Illinois Senate Floor Debate — April 16, 2008

PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desks? Will the guests in the galleries please rise? The invocation today will be given by Senator Koehler. Senator Koehler, for the invocation, sir.

(Prayer by Senator Koehler)

PRESIDING OFFICER: (SENATOR DeLEO) Please remain standing for the Pledge of Allegiance. Senator Maloney, to lead in the Pledge, sir.

(Pledge of Allegiance, led by Senator Maloney)

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Reading and Approval of the Journal, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter. Senator Hunter.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter moves to -- moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions, please.

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Resolutions Consent Calendar, please.

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) All right, Ladies and Gentlemen, for the purposes of an announcement. First, I’d ask all Members within the sound of my voice, please come to the Senate Floor immediately. The -- it’s the intent of the Chair -- if I could have your attention, Ladies and Gentlemen. It’s the intent of the Chair -- we’re 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 going to 2nd Readings. We’re going to go entirely through the Order of 2nd Readings, adopt amendments, and -- after that, we’ll go to 3rd Readings, final passage. This is the last time - Ladies and Gentlemen, let me repeat - this is the last time we’re going through the entire Calendar. We’re starting on 2nd Readings and going -- adopt the amendments, and then we’re going to 3rd Readings, final passage. This will be the last time this week we will go through the Calendar. So please be in your seats, have your bills ready for presentation. We’ll be working for a few hours this evening to try and accommodate every Member. So I’d ask all Members within the sound of my voice, please report to the Senate Floor immediately. Madam Secretary, Messages, please.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs, for what purpose you seek recognition, sir?

I rise for a point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) State your point, sir.

Thank you, Mr. President. I’m here to introduce the Members of the Senate to my Page for the Day.

PRESIDING OFFICER: (SENATOR DeLEO) Please -- please continue, sir.

Abby Frings is here from Champaign today, along with her mother in the gallery. And I would ask the Senate join me in welcoming Abby to the Senate today.

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests please rise and be recognized? And our -- welcome to the Illinois State Senate. Welcome to Springfield. Senator Frerichs.

And I also want to introduce a friend of mine. Pastor Greg Busboom was a high school competitor of mine, and he is now a pastor here in Springfield. He’ll hopefully be joining us here in the Session in the next month. So I would ask…

PRESIDING OFFICER: (SENATOR DeLEO) Pastor…

…a warm welcome to Pastor Greg Busboom as well. 8  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR DeLEO) Pastor, welcome. You look much younger than Senator Frerichs. Welcome. Madam Secretary, House Bills 1st Reading, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Introduction of Bills.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg. Senator Jeff Schoenberg, what -- for what purpose you seek recognition? Senator Schoenberg.

Thank you, Mr. President. I rise on a point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Today I am joined by my Page for the Day, Ruby Macsai- Goren. She’s a sixth grader at the Chute Middle School in Evanston. Her interests include acting, reading, and after today, she’s still interested in politics. Her father, Paul, is in the gallery behind me. Please give them both a warm Illinois Senate welcome. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Welcome to the Illinois State Senate. And you wanted to be an actor? You could be a Senator. It’s very, very apropos. …Rutherford, for what purpose you seek recognition, sir? 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR DeLEO) State your point, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Welcome to the Illinois State Senate. Welcome to Springfield. Senator Althoff, how are you today, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) Good. What -- for what purpose do you rise?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Guests in the gallery -- oh, I’m sorry…

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests in the gallery please rise and be recognized? And welcome to the Illinois State Senate. Welcome to Springfield. Do you still have the cow in downtown Harvard? Is the cow still there? I’ve been there. Okay, Ladies and Gentlemen, as the Chair previously announced, this is -- we’re going to 2nd Reading -- Senate Bills 2nd Readings, on page 2 of your Calendar. This is the last time we’re going to 2nd Readings, so please be prepared. Once again, this is the last time that the Senate will be going to 2nd Readings. Ladies and Gentlemen, on the -- page 2 of your Calendar is Senate Bill 1865. Senator Noland, do you wish to proceed, sir? Senator Noland, do you wish to proceed? He indicates he does. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Mr. Secretary, has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Noland, to explain your amendment, sir.

Thank you, Mr. President. The -- the amendment essentially becomes the bill. Like to speak to it on 3rd, if I may.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Noland moves the adoption of Floor Amendment No. 3 to Senate Bill 1865. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator John Cullerton, on 1869, sir. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Collins, on 1879, ma’am. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins, to explain your amendment, ma’am.

Thank you, Mr. President and Members of the Senate. Floor Amendment No. 2 to Senate Bill 1879 resolves a concern of the Department of Human Rights. It clarifies that the Attorney General’s Office has jurisdiction over all Articles of the Human Rights Act.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Senator Collins moves the adoption of Floor Amendment No. 2 to Senate Bill 1879. All those in favor will say Aye. All those opposed will say Nay. And the amendment is adopted. Has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Haine, on Senate Bill 1890, sir. Senator Haine. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) …any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, to explain the amendment, sir.

Quite -- quite simply, Mr. President - thank you - and Ladies and Gentlemen of the Senate, this amendment deletes any reference to local governmental units and -- and changes the figure to fifty thousand, which seems to be satisfactory to everyone and leaving no opposition.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Seeing none, Senator Haine moves the adoption of Floor Amendment No. 1 to Senate Bill 1890. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment is adopted. Has there been any other Floor amendments filed for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Schoenberg, on 1925, sir. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg, to the amendment, sir.

…you -- thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 deletes the underlying bill and reinstates the -- the program formerly known as the Aid to Medically Indigent program. It -- under certain more confined restrictions. I’d be happy to debate the bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the amendment? Seeing none, Senator Schoenberg moves the adoption of Floor Amendment No. 2 to Senate Bill 1925. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Schoenberg, on 1926, sir. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) …been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Haine, on 1929. On 1929. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, to explain your amendment, sir.

Thank you, Mr. President. The amendment merely expands the grandfather provision for people who are licensed to be electrologists.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Senator Haine moves the adoption of Floor Amendment No. 1 to Senate Bill 1929. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 is adopted. Has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. …Lightford, on 1933, ma’am. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) …Lightford, to explain the amendment, ma’am.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 provides that there be a subject to appropriations.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the lady’s amendment? Seeing none, Senator Lightford moves the adoption of Floor Amendment No. 1 to Senate Bill 1933. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration? 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Senator Haine, on 1941, sir. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senate Bill 1956. Senator Lightford. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) …there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Thank you, Mr. Secretary. 3rd Reading. Senator Haine, on Senate Bill 1965, sir. Senator Haine, on 1965, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) …there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Haine, to the amendment, sir.

Thank you, Mr. President. This amendment retains Senate Bill -- the underlying bill, as introduced, but clarifies, makes technical changes. Makes it clear that a sheriff or his or her designee may cause an application for Medicaid to be completed for an arrestee who is also, a, a hospital inpatient, and if deemed eligible, he or she must receive Medicaid for the hospital services.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Haine moves the adoption of Floor Amendment No. 1 to Senate Bill 1965. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Has there been any further Floor amendments approved for consideration? 22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Haine, on 1972, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Senator Lightford, on 1993, ma’am. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Collins, on 1998, ma’am, Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins, on Amendment No. 2, ma’am.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 retains the underlying bill which authorizes the IDFPR to participate in a nationwide automated residential mortgage licensing system and inserts language regarding exempt persons, data access and data security.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the lady’s amendment? Seeing none, Senator Collins moves the adoption of Floor Amendment No. 2 to Senate Bill 1998. All those in favor will vote Aye. All those in favor will -- will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins, on Amendment No. 3, ma’am.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 3 creates a system by which borrowers can avoid foreclosure by seeking housing or credit counseling and entering into a debt management plan with the lender.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the lady’s amendment? Seeing none, Senator Collins moves the adoption of Floor Amendment No. 24  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 3 to Senate Bill 1998. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Haine, on 1999, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) …there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Haine, on Senate Bill 2004, sir. Out of the record. Ladies and Gentlemen, continuing on Senate Bills 2nd Reading, we’ll go to the top of page 3 of your printed Calendars. On the top of page 3 in the printed Calendar is Senate Bill 2025. Senator Martinez. Senator Martinez. Out of the record. Senator Bond, on 2042, sir. Senator Bond, on 2042. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Bond, on Floor Amendment No. 1, sir.

Thank you, Mr. President. The amendment becomes the bill. It clarifies the School Code, not the Juvenile Court Act, and it clarifies language around who pays for residential treatment facilities.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no -- no discussion, Senator Bond moves the adoption of Floor Amendment No. 1 to Senate Bill 2042. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment is adopted. Has there been any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Senator Link, on 2051, sir. Mr. Secretary, read the bill, please.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Halvorson, on Senate Bill 2063, ma’am. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson, to Floor Amendment No. 1, ma’am.

Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 to 2063 creates the South Suburban Airport Authority, where the Authority would be responsible for the development and the operation of the South Suburban Airport, which is located in eastern Will County.

PRESIDING OFFICER: (SENATOR DeLEO) 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Is there any discussion on the amendment? Is there any discussion? Seeing none, Senator Halvorson moves the adoption of Floor Amendment No. 1 to Senate Bill 2063. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Has there been any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Frerichs, on 2074, sir. Senator Frerichs, on 2074. Senator Frerichs, on 2074, sir. Out of the record. Senator Haine, on 2079. Senator Haine, this isn’t Madison County, sir. Senator Haine, do you wish to proceed? Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, to the amendment, sir.

It’s -- it’s a simple amendment that deletes the controversial part and puts in just a longer number of days that 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 a driller must give the landowner before they start drilling.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine moves the adoption of Floor Amendment No. 1 to Senate Bill 2079. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Has there been any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senator Halvorson in the Chair.

PRESIDING OFFICER: (SENATOR HALVORSON) Metro Networks would like to take photographs. Is there leave? Leave is granted. On Senate Bill 2083, Senator Collins. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins, to explain your amendment.

Thank you, Madam President, Ladies and Gentlemen of the Senate. The Floor Amendment No. 1 removes -- all fees and 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 penalties have been removed from the bill. All fees and penalties have been completely removed from the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Collins moves the adoption of -- adoption of Amendment No. 1 to Senate Bill 2083. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Haine, on 2091. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine, to explain your amendment.

Thank you, Madam President. This is a -- this -- this bill -- underlying bill has certain duties of the State Superintendent to initiate proceedings to terminate the -- the 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 teacher license of someone convicted of a certain delineated number of crimes. That’s in the amendment. It -- it also provides limited immunity for superintendents and school board members for basically reporting any child abuse.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Cronin, do you have discussion on the amendment? Seeing no discussion, Senator Haine moves the adoption of Amendment No. 2 to Senate Bill 2091. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Cronin, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HALVORSON) State your inquiry.

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Cronin. We will take that into consideration. Senator Cullerton, on 2092. Senator Dillard, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Dillard. Again, we will take that under consideration. We appreciate it. Senator Cullerton, on 2099. Mr. President -- or, Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration? 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton, to explain your amendment.

Yes. Thank you, Madam President, Members of the Senate. This amendment was adopted in the Revenue Committee. Deals with the selling of the -- certain Lotto and Mega Million games on the Internet. The amendment limits it to those two games and requires the Department of Revenue to get a memo from the federal Department of Justice making sure that this is legal. And it sets up certain -- allows the Department of Revenue to adopt certain rules to implement age and location verification. And be happy to answer any questions and ask for its adoption.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Righter, do you have discussion on Senator Cullerton’s amendment?

PRESIDING OFFICER: (SENATOR HALVORSON) Sure will.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any other discussion? Seeing none, Senator Cullerton moves the adoption of Amendment No. 3 to Senate Bill 2099. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Righter, on your inquiry.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter, I -- we don’t have to say that right here. We will be taking it under advisement and we will let you know by tomorrow. Senator Righter.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter, if I could please explain. It’s not something to just place on the Calendar. It was a motion to pull something out of Rules. That we’re taking under advisement. If somebody wants to place something on the Calendar, so be it. But it was a motion to discharge, not just placing it on the Calendar. Senator Righter.

PRESIDING OFFICER: (SENATOR HALVORSON) I can take that under advisement, because there are many options. It’s not automatic. So, we will decide and see if it’s put on the Calendar for tomorrow. It isn’t automatic. There are options. So, next bill is, Senator Pankau, on 2120. Senator Cronin.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cronin, as you have heard me mention several times, we are not at that order of business and I will take that under -- advisement. Senator Cullerton, on 2124. Senator Cullerton, on 2128. Senator Syverson, on 2138. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson -- oh, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson, to explain your amendment.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Syverson moves the adoption of Amendment No. 2 to Senate Bill 2138. All those in favor will vote Aye. Opposed, Nay. The voting -- the Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Murphy, on 2142. Mr. Secretary, read the bill. Oh! Senator Syverson, on 2139. Senator Murphy, on 2142. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Murphy, to explain your amendment. 3rd Reading. Top of page 4. Senator Trotter, on 2155. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter, to explain your amendment.

Thank you very much, Madam President, Members of the Senate. Floor Amendment No. 1 is clarifying language to Senate Bill 2155, as introduced, in relationship to providing certain information to a patient, training individuals to administer 37  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 naloxone, and protecting health care providers from disciplinary actions or civil or criminal prosecution for practicing medicine without a license.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Trotter moves the adoption of Amendment No. 1 to Senate Bill 2155. All those in favor will vote Aye -- say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Haine, on 2163. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine, to explain your amendment.

The amendment takes all the -- the underlying bill and adds - pursuant to an agreement between the ICC and the -- and the 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 telecoms - it -- it requires the Commerce Commission to certify providers of a 9-1-1 database. So there’s -- there’s now an agreement.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Haine moves to approve the -- moves to -- the adoption of Amendment No. 3 to Senate Bill 2163. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Millner, on Senate Bill 2166. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Murphy, on 2170. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Murphy, to explain your amendment.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Murphy moves the adoption of Amendment No. 1 to Senate Bill 2170. All those in favor will say Aye. Opposed, Nay. The Ayes -- Senator Garrett, do you have discussion on the amendment?

Yes, I do.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett, on Senator Murphy’s Amendment No. 1 to Senate Bill 2170.

40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Yes. I -- I’m sorry. I did talk to Senator Murphy today about the amendment. I have a concern about this amendment because it was supposedly based on a bill that has come from the federal government, which, when I looked into it, that bill has not passed. I just want to make sure that when we address this issue that we do so in a -- in a very thoughtful way and we check in with the schools and that we -- we -- we don’t just allow for teachers to be able to search students with some amount of suspicion - that, in fact, we talk to our local schools. I think, actually, this bill deserves a hearing. I have a huge concern that if we go forward with this bill, we’re giving teachers the authority to search students based on suspicious issues, and I think that is wrong-sighted. And I -- and I ask that we think about this before we move forward.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any other discussion? Senator Murphy, would you like to respond?

