PRESIDING OFFICER: (SENATOR SCHOENBERG) The regular Session of the 96th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the gallery please rise? The invocation will be given today by Pastor Jeff Smith of the Modesto Christian Church, in Modesto, Illinois. Pastor Smith.
(Prayer by Pastor Jeff Smith)
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR SCHOENBERG) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Tuesday, May 12th, 2009.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal of Tuesday, May 12th, 2009, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Committee Reports.
Senator Maloney, Chairperson of the Committee on Higher 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Education, reports House Bill 2352 Do Pass.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Madam Secretary, Resolutions.
Senate Resolution 274, offered by Senator Althoff and all Members. Senate Resolution 275, offered by Senator Althoff and all Members. Senate Resolution 276, offered by Senator Haine and all Members. Senate Resolution 277, offered by Senator McCarter and all Members. They’re death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Resolutions Consent Calendar.
Senate Resolution 272, offered by Senator Syverson. And Senate Resolution 273, offered by Senator Holmes. They’re substantive.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Will the members of the Committee… We’re taking a TV time-out. The Senate will stand at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senate will come to order. The Lady from McHenry, Senator 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Althoff, for what reason do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
Thank you. I have several announcements that I would like to make this morning. First, I would like to recognize, in the gallery directly behind the President’s Podium, the American Pacific -- no, it’s -- pardon me. I think it’s the American Pacific Asian Advisory Council. They’re here today. I understand they’re having lunch with Mr. Secretary this afternoon. And also two of my additional friends from Turkey will be joining you at lunch. But we’d like to welcome you to the Senate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Will our guests in the galleries please rise for a warm Senate greeting? Senator Althoff, you said you had a laundry list.
I -- I do. Thank you for being so kind. I also have with me -- you’ll remember, we went to Turkey, many of us here in the General Assembly, last year. We’re going again. Last evening we had the Niagara Foundation reception. And I have with me today the President of the Turkish American Chamber of Commerce, who was also one of our guides. And I also have with me the Associate Director of the Niagara Foundation. So, can we welcome Suleyman and Hilmi to the Senate Floors, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Welcome to the Senate today. Thank you, Senator Althoff. Senator Lauzen, for what reason do you seek recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) State your point, sir.
I would just like to introduce my Page for a Day, Laura Rovi, of Elmhurst, Illinois, who is here today with her younger brother, Nick, and her mom, Peg Rovi, who are in the gallery up in that area of the Chamber. So I just ask the Senate to welcome the Rovi family.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Let’s give the Rovi family a warm Senate greeting. The Senate will now stand at ease for a few minutes to allow the Committee on Assignments to meet. The members of the Committee on Assignments please come to the President’s Anteroom immediately. The Senate will stand at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senate will come to order. Committee Reports, Madam Secretary.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Criminal Law Committee - Floor Amendment 2 to House Bill 10, Floor Amendment 3 to House Bill 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 445, Floor Amendment 3 to House Bill 699, Floor Amendment 2 to House Bill 1057, Floor Amendment 2 to House Bill 1110, Floor Amendment 2 to House Bill 2537, Floor Amendment 1 to House Bill 2660, Floor Amendment 1 to House Bill 4124 and Floor Amendment 2 to House -- to Senate Bill 1050; refer to the Elections Committee - Floor Amendment 1 to House Bill 723 and Floor Amendment 1 to House Bill 3785; refer to the Environment Committee - Floor Amendment 1 to House Bill 4021; refer to the Executive Committee - Floor Amendment 1 to House Bill 182, Floor Amendment 2 to House Bill 182, Committee Amendment 1 to House Bill 344, Floor Amendment 1 to Senate Bill 2231, Floor Amendment 1 to House Bill 3991; refer to the Gaming Committee - Floor Amendment 1 to House Bill 467 and Floor Amendment 1 to Senate Bill 744; refer to the Higher Education Committee - Floor Amendment 2 to House Bill 1143, Floor Amendment 1 to -- to House Bill 2686; refer to the Human Services Committee - Floor Amendment 1 to House Bill 976 and Floor Amendment 1 to House Bill 562; refer to the Insurance Committee - Floor Amendment 2 to House Bill 927; refer to the Judiciary Committee - Floor Amendment 3 to House Bill 2335, Floor Amendment 1 to House Bill 2246 and Floor Amendment 1 to House Bill 3690; refer to the Licensed Activities Committee - Floor Amendment 1 to House Bill 2440, Floor Amendment 2 to House Bill 3874 and Floor Amendment 3 to House Bill 3874; refer to the Local Government Committee - Floor Amendment 1 to House Bill 621, Floor Amendment 2 to House Bill 621 and Floor Amendment 1 to House Bill 1306; refer to the Pensions and Investments Committee - Floor Amendment 1 to Senate Bill 552; refer to the Public Health Committee - Floor Amendment 1 to House Bill 3649, Floor Amendment 1 to House Bill 3994 and 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Floor Amendment 2 to House Bill 3922; refer to the Revenue Committee - Floor Amendment 1 to House Bill 3664 and Floor Amendment 1 to Senate Bill 451; refer to the State Government and Veterans Affairs Committee - Floor Amendment 2 to House Bill 489, Floor Amendment 1 to House Bill 4205 and Committee Amendment 2 to Senate Joint Resolution 30; refer to the Transportation Committee - Floor Amendment 1 to House Bill 353, Floor Amendment 2 to House Bill 353, Floor Amendment 1 to House Bill 797, Floor Amendment 2 to House Bill 797, Floor Amendment 3 to House Bill 797, Floor Amendment 1 to House Bill 2433, Floor Amendment 2 to House Bill 2625, Floor Amendment 1 to House Bill 3325, Floor Amendment 1 to House Bill 4048 and Floor Amendment 2 to House Bill 4048. Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you, Madam Secretary. Before we proceed to House Bills 2nd Reading, wish to make some committee announcements. At 10:50 a.m., Public Health Committee will meet in Room 212. At 10:50 a.m., Elections will meet in Room 400. At 10:50 a.m. - that’s ten minutes to 11 - Agriculture and Conservation in Room 409. At 11:10 a.m., Human Services will meet in 212, Judiciary will meet in 400, and Higher Education will meet in Room 409. At 11:40 a.m., Transportation will meet in Room 400, Education will meet in 409. At 12:20 p.m., Judiciary will -- I’m sorry, Criminal Law will meet in Room 212; Environment, Room 400; and Local Government, Room 409. In addition, at 12:20 p.m. {sic}, Pensions and Investments will meet in Room 409 immediately after Local Government. The balance of the schedule is -- for committees at 1:20 p.m., Insurance will meet in Room 400, State 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Government and Veterans Affairs will meet in Room 409. At 1:40 p.m., Gaming will meet in Room 400, Commerce will meet in Room 409. At 2 p.m., Executive will meet in 212, Revenue in Room 400, Licensed Activities in Room 409. We will now proceed to the Order of House Bills 2nd Reading. House Bills 2nd Reading. Top of the page, page 86. House Bill 3729. Senator Murphy. Out of the record. House Bill 3730. Senator Murphy. Madam Secretary, please read the bill.
House Bill 3730. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3731. Senator Murphy. Madam Secretary, please read the bill.
House Bill 3731. (Secretary reads title of bill) 3rd -- 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3746. Senator Koehler. Madam Secretary, please read the bill.
House Bill 3746. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. With leave of the Body, we’ll come back to House Bill 3767. House Bill 3776. Senator Link. Senator Terry Link. Madam Secretary, please read the bill.
House Bill 3767. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Have there been any Floor amendments approved for consideration?
Excuse me, Mr. President. House Bill 3776. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you, Madam Secretary. Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3779. Senator Rutherford. Madam Secretary, please read the bill.
House Bill 3779. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health adopted 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Amendment 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3785. Senator Althoff. Senator Althoff, 3785. Out of the record. House Bill 3787. Senator Althoff. Senator Althoff. Out of the record. House Bill 3794. Senator Harmon. 3794. Madam Secretary, please read the bill.
House Bill 3794. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. At the bottom of page 86 on your Calendar, House Bills 2nd Reading. House Bill 3795. Senator Hunter. Senator Mattie Hunter. Madam Secretary, please read the bill.
House Bill 3795. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. We now proceed to the top of page 87 on your Calendar. House Bills 2nd Reading. House Bill 3828. Senator Althoff. Out of the record. House Bill 3832. Senator Sullivan. Madam Secretary, please read the bill. 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
House Bill 3832. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Amendment 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any -- are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3843. Senator Harmon. Madam Secretary, please read the bill.
House Bill 3843. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3844. Senator Harmon. Madam Secretary, please read the bill.
House Bill 3844. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3854. Senator Clayborne. Majority Leader Clayborne. Mr. Clayborne. Out of the record. 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 House Bill 3859. Senator Harmon. Madam Secretary, please read the bill.
House Bill 3859. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3863. Senator Collins. Senator Jacqui Collins. Madam Secretary, please read the bill.
House Bill 3863. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3872. Senator Link. Madam Secretary, please read the bill.
House Bill 3872. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) There been any Floor amendments approved for consideration? 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3874. Senator Lightford. Madam Secretary, please read the bill.
House Bill 3874. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3877. Senator Haine. Madam Secretary, please read the bill.
House Bill 3877. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3878. Senator Forby. Senator Gary Forby. Madam Secretary, please read the bill.
House Bill 3878. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health adopted 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3885. Senator Millner. Madam Secretary, please read the bill.
House Bill 3885. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3889. Senator Rutherford. Madam Secretary, please read the bill.
House Bill 3889. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. At the bottom of page 87 on your Calendar, House Bills 2nd Reading. House Bill 3897. Senator Demuzio. Madam Secretary, please read the bill.
House Bill 3897. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. We’ll now move to the top of page 88. House Bills 2nd Reading. Top of the page. House Bill 3918. Senator Wilhelmi. Madam Secretary, please read the bill.
House Bill 3918. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3922. Senator Hunter. Senator Mattie Hunter. Madam Secretary, please read the bill.
House Bill 3922. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3925. Senator Trotter. Madam Secretary, please read the bill.
House Bill 3925. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3934. Senator Raoul. Senator Raoul. Out of the record. House Bill 3950. Senator Holmes. Madam Secretary, please read the bill.
House Bill 3950. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …Reading. House Bill 3956. Senator Sullivan. Senator John Sullivan. 3956, sir? Madam Secretary, please read the bill.
House Bill 3956. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3961. Senator Lightford. Madam Secretary, please read the bill.
House Bill 3961. (Secretary reads title of bill) 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3964. Senator Raoul. Senator Raoul. Madam -- out of the record. House Bill 3967. Senator Mattie Hunter. Senator Mattie Hunter. Madam Secretary, please read the bill.
House Bill 3967. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3970. Senator Kotowski. Senator Kotowski, on 3970. Out of the record. House Bill 3971. Senator Kotowski. Out of the record. House Bill 3972. Senator Jones. Madam Secretary, please read the bill.
House Bill 3972. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. We’ll now proceed to the top of page 89 on your Calendar. Top of page 89. House Bills 2nd Reading. House Bill 3974. Senator Delgado. Madam Secretary, please read the bill.
House Bill 3974. 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3981. Senator Righter. Madam Secretary, please read the bill.
House Bill 3981. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Human Services adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3982. Senator Meeks. Senator Meeks. Out of the record. House Bill 3986. Senator Harmon. Madam Secretary, please read the bill.
House Bill 3986. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 3rd Reading. House Bill 3987. Senator Harmon. Madam -- oh! Out of the record. House Bill 3990. Senator Collins. Senator Jacqui Collins. Madam Secretary, please read the bill.
House Bill 3990. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3994. Senator Sullivan. Senator John Sullivan. 3994. Madam Secretary, please read the bill.
House Bill 3994. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3995. Senator Steans. Senator Steans. Structural pest control. Madam Secretary, please read the bill.
House Bill 3995. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 3999. Senator Martinez. Madam Secretary, please read the bill.
House Bill 3999. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4008. Senator Martinez. Madam Secretary, please read the bill.
House Bill 4008. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. At the bottom of page 89 on your Calendar. House Bill 4011. Senator Raoul. Senator Raoul, House Bill 4011. Out of the record. Now move to the top of page 90 on your Calendar. House Bills 2nd Reading. House Bill 4013. Senator Haine. Senator Haine, 4013. Madam Secretary, please read the bill.
House Bill 4013. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 3rd Reading. House Bill 4021. Senator Garrett. Senator Garrett. Out of the record. House Bill 4027. Senator Sandoval. Senator Sandoval. Madam Secretary, please read the bill.
House Bill 4027. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4030. Senator Frerichs. Madam Secretary, please read the bill.
House Bill 4030. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4035. Senator Steans. Senator Steans. Madam Secretary, please read the bill.
House Bill -- House Bill 4035. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4036. Senator Linda Holmes. Madam Secretary, please read the bill.
20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 House Bill 4036. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4038. Senator Frerichs. 4038. Madam Secretary, please read the bill.
House Bill 4038. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4039. Senator McCarter. McCarter, 4039. Madam Secretary, please read the bill.
House Bill 4039. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4048. Senator Hultgren. Madam Secretary, please read the bill.
House Bill 4048. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 3rd Reading. House Bill 4049. Senator Noland. Madam Secretary, please read the bill.
House Bill 4049. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4051. Senator Harmon. 4051. Madam Secretary, please read the bill.
House Bill 4051. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4054. Senator Hunter. Senator Mattie Hunter. 4054. Madam Secretary, please read the bill.
House Bill 4054. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Human Services adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Have there been any Floor amendments approved for consideration, Madam Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 3rd Reading. At the bottom of page 90 on your Calendar. House Bill 4066. Senator Silverstein. Madam Secretary, please read the bill.
House Bill 4066. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. We’ll now proceed to the -- the top of page 91 on your Calendar. Top of page 91. House Bills 2nd Reading. House Bill 4075. Senator Righter. Madam Secretary, please read the bill.
House Bill 4075. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4077. Senator Frerichs. 4077. Madam Secretary, would you please read the bill?
House Bill 4077. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4078. Senator Link. Madam Secretary, please read the bill. 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
House Bill 4078. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4081. Senator Mattie Hunter. 4081. Madam Secretary, please read the bill.
House Bill 4081. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4088. Senator Harmon. 4088. Out of the record. House Bill 4094. Senator Maloney. Madam Secretary, please read the bill.
House Bill 4094. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4096. Senator Hultgren. Madam Secretary, please read the bill.
House Bill 4096. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4098. Senator Linda Holmes. Madam Secretary, please read the bill.
House Bill 4098. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4099. Senator Demuzio. Madam Secretary, please read the bill.
House Bill 4099. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …there any Floor -- have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4117. Senator Althoff. Senator Althoff. Madam Secretary, please read the bill.
House Bill 4117. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4120. Senator Kotowski. Senator Kotowski. Out of the record. 4122. House Bill 4122. Senator Linda Holmes. Out of the record. House Bill 4124. Senator Delgado. 4124. Madam Secretary, please read the bill.
House -- House Bill 4124. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. On the bottom of page 91 on your Calendar, House Bills 2nd Reading. House Bill 4154 {sic}. Senator Pankau. Madam Secretary, please read the bill.
House Bill 4151. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. We’ll now proceed to the top of page 92 on your Calendar. The top of page 92. House Bills 2nd Reading. Begin with House Bill 4153. Senator Luechtefeld. Senator Luechtefeld. Out of the record. House Bill 4169. Senator Risinger. Senator Dale Risinger. Madam Secretary, please read the bill.
House Bill 4169. 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4173. Senator Hultgren. Madam Secretary, please read the bill. House Bill 4173, out of the record. House Bill 4177. Senator Koehler. Senator Dave Koehler. Madam Secretary, please read the bill.
House Bill 4177. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4186. Senator Mattie Hunter. Madam Secretary, please read the bill.
House Bill 4186. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4197. Senator Hutchinson. Madam Secretary, please read the bill. 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
House Bill 4197. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4198. Senator Frerichs. Madam Secretary, please read the bill.
House Bill 4198. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4199. Senator Lauzen. Madam Secretary, please read the bill.
House Bill 4199. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …Reading. House Bill 4205. Senator Sullivan. Senator John Sullivan, 4205. Out of the record. House Bill 4212. Senator Althoff. 4212. Madam Secretary, please read the bill.
House Bill 4212. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4213. Senator Kotowski. Senator Kotowski. Madam Secretary, please read the bill.
House Bill 4213. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4223. Senator Luechtefeld. Senator Luechtefeld. Out of the record. We’ll now proceed to the Order of House Bills 2nd Reading, top of page 93 on your Calendar. Beginning with House Bill 4236. Senator Sullivan. Senator John Sullivan, 4236. Madam Secretary, please read the bill.
House Bill 4236. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4237. Senator Demuzio. Madam Secretary…
House Bill 4237. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1. 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4241. Senator Haine. 4241. Madam Secretary, please read the bill.
House Bill 4241. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4242. Senator Demuzio. Madam Secretary, please read the bill.
