Illinois Senate Floor Debate — May 30, 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 desk? Will our guests in the galleries please rise? The invocation today will be given by Pastor Thomas Radtke of Trinity Evangelist {sic} (Evangelical) Lutheran Church, here in Springfield. Pastor.

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

Morning, 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) Senator Hunter moves to approve the Journal just read by the Secretary. There being no objection, so ordered. …Secretary, Messages, please. 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

PRESIDING OFFICER: (SENATOR DeLEO) Greg Lipe of the Illinois Information Service seek leave of the Body to videotape the proceedings. Seeing no objection, leave is granted. Madam Secretary, Resolutions, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Consent Calendar. Madam Secretary, Committee Reports, please.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Welcome -- welcome to the Illinois State Senate. Welcome to Springfield. Senator Risinger, for what purpose you seek recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) …you, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator, that’s a wonderful request. As you know, because -- and Senator Righter, as he knows, and so many Members of this General Assembly that are lawyers, which you and I are not, sir, but in this rule book, in the Senate rules - that were written by the Senate Republicans a couple years ago and the Senate Democrats adopted these rules - if you can show me in this rule book where there states the rules for caucuses, there isn’t. 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 It’s been a courtesy and tradition of this Chamber to allow each - the minority party or the majority party - a caucus, sir. And so, we will keep in that tradition and we will honor a -- a caucus at the appropriate times. And if you have -- like we’ve done in the past, Senator, and what we’ve always extended to everybody that’s ever been the caucus chairman on both sides of the aisle, the courtesy has always been to notify the Chair that you were going to -- ask for a caucus. Leader Watson, when he speaks to the President of the Senate every morning, will tell him that we need a caucus. And I know on a day like today, Senator, when we have appropriation matters, that caucuses will want to meet, and I’m sure that the Senate Democrats will want to meet today, sir. So, you can let us know, and we’d be glad to accommodate you any time we can today, sir. Senator Risinger.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Okay, Ladies and Gentlemen, we’d ask you to -- with leave of the Body, we’ll be going to the printed Calendar. We’ll be going to Senate Bills 3rd Reading. Senate Bills 3rd Reading. On the top of page 3, you’ll see Senate Bills 3rd Reading. We will go to Senator Collins, on Senate Bill 874. So with leave of the Body, the sponsor has requested and I believe… So the sponsor’s requesting that we return Senate Bill 874 back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, Senator? Seeing that’s 6  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 correct, now on the Order of 2nd Reading is House {sic} Bill 874. Madam Secretary, has there been any amendments approved for consideration?

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 2 deletes all and becomes the bill. It now becomes agreed-upon language. The amended bill requires health insurance and managed care plans to provide an external review appeals process for consumers when there is an adverse determination. This language came to me from the stakeholders. Among them, Blue Cross Blue Shield, Humana, and the Chamber of Commerce. And I ask for its adoption -- motion.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Collins moves the adoption of Floor Amendment No. 2 to Senate Bill 874. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Madam Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 874. Senator Collins, do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, read the lady’s bill. 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins, to the bill, ma’am.

Thank you, Mr. Chairman. As I indicated before, this is agreed-upon language that we worked out to work out some of the issues that we had previously with the Floor Amendment No. 1. We resolved the issue and I just ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, the question is, Ladies and Gentlemen, shall Senate Bill 874 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 874, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen, continuing on Senate Bills 3rd Reading. Leave of the Body, we will jump down to Senate Bill 1013. Senator Steans. Do you wish to proceed? I think Senator Steans is asking leave of the Body -- she’s seeking leave of the Body to return this back to the Order of 2nd Reading for the purpose of amendment. Is that correct, Senator? Indicates that’s correct. Madam Secretary, has there been any Floor amendments approved for consideration?

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

Yes, the Floor Amendment No. 1 becomes the bill. I’ll speak to it on 3rd.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Steans moves the adoption of Floor Amendment No. 1 to Senate Bill 1013. Is there any discussion? Seeing none, 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, Madam Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1013. Senator, do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, read the lady’s bill.

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

Thank you, Mr. Chair and Ladies and Gentlemen of the Senate. This bill is Redeploy Illinois. The bill itself makes 9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 the program now a permanent program by deleting the pilot language. It also establishes the Redeploy Illinois Oversight Board and shifts its role from being one that created the pilot to now overseeing it on ongoing basis. This has been a pilot in five parts of the State. All counties will now be eligible for the program. The program, in a nutshell, enables -- provides a much better alternative for delinquent youth to get services in the community and keep them from getting incarcerated again in future, keeping them out of the juvenile justice system. And I’d urge an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 1013 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1013, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen -- Senator Noland. Senator Noland. Out of the record. If you turn your Calendars to page -- leave of the Body, we will go to page 6. Page 6 is Senate Bills 3rd Reading. Near the bottom of page 6 is Senate Bill 2181. Senator Clayborne. Senator James Clayborne, on Senate Bill 2181, sir. Out of the record. Senator John Cullerton. Senator John Cullerton, on 2305. Senate Bill 2305. Senator Cullerton, are you seeking leave of the Body to return this back to the Order of 2nd Reading for purpose of an amendment? He indicates that’s correct. Madam Secretary, has 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 there been any Floor amendments approved for consideration?