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, Senator Murphy moves 41  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 the adoption of Amendment No. 1 to Senate Bill 2170. All those in favor will say Aye. Opposed, Nay. The Ayes have it. And the amendment is adopted. Senator Delgado, on… I’m sorry. Any further amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Delgado, on 2173. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado, to explain your amendment.

Thank you, Madam President -- thank you, Madam President, Members of the Senate. Floor Amendment No. 2 deletes all and rewrites Senate Bill 2173, as amended by Committee Amendment No. 1. Floor Amendment No. 2 addresses increases and physician reimbursement rates for services provided under KidCare program, the Covering ALL KIDS program and the Medicaid program. Floor Amendment No. 2 also adds an immediately effective date, and I 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Delgado moves the adoption of Amendment No. 2 to Senate Bill 2173. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator DeLeo in the Chair.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, are you seeking recognition?

PRESIDING OFFICER: (SENATOR DeLEO) State your inquiry, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon, are -- seeking recognition on this gentleman’s motion, sir?

Yes, I am, Mr. President. They asked Leader Halvorson, while she was in the Chair, the same question. I’m just trying to figure out from Senator Righter does he believe that you’re softer than Senator Halvorson. I reminded you in Leadership today that you are Italian and you don’t have to take this mess if you don’t want to.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you for those kind remarks. First of all, I’d like to thank the Majority Leader for relieving me on the Chair while I had to attend to some personal business in the -- in the office. So, thank you, Leader Halvorson. Second, Senator Righter, I -- I’m hearing the cries on renewing your request to have this. We will certainly take this under very strong consideration and advisement and we will -- at the end of Session today, when we meet to go over tomorrow’s Calendar, I’ll make a very passionate plea that this motion be printed on the Calendar, sir. Senator Righter. 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Okay, Ladies and Gentlemen, going back -- we’ll leave off page 22. We will go back to page 5 of the Calendar -- I’m sorry, page 4 of our Calendar. We will go to the middle of page 4, Senate Bills 2nd Reading. Senator Frerichs, on 2178. Senator Frerichs, on 2178, sir. Out of the record. Senator Clayborne. James Clayborne, on 2181, sir. Mr. Secretary, please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne, to Floor Amendment No. 3, sir.

Thank you. Floor Amendment No. 3 adds a twenty-five-dollar fee to be paid by the defendant on judgment of guilty or a grant 45  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 of supervision for the purposes of financing county probation services.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on Floor Amendment No. 3? Seeing none, Senator Clayborne moves the adoption of Floor Amendment No. 3 to Senate Bill 2181. All those in favor will say Aye. All those opposed will say Nay. The amendment is adopted. Is there -- Mr. Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senator Jacobs -- Senator Hendon, are you still seek recognition, sir? Senator Jacobs. Senator Jacobs, on 2188, sir. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senator Link, on 2193. Senator Terry Link, on 2193, sir. Senator Link. Senator Terry Link, on 2193, sir. Out of the record. Senator Haine, on 2201, sir. 2201. Senator Haine. Out of the record. Senator Hultgren, on 2207, sir. Senator -- Mr. Secretary, please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator John Cullerton, on 2214, sir. Senator Cullerton. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Have there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Jacobs, on 2216, sir. Senator Jacobs, on 2216. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) …any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs, to the amendment, sir.

Thank you, Mr. President. The amendment simply states - and this was brought to -- by the committee - that says that you have to win the lawsuit in order to recover fees. So it’s a change recommended by the committee.

PRESIDING OFFICER: (SENATOR DeLEO) Has there -- Senator Jacobs moves the adoption of Floor Amendment No. 1 to Senate Bill 2216. Is there any discussion? Seeing no discussion, all those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Has there been any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator John Cullerton, on 2222. 2222, sir. Mr. Secretary, please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Raoul, on 2287, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) There been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Meeks. Senator James Meeks, on 2288, sir. Out of the record. Senator James Clayborne, on 2297. Senator James Clayborne, on 2297, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne, to Amendment No. 2, sir.

Thank you, Mr. -- thank you, Mr. Chairman. This is -- through negotiations, this has been agreed to, to reduce the 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 time for implementation of a new contract to fifteen months.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Senator Clayborne moves the adoption of Floor Amendment No. 2 to Senate Bill -- 2297. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Has there been any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Ladies and Gentlemen, I ask you to turn to page 5 of your printed Calendars. We’ll continue on Senate Bills 2nd Reading. On the top of page 5 of your Calendar is Senate Bill 2300. Senator John Sullivan. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan, to Floor Amendment No. 2, sir.

50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Thank you, Mr. President. Senate Bill 2300 with the amendment establishes the payment methodology based on a schedule that has been developed by the Centers for Medicare and Medicaid Services to adjust for ambulance services rates -- reimbursement rates in the State of Illinois.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Sullivan moves the adoption of Floor Amendment No. 2 to Senate Bill 2300. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senate Bill 2313. Senator Garrett. Senator Susan Garrett, on 2313, ma’am. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) There been any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett, on Amendment No. 2, ma’am. 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

Yes. Thank you, Mr. President. What we did was we revised some of the materials that we will be picking up through our electronic waste program and we revised the standards and the penalties for the program.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Garrett moves the adoption of Floor Amendment No. 2 to Senate Bill 2313. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Trotter. Donne Trotter, on 2321, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Lightford, on 2328, ma’am. Senator Lightford. Senator Lightford. 2328. Mr. Secretary -- no, out of the record. Out of the record. …Wilhelmi, on 2342, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi, on Amendment No. 1, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to Senate Bill 2342 retains the underlying bill and is submitted as an effort to clarify how property taxes will be levied when there are two or more special service areas so that one service area isn’t bearing more of its fair share than the other. I’d be happy to discuss it on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Seeing no discussion, Senator Wilhelmi moves the adoption of Amendment -- Floor Amendment No. 1 to Senate Bill 2342. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Has there been any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Wilhelmi, on Senate Bill 2355, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi, on Floor Amendment No. 1, sir.

Thank you, Mr. President. Floor Amendment No. 1 to Senate Bill 2355 adds a requirement that the court inform the victim of the Department of Public Health’s HIV/AIDS hotline for counseling and information about the test results. I’ll be happy to discuss it on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, seeing no discussion, Senator Wilhelmi moves the adoption of Floor Amendment No. 1 to Senate Bill 2355. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Mr. Secretary. 3rd Reading. Ladies and Gentlemen, continuing on Senate Bills 2nd Reading is Senate Bill 2356. Senator Hultgren, do you wish to proceed? Mr. Secretary, 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Haine, on Senate Bill 2358, sir. Senator Haine. …Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senate Bill 2374, Senator Risinger. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any further Floor amendments approved for 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger, to -- to the amendment, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing no discussion, Senator Risinger moves the adoption of Floor Amendment No. 1 to Senate Bill 2374. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Martinez, on 2402, ma’am. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any other Floor amendments approved for consideration, Mr. Secretary? 56  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez, on Floor Amendment No. 2.

Thank you, Mr. President, Members of the Senate. I am going to defer to my colleague here, Senator Lightford. This amendment came from her.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford…

Amendment No. 3…

PRESIDING OFFICER: (SENATOR DeLEO) …to explain Floor Amendment No. 2, ma’am, on… Excuse me. We’re on Floor Amendment No. 2. Senator Martinez, for clarification for the record, Floor Amendment No. 2 is yours; Floor Amendment No. 3 is -- is Senator Lightford’s. So we’re on Floor Amendment No. 2, ma’am.

Okay. Right. Thank you. Thank you, Mr. President. I’m sorry for the little mix up here. Floor Amendment No. 2 to Senate Bill 2402 deletes the underlying bill -- shell bill and raises the cap on charter schools from sixty to a hundred. It also deletes the geographic stipulation that no more than -- thirty charter schools may operate in Chicago, fifteen in the collar counties and fifteen downstate.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Martinez moves the adoption of Floor Amendment No. 2 to Senate Bill 2402. All those in favor will 57  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford, on Floor Amendment No. 3 to Senate Bill 2402, ma’am.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I’d like to first thank Senator Martinez for working with me on this amendment or agreeing to allow it to be presented on her legislation. Actually, what I’d like to do is to cap the number to single campuses, the forty new charters that will be implemented to not have multiple campuses.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, the lady -- seeing no discussion on the lady’s amendment, Senator Lightford moves the adoption of Floor Amendment No. 3 to Senate Bill 2402. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Martinez, on 2403. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Wilhelmi, on 2425, sir. Senator Wilhelmi, on 2425. Senator Wilhelmi, on 2425, sir. Out -- out of the record? Out of the record. Senator Silverstein, on 2426, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Silverstein, on Floor Amendment No. 1.

Thank you, Mr. President. I’d like to table Floor Amendment No. 1.

PRESIDING OFFICER: (SENATOR DeLEO) 59  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Sponsor indicates he’d like to table Floor Amendment No. 1. Has there been any other Floor amendments approved -- any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Silverstein, to Floor Amendment No. 3, sir.

Thank you, Mr. President. This -- the amendment becomes the bill. It creates an offense of cyberbullying. I’ll discuss it more on 3rd.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, the sponsor asked to withdraw Floor Amendment No. 1, Floor Amendment No. 2 -- he -- the sponsor tabled Floor Amendment No. 1 and… Okay. Ladies and Gentlemen, for the purposes of clarification, on Senate Bill 2426, the sponsor tabled Floor Amendment No. 1 and he’s presenting -- Floor Amendment No. 2 is still in Rules and Floor -- we’re now addressing Floor Amendment No. 3. Seeing no discussion, Senator Silverstein moves the adoption of Floor Amendment No. 3 to Senate Bill 2426. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 3 is adopted. Okay, the -- Ladies and Gentlemen, the amendment is adopted. Senate Bill 2426, 3rd Reading, sir. Senator Steans, on 2472, ma’am. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Steans, to the amendment, ma’am.

Yes. This amendment becomes the bill. It amends the Liquor Control Act to expand the definition of an alcopop to include a flavored alcoholic beverage containing stimulants, such as caffeine, guarana, taurine and ginseng. And it has some labeling requirements with that. It’s been agreed to by all parties at this point.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, is there any discussion? Seeing no discussion, Senator Steans moves the adoption of Floor Amendment No. 2 to Senate Bill 2472. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Hunter, on 2476, ma’am. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter, to the amendment, ma’am.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment 1 creates the Commission to Study Disproportionate Justice Impact Act.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Senator Hunter moves the adoption of Floor Amendment No. 1 to Senate Bill 2476. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Lightford, on 2481. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senator Crotty, on 2499. …Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty, to Amendment No. 1, ma’am.

The amendment will become the bill. It mandates coverage for habilitative services for the treatment of children under nineteen years of age with congenital or genetic defects existing at or from birth or a defect acquired at a young age. It also defines habilitative services.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the lady’s amendment? Seeing none, Senator Crotty moves the adoption of Floor Amendment No. 1 to Senate Bill 2499. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir? 63  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Ladies and Gentlemen, I’d ask you to continue on Senate Bills 2nd Reading. We’ll go to your printed Calendar, top -- page 6 -- on the top of page 6. Senator Kotowski, on 2502, sir. Out of the record. Senator Kotowski, on 2505, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) There any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Kotowski, to Floor Amendment No. 1, sir.

Thank you, Mr. President. It’s a pleasure to see you today. Floor Amendment No. 1 to Senate Bill 2505 makes subject to appropriation the requirement for DCFS and residential services providers to develop a performance-based contract model.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Seeing no discussion, Senator Kotowski moves the adoption of Floor Amendment No. 1 to Senate Bill 2505. All those in favor will say Aye. All those 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 opposed will say Nay. The Ayes have it. The amendment’s adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now comes Senate Bill 2506. Senator Kotowski. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Kotowski, to Floor Amendment No. 1, sir.

Thank you, Mr. President. Floor Amendment No. 1 clarifies that the Department of Public Health must make sure that the long-term care facility utilizes the amount of the penalty to implement the directed plan of correction.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Senator Kotowski moves the adoption of Floor Amendment No. 1 to Senate Bill 2506. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 is adopted. Has there been any further Floor amendments approved for -- for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Senator Martinez, on 2532, ma’am. Out of the record. Senator -- Senator Murphy, on 2552, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy, to the amendment, sir.

PRESIDING OFFICER: (SENATOR DeLEO) There any discussion? Seeing no discussion, Senator Murphy moves the adoption of Floor Amendment No. 2 to Senate Bill 2552. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Has there 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senator Frerichs, on 2560. Out of the -- out of the record. Out of the record. Senator Syverson, on 2575, sir. Dave Syverson. Out -- out of the record. Senator Dan Cronin, on 2580, sir. Senate Bill 2580. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Althoff, on 2584, ma’am. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) 67  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Althoff, on the amendment, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing none, Senator Althoff moves the adoption of Floor Amendment No. 2 to Senate Bill 2584. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Is there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Mr. Secretary. 3rd Reading. Senator Trotter, on Senate Bill 2595, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, on Amendment No. 1, sir. 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

Floor Amendment No. 1 was a technical amendment -- or is a technical amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Trotter moves the adoption of Floor Amendment No. 1 to Senate Bill 2595. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, on Floor Amendment No. 2, sir.

Thank you very much. Floor Amendment No. 2 does several things. Mostly, it eliminates the exclusion of City Colleges of Chicago and their retirees from the Illinois Employees Group Insurance Act of 1971. It requires CMS to administer health benefits coverage for retirees and their dependents of the City Colleges of Chicago who previously did not participate in the Community College Health Insurance Security Fund. The amendment establishes a committee to advise the State on programs and necessary adjustments in funding sources. And it prohibits the transfer of funds from the Community College Health Insurance Security Fund by any constitutional officer or legislative body for any other purpose other than the program itself.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing none, Senator Trotter 69  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 moves the adoption of Floor Amendment No. 2 to Senate Bill 2595. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Delgado, on 2596, sir. Mr. Secretary, please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Delgado, on Floor Amendment No. 2, sir.

Mi scusi, Mr. President and Members of the Senate. Floor Amendment No. 2 deletes everything and becomes the bill. As amended, Senate Bill 2596 expands the offense of reckless conduct to include operating a motor vehicle and causing bodily harm to or endangering the bodily safety of a vulnerable user of the public way if the person performs recklessly the acts that 70  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 caused the harm or the endangered safety, and makes it a Class - - A misdemeanor -- Class A misdemeanor. When the reckless conduct causes great bodily harm or permanent disability or disfigurement, it is a Class 4 felony. And I would ask for your support.

