt service or to make lease payments. The bill 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 also allows school districts to incur additional indebtedness or execute a lease with a public building commission if they apply to the State Board of Education for a school construction project grant, receive the grant and lease the project from the public building commission. The State Board and the Capital Development Board would be prohibited from restricting a district’s eligibility for a construction grant based on the project being owned by a public building commission and being leased to the school district. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Burzynski.

PRESIDING OFFICER: (SENATOR CLAYBORNE) You may -- you may proceed.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Koehler, you wish to respond? Seeing no further question -- no further discussion, Senator Koehler, to close. 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

I would appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2071 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? Madam Secretary, please take the record. There are 37 voting Yea, 16 Nay, none Present. Senate Bill 2071, having received the required constitutional majority, is declared passed. Order of 3rd Reading, 2072 -- Senate Bill 2072. Senator Pankau. You wish to proceed? Please read the bill, Madam Secretary.

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Garrett, for what purpose do you seek recognition? 88  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield, Senator Garrett.

So, I think this is a great bill. For some reason, I think we’ve already done it. Am I -- refresh my memory. It seems that we did this either last year or the year before or that it’s already a Public Act.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator “Queen” Garrett.

Thank you. My staff has basically set the record straight. Thank you for this bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau, to close.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2072 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? Madam Secretary, please take the record. There are 56 voting Yea, none Nay, none Present. Senate Bill 2072, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, Senate Bill 2090. Senator Garrett, do you wish to proceed? Out -- out of the record. On Senate Bill 2097. Senate Bill 2097. Senator Wilhelmi. Out of the record. On Senate Bill 2098, Senator Wilhelmi. Madam Secretary -- oh, I’m sorry. Senator -- Senator Wilhelmi seeks leave of the Body to return Senate Bill 2098 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2098. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi, would you please explain Floor Amendment No. 1?

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 is a technical correction and I’ll be happy to explain the bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Wilhelmi 90  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 moves the adoption of Floor Amendment No. 1 to Senate Bill 2098. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Wilhelmi, on Senate Bill 2100. Do you wish to proceed? Madam Secretary, please read the bill.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2100 permits an optometrist to determine visual disability for purposes of issuing a Disabled Person Identification Card or disability license plate or decal. The purpose of this bill is to allow those who are blind or obviously having difficulty with vision -- they’re oftentimes driven to and from the grocery store, to the mall, the doctor’s office, and we believe that the optometrist should be able to determine disability for such persons so that they can park closer to the front door. I’d be happy to answer any questions and I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Wilhelmi, to 91  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 close.

I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2100 pass. All those in favor will vote Aye -- I’m sorry. Senator Bomke, what purpose do you -- for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 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? Madam Secretary, please take the record. There are 56 voting Yea, none Nay, none Present. Senate Bill 2100, having received the required constitutional majority, is declared passed. Senator Bomke, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senate Bill -- Senator Bomke, the record will so reflect. Senator Jones, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 The record will so reflect, Senator Jones. We will have leave to return to 2105. Senate -- on Order of 3rd Reading, Senate Bill 2110. Senator Wilhelmi, do you wish to proceed? Out of the record. On Order of 3rd Reading, Senate Bill 2111. Senator Wilhelmi, do you -- out of the record. Order of 3rd Reading, on Senate Bill 2112. Senator Koehler, do you wish to proceed? Out of the record. On Order of 3rd Reading, Senate Bill 2113. Senator Radogno, do you wish to proceed? Out of the record. On Order of 3rd Reading, Senate Bill 2118. Senator Raoul, do you wish to proceed? Out of the record. On Order of 3rd Reading, Senate Bill 2129. Senator Wilhelmi, do you wish to proceed? Out of the record. At the top of page 13, on Order of 3rd Reading, Senate Bill 2137. Senator Millner, do you wish to proceed? Madam Secretary, please read the -- read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Millner, to the -- to the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing no -- seeing no -- seeing none, Senator Millner, to close. The -- the question is, shall Senate Bill 2137 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? Madam Secretary, please take the record. There are 56 voting Yea, none Nay, none voting Present. Senate Bill 2137, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, Senate Bill 2158. Senator Risinger. Out of the record. On Order of 3rd Reading, Senate Bill 2165. Senator Demuzio. Out of the record. We will have leave to return to Senate Bill 2179. On 3rd Reading, Senate Bill 2199. Senator Delgado. Senator Delgado seeks leave of the Body to return Senate Bill 2199 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2199. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado, please explain Floor Amendment No. 1.

Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 to Senate Bill 2199 extends the time by which the Departments must develop a plan from September 30th, 2008, to September 30th, 2009. Further, Floor Amendment No. 1 to Senate Bill 2199 adds clarifying language that the “money follows the individual” principles must take into account the preferences of the individual who is being provided care.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Delgado moves the adoption of Floor Amendment No. 1 to Senate Bill 2199. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2210. Senator Silverstein, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein, to the bill. 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

Thank you, Mr. President. This amends the Riverboat Gaming Act. It adds the person -- the term “persons with disability” to the minor {sic} and -- female provision of the Act. It also provides that a person convicted of a crime involving dishonestly {sic} or -- or -- or moral turpitude may receive an occupational license if more than ten years have passed and the person has not subsequently convicted of a crime. It also allows for community and vocational training for any occupational licensee.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Silverstein, to close.

Ask for a favorable Aye roll call.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2210 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. There are 54 voting Yea, none Nay, none voting Present. Senate Bill 2210, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, Senate Bill 2211. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 96  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Senator Silverstein, to the bill.

Thank you, Mr. President. This changes the requirements for foreign or out-of-state acupuncturists. I’ll take -- regarding their education. I’ll take any questions - if anyone has any points.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Silverstein, to close.

Ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Question is, shall Senate Bill 2211 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? Madam Secretary, please take the record. There are 54 Yeas, no Nays, none voting Present. Senate Bill 2211, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, Senate Bill 2227. Senator Frerichs. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) …the bill, Senator Frerichs.

This bill amends the Illinois Income Tax Act. It creates a tax checkoff for the Crisis Nursery Fund. Amends the State 97  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Finance Act to create the Fund. Amends the Department of Human Services Act, and provides that, from appropriations to the Department of Human Services, the Department shall make grants to the Crisis Nursery Coalition of Illinois. I ask a favorable vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Frerichs, to close.

I think this is money that could -- potentially goes to a very worthy cause, a very worthy charity. And ask a favorable vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2227 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? Madam Secretary, take the record. There are 55 voting Yea, none Nay, none voting Present. Senate Bill 2227, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading, Senate Bill 2231. Senator Harmon. Out of the record. Having already addressed Senate Bill 2250, we’re going to move on to Senate Bill -- Order of 3rd Reading, Senate Bill 2254. Senator Haine. Out of the record. On Order of 3rd Reading, Senate Bill 2290. Senator Delgado, do you wish to proceed? Madam {sic} Secretary, please read the bill.

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

Thank you, Mr. President, Members of the Senate. Senate Bill 2290 amends the Illinois -- Optometric Practice of 1987 and the Elder Abuse and Neglect Act. Provides that willfully failing to report an instance of suspected abuse or neglect, instead of child abuse and neglect, as required by law on -- is grounds for disciplinary action against an optometrist. Provides that any optometrist who willfully fails to report suspected elder abuse, neglect, or -- or financial exploitation, or self-neglect shall be referred to the Department of Financial and Professional Regulation for disciplinary action. And I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Delgado, to close.

I would just ask for your Aye vote, Mr. President.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you. The question is, shall Senate Bill 2290 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? Mr. Secretary, please take the record. On the question, there are 55 voting Yea, none Nay, none voting Present. 2290, having received the constitutional majority -- required constitutional majority, is declared passed. On the Order of 3rd Reading, Senator Maloney, Senate Bill… Out of the 99  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 record. On the Order of 3rd Reading, Senate Bill 2302. Senator Bomke. Madam -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke, to the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Bomke, to close.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2302 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? Mr. Secretary, please take the record. On the question, there are 56 voting Yea -- Yea, none Nay, none Present. Senate Bill 2302, having received the required constitutional majority, is declared passed. Senator Sandoval, for what purpose do you 100  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 seek recognition?