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

Yes, thank you, Mr. President, Members of the Senate. This is an initiative -- this amendment is a suggestion of the Cook County State’s Attorneys. It’s a technical correction increasing penalty classifications for aggravated possession of a stolen firearm, together with specific violations of the Controlled Substances Act and the Methamphetamine Control and Community Protection Act. Move for its adoption.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Is there any discussion on the gentleman’s amendment? Seeing none, Senator Cullerton moves the adoption of Floor Amendment No. 1 to Senate Bill 2305. 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, Madam Secretary?

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

Yes, thank you, Mr. President, Members of the Senate. This Floor amendment deletes the current effective date of July 1st, ’08, and therefore the effective date of the bill would be January 1st, ’09. Move for its adoption. 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the gentleman’s amendment? Seeing none, Senator Cullerton moves the adoption of Floor Amendment No. 2 to -- to Senate Bill 2305. 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, Madam Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2305. Senator Cullerton, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to the bill, sir.

Yes, thank you, Mr. President, Members of the Senate. This is a bill that is an outgrowth of the CLEAR Commission that Senator Dillard and I serve on that’s chaired by Justice DiVito and Governor Thompson. This has to do with Class X felonies. There’s, I think, thirty-two different variations of Class X felonies, which leads for a lot of problems for prosecutors, as well as some proportionality problems and sentencing impacts across the Criminal Code. So this is a consolidation of those 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 into five Class X felonies. And I would be happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Bivins, for what purpose you seek recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

There’s like a three-page chart. I -- I -- I -- there’s a whole bunch that are affected. There’s something like seventy that are unchanged. There’s minimum sentences and maximum sentences that are changed - some increased, some decreased. And there’s maybe a hundred and forty different changes.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Martinez in the Chair. Senate -- Senator Righter.

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

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Cullerton.

Yes, the CLEAR Commission has been in existence for a couple of years, chaired by Governor Thompson and Justice DiVito. We’ve been, in -- in effect, rewriting the entire Criminal Code, making those recommendations, and that’s being done in the Reference Bureau right now. As far as sentencing is concerned, the CLEAR Commission attempted to reach -- and by the way, I should indicate that all of our decisions have been made by consensus - in other words, unanimous support. In the area of sentencing, there was one judge in Chicago who did not agree with this proposal. But it was prepared for us by the CLEAR Commission and it came as a result of a recognition that there are so many different types of variations to Class X that, as a result, we thought we’d make it much easier for people to understand them, to consolidate them and -- and -- to avoid proportionality problems and that’s why we -- we did this. So, it’s -- as I’ve indicated, it’s not a -- a product of the CLEAR Commission - I would call it a by-product of it. It wasn’t formally approved by them, but it was prepared by them.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Righter. 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Cullerton.

Yes. At your suggestion, I contacted the Attorney General and she said we can do what we want; she doesn’t -- she’s not endorsing or -- or -- she’s -- and she’s not commenting on it. She says it’s totally up to us. And my view is that unless we all agree on this bill, we -- we shouldn’t pass it. So, if there’s anybody that has strong opposition to the bill, I’ll take it out of the record. But I’m hoping that we can agree on it since it was a consensus of the legislators who are on the CLEAR Commission and other people in the law enforcement community, State’s attorneys, judges. So, you know, it’s -- it’s up to you, sir.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Cullerton.

There’s a hundred and six separate class -- classifications that are amended. There’s seventy minimum sentences unchanged, nine increased, twenty-seven reduced; maximum - seventy-one unchanged, fourteen increased, twenty-one are reduced.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Cullerton.

Senator, maybe I could do this, I don’t know if your analysis is as complete as mine, so -- I’ve got a three-pager here. Why don’t I take this out of the record? I’ll come over 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 and share it with you, and then that will be the best way to answer your question, and we can come back to the bill later.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Righter.

Like to take it…

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Cullerton.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Cullerton, out of the record?

Out of the record.

PRESIDING OFFICER: (SENATOR MARTINEZ) Out of the record. With leave of the Body, we are going to move on to -- on the bottom of page 9. Senator Trotter, on Senate Bill 2708. Senator Trotter seeks leave of the Body to return Senate Bill 2708 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 2708. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MARTINEZ) 17  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 Senator Trotter, to explain the amendment.

Thank you very much -- very much, Madam President, Members of the Senate. Senate -- Floor Amendment No. 1 to 2708 amends the Emergency Medical Services System {sic} (Systems) Act. It specifically requires the Director of the Department of Public Health to create a working group to advise the Department on Primary Stroke Center Systems. The working group must be composed of representation from the emergency medical -- medical directors, hospital administrators, neurologists from accredited Primary Stroke Centers, EMS coordinators, stroke advocates, fire chiefs, private ambulance providers, and a representative from the State Emergency Medical Services Advisory Council. It further mandates that the working group be -- devise and submit a stroke assessment tool to the Department for final approval. And finally, it -- it declares that following approval of that assessment to -- a copy must be distributed to all EMS Systems for adoption no later than January 1st {sic} (15th), 2010. And it adds an immediate effective date. This bill also has changed slightly from its original bill, which was House Bill 4699, and that slight difference being is that we changed it from the Primary Stroke Center Systems and renamed it the Larry McKeon Primary Stroke Center Systems.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Seeing none, Senator Trotter moves the adoption of Floor Amendment No. 1 to Senate Bill 2708. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 1 is adopted. Madam Secretary, has there been any further Floor 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2708. Senator Trotter, you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, to the bill, sir.