PRESIDING OFFICER: (SENATOR DeLEO) There any discussion on the gentleman’s amendment? Seeing none, Senator Delgado moves the adoption of Floor Amendment No. 2 to Senate Bill 2596. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the gentleman’s amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Cronin, in the year -- on Senate Bill 2626, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cronin, to the amendment, sir. 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, the gentleman moves the adoption of Floor Amendment No. 1 to Senate Bill 2626. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Dahl, on 2632. 2632, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Dahl, to the amendment, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the gentleman’s amendment? Seeing none, Senator Dahl moves the adoption of Floor Amendment No. 1 to Senate Bill 2632. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the gentleman’s amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Cronin, on 2733, sir. Please read the gentleman’s bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Cronin, to your amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Any discussion? Seeing no discussion, Senator Cronin moves the adoption of Floor Amendment No. 1 to Senate Bill 2733. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Halvorson, on 2736, ma’am. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Noland, on 2743, sir. Senator Noland. Please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland, to the amendment.

Thank you, Mr. Chairman. The amendment, as enacted, amends the -- the Tax Increment Allocation Redevelopment Act in the Municipal Code -- Illinois Municipal Code. In the definition of redevelopment project costs, includes a fire protection district increased costs attributable to the redevelopment project area. Sets forth a method of calculating amounts to be paid to the fire protection district.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Senator Noland moves the adoption of Floor Amendment No. 1 to Senate Bill 2743. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the gentleman’s amendment is adopted. Mr. Secretary, has there been any further amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Noland, on 2744. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Ladies and Gentlemen, please turn your page to -- your printed Calendars to the top of page 7. We will continue on Senate Bills 2nd Reading. And on the Order of Noland, Senate Bill 2747. Senator Noland. Out of the record. Senator Noland, on 2750, sir. Out of the record. Senator Haine -- excuse me. Senator Noland -- Senator Haine, one moment. Senator Noland, on 2750, sir. Senator Noland.

Please forgive me, Mr. Chairman. I do wish to advance that to 3rd.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. On -- now on the Order of Senate Bill 2750, Mr. Secretary, please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) There been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of Senate Bill 2760, Senator Haine. Senator Haine, do you wish to proceed, sir? He 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 indicates he does. Mr. Secretary, please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, to Amendment No. 1, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an amendment which amends the Illinois Engineering Practice Act, which is scheduled to sunset at the end of 2009. The…

PRESIDING OFFICER: (SENATOR DeLEO) There any discussion? Seeing no discussion, Senator Haine moves the adoption of Floor Amendment No. 1 to Senate Bill 2760. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Bond. 2820. Senator 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Bond. Senator Bond, on 2820, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Bond, on your amendment, sir.

Thank you, Mr. President. The amendment replaces most of the language in the bill. It improves the previously introduced bill. I know of no opposition.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Bond moves the adoption of Floor Amendment No. 1 to Senate Bill 2820. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Cullerton. Senator John Cullerton, on Senate Bill 2824, sir. Mr. Secretary, please read the gentleman’s first bill.

PRESIDING OFFICER: (SENATOR DeLEO) There any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to your amendment, sir.

Thank you, Mr. President, Members of the Senate. This amendment adds to the Pace Board the Commissioner of the Mayor’s Office for People with Disabilities and says that that person cannot be the chairman. Move for its adoption.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton moves the adoption of Floor Amendment No. 2 to Senate Bill 2824. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator John Cullerton, on Senate Bill 2834, sir. Out of the record. Senator Holmes. Senator Linda Holmes, on Senate Bill 2855, ma’am. Do you wish to proceed? She indicates she does. Mr. Secretary, please read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes, on Floor Amendment No. 2, ma’am.

Thank you so much, Mr. President. Amendment No. 2 very simply added AT&T and other telecommunication carriers - their requested language - so they’re not liable for the content of communications.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes moves the adoption of Floor Amendment No. 2 to Senate Bill -- 2855. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes, on Amendment No. 3, ma’am.

Thank you again, Mr. President. Amendment No. 3 was language requested by the Illinois Trial Lawyers, and it was agreed to by AT&T, and it simply added the words “except for willful and wanton misconduct” to the liability language.

PRESIDING OFFICER: (SENATOR DeLEO) Seeing no discussion, the lady has -- seeks -- move the adoption of Floor Amendment No. 3 to Senate Bill 2855. All 80  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Donne Trotter, on 2858. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, to your amendment, sir.

Yes. Floor Amendment -- thank you very much, Mr. President. Floor Amendment No. 1 simply redefines trans fat to leak -- link it to the U.S. Food and Drug Administration’s definition, which basically does not include foods with naturally occurring trans fats or foods with less than .5 percent of trans fat per serving.

PRESIDING OFFICER: (SENATOR DeLEO) Mr. Secretary, are there any further Floor amendments approved for consideration, sir? No. So Senator Trotter moves to adopt Floor Amendment No. 1 to Senate Bill 2858. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for 81  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 consideration…

PRESIDING OFFICER: (SENATOR DeLEO) …besides Floor Amendment No. 1, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator John Cullerton, on 2865, sir. Please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, on Floor Amendment No. 2, sir.

Well, first of all, Mr. President, I’m going to do a favor for the Secretary because I’m going to change the title of the bill in this amendment. So that when we do it on 3rd Reading, it’ll be easier to -- to pronounce. Because Senator Bond asked me if he could name this bill and now he’s claiming it wasn’t 82  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 his idea in the first place. And -- and -- and so, one of the things that this amendment does that I’d like to adopt is to change the title. So it’ll be the Illinois Compassionate Use of Medical Marijuana Pilot Program. That’ll be easier to pronounce for the Secretary. It also makes a change by making it a pilot program. It puts a three-year sunset in. It limits the number of plants that can be possessed, limits the number of -- of ounces that can be possessed. It limits the number of patients who will be eligible. It limits the number of caregivers that people can have and allows for random inspections by the State Police. So it’s a good amendment. I move for its adoption.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, is there any discussion? Seeing no discussion, Senator Cullerton moves the adoption of Floor Amendment No. 2 to Senate Bill 2865. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 2 is adopted. Mr. Secretary, has there been any further amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Continuing on Senate Bills 2nd Reading is Senator Noland. Senator Noland, on 2873. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) 83  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland, to your amendment, sir.

Thank you, Mr. President. Senate Bill 2873, as amended, amends the Illinois Income Tax Act. Makes changes to the calculation of the credit for income tax that is paid by a resident to another state on income tax {sic} that is also subject to the Illinois income tax.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing no discussion, Senator Noland moves the adoption of Floor Amendment No. 1 to Senate Bill 2873. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Noland, on 2874, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) 84  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Noland, on Amendment No. 1, sir.

Thank you, Mr. President. Senate Bill 2874, among other things, as amended, amends the Illinois State Collection Act. Provides that, in the case of any liability referred to a collection agency, any fee charged to the State by the collection agency is considered an additional liability owed to the State.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing no discussion, Senator Noland moves the adoption of Floor Amendment No. 1 to Senate Bill 2874. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the gentleman’s amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Jeff Schoenberg, on 2882, sir. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg, on your amendment, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 deletes the entire bill, as amended, and stipulates that the board of review in counties other than Cook County and the county assessor in Cook may develop reasonable procedures for the valuation of omitted property. Be happy to debate the bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the gentleman’s amendment -- amendment? Seeing none, Senator Schoenberg moves the adoption of Floor Amendment No. 2 to Senate Bill 2882. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Okay, 3rd Reading. Okay, Ladies and Gentlemen, with leave of the Body, I’d ask you to go back to page 3. In the bottom of page 3 -- near the bottom of page 3 is Senate Bill 2nd Reading, 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senate Bill 2128. Senator Cullerton. Senator Cullerton. Mr. Secretary - we skipped over this bill - please read the bill. 2128, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Mr. Secretary. 3rd Reading. Okay, Ladies and Gentlemen, as the Chair indicated earlier, we’ve just completed all the 2nd Readings. We are about to go to House Bills 3rd Reading -- we’ll be going to Senate Bills 3rd Reading. We’ve completed all the 2nd Readings. And we have -- Senator Risinger is seeking recognition. For what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Okay, that request is always in order. Ladies and Gentlemen, the Senate Republicans have asked -- requested a caucus. That order is always -- that request is always in order. It’s the hour of 6 o’clock. We will -- the Senate will stand at ease till call of the Chair. The Senate Republicans will caucus in Leader Watson’s Office. We will return back to the Senate Floor at the hour of 6:20. The Senate stands in recess to the hour of 6:20. (SENATE STANDS IN RECESS/SENATE RECONVENES) 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? We’re about to go to 3rd Reading, substantial Senate action. Will all Members under the sound of my voice please come to the Senate Floor? And will all administrative assistants please send your Senator to the Senate Floor? We’re going to 3rd Reading. And, as you know, we are on the fast track. So, if you want your bills called, I recommend you be on the Senate Floor immediately. This is the final time we’re going through 3rd Readings, so I recommend you call your bills. If you want it called, you come to the Senate Floor. The Republican Caucus is over, so please come to the Senate Floor. Madam Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? The Rules Committee will meet immediately in the President’s Anteroom. The Rules Committee will meet immediately in the President’s Anteroom, and it will be very quick. So all Members come to the Senate Floor. We’re going to substantial business of the Senate, 3rd Reading, immediately after Rules. Will all members of the Rules Committee please come to the President’s Anteroom immediately? Senator John Sullivan in the Chair. (SENATE STANDS AT EASE/SENATE RECONVENES) 88  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR HENDON) Senator Hendon in the Chair. Will all Members under the sound of my voice please come to the Senate Floor? We’re about to go to 3rd Reading in a few moments here - for the last time. Will all Members under the sound of my voice please come to the Senate Floor? Would all administrative assistants please let your Senator know that we are about to go to 3rd Readings for the last time? They need to be at -- on the Senate Floor if you want your legislation called. You know, we’re going to be moving at a brisk pace. It is quarter till seven. Will all Members under the sound of my voice please come to the Senate Floor? Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? We’re about to go to 3rd Reading. Page 7, 89  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 top of the order. Bottom of page 7, top of the order is -- on the Order of 3rd Reading is Senate Bill 786. Senator Schoenberg. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 786 is an initiative of the State Treasurer’s, building on the earlier success of the initial Technology Development Account investment that was started by former Treasurer Topinka. I worked in partnership with Senator Dillard on this matter. That fund is now full. Essentially, this would create a second fund by which up to two percent of the State’s investment portfolio could be invested in a segregated account and that -- the purpose for that fund is to invest in Illinois jobs in the technology sector. This is an initiative that has proven successful in the past. I’m happy to answer any questions.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 786 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 786, having 90  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 received the required constitutional majority, is declared passed. The Chair would appreciate succinct questions and answers to all legislation. Senator Righter, for what purpose do you seek recognition, sir?

PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Senate Bill 801. Senator Link. Senator Link seeks leave of the Body to return Senate Bill 801 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 801. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Thank you, Mr. President. Senate Bill 801 is -- we have Floor Amendment 1, which is -- basically just becomes the -- the bill. It’s about selling and distribution of illegal cigarettes.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Link moves adoption of Amendment No. 1 to Senate Bill 801. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor 91  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Link, on Amendment No. 2.

Thank you, Mr. President. Senate Bill -- or Floor Amendment 2 basically deletes Floor Amendment 1 and it’s agreed- upon language between the retailers and the distributors and keeps in -- most of the language about distribution and the selling of illegal cigarettes.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Pankau.

PRESIDING OFFICER: (SENATOR HENDON) This is on the amendment. On the amendment? He indicates he will yield. Senator Pankau.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Thank you, Senator. I don’t know exactly which -- which disagreements they have right now, but all sides are working together. They are all in concurrence that this should be moved over to the House. They have agreed on the sponsor in the House. Matter of fact, the sponsor is here with us right now who’s going to be carrying it in the House. They’ve agreed on it. They just have a little bit of differences. They will be amending it in the House. It will have to come back over to the Senate for concurrence, but it’s a work in progress right now. I couldn’t tell you exactly what differences they have right now.

PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Senator Pankau.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link moves adoption of Amendment No. 2 to Senate Bill 801. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate 93  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Bill 801. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Thank you, Mr. President. Basically, what this bill does is give Department of Revenue authority to suspend the certification and -- of registration to persons who have been issued a certification of registration and knowingly sell counterfeit or contraband cigarettes. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 801 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? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 801, having received the required constitutional majority, is declared passed. Senator Martinez, for what purpose do you seek recognition?

Thank you, Mr. President, Members of the Senate. I would like for all of us to welcome a great Constitutional Officer, our great Treasurer Alexi Giannoulias.

PRESIDING OFFICER: (SENATOR HENDON) 94  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Welcome to the Illinois Senate, Treasurer Giannoulias. Welcome. Senate Bill 848. Senator Clayborne. Senator Clayborne seeks leave of the Body to return Senate Bill 848 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 848. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

Thank you, Mr. President, Members of the Senate. Senate Bill 858 {sic} allows the Mascoutah School District to issue bonds with an aggregate principal amount not to exceed fifty- five million dollars. Before bonds are issued, voters must approve a proposition for bond issuance at a regular election; the school board must also determine, by resolution, that the new high school building is needed based upon the projected enrollment increase and the age and condition of the existing high school.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, it’s 848. Any discussion? Senator Clayborne moves adoption of Amendment No. 1 to Senate Bill 848. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 848. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

Thank you. I just explained the bill. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing -- Senator -- Leader Watson.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 848 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 848, having received the required constitutional majority, is declared passed. Senate Bill… We’re… Senate Bill 862. 96  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Collins. 862. Out of the record. Senate Bill 871. Senator Haine. Senator Haine. Out of the record. Senate Bill 876. Senator Clayborne. 876. Out of the record. Senate Bill -- Senate Bill -- Senator Clayborne, did you -- 878. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate Bill 878 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 878. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

Thank you, Mr. President. I’ll -- Floor Amendment No. 1 deletes all and becomes the bill. I’ll be happy to explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Hearing none, Senator Wilhelmi moves adoption of Amendment No. 1 to Senate Bill 878. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 878. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 878 amends the definition of renewable energy resources in the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997. Essentially what this bill does is it -- removes the word “heating” and allows for certain technology to be eligible for DCEO grants. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Risinger.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 878 pass. All those in favor, 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? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 878, having received the required constitutional majority, is declared passed. Senate Bill 879. Senator Clayborne. Senator Clayborne seeks leave of the Body to return Senate Bill 879 to the Order of 2nd Reading for the purpose of amendment. 98  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 879. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

Thank you, Mr. President. Senate Bill 879 requires cable operators to treat independently produced programming in a fair, reasonable and nondiscriminatory manner. The bill allows for an independent cable programmer reaching at least one hundred thousand households to request commercial arbitration if it has reason to believe a large cable operator is treating it unfairly. The bill requires cable operators to participate in binding arbitration and includes guidelines for arbitration based upon terms and conditions of carriage.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Clayborne moves adoption of Amendment No. -- this is 3rd Reading. All those in favor will vote Aye. Okay, we’re going to leave 879 on 3rd Reading. 3rd Reading. Senate Bill -- let’s move to the next one. We’re moving -- leaving this on 3rd. No. Leave it on 3rd Reading. 3rd -- it’s going to stay on 3rd Reading. Senate Bill 885. Senator Crotty. 885. Senator Crotty seeks leave of the Body to return Senate Bill 885 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 885. Madam Secretary, are there any amendments approved 99  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

Amendment No. 1 will become the bill.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Crotty moves adoption of Amendment No. 1 to Senate Bill 885. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 885. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

Thank you, Mr. President. Senate Bill 885 clarifies that optometrists are allowed to dispense ocular devices that contain ocular pharmaceutical agents. Because of the advancements in technology, they allow now medication to be directly put into 100  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 contact lenses, eliminating the need for some patients to use eye drops. This legislation would allow optometrists to prescribe those lenses.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 885 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 885, having received the required constitutional majority, is declared passed. Senate Bill 993. Senator Crotty. Senator Crotty seeks leave of the Body to return Senate Bill 993 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 993. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

Thank you very much again. Senate Bill 993 requires that - - the Secretary of State to establish a database of emergency contacts of persons who hold identification cards, driver’s licenses, instruction permits, and any other type of driving permit, that is only accessible to the employees of the Secretary of State and the law enforcement officers. The amendment -- the bill now permits any person holding an 101  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 identification card to be afforded the opportunity to give the Secretary of State the name, the address, phone numbers and relationship to the holder of not more than two emergency contact persons whom the holder wishes to be contacted if there should be an accident.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Bomke.