House Bill 4242. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4245. Senator McCarter. Madam Secretary, please read the bill. 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
House Bill 4245. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4251. Majority Leader Clayborne. Senator Clayborne. Out of the record. House Bill 4318. Senator Bond. Senator Bond. Out of the record. House Bill 4326. Senator Viverito. Madam Secretary, please read the bill.
House Bill 4326. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4327. 4327. Senator Sandoval. Madam Secretary, please read the bill.
House Bill 4327. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. With leave of the Body, we’re going to return to page 86 on your Calendar. Page 86 on your Calendar. Toward the bottom of the page. House Bill 3787. Senator Althoff. Madam Secretary, please read the bill.
31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 House Bill 3787. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. With leave of the Body, we’ll -- we will return to page 87 on your Calendar. House Bill -- top of the page. House Bill 3828. Senator Althoff. 3828. Madam Secretary, please read the bill.
House Bill 3828. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. The Chair wishes to announce a clarification. Correction on the schedule for this afternoon. The Pensions and Investments Committee is not meeting at 12:20, but rather at 1 p.m. So, at 1 p.m., Pensions and Investments, chaired by Senator Raoul, will be meeting in Room 409. Before we proceed to the Order of House Bills 3rd Reading, Chair has a couple of announcements. The first is, wish to notify the Members that following our taking leave to go to committee, we will be returning to the House Floor -- I’m sorry, to the Senate Floor. All right. I’ll run a few laps around the Capitol. How’s that? We’ve got -- we’re going to return -- I guess that chip didn’t entirely come out. So, we’ll be returning to the Senate Floor. We’re here in the Illinois Senate today, where I’ve been for the last seven years now. So, we’ll be returning to the Senate 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Floor for 3rd Reading final action after committees. So, if everybody could please return after committees, we’d certainly appreciate it. Want to make you aware of that. Also, want to - - wish to tell you that as we proceed through the Calendar on 3rd Reading that we will be deliberately skipping some bills on 3rd Reading. The reason why we are doing so is that those bills are tentatively on the list that is being negotiated for a possible agreed list between the majority and minority parties. So, if we -- if you are here and we skip over your bill, that’s the reason why. Having said that, we will now proceed to page 49 on your Calendar. House Bills 3rd Reading. House Bill 30. Senator Koehler. Senator Koehler, do you wish to proceed? Gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 30. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Koehler.
Yes, thank you, Mr. President, Members of the Chamber. House Bill 30 requires that the Department of Children and Family Services to implement a program specifically aimed at supporting the families of children with pervasive developmental disorders. The program will be for families experiencing extreme hardships and only if services are determined to be necessary for the health and safety of the child. The Department shall also implement a public awareness campaign 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 about these special family services. Families participating in the need -- need not be involved in DCFS child welfare system and participation is voluntary. So, I’d appreciate support on this bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Koehler, you wish to close?
Just ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. The question is, shall House Bill 30 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 56 -- there are 56 voting Aye, none voting Nay, none voting Present. House Bill 30, having received the required constitutional majority, is hereby declared passed. House Bill 35. Senator Garrett. Senator Garrett. Out of the record. House Bill 36. Senator Sullivan. Senator John Sullivan, do you wish to proceed? Madam Secretary, the gentleman wishes to proceed. Please read the bill.
House Bill 36. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Thank you, Mr. President. House Bill 36 amends the State 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Finance Act to require 9.25 million in FY’09 budget relief funds. Give me just a second, Mr. President. Can I hold on just one second?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Mr. Sullivan.
Thank you. I stand corrected. I want to start over. House Bill 36 has the effect of disallowing future transfers out of six DNR funds, such as the Fish and Wildlife Endowment Fund, the Illinois Habitat Fund, State Migratory Waterfowl Stamp Fund, the State Pheasant Fund, the Wildlife and Fish Fund, and the Illinois Habitat Endowment Trust Fund. The federal government had indicated that the sweep of those funds was not allowed and we have since put the money back in. This would disallow any future transfers.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Sullivan, do you wish to close?
Just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 36 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, we have 56 voting Aye, none voting Nay, none voting Present. House Bill 36, having received the required -- required constitutional majority, hereby declared passed. House Bill 38. Senator Noland. Senator Noland, do you wish to 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 proceed? The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 38. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Thank you, Mr. President. House Bill 38 creates a fire station revolving loan program for the administration by the Illinois Finance Authority and the State Fire Marshal, similar to the existing fire truck revolving loan program. What this is -- allows is the simple -- simple borrowing of money at zero interest for our fire protection services. It’s a darn good bill. It’s passed unanimously out of the House, out of committee. I know of no opposition. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Any discussion? Senator Dahl.
Thank you, Mr. President. To the bill: This bill passed out of Local Government unanimously, but I’d also just like to point out that it is subject to appropriations. So, you know, we all support the fire departments, but we got to get the money first.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Seeing none, Senator Noland, to close. 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank you. I just urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 38 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 voting Aye, 1 voting Nay, 1 voting Present. House Bill 38, having received the required constitutional majority, hereby declared passed. House Bill 43. Senator Steans. Do you wish to proceed? The lady wishes to proceed. Madam Secretary, please read the bill.
House Bill 43. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Steans.
Yeah. House Bill 43 amends the Vehicle Code Act to hold that when traffic signals are not in place in a crosswalk, vehicles must stop and yield to a pedestrian that’s in the crosswalk. This came from the Active Transportation Alliance. In 2007, there were a thousand pedestrian deaths, and this will help police better enforce cars coming to a stop at crosswalks and hopefully prevent some of these pedestrian deaths that have been occurring.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Bomke. 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank you, Mr. President. To the bill: This was fairly controversial in committee. I just want to point that out to -- to our side of the aisle. I did vote for it in committee and probably will on the Floor, but just to make certain that our side of the aisle is aware that it was somewhat controversial. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Righter, for what purpose do you seek recognition?
Inquiry -- I mean -- I’m sorry. Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Lady indicates that she’ll yield.
Thank you. Senator Steans, would you like to give the Chamber your view of the controversy in committee on this bill?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Steans.
Well, the last time it came, there was no real discussion. So it’s going back a little while, so forgive me if my memory’s a little faulty on it. My sense was they were concerned about how does this, in fact, help enforcement on the crosswalks. My sense is, I know the Chicago police have been setting up sting operations where there’s problems. They do advance notification. And it’s much harder -- easier to enforce. When it’s just a yield, it’s harder to know if the car is yielding 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 for a pedestrian, where -- when the rule now is stop and yield, it’s much easier to understand if there’s an enforcement. Now, there may have been some issues about where this would -- happening, too. And it’s only at crosswalks that currently exist and those -- there’s not many crosswalks on State roads. And I think there have been some concerns about that as well.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter, any further questions? Senator Millner, for what purpose do you seek recognition?
Thank you, Mr. President. I see two sides to this bill. I -- I see it’s a well-intended piece of legislation. Hopefully, this will save lives. But I want to explain my No vote. That is, that people in some of these areas, for example at Loyola University where they had a problem, they’d step into the crosswalk, cars don’t stop. Now, this law would say they have to stop if anybody steps into the crosswalk. The problem is, how do we notify drivers throughout the State of Illinois to make sure they all know that? So, if -- in other words, people at Loyola University know it’s the law, so they just walk on into the crosswalk; but the drivers don’t know it’s a law, so they go flying through and now we get additional pedestrians hit. So that’s the downside. The upside of the bill is it makes it a lot easier for law enforcement to enforce. For example, if somebody steps into the crosswalk, if a vehicle doesn’t stop, now they can issue a ticket if -- if this law passes. Currently, if they step into the crosswalk, they really can’t issue the ticket unless it’s such a close call or they actually hit the pedestrian. But on balance, looking at both 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 sides of this, I don’t know how we can’t get the motoring -- the driving public, the information to know they must stop, and I’m worried that might put pedestrians at risk. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Risinger, for what purpose you seek recognition?
Yeah, to the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.
You know, just to add a little bit to the discussion that - - that took place in committee, one of the concerns is that right now people aren’t alert to stopping at these crosswalks. We think there is a -- a real possibility for increased rear-end accidents that could happen. But even beyond that, there’s also a question -- you know, there’s -- there’s not any question at all about if you leave the curb and go into a crosswalk, but there’s a lot of rural areas on rural roads that don’t have curbs that have crosswalks. And there’s a real question about when you enter the crosswalk and how -- how close the enforcement’s going to be. You know, is that first step on the grass or -- or on the sidewalk, is that into the crosswalk? So there’s a real interpretation about when you are in the crosswalk. But I think there’s real -- real concern about rear- end accidents; if you have people on a State highway that comes up to a crosswalk and just stops and then, boom, somebody hits ‘em in the -- in the back end. So, there -- those are the concerns.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Is there any further discussion? Any further discussion? Senator Righter, for a second time.
Thank you, Mr. President, for your indulgence and recognizing me again. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) The lady indicates that she’ll yield.
Thank you. Senator -- and I apologize; I know this is my second time on my feet on this issue. But after listening to the discussion and looking at the bill a little more, it’s my understanding - I want -- I want to make sure that I’m clear on this - that this would -- this -- if this were to become law, it would say that motorists must stop at an intersection at which there is no signal indicating that they have to stop. Is that a fair characterization of what the law would be?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Steans.
Only if a pedestrian is present in the crosswalk.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
And the law now says that a motorist must yield, which means not necessarily stop, but must yield if there’s a pedestrian in the crosswalk. Is that -- is that correct?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Steans.
41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Correct.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Following up on Senator Millner’s comments, how do you expect the motorist to know now that the rule has changed if there’s nothing at the intersection that would indicate the law has changed? I mean -- and let me give you a hypothetical. An individual approaches an intersection such as what would be covered under this bill, slows down appropriately, the pedestrian makes their way across the street, they never come to a complete stop, but they clearly slow down enough to where there’s -- the pedestrian is put in no danger and then proceeds on. Under -- even though they have done their due diligence in making sure the pedestrian was placed in no harm, they’ve still violated the law under this bill. Is that correct?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Steans.
There’s -- yeah. My -- my understanding is that that could be the case. But -- but here’s the -- the thing with -- my -- my response to that is, though, that right now the law currently is they must yield if a pedestrian is there. One, this isn’t changing -- I mean, that law already exists. And I don’t think there’s a whole lot of education on that. I think educating motorists that if there’s a pedestrian there, you must stop, is a lot cleaner and easier than you must yield if there’s somebody present. So, you know, I think there can be a lot clearer communication on this than a yield and stop. It’s cleaner all 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 around, I believe, for both the motorist and the enforcement side of it. I understand Senator Millner’s point on that, but I think it’s cleaner on both fronts to do it this way.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Koehler.
Yes, thank you, Mr. President, Members of the Senate. To the bill: I think this is a good bill and -- and the reason is that it clears up some ambiguities that exist right now. There’s a crosswalk that is on Jefferson as I come into the Capitol each morning and often there are pedestrians that step off the curb into that crosswalk. Now, what is the expectation of the pedestrian, as opposed to the expectation of the -- of the driver? I mean, I think we’re unclear on this, because -- we’ve also got a crosswalk near my house that goes into a park. Now, I know that when women have baby carriages and go across, most drivers think, well, yeah, we should stop. If you’re not with a baby carriage, then it’s, well, I guess it’s kind of optional whether we stop or not. I mean, this is very unclear. In California, when I first went out there as an adult, they have laws like this that they enforce, and to my surprise, when I stepped off the curb on Wilshire Boulevard in a crosswalk, six lanes of traffic stopped. No one got rear-ended. I got to safely cross the street and there was an expectation there that the safety of the pedestrian came first. I think we need to make this crystal clear. And we can always use signage; we can always use, when people go to get their driver’s license renewed, this as part of the test. I think this is a good bill 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 because it clears up something right now that no one understands.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.
To the bill…
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.
Mr. President, Ladies and Gentlemen of the Senate. I agree with the last distinguished speaker and with the sponsor of the bill. It’s a reasonable regulation. I accept some of the -- the comments about how does one enforce it in rural areas, but it seems to me that could be done by signage and the common sense of pedestrians. I believe that the -- the sponsor has introduced this bill to alleviate a problem in the -- the urban areas, where the traffic just refuses to stop. I presume that’s the -- the gist of the bill and I think that’s a reasonable bill for her area. Signage and common sense can alleviate the risk in other areas. Certainly someone behind an automobile should be on the lookout for anyone who may be in the roadway, irrespective of this statute, given the fact that they are -- someone on foot is at a distinct disadvantage from an automobile -- with -- with a collision with an automobile. So I think it’s a reasonable bill. I would urge support for it and will let the experts in law enforcement and the engineers work out some of the kinks in it. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any further discussion? Any further 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 discussion? Senator Rutherford.
Mr. President, thank you. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Lady indicates that she’ll yield.
Thank you, Senator Steans. Out of the -- the thousand deaths that you reported, how many of those were in the City of Chicago?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Steans.
Gosh, I don’t know if I have the number. And I’m sorry, it was a hundred and seventy-two that were killed and it was a thousand one hundred who were seriously injured. So I misread that. I apologize for that. They are around the State. I can’t tell you the percent though. I do know they’re statewide. But, I’m -- I’m sorry, I don’t know the breakout on Chicago versus downstate. But it -- but it certainly is a statewide issue.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Rutherford.
Thank you, Mr. President. Senator Steans, the -- I mean -- realizing this is a statewide issue, but I would have to think that probably, because this is an issue that’s been identified from the City of Chicago, a significant number will be in that City. Would the City Council of Chicago not have the authority to implement this type of an ordinance on their own volition 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 without having to do this statewide?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Steans.
I don’t know the answer to that. I apologize.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Rutherford.
Thank you, Mr. President. I -- my sense is that the City Council probably would have the authority to implement this within their own boundaries and not have to do this statewide. Had you thought, perhaps, of having this be a pilot program, where we would try it, for example, within the Loyola area or perhaps just the City of Chicago?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Steans.
Yeah, no -- and, in fact, I would be open to doing that. That had been considered at one point. At one point, the Illinois State Police had been supporters of this bill, so they had wanted to continue it statewide. I see they’re now neutral on it. So that was the -- originally the reason I had not gone that route - but had considered it. You know, I am willing to do that. And, in fact, I’m not sure if we want to -- why don’t I withdraw this now and consider that and bring it back for 3rd vote at another time?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please take House Bill 43 out of the record. We’ll next proceed to the top of page 50 on your Calendar. Top of page 50 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 on your Calendar. House Bills 3rd Reading. House Bill 59. Senator Harmon. Out of the record. House Bill 71. Senator Sandoval. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 71. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Thank you, Mr. President, Members of the Illinois Senate. House Bill 71 is a precedent-setting piece of legislation that is a big part of the agenda for Secretary of State Jesse White, as well as myself, this year. Just recently in Boston, a number of -- a number of citizens were killed and injured in a terrible accident on the subway system of Boston as a result of the operator texting his girlfriend while operating the el train in Boston. Just recently I was on the news and indicated that it is unconscionable today in America that lives are being lost, innocent lives, innocent bystanders are being lost every day on the roads of America, Illinois and throughout this country, as a result of irresponsible and negligent people texting while operating a vehicle, a bus, a subway. House Bill 71 will prohibit a person from operating a motor vehicle on a roadway while using an electronic communication device to compose, send or read an electronic message. The penalty for violating this bill will constitute a moving violation. While some have argued that the dangers are extreme, this legislation’s a first good 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 step in Illinois. Alaska is the only state that makes it a criminal offense, a felony, for killing someone or injuring someone. This bill institutes a number of fines from a hundred and seventy-five dollars to five hundred dollars and possibly suspension of a driver’s license. This is a precedent-setting bill. We will be the only -- we will be the first state in the Midwest to ban texting while driving. And it’ll -- let’s follow suit like laws in other states, like in Louisiana. It is statistically found that seventy-three percent of all drivers have acknowledged the use of cell phone usage still while driving, while sixty-six percent have acknowledged that they text while driving. Illinois must put an end to that by passing House Bill 71. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) With leave of the Body, Alexandrea Davis of WICS Channel 20 requests permission to videotape the proceedings. Seeing no objection, leave is granted. Is there any discussion? Any discussion? Senator Bomke.
Thank you, Mr. President. To the bill: This came out of Transportation Committee nine to zero. It’s a good commonsense bill and I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Any further discussion? Senator Noland.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates that he’ll yield. 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Senator, could you tell me, the State Police who use their laptops in their vehicles and, by the nature of the -- the work that they do, are required to read their laptops while they are driving, are they affected by this bill in any way?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
The exceptions for House Bill 71: It exempts law enforcement, firefighters, physicians and other healthcare providers.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
So, let me ask you this. What makes their use of electronic devices while they’re doing their work any less risky than the rest of the population?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Senator Noland, part of enforcing the law in the State of Illinois is the use of technology and we cannot prohibit law enforcement agencies and officials to -- prohibit them to perform the duties while they are trying to uphold the law of the land.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The gentleman from DuPage, Senator Cronin.