Thank you very much. I essentially explained what the bill was. I just want to add that this -- the proponents of this bill is the AIDS Foundation of Chicago, the American Heart Association, the American Stroke Association, the Illinois Hospital Association, Genentech and many others. And that as these -- the stroke -- stroke systems grouping gets together, there’ll be -- be further discussions, so there may be some more forthcoming in the future.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Is there any discussion? Is there… Senator Righter, you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 To the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Trotter, to close, sir.

I just want Aye -- ask for an Aye vote, please.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 2708 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 2708, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen, if I could have your attention, we’ll be going to House Bills -- leave of the Body, we’ll be going to House Bills 2nd Reading. House Bills 2nd Reading begins on page 13. We will skip page 13. We will go to top of page 14 of your Calendar. House Bills 2nd Reading. Senator Trotter, on House Bill 4215, sir. Madam Secretary, read 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 the gentleman’s bill.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. 3rd Reading. Okay, continuing on House Bills 2nd Reading, Senator Trotter, on House Bill 5151, sir. Madam Secretary, read the bill.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Althoff, on 5195, ma‘am. Out of the record. Senator Trotter, on 5215. Madam Secretary, read the bill. 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Trotter, on House Bill 5350, sir. Madam Secretary, read the gentleman’s bill.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. …Bills 2nd Reading. Continuing on House Bills 2nd Reading is House Bill 5701. Senator Trotter. Madam 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) Thank you. 3rd Reading. Okay, Ladies and Gentlemen, may I have your attention? Leave of the Body, we will go to House Bills 3rd Reading. House Bills 3rd Reading, final passage. We’ll go to page 11 of your printed Calendar. Page 11 of your printed Calendar, House Bills 3rd Reading. House Bill 773. Senator Halvorson. House Bill 773. Senator Halvorson. Out of the record. Senator Lightford, on House Bill 1141, ma’am. The lady indicates she wishes to proceed. Madam Secretary, please read her bill. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Lightford, to the bill, ma’am.

Thank you, Mr. Chairman -- Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 became the bill for House Bill 1141. It amends the School Code regarding hard- to-staff salary incentives and responsibility for payment for 23  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 court-placed residential treatments. Basically, the bill has two components. The first is that it improves the hard-to-staff salary incentive program. The State Board of Education and the teacher organizations have agreed upon this language to address proration in the case of insufficient appropriations. It clarifies that only full-time teachers are eligible for the stipend. And it provides the definition for hard-to-staff schools. The second component is a trailer bill to Senate Bill 2402 {sic} (2042). This is an area that deals with the payment for educational services for students in residential treatment facilities and control over a student’s IEP. I’d be happy to answer questions, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any… Senator Luechtefeld, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) 24  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 Senator Lightford.

Senator Luechtefeld, no, it does not.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Luechtefeld. Seeking recognition on this bill -- Senator Meeks, are you seeking recognition, sir?

Yes, Mr. President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she’ll yield for a question, sir.

Is there any cost limitation as to how much a school district can be charged by another school district?

PRESIDING OFFICER: (SENATOR DeLEO) …Lightford. …Lightford.

One moment, please, Mr. President. Thank you, Mr. President. Thank you, Senator Meeks - for legislative intent - the answer to that question is, for general education students, the cost should be close to the district’s per capita amount, and for special ed students, the cost is based on the IEP needs and whether the residential facility is approved by the State.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you, Senator. Is there any further discussion? Seeing no further discussion, Ladies and Gentlemen, the question is, shall House Bill 1141 pass. Senator Lightford.

Mr. President, we have legislative intent to establish. Senator Meeks had a couple more questions. 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

PRESIDING OFFICER: (SENATOR DeLEO) I -- I’m sorry. I -- I didn’t see -- I -- his - his light wasn’t on. I apologize. Senator Meeks.

All right. Thank you so much. Does this mean that parents can just place their children in these facilities and let the taxpayers of the residence stick ‘em with the bill?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford.

Thank you. Not at all. Senator Meeks, let me clarify that. Nothing in this bill will allow parents to unilaterally place their children in residential facilities and then make the resident school district liable for the educational costs. In fact, that would contradict our intent in passing this legislation.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Meeks.

I’m worried that parents can just pack their children off to these places when the resident school district has no input at all. How do you answer that?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford, how do you answer that?

The legislation is limited to agency and court placements.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Meeks.

26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 Last question, what about the language about the placing agency or parent request and the -- and the parents can place a child? What about that language?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford.

No, no. That’s not what it means, Senator Meeks. It means that while a parent must request an IEP meeting after the student has been placed by the agency or court if the placement would entail additional education services beyond the student’s current IEP, nothing in the statute should be construed to allow parents to unilaterally place their children at residential facilities and then hold the residential district liable for reimbursement of the educational portion of the placement.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Meeks.

Thank you so much for clearing that up, Senator.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford, to close, ma’am.