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty moves adoption of Amendment No. 1 to Senate Bill 993. All in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 993. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

Thank you very much. And I as I just stated on the amendment, that becomes the bill. And I would ask for an Aye 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 vote.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 993 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? Take the record. On that question, there are 59 voting Aye, none -- 59 voting Aye, 9 -- none voting Nay, none voting Present. Senate Bill 993, having received the required constitutional majority, is declared passed. Senate Bill 1106. Senator Trotter. 1106, sir. Out of the record. Senate Bill 1867. Senator Halvorson. Out of the record. Senate Bill 1908. Senator Maloney. Senate Bill 1938. Senator Hunter. Senator Hunter seeks leave of the Body to return Senate Bill 1938 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1938. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment 2, as amended, requires the Department of Healthcare and Family Services to -- to develop a cost- reporting mechanism for community-based mental health service providers -- services provider with a combined Medicaid, poverty, and uninsured patient population rate of sixty percent or greater. And that’s it. 103  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, Senator Hunter moves adoption of Amendment No. 2 to Senate Bill 1938. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1938. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

I just explained the bill. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1938 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 1938, having received the required constitutional majority, is declared passed. ABC Channel 20 seeks leave to videotape. Leave is granted. Leave is granted. Senate Bill 1958. Senator 104  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Clayborne. Madam -- Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

Thank you, Mr. President. Senate Bill 1958 amends the Illinois Municipal Retirement Fund Article to provide that separation benefits include at least fifty percent of the prescribed interest yearly from the date of enrollment to the date of termination of participation. This is done to bring IMRF in line with SURS and Chicago Municipal, where it’s required to provide a yearly interest return of 7.5 to ten percent. So, we’re trying to bring them in line and allow -- and IMRF is mandatory, so if someone decides to separate, we would like to -- IMRF would like to pay them interest -- half of the interest.

PRESIDING OFFICER: (SENATOR HENDON) Is there any -- is there any -- discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne. 105  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

Yes.

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

They currently would get zero. Under this, they would get 3.75, half of the yearly required interest.

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

Zero -- .05 percent of payroll.

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

That’s how I understand it. The total amount based upon last year, last year would be three million dollars.

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.

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

Thank you. Just -- just the difference, SURS does offer this and Municipal -- Chicago Municipal. The difference is, IMRF is mandatory that you join, and all we’re saying is that they’re required to get a return of seven and a half to ten 107  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 percent from their investors. So, all we’re saying is, you get half of that interest back from the time you joined. I would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 1958 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? Take the record. On that question, there are 39 voting Aye, 17 voting Nay, 2 voting Present. Senate Bill 1958, having received the required constitutional majority, is declared passed. Senate Bill 1959. Senator Clayborne. Out of the record. Oh! Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

Thank you. Again, this is another initiative of -- of IMRF. Senate Bill 1959 amends the Illinois Municipal Retirement Article to increase the amount of the annual thirteenth check or supplemental benefit paid to IMRF annuitants. Basically, when this was agreed to over fifteen-some years ago, instead of an annual COLA, they would give a thirteenth check to make up for not getting a -- a COLA. So, all we’re trying to do is to extend that and allow that thirteenth check to be paid.

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Brady. 108  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Brady.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, what is -- will it cost the employers?

.86 percent of payroll statewide.

PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

Yes. Yes.

PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.

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

Thank -- thank you. I -- I misstated a little bit. The purpose of this was originally agreed to by the municipalities and the -- and the municipal leagues and IMRF. And the purpose was to make sure that the thirteenth check was always at ninety percent of the regular monthly benefit. And as a result of the -- the inflation, that amount has been reduced to about seventy- five percent. So we’re trying to get that thirteenth check back up to where we originally agreed to for the -- for the annuitants. Again, IMRF is currently one hundred percent funded and this is an initiative of the board of IMRF. I would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1959 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 40 voting Aye, 16 voting Nay, 3 voting Present. Senate Bill 1959, having received the required constitutional majority, is declared passed. Senate Bill 1960. Senator Clayborne. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) 110  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Clayborne.

Again, this is another initiative of IMRF. And what they’re doing is, they’re looking to allow people to vest, move the vestment time in the pension from eight years down to five years. The purpose of this -- and this is currently done by Downstate Teachers, Chicago Park District, Chicago Teachers, Metropolitan Water Reclamation District, the General Assembly Retirement System. So, basically, what we’re trying to do is, as I understand it, that they are getting employees who -- who are questionable whether they will come and work for an IMRF employer because they know they may not vest. In this case, they’re saying that they will be able to attract some of the best and brightest employees. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Brady.

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

111  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Again, this is -- this is an initiative of IMRF who currently is one hundred percent funded and they believe that this would help the employers of IMRF continue to attract the best and the brightest to -- to their -- to their employment.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1960 pass. All those in favor, 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? Take the record. On that question, there are 37 voting Aye, 16 voting Nay, 3 voting Present. Senate Bill 1960, having received the required constitutional majority, declared passed. Senate Bill 1985. Senator Raoul. Senator Raoul seeks leave of the Body to return Senate Bill 1985 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1985. Mr. Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

Floor Amendment No. 2 becomes the bill. I’ll explain it on 3rd.

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski, on the amendment, sir? Senator Raoul moves adoption of Amendment No. 2 to Senate Bill 1985. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor 112  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1985. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1985, as amended, corrects a longstanding inequity in the Illinois State employees’ pension system and is voluntarily supported by the State Employees’ Retirement System. The bill removes the Social Security offset for widows and survivors who began receiving benefits before 1998. It also allows State employees who retired after 1998, existing employees and new hires to be given a choice to direct a percentage of their monthly annuity to remove the Social Security offset from widow’s and survivor’s benefits.

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) 113  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 He indicates he will yield. Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

I -- I appreciate your question, as it -- as it allows me to say what I was about to say. Indeed, we had that conversation in committee and the -- the Floor -- the -- the amendment that was presented to me right before committee and it -- it indicated that, as it is right now, it is not cost-neutral at -- at a voluntary contribution of -- of one percent. Because of the deadline we have, we -- we’re -- we’re going to amend the bill in the House to make it cost-neutral. And to -- so they’re going to figure out exactly what that is and -- and then it’ll be brought back.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Bomke.

PRESIDING OFFICER: (SENATOR HENDON) I’m -- I’m sorry, Senator Bomke. Senator Burzynski, I 114  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 didn’t -- I didn’t see you. Senator Burzynski, with a follow- up, then I’ll come to Senator Bomke. Sorry, sir.

PRESIDING OFFICER: (SENATOR HENDON) Thank you, sir. Senator Bomke.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

The figure that I have is a 109.7 million. And again, we’re going to be working to -- to get this, again, cost- neutral, by playing with the voluntary contribution number.

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

It’s the System itself.

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen. 116  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Raoul. And we need to pick up the pace here. Senator Raoul.

Yeah. I -- I have actually a witness slip from somebody from the State Employee Retirement System, slipping it as a proponent.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1985 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 56 voting Aye, 1 voting Nay, 1 voting Present. Senate Bill 1985, having received the required constitutional majority, is declared passed. Senate Bill 1988. Senator Harmon. Senate Bill 2002. Senator Haine. Senator Haine seeks leave of the Body to -- to return Senate Bill 2002 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2002. Mr. Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine. 117  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This amendment grew out of a discussion on the Floor with Senator Syverson. I withdrew the bill from the record and we worked out a lower threshold for their employees - - I’m sorry, a higher threshold for the percentage of employees, which is lower than required now. But after discussion with Senator Syverson, it seemed to be acceptable to everyone to avoid adverse selection.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Haine moves adoption of Amendment No. 2 to Senate Bill 2002. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2002. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

This is -- thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative of the Illinois 118  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Association of Rehabilitation Facilities. These are people who contract primarily with the State. They include units of local government, school districts, rehabilitation facilities, child advocacy centers, to allow to enroll in the State pool if fifty percent of their employees are -- are eligible. The -- the program is underwritten by the -- by the group based on those who actually enroll and their history.

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator…

There’s no opposition.

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2002 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 2002, having received the required constitutional majority, is declared passed. Senate Bill 2033. Senator Koehler. Senator Koehler seeks leave of the Body to return Senate Bill 2033 to the Order of 2nd Reading for the purpose of amendment. Hearing 119  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2033. Mr. -- Mr. Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

Yes. Thank you, Mr. President. This retains the bill as amended, but the amendment is to allow Peoria County, by ordinance, to propose an establishment of an economic development project area with certain criteria - retaining or creating no less than two hundred and fifty full-time jobs and an investment of not less than fifteen million dollars.

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Burzynski, on the amendment, sir.

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler moves adoption of Amendment No. 3 to Senate Bill 2033. All those in favor, say Aye. Opposed, say Nay. The -- the Ayes have it, and the amendment is adopted. Now on the Order of 3rd Reading is Senate Bill 2033. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

Yes. Thank you, Mr. President. This bill amends the Counties Code in the Section of stormwater management to allow Peoria County to have the power to manage and mitigate the effects of urbanization on stormwater drainage. The amendment permits the county board to adopt a schedule of fees as necessary to mitigate the excessive -- to mitigate the excessive effects of stormwater runoff and allows the county board to levy a property tax of not more than .2 percent of the value assessed or equal evaluation by the Department of Revenue. Let me just also mention that this is a bill that Senator Risinger and I have worked on for quite some time. There are still some questions by the City of Peoria that we’re going to address when this goes over to the House. I’ll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

Yes. The -- this would be -- yes, this would be a -- a -- a -- a tax on the people of the -- of the County of Peoria.

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

We’re looking right now, but I -- I -- I’m assuming that that’s with the developers and the -- the builders that would be involved in certain projects.

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) All right. Senator Koehler.

The developers are exempt from those fees.

PRESIDING OFFICER: (SENATOR HENDON) 122  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) Senator -- okay, we’re trying to get that information for you. Senator Koehler. Senator Koehler.

I don’t have an answer to that question.

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

Senator, I know that part of the negotiations were that the -- the developers specifically would not pay the fees. And I’m sorry, I don’t have the answer to this question. I will guarantee you this, since it has to be amended as well, we will address that when it goes over to the House.

PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger. 123  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

There’s -- there’s a very specific plan in place in the southern part of the county around Mapleton, which -- which is the site of the -- of a Caterpillar plant that’s not being used anymore. It’s for a biodiesel facility. So that’s already underway. Just to give you a little more background, this -- this operation is ready to go. They are waiting for the capital 124  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 bill to be passed, because there is money in there for this kind of development. They are ready to go and they can’t wait. So this has been something that has been suggested to us by the county as a way of getting this multimillion-dollar project up and running.

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) Thank you, sir. Further discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) 125  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Koehler.

What -- yes. What is provided for in this legislation -- and this, quite frankly, needs to be worked on. I -- I apologize for this. But it -- it -- it allows fees to be -- allows fees for those identified in the county plan, and that’s all it says. And that -- that is very vague and I will agree that we need to tighten that up and get that clarified. I’m sorry this is so vague.

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

Yes. I will agree that this is confusing and this was the negotiation that took place between the -- the county and between the developers. I will give you my word on this, that this will be addressed, in addition to the other amendments that 126  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 are needed, in the House.

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to the bill, sir.

PRESIDING OFFICER: (SENATOR HENDON) I would appreciate it if you would, my friend.

PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger, for a second time.

PRESIDING OFFICER: (SENATOR HENDON) 127  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Koehler, to close.

Yes. Thank you for your indulgence on this, my fellow Senators. There’s a -- a companion bill on this coming over from Representative Schock. We will work on that when it comes here. He has already agreed, along with Representative Leitch, to work on this over there. So we will get another look at this. And I appreciate your consideration.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2033 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Aye, 16 voting Nay, none voting Present. Senate Bill 2033, having received the required constitutional majority, is declared passed. Senate Bill 2052. Senator Haine. Senator Haine seeks leave of the Body to return Senate Bill 2052 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2052. Mr. Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Following in the direction of water, this is a levee bill. And this Amendment No. 3 is the result of extensive talks 128  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 with the Farm Bureau concerning enshrining in the law that we propose some specific responsibilities that are -- that are not to be preempted by the -- the Flood Prevention District Board in relation to the ongoing operations and maintenance of the levees and drainage districts. It also requires a member of the levee -- of this new flood prevention district board to live in the bottomland, and there’s some other language too.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Haine moves adoption of Amendment No. 3 to Senate Bill 2052. All in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2052. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) Is there any -- I mean, Senator Haine.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill has grown out of a critical situation that affects the Metro East of St. Louis. It is a situation where FEMA, the federal agency FEMA, has come in and, after studies, 129  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 have indicated they’re going to decertify our federal levees, our -- our levee system, which runs from Alton - my hometown - all the way down through Columbia. And this levee system was constructed sixty/seventy years ago. There’s significant problems with underwater -- or underseepage. There is a concern about the immediate effect of a decertification which requires everyone to have flood insurance. It prohibits new building. It can raise problems for developers, causing an economic depression in the future of our area if we’re on a map that goes out nationwide saying our area is in a flood-hazard zone. That’s number one. Number two is, if we get another flood like 1993, where the Mississippi was at the top of these federal levees, and these levees are breached, it’s all over for us. It’s all over for the entire Metro East. It’ll be a devastating occurrence that will destroy our economic base for the next fifty years. What I’m proposing here is to have a new entity, only in Madison, St. Clair, Monroe counties. This -- this new entity is called a flood prevention district board, unpaid board. It -- it will be able to hire a -- an engineer to begin the task of rebuilding these levees and reconstructing the flood prevention systems. It does that through the imposition of a quarter-cent tax. This tax will be ratified by the county board. As a result of -- of long and several discussions with Minority Leader Watson, this has been made a better bill. The county board is intimately involved in a check and balance system which…

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, you have a thousand lights lit, so you’ll have ample opportunity to discuss this bill. I’m not trying to 130  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 be rude, but I have orders from the President to move the business forward. Leader Watson.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Risinger.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) 132  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Haine.