Thank you, Señor Presidente. It’s good to see another face up there. Mr. President, I -- point of personal privilege.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.

Ladies and Gentlemen of the Illinois Senate, I’d like to welcome -- give a hearty welcome to some of my friends on the southwest side of Cook County. One -- some of Berwyn’s finest are here with us this afternoon, led by Felix Greco of the Berwyn Fire Fighters Local 506. They are in the gallery. I’d like them to rise. And give a warm welcome to the Berwyn fire fighters.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Please rise and be recognized. Thanks for coming. Senator Garrett, do you wish to proceed on Senate Bill 2311? Senator -- Senator Garrett seeks leave of the Body to return Senate Bill 2311 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2311. Mr. Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett, please explain Floor Amendment No. 1.

Yes, thank you again, Mr. President. This Floor amendment 101  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 basically says that the members of the board will have a four- year term.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Garrett moves the adoption of Floor Amendment No. 1 to Senate Bill 2311. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2329. Senator Brady. Out of the record. On the Order of 3rd Reading, 2332. Senator Schoenberg, do you wish to proceed? Out of the record. At the top of page 14, on Order of 3rd Reading, Senate Bill 2344. Senator Wilhelmi. Senator Wilhelmi. Out of the record. We have leave to return to Senate Bill 2348. On the Order of 3rd Reading, Senator Garrett, on Senate Bill 2369. Out of the record. To the Order of 3rd Reading, on Senate Bill 2379. Senator Demuzio. Madam Secretary, please read the bill - - Mr. Secretary, please read the bill.

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

Yes. Thank you, Mr. President and Members of the Senate. 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Senate Bill 2379 allows the removal or addition of a school district to a joint agreement concerning special education facilities by amendment without petition. It specifies that joint agreements must receive a two-third majority vote of a single board of trustees and a two-third majority vote of those present and voting in a joint hearing. It also allows contracts for directors of joint agreements to be one to three years rather than three years.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, Senator Demuzio, to close.

Yes, I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 2379 pass. All those in favor, vote Aye. Opposed, Nay. The -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On the question, there are 56 voting Yea, none Nay, none voting Present. Senate Bill 2379, having received the required constitutional majority, is declared passed. Senator Martinez in the Chair.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Demuzio, on Senate Bill 2380. Mr. Secretary, read the bill, please.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Demuzio.

Yes. Thank you, Madam President and Members of the Senate. Senate Bill 2380 addresses that CHIP -- the CHIP statute, which does not allow a participant to have Medicaid coverage and CHIP coverage at the same time, except during the CHIP six months existing -- preexisting condition time period. Participants are often not sure that they will qualify for Medicaid and, therefore, apply for CHIP and Medicaid at the same time. CHIP processes the application and often offers coverage within that two to three weeks period. The Department of Human Services then -- during that period of time, there’s an overlap and sometimes that coverage is not extended or there’s double coverage. CHIP statute says -- states that they cannot be in both programs at the same time. This clarifies that statute.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, the question is, shall Senate Bill 2380 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 voting Aye, 0 voting Nay, and 0 voting Present. Senate Bill 2380, having received the required constitutional majority, is declared passed. Senator Risinger, on Senate Bill 2391. Mr. -- Mr. President -- Mr. Secretary, please -- please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Risinger.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, the question is, shall Senate Bill 2391 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2391, having received the constitutional majority, is declared passed. Senator Cullerton, on Senate Bill 2396. Senator Cullerton. Out of the record. Senator Link, on Senate Bill 2399. Senator Link. Out of the record. Senator Link, on Senate Bill 2400. Out of the record. Senator Demuzio, on Senate Bill 2407. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Demuzio.

105  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 I’d like -- I’d like to take this out of the record.