Thank you, Mr. President. Thank you, Ladies and Gentlemen of the Senate. It was important that we establish that legislative intent. And I want you guys to know that there’s nothing in this bill that allow parents to unilaterally place their children in residential facilities and then make the resident school district liable for the educational costs. That will contradict our intent in passing this legislation. This legislation is limited to agency and court placements. And 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 while a parent must request an IEP meeting after the student has been placed by the agency or court if the placement would entail additional educational services beyond the student’s current IEP, nothing in the statute should be construed to allow parents to unilaterally place their children at residential facilities and then hold the residential district liable for reimbursement of the educational portion of the placement. I appreciate you guys’ indulgence and I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, the question is, shall House Bill 1141 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 1141, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading, Senator Emil Jones, on House Bill 1496. Out of the record. Senator James Clayborne, on 2651, sir. Out of the record. Senator Hunter. Senator Mattie Hunter, on House Bill 2748. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, please read the bill.

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

28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 2748 amends the Code of Corrections regarding reporting orders of protection, mandatory parole violations. This bill basically - better known as the Mercedes McCauley Law, holding offenders accountable and making victims safer - requires that an inmate released on parole to report to the Department of Corrections any orders of protection entered against them. It also requires the Department to issue a parole violation warrant when an inmate released on parole is charged with domestic battery or aggravated domestic battery, stalking or aggravated stalking, a violation of an order of protection, or any offense that may require registration under the Sex Offender Registration Act.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Senator Hunter, to close, ma’am.

I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall House Bill 2748 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 2748, having received the required constitutional majority, is declared passed. We will continue on House Bills 3rd Reading. We will go to the printed Calendar, top of page 12. On the top of page 12 is House Bill 3679. Out of the record. House Bill 4132. Senator James Clayborne. Out 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 of the record. Senator John Sullivan, on House Bill 4179. Out of the record. Senator Jacqui Collins, on House Bill 4191. Out of the record. Senator Martinez, on 4374, ma’am. Out of the record. Senator Koehler, on 4545, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s bill. Oh, just a moment. I believe Senator Koehler is seeking leave of the Body to return this back to 2nd -- to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? The -- Madam Secretary, has there been any -- now on the Order of 2nd Reading is House Bill 4545. Has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Koehler, to Amendment No. 2, sir.

Thank you, Mr. President, Members of the Senate. The Floor Amendment No. 2 adds to the bill a provision amending the County Code in Section of the Special County Retailers’ Occupational Tax for Public Safety or Transportation. It also allows for the funding of public facilities, including museums and nursing homes. The bill allows the county board or {sic} (of) any county to impose a special county retailers’ occupational tax for public facility purposes. I’d appreciate adoption.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the amendment? Seeing none, Senator Koehler moves the adoption of Floor Amendment No. 2 to House Bill 4545. Seeing -- all those in favor will say Aye. All those opposed will say Nay. The Ayes 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading, Senator Koehler, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Koehler, to the bill, sir.

Thank you, Mr. President, Members of the Senate. Let me explain this bill carefully, because there’s a -- a number of parts involved in it. This is essentially the stormwater management Act. Also included in it are amendments that’d create the Illinois Rural Economic Development and Tourism Stimulus Act. It also contains the amendment that we just adopted which is known more generically as the Peoria museum tax, which is permissive. And I can answer any questions. If there is any question specifically about the Illinois Rural Economic Development and Tourism Stimulus Act, I -- I’m going to yield to Senator Luechtefeld because, as a courtesy, I added that amendment onto this bill for him. But I would certainly appreciate the approval of this. 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Althoff, for what purpose do you rise, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question for you, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler.

Thank you. And thank you, Senator, for your question. The TIF specifically is for a biodiesel plant, which is located down in the Mapleton area of Peoria County, which is the site of a Caterpillar foundry plant that has been closed. So this is to stimulate that -- that development there.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Althoff.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler. 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

Yes. Again, thank you for that. Yes, it does. The county board would have to, you know, vote to establish a -- a TIF district anywhere else in the county where they wanted to try to stimulate development.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Althoff.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler.

Thank you, again, for that question. This is on the stormwater management part of that. This is actually modeled after -- after DuPage County, in terms of how they have dealt with stormwater issues. I might add that one of the amendments allows a home rule municipality, which would be the City of Peoria, to opt out if they -- if they want to, and they’ve indicated that they do want to opt out of this, unfortunately, but that’s -- they wanted that in there. This would set up some fees that could be, again, enacted by the county board for the purposes of trying to mitigate any stormwater runoff. Counties, as you know, and cities as well, are under a federal mandate, and -- and -- as passed on by the State as -- as well, to abide by the Clean Water Act. So, we’ve got to come up with strategies in -- in terms of how we’re going to deal with that. 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 In talking to the county administrator this morning, how that would work is that assessments would be made to organizations or residences depending on how much surface area they have that’s either in parking lots or roof areas. And so that those who create more of a problem are -- are going to pay a higher fee. So that’s basically how the fees would work. It’s modeled after -- again, after DuPage County.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Althoff.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler.

Yeah, thank you, again. Yes, there’s the -- a recent -- Amendment No. 2, which was added, is for a specific purpose of creating a tax for the purposes of a museum and/or a nursing home, which the County has identified, that needs to be rebuilt. And that would be, again, a referendum that would be placed on the ballot. So it’d be, you know, subject to voter approval.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Althoff.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler.