Thank you, Senator. The answer is yes. The reason is the timing. These maps may come out in June and -- and if -- and if we did have a referendum and people go in and, for one reason or another, thinking it’s a -- they’re just against all taxes, or they think the feds ought to do it, or they think somebody else ought to do it and it’s voted down, then we’re done.

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

Yes, Senator, that is correct. And the reason for that is the county board is the -- is the collective body making up the representatives of the taxpayers. This is designed as a prophylactic to present -- to prevent an onerous situation. I beg your pardon. Is this the Illinois Senate? But -- but the - 133  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 - this is to prevent an onerous demand for documents, or whatever, since the county board would have to filter it. The county board has -- has been given, under this bill, several roles. One of which is to approve any tax increase, approve any construction contract. So it’s got extensive powers under this, because these are people that run for office. This will be an open, transparent system. As to the drainage districts, we -- we are not -- the farmer -- the Farm Bureau came in with an amendment, which by and large we adopted except for point number four, which we couldn’t adopt because we didn’t have the engineering capability to -- to do it. But it says that the sanitary and drainage district’s traditional duties will not be usurped by this commission. And when this -- this job is done, when these levees are reconstructed according to the Corps of Engineers’ standards and FEMA, and the tax is paid off, this commission sunsets, goes out of business, folds its tent and goes home. There’s no plan to stick around and take over the drainage district functions. The drainage districts…

PRESIDING OFFICER: (SENATOR HENDON) Senator…

Okay.

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.

Yes, Senator, does this comply with the Prevailing Wage Act?

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine. 134  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

Yes, Senator Forby. I appreciate the question. Yes. There’s -- nothing in this bill could be construed as not requiring the Prevailing Wage Act.

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

I, too -- thank you, Mr. -- I have -- Mr. President, I have a comment. I, too, commend Senator Haine for moving this forward. As -- as Senator Watson said, this is very important to the Metro East area in terms of saving lives potentially with the breach of a levee. Also, economic challenges that -- in -- in my area we already have, and if these levees are decertified, then as Senator Watson said, we’ve already lost businesses due to the potential of these levees being decertified. I would definitely ask for your -- favorable support, because this is very meaningful for economics, for safety, as well as making sure we do the right thing for those in the Metro East.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

…true, Senator, but the economics, if we go -- if -- if we are decertified or, God forbid, if the -- if the Mississippi River breaches our federal levee system, it will be -- it will affect the economy of this -- this State. That is true. And the drainage districts are not capable -- they didn’t build these levees in the first place; the federal government did. So the -- the -- the engineering requirements are going to be with this specialized board, which will sunset, go away, fold their tent and go home, and take the tax off too.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2052 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 41 voting Aye, 15 voting Nay, none voting Present. Senate Bill 2052, having received the required constitutional majority, is declared passed. Senate Bill 2085. Senator Silverstein. Senator Silverstein seeks leave of the Body to return Senate Bill 2085 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2085. Madam Secretary, are there any amendments approved for consideration? Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 136  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Silverstein.

Thank you, Mr. President. I’ll make it fast. Floor Amendment No. 3 amends the Metropolitan Transit Act by requiring that written notice to the Authority be within one year, as opposed to six months, from the date of the injury. The proposed amendment, which will become the bill, requires that it applies to causes of actions that accrue on or after the date of the -- of this Act.

PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion? Senator Murphy. It’s on the amendment. Seeing no discussion on the amendment, Senator Silverstein moves that we adopt -- the adoption of Amendment No. 3 to Senate Bill 2085. 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 HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2085. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Silverstein.

137  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Again, the amendment became the bill. I’ll take any questions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Murphy.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any other discussion? Seeing none, the question is, shall Senate Bill 2085 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? Take the record. On that question, there are 57 Yeas, none voting Nay, 1 voting Present. And Senate Bill 2085, having received the required constitutional majority, is declared passed.

PRESIDING OFFICER: (SENATOR HENDON) Senator Hendon in the Chair. Senate Bill 2090. Senator Garrett. Senator Garrett. Senate Bill 2097. Senator Wilhelmi. Senate Bill 2105. Senator Clayborne. Senate Bill 2110. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate Bill 2110 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2110. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

Thank you, Mr. President. Floor Amendment 3 deletes all and becomes the bill. I’ll be happy to explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Wilhelmi moves adoption of Amendment No. 3 to Senate Bill 2110. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2110. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2110 establishes the Uniform Environmental Covenants Act. The bill creates a uniform agreement called an “environmental covenant” to ensure a rehabilitation plan for contaminated real estate. These voluntary agreements can be 139  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 entered into by State agencies, property owners and businesses to provide for the remediation of contaminated sites. And as a point of legislative intent, if you’ll allow me please, quickly: When this bill was being negotiated, some concerns were raised about the ability of an environmental agency to waive the participation of owners. I’ve been asked to make it clear on the record that this waiver is only intended to apply in situations where there are multiple joint owners and one of the owners cannot be found. As part of the negotiations, the agency and affected private interests have discussed this provision and are comfortable with and in agreement as to its intent. I’d be happy to answer any questions.

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

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2110 pass. All those in favor, vote Aye. Opposed, vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 2110, having received the required constitutional majority, is declared passed. Senate Bill 2111. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate Bill 2111 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2111. Madam Secretary, are there any amendments 140  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

Thank you, Mr. President. Again, the amendment becomes the bill. I’ll be happy to explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Wilhelmi moves adoption of Amendment No. 1 to Senate Bill 2111. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2111. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

…Mr. President. Senate Bill 2111 amends the Administrative Review Law by maintaining the intended purpose of the underlying bill, which is to relax the burden on a person challenging a 141  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 final decision to -- to demonstrate that he or she is indeed a party to the decision. To that end, the bill requires that the court give the plaintiff thirty-five days to add an agency or a party and serve the unnamed agency or party as a defendant. This is a bill that we believe is important to make sure that plaintiffs don’t lose the right to bring in defendants. I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2111 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? Take the record. On that question, there are 58 voting -- 59 voting Aye, none voting Present -- none voting Nay, none voting Present. Senate Bill 2111, having received the required constitutional majority, is declared passed. Senate Bill 2112. Senator Koehler. Senator Koehler seeks leave of the Body to return Senate Bill 2112 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2112. Madam Secretary, are there any amendments approved for consideration?

SPRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

Yes. Thank you, Mr. President. Actually, the amendment becomes the bill and I’ll be happy to talk -- about it on 3rd. 142  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Koehler moves adoption of Amendment No. 1 to Senate Bill 2112. All those in favor, say Aye. Opposed will say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2112. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

Yes. Thank you, Mr. President, Members of the Senate. Actually, what we’ve done here is, I think, create a -- a much better and tighter control in this, but this is the -- a bill that creates a spousal care giver demonstration project which -- under which eligible spouses of clients within the Home Services Program will be reimbursed for providing care to his or her spouse. By July 1st, 2008, DHS will work, in consultation with -- HFS, to create a demonstration project according to the criteria as outlined in the bill. Further, on March 1st of 2009, DHS will make an interim report to the General Assembly and the Governor about the implementation of the project. And 143  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 finally, on March 1st, 2010, DHS shall again report on the findings and recommendations of demonstration project -- how it was implemented. Quite frankly, this is a -- a bill that has caught a lot of attention. It came to me because of a family in East Peoria. The -- the husband has ALS, the -- the wife is in a situation where she cannot work, cannot provide any outside income. In Senator Risinger’s district, it’s even more profound. There was a -- a gentleman with ALS. The caregiver, who he eventually married, once they got married, all of a sudden, could not receive any reimbursement. This demonstration project creates some parameters on this so that we can tell exactly what the impact of this will be. But I’m open for questions and I would appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2112 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? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2112, having received the required constitutional majority, is declared passed. Senate Bill 2113. Senator Radogno. Senator Radogno seeks leave of the Body to return Senate Bill 2113 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2113. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Radogno moves adoption -- adoption of Amendment No. 3 to Senate Bill 2113. All those in favor will -- will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2113. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2113 pass. All those in favor, 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? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 2113, having received the required constitutional majority, is declared passed. Senate Bill 2118. Senator Raoul. Madam Secretary -- Senator Raoul seeks leave of the Body to return Senate Bill 2118 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2118. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

Thank you, Mr. President. Floor Amendment 1 retains Senate Bill 2118 as introduced and adds a provision allowing the court to toll the running of the forty-hour time period within which a minor must be brought to a shelter care or detention hearing upon the motion of counsel for the minor.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Raoul moves 146  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 adoption of Amendment No. 1 to Senate Bill 2118. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2118. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

Thank -- thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2118, as -- as amended, allows for -- where a petition to detain a minor or a petition to place a minor in shelter care is filed, requires the court to appoint legal counsel for the minor. It also provides that the detention or shelter care hearing may not be held until the minor has adequate opportunity to consult with counsel. I ask your support.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2118 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 147  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 2118, having received the required constitutional majority, is declared passed. Senate Bill 2129. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate Bill 2129 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2129. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

Thank you, Mr. President. Floor Amendment No. 1 deletes all and becomes the bill. And I’ll be happy to discuss it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Wilhelmi leaves -- moves adoption of Amendment No. 1 to Senate Bill 2129. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2129. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

Thank you, Mr. President. Senate Bill 2129 is an initiative of JULIE. The bill amends the Act to make it consistent with language already included in the excavator’s handbook regarding damage prevention to underground utility facilities. It contains guidelines for the use of State-Wide One-Call Notice System by excavators, designers and owners of underground utility facilities. I know of no opposition and I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2129 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 2129, having received the required constitutional majority, is declared passed. Senate Bill 2948. Leader Watson. I’m sorry, 2148. Leader Watson. Madam Secretary, read the Leader’s bill.

PRESIDING OFFICER: (SENATOR HENDON) 149  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Leader Watson.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2148 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 2148, having received the required constitutional majority, is declared passed. Senate Bill 2158. Senator Risinger. Senate Bill 2231. Senator Harmon. Senator Harmon seeks leave of the Body to 150  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 return Senate Bill 2231 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2231. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

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

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Harmon moves adoption of Amendment No. 1 to Senate Bill 2231. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill -- 2231. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

151  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2231 amends the Liquor Control Act to permit liquor to be served at Triton College and Kennedy-King College, two community colleges with notable culinary programs. I’m not aware of any opposition and I ask for your Aye votes.

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2231 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 54 voting Aye, none voting Nay, 2 voting Present. Senate Bill 2231, having received the required constitutional majority, is declared passed. Senate Bill 2232. Senator Cullerton. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

152  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Thank you, Mr. President, Members of the Senate. This bill amends the Illinois Right of Publicity Act, which we passed back in 1998. It’s facing some challenges because of some court rulings. So what this bill would do to -- would be to diminish the scope of the Act’s protection if we don’t pass this. So what we’re doing here is that we’re, first of all - doing three things - we’re making it clear that the Act applies to every deceased person, not just those who died after the effective date of the Act. Secondly, a person’s will or trust is still effective to transfer these rights to intended beneficiaries and trustees even if the will or trust was created prior to the effective date of the Act. And finally, the companies -- we’re making it clear the companies do not violate the Act merely by licensing media, such as photographs or -- or for footage, for uses which are permitted under the Act. Be happy to go into it further if there’s any questions.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2232 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 1 voting Nay, none voting Present. Senate Bill 2232, having received the required constitutional majority, is declared passed. Senate Bill 2254. Senator Haine. Senator Haine seeks leave of the Body to return Senate Bill 2254 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2254. Madam Secretary, are there any amendments approved 153  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 3 is the result of negotiations between the Prisoner Review Board, in -- particularly Jorge Montes, the Chairman, and Mr. Findley, Craig Findley, a member, and the -- and representatives of the Cook County State’s Attorney, Mr. Richard Devine. This is the result. And it establishes procedures for only C-numbered prisoners in order to take up their claims that they should be released on parole. These are prisoners charged with heinous and brutal murders, by and large, that occurred before 1978 or the implementation of the Class X law.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Haine moves adoption of Amendment No. 3 to Senate Bill 2254. All those in favor will say Aye. Opposed will say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2254. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

This is a -- a victim’s rights bill. It -- it is the final product. It’s supported by the Prisoner Review Board, which wants to make sure that the -- that these victims are treated with respect and -- and proper care if they present their petitions against the petition of the murderer to be released…

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2254 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2254, having received the required constitutional majority, is declared passed. Senate Bill 2256. Senator Cullerton. Senator Cullerton seeks leave of the Body to return Senate Bill 2256 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2256. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 155  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Cullerton.

Thank you, Mr. President, Members of the Senate. This was passed by the -- by the Executive Committee today. It just gives a definition of jurisdiction for the Human Rights Act as it relates to a place of education. Move for its adoption.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Cullerton moves adoption of Amendment No. 1 to Senate Bill 2256. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2256. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Is there any -- Senator Cullerton.

Thank you -- thank you, Mr. President, Members of the Senate. This bill deals with the Illinois Human Rights Act. And last year, what we did was to pass a bill that updated the definition of public accommodations to conform with the definition which was used in the ADA, the -- the federal law, 156  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 that it already applied to Illinois public accommodations. What we did last year was to define elementary and secondary locations -- or -- or educational locations, and we thought we were too broad with that. So what this bill does is to limit the jurisdiction to: the denial of access to facilities, goods, or services; harassment, bullying, or similar acts against an individual; or failure of a covered entity to take corrective action to stop harassment. We did, in committee, indicate that we would look to a potential amendment in the Senate {sic} to define bullying. Other than that, I don’t think there was any opposition and hope we would vote Aye.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2256 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 2256, having received the required constitutional majority, is declared passed. Senate Bill 2275. Senator Cullerton. Madam Secretary -- Senator Cullerton seeks leave of the Body to return Senate Bill 2275 to the Order of 2nd Reading for the 157  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2275. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

Oh, yes. Thank you, Mr. President. This is a technical amendment that adds two members to the Illinois Juvenile Jurisdiction Task Force. Move its adoption.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Cullerton moves adoption of Amendment No. 4 to Senate Bill 2275. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2275. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

158  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Thank you, Mr. President, Members of the Senate. This is a very important bill. We have actually passed this bill in a different version in the past, but we’ve made some changes to accommodate some people who were concerned about the cost. What the bill does is to raise the age to bring seventeen-year-olds into the juvenile court for misdemeanor offenses only and we did change the effective date to January 1st, 2010, so as to alleviate -- or give counties who feel that this would cost more some time to prepare for it. It does also set up a task force to look at whether or not we should, in the future, make felonies be included as well. Of course, violent offenses are not covered. We believe it has minimum fiscal impact. We thought, from a policy standpoint, we should treat all children the same. These are juveniles that are still in school, most are living at home under the control of their parents, and we should treat ‘em that way. Basically, graduation from high school is usually deemed to be the part where someone starts to enter adulthood and we think that this makes sense. And again, as I said, it only applies to misdemeanors and we delayed the effective date, and I have reasons to believe that the cost would be very minimal. So I would be happy to answer any questions, but it is an important public policy choice. I got to tell you that we got support even from out in DuPage County. Robert Schillerstrom, the Chairman of the DuPage County Board, said that…

PRESIDING OFFICER: (SENATOR HENDON) Thank…

…current laws… 159  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Questions. Senator Millner.