Thank you very much, Mr. President. Senator Sandoval, it’s 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 a interesting proposal you have here and I certainly understand it’s got a lot of merit. You know, what about -- I mean, texting, does it describe in the bill -- and I guess I should read it, but I can ask you here in our debate. Does it describe what texting specifically is? I mean, do you go into detail? Because as -- as -- as technology advances, there may be voice activated texting devices. There may be, you know, other ways, on your panel of your -- control panel of your vehicle. Do you describe in detail what the act of texting specifically is?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
…legislation quite explicitly says that while using an electronic communication device to compose, send, or read an electronic message. It is -- doesn’t go into much more detail than that. And I’m sure that subsequent pieces of legislation that will also lead to including criminal penalties, we’ll further deliberate and explain that if need be.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Cronin.
So, what about e-mail? Can I -- can I e-mail while I’m driving, or is that -- is that covered by this texting provision?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
My interpretation, that it will prohibit the use of e- mailing while using an electronic device if you are driving. 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Any further discussion? Any further discussion? Senator Raoul.
A question of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates that he’ll yield.
Senator, I recently got this iPod and amongst the applications that are on this iPod is a GPS device, which I often use so I can know where I’m going. And so I’m wondering, since this is a device that communicates electronically and the communication from a GPS device is a electronic communication, if this bill passes, will I no longer be able to use the GPS device on my iPod?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Senator Raoul, leave it to an attorney from the great land of Hyde Park to ask that question. I will tell you that House Bill 71 allows and is permissive of the use of your current GPS device in order to -- to get to the destination where you’d like to, as you program the GPS. There’s no doubt that House Bill 71, in a follow-up piece of legislation, will have to clearly delineate the use of the handheld telephone as a -- as an allowable use of GPS. Today I would indicate and I would imagine that -- from talking to law enforcement officials this morning, that if you were to use your GPS from your iPhone that you would be in violation of House Bill 71. But the legislative 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 intent is not to do that.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul.
So assuming that as your legislative intent and assuming that there would be a trailer bill, I see Senator Millner close by you there and, as a former police chief, I know he had a lot of officers that were concerned with fighting crime on the streets and not trying to figure out whether somebody who is holding their cell phone was using their -- was reading a text message or e-mail or reading a -- a -- the GPS so they can know where they’re going. So, you know, I anticipate some problems in enforcing this because someone can always say, “Hey, look I was just -- this has a GPS device on it. I was just using my GPS device.” And I -- I can’t imagine how these things can be enforced. I think we’re doing a little bit of excessive legislation here, creating more power for law enforcement to write more and more tickets. There was another recent bill with -- with regards to pedestrians. We already have a law that says, you know, drivers have to yield. We’re going to continue legislating, piling on, so more and more tickets can be written in the interest of generating revenue instead of having law enforcement doing what their primary job is - to fight crime.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Risinger.
Thank you, Mr. President. Will the sponsor yield for a question? 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates that he’ll yield.
You know, my analysis indicates that this will -- when you talk about electronic device, it includes cell phones, those kind of things. Are -- is your intent to include that? Are you -- you know, you’re talking about texting, reading messages, those kind of things, but are also -- are you talking about handfree devices, where you’re composing a message and sending it electronically by voice?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Well, currently the State of Illinois does not prohibit the use of handheld devices or handsfree, although -- you know, unlike the City of Chicago, which passed an ordinance to ban the use of handheld devices while driving in the City of Chicago. The intent of this bill is to prohibit the use of texting, sending, and I believe that we will further clarify the legislative intent of voice-activated messaging in further legislation.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Risinger.
One final question. I’m not sure I -- I totally got the answer to the GPS question. I -- I have a portable GPS in my car. Are you saying that you cannot use those or you just can’t program those when you’re traveling? What’s the intent of the legislation on -- on GPS’s? 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
As long as your GPS navigation device is used exclusively for navigation purposes, you are fine, Senator Risinger.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Jacobs. Oh! Pardon me. Senator Risinger, please proceed.
So, let me understand, I can read my GPS as I’m going down the road? This law would not prevent me from doing that?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
You can read your GPS device, especially if you’re coming to the Town of Cicero. Absolutely.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Jacobs. Thank you for waiting. Please proceed.
Thank you, Mr. President. I would just point out that polling shows that eighty percent of the people think that texting while driving should be banned. It’s a serious public health issue. I would tell you, too, that people equate -- police officers do equate texting while driving with drunk driving. And I’m guilty, as a lot of people are. I’ve almost been in accidents texting. So maybe we ought to have a law. But, you know, the question I do have is that how -- how does an 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 officer know whether I’m texting, whether I’m pushing buttons on my phone? Is there any safeguards in this bill that doesn’t just allow a police officer to say, “Well, this person was texting, that’s why I pulled ‘em over”? I mean, are there any safeguards on -- on what constitutes texting while driving?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Senator Jacobs, all I can tell you is that is at the officer’s discretion to determine whether or not you were texting while driving and that’s that.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jacobs.
I would just point out, this is a bill that probably should pass and a bill I probably will support. But I would point out that I think there’s some problems with it as well. But the problem is, is that eighty percent of the people do favor banning while texting, but only if it’s you driving and being banned while texting, because when they do it, they think it’s fine. And I think that’s going to be a very difficult situation for us in Illinois.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Want to remind the Members we have one, two, three, four Members seeking recognition and we are to go to committees at -- in seven minutes. Senator Bivins.
Thank you, Mr. President. To the bill. 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) …the bill.
Well, I’m personally opposed to over regulating laws and I think that anything you can do in a car is already -- there’s already a law to cover that. If you’re texting and you leave the lane, it’s improper lane usage. If you run into the back end of a car, it is failure to reduce speed. And I think it’s going to be a hard bill to enforce. But having said that, you know, I think most people are law-abiding citizens. I think the highest percentage are law-abiding citizens. And as long as we say it’s okay to text, I think it will continue. And I think if we ban the -- the practice of texting while driving, I think the higher percentage of citizens will then stop the practice. And you’re always going to have those who will violate that law or any law. So, I will support this bill -- bill and encourage an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Senator Murphy.
Thank you, Mr. President. I -- I have to confess. I was somewhat moved by Senator Raoul’s broad libertarian streak showing itself in this. And he’s got me thinking about this bill. I -- I found it interesting, by the way, that his libertarian streak seems to be even broader than Senator Jacobs’ - which I -- I appreciate. A question of the sponsor, though. The intention here, it appears, is to minimize people -- having their -- their driving impaired by being distracted. Is that correct? 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Yes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Murphy.
I -- I think we all share a desire to -- to minimize those instances, but, you know, the devil, as they say, is in the details. If I’m stopped in traffic, dead stop on the Kennedy, and I’m texting somebody because I’m late, I’m certainly not a risk to anybody, but this bill would expose me to a ticket in that circumstance, would it not?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Absolutely.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Murphy.
Would you agree with me, though, that in that circumstance, I am not a risk to anybody, if I’m at a dead stop in traffic on the Kennedy?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
No, you are always -- if you are -- if you are sitting in your vehicle, stuck on I-55 heading into Chicago to the -- to your district, and you are stuck at the -- in a bottleneck and 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 you are standing still in traffic, you -- and you are texting, absolutely you are putting people in danger. I would -- I would recommend you use your cell phone.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Murphy.
What -- what if I am pulled over on the side of the road still sitting in my car, which under law, which I believe this bill allows for too, I am operating my vehicle if I’m sitting in it, even if the key is not in the ignition, under the current law of this State - language which, it’s my understanding, is adopted in this bill? I would be susceptible to getting a ticket for texting in that scenario and I -- I think we could all agree I wouldn’t be a risk to anybody on the road at that point. Would you agree?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
I would respectfully say, Senator Murphy, that you are -- still would be at risk and putting people at risk, because you are on the -- you are on the roadway and you are operating a vehicle. You may have your hazard lights on. There is heavy traffic coming through the highway and you would be in violation of the law.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Murphy.
To -- to the bill. I just had to turn my cell phone off; I don’t want to legislate while on my cell phone. To the bill: I 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 appreciate the intention. I think the bill, as it’s currently constructed, goes too far. I would encourage you to come up with an amendment that could tighten it so we’re most narrowly addressing the risk while still showing the respect for Senator Raoul’s libertarian streak that I think it warrants. So, I would encourage, until we get an amendment, a No vote on the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Thank you, Mr. President. To the bill, please.
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.
Thank you. Ladies and Gentlemen, Senator Murphy -- and, actually, the sponsor have raised a critical issue that I hope the Members of this Chamber will pay attention to. And that is, this bill talks about the operation of a motor vehicle. It does not define the operation of a motor vehicle. The courts have done that for us. In the DUI statutes, operation of a motor vehicle would include if you are stopped, your engine is off and your keys are on the floor -- on the -- on the floor -- on -- at your feet below. That is operation of a motor vehicle under Illinois law right now. With all due respect to the sponsor, there is no way that you or I or any of our constituents, if we’re pulled off on the side of the road, we’ve turned the car off, we’ve pulled the keys out of the ignition and we choose to send a text message, are a threat to anybody. I would also suggest that we have other statutes in the traffic code in 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Illinois law -- Vehicle Code, such as reckless driving, that will take care of most of the cases that I think the sponsor is aiming at. But if you think it’s appropriate for State law to say you can’t send a text message or an electronic message while your car is turned off, while the keys are out of the ignition, then this is the bill for you, but I would suggest that’s not what most of our constituents are looking for. I would encourage a No vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Meeks.
Thank you so much. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman will yield.
Marty, I’m awfully concerned about this piece of legislation. I do know that -- what you are intending to do. And I know that you’re intending to do it for safety purposes. I’ve often wondered, when I’m in my vehicle, how will a policeman know whether or not I’m texting or making a phone call. You have to push the same buttons to make a phone call as you have to do to send a text. So, if an officer stops me and accuses me of sending a text while driving and I’m trying to explain to him, no, I was making a phone call, how will I win that argument?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Senator Meeks, I am quite sure that when the police officer stops you, because you’re a very famous and popular person on the roadway of Illinois - you’re a very recognized individual - that if he were to allege that you were texting while driving, you would -- he would -- you would make the case that you were not texting and you would have an opportunity to show him your phone that you were not texting at all. You can verify -- he can verify, while checking your device, that you did not send a text.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Meeks.
All right, so you do admit that sending a text and making a phone call looks similar to a police officer?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Come back at me again, Senator Meeks.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Meeks.
I said, you will agree that sending a text and making a phone call looks similar to the officer who’s observing.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
There is no doubt that the use of any handheld device and your cell phone and the GPS would -- would make you look very suspect that you are texting to a law enforcement official. And 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 I am sure that you will have an opportunity to make your case to the law enforcement official when he pulls you over and makes the claim.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Meeks.
So, now we’re getting into law enforcement officials observing our cell phones to try to determine what we were doing? Because you just explained to me that the law enforcement officer should be able to look at my phone to see whether or not I was texting. So, now we’re giving policemen the right to examine individual motorists’ cell phones to try to ascertain whether or not they were sending a text or whether or not they were making a phone call.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Senator Meeks, I am sure, like any other instance where a law enforcement official stops one, we have an opportunity to make the case of whether or not we may have been violating a regulation or a law. I know that when I have been stopped, a very seldom occasion, I try to make the case and plead it that I made the stop or I wasn’t speeding or, in this case, that I’m not texting. And I would go to any means to try to demonstrate to the law enforcement official at that time that I was not texting.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Meeks.
62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Otherwise -- other… Otherwise, I would just as well accept the ticket and make my case in court.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Meeks.
Is this just for the case of an accident? If I’m found -- in an accident and they found that I was texting? Or is this just on general principles? I’m rolling down the street and an officer thinks that I’m texting or thinks that I’m making a phone call; he doesn’t know really what I’m doing. This is just on general principles?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
If a law enforcement official identifies you as texting while driving, that is his discretion, that is his purview, and that is his right to stop you and to fine you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Meeks.
To the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you, sir.
Ladies and Gentlemen of the Senate, I understand the great Senator’s intention, but I really feel that this is a intrusion of privacy. And not only that, I think that we’re giving police officers an awful lot of latitude in trying to make a decision that, on the fly, they are incapable of making the decision. 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 And the sponsor said, in order to adequately make the decision, they should examine everybody’s cell phone to determine. So, what if they don’t like the message that you were sending? Or what if they then have a question about what you were saying on the message? This is very dangerous and I urge a No vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Senator Sullivan, for what purpose do you seek recognition?
Thank you, Mr. President. I move the previous question.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. We have -- we have five speakers -- six speakers, two of whom have spoken previously. Committees were to have begun several minutes ago. Senator Syverson.
Thank you, Mr. President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Sponsor indicates that he’ll yield.
Senator, I certainly understand what you’re trying to do and I think I -- I agree with the part of texting while you are driving down the road. My concern is that, you know, I have spent years instilling in my children that when you need to make a phone call, when you need to be changing -- doing something with your iPod, when you need to do a text, you know, pull over and make your phone call or pull over and text what’s -- what’s happening. And now, you know, we’re -- we’re talking about this definition, the way it is, that it’s going to be -- it could be broader for that. I think you want to make a comment on that 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 and then I’ll ask you the next question.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Senator Syverson, I think you’re right. You know, upon discussion with some of our legal staff, I’d like to re-clarify the legislative intent as -- even as it relates to Senator Murphy’s hypothetical: If you are on the side of the road, your car is turned off, would you be in violation of House Bill 71 if you are texting? The legislative intent, as I’ve been advised and like to put on the record, is that you would not be in violation of House Bill 71.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
Senator, I appreciate that. Unfortunately, legislative intent can’t supersede current law. So, the only way that portion can really be addressed, I think if we pull that bill out and we look at amending it to actually specifically change the law when it deals with that area, because it won’t work with legislative intent. So, from that standpoint, unfortunately, we’d have to change the legislation to do that. So, I guess that would be one thing. Are you -- are you open or willing to, you know, take this out of the record now, draft an amendment to change existing law on those rules and then amend that on so you’re talking about dealing with vehicles that are operating and, by definition, operating in movement on the road as opposed to not moving or on the side of the -- side of the road.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Senator Sandoval, do you wish to respond?
Senator Syverson, I think that’s a -- that’s a -- a fair request. I’m going to pull House Bill 71 out of the record and clarify the legislative intent. I’m going to possibly pass an amendment to clarify the hypothetical that Senator Murphy and you have proposed, and look forward to coming back in the next coming days to pass House Bill 71.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please take House Bill 71 out of the record. We’re running slightly behind schedule now. But the Senate will stand in recess to the call of the Chair. Want to remind the Members that after the committee meetings, the Senate will reconvene to receive committee reports and receive -- further Floor action. The Senate now stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Will all Members under the sound of my voice please come to the Senate Floor? Would all Members under the sound of my voice please come to the Senate Floor? Madam Secretary, Committee Reports.
Senator Frerichs, Chairperson of the Committee on Agriculture and Conservation, reports Senate Amendment 1 to Senate Bill 2300 recommend Do Adopt. Senator Crotty, Chairperson of the Committee on Elections, reports Senate Amendment 1 to House Bill 723, Senate Amendment 1 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 to House Bill 3785 recommended Do Adopt. Senator Delgado, Chairperson of the Committee on Public Health, reports Senate Amendment 1 to House Bill 3649, Senate Amendment 2 to House Bill 3922 and Senate Amendment 1 to House Bill 3994 recommended Do Adopt. Senator Maloney, Chairperson of the Committee on Higher Education, reports Senate Amendment 2 to House Bill 1143 and Senate Amendment 1 to House Bill 2686 recommended Do Adopt. Senator Hunter, Chairperson of the Committee on Human Services, reports Senate Amendment 1 to House Bill 562 and Senate Amendment 1 to House Bill 976 recommended Do Adopt. Senator Wilhelmi, Chairperson of the Committee on Judiciary, reports Senate Amendment 1 to House Bill 756, Senate Amendment 1 to House Bill 2246, Senate Amendment 1 to House Bill 2266, Senate Amendment 1 to House Bill 2283, Senate Amendment 3 to House Bill 2335 and Senate Amendment 1 to House -- to Senate Bill 941 recommended Do Adopt. Senator Meeks, Chairperson of the Committee on Education, reports Senate Amendment 1 to House Bill 740 and Senate Amendment 2 to Senate Bill 611 recommended Do Adopt. Senator Sandoval, Chairperson of the Committee on Transportation, reports Senate Amendments 1 and 2 to House Bill 353, Senate Amendments 1 and 3 to House Bill 797, Senate Amendments 1 and 2 to House Bill 2625 and Senate Amendment 1 to House Bill 3325 recommended Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports Senate Amendment 2 to House Bill 10, Senate Amendment 3 to House Bill 445, Senate Amendment 2 to House Bill 1057, Senate Amendment 2 to House Bill 2537, Senate Amendment 1 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 to House Bill 2660, Senate Amendment 1 to House Bill 4124 and Senate Amendment 2 to Senate Bill 1050 recommended Do Adopt. Senator Garrett, Chairperson of the Committee on Environment, reports Senate Amendment 1 to House Bill 4021 recommended Do Adopt. Senator Koehler, Chairperson of the Committee on Local Government, reports Senate Amendment 1 to House Bill 1306 and Senate Amendment 1 to House Bill 2425 recommended Do Adopt. Committee -- Senator Raoul, Chairperson of the Committee on Pensions and Investments, reports Senate Amendment 1 to Senate Bill 552 recommended Do Adopt. Senator Haine, Chairperson of the Committee on Insurance, reports Senate Amendment 2 to House Bill 927 recommended Do Adopt. Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Amendment 2 to House Bill 489, Senate Amendment 1 to House Bill 3970, Senate Amendment 1 to House Bill 4205, Senate Amendment 2 to Senate Bill 2167 recommended Do Adopt. Senator Kotowski, Chairperson of the Committee on Commerce, reports Senate Amendment 2 to House Bill 4186 recommended Do Adopt. Senator Martinez, Chairperson of the Committee on Licensed Activities, reports Senate Amendment 2 to House Bill 1293, Senate Amendment 2 to House Bill 3874 recommended Do Adopt. Senator Viverito, Chairperson of the Committee on Revenue, reports Senate Amendment 1 to Senate Bill 451 recommended Do Adopt. Senator Silverstein, Chairperson of the Committee on 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Executive, reports Senate Amendment 1 to House Bill 3658, Senate Amendment 1 to House Bill 3991 and Senate Amendment 1 to Senate Bill 331 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? Would all administrative assistants please direct your Senator to the Senate Floor? We’re going to substantial Senate action. We will be calling your bills. If you’re not in your chair, we will be skipping you. You need to be in your Chair. Madam Secretary, Resolutions.