PRESIDING OFFICER: (SENATOR MARTINEZ) Out of the record. Senator Demuzio, on Senate Bill 2412. Out of the record. Senator Demuzio, on Senate Bill 2413. Out of the record. Senator Millner, on Senate Bill 2415. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Millner.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, the question is, shall Senate Bill 2415 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2415, having received the required constitutional majority, is declared passed. Senator Silverstein, on Senate Bill 2422. Mr. Secretary, please read 106  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Silverstein.

Thank you, Madam President. 2422 adds vehicles purchased by a fire department, a fire protection district, or township fire department under the new -- under the definition of new vehicles and consumers under the New Vehicle Buyer Protection Act. Take any questions.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Senator Risinger.

PRESIDING OFFICER: (SENATOR MARTINEZ) The sponsor yield.

PRESIDING OFFICER: (SENATOR MARTINEZ) 107  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Senator Silverstein.

Good question. You know, I -- I found this bill or this -- this bill in one of the periodicals we get during the summer. Twenty states have bills similar to this now, including Rhode Island. So, I -- I think you’re right. I mean, we might be expanding it, but what are we doing? We’re protecting our -- our fire departments anyways in case there’s any bad vehicles. Same thing for the -- like I said, we could add this to the police department, but that’s another day, for another time.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Risinger.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Silverstein.

I don’t think so. I mean, a vehicle is a vehicle, whether it’s used for consumer or nonconsumer use. But I can see your distinction. But I -- I -- personally, I don’t think that’s -- that’s -- that’s valuable.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Risinger.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Seeing none, Senator Silverstein, to close.

Ask for a favorable Aye vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) The question is, shall Senate Bill 2422 pass. All -- will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 54 voting -- voting Aye, 0 voting Nay, 0 voting Present -- 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2422, having received the required constitutional majority, is declared passed. Senator Silverstein, on 2428 -- Senate Bill 2428. Mr. Secretary, please read the bill. My apologies, it’s Senate Bill 2424. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Silverstein.

This amends the -- Podiatric - thank you - Medical Act by adding the -- replacing the words the practice of medicine to all branches and refer to all -- and to -- with references to 109  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 licensed to practice under the Medical Practice Act. We’re just clarifying, cleaning up some language.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Senator Murphy.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Silverstein.

No one’s opposing it. Everyone’s stampeding towards it.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Seeing none, the question is, shall Senate Bill 2424 -- 2424 pass. All of those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2424, having received the required constitutional majority, is declared passed. Senator Silverstein, on Senate Bill 2428. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Silverstein.

110  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 Thank you, Madam President. This amends the Code of Civil Procedure. The proposed bill will prohibit individuals employed by a facility licensed under the Nursing Act -- Home Care Act to accept personal service or making service in compliance with the Code.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any -- any discussion? Seeing none, the question is, shall Senate Bill 2428 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2428, having received the required constitutional majority, is declared passed. Senator Demuzio, on Senate Bill 2429. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Demuzio.

Yes. Thank you, Mr. -- Madam President and Members of the Senate. Senate Bill 2429 provides that persons who have been honorably discharged from the U.S. Army {sic} (armed) forces and who has been awarded the -- Afghan and Iraqi campaign medal after September the 11th, 2001, are deemed to have met the collegiate education requirement for appointment to the State Police. I might want to note that when this bill was in 111  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 committee that the question came up on the date and that date will be clarified. There are at least five different types of medals that are awarded, and when the -- this bill reaches the House, that the date of that particular conflict will be changed.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Senator Burzynski.

PRESIDING OFFICER: (SENATOR MARTINEZ) She indicates she will.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Demuzio.

Senator, no, they will still be required to go through the State Police Academy. What this will do is that there is a probationary period for these particular individuals coming in from both the Iraqi and the Afghanistan war, and that during that probationary period, the -- the State Police Commander will have an opportunity to then see if they’re able to continue on.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Burzynski.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Demuzio.

Thank -- thank you again. Senator, we give military preference. Okay. We do not give service. So we give them a preference.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Burzynski.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Demuzio.

Senator, thank you very much for that question. Again, I think that anytime that you’re looking at changing any type of preference or rules or regulations -- again, we have been -- and I have tried working with the State Police. I’ve had the Merit Board in my office. And, again, I think it’s a matter of -- of making changes. Sometimes change is very difficult.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Millner.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Senator Demuzio, to close.