Basically, you -- the bonds are going to be secured by the -- the tax itself, so you cannot buy any more bonds than what -- what revenues you have for that. And that’ll be established by the project itself.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Althoff. Senator Althoff.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler.

And thank you for that last comment. That was what we talked abut in committee and, yes, I have committed that we will have a trailer bill to do exactly that. So, thank you.

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

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler.

Yes, that’s my understanding, is that the county board could choose to adopt a TIF if they have another project in another part. But, specifically they have in mind the Mapleton biodiesel plant for this first one. But, yes, on the vote of the county board, they could establish a -- a TIF elsewhere.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.

PRESIDING OFFICER: (SENATOR DeLEO) Seth Perlman of the Associated Press seeking leave of the Body to take still pictures. Seeing no objection, leave is granted. The Daily Herald requests permission to videotape the proceedings. Seeing no objection, leave is granted. And Rick Pearson is seeking leave of the Body to report factually -- seeking leave. Seeing no objection, leave is granted. Senator Koehler.

I -- I may have to ask you what the first part of your question was again. But in terms of the -- in terms of the fees, generally, it’s going to be around four dollars per resident. It’s going to be a -- a -- probably even less. If the city does opt out of this, it means that most of the area that would, say be developed, that would be subject to a higher fee because it has more stormwater runoff, is -- is going to be minimal. This will affect about sixty thousand people, whereas in DuPage County, it affected about a million people. But, again, this is modeled after something that has already been 37  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 tried and worked.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler, to close, sir.

Yes. I’ve -- I’ve appreciated all the questions and -- and all the help from -- from a number of folks on this bill. I’d appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, the question is, shall House Bill 4545 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 41 Ayes, 14 Nays, 1 voting Present. House Bill 4545, having received the required constitutional majority, is declared passed. Senator Meeks, on House Bill 4622, sir. And I believe Senator Meeks, Madam Secretary, is seeking leave of the Body to return House Bill 4622 back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? That’s correct. Madam Secretary, now on the Order of 2nd Reading is House Bill 4622. Has there been any amendments approved for consideration?

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

Thank you so much, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 to House Bill 4622 retains 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 the underlying bill, but deletes the entire Section amending the Illinois Solid Waste Act {sic}.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the gentleman’s amendment? Seeing none, all those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 2 is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading, Senator Meeks, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Meeks, to the bill, sir.

Yes, sir, Mr. President. With Floor Amendment 2, House Bill 4622 will only amend the Environmental Protection Act to include salvaged wood in the definition of recyclable construction debris and to describe the requirements for processing the salvaged wood. Floor Amendment 2 will not change the definition of recycling or make any changes in the Illinois Waste Management Act.

PRESIDING OFFICER: (SENATOR DeLEO) 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, Ladies and Gentlemen, is -- shall -- I’m sorry, Senator Harmon, are you seeking recognition to the bill, sir?

Thank you, Mr. President. To the bill: I just want to thank the sponsor, Senator Meeks, for his late amendment. It brought an agreement with all the environmental advocates, and I appreciate his hard work and patience.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Okay, Ladies and Gentlemen, the question is, shall House Bill 4622 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. House Bill 4622, having received the required constitutional majority, is declared passed. Senator Maloney, on House Bill 4694, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Maloney, to the bill, sir.

Thank you, Mr. President. Last year, we passed a bill that was aimed at preventing some of these unscrupulous towing 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 companies from taking advantage of people. This bill is a follow-up that will clarify some concerns relative to that bill. What this bill does, it excludes new -- new car dealers from the requirements relative to the safety towing law; requires annual cab cards that will be issued by the ICC to ensure that all the tow trucks are licensed; and will also exclude written contracts - for example, from like car rental agencies and motor clubs. Everybody is on board with this bill, including the insurance agency, the towers, the Attorney General, State Farm Insurance, and I would be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Is there any discussion? Senator Lauzen, are you seeking recognition on this bill, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney. 41  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

I’m not aware of any changes in this bill. There was -- there was paperwork in the first bill that was asked for by the towers, which would simply indicate where the -- where the vehicle was being towed and an approximate cost of what it would be.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, Ladies and Gentlemen, the question is, shall House Bill 4694 pass. All those in favor will vote Aye. All those opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. House Bill 4694, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 4723. Senator Emil Jones. Out of the record. Senator Martinez, on House Bill 4879, ma’am. Do you wish to proceed? The lady is seeking leave of the Body to return House Bill 4879 back to the Order of 2nd Reading for the purposes of an amendment. Is that correct, ma’am? Madam Secretary, now on the Order of 2nd Reading is House Bill 4879. Has there been any Floor amendments approved for consideration, Madam Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez, on the amendment, ma’am.

I’m sorry, is that Floor Amendment No. 3 or No. 1? 1 and 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 3. It just -- again, it retains -- it retains Floor Amendment No. 1, but Floor Amendment No. 3 retains the amendment -- retains the bill and it clarifies the affirmative defense that the defendant reasonably believed the child was age thirteen or older does not apply to the expansions of aggravated child pornography provided for under Floor Amendment No. 1.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, the lady moves the adoption to Floor Amendment No. 1 to House Bill 4879. Seeing no discussion, all -- all those in favor of adopting Floor Amendment No. 1 will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Martinez, now to Floor Amendment No. 3, ma’am.