Senate Resolution 278, offered by Senator Hunter and all Members. Senate Resolution 279, offered by Senator Hunter and all Members. Senate Resolution 280, offered by Senator Brady and all Members. They’re all death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? We’re going to the middle of page 57 on your Calendar. Madam Secretary, please put those resolutions just read on the Resolutions Consent Calendar.
Senate Resolution 281, offered by Senator Delgado. And Senate Resolution 282, offered by Senator Sandoval. They are substantive.
PRESIDING OFFICER: (SENATOR HENDON) Please turn your -- your Calendar to page 57 of your 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Calendar. On page 57 of your Calendar is the Order of House Bills 3rd Reading. This is final action. House Bill 688. Senator Collins. 688. Senator Collins. Madam Secretary, read the bill.
House Bill 688. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins, on House Bill 688.
Thank you, Mr. President and Members of the Assembly. House Bill 688 is really -- replicates Senate Bill 267 that passed out of the Senate Chambers 58 to 0. And what it does basically, it amends the Condominium Property Act to create separate procedures for addressing distressed condominium property that is a danger, blight, or nuisance to the surrounding community or to the public and that is substantially unoccupied, without utilities, or in serious negative condition.
PRESIDING OFFICER: (SENATOR HENDON) Okay, just for a point of information, we will be skipping the bills -- some bills because they are on consideration for an agreed calendar list. So you’re going to need to keep up with the pace. Is there any discussion? Senator Murphy.
To the bill, Mr. President: I just, for our -- Members on our side of the aisle, which I think is the current entirety of the Senate - and this is really, frankly, an enjoyable experience - this bill passed unanimously out of the Judiciary 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Committee, and actually we passed the entire -- the same bill unanimously in the Senate as a Senate bill earlier in the year. And I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any further discussion? Senator Collins, to close.
I would ask my Members to come to the Floor and to vote in the affirmative for this legislation.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall House Bill 688 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 53 voting Aye, none voting Nay, none voting Present. House Bill 688, having received the required constitutional majority, is declared passed. Senator Righter, for what purpose do you seek recognition, my friend?
Matter of personal privilege, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point, sir.
Mr. President, at this time, I’d just like to issue a blanket congratulations to the Members and the staff who are on the Floor for what had to be a hustle record right then in covering the most number of switches. I think it’s worthy almost of a round of applause.
PRESIDING OFFICER: (SENATOR HENDON) 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 It is most certainly worthy of a round of applause and it will be the slowest I am going for the rest of the year. The pace is about to quicken. Please turn to page 60. House Bill 867. Senator Muñoz. Madam Secretary, read the bill. House Bill 867. Madam Secretary, read the bill.
House Bill 867. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 867 expands aggravated battery with a firearm to include causing injury to a student on school property. It also makes the offense of unlawful use of a weapon applicable to public transportation. It also makes the fact that a defendant or the victim was in a train, bus, or other vehicle used for public transportation a factor in aggravation to be considered by the court imposing a tougher sentence.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, this is final action. The question is, shall House Bill 867 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 55 voting Aye, none voting Nay, none voting Present. House Bill 867, having received the required constitutional majority, is declared passed. Please turn your Calendar to page 50 of your 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Calendar. Middle of page 50 is House Bill 72. Senator Althoff. 72? Out of the record. House Bill 75. Senator John Jones. House Bill 75. Senator John Jones. Madam Secretary, read the gentleman’s bill.
House Bill 75. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Thank you, Mr. President. House Bill 75 extends the sunset date for the gasoline tax that we pay at the pump that goes into the Leaking Underground Storage Tank Fund. It’s three-tenths of one cent and eight-tenths of one cent. So it’s a little over a penny a gallon, goes into that fund. We take in about fifty- eight million dollars a year into that fund. Right now, the vendors that we have out there that clean up the underground storage tanks -- and -- and, quite frankly, I have one in my district. Probably several of you have ‘em in your districts that don’t realize it because they haven’t called you. But I have a vendor in my district right now that we owe him twenty- two million dollars. He has not been paid in five hundred and fifty days because, under Republicans and Democrats both - let’s be fair about this, the fund has been robbed. And quite frankly, we need to make sure that that funding mechanism continues in -- in this fund and -- and we get these people paid. The other thing I would ask you to do as we move forward here in the General Assembly over the next two and a half weeks, 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 when we do a capital bill, we must replenish that money into that fund and pay all these vendors up. And I’m working with the Governor’s Office, along with -- especially the Assistant Chief of Staff Carolyn Brown Hodge, and -- and Tom Holbrook -- Representative Tom Holbrook over in the House, the EPA, and the like, to draft a piece of legislation where we prioritize these things and we don’t get out there with a bunch of debt hanging over our head and -- and bills to pay that we don’t have money to pay. So, I -- I would ask for your support to extend the -- the sunset on this legislation right now, as we continue to work, try to solve the problem in the future.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Lauzen.
Thank you, Mr. -- or, Mr. President. A couple of questions for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Lauzen.
First, I would like to report to the Body that this passed unanimously out of Revenue. And I certainly support the concept of -- I mean, this is very important, Senator. What assurances are there in this bill that it won’t -- you know, that we won’t replenish it just to have it raided again over the next twelve years or fifteen years that this is in place?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Senator Lauzen, there is actually nothing in this to keep 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 it from being raided at this point in time. That’s the legislation that I’m working on. I -- I don’t think we’re going to have legislation by the end of -- of the spring Session, but we will have legislation by the fall Veto Session that we can -- that we can pass and -- and become law that this fund will be left alone from now on and only be used for the purpose that it was designated to -- to being with.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Senator, I do appreciate how determined you are. You set your mind to it and it happens. There needs to be some type of assurance that we’re not putting more money into a fund over more than a decade just to be a sitting pigeon to be plucked when the time comes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen, is that a question, or to the bill, sir?
It’s…
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
I have a second question. So I’ll ask that question. There’s also a concern that under the current law - and maybe you can describe to the Chamber - under the current law, this doesn’t end -- the -- the allocation into this fund doesn’t end until 2013, and we’re only at 2009, and we’re being asked to extend it. Why is it -- and I think that it has to do with the payables are so much into this fund that it takes up the next 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 four years of the allocation just to pay for the bills that aren’t paid at this point. Is -- is that a correct understanding?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Senator Lauzen, you’re exactly right. That will pay up the obligations that we have approved right now. There are other obligations pending out there for approval that the EPA has not signed off on that they’re ready to be paid. Those bills have not been approved and it will take us to 2025 to take care of those bills. That’s why we need to -- to work on the legislation that -- that I’m working on with -- with Representative Holbrook and the Governor’s Office, the EPA, is to prioritize these sites. And -- and, right now, you have -- you have sites in -- all over this State; that they get a notice from the State Fire Marshal’s Office that you have a problem with a leaking underground storage tank and you got so many days to -- to clean it up. That property owner immediately calls a constituent like mine that cleans up these sites, calls him out and says, “Hey, get to cleaning it up, man. I only got so many days.” Well, he starts that project. There’s no money to pay him. And so we’ve got to stop rushing out there and -- and starting to clean up projects before we have money to pay for ‘em. And the other thing that -- 2025, the reason we’re going to 2025, it is our intention with the bill that we’re going to pass at a later point in time here this year, is that the -- the sites all over the State of Illinois then will -- will be able to afford and purchase insurance to cover it, rather than have 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 to worry about this fund to do it. So, that’s what we’re -- our mission is, is to get away from this fund even doing it. And if that happens before 2025, I can assure you this will come off the -- the books completely and we won’t even need the fund. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall House Bill 75 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 this question, there are 53 voting Aye, 3 voting Nay, none voting Present. House Bill 75, having received the required constitutional majority, is declared passed. The Chair would like to remind the Body, we got very little done earlier today. We’re going to catch up. House Bill 77. Senator Althoff. House Bill 77. Oh! That’s on the agreed bill… House Bill… House Bill 78. Senator Koehler. 78. Senator Koehler. 78. Senator Koehler. Madam Secretary, read the gentleman’s bill.
House Bill 78. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. 78 -- House Bill 78 creates the Farm Fresh Schools Program Act. The Program is to be administered, subject to appropriation, by the Department of Agriculture, which, in conjunction with the State 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Board of Education and Department of Public Health, will administer a process to review grant proposals and award such grants to eligible applicants. This creates the Farm Fresh Schools Program Fund with the Secretary -- State Treasurer. What this does is it links schools with local and regional farms in order to provide schools with fresh produce for meals, for vending machines, for salad bars and snacks. It’s a good way of linking together the school with our local agricultural base. And I would appreciate your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 78 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, none voting Present. House Bill 78, having received the required constitutional majority, is declared passed. House Bill 146. Senator Trotter. 146? Out of the record. House Bill 151. Senator Raoul. Madam Secretary, 151, please read the gentleman’s bill.
House Bill 151. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President. House Bill 151 creates the statewide will repository at the Secretary of State’s Office. 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 The bill amends the Secretary of State Act to allow an attorney, attorney’s representative, attorney’s guardian, or representative of the attorney’s decedent’s estate to deposit a will with the Secretary of State for a twenty-five-dollar fee.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall House Bill 151 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 55 voting Aye, none voting Nay, none voting Present. House Bill 151, having received the required constitutional majority, declared passed. House Bill 159. Senator Althoff. 159. Madam Secretary, read the lady’s bill.
House Bill 159. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you very much. House Bill 159 amends the competitive bidding threshold for projects paid in whole or in part by a special assessment or special taxation. Current threshold is five hundred dollars. This bill would raise it to ten thousand. May -- seem like a huge increase; however, this threshold has not been raised since 1961. Be happy to answer any questions. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 shall House Bill 159 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 55 voting Aye, none voting Nay, none voting Present. House Bill 159, having received the required constitutional majority, is declared passed. House Bill -- 170. Senator Garrett. Out of the record. House Bill -- 204. Senator Risinger. Madam Secretary, read the gentleman’s bill.
House Bill 204. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Thank you, Mr. President. What this bill does, it allows mental health services to be paid to advanced practice nurses for psychiatric services. This bill is brought forward because there’s a shortage of psychiatrists in the area that treat children. And I’d be glad to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 204 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, none voting Nay, none voting Present. House Bill 204, having received the required constitutional majority, is declared 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 passed. House Bill 229. Senator Righter. Senator Righter? Madam Secretary, read the gentleman’s bill.
House Bill 229. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill 229 actually comes from a constituent in my district. Simply, it would amend the Wildlife Code with regard to Wild Turkey Hunting Permits, and require the Department of Natural Resources, when they’re deciding how much acreage an individual has in order to qualify for a free permit -- actually allow them to round up to the forty acres, which is the required threshold. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 229 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 56 voting Aye, none voting Nay, none voting Present. House Bill 229, having received the required constitutional majority, is declared passed. House Bill 236. Senator Link. Senator Link? Out of the record. House Bill -- 241. Senator Rutherford. Senator Rutherford, 241? Out of the record. House Bill 242. Senator Harmon. Don Harmon. Senator Harmon? Out of the record. House 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Bill 244. Senator Holmes. Madam Secretary, read the lady’s bill.
House Bill 244. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
Thank you, Mr. President. House Bill 244 requires that the State health insurance plans must provide coverage for medically necessary preventative physical therapy for insureds diagnosed with multiple sclerosis. This bill is identical to Senate Bill 1809 and it passed out of the Senate 54 to 1. And I’m just asking for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 244 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 55 voting Aye, none voting Nay, none voting Present. House Bill 244, having received the required constitutional majority, is declared passed. House Bill 255. Senator Harmon. 255. Senator Harmon, 255? Out of the record. House Bill 272. Senator Garrett. 272, Madam Garrett? Madam Secretary, read the lady’s bill.
House Bill 272. (Secretary reads title of bill) 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Yes, thank you very much, Mr. President. House Bill 272 requires the Illinois High School Association to create a testing program that randomly selects at least one thousand high school students participating in IHSA-sponsored or -sanctioned athletic competitions for testing for performance-enhancing substances on the current banned drug class list. This bill requires that they must prohibit a student from participating in any athletic competition sponsored by IHSA unless a student agrees to submit to random testing and the IHSA obtains a signed statement from the student’s parent acknowledging that the parent’s child may be subject to random testing. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Maloney.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Maloney.
Senator, is it your intention that this would require in- person testing of all coaches by the Illinois High School Association?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 No, Senator. The Illinois High School Association does not have the resources, the personnel or the facilities to effectively administer a written test to every individual who is coaching an extracurricular athletic activity.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Then, how -- how will this testing be accomplished?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
The IHSA has agreed to develop and implement a testing program via the Internet that would require all coaches to complete an on-line course focused on preventing the abuse of performance-enhancing substances. That program would also include a proficiency exam that would test the coach’s knowledge of the various methods available to prevent steroid abuse.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Then, how is the Illinois High School Association going to keep track of which coach has completed the program and which did not?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
The coaches can print out a certificate once they have met all of the requirements of the training. They will need to retain the certificate there as proof of competition {sic}. 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Thank you, Mr. President. A question for the sponsor of the bill, please.
PRESIDING OFFICER: (SENATOR HENDON) She will yield. Senator Millner.
Senator, is it your intention that grants -- that the grants from the performance-enhancing drug testing fund will be made available to defer the cost of training and testing of coaches on the prevention of steroid abuse, as required by the bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Thank you for that question. The answer is yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter. Senator Millner, you were done, right? Senator Righter.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Indicates she will. Senator Righter.
Senator Garrett, I guess when this was -- when this was put up on the board, it talks about a testing program, but then, in answer to Senator Maloney’s questions, it was -- there was a discussion of an on-line proficiency exam about the dangers of, 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 I’m assuming, banned substances. And then there was discussion from Senator Millner about a fund to pay for, I don’t know whether it’s tests or what. I mean, is there actually testing required in this bill, or is this just that coaches have to go on-line and take an exam?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Yes. As I stated, in the bill, there is testing required, but it -- it -- there is also going -- testing required by -- for the coaches.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Okay. How -- how will -- you said the IHSA does not have the resources to do in-person testing. So, my first question would be, how will the testing be accomplished? How is that done? Is it going to be done by the coaches of the athletes who they coach? Is it going to be done by IHSA personnel? Is it going to be done by third parties?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
I think we need some clarification. Are you talking about the testing for the steroids?
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
I’m talking about whatever testing you have outlined in 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 your bill. What -- whatever is in there. I mean, I’m assuming it’s banned substances. So, then, if it’s banned substances, how is that testing going to be accomplished if the IHSA does not have the personnel to carry out the testing?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Well, they are currently doing it now. So the framework is in place. And what we are -- are offering is to expand that. We are allowing for the use of the Internet. We are setting up a fund. It’s not all going to take place at one point in time, but we are doing as much as we can with the funds that we have.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Okay, so when you say we’re offering expansion, actually what we’re doing is mandating an expansion of their testing program. I’m assuming; you can correct me if I’m wrong. The second issue is the fund. What’s paid for out of the fund and what -- how is the money getting into the fund?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Senator Righter, the fees on drug products will be increased in order to pay for the cost of the testing -- for this fund.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen. Senator Righter, to wrap it up. Senator 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Righter.