Yes. Thank you, again. As our men and women are coming back from Iraq and Afghanistan, I think that we as a nation should be taking pause and taking a look at the opportunities that we should be able to provide for our young men and women. Many of our men and women coming back would like to be able to serve in the -- whatever occupation that they may choose. Many of them would like to be -- go into the -- or, into the State Police. And I think that this is an opportunity for us to show our gratitude, because many of them have had to go and give up a period of their educational services, maybe they were attending a college or a community college and got called up. And many of them do have hours of educational requirements. So what this does is to provide an opportunity for our men and women serving for us abroad. And I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you. The question is, shall Senate Bill 2429 pass. All those in favor, vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2429, having received the -- required constitutional majority, 114  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 is declared passed. Senator Demuzio, on Senate Bill 2431. Senator Demuzio. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Demuzio.

Yes. Thank you, Madam President, Members of the Senate. Senate Bill 2431 amends the various Acts regarding changes in reference to the Department of Nuclear Safety to the Illinois Emergency Management Agency. These are technical changes to the Civil Administrative Code of Illinois and the Nuclear Safety Act. There are numerous changes in terms of trying to clear up the -- the language and the nuclear safety functions that are now IEMA’s Division of Nuclear Safety and where -- I’m asking -- that the bill simply goes through deleting some of the Department of Nuclear Safety and inserting the Illinois Emergency Management Agency. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, the question is, shall Senate -- Senate Bill 2431 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2431, having received the required constitutional majority, is declared passed. Senator Cullerton, on Senate Bill 2435. Mr. Secretary, please read the 115  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Cullerton.

Yes. Thank you, Madam President, Members of the Senate. This is an initiative of the State’s Attorney’s Office, actually, in DuPage County. This is Joe Birkett’s recommendation, through Assistant State’s Attorney Hayman, who wants us to amend the Code of Civil Procedure to eliminate the automatic stay in cases where the final judgment grants injunctive or declaratory relief to a government agency relative to the enforcement of a statute. The problem is that in these types of cases where, for example, the State’s Attorney brings an action asking for an injunction, after they get the injunction, the defendants can delay the effect of the injunction and put off complying by filing these meritless motions called 2-1203 motions. So -- and some attorneys have filed these motions without even motioning them up. It’s delaying the ultimate resolution of the motion and prolonging the defendant’s ability to disobey the court mandate. So, I think it makes reasonable sense. The -- the amendment is very tightly drafted. Be happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, the question is, 116  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 shall -- shall Senate Bill 2435 pass. All those in favor, vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there’s 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2435, having received the required constitutional majority, is declared passed. Senator Cullerton, on Senate Bill 2452. Out of the record. Senator Jacobs, on -- on Senate Bill 2461. Mr. Secretary, please read the bill. Senator Jacobs seeks to -- leave of this Body to return Senate Bill 2461 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2461. Mr. Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Jacobs, to -- to explain your amendment.

Madam Chairman, Amendment 1 deletes the bill upon changes recommended by the committee and we’ve accepted those committee changes and we’ll move them onto 3rd with no disapproval.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, Senator Jacobs moves the adoption of Amendment No. 1 to Senate Bill 2461. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MARTINEZ) 3rd Reading. Senator Kotowski, on Senate Bill 2486. Out of the record. Senator Forby, on Senate Bill 2487. Out of the record. Senator Lightford, on Senate Bill 2492. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Lightford.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2492 amends the Illinois Public Aid Code regarding Medicaid reimbursement for hospital psychiatric services. I learned some time ago that there’s many community hospitals across the State of Illinois, at the tune of thirty- seven, who have psychiatric units but none of them are being paid at the same rate. Some rates differ from six bucks -- sixty bucks a day all the way down to twenty-four dollars. And so, I think it’s important that we give all of our community hospitals an opportunity to receive the same pay for the work that they’re doing and this bill would provide parity. And I’d be happy to answer questions.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Senator Pankau.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Senator Lightford, to close.