Thank you. As I stated before, Floor Amendment No. 1, now together with Floor Amendment No. 3, actually just defines the bill and just clarifies.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no discussion, the lady has asked for the adoption of Floor Amendment No. 3. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 3 is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 4879. Senator, do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez, to the bill, ma’am.

Thank -- thank you, Mr. President, Members of the Senate. This bill took a lot of work in making sure to make it right. I think I got the input from all the -- the -- the committee members to make sure that this bill just clarifies anything to do with the pornography of a young child. And I’ll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 4879 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. House Bill 4879, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading on the bottom of 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 page 12 is House Bill 4890. Senator Harmon, do you wish to proceed on House Bill 4890, sir? Out of the record. We’ll turn to page 13 of our printed Calendar. On the top of page 13, Senator Harmon, on House Bill 5038. Out of the record. Senator Demuzio, on House Bill 5088, ma’am. Do you wish to proceed? She indicates she does, but I believe the lady is seeking leave of the Body to return House Bill 5088 back to the Order of 2nd Reading for the purpose of an amendment. Madam Secretary, now on the Order of 2nd Reading is -- hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5088. Has there been any amendments approved for consideration?

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

Yes. Thank you, Mr. President and Members of the Senate. Committee Amendment No. 1 is a technical change, changing the date on the bill, 5088, from 2010 to 2011. There are several pieces of -- places in the bill and this is a technical change.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Demuzio moves for the adoption of Floor Amendment No. 1 to House Bill 5088. All those in favor will say Aye. All those opposed will say Nay. The amendment is adopted. The Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. 3rd Reading. Now on the Order of 3rd Reading is House Bill 5088. Do you wish to proceed with the bill at this time? Senator Demuzio.

Yes. I would like to hold the bill for right now.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Thank you. Out of the record. Senator Righter, on House Bill 5121, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Righter, to the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you, Senator. Is there any discussion? Senator Cullerton, are you seeking recognition on this bill, sir?

Yes. I rise in support of the bill. I just wanted to thank Senator Righter for doing that research to verify that. There could be a situation here where a person subject to an order of protection might be the person who’s paying for the health insurance and the goal of the bill is to make sure that that person not have access to the records. And he’s done the research to verify and it’s the legislative intent of this bill 47  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 to make sure that that person, just because they’re paying the - - the health insurance policy, it doesn’t mean that he or she has access to the records. So, with that, I strongly support the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator -- Senator Righter, to close, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 5121 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. House Bill 5121, having received the required constitutional majority, is declared passed. Senator Lightford, on House Bill 5141, ma’am. Do you wish to proceed? Out of the record. Senator Syverson, on 5585, sir. Out of the record. Senator Bond. Senator Bond, on 5618, sir. Out of the record. Senator Halvorson, on House Bill 5773, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, please read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Leader Halvorson, how are you today? 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

I’m great. Thank you, Mr. President. How are you?

PRESIDING OFFICER: (SENATOR DeLEO) Very good. To the bill, ma’am.

House Bill 5773 is what we refer to as the White Goods Recycling Act. Passed out of the House 115 to nothing. And it went through quite a bit of work to get it out of committee. White goods are what we call the washers, the dryers, any other major appliances. And what we did was, is make sure that they don’t go into landfills, because it -- it causes quite a problem. And if they do, that certain parts must be -- the hazardous parts must be removed first.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5773 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. House Bill 5773, having received the required constitutional majority, is declared passed. Senator Trotter, on House Bill 6339, sir. Out of the record. Okay, Ladies and Gentlemen, if I could have your attention, please. We’re going to go to Secretary’s Desk, Concurrence, Senate Bills. We will go to page -- with leave of the Body, we will go to page 21 of your printed Calendar. Page 21. On the top of page 21 are motions to nonconcur, motions to nonconcur for Members who have filed their motions. We will go 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 to Senate Bill 1945. Senator… Correction - I’m skipping the first one - Senate Bill 1939. Senator Maloney. Senator Maloney, on the Order of Concurrence is Senate Bill 1939. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney, to explain your motion, sir.

Thank you, Mr. President. I’m moving to nonconcur relative to the rulemaking language that has been placed on by the House.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing none, Senator Maloney moves to nonconcur in Amendment No. 1 to Senate Bill 1939. All those in favor will say Aye. All those opposed will say Nay. And the Ayes have it, and the motion carried. And the Secretary shall inform the House. Senator John Sullivan, on Senate Bill 1945, sir. We’ll go to Senate Bill 2017. Senator Haine. Senator Haine, on Senate Bill 2017. Out of the record. Leave of the Body, we will go down to the bottom of page 21. It will be Senate Bill 2102. Okay, Ladies and Gentlemen, leave of the Body, we will -- continuing on Secretary’s Desk, Senate Bills, Senate Bill 2071. Senator Koehler, on a motion to nonconcur. Senator Koehler, on a motion to nonconcur, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion. 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler, to your motion, sir.