The fees on drug products. Now, what -- what fees and what drug products? I mean -- I apologize, Senator, but you get the feeling that -- I mean, maybe you can walk through the bill in a little broader scope for us so we have a better understanding of what we’re doing here and what the IHSA is already doing.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
So -- it is an additional cost. The fines are going to be increased by about fifty dollars and those dollars will be put into a fund and they will be allocated for the cost of the tests.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you very much, Mr. President. Two questions for the sponsor. First of all, thank you very much for your work on this bill. It’s very important. I believe that the IHSA ought to be commended for their voluntary program that takes place during final competitions. Two questions. One, what’s the form of the athletes’ test? Is it a blood test, or a urinalysis, or…
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
From what I understand, it’s a urine test.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen. 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank you, Mr. President. And then this is going to be taking place during the year. I had my sophomore son at West Aurora ask, “Well, dad, do they test ‘em during the year or can they just take those enhancing drugs during the year and before finals just cut off?” Is this going to be during the year?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
It will be done randomly. I hope I made that clear. It -- that’s one of the most important parts of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen. And -- I want to remind everyone we have to catch up time from this morning. Senator Lauzen.
Yes, but the random testing is done now, but it’s only during the finals. Is this going to be a random test during the season?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
It will be a random test during the season.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard. Last speaker.
Thank you, Mr. President. Couple of questions for the -- the sponsor, if I could, on this important legislation.
PRESIDING OFFICER: (SENATOR HENDON) She indicates she’ll yield. Senator Dillard. 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank you. Senator Garrett, what’s the position of the Illinois High School Association, the Alliance and the School Board Association on this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
IHSA is for it, especially with some of the changes we’ve made and the clarifications that we already talked about on the Floor. And as far as I know, there are no opponents.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you. You’re running the money through the Illinois Department of Public Health. Why’d -- why’d we pick that? And again, just so we’re clear, how does the money flow for the testing?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Well, there’ll be a fifty-dollar increase in the fines. That -- those dollars will go to a earmarked fund, a set-aside fund in the State treasury. And those dollars will be taken out when necessary.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The -- the question is, shall Senate {sic} Bill -- 272 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 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 272, having received the required constitutional majority, is declared passed. House Bill -- top of page 52. House Bill 312. We’re skipping 301. The -- 312. Senator Trotter. Out of the record. House Bill 313. Senator Trotter. Out of the record. House Bill 314. Out of the record. House Bill 338. Senator Althoff. Madam Secretary, read the lady’s bill. House Bill 338.
House Bill 338. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you very much, Mr. President. This is actually an initiative of my House Representative Jack Franks, who is also here on the Floor to hear this bill, I believe. What this bill does is requires that recipients of grants from the Renewable Fuels Development Program have an annual production capacity of at least five million gallons of renewable fuel. It lowers the threshold from a thirty million to a five million. This is going to allow smaller plants to have access to this grant program.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 338 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 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 338, having received the required constitutional majority, is declared passed. House Bill 348. Senator Haine. Senator Haine. Madam Secretary, please read the fine gentleman’s bill.
House Bill 348. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative of the Credit Union Association. It has no opponents. It is a -- merely a mechanism to bring the credit unions into line with recent changes in the federal law which regulate the federally charted credit unions. It allows a different way to determine historical loss rates and a few other things that allow them to be competitive.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 348 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 55 {sic} (56) voting Aye, none voting Nay, 1 voting Present. House Bill 348, having received the required constitutional majority, is declared passed. House Bill 363. Senator Delgado. 363. Out of the record. House Bill 364. Senator Frerichs. Senator Frerichs, 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 364, sir? Out of the record. House Bill 366. Be prepared, Ladies and Gentlemen. Out of the record. House Bill 370. Senator Forby. Madam Secretary, read my good friend’s bill, please.
House Bill 370. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.
Thank you. House Bill 370 went through the House with no opposition, went through the committee, went through the Senate with no committee {sic}. The House -- Michael Dean’s a teacher from Johnston City, was struck and killed by an uninsured -- uninsured driver. The driver only received a small fine, a slap on the wrist. This legislation will hold the uninsured driver responsible for the accident. These drivers will face a Class - - misdemeanor, which means they will face up to a year in prison and a fine of two thousand five hundred dollars. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 370 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, none voting Present. House Bill 370, having received the required constitutional majority, is declared passed. House 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Bill 379. Senator Cronin. Senator Cronin. 379. Madam Secretary, read the gentleman’s bill.
House Bill 379. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.
Thank you very much, Mr. President. House Bill 379 allows for the use of the reverse auction method of procurement by purchasing officers under the jurisdiction of the Director of CMS, as well by -- as well as by units of local government, for purchasing, with the exception of procurement for professional and artistic services and contracts for construction projects. This is a reform measure. This is a way to get the biggest bang for the buck and have it out there in a transparent way. I know of no opposition. I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 379 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. House Bill 379, having received the required constitutional majority, is declared passed. House Bill 382. Senator Maloney. Madam Secretary, please read the gentleman’s bill, House Bill 382.
94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 House Bill 382. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. House Bill 382 extends -- amends the Nurse Education Scholarship Law, providing that the Department of Public Health must offer scholarships to individuals who agrees to be nurse educators. As you know, this is what’s behind the nurse shortage in the State of Illinois - not necessarily qualified people to be nurses, but the nurse educator. And this would go a long way toward alleviating that problem. I would be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall House Bill 382 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 58 voting Aye, none voting Nay, none voting Present. House Bill 382, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go back to House Bill 364. Senator Frerichs. Madam Secretary, please read the gentleman’s bill. Before we read that bill, Senator Viverito, for what purpose do you seek recognition, sir?
Mr. President, I think we have a very distinguished guest here today. I’d like you to give a warm welcome to our State 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Treasurer, Alexi Giannoulias. The great Alexi Giannoulias.
PRESIDING OFFICER: (SENATOR HENDON) Treasurer Giannoulias, welcome to the Illinois Senate. Welcome, sir. Madam Secretary, read the gentleman’s bill, 364.
House Bill 364. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
…very much, Mr. -- Mr. President. House Bill 364 creates the Veterinary Loan Repayment Program, which is subject to appropriation. This program would allow the University of Illinois to issue loans to students at the College of Veterinary Medicine who wish to fill high-need, high-demand veterinary positions upon completion of their degree.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall House Bill 364 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 58 voting Aye, none voting Nay, none voting Present. House Bill 364, having received the required constitutional majority, declared passed. House Bill 392. We’re going to 392. Senator Martinez. Madam Secretary, please read the lady’s bill.
House Bill 392. 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 392 makes a number of changes with regards to the Grow Your Own Teacher Education Initiative. The bill redefines “hard-to- staff school” as one serving a substantial percentage of low- income students. It also removes maintaining average retention rates as a goal of the program. Adds bilingual education as a hard-to-staff position. Changes eligibility requirements for candidates to the program and makes several other clarifying changes. And I’ll be happy to answer any of your questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 392 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. House Bill 392, having received the required constitutional majority, is declared passed. House Bill 394. Senator Haine. Senator Haine. 394, sir? Madam Secretary, please read the fine gentleman’s bill.
House Bill 394. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Senator Haine.
…you -- thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a -- an insurance bill which requires that an actuarial opinion be issued by property casualty insurance companies to the Department and it requires certain things in that actuarial opinion so that the Director of Insurance may know that these property casualty companies are solvent and that they are doing what they’re supposed to be doing.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 394 pass. All those in favor will 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. House Bill 394, having received the required constitutional majority, is declared passed. House Bill 402. 402. Senator Garrett. Senator Garrett, 402? Senator Garrett? Madam Secretary, please read the lady’s bill.
House Bill 402. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett, on House Bill 402, madam.
Yes, thank you very much, Mr. President. House Bill 402 amends the State Finance Act to create the Private Sewage Disposal Program Fund in the State treasury, and requires fees 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 collected by the Department of Public Health for exams, licenses, permits and fines to be deposited into the fund, appropriated by the General Assembly to the Department. The fund, subject to appropriation, must be used by the Department to devise and maintain a tracking program for private sewage systems and maintenance requirements for these systems, to support private sewage disposal education and training, and to administer grants. Be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Risinger.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will. Senator Risinger.
Senator Garrett, what’s the purpose of tracking the sewage systems?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Well, Senator Risinger, as you know, if we don’t track them and -- and keep on top of any problems, it -- it could be a huge detriment to our water system.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Yeah. Senator Garrett, are you aware that the public health systems in each county now has a tracking record of -- of 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 all those, because they issue permits and fees for all of those systems?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Then, Senator Garrett, what’s the purpose of the duplication of this system? And why -- why should we be spending State money when we already have a system in place?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Thank -- thank you. This is to ensure that contractors, plumbers, anybody that constructs, installs, repairs or modifies any type of a private sewage disposal system will be on the radar. We’ll be able to do this and -- and that kind of work will be tracked.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
To the bill, Mr. President: This bill is one that is a prelude into the EPA issuing permits for sewage systems in the downstate districts. Downstate districts have a -- an issue with the soil conditions. We have clay soils downstate. We need these kind of systems at work. We right now have a system in place where the health departments issue permits for these 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 systems. And if there is a problem, the health department can be notified; they go out and inspect the systems and issue any kind of citations or requirements for the systems to be replaced or repaired. This would be a prelude to getting in place a system where an additional fee can be charged for these systems and a tracking that is not necessary. Right now, EPA has requested, through the federal government, a policy and a procedure to take care of this. And this bill is -- is one that is intrusive and not necessary at this time.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
…you -- thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will. Senator Righter.
Senator Garrett, first, what are the fees and fines? What are those fees and fines that are going to pay for this tracking fund? Where -- where are those monies going to come from? Who’s going to get fined? Who’s going to get feed?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
The -- a cost of the -- a permit should be allocated for the - where are you - fees and fines.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Well, now, a permit for what, Senator Garrett?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
The permit is to make sure that the EPA is able to monitor. So when somebody is going to hook up to a -- a sewer -- the sewage system, that there is knowledge of that. Right now - Senator Risinger is correct in what he’s saying - they -- they - - they can get a permit, but they don’t have to get a permit. And when they don’t have to get a permit, then sometimes these types of projects are not on anybody’s radar. So this is why it’s important. Because you don’t want unnecessary hookups or - - I don’t want to say illegal hookups, but you don’t want hookups that nobody is aware of. And that’s why this is important.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
With -- with all due respect, Senator, I think I’m going to correct you there. Someone has to permit those. In -- in my -- in downstate Illinois, which is where this really applies to, the local public health departments, by State law, already have to permit these systems before they’re put in the ground. Now you’re saying that State government is going to have another layer of regulation on top of those, another fee system for -- and might put in place new maintenance requirements for these systems. Is that -- is that what you’re telling me, Senator?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett. 102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Senator, are you confused with another bill? I think you and Senator Risinger are confused with Senate Bill… I -- really?
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to respond to that question, sir.
No. You have another bill out there, Senator Garrett, that’s House Bill 170. I’m not talking about this one. This -- I mean, I’m not for that one either, but this is an issue as well. Because what you’re saying is, we’re going to have a fund that’s going to be created by fines assessed on people who are going to have to get permits, and we don’t know who those people are yet. But I will tell you that the systems that you’re referring to, Senator Garrett, are systems that are already permitted by the local public health departments. They’re already signed off on by public health officials.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
But not by the Illinois Environmental Protection Agency. And, unfortunately, a local health department is different when it comes to possible pollutants or -- or problems with these kinds of hookups. And so, these types of applications, you’re right, will apply more to southern Illinois because they aren’t doing it there and we want to make sure that your water is clean and that you have done things properly.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, if you could wrap it up, sir, I -- Chair 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 would appreciate it, sir.
Mr. President, I appreciate your indulgence. This is a big deal to constituents in downstate Illinois. Senator, there are tens of thousands of these residential systems in downstate Illinois. There is absolutely no way on earth, even if we devoted the entire State budget to the Illinois Environmental Protection Agency, that they would be able to track and monitor all those. But what you’re saying is, is that Springfield is going to know enough about these that they’re going to track ‘em and issue permits. Senator Garrett, you’re walking into a system that is already regulated. And these homeowners down here in -- in downstate Illinois who depend upon these systems, I mean, most of them are lower-income or middle/lower-income individuals. This is going to reach out, place new maintenance requirements on them, put new fees or fines on them. Well, you’re shaking your head, but otherwise there’s not going to be money in the fund, Senator. So, why don’t -- maybe you -- if there’s things in here I don’t understand, why don’t you walk me through ‘em?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett, to wrap it up, please.
I’m trying. So, this is not -- it’s -- it’s not going to apply to the past. It will apply to new hookups - possible -- potential new hookups. So, it’s not going to apply to what has taken place before. Nobody’s going to be asked to go back and pay a fee if the work was already completed.
PRESIDING OFFICER: (SENATOR HENDON) 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Senator Righter, I asked the sponsor to wrap it up, sir. Could you wrap it up, sir? Senator Righter.
Senator Garrett, point to me in the bill where this is prospective only. Read the line, or whatever -- because that’s not the way the bill reads now. There’s nothing in here that limits the IEPA to prospective or systems to be installed.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett, to answer the gentleman’s question and to conclude, because the Chair -- the Presiding Officer’s going to move forward. Senator Garrett.
So, Senator Righter, I guess I would turn that around and ask you to show me where it -- where it appears, at least in your mind, that this actually is not prospective. The bill’s intention - and if you need clarification, I’m saying it on the Floor - is not to go back and -- and look at the hookups the way they were done in the past, but prospectively make sure that all future hookups are done properly.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall House Bill 402 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 26 voting Aye, 23 voting Nay, and 2 voting Present. House Bill 402, having not received the required constitutional majority, is declared failed. House Bill -- Senator John Jones, for what purpose do you seek recognition, my friend? 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank -- thank you, Mr. President. Just a -- just a question of the -- of the President. This bill -- this bill did fail just now, but that is an important bill to most of the State of Illinois and I -- I understand why we’re wanting to rush through here and try to get as many bills done as possible, but there are certain bills that we need to take a little time on. And so if I could ask your indulgence when we have a bill like this just to give us a few more minutes, I would appreciate it and I know everybody in the Chamber would. I understand we want to try to rush through and get as many bills done today as we can, and we will help you do that, but when an important issue is up here, we ought to have time to debate it. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones, I gave more time to Leader Righter than I normally do. And the bill did fail, which you know, I sort of, kind of, voted with you there. So, please indulge the Chair just a little bit. I understand what you’re saying. We are quite late today and I’m just trying to move it forward. But I understand and I will be tolerant, sir. Can I move forward, sir? Senator Jones.
Yes, Mr. President. I appreciate that, but, you know, I had my light on before we actually called for a vote and I would have liked to have asked a couple questions. But the bill failed and let’s move forward and -- and let’s just remember from now on that there are important issues that need to be debated. We’re going to have an Agreed Bill List, I think, so 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 some of these bills we’ll be able to get off here. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Certainly, Senator Jones. I did not see your light until I’d asked her to conclude. House Bill -- Senator Sullivan, for what purpose do you seek recognition?
Thank you, Mr. President. On the previous bill, House Bill 402, I -- inadvertently pressed the Yes. I want to be recorded as a No.
PRESIDING OFFICER: (SENATOR HENDON) Record will so reflect. House Bill 404. Senator Steans. Madam Secretary, read the bill.
House Bill 404. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Yes, this bill requires the Department of Public Health to identify a member of the staff to deal with issues pertaining to chronic obstructive pulmonary disease, or COPD. It’s subject to appropriation.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 404 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 56 voting Aye, none 107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 voting Nay, none voting Present. House Bill 404, having received the required constitutional majority, is declared passed. We’ve already recognized the Treasurer. House Bill 437. Senator Haine. Senator… Madam Secretary, read the gentleman’s bill.
House Bill 437. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a bill -- an initiative of Lewis and Clark Community College in my district. It just asks the authority to be granted to them to increase their bond limit. They can issue bonds for -- to -- from four and a half million to twenty million, which is necessary for a campus, the bulk of which was built before the Civil War. This is the old Monticello College. And it’s been a big expense to them to go out in increments of 4.5 million dollars. There is no bond limit for K through 12. They’re asking just to have a bond limit of twenty million to repair these buildings consistent with health and safety.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Indicates he will. Senator Pankau.
Does this just apply to that one community college or does it apply to other community colleges also?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Senator, for that question. It applies to Lewis and Clark and to southwest -- Southwestern community college. Those -- those are the only two. That -- that’s all.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
A question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen.