Thank you, Madam President. I wanted to clear up a -- a -- an amount I just mentioned. It’s actually -- the medium is three hundred and sixty-four dollars per day. The high end is six hundred and the low end is two twenty. So I just wanted to clarify that amount. And I appreciate Senator Pankau speaking on behalf of this legislation, because it’s really important, that just because you’re a old hospital and you have a old psychiatric unit doesn’t mean that you should receive less rate than the newer hospitals who have the advanced technology. So I’d appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) The question is, shall Senate Bill 2492 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2492, having received the required constitutional majority, is declared passed. Senator Demuzio, what purpose do you rise?

Thank you, Madam President. On Senate Bill 2431, I was 119  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 recorded as not voting. I’d like to be recorded as an Aye since it was my bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) The record shall so reflect. Thank you.

Thank you.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Althoff, on Senate Bill 2501. Senator Link, on Senate Bill 2513. Senator Link. Out of the record. With the leave of the Body, we will go back to -- to Senate Bill 2531. Senator Clayborne, on Senate Bill 2546. Senator Clayborne. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Clayborne.

Thank you, Madam President. Senate Bill 2546 amends the Sale of Tobacco to Minors Act - false ID, vending machine, lunch wagons, and out-of-pocket expenses {sic}. It’s -- it prohibits the use of false identification to obtain cigarettes or other tobacco products. Restricts the use of vending machines that sell products to single product vending machines that sell tobacco only. The bill further restricts the placement of such machines to place -- places to which minors under eighteen years of age are not permitted, places where alcoholic beverages are sold and consumed on the premises and vending machines operation 120  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 is under the direct supervision of the owner or manager. Makes the sale of single or loose cigarettes that are not contained in a sealed package or container illegal. In toto, this bill represents one small step to help control youth access to tobacco. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, the question is, shall Senate Bill 2546 pass. All those in favor will vote Aye. Opposed, Nay. The -- the voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that -- on that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2546, having received the required constitutional majority, is declared passed. Senator John Jones, on 2562. Senate Bill 2562. Out of the record. Senator DeLeo -- no. Senator DeLeo, my mistake. Senate Bill 2570. Senator Frerichs. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Frerichs.

Thank you much, Madam President. Senate Bill 2570 creates the Illinois Corn Grain to Fuel Research Consortium Assistance Program. This program will provide grants to assist members of the Consortium, which will support research efforts on corn kernel to fuel alcohol and value added co-products, corn stover 121  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 to fuel alcohol, and cellulosic fuel alcohol production. The Use Tax Act, the Service Use Tax Act and the Service Occupation Tax Act and the Retailers Occupation Tax Act are amended, exempting from taxation under those Acts that part of the selling price of motor fuel or gasoline that exceeds two dollars and fifty cents per gallon. This bill is identical to Senate Bill 1559, which I supported last -- I sponsored last year. The bill passed the Senate unanimously last year and was not acted on by the House. And I’d appreciate support of this bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Seeing none, the question is, shall Senate Bill 2570 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2570, having received the required constitutional majority, is declared passed. Senator Harmon, Senate Bill 2636. Out of the record. Senator Harmon, on Senate Bill 2638. Out of the record. Senator Harmon, on 2639. Mr. President -- Mr. Secretary, please read the -- the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Harmon.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2639 reauthorizes the IEPA’s traditional 122  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 authority to propose rules and regulations required by the federal Clean Air Act to the Pollution Control Board through a fast-track rulemaking procedure. The amendments that we’ve adopted have eliminated all opposition of which I’m aware. The bill does not extend the IEPA’s regulatory authority. It just allows for a continuation of the current fast-track authority through 2013. I’d ask for your Aye votes.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Seeing none, the question is, shall Senate Bill 2639 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2639, having received the required constitutional majority, is declared passed. Senator Harmon, on Senate Bill 2640. Out -- out of the record. With the leave of the Body, we are going to skip down from 2643 all the way on to page 17, to Senator Wilhelmi’s bill, Senate Bill 2674. Senator Wilhelmi, on 2674. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Wilhelmi.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2674 amends the Park Commissioners Land Sale Act regarding the sale of golf course land. The measure 123  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 would allow a park district with a golf course in a non-home rule county with a population greater than five hundred thousand but less than a million to sell up to eight acres of land should that land no longer be needed or deemed necessary or useful for golf course purposes. Right now, current law allows for such a sale up to three acres of land. The particular situation we have at the Joliet Park District is a parcel along Route 59 in Caton Farm Road in Joliet, extremely valuable land. They have two hundred acres at Wedgewood Golf Course. They want to sell up to eight acres to a developer, take the sale proceeds, reinvest it in the property to build a -- a beautiful golf clubhouse and banquet facility. Right now, they are not able to have banquets with their golf outings or banquets for the community, and it’s a shame because revenues are going outside of the district as opposed to back to the district. So this is a very creative way to make sure they can build such a facility and not ask the taxpayer to come forward with more money through a referendum. I know of no opposition, but I’d be happy to answer any questions. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Senator Althoff.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Seeing none, the question is, 124  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008 shall Senate Bill 2674 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2674, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll skip Senate Bill 2675 and move on to Senate Bill 2676. Senator Koehler. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Koehler.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2676 gives the City of East Peoria and the Village of Morton the ability to raise their tax on their hotel room rental one percent, from five percent to six percent. I’d appreciate support on this.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Senator Althoff.