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton, to close.

Yes. Thank you. I think that they’re only against it -- not because they think it’s not a good idea, but they think it’ll cost more. I think those costs are exaggerated; that’s why we made it only misdemeanors and delayed the effective date. So I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2275 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 42 voting Aye, 15 voting Nay, none voting Present. Senate Bill 2275, having received the constitutional majority, is declared passed. Believe it or not, Ladies and Gentlemen, we’re about to pick up the pace. Senate Bill 2285. Senator Cullerton. Senator Cullerton seeks leave of the Body to return Senate Bill 2285 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd 160  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Reading is Senate Bill 2285. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

Floor Amendment… Technical amendment.

PRESIDING OFFICER: (SENATOR HENDON) It’s a technical amendment. Is there any discussion? Seeing none, Senator Cullerton moves adoption of Amendment No. 2 to Senate Bill 2285. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

On 3rd Reading. This is another good bill, comes from the Uniform Law Commissioners to remedy deficiencies…

PRESIDING OFFICER: (SENATOR HENDON) I’m sorry, Senator Cullerton. 3rd Reading. There any further Floor amendments approved for consideration? Now on the Order of 3rd Reading is Senate Bill 2285. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

Thank you, Mr. President. This is a bill from -- comes from the Uniform Law Commissioners to remedy deficiencies when - - when -- when disasters occur, like happened in Hurricane Katrina and Rita, ‘cause not every state automatically recognizes the out-of-state licenses that occur during emergencies. Prior to this bill, no uniform or well-understood system existed to effectively link private and public sector. We do have some language that we worked out with the Trial Lawyers and the Medical Society to make change in the Act to conform to Illinois existing -- current Illinois existing law. And the changes to the Good Samaritan Act were deleted because we believe the Good Samaritan Act already covers disaster volunteers, such as physicians who are licensed in Illinois or any other state. And with these changes, we’re able to welcome volunteer health professionals to help with a disaster and provide civil immunity.

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 2285 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2285, having received the required constitutional majority, is declared passed. Senate Bill 2293. Senator Maloney. Madam 162  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.

Thank you, Mr. President. Senate Bill 2293 requires that contracts for purchase of suppliers -- raises the threshold from ten to twenty-five thousand dollars for school boards, community colleges, City Colleges of Chicago. We’ve done this for libraries, park districts, forest preserves. The last time the threshold was raised was 1992, and I might add that this is permissive. The third component of the bill, it allows public schools to move from a commodities - Chicago public schools - from a commodities-based contract to a service-based contract in procurement of their meals.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2293 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 57 voting Aye, 1 -- none voting Nay, 1 voting Present. Senate Bill 2293, having received the required constitutional majority, is declared passed. Senate Bill 2305. Senator Cullerton. Out of the -- out of the record? Out of the record. Senate Bill 2329. Senator Brady. Senator Brady, sir. Madam Secretary, read the 163  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2329 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? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2329, having received the required constitutional majority, is declared passed. Senate Bill 2332. Senator Schoenberg. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) …Schoenberg. 164  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2332 is an initiative of State Comptroller Dan Hynes. It establishes a Revenue Estimating Council that provides representation that offers a verifiable and certifiable revenue estimate each year by which we can make our budgetary projections. I’ll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2332 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 2332, having received the required constitutional majority, is declared passed. Senate Bill 2344. Senator Wilhelmi. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

Thank you, Mr. President. I’m sorry. Thank you, Mr. President. Senate Bill 2344, as amended, makes -- repeals the State Surplus Property Revolving Fund. Excuse me, Senate Bill 2344 repeals the State Surplus Property Revolving Fund as of October 1st, 2008, and requires that any balance in the fund as 165  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 of that date is to be transferred into the Facilities Management Revolving Fund. The bottom line is we’re merging two funds and it’ll be more efficient that way. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2344 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. Senate Bill 2344, having received the required constitutional majority, is declared passed. Senate Bill 2349. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate Bill 2349 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2349. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

Thank you, Mr. President. Floor Amendment No. 2 is offered to address concerns raised that -- that the liability limitations of Floor Amendment 1 could be misconstrued to protect intentional misconduct.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Wilhelmi moves adoption of Amendment No. 2 to Senate Bill 2349. All 166  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 those in favor will vote Aye -- will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

Thank you, Mr. President. Floor Amendment No. 4 is offered to address concerns raised by members of the Senate Judiciary- Criminal Law Committee about the overbreadth of the bill as introduced. I’ll be happy to talk about it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Wilhelmi moves adoption of Amendment No. 4 to Senate Bill 2349. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2349. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) 167  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Wilhelmi.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2349 clarifies that the offenses of unlawful sending of a public conveyance ticket to a minor and solicitation to meet a child require that the action be taken for an unlawful purpose in order to be a violation. The bill also eliminates the separate offense of manufacturing child erotica and expands the offense of posting identifying information on a pornographic -- Internet site to include placing or maintaining on an adult obscenity or child pornography Internet site an image of a clothed minor that is posed in a suggestive manner with the focus or concentration of the image is the child’s clothed genitals, the child’s pubic area, the child’s buttocks or, if the child is female, the breasts.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2349 pass. All those in favor will say {sic} Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 2349, having received the required constitutional majority, is declared passed. Senate Bill 2354. Senator Raoul. Senator Raoul seeks leave of the Body to return Senate Bill 2354 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2354. Madam Secretary, are there any amendments 168  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

Thank you, Mr. President. Floor Amendment 3 retains Senate Bill 2354 as amended by Committee Amendment 1 and 2 and provides that if a court finds it’s an immediate and an urgent necessity for the protection of the minor that the minor be placed in shelter care, detention, or foster care, there’s a rebuttable presumption that the court’s findings comply with the criteria set for in the underlying bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Senator Raoul moves adoption of Amendment No. 3 to Senate Bill 2354. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate 169  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Bill 2354. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2354, as amended, provides that for a minor determined to be in need of care away from home - in foster care, shelter care, or detention - the bill requires the court to order the removal because the minor’s home cannot provide the quality of care or level of support and supervision that the minor needs at the -- at that time.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate… I’m sorry, Senator. Senator Raoul.

I’d like to indicate that there -- the Juvenile Justice Institute has some issues and this bill will be coming back to the Senate once it’s amended in the House.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2354 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 5 voting Nay, none voting Present. Senate Bill 2354, having received the required constitutional majority, is 170  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 declared passed. Senate Bill 2362. Senator Cronin. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2362 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? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2362, having received the required constitutional majority, is declared 171  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 passed. Senate Bill 2369. Senator Garrett. Senate Bill 2375. Senator Forby. Senate Bill 2396. Senator Cullerton. 2396, sir. 2396. Madam Secretary -- Senator Cullerton seeks leave of the Body to return Senate Bill 2396 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2396. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

Thank you, Mr. President, Members of the Senate. Changes one reference to the fees charged to recipients of restricted driving permits to track with the other changes that -- to that same fee, to thirty dollars.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Cullerton moves adoption of Amendment No. 1 to Senate Bill 2396. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2396. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

This is the Secretary of State’s bill. Expands the use of restricted driving permits issued by the Secretary of State to allow the transportation of children to school and daycare. It also adjusts the fees charged recipients of restricted driving permits to track the fees imposed for judicially ordered monitoring device driving permits. I’d be…

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator -- Leader Watson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

Yeah. I think you got the bill wrong. I think it was Senate Bill 300.

PRESIDING OFFICER: (SENATOR HENDON) Leader Watson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

No. I -- I -- I thought I did. Yes, we did pass a bill. It was Senate Bill 300. I was just correcting the actual bill number that we passed. This is a cleanup to that bill and it’s proposed by the Secretary of State. I apologize if I went too fast when I made the explanation. I’ll do it again if you want. It allows the use of restricted driving permit issued by the Secretary of State to allow the transportation of children to school and daycare. That’s when the -- when the Secretary of State issues a restricted driving permit, they can expand it now to allow the transportation to school and daycare. It also adjusts the fee charged for that person to reflect the same as that bill that we passed last year, which is thirty dollars.

PRESIDING OFFICER: (SENATOR HENDON) Leader Watson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

Let me clarify something. This bill does not - if I made that misstatement - this bill does not modify the bill that you’re referring to. This bill has to do with the current existing system where the Secretary of State issues restricted driving permits to people whose license have been suspended. And this just expands the Secretary to allow people to not just use it to go to work but also to transport the -- the children to school and daycare. Okay? And the second thing it does is it -- I think it raises the fee from, maybe, twenty dollars to thirty dollars to get this restricted driving permit, which would be identical to what the bill that you were referring to charges for that BAIID device. Now, if you want to debate that other bill which we already passed which is going to be the law January 1st, then we can do that at another time. But this bill does not affect that Act that we passed and you may have actually voted for.

PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall Senate Bill 2396 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 175  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2396, having received the required constitutional majority, is declared passed. Senate Bill 2397. Senator Cullerton. Madam Secretary -- out of the record. We’re going to try to get through it tonight, Ladies and Gentlemen, so we won’t be here long tomorrow. That’s as -- per President Jones. Senate Bill 2399. Senator Link. Senator Link seeks leave of the Body to return Senate Bill 2399 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2399. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Thank you, Mr. President. Floor Amendment 1 retains the bill with this -- is the definition of prevailing parties added to the underlying bill.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Link moves adoption of Amendment No. 1 to Senate Bill 2399. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Link, on Amendment No. 2.

Thank you, Mr. President. Floor Amendment 2 just better defines the home rule provision of the bill.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Link moves adoption of Amendment No. 2 to Senate Bill 2399. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2399. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Thank you, Mr. President. This amends the Generic {sic} (Genetic) Information Privacy Act and more or less answered the questions on the two previous amendments. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, 177  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 shall Senate Bill 2399 pass. And the voting is open. All those in favor, vote Aye. Opposed, vote Nay. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2399, having received the required constitutional majority, is declared passed. Senate Bill 2400. Senator Link. Senator Link seeks leave of the Body to return Senate Bill 2400 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2400. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Thank you, Mr. President. This deletes the bill, becomes the bill. Be more than happy to answer -- explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Link moves adoption of Amendment No. 4 to Senate Bill 2400. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 178  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2400. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Thank you, Mr. President. This bill creates the Biometric Information Act. We have addressed all concerns of all parties. I don’t know of any opposition to the bill now.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2400 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2400, having received the required constitutional majority, is declared passed. Senate Bill 2407. Senator Demuzio. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

179  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Yes. Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 deletes the underlying bill and, of course, establishes a pilot program under the Department of Natural Resources aimed at reducing the amount of Asian Carp and increasing the number of native fish in the Illinois River. It also creates the one-year pilot project to stimulate the bulk harvest of Asian Carp and increases to -- the number of native fish in the Illinois River.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2407 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2407, having received the required constitutional majority, is declared passed. Senate Bill 2412. Out of the record. Senate Bill 2413. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

Yes. Thank you, Mr. President and Members of the Senate. Floor Amendment 1 to Senate Bill 2413 -- oh, I’m sorry -- retains the bill and there’s a technical change just adding “Public Community College Act” after the word “The” in Section 180  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 5.

PRESIDING OFFICER: (SENATOR HENDON) Of the -- the technical change is already on -- on the bill. Is there any discussion? Seeing none, the question is, shall 2413 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2413, having received the required constitutional majority, is declared passed. Senate Bill 2452. Senator Cullerton. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

Thank you, Mr. President, Members of the Senate. This bill amends the Criminal Code. It expands the crime of tampering with public records to expressly include tampering with court records. Enhances the penalty to a Class 3 felony and it -- it applies the crime to the conduct of judges, clerks and other court personnel. It says that they could lose their public office if they are convicted of this crime and it says that the State Police can investigate and the Attorney General can prosecute alleged violations. Also extends the statute of limitations to three years from the date that the act constituting the violation was discovered or originally should 181  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 have been discovered. I don’t know of any opposition. I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2452 pass. All those in favor, vote Aye. Opposed, 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 that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2452, having received the required constitutional majority, declared passed. Senate Bill 2479. Senator Cullerton. Out of the record. Senate Bill 2482. Senator Lightford. Madam Secretary, please read the lady’s bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2482 is a bill from the State Board of Education which is our revisory legislation. It does a number of updates and technical corrections in Articles of the School Code. It changes reporting requirements for the census on students receiving special education services. It is an actual response to issues that was raised during audits and responses to the 2005 repeal of rules and JCAR’s recommendation that the substantive language be deleted. There’s a number of areas 182  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 here. It’s an awful lot. I don’t know if you would love for me to give you all that information, Mr. President.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2482 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, 1 voting Present. Senate Bill 2482, having received the required constitutional majority, is declared passed. Senate Bill 2513. Senator Link. Madam -- Senator Link seeks leave of the Body to return Senate Bill 2513 to the Order of 2nd Reading for the purpose of an amendment. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2513. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Thank you, Mr. President. The amendment becomes the bill. I’ll be more than happy to explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Link moves adoption of Amendment No. 2 to Senate Bill 2513. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration? 183  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2513. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Thank you, Mr. President. This is the agreement between the financial institutions and the -- and the Governor’s Office on the court case they had with the sweeps. I’ll be -- you know, I’ll be more than happy to answer questions, but this is something that I think has been worked out. It’s a -- a very positive financial endeavor to the State.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Rutherford.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Rutherford.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

That’s a very good question, Senator. In my discussions with the financial institution groups and all of that, part of the court case and all that agreement is that, no, they would not be. But I am not a hundred and ten percent sure - I want to clarify that. But that is what I have been told that, no, they would not be swept anymore.

PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Leader Watson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link, to close.

Thank you. I -- I commend the banking industry. I commend the Governor’s Office for working out this settlement. I just want to add one thing - sweeps are not new to this administration. I’ve been here for three governors. There have been sweeps before. I’m just glad this worked out. The taxpayers and everybody are happy. It will mean a lot more 186  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 money to the budget. And I would ask for a affirmative vote.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2513 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? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2513, having received the required constitutional -- the required constitutional majority, is declared passed. Current Presiding Officer needs a replacement. So, somebody get up here. Senate Bill 2531. Senator Martinez. Senator Martinez seeks leave of the Body to return Senate Bill -- oh, I’m sorry. Senator Righter, for what purpose do you seek recognition, sir?