Senator, do I understand correctly that this limit is being raised from 4.5 million to twenty million - that’s a four- hundred-percent increase - without the voter’s approval?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
That is correct. It does not result in a tax increase because the bond limit -- the bonds can be sold consistent with their current levy. The problem is they’ve been limited to 4.5 million, which costs them more money when they do it in smaller increments. They can do three of these - it costs more than if they did one for twenty. So, you’re not raising the tax rate, 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 you’re just raising the bond limit.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
So -- just one last question. Let’s see, it doesn’t make intuitive sense to me that you can increase a debt service by four hundred percent and it’s not going to cost somebody something more somewhere. But I’ll take -- I -- I -- I take your word for that because you’ve studied this closer than I have. However, I think also then, if that’s the case, why can’t the good people of that area be asked that question on a referendum? And if it is so obvious that your taxes aren’t going to go up, why wouldn’t they want to support their good community college? So, why not go to the voters when you’re increasing a debt limit by four hundred percent?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
I think that’s a great philosophical question. But the law, we allow an unlimited debt limit for this purpose. These are dedicated revenue streams. Doesn’t allow for an increase in -- in taxes. If it’s put on the ballot, people, in the present climate, may vote it down. Putting it on the ballot costs money too. So, this seems to be the most economical way to do it. They have an elected board that’s responsible to the voters. And this board is a conservative board. It goes into several counties. The -- there -- there are Republicans on the board, Democrats on the board. It is a conservative institution with a conservative group of people running it, and this seems to be 110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 the best way to do it economically to save money.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall House Bill 437 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 41 voting Aye, 13 voting Nay, none voting Present. House Bill 437, having received the required constitutional -- declared passed. House Bill 442. Senator Link. Out of the record. House Bill 446. Senator Hunter. Madam Secretary, read the lady’s bill.
House Bill 446. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 446 amends the Illinois Identification {sic} (Identification Card) Act, and it requires the Secretary of State to print an applicant’s signature or official mark on all Illinois identification cards and Illinois disabled person’s identification cards after the applicant has made his or her signature or the official mark upon electronic signature pad. This basically updates the technology that he has on…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 446 pass. All those in favor, vote Aye. 111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 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, none voting Nay, none voting Present. House Bill 446, having received the required constitutional majority, is declared passed. House Bill -- 466. Senator Frerichs. Madam Secretary, read the gentleman’s bill.
House Bill 466. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Thank you, Mr. President. House Bill 466 adds Champaign County to the list of specified counties within which municipalities may annex property up to 1.5 miles from its corporate boundaries. Property more than 1.5 miles from the annexing municipality can be retained by the county board by a two-thirds affirmative vote of the county board.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 466 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 57 voting Aye, none voting Nay, none voting Present. House Bill 466, having received the required constitutional majority, is declared passed. House Bill 471. Senator Burzynski. Out of the record. 112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 House Bill 472. Senator Crotty. Madam Secretary, please read the lady’s bill.
House Bill 472. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
Thank you very much. House Bill 472 has been brought to me by the Metropolitan Water Reclamation District. It would amend the District’s Act to clarify the definition of allowable costs to be charged to the reserve claim fund in instances relating to the repair or replacement of district property that is damaged by fire, flood, explosion, vandalism or any other peril, natural or manmade. I ask for a Yes vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 472 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 56 voting Aye, none voting Nay, none voting Present. House Bill 472, having received the required constitutional majority, is declared passed. House Bill 475. Senator Syverson. Senator Syverson, 475? Out of the record. House Bill 477. Out of the record. House Bill 480. Senator Demuzio. 483. 480? 480 is on Agreed Bill List. 483. Senator Sandoval. Senator Sandoval? Madam Secretary, please read the gentleman’s bill. 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
House Bill 483. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
Thank you, Mr. President, Members of the Illinois Senate. House Bill 483 amends the Metropolitan Water Reclamation District Act as relates to purchasing of emergency supplies. The Metropolitan Water Reclamation District -- currently authorized to make purchases of emergency-related material/supplies up to twenty-five thousand dollars. HB483 would increase that amount to fifty thousand dollars. This is - - the dollar threshold that they’ve been living with of twenty- five thousand dollars has been around for ages, and we all know with the inflation and, over the last few years, the increase of costs in regards to major infrastructure emergency repairs that you can’t -- you won’t be able to find a contractor in Illinois to fix a major sewer, like the deep tunnel, for twenty-five thousand dollars. I’d ask your favorable support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 483 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 52 voting Aye, 2 voting Nay, 1 voting Present. House Bill 483, having received the required constitutional majority, is declared passed. House 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Bill 488. Senator Holmes. Senator Lauzen, for what purpose do you seek recognition before we go to 488, sir?
Thank you, Mr. President. Just a quick personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I’d like to introduce a contingent of good friends from Aurora who are here today to support Senator Holmes’ resolution to put a -- a citizen advocate on a national railroad board. But they’re in the -- the gallery just above here on the right. Just like a -- to welcome them to the State Senate.
PRESIDING OFFICER: (SENATOR HENDON) Will our friends from Aurora and that area stand? Welcome to the Illinois Senate. Welcome. House Bill 488. Senator Holmes. Madam Secretary, read the lady’s bill.
House Bill 488. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
Thank you so much, Mr. President. I would also like to extend a welcome to my Aurora folks. But let me go ahead and introduce my bill here. And this is House Bill 488. Very simply to sum it up, it’s -- this bill allows patients who take the same medication over an extended period of time for chronic conditions to visit a physician every ninety days, instead of 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 every thirty days, to get a new prescription. This is Schedule II drugs and they can go and they can get ninety days, but fill them every thirty days.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 488 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 56 voting Aye, none voting Nay, none voting Present. House Bill 488, having received the required constitutional majority, is declared passed. House Bill 490. Senator Bomke. Madam Secretary, please read the gentlemen’s bill.
House Bill 490. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bomke.
Thank -- thank you, Mr. President. House Bill 490 would require the Department of -- Department of Financial and Professional Regulations {sic} (Regulation) to develop an appropriate consumer fact sheet regarding information on what is generally covered under identity theft insurance and how to protect himself or herself from identity theft.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 490 pass. All those in favor will vote Aye. 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 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 56 voting Aye, none voting Nay, none voting Present. House Bill 490, having received the required constitutional majority, is declared passed. We’re going to go to page 55. Before we do, the Chair would like to remind all of you that the Senate/House softball game is next Wednesday. Next Wednesday at 5:30. So get your stretches in. Be prepared. We’re going to stomp those House chickens as usual. So be prepared. Next Wednesday, 5:30. House Bill 520. Senator Collins. Madam Secretary, please read the lady’s bill, even though she doesn’t play on the softball team.
House Bill 520. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 520 defines, under the Juvenile Court Act, a “mentally capable adult relative” and a “physically capable adult relative”. This is an initiative of the Cook County State’s Attorney’s Office. Because, currently, they find that a lot of children or minors have been left with an adult relative that might be addictive, have an addictive problem, a drug addict or alcoholic, and this is to ensure that -- they wanted to further narrow down that the adult relative has to be 117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 mentally capable and physically capable of care.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 520 pass. All those in favor will say {sic} 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. House Bill 520, having received the required constitutional majority, is declared passed. House Bill 529. Senator Delgado. Senator Delgado. Out of -- Madam Secretary, read the gentleman’s bill.
House Bill 529. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.
Thank you, Mr. President and Members of the Chamber. On House Bill 529 -- on 529, provides that a court hearing a child’s case under the Juvenile Court Act may order DCFS to provide services set forth in the child service plan, if those available services are not provided with reasonable promptness. The bill will also set forth procedures if a court finds that a child service plan is not reasonably calculated achieving the child’s permanency goal. And this is an initiative of the Cook County Public Defender, the AIDS Network, Cook County State’s Attorney and DCFS. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Is there any discussion? Seeing none, the question is, shall House Bill 529 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 57 voting Aye, none voting Nay, none voting Present. House Bill 529, having received the required constitutional majority, is declared passed. House Bill -- Senator Hunter, for what purpose do you seek recognition?
Mr. President, I was pressing everyone else’s button, but forgot to press my own button. I would have voted for -- a Aye vote on that bill. I’m so sorry about it.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Press yours first. House Bill 564. Senator Althoff. Senator Althoff, the Treasurer’s a nice guy, but do you want your bill? Out of the record. House Bill 567. Senator Raoul. 567. Senator Raoul. Madam Secretary, read the gentleman’s bill.
House Bill 567. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President. House Bill 567 permits electors who have lived in a community-integrated living arrangement for thirty days or longer preceding an election to vote in that 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 living arrangement {sic}.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 567 pass. All those in favor will 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 58 voting Aye, none voting Nay, none voting Present. House Bill 567, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go back to House Bill 562, Madam Secretary. 562. Because there’s an amendment. We’ll return House Bill 562 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 House Bill 562. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, to explain your amendment, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The underlying bill is the cross-reporting bill for reports of child abuse and animal abuse. The amendment is a technical amendment. It clarifies the disciplinary options for DCFS workers. With the amendment, it would eliminate the last little bit of opposition. I’d like to adopt the amendment and will hold the bill for further debate later.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, 120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 say Aye. Opposed, say Nay. The Ayes have it. In the opinion of the Chair, the Ayes it. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Going to go to House Bill 571. Senator Noland. My good friend, Senator Noland, 571, sir? Madam Secretary, please read the gentleman’s bill.
House Bill 571. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President. House Bill 571 creates the Federal Stimulus Tracking Act, which would require the Governor’s Office to track and report - through DCEO, that is - to track and report monthly - excuse me - the State’s spending of its stimulus money under the American Recovery and Reinvestment Act. Reports shall be made available on the State’s website. It must be filed with the -- with the Legislature. The General Assembly may not {sic} by resolution request specific data and findings to be included in the report. So, this is something in which this -- this group would act autonomously and provide information to us and increase transparency. This bill passed out of committee unanimously. I know of no opposition. I ask for an Aye vote. 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 571 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 58 voting Aye, none voting Nay, none voting Present. House Bill 571, having received the required constitutional majority, is declared passed. House Bill 585. Senator Althoff. Madam Secretary, please read the lady’s bill.
House Bill 585. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you very much. House Bill 585 raises the threshold from twenty to thirty thousand for required bidding in counties. Be happy to take any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 585 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 55 voting Aye, 1 voting Nay, none voting Present. House Bill 585, having received the required constitutional majority, is declared passed. House Bill 605 -- 607. Senator Martinez. 607. Senator Martinez. 122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Out of the record. House Bill 617. Senator Holmes. 617? Madam Secretary, please read the lady’s bill.
House Bill 617. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
Thank you so much, Mr. President. Basically what this does is it cleans up an unintended consequence of the original bill that -- and this was on the Agreed Bill List. It just requires that an Internet game service provider provides game services on a paid subscription base rather than a fee base. And it also says that when they’re canceled, the consumer has to be able to cancel the services on-line as one of their means of canceling.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 617 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 56 voting Aye, none voting Nay, none voting Present. House Bill 617, having received the required constitutional majority, is declared passed. House Bill 624. Senator Kotowski, sir. Madam Secretary, please read the gentleman’s bill.
House Bill 624. (Secretary reads title of bill) 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 624 seeks to allow companies, unions, or any other eligible parties submitting applications for job training grants administered by DCEO an option for verifying whether or not the trained employees are Illinois residents.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.
Senator Kotowski, you had a bill either identical or very similar to this bill earlier, did you not?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Yes, I did.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
It’s my recollection, Senator Kotowski, that in the Senate bill that you sponsored, there was a provision in there that prohibited anyone who was in the country in violation of federal law from accessing any of the training grant money. Is that -- 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 is that in this bill as well?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
That is correct.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. Seeing nothing further, question is, shall House Bill 624 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 55 voting Aye, none voting Nay, 1 voting Present. House Bill 624, having received the required constitutional majority, is declared passed. House Bill 628. Senator Steans. 628. Senator Steans. Out of the record. House Bill -- 645. Senator Martinez. Out of the record. House Bill 656. Senator Noland. Senator Noland? Out of the record. House Bill 667. Senator Holmes. Madam Secretary, read the lady’s bill, 667.
House Bill 667. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
Thank you so much, Mr. President. House Bill 667 would allow elected three-member boards of trustees of a fire protection district to add two members and become five-member boards by ordinance. Basically what this does is this treats 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 elected boards like appointed boards.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 667 pass. All those in favor will 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 52 voting Aye, 2 voting Nay, none voting Present. House Bill 667, having received the required constitutional majority, is declared passed. Senator Murphy, for what purpose do you seek recognition? Going to go to page 57 on your Calendar. Is House Bill 675. Senator Haine. Senator Haine? Out of the record. House Bill 680. Senator Risinger. Senator Risinger, sir? Madam Secretary, read the gentleman’s bill.
House Bill 680. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Thank you, Mr. President. This amends the Illinois Renewable Fuel Development Act. And what it does, it allows the DCEO to grant -- give grants to applicants who install advanced technologies for water usage, carbon footprint reductions and other blending improvements to optimize their process. I’ll be glad to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 shall House Bill 680 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 58 voting Aye, none voting Nay, none voting Present. House Bill 680, having received the required constitutional majority, is declared passed. House Bill 684. Senator Raoul. Out of -- Senator Raoul? Out of the record. House Bill 706. Senator Kotowski. Wait a minute. I’m sorry. 704. Senator Forby. Then we’ll come to you, sir. Senator Forby? 706. Senator Kotowski. 704 is out of the record. 706. Senator Kotowski. Madam Secretary, read the gentleman’s bill.
House Bill 706. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Are you sure, Mr. President?
PRESIDING OFFICER: (SENATOR HENDON) Not really, but… Senator Kotowski.
Yes. House Bill 706 amends the Veterans’ Health Care Insurance Program Act by requiring the Department of Healthcare and Family Services to present evaluation and report to be submitted to the Governor and General Assembly by March 1st, 2010, detailing the availability and access to health care for veterans who are Illinois residents. I would ask for an Aye 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 706 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? I’m giving you a little extra time, because I don’t want any broken ankles or anything like that before the softball game. But be ready. Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 706, having received the required constitutional majority, is declared passed. Especially you two, ‘cause you’re expendable. House Bill 722. Senator Koehler. 722, sir? Madam Secretary, read the gentleman’s bill.
House Bill 722. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. House Bill 722 moves a current Section that permits municipalities and counties to aggregate their electrical load from the Public Utilities Act into the Illinois Power Agency Act, which removes the regulation of an aggregation program from the Illinois Commerce Commission and gives it to the Illinois Power Agency. This bill changes the aggregation process and allows municipalities and counties to implement an opt-in or an opt-out 128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 program, whereas current law only permits an opt-in program. The opt-out provisions require a municipal or a county to submit a referendum seeking residential approval to operate an opt-out program. In addition, it lays out the steps required for an opt-in program. The bill was included on the House Agreed Bill List and I would appreciate an Aye vote…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 722 pass. All those in favor will say -- 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. House Bill 722, having received the required constitutional majority, is declared passed. It is the intention of the Chair to go for about another thirty minutes. If we keep up with this pace, we can make that. If not, we’re going to go to about 6. I know you want to get out of here, so let’s keep up this pace. House Bill 740. Senator Steans. Madam Secretary, read the bill. House Bill 740 is returned to 2nd -- 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 House Bill 740. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Yeah. The Floor amendment adds horticulture to the list of industries that’ll be considered green in this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans, on your amendment.
Yeah. I’m sorry. Yeah, Floor Amendment No. 1 to House Bill 740 adds -- just simply adds horticulture to the list of industries that’ll be considered green in the program here.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further -- further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 745. Senator Collins. Out of the record. Senator Steans, you’re now on 3rd Reading for next -- next time. House Bill 746. Senator Koehler. Do you want this, sir? 746. Madam Secretary, read the gentleman’s bill.
House Bill 746. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. House Bill 746, as amended, amends the Disability Services Act of 2003 130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 to authorize the Department of Human Services to operate a Rapid Reintegration Pilot Program to prevent unnecessary institutionalization of individuals with physical disabilities or mental illness and to permit them to successfully return to their pre-admission living situations. This bill details the operation of the demonstration project and declares that the initial pilot program sites must be those initiated or operated by the Department in FY’09 and that the pilot project is allowed to be expanded to other locations as funding becomes available. I’m happy to answer any questions, and I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 746 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 58 voting Aye, none voting Nay, none voting Present. House Bill 746, having received the required constitutional majority, is declared passed. House Bill 756. Senator Silverstein. Madam Secretary, read the -- House Bill 756 is returned 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 House Bill 756. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein, to explain your amendment. 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank you, Mr. President. Just a technical amendment to clarify some penalties against adoptive parents that don’t comply with the orders -- adoptive orders.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. …Bill 758. Senator Frerichs. Senator Frerichs? Out of the record. House Bill 759. 759. Senator Silverstein. Madam Secretary, read the gentleman’s bill.
House Bill 759. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Thank you, Mr. President. This is identical to the bill we -- passed out of here, 1930. It creates the Uniform Guardianship and Protective Proceedings Judicial {sic} Act. I’ll ask -- take any questions regarding the Act.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 759 pass. All those in favor will vote Aye. 132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 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. House Bill 759, having received the required constitutional majority, is declared passed. With the leave of the Body, we’re going to return to House Bill 704. Senator Forby. My good friend, Senator Forby, on 704. We’re going to return to that particular bill so my good friend can call his bill. Madam Secretary, read the gentleman’s bill.
House Bill 704. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.