Yes. Thank you, Mr. President. This nonconcurrence is because of the rules language that has been added.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Koehler moves to nonconcur in House Amendment No. 1 to Senate Bill 2071. All those in favor will say Aye. All those opposed will say Nay. And the motion carries. The Ayes have it, and the motion carries. The Secretary shall inform the House. Senator Koehler, on Senate Bill 2077, sir. On the Order of Concurrence is Senate Bill 2077. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler, to explain your motion, sir.

Yes. Thank you, Mr. President. The same reason, it’s because of the rules language that was added.

PRESIDING OFFICER: (SENATOR DeLEO) 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 Okay. Senator Koehler moves to nonconcur in House Amendment No. 1 to Senate Bill 2077. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the motion carries. And the Secretary shall inform the House. Continuing on Senate Bills, 2102. Senator Brady. Out of the record. On the top of page 22 of your Calendar -- on the top of page 22 of the printed Calendar is Senate Bill 2170. Senator Murphy. Senator Murphy, on… Out of the record. Senator Koehler, on Senate Bill 2187, sir. Now on the Order of Concurrence is Senate Bill 2187. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler, to explain your motion.

Thank you, Mr. President. Again, because of the rulemaking language, I’m asking for nonconcurrence.

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, Senator Koehler moves to nonconcur in House Amendment No. 1 to Senate Bill 2187. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the motion carries. The Secretary shall inform the House. Senator Delgado, on Senate Bill 2199, sir. On the Order of Concurrence is Senate Bill 2199. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Delgado, to explain your motion, sir.

Thank you, Mr. -- thank you, Mr. President, Members of the Senate. On Senate Bill 2199, it’s a -- I want to nonconcur with the -- a nonconcurrence with the House amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Delgado moves to nonconcur in House Amendment No. 1 to Senate Bill 2199. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the motion carries. And the Secretary shall inform the House. Senator Silverstein, on Senate Bill 2210, sir. On the Order of Concurrence is Senate Bill 2210. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Starbucks, to explain your motion.

Do I make you nervous? I just wish to nonconcur with Amendment No. 1, Mr. President. 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008

PRESIDING OFFICER: (SENATOR DeLEO) Senator Silverstein moves to nonconcur in House Amendment No. 1 to Senate Bill 2210. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the motion carries. And the Secretary shall inform the House. Senator Holmes. Senator Holmes, on 2394, ma’am. Now on the Order of Concurrence is Senate Bill 2394. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, please read the lady’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Holmes, to explain your motion, ma’am.

Thank you so much, Mr. President. I wish to nonconcur due to the rulemaking language.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Holmes moves to nonconcur in House Amendment No. 1 to Senate Bill 2394. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the motion carries. And the Secretary shall inform the House. Continuing on nonconcurrences, on the top of page 23 of the printed Calendar is Senate Bill 2581 on the Order of Concurrence. Senator Risinger, do you wish to proceed? Out of -- out of the record. On the Order of Concurrence is Senate Bill 2696. Senator Delgado. Do you wish to proceed on the Order of -- Senator Delgado. …indicates he wishes to proceed. 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Delgado, to explain your motion, sir.

Thank you -- thank you, Mr. President, Members of the Senate. I want to nonconcur. House Amendment No. 1 retains the underlying bill and expressly prohibits the Governor or agencies under the Governor’s jurisdiction from promulgating rules to implement or enforce the provisions of this Act. And therefore, I want to nonconcur.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Delgado moves to nonconcur in House Amendment No. 1 to Senate Bill 2696. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the motion carries. And the Secretary shall inform the House. Okay, Ladies and Gentlemen, for the purposes of an announcement. We’ll go to Supplemental Calendar No. 1. It’s been printed and distributed. It should be on the Members’ desks. This is the Order of Concurrence. We’ll go to -- our first bill will be Senate Bill 546. Senator Cullerton moves to -- so we’re on the Order of Concurrence. Senate Bill 546. Senator Cullerton, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, how are you today?