PRESIDING OFFICER: (SENATOR MARTINEZ) Indicates he will.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Koehler.

Yes, Senator, thank you for that question. These communities are too small to be home rule and the -- the surrounding communities that are home rule have dealt with this issue, but the -- these two have to come to the General Assembly for relief.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Althoff.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Koehler.

They’re not large enough communities.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Althoff.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Koehler. 126  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 143rd Legislative Day 4/8/2008

Not any reason that I’m aware of.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Althoff.

PRESIDING OFFICER: (SENATOR MARTINEZ) Further discussion? Senator Rutherford.

PRESIDING OFFICER: (SENATOR MARTINEZ) He indicate he will.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Koehler.

Yes, thank you, Senator. Yes, both communities did pass such a resolution supporting this.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Rutherford.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Senator Koehler, to close.

Thank you, Senator, for your comments. I’d appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) The question is, shall Senate Bill 2676 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 38 voting Aye, 14 voting Nay, 0 -- 0 voting Present. Senate Bill 2676, having received the required -- constitutional majority, is declared passed. With the leave of the Body, we’ll skip down to Senate Bill 2682. Senator Frerichs. Mr. -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Frerichs.

Thank you. Senate Bill 2682 deletes the -- well, underlying bill and authorizes school boards to award a diploma to an honorably discharged veteran who left high school before graduating to serve in the United States armed forces during the Vietnam Conflict provided the veteran resided in an area within the district and has not received a high school diploma. Currently, school boards have the authority to issue high school diplomas to World War II and Korean Conflict veterans who left high school to serve in the armed forces. I would ask a -- a favorable vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Seeing -- seeing none, the question is, shall Senate Bill 2682 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2682, having received the required constitutional majority, is declared passed. …the leave of the Body, we will turn the page to page 18, top of the page. Senator Maloney, on Senate Bill 2690. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Maloney.

Thank you, Madam President. Senate Bill 2690 came out of a situation in my district in which a community college passed a referendum, and when they began construction of many of the buildings that the referendum allowed them to build, there was a great deal of frustration in the sense that many local businesses could not get any of the -- the work because of the - - the bidding process. What this -- what this bill will do is it will allow local businesses if they were within five percent of the lowest bid, with a two-thirds vote of the community college board, that local business can secure the work. I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Seeing none, the question is, shall Senate Bill 2690 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2690, having received the required constitutional majority, is declared passed. With leave of the Body, we will skip on down to Senate Bill 2707. Senator Link. Out of the record. There being no further business to come before the Senate, the Senate stands adjourned -- stands adjourned until the hour of 11 a.m., tomorrow, Wednesday, April 9th. The Senate stands adjourned. 130