Thank you. House Bill 704 will allow Calhoun County, Edwards County and Union County to move from a three board member commissioner to a five board commissioner {sic}. This change must be approved by the voters on a referendum which can be -- be by the board commissioner or ten percent of the registered voters. If the referendum is successful, the State’s Attorney will perform and implement and add the two commissioners.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 704 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 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 704, having received the required constitutional majority, is declared passed. We’re going to go to House Bill 761. Senator Hunter, on 761? Madam Secretary, please read the lady’s bill.
House Bill 761. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 761 amends the Juvenile Court Act regarding permanency hearing for minors in DCFS custody. And it basically provides that where a minor is in custody of DCFS under court order, the court shall conduct permanency hearings for minors. And it -- it -- it clarifies the procedural and the substantive requirements for permanency hearings applying also to minors who are in custody of DCFS pursuant to court orders but have not been previously determined to be abused, neglected and delinquent minors. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 761 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 58 voting Aye, none voting Nay, none voting Present. House Bill 761, having 134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 received the required constitutional majority, is declared passed. House Bill 793. Senator Burzynski. Out of the record. House Bill 796. Senator Wilhelmi. Senator Wilhelmi, 796, sir? Madam Secretary, please read the gentleman’s bill.
House Bill 796. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 796 transfers the authorization to administer the LIHEAP program, the weatherization assistance program and supplemental low-income energy assistance fund to DCEO from the Department of Healthcare and Family Services. It also raises the income eligibility limit for the energy assistance program from a hundred and fifty percent to two hundred percent of the federal nonfarm poverty level until June 30th, 2012, or until the federal stimulus resources for this program are expended, whichever occurs first. I ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 796 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 58 voting Aye, none voting Nay, none voting Present. House Bill 796, having received the 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 required constitutional majority, is declared passed. House Bill 797. Senator Syverson. Out of the record. House Bill 799. 799. Senator Syverson. Madam Secretary, read the gentleman’s bill.
House Bill 799. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President and Members of the Chamber. This legislation strictly does what a number of cities have already done when it comes to minors. It makes it illegal for minors to possess tobacco and implements a fine system. Currently it’s illegal for minors to purchase it, but not illegal to maintain it. This legislation makes it illegal to possess it as a way to curb smoking. Know of no opposition.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall House Bill 799 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 56 voting Aye, none voting Nay, none voting Present. House Bill 799, having received the required constitutional majority, is declared passed. House Bill 806. Senator Harmon. 806. Senator Harmon. Out of the record. House Bill 809. Senator Demuzio. 809. Senator Demuzio. Out of the record. House Bill 811. Senator 136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Silverstein. Madam Secretary, read my friend’s bill.
House Bill 811. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Thank you, Mr. President. This creates the Uniform Prudent Management of Institution {sic} Act and repeals the other Act. It provides for standards and rules for institutions regarding managing and investing charitable endowment funds. I’ll take any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 811 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, none voting Nay, 1 voting Present. House Bill 811, having received the required constitutional majority, is declared passed. House Bill 812. Senator Haine. 812, sir? Senator Haine, sir? Senator Haine, sir? Madam Secretary, read the gentleman’s bill.
House Bill 812. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine. 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill exempts from the mandated insurance provisions of the Act specialist -- specialty policies - dental only, vision only, policies for limited or specified diseases. It -- it’s not -- it doesn’t take away any mandate for the usual health insurance. There’s no opposition.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 812 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. House Bill 812, having received the required constitutional majority, is declared passed. House Bill 818. Senator Delgado. Madam Secretary, read the gentleman’s bill.
House Bill 818. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.
Thank you, Mr. President, Members of the Senate. House Bill 818 expands the health benefits for workers with disabilities program to include persons with a medically improved disability and subject to federal approval. And I would ask for your Aye vote. 138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall House Bill 818 pass. All those in favor will vote Aye. Opposed will 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 55 voting Aye, none voting Nay, none voting Present. House Bill 818, having received the required constitutional majority, is declared passed. House Bill 853. Senator Muñoz. Senator Muñoz, 853? Out of the record. House Bill 870. Senator Bomke. Senator Bomke, 870, sir? Go -- Madam Secretary, read the gentleman’s bill.
House Bill 870. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bomke.
…you -- thank you, Mr. President. This was an identical bill that was on the Agreed Bill List. It went over to the House. It simply would allow the Village of Sherman to extend their TIF district from September 17th, 1986, from twenty-three to thirty-five years.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 870 pass. All those in favor will 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 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Nay, none voting Present. House Bill 870, having received the required constitutional majority, declared passed. House Bill 880. Senator Dillard. Senator Dillard, 880? Out of the record. House Bill 883. Senator Frerichs. Senator Frerichs? Madam Secretary, read the gentleman’s bill.
House Bill 883. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Hi. This bill removes the provision from the Counties Code that says test wind towers must be dismantled within three years of being put up.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 883 pass. All those in favor -- I’m sorry, sir. Senator Righter.
Thank you very much, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.
Senator Frerichs, looking at my analysis, I noticed that there were seventeen non-affirmative votes in the House of Representatives. Knowing how in tune you are with what goes on in the other Chamber, can you give us an idea of why it would 140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 have drawn that kind of opposition?
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
I was not in the House, present at the time. I’ve not had anyone contact me to let me know why they’re opposed to it. I think there might have been some misunderstanding about it taking away responsibility from county boards. But this provision does not do that. Basically, it still allows county boards to regulate wind towers in their area. But there is -- it -- it takes away the mandate that they take down the -- take down these wind towers after three years. But sometimes wind patterns change, so the wind companies want to keep ‘em up a little longer to study the -- the towers longer. But if a particular county wants to change this, they can.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Senator Frerichs, that was a gallant, yet somewhat strained attempt to explain the seventeen No votes. I’d like to offer another option. I was just advised by staff that it was a vote on different substantive language over in the House. It was a Open Meetings Act exception over there, so I guess that’s probably why it got seventeen No votes over in the House. I suspect if it had this language on it, it would have received a unanimous roll call. So, with that, I urge a Yes vote on House Bill 883. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 883 pass. All those in 141 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 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. House Bill 883, having received the required constitutional majority, is declared passed. House Bill 897. Senator Steans. Senator Steans, your bill is more important than their bill. Madam Secretary, please read the lady’s bill.
House Bill 897. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Plus their bill is a bad bill. Senator Steans.
It is not. House Bill…
PRESIDING OFFICER: (SENATOR HENDON) It was a good bill.
House Bill 897 amends the Illinois Identification Card Act to enable the Secretary of State Office, who administers the ID card program, to allow homeless people to get an ID -- identification card with no fee.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Murphy, sir.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Murphy. 142 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
What would be the process for confirming the identity of the homeless person getting the ID?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
It’s a authorized entity that would confirm the identity of that -- of the homeless person, somebody from an overnight shelter in an emergency housing assistance program, somebody from the longer term transitional housing program that’s -- you know, that’s providing the housing for the person, or federal and State aid program manager, somebody who works for the State or the federal government providing food stamps, medical assistance and those kinds of programs.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
But -- but how do they all confirm who the applicant is? I guess the -- the concern we’ve got is, are we opening a door here to create an avenue for people to get fake -- you know, a fake -- a legitimate-looking ID that is really fake? And I’m just wondering if this doesn’t create a bigger loophole for people to do that than currently exists. And if you could address that I’d appreciate it.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
This bill is not changing the law around a homeless person being able to get an ID. It simply says they no longer have to 143 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 pay a fee. So it’s not changing that ability. It’s just now -- these folks now are verifying that they’re homeless to the extent that they know it and are eligible for the fee waiver. But it’s not changing the process.
PRESIDING OFFICER: (SENATOR HENDON) Is there anything further? Seeing none, the question is, shall House Bill 897 pass. All those in favor will 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. House Bill 897, having received the required constitutional majority, is declared passed. House Bill 898. Senator Frerichs. Madam Secretary, read the gentleman’s bill.
House Bill 898. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Mr. President, House Bill 898 allows faculty or staff members to express their views to any public official without notice or approval of the university or community college, provided that the faculty or staff members do not represent that they are speaking for or on behalf of the university or community college.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, 144 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 shall House Bill 898 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 57 voting Aye, none voting Nay, none voting Present. House Bill 898, having received the required constitutional majority, is declared passed. House Bill 899. Senator Frerichs. Madam Secretary, read the gentleman’s bill. He’s still standing.
House Bill 899. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Thank you again, Mr. President. This bill is similar to the last one I brought up. It’s an issue of free speech at university campuses. House Bill 899 provides that a university or community college cannot prevent an employee from displaying political buttons, stickers, or patches while on university or community college property, provided that the faculty member’s displaying it for a purpose relevant to the subject of instruction.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 899 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 55 voting Aye, 1 voting 145 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Nay, none voting Present. House Bill 899, having received the required constitutional majority, is declared passed. House Bill 914. Senator Bond. Senator Bond? 914, sir. Madam Secretary, read the gentleman’s bill.
House Bill 914. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond, on House Bill 914. Senator -- Senator Bond.
Thank you. This amends Public Act 95-400. Establishes the monitoring device driving permit, which allows first-time DUI offenders to drive during the summary suspension so long as the vehicle being driven is equipped with a breath alcohol ignition interlock device, the BAIID. Ask for a favorable -- favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Righter.
Senator Bond, if you would walk through that for me again, please. My understanding is, you’re expanding the number of offenses to which that device would apply, or using that device would apply. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) 146 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Senator Bond.
I’ll be happy to go through the four points one more time. What this does, it clarifies what happens when an offender’s -- when it’s canceled. It also adds the offense of aggravated fleeing and eluding to the list of offenses that result being canceled, currently including non-aggravated fleeing and alluding, a less serious offense. And then, finally, it clarifies that a hearing to rescind does not automatically result in a rescission.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
When you talk about a cancellation, Senator Bond -- was that your cell phone, Senator Bond? Are you getting a call? All right. When you talk about a cancellation, Senator Bond, a cancellation of what exactly?
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
What -- what’s the specific question?
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Mr. President, I was a little amused that Senator Bond was getting a text message while we’re talking about a driving offense. Senator Bond, you referred to cancellation of the device. I’m trying to get a better handle on, when you use that term, in what context you’re talking about and how that relates 147 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 to fleeing and eluding and the other offense that you mentioned.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Give me just a second to answer your question.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Bond.
All we’re doing is expanding the device -- when it’s canceled, when they’re fleeing and alluding.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, are you -- Senator Righter.
Thank you, Mr. President. I’m sorry, I mean, we are still -- we’re trying to work through this. When the device is canceled or when -- when the device is canceled? I -- I don’t understand the relationship, Senator Bond - help me out - between -- you’re using the term when the device is canceled and other offenses like fleeing and eluding. Or maybe you can give me an example -- give the Body a hypothetical, maybe make us understand it better.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
We’re referring to the cancellation of the -- the monitoring device permit.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
148 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 So, an individual is now -- could be charged with fleeing and eluding if they’re driving after the device has been canceled? Is that what you’re suggesting?
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Only if they’re convicted of the eluding charge, then it is canceled.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, you know, Senator John Jones told me to give you all the time in the world. So I’m trying to do that. But I hope we can wrap this up. Senator Righter.
I -- first of all -- and I appreciate, Mr. President, how closely you listen to Senator Jones. You know, I’m going to ask, Senator Bond, could you -- would you mind -- I’m going to ask the sponsor to take the bill out of the record so that I can walk over there and talk to him and his staff and get a feel for what this bill does. Because I just don’t think that we have that right now.
PRESIDING OFFICER: (SENATOR HENDON) That -- that’s Senator Bond’s decision.
Absolutely. And -- and that’s my -- and -- and if he chooses not to do so, I respect that, but I just…
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
This is -- this is a cleanup bill. It passed unanimously 149 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 out of the House. You supported this in committee. This is a - - supported -- the proponents are the Secretary of State, the State Police, the Illinois Association of Chief {sic} (Chiefs) of Police.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, Senator Righter. He’s not taking it out of the record. Senator Bond, to close then. Senator Bond, to close.
This is a very simple cleanup part -- part of the Act. I would just ask for a -- a favorable consideration. Again, it’s an agreed-to bill. It passed unanimously out of the House, had no problems in committee. Would just ask for favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 914 pass. All those in favor will vote Aye. Opposed will 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 53 voting Aye, none voting Nay, 1 voting Present. House Bill 914, having received the required constitutional majority, is declared passed. House Bill 926. Senator Viverito. Senator Viverito. Out of the record. House Bill 927. Senator Kotowski. Madam Secretary -- House Bill 927 is returned to 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 927. Madam Secretary, are there any amendments approved for consideration?
150 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Floor Amendment 2, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 retains the underlying bill and removes health spending accounts from the list of possible rewards or incentives for participating in wellness coverage. The amendment also removed language requiring an enrollee from demonstrating compliance with treatment recommendations due to the fact that this may make them noncompliant with the Health Insurance Portability and Accountability Act.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 934. Once we adopt the amendments, we’re going to come back to ‘em later, Senator. 934. Senator Haine. Madam Secretary, please read the bill.
House Bill 934. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine. 151 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a -- suggests that certain people convicted of a forcible felony or violations of the Humane Care of Animals Act cannot possess an unsterilized or vicious dog.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall Senate Bill 934 pass. All those -- I mean, House Bill 934 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 57 voting Aye, none voting Nay, none voting Present. House Bill 934, having received the required constitutional majority, is declared passed. House Bill 952. Senator Haine. 952, sir. Senator Haine, do you wish it, sir? Senator Haine. 952, sir? Madam Secretary, read the bill.
House Bill 952. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President. This is not another dog bill, Mr. President. This is a good bill that is -- provides the prevailing wage to be required in a city for demolition purposes. It’s an initiative of the Operating Engineers.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Pankau. 152 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank you, Mr. President. I urge an Aye vote on this. I think the sponsor neglected to say that this is “public works” demolition project. And those are the magic words. It’s a public works demolition project. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, to close.
Senator Pankau made the best closing that I can…
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 952 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 52 voting Aye, 2 voting Nay, none voting Present. House Bill 952, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, we started at 9 this morning. We’re going to be wrapping it up very soon. House Bill 964. Senator Hutchinson. Out -- 964, do you wish it? Or we can skip it and come back later. Madam Secretary, read the lady’s bill.
House Bill 964. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) No recall? Senator Hutchinson, on your bill.
Thank you -- thank you, Mr. President and Ladies and 153 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Gentlemen of the Senate. House Bill 964 provides that the posting required for recall or warning under the Children’s Product Safety Act can be in an electronic format if the retailer posts a physical sign in a prominent location that discloses where recall or warning notices are located in the store. Currently, when a retailer notice of recall or warning on children’s products, it must remove the item or program its registers to ensure the product cannot be sold. The background for this is that when this was first enacted, no one -- no one anticipated the flood of recall and warnings that have recently occurred, so retailers are actually running out of prominent spaces in their stores to post the recalls. Some retailers have developed in-store kiosks designed to allow for the electronic posting of these warnings. And the advantages for the consumer include the fact that the electronic recalls or - slash - warnings are searchable as opposed to having to wade through all the paper postings. This is actually an agreement between the Illinois Retail Merchants Association and the Office of the Attorney General, and I’d ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 964 pass. All those in favor will 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. House Bill 964, having received the required constitutional majority, is declared passed. House Bill 972. Senator Muñoz. Madam Secretary, read the gentleman’s bill. 154 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
House Bill 972. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 972 requires boards of schools, public universities and community colleges that hold any type of event at the school on November 11th to conduct a moment of silence at the event to recognize Veterans’ Day.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 972 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 56 voting Aye, none voting Nay, none voting Present. House Bill 972, having received the required constitutional majority, is declared passed. House Bill 976. We’re passing the bills that are on the Agreed Bill List. House Bill 976. Senator Althoff. Madam Secretary, read the lady’s bill. House Bill 976 is returned to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 976. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Althoff. 155 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Floor Amendment 1 just made some technical changes. Do you intend to call the full bill or, like others, are we going to wait for 3rd Reading?
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there -- been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 979. Senator Koehler. Madam Secretary, read the gentleman’s bill.
House Bill 979. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. House Bill 979 requires that the first IEP, or the individualized educational program {sic}, in effect when a student turns fourteen and a half to include measurable postsecondary goals and other information related to training, employment, education and, where appropriate, independent living skills and transition 156 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 services needed to assist the student in reaching those goals. This bill deletes the current requirement that transitional goals be considered and developed if they -- if needed at the IEP meeting during the school year in which the child turns fourteen and a half. Greater flexibility is provided under this bill to invite additional participants to the IEP meeting to develop transitional goals. It also requires follow-up services required under the IEP that are provided for by an entity outside of the school district. I’d ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 979 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. House Bill 979, having received the required constitutional majority, is declared passed. House Bill -- well, we’re at 5:30. We’re going to go a little bit longer and that’ll be about it. House Bill 1103. Senator Frerichs. 1003. I’m sorry. Madam Secretary, read the gentleman’s bill.