PRESIDING OFFICER: (SENATOR HENDON) Can you wait till my replacement gets here? No. State your inquiry, sir.

PRESIDING OFFICER: (SENATOR HENDON) I think I’m going to give you pure torture. Senator Link in the Chair. Senator Link in the Chair.

PRESIDING OFFICER: (SENATOR LINK) Much slower. Senate Bill 2531. Senator Martinez. Senator 187  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Martinez seeks leave of the Body to return Senate Bill 2531 to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading, Senate Bill 2531. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Martinez, to explain your amendment.

Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 to Senate Bill 2531 deletes all and becomes the bill. It requires the Department of Healthcare and Family Services to report on the -- onto the Governor and the General Assembly. And I’ll be happy to discuss more of this on 3rd Reading.

PRESIDING OFFICER: (SENATOR LINK) Senator Martinez moves for the adoption of Amendment 1 to Senate Bill 2531. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments -- for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2531. Senator Martinez. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Martinez.

Thank you, Mr. President, Members of the Senate. The -- as I said before, this bill requires the Department of Healthcare and Family Services to report onto the Governor and the General Assembly on January 15th, 2009, and each January 15th thereafter about the status of the implementation of the Minimum Data Set reimbursement methodology. Also to be included in the report is the cost report year on which the current support component of the reimbursement rate is based.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2531 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill -- 2531, having received the required constitutional majority, is declared passed. Senate Bill 2538. Senator Garrett. Out of the record. Senate Bill 2562. Senator John Jones. Madam Secretary, please read the -- oh! Senator -- Senator Jones seeks leave of the Body to return Senate Bill 2562 to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2562. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Jones, to explain your amendment.

PRESIDING OFFICER: (SENATOR LINK) Senator Jones moves the adoption of Amendment 2 to Senate Bill 2562. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2562. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Jones.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2562 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 2562, having received the required constitutional majority, is declared passed. Senate Bill 2636. Senator Harmon. Madam Secretary -- Senator Harmon seeks leave of the Body to return Senate Bill 2636 to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2636. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, to explain your amendment.

Thank you, Mr. President. And I move the adoption of Floor Amendment No. 1.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon moves the adoption of Amendment 1 to Senate Bill 2636. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration? 191  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, to explain your amendment.

I move the adoption of Floor Amendment No. 2.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon moves -- moves the adoption of Amendment 2 to Senate Bill 2636. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2636. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, to explain your bill.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2636 is an initiative of State Treasurer Alexi Giannoulias. As amended by Floor Amendment No. 1, it regulates the marketing and the rates charged by private companies offering to reunite Illinois residents with their unclaimed property held by governments. With the amendment, 192  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 we’ve eliminated all opposition but for one company and I expect we’ll deal with that in the House. Amendment No. 2 addresses a collateral issue and ensures that counties, primarily Cook County, that receive overpayment of property taxes either return that money to the taxpayer or turn it over to the State where the taxpayer can retrieve it. Other than the opposition I mentioned, I’m not aware of any opposition. I’d ask for your Aye vote so that we can continue this in the House.

PRESIDING OFFICER: (SENATOR LINK) Senator Radogno.

PRESIDING OFFICER: (SENATOR LINK) He indicates he will yield.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon.

Thank you, Mr. President. Thank you, Senator, for the 193  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 question. That is the issue we need to resolve. It is debatable as to the appropriate rate. That company is charging fifty percent, which does seem excessive. Amendment No. 2 may actually change the landscape in such a way that we need to address the fee cap differently. But we are in conversations with that company and we will continue to discuss the issue with them.

PRESIDING OFFICER: (SENATOR LINK) Senator Radogno.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2636 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 2636, having received the required constitutional majority, is declared passed. Senate Bill 2638. Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 2638 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2638. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 194  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Harmon, to explain your amendment.

Thank you, Mr. President. Floor Amendment 1 becomes the bill. I move for its adoption.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon moves the adoption of Amendment 1 to Senate Bill 2638. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2638. Senator -- Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, to explain your bill.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2638 amends a variety of statutory provisions related to energy savings guaranteed contracts. They are cleanup in -- in -- in nature with the exception of one which would prohibit a consultant who participates in the preparation of an RFP for such work to be a bidder unless there’s a determination there’s no substantial conflict of interest. I’m not aware of any opposition. I ask for your Aye 195  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 votes.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2638 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 2638, having received the required constitutional majority, is declared passed. Senate Bill 2640, on the roll for Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 2640 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2640. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, to explain your amendment.

I -- becomes the bill. I move its adoption.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon moves the adoption of Amendment 2 to Senate Bill 2640. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 196  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2640. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2640 amends the Environmental Protection Act to provide guidance to the Pollution Control Board as to how to grant full or partial stays of Clean Air Act permits that have been contested by the -- the applicant. With the amendment, we’ve eliminated the objection. There was a second amendment in committee that was opposed, but it did not come out of committee. The bill before us has no opposition that I’m aware of. And I’d ask for your Aye votes.

PRESIDING OFFICER: (SENATOR LINK) Senator Risinger.

PRESIDING OFFICER: (SENATOR LINK) The -- the question is, shall Senate Bill 2640 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. 197  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 2640, having received the required constitutional majority, is declared passed. Senate Bill 2643. Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 2643 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2643. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, to explain your amendment.

Thank you, Mr. President. The amendment is a technical amendment. I move its adoption.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon moves the -- Amendment 1 to Senate Bill 2643. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. On the Order of 3rd Reading is Senate Bill 2643. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, to explain your bill.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2643 refines the definition of captive real estate investment trust in an effort to curb abuses. It has been agreed to by all interested parties and I ask for your Aye votes.

PRESIDING OFFICER: (SENATOR LINK) Any discussion? Seeing none, the question is, shall 2643 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 2643, having received the required constitutional majority, is declared passed. With leave of the Body, we will skip from Senate Bill 2653 to Senate Bill 2657. It’s Senator Dillard’s bill. But Senator Dillard seeks leave of the Body to return Senate Bill 2657 to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2657. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton, to explain your amendment. Senator Dillard, to explain the amendment. 199  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR LINK) Senator Dillard moves the adoption of Amendment 1 to Senate Bill 2657. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2657. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Dillard.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2657 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 2657, having received the required constitutional majority, is declared passed. With leave of the Body, we will skip from Senate Bill 2658 down to 2678. Senator Holmes. Senator Holmes seeks leave of the Body to return Senate Bill 2678 to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2678. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Holmes, to explain your amendment.

The amendment has -- is the bill. So we can…

PRESIDING OFFICER: (SENATOR LINK) Senator Holmes moves the adoption of the Amendment 1 to Senate Bill -- to Senate Bill -- are there any… Senator Lauzen, do you have a question on the amendment?

PRESIDING OFFICER: (SENATOR LINK) 201  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 I’m sorry. Senator Holmes moves the adoption of Amendment 1 to Senate Bill 2678. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2678. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Holmes.

Senate Bill 2678 is basically a standard TIF extension. It’s taking this from twenty-three to thirty-five years in the City of Aurora. It has the support of all the taxing bodies. And basically what we’ve seen over the past few years is that Aurora’s downtown has seen very, very positive impact on both commercial and residential development with the TIF district.

PRESIDING OFFICER: (SENATOR LINK) Senator Lauzen.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2678 pass. All those in 202  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 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? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 2678, having received the required constitutional majority, is declared passed. With leave of the Body, we will skip from -- Senate Bill 2680 to Senate Bill 2686. Senator Demuzio. Senator Demuzio seeks leave of the Body to return Senate Bill 2686 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 2686. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio.

Yes. Thank you, Mr. President, Members of the Senate. Floor Amendment 1 to Senate Bill 26 {sic} deletes the underlying bill and I’ll explain it on 3rd.

PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio moves the adoption of Amendment 1 to Senate Bill 2686. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate 203  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Bill 2686. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio.

Yes. Thank you, Mr. President and Members of the Senate. This initiative provides for a full-time teacher -- tenured teacher, when changing school districts, to have a two-year probationary period, rather than a four-year probationary period, provided that they have already entered into a contractual continued-service tenure agreement in their previous school district. This applies only to full-time teachers who have already achieved tenure status in the school district in which they are leaving. And it also provides an opportunity for new districts to evaluate a teacher’s performance before granting tenure. This does not reduce the initial probationary period for new teachers from the initial four years. This also provides new opportunities for experienced quality teachers to change districts with limited portability of an earned benefit. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.

PRESIDING OFFICER: (SENATOR LINK) 204  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 She indicates she will.

PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio.

Yes. Thank you, Senator, and I appreciate your asking the questions. Yes, we did have a conversation. Was a very good point that was brought up in committee, that as this -- we -- we would like to have this go ahead and go out today, but we will continue to work on “continued”. We have worked with the labor -- or with the unions involved, both IFT and IEA, and have worked with the IEA attorney and we are going to be looking at tightening the language on what the word “continued” means.

PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2686 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 2686, having received the required constitutional majority, is declared passed. Senate Bill 2687. Senator Demuzio. Senator Demuzio seeks leave of the Body to return Senate Bill 2687 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2687. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio, to explain your amendment.

Yes. Thank you, Mr. President. I’d -- Floor Amendment No. 1 to Senate Bill 2687 deletes the underlying bill and I’ll explain on 3rd.

PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio moves the adoption of Senate Amendment 1 to Senate Bill 2687. All those in favor will vote {sic} Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration? 206  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2687. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio.

Yes. Thank you, Mr. President. Senate Bill 2687 allows mentors under the national board certified teachers program to receive incentive payments for thirty or sixty hours of mentoring, instead of requiring sixty hours. The incentive payment is also increased from one thousand to two thousand for sixty hours of mentoring and from three to four thousand for sixty hours of mentoring in schools on academic early warning status. Membership of the P-20 Council is also changed to include a special education administrator and the President of the Illinois Adult and Continuing Ed Association. I ask for a favorable roll.

PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.

PRESIDING OFFICER: (SENATOR LINK) 207  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 She indicates she will.

PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio.

Thank you, Senator, for your comments, and you’re absolutely correct. This was a -- a concern in committee and we talked about the fact that there would be -- we would need additional representation. We could lose one. What I will be looking at -- as this goes along and as our conversation indicated, we’ll either be looking for maybe a trailer bill to attach that additional person on, as we’re concerned about the makeup of the P-20 Council in terms of making an odd number or an even number on that Council. So, it’s something that we’ll certainly be willing to address, and whether we’ll change this bill, which is doubtful. We’ll probably just look for an additional bill.

PRESIDING OFFICER: (SENATOR LINK) Leader Watson.

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

Yes. Again, thank you. This is an excellent program, as Senator indicated. Peggy has made contact with me on numerous occasions and has been a very strong advocate, as well as many others throughout the State. I ask for a favorable vote, as this is a very important piece of legislation.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2687 pass. All those in 209  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 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? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 2687, having received the required constitutional majority, is declared passed. Senate Bill 2688. Senator Kotowski. Senator Kotowski seeks leave of the Body to return Senate Bill 2688 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 2688. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, to explain your amendment.

Floor Amendment No. 1 to 2688 deletes the underlying shell bill. Requires schools conduct a minimum of one law enforcement drill per year to address and prepare students and school personnel for incidents, such as lock-downs, shootings, bomb threats, or hazardous materials incidents.

PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski moves the adoption of Amendment 1 to Senate Bill 2688. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 210  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2688. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski.

Thank you, Mr. President and Members of the -- the Senate. Senate Bill 2688 was a bill that was proposed by a school safety alliance in the twenty-fifth district in my area, very concerned about the safety of their children in the event of a possible school shooting or terrorist threat or something that related to hazardous material. Now, we presented the bill before the Education Committee and they had some concerns. I subsequently sat down with the Illinois State Board of Education, the School Management Alliance, ED-RED, the Illinois Association of Chiefs of Police. And we’d agreed upon language upon our passing it out of the -- the Senate, which we will address in the House, which essentially says that the -- such drills must be conducted according to the school district’s emergency and crisis response plans, protocols, and procedures, with the participation of the appropriate law enforcement agencies, and law enforcement drills may be conducted on days and times when students are not present in the school building. So we -- we addressed some of the concerns. We met with the group. We have a coalition of supporters of this bill now. I’d be more than happy to answer any questions. 211  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

PRESIDING OFFICER: (SENATOR LINK) Senator Cronin.

PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2688 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 2688, having received the required constitutional majority, is declared passed. Senator Luechtefeld, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) The record shall reflect your intention. Senate Bill 2689. Senator Noland seeks the leave of the Body to return Senate Bill 2689 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2689. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Noland, to explain your amendment.

Thank you, Mr. President. The amendment becomes the bill. I’ll read it on 3rd -- 3rd Reading.

PRESIDING OFFICER: (SENATOR LINK) Senator Noland moves the adoption of Amendment 1 to Senate Bill 2689. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2689. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) 213  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Senator Noland.

Thank you, Mr. President. Senate Bill -- excuse me, 2689, as amended, increases the minimum number of sick leave days on - - for non-certified staff. Allows -- and they are allowed to accumulate from the current level of a hundred and eighty days to two hundred and forty days, the required number of days needed in order to receive credit for an additional year of -- of service credit. This also requires school districts to maintain non-certified staff’s accumulated sick days during a recall period. Requires school districts to pay non-certified staff daily pay rate for accumulated sick leave days if recall periods expire. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR LINK) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR LINK) Senator Noland.

Thank you, Mr. President. To clarify something I don’t that was made -- made clear by the presenter’s comments, was that these non-certified personnel cannot -- cannot qualify for the year’s credit should they be recalled. And as a matter of negotiation, time and time again these types of personnel are the ones that are getting lost in the mix. These are the people that work in the lunchrooms. These are the people that work as custodial staff, bus drivers, and so on. These are the people that are least -- and especially those people that work in special education and helping in classrooms and doing the work that very few other people are willing to do. And these are the people that are least able to help themselves in the negotiation process. That’s why this bill is being offered up and I certainly urge an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2689 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have 215  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 Ayes, 18 Nays, none voting Present. Senate Bill 2689, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll skip from Senate Bill 2691 to Senate Bill 2696. Leader Watson, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) Well, as somebody on Appropriations, I think you can make an assessment to him and get it. But, anyway, Senate Bill… Senator Schoenberg, for a rebuttal.

There you go again. You can consult with the talented staff in the back that I regularly leave money in the tip jar, because Democrats know there is no free lunch.

PRESIDING OFFICER: (SENATOR LINK) Senator Delgado seeks leave of the Body to return Senate Bill 2696 to -- to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2696. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Delgado, to explain your amendment.