Yes. Thank you, Mr. President, Members of the Senate. This is an initiative of -- initially of the Cook County State’s Attorney’s Office and it resulted in an agreed bill that was negotiated last year and it’s basically a three-year pilot project to see how this works. It amends the Notary Public Act and requires that a notarial record be kept, just in -- just in Cook County, for documents of conveyance, where we transfer residential property. And it shall be -- this record shall be kept along with thumbprints of -- or a fingerprint of the grantor, as well as the description of identification presented for satisfactory evidence of the identity of the person whose signature for which the notary is attesting. The people involved in agreeing to this included not only the State’s Attorney, but also the title insurance companies, the Community Bankers Association, the Realtors, the Illinois State Bar, the League of Financial Institutions, the mortgage brokers, the Secretary of State, the credit unions. They’re all in favor of the bill. There’s no opposition, and I would ask for an Aye vote. And I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 546. All those in favor will 56  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 546 -- the Senate concurs in House Amendment No. 1 to Senate Bill 546, and having received the required three- fifths majority -- having received the required constitutional majority, is declared passed. Continuing on our Supplemental Calendar is Senate Bill 1879. We’re on the Order of Concurrence -- is Senate Bill 1879. Senator Collins, do you wish to proceed, ma’am? She indicates she wishes to proceed. Madam Secretary, please read the lady’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Collins, to the motion, ma’am.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. As -- what we have here is a marriage of House Bill 838 and Senate Bill 1879. Senate Bill 1879 passed out of the Senate unanimously and basically what that did was to increase civil penalties for violations relating to real estate transactions and financial credit. House Bill 838 is an initiative of the Attorney General’s Office and the initiative is intended to help families stay in their homes by making sure they understand and are able to exercise their rights under Illinois law while facing foreclosure. The language has been agreed upon by all 57  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 the parties. There is no opposition and I ask for your support.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, once again, this is final action. The question is, shall the Senate concur in House Amendment No. 3 to Senate Bill 1879. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. There are 56 Ayes, 0 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 3 to Senate Bill 1879. And the bill, having received the required constitutional majority, is declared passed. Continuing on motions to concur is Senate Bill 2380. Senator Schoenberg, do you wish to proceed? He indicates on the Order of Concurrence, Senator Schoenberg does -- would like to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg, to explain your motion, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 2 represents a -- an innovative and landmark agreement that was negotiated between Attorney General Lisa Madigan and the Illinois Hospital Association. Essentially, what this does is prevent what has -- the 58  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 historical practice of charging uninsured patients much higher rates for hospital services than insured patients. According to recent studies which have been done, the uninsured pay over two hundred percent more, roughly, for their health care, because they don’t have the capacity to negotiate collectively on bringing the rates down the way that public insurance, such as Medicaid/Medicare, do or private insurance companies. There are some income requirements in this negotiated agreement as well. And I’d be happy to answer any questions. I just want to point out that the underlying bill, which helped the CHIP program comply with some federal guidelines, remains in the -- in the -- in the body of this bill as well.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 2380. All those in favor will vote Aye. All those 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, Madam Secretary. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2380 -- the Senate concurs in the House amendment to Senate Bill 2380. And the bill, having received the required constitutional majority, is declared passed. Madam Secretary… That completes the Supplemental Calendar No. 1. Madam Secretary, Messages, please.

PRESIDING OFFICER: (SENATOR DeLEO) Can I have all the Members’ attention, please, for the purposes of an announcement? The Senate will stand in recess to the call of the Chair. We’ll respectively be back here approximately -- approximately about 4 o’clock this afternoon. We will be doing substantial Senate final action business this afternoon or this evening. So I’d ask all Members, please, to stay close. The Senate will stand in recess to the call of the Chair. 60  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) Senate will come to order. Madam Secretary, Messages, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Patrick Keating at WLS television in Chicago seeking permission to videotape the proceedings. Seeing no objection, leave is granted. Catie Sheehan and Mike Brooks of WICS, here in Springfield, also seeking permission to videotape the proceedings. Seeing -- seeing no objection, leave is granted. Ladies and Gentlemen, Ladies and Gentlemen, for purposes of an announcement. All 63  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 Members within the sound of my voice, please come to the Senate Floor. We have a -- I’d ask for a Rules Committee meeting immediately in the President’s Anteroom. All Members of the Rules Committee, please report to the President’s Anteroom immediately. Thank you. (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) Senate will come to order. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Hunter, for what purpose do you seek recognition, ma’am?

For a point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) Well, it’d be a pleasure. Please state your point, ma’am.

65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 Thank you. I have in the President’s Gallery a guest visiting here from Lexington, Kentucky. His name is Mr. Stanley Williams, and also visiting from Chicago is Reverend Marrice Coverson. So I’d like to welcome them.

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests please rise and be recognized? And welcome to the Illinois State Senate. Welcome. Okay, Ladies and Gentlemen, for purposes of an announcement, I need your attention, please. We’re going to announce some committees. This evening, Executive will meet in Room 212 at 10:25 sharp. 10:25 sharp, Executive, in Room 212. Appropriation I -- Appropriation I will meet at 10:40, at 10:40 p.m. this evening, in Room 400. That’s this evening. Executive, repeat, at 10:25 p.m. Appropriations I, Room 400, at 10:40 this evening. Ladies and Gentlemen, for the purposes of announcement, tomorrow morning -- tomorrow morning committees: At 9 a.m. -- at 9 a.m., we will have Judiciary-Civil Law. At 9:30, Judiciary-Criminal Law. At 10 o’clock, Pensions and Investments. At 10:15 -- at 10:15, State Government and Veterans Affairs will meet. At 10:30 -- 10:30 tomorrow morning, Licensed Activities will be meeting. At 10:45, Financial Institutions. They’ll be meeting in their regularly scheduled rooms. Also, there’s two other committee announcements. Public Health will be at 9 a.m. tomorrow morning. And Local Government at 9 a.m. Also, committee at 10:30 tomorrow morning in Room 400 - at 10:30 tomorrow morning, Education will meet in Room 400. Okay, Ladies and Gentlemen, that will complete our Floor action for today. The -- the Members that -- once again, Executive at 10:25 this evening in Room 212, Appropriation I at 10:40 in Room 400. 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 165th Legislative Day 5/30/2008 Ladies and Gentlemen, there will be no further business to come before the Senate. The Senate stands adjourned until the hour of 11 a.m. on Saturday, May 31st, the year 2008. The Senate stands adjourned. 67