House Bill 1003. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Thank you very much, Mr. President. This bill is similar 157 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 to a bill we voted on earlier today, House Bill 466, but it extends those coverages to the entire State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 1003 pass. All those in favor will 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 57 voting Aye, none voting Nay, none voting Present. House Bill 1003, having received the required constitutional majority, is declared passed. Madam Secretary, Messages.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 27, together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 27. Passed the House, as amended, May 13th, 2009. We have received like Messages on Senate Bill 125, with House Amendment 1; Senate Bill 212, with House Amendment 1; Senate Bill 275, with House Amendment 1; Senate Bill 1133, with House Amendment 1; Senate Bill 1140, with House Amendment 1; Senate Bill 1254, with House Amendment 1; Senate Bill 1296, with House Amendment 1; Senate Bill 1357, with House Amendment 1; Senate Bill 1391, with House Amendment 1; Senate Bill 1417, with House Amendment 1. 158 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 All passed the House, as amended, May 13th, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR HENDON) Ladies and Gentlemen of the Senate, we’re going to go just a little bit longer - about ten more -- ten, fifteen more minutes. John Charles, ten or fifteen more minutes? House Bill 1014. Senator Crotty. …a little longer, ‘cause some people have bills they want to get today. Senator Crotty. Madam Secretary, read the lady’s bill.
House Bill 1014. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
Thank you very much. House Bill 1014 amends the Nurse Practice Act, the Pharmacy Practice Act, the Illinois Controlled Substances Act to clarify that advanced practice nurses can prescribe any Schedule III through V controlled substances. The Nurse Practice Act is amended regarding the graduate degree requirement for advanced practice nurses who have national certification as a certified registered nurse anesthetist.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Dillard. No? Yes? Okay. Seeing -- is there any discussion? Seeing none, the question is, shall House Bill 1014 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 159 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 1014, having received the required constitutional majority, is declared passed. We -- we may make it to the bottom of the page. House Bill… Senator Dillard, for what purpose do you seek recognition, sir?
Thank you. Just on a point of inquiry, Mr. President. Some of the Members back here and our staff are wanting to know if -- if and when - basically when - we might see a draft of this Agreed Bill List. And secondly, what’s your prognosis for Friday? Are we here or not?
PRESIDING OFFICER: (SENATOR HENDON) As far as I know, the Agreed Bill List has about a hundred and fifty bills on it. You should get it today - today they should get the Agreed Bill List? - to -- to take a look at. The prognosis for Friday is we will be in for a little while, then we’ll -- we’re trying to get you home for the weekend. Come -- President will make the announcement, but we’ll try to get you home for the weekend and then come back Sunday or Monday. Of course, I would prefer Monday. The Agreed Bill List, you should have it first thing in the morning. Senator Noland, for what purpose do you seek recognition, sir?
Thank you, Mr. President. I just wish to be recorded as an Aye vote on that last vote -- last…
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. House Bill 1015. Senator Haine. Madam Secretary, read the bill. 160 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
House Bill 1015. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill establishes -- re-establishes and changes and updates the qualifications for a State-certified general real estate appraiser, establishes a penalty -- criminal penalty for those appraisers who are guilty of violating the law, to assure that there isn’t a fraudulent real estate appraiser out there bilking our citizens.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 1015 pass. All those in favor will 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 58 voting Aye, none voting Nay, none voting Present. House Bill 1015, having received the required constitutional majority, is declared passed. Senator Murphy, for what purpose do you seek recognition, sir?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
Up behind me in the gallery is a good friend from back home 161 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 that I’d like to welcome. My -- my friend Luke Praxmarer is often down here with the Independent Insurance Agents. If we could all give him a good Springfield welcome.
PRESIDING OFFICER: (SENATOR HENDON) Will our guest please rise and welcome to the Illinois Senate? We always need good insurance agents. House Bill 1032. Senator Frerichs. Madam Secretary, read the gentleman’s bill.
House Bill 1032. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Thank you very much, Mr. President. House Bill 1032 increases the penalty for selling or giving a firearm to a convicted felon to a Class 3 felony. It also creates the offense of use of a stolen firearm in an offense, a Class 2 felony. Requires a sentence for use of a stolen firearm in the commission of an offense to be served consecutively.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 1032 pass. All those in favor will 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 56 voting Aye, none voting Nay, 1 voting Present. House Bill 1032, having received the required constitutional majority, is declared passed. House Bill 1035. Madam -- Senator Hutchinson. Madam Secretary, read 162 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 the bill.
House Bill 1035. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hutchinson.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1035 requires the State Board of Education to promote an annual campaign about disability history and awareness. Further, this bill provides that a university may promote educational activities on disability history and awareness. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 1035 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. House Bill 1035, having received the required constitutional majority, is declared passed. House Bill 1042. Senator Steans. Madam Secretary, read the lady’s bill.
House Bill 1042. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 163 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Senator Steans.
House Bill 1042 expands the functions of the Green Government Coordinating Council to include participating in the evaluation of proposals and subgrants performed by the Department of Commerce and Economic Opportunity to disburse the portion of the funds that qualify for State government use under the federal Energy Independence Act. This is an initiative of the Governor’s Office.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 1042 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 57 voting Aye, none voting Nay, none voting Present. House Bill 1042, having received the required constitutional majority, is declared passed. House Bill 1055. Senator Hutchinson. Madam Secretary, read the lady’s bill.
House Bill 1055. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hutchinson.
Thank you, Mr. President. House Bill 1055 extends, from 2010 to 2020, the amount of time that the State is obligated to reimburse Will County for losses in property tax revenue because 164 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 of the development of the third airport. This would be effective immediately. It’s extremely important to the towns in my district and I’d ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 1055 pass. All those in favor will vote Aye. Opposed will 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 58 voting Aye, none voting Nay, none voting Present. House Bill 1055, having received the required constitutional majority, is declared passed. House Bill 1057. Senator Hutchinson. House Bill 1057 is returned to 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 1057. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 2, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hutchinson.
Thank you, Mr. President. Floor Amendment 2 to House Bill 57 {sic} deletes the eavesdropping exemption for simultaneous audio and video recordings by identified officers whenever the officer reasonably believes recordings may assist with prosecution, enhance safety, or for any other lawful purpose. This amendment is offered to address concerns raised by circuit court judges regarding ambiguities and the potential for abuse.
PRESIDING OFFICER: (SENATOR HENDON) 165 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Is there any discussion? Seeing none, 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 1065. This is the last one on the page. Senator Silverstein. Madam Secretary, please read the gentleman’s bill.
House Bill 1065. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
You saved the best for last. This amends the Mental Health and Developmental Disability {sic} Act by expanding the definition of a “public official”. I’ll take any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 1065 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. House Bill 1065, having received the required constitutional majority, is declared passed. House Bill 1079. Senator Demuzio. 1079. Chief of 166 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Staff wants us to keep going a little while. Madam Secretary, read the bill.
House Bill 1079. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, thank you, Mr. President and Members of the Senate. House Bill 1079 seeks to increase access to dual credit courses, those of which a student receives both high school and college credit, for students across the State. The bill requires the Illinois Community College Board and the Illinois Board of Higher Ed to develop policies for granting eligibility for dual credit to students taking a course for both high school and college -- and for college credit, ensuring a student is prepared for the coursework. House Bill 1079 allows dual credit courses to be applicable at both public and private institutions of higher -- of higher education.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Wilhelmi.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Wilhelmi.
Senator Demuzio, is the intent of the legislation to enact a requirement that all dual credit students, including those 167 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 enrolled in non-transfer career and technical education classes, be required to complete the college’s placement assessment such as COMPASS and ACCUPLACER?
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
No, Senator, that’s not the intent of the legislation.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
There’s one other aspect of the bill I’d like to clarify with you today, Senator. While the bill talks about oversight by the various community colleges as to the courses and faculty being given under the dual program, I presume that it is not the intent of the legislation to have the community colleges involved in any way, shape or form in the evaluation of high school teachers as set forth under Article 24A of the School Code. Is that correct, Senator?
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Senator Wilhelmi, you are correct. Once again, it is clearly not the intent of the bill to provide the colleges with oversight as to the evaluation of teachers as set forth under 24A of the School Code. The evaluation of tenured teachers is totally separate and apart from the criteria set forth in this Act.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Maloney. 168 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank you, Mr. President. To the bill: I would just like to say that this was a very, very complicated issue when it first came out. Senator Demuzio did a great job on clarifying the issues concerning it and it passed out of the Higher Education Committee unanimously. I urge its support.
PRESIDING OFFICER: (SENATOR HENDON) Anything further? Seeing none, the question is, shall House Bill 1079 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 56 voting Aye, none voting Nay, none voting Present. House Bill 1079, having received the required constitutional majority, is declared passed. We have three more bills. House Bill 1086. Five more bills. Senator Luechtefeld. Out of the record. Love you. House Bill 1087. Senator Sullivan. Out of the record. House Bill 1088. Senator Collins. Madam Secretary, read the lady’s bill.
House Bill 1088. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill adds a Section to the Radon Industry Licensing Act for the approval of radon sampling and measurement 169 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 devices.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall House Bill 1088 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, none voting Nay, none voting Present. House Bill 1088, having received the required constitutional majority, is declared passed. House Bill 1089. Senator Jacobs. 1089. Senator Jacobs. 1089. Senator Jacobs. Madam Secretary, read the gentleman’s bill.
House Bill 1089. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
House Bill 1089 increases the Quad City Regional Economic Development Authority bonding authority to a maximum hundred million dollars -- from a hundred million, which we’re pushing the cap on, to two hundred and fifty million. I know of no known opposition. I appreciate…
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Dahl.
Thank you, Mr. President. The sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) 170 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Indicates he will. Senator Dahl.
Thank you, Mr. President. Senator Jacobs, the increase in this is from a hundred to two hundred and fifty million. What is the current bond indebtedness of the district?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
The Authority is pushing the hundred million dollars. Their cap is just about at the very top. We have before us a project that is a -- will be the largest building outside of Chicago in the State of Illinois, which we’re hoping to bond with the -- with the revenue dollars.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Senator, is the State going to be obligated?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
No, sir. Those are not moral obligation bonds. The Speaker, as I’ve learned from my few years here, doesn’t like moral obligation. Therefore, we’ve taken out the moral obligation of the State. I would point out that QCREDA has twice used the moral obligation and successfully paid that back.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen. Senator Dahl, you done, sir? Senator Lauzen.
171 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Question for the -- for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen.
Senator, I think that you described the bill initially as there’s no opposition to the bill. Yet, in committee, wasn’t Senator Burzynski, who’s not here right now, wasn’t he opposed?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Yes, I apologize for that, Senator. Senator Burzynski is generally opposed to everything.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
I know you’re just kidding about that. But what was the nature of his opposition in this case?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
I believe he doesn’t like anything that has to do with -- you know, I really don’t know. Tell you frankly. He wasn’t real clear. I think that he -- he thought maybe there was moral obligation. I told him there wasn’t. I don’t remember, Senator. You may have a better recollection than I.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
We’re going to be -- this proposal would take it -- the 172 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 bond limit from a hundred million dollars to a quarter of a billion dollars. Does it require the approval of the people who will have to pay for that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
No, sir. The Quad City {sic} (Cities) Regional Economic Development Authority has operated for about ten years under the current rules that are the same as SWIDA, as other -- or, other boards across the State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. Just a question of the sponsor. If you could just help clarify again, who is liable for these -- making the payments on this two hundred and fifty, or up to two hundred and fifty million?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
I do know that the State is not liable. And I do know that QCREDA is -- is the ultimate bag holder should something happen. Fortunately for us, we’ve done a hundred million dollars and had no problem. So I don’t expect to see a problem. We’re not asking for the State to pledge to the bonds. You know, those are always relevant questions though, Senator, and I appreciate your question.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson. 173 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009
Thank you, Mr. President. So, the only thing we’re doing is we’re just setting this limit. There is no liability to the taxpayers locally or to the State under this? The exposure is only to that organization and the banks who are funding that organization?
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson {sic}.
That is my understanding, sir.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Murphy.
Senator, our analysis indicates that the current bond indebtedness of the district is forty-eight million. They’ve got a hundred million in cap now. What’s the rationale for jumping from a hundred to two-fifty when they’ve got fifty-two? More than half of what they have now hasn’t been utilized.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
It’s -- it’s my understanding that they have a hundred million dollars pledged in obligation. The additional two hundred and fifty will allow us to build a twenty-two-story building that already has the tenants set up for it. This 174 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 allows us to get a cheaper interest rate. You know, this will be the largest building outside of Chicago, between Chicago and Kansas City. So, you know, we’re just looking for some State help. The State help is that we’ll get a lower interest rate, which the -- which the banks will guarantee. There’s -- under my -- under my -- this rule, there’s no moral obligation. This is an opportunity for the State -- for -- excuse me, for local stakeholders to help themselves. And I would point out that we passed this same exact bill about a -- about fifteen days ago 53 to 3 out of this Body.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, Senator Murphy.
One last question, what -- what’s the cost of the building and how much of it is being -- is -- is being built with these bonds and how much is being built with private funds?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
The major stakeholder in -- in -- in the building is KONE. KONE builds elevators and build most of the elevators in the Midwest. They have a corporate campus and they’re going to move off their corporate campus. But they are going to move into this new building. My understanding is that the City has certain requirements. Moline is my only Republican city and they have high requirements for who’s going where. And so for me to answer you directly, you know, I just know that I’m trying to provide them the opportunity to raise that cap so that they can do what they’re set up to do and that’s to fund projects at 175 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 a lower interest rate than a regular bank loan.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 1089 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 53 voting Aye, 1 voting Nay, 1 voting Present. House Bill 1089, having received the required constitutional majority, is declared passed. House Bill 1098. Senator Raoul. Out of the record. Did you say out of the record? Oh! Okay. House Bill 1105. Senator Raoul. Madam Secretary, read the gentleman’s bill. This is the final bill of the day.
House Bill 1105. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President. I reluctantly move forward with this bill that came out of, at least, subcommittee in the Criminal Law Committee on an agreed bills list. Uncharacteristic of me, I’m -- I’m carrying a bill that increases the penalty for disorderly conduct for a threat of violence or destruction directed against a school or persons at a school, school function or event to a Class 4 felony. I’ll be glad to yield to any questions on this bill that enhances the penalty.
PRESIDING OFFICER: (SENATOR HENDON) 176 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Is there any discussion? Senator Jacobs.
Senator, let’s talk about this Class 4 felony for a minute. What -- what exactly does -- does the bill do? Describe it to us again so we can all understand that we’re going to -- what we’re doing to the kids in these schools.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
This is a bill -- the -- the general intent of this bill is a good intent to -- to -- you know, we’ve had incidents of threats to schools and school violence. And Senator Noland had a good bill that was aimed at bomb threats toward schools, which is a good bill. But this is aimed at threats towards individuals at the school and it enhances the penalty from a misdemeanor to a felony.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Senator, I’d point out that your own analysis says that -- that -- threats or destruction directed against the school. Does that mean if a child graffities, you know, their name on the sidewalk that they could face a Class 4 felony?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
If -- if there is some threat tied to this, I guess there could be some possibility of that.
PRESIDING OFFICER: (SENATOR HENDON) 177 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 Senator Jacobs.
…belabor the point, Senator, but if -- if you would pull this out of the record and work with me to clarify some of that, I’d very much appreciate it.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you. You mean to tell me -- well, will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) This will be good. He indicates he will yield. Senator Clayborne.
You mean to tell me if -- if -- who -- who interprets what a threat is, Senator Raoul?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
You know, I -- I -- I imagine that would be a question of fact to be decided at trial. But I -- I understand the spirit of your question; there can be all sorts of things that can be interpreted as threats within a school between students and so forth.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
So, if a student gets upset and says something that’s inappropriate, he could be, or she could be, charged with a -- a 178 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 felony?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
That’s correct. Depending on what the -- on the nature of what was said.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
What -- what about a student swearing?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
If, within that swearing, there was, you know, a threat towards another student or a teacher of some violence or bodily harm, yeah.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Leader Clayborne.
There -- there doesn’t have to be any overt action, other than some words that are stated, and -- and we can -- we will start charging our students with Class 4 felonies?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Yeah, that’s correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
179 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 47th Legislative Day 5/13/2009 …Raoul, I think this bill needs some work. I think it needs -- I understand the intent of what you’re trying to do, but it’s subject to so much subjectivity in terms of the person interpreting whether there’s actually a threat or not. And I’m sure -- we -- we -- we want to protect our teachers and our administrators and our other students, but I -- I think this is subject to a lot of abuse.
PRESIDING OFFICER: (SENATOR HENDON) Was that a recommendation that he take it out of the record? Are you going to concede to that recommendation, Senator Raoul?
Mr. President, I will -- I will take this out of the record and try to work on it.
PRESIDING OFFICER: (SENATOR HENDON) Out of the record. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m. on the day of May 14th, 2009. The Senate stands adjourned. 180