Thank you, Mr. President and Members of the Senate. Floor Amendment No. 1 to Senate Bill 2696 deletes all and becomes the bill. Floor Amendment No. 1 reinserts the grandfather provisions for certified registered nurse - I can never get this word out - anesthesiologists - let’s go with that term, that’s a good word - that expire 12-31-06. The amendment also outlines standards and requirements under which IDFPR may issue a CRNA license for those who are grandfathered. And I would ask for your support.

PRESIDING OFFICER: (SENATOR LINK) Is there -- Senator Delgado moves the adoption of Amendment 1 to Senate Bill 2696. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2696. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Delgado. 217  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008

Thank you. I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all -- all those -- the question is, shall Senate Bill 2696 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 2696, having received the required constitutional majority, is declared passed. Senator Martinez in the Chair.

PRESIDING OFFICER: (SENATOR MARTINEZ) With leave of the Body, we will skip down from 2697 down to 2702. Senator Cullerton. Out of the record. With leave of the Body, we are going to continue on down from 2703 to the top of page 14, to Senate Bill 2707. Senator Link. Senator Link seeks leave of this Body to return Senate Bill 2707 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, so granted. On the Order of the 2nd Reading is Senate Bill 2707. Madam Secretary, are there any amendments approved for consideration?

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

Thank you, Madam President. This is a trailer to -- the Smoke Free Illinois. This is -- basically, Floor Amendment 3 allows universities and labs to allow smoking - and 218  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 manufacturers that exclusively do this - and it also sets regulations for the -- the way we will administer fines and where we will administer ‘em.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, Senator Link moves the adoption of Amendment No. 3 to Senate Bill 2707. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any Floor amendments considered -- approved for consideration?

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Watson.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link.

Two things, Madam President. First of all, I will ask for a roll call on this amendment, and then I -- then to the bill -- then to the bill. You know, I -- I respect Leader Watson for what he’s trying to do. But I think -- I think what we talked about today in the office that -- I will be more than happy to work with him on, and a thing that I agreed with him totally on. It is not the smoking ban, in my opinion, and I’m -- strongly believe it’s not. It’s been three months. And we have the beautiful charts just like he does. We’ve got the ones that are in color and showing these charts of figures and all of that, and we can show that there was a downturn in all of 2007. There was a downturn in -- from all the boats. There were downturns in 2006. There has been downturns in Indiana, Iowa, Missouri, Las Vegas. There’s been -- in Atlantic City. Just yesterday, MGM, one of the largest in Las Vegas, laid off four hundred people. It’s the economy. It’s the economy. And you know what 221  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 the problem is? I agree with Leader Watson on one fact - the tax structure, what we tried to do in this State. The minute we talked about raising the tax structure, the stock market pertaining these boats went down. The facts we got here - and it shows - the attendance is not down; the people aren’t spending the money. Senator Clayborne’s going to get up here and he’s going to show you something that, in the month of January and the month of March, the attendance was a little down compared to what it was in ’07. But if you look at those figures -- in February, it was up. But if you compare those figures in ’06, ’05 and ’04, they were higher. Why? Maybe you had a good month in March and January. We also, where I come from - which happens to have in the northeast corner of the State the largest contributors of boats, in Joliet, Elgin, Aurora and all that - had probably the snowiest winter - might of had just a little bit of the factor, with the economy, of attendance and money. It was not the smoking factor. You’re talking -- this been in effect for three months. Let’s get serious. The downswing that’s been going on for two years is the economy. We cannot -- people that were spending a hundred dollars are spending fifty. That’s where you’re having it. If it was smoking ban, why is Las Vegas hurting? Why is Atlantic City hurting? Why are any of them down? They should be flourishing. They should be way up. Indiana should be flourishing. Iowa, Missouri should be record numbers, because everybody from Illinois that smokes should be over in those states. They’re not. They’re not going anywhere. They can’t afford the gas or anything to get to those states. It’s the economy. Wake up. It’s not smoking ban. This amendment should 222  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 be defeated. We should let the smoking ban work and we passed it with record numbers. It’s working in Illinois and we should let it stay.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Clayborne.

Thank you, Madam President. My colleague talked about the -- particularly in committee, and just on the Floor, he -- he said it’s down a little bit. Well, in January, it -- it -- attendance was down, January of ’08, seventy-seven thousand people from January of ’07. It was up fifty-six hundred in February. But in March, it was down one hundred and thirty-four thousand seven hundred people in March of ’08 to March of ’07. So clearly, clearly, something is causing people not to go gamble. That’s a significant number of individuals. I would only say that, you know, this -- this is our Common School Fund too. These dollars go to our Common School Fund and it’s estimated we’ll be down a hundred and fifty million dollars, which means additional monies have to go into our Common School Fund to make it up. I would just ask you to consider these numbers and the impact that this will have on the State of Illinois and the budget.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Hendon.

Thank you, Madam President. This is one of those moments when we can have bipartisan cooperation. Some misinformed Republicans will vote with a Democrat. Some of us educated Democrats are going to vote with the Majority Leader -- Minority 223  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Leader Watson. It’s a wonderful thing. Sincerely, I believe that if you’re on a boat, if you’re in any gambling institution, if you lose your hundred or two hundred dollars, the least we should do, Senator Link, is let ‘em have a cigarette. So I’m going to vote with my leader, Leader Watson tonight. Let me -- right. I didn’t say boss; I said leader. Bipartisan cooperation. Let’s do the right thing for the people of Illinois. Give ‘em an opportunity to have a cigarette. Hopefully, they’ll win. But we all know, most of the time, they leave their money there. At least let ‘em have a little smoke so they can calm down.

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

PRESIDING OFFICER: (SENATOR MARTINEZ) Let me remind this Body that we are going to take a roll call. Senator Watson moves the adoption of Amendment No. 4 to Senate Bill 2707. The question is, shall Amendment No. 4 to Senate Bill 2707 be adopted. All in favor, vote Aye. Opposed, vote Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. With 15 -- 15 voting Aye, 35 voting Nay, 1 voting Present, the amendment fails. Are there any further Floor 225  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MARTINEZ) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 2707. Senator Link, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link.

Thank you, Madam President. As I explained that -- on the first Amendment 3, that becomes the bill and I would ask for a affirmative vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR MARTINEZ) Indicate he will.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link.

Yes, Senator Righter, that is.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link.

Yes, that’s correct.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MARTINEZ) …the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Lauzen.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link.

Thank you, Senator Lauzen, for the question, but that’s not whose issuing the citation. The citation would be issued by the -- the enforcing -- you know, the police or whoever it would be. So, you know, if -- if you walked into a local establishment and you saw a number of people smoking and you called the police and said, hey, you know, I thought it was smoke free Illinois and there were people smoking in here and the police came in and issued a citation, that would be just like if you saw a bunch of underage drinking or if you saw anything else of people that were violating the law; this would be your prerogative to do that and you would not be involved in the prosecution of that. The prosecution would be the police who arrested that individual or -- or whoever issued the citation.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Lauzen.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link.

Thank you, Senator Lauzen. I think you were talking about the -- the part where you want the confidentiality of somebody. It’s just like in the Whistleblower Act, that we do not have that part in there and, no, that is not part of this piece of legislation. This would only -- the only time they would be able to do something is if -- by the arresting individual would be the people that they would be in contact with.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link, to close.

To close. Thank you, Madam President. To Senator Righter, I made my commitment to Senator Righter and I will continue to do this. This is a new endeavor we did with Smoke Free Illinois. Right now, we have very few complaints. And I don’t think it justifies to set up something in every county, right now. If it warrants it in the future, as I said to Senator Righter, if we have two hundred complaints in Coles County, if we have two hundred complaints in -- in other counties throughout the State and it starts getting -- a overdue burden, then, yes, then I think we come back, we address this and we start having something in the court systems where we address it. 231  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 But right now, we have a small amount of complaints. We don’t even have it set up where we would do it biweekly, monthly or whatever, because we don’t have it. We may only have these complaints quarterly, because we hope that they are very few complaints, that people are attending to the law that we passed and they are abiding. I know in most of the establishments that I know by me, they are abiding by the law. That’s why we passed it. They want it. People want to abide by the law. That’s why we have it. But this is setting up the standards of what we want. I would ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) The question is, shall Senate Bill 2707 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 35 voting Aye, 16 voting Nay, 0 voting Present. Senate Bill 2707, having received the required constitutional majority, is declared passed. With leave of the Body, we are going to skip down from Senate Bill 2708 all the way down to 2718. Senator Wilhelmi. …Wilhelmi seeks leave of the Body to return Senate Bill 2718 to the Order of 2nd Reading for the purpose of an amendment. Having no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2718. Madam Secretary, are there any amendments approved for consideration?

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

232  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Thank you, Madam President. Floor Amendment No. 1 becomes the bill and I move its adoption.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, Senator Wilhelmi moves the adoption of -- of -- of Senate -- of Amendment No. 1 to Senate Bill 2718. All those in -- all those in favor, vote 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. Now on the Order of 3rd Reading, Senate Bill 2718. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Wilhelmi.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2718 creates an exception to the hearsay rule if a statement is offered against the party that is engaged in wrongdoing that was intended to and did, in fact, cause the unavailability of a witness. The bill requires the admissibility of such statements to be determined by the court outside of the presence of the jury. It places the burden of proving the wrongdoing by a preponderance of the evidence upon 233  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 the party seeking to introduce the statements. The bottom line on this piece of legislation is that criminals should not be able to benefit by having the witness unavailable at trial, either by killing that witness, by kidnapping that witness, or by otherwise finding a way to get that witness outside of the court of law. I think the -- the truth needs to come into the court of law. And what we’ll do - and I -- and I agreed to this to my colleagues on the Judiciary-Criminal Law Committee and I appreciate their input - I will work with the House sponsor. We will look at the issues of burden of proof, as well as the issue of whether we should limit the wrongdoing to murder and kidnapping only or even possibly murder alone. There is no question that, in Will County, there has been a plethora of tragedies and crimes that are just despicable. We should not allow criminals in this State to avoid being brought to justice because they -- get rid of the witness. And that’s what this bill does. This bill should be passed. And I -- I give you my commitment, I’ll work on it with the House sponsor to make it a better bill. And I ask for an Aye vote.

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

To the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) To the bill.

I appreciate the -- the sponsor, my seatmate’s commitment to work on this bill. I raised some concerns in committee with regards to this being used as a -- a -- a -- a tool to just 234  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 obtain victory in -- in the courtroom for -- for -- for prosecutors instead of a -- a tool towards working towards truth. So I would hope that the work that’s done in the House not only goes towards narrowing the offenses, but I truly believe that a preponderance of the evidence is a dangerous burden of proof to have for this type of mechanism.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Wilhelmi, to close.

Thank you, and I -- I -- I respect and appreciate Senator Raoul’s comments, both in committee and here tonight on the Floor. And I give him and all of you my commitment that we will work on these two issues in the House and that I will make sure to work with you, Senator, as well as Senator Cullerton, Senator Harmon, and anybody else who wants to work on making sure this bill is tight, it -- and that the -- that the burden of proof and the -- the wrongdoing is -- is thought through, so that when the House passes the bill and it goes to the Governor, we have a bill that we can be proud of. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) The question is, shall Senate Bill 2718 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 2718, having received the required constitutional majority, is declared passed. With leave of the Body, we are going to skip down to middle of the page, -- Senate Bill 2719 down to 2721. Senator Crotty. Senator Crotty seeks leave of the Body to 235  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 return Senate Bill 2721 to the Order of 2nd Reading for the purpose of an amendment. Having no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2721. Madam Secretary, are there any amendments approved for consideration?

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

This amendment becomes the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Seeing none, Senator Crotty moves the adoption of Amendment No. 1 to Senate Bill 2721. 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. Now on the Order of 3rd Reading, Senate Bill 2721. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Crotty.

Thank you very much. Last year, we passed Senate Bill -- 236  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 258 which afforded protections to tenants who are current in their rent and their building is in foreclosure. So, Senate Bill 2721 strengthens some of those existing protections in three ways. One, it amends the definition of “current on rent”. During the foreclosure process, when a property owner may choose to abandon the property, it’s often unclear where that renter should submit their rent payments. So renters may have been prepared to pay the rent, but it was not being collected or recorded. So, in these cases, the renter would not be punished for those -- in those circumstances. Secondly, the recently passed legislation requires a hundred and twenty days’ notice to renters who are evicted as part of the foreclosure proceedings, but it does not cover renters who are evicted immediately following foreclosure. And that means that, if the renter is not properly named in the foreclosure action, the new owner - and it’s often the financial lender - is not interested in serving as the landlord for the property or he wants to sell that property quickly, they can evict that renter without notice. Where this bill ensures the second group of renters is eligible for the notice that we also allowed in Senate Bill 258 last year. And thirdly, it adds a provision to clear a renter’s record of eviction charges in cases of foreclosure on the landlord. Currently an eviction is placed on the renter’s permanent record when the eviction was a result of foreclosure on the landlord, making it difficult for the renter to pass the application process on future landlords. So this bill would ensure the renter not be punished for something that’s out of his control or her control. This bill also is going to be continued to be worked on in the House. And I would ask for a 237  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Aye vote.

PRESIDING OFFICER: (SENATOR MARTINEZ) The question is -- seeing -- any further discussion? Seeing none, the question is, shall Senate Bill 2721 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 48 voting Aye, 7 voting Nay, 0 voting Present. Senate Bill 2721, having received the required constitutional majority, is declared passed. With the leave of the Body, we are going to move to the Supplemental Calendar No. 1 that was distributed a few minutes ago. On Supplemental Calendar No. 1 is Senate Joint Resolution, Constitutional Amendment, 92. Senator Frerichs, do you wish to -- the resolution to be called? Madam Secretary… Senator Frerichs, do you wish your resolution considered? Madam Secretary, have…

Yes, I do wish it to be considered.

PRESIDING OFFICER: (SENATOR MARTINEZ) Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Raoul, to explain the amendment.

Thank you, Madam President. Floor Amendment 2 to Senate Joint Resolution, Constitutional Amendment, 92 takes in recommendations made by Senator Righter during the Executive 238  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 147th Legislative Day 4/16/2008 Committee today to remove language that would suggest to have a progressive income tax and leave the Constitution mute as to whether to go towards a flat tax or a progressive tax.

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, Senator Raoul moves the adoption of Amendment No. 2 to Resolution -- to Senate Joint Resolution, Constitutional Amendment, 92. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MARTINEZ) Madam Secretary, please read the resolution, as amended, in the full -- in full for the first time.

PRESIDING OFFICER: (SENATOR MARTINEZ) We are moving Senate Joint Resolution, Constitutional Amendment, No. 2 to 2nd Reading -- No. 92 to 2nd Reading. There being no further business to come before the Senate, the Senate stands adjourned until hour of 10 a.m., Thursday, April 17th, 2008. The Senate stands adjourned. 239