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 today will be given by Dr. Maryam Mostoufi with the Islamic Society of Greater Springfield. Doctor.
(Prayer by Dr. Maryam Mostoufi)
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) Will all legislative assistants please instruct their respective Members to come to the Senate Floor? We will now proceed to the Order of House Bills 3rd Reading. If all legislative assistants could see that their Members make it to the Senate Floor in a timely fashion. We’re now going to proceed to the Order of House Bills 3rd Reading. Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Wednesday, May 20th, 2009.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending the arrival of the printed transcript. 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
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. Madam Secretary, Resolutions, please.
Senate Resolution 296, offered by Senator Brady. Senate Resolution 297, offered by Senator Harmon. They are substantive.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Messages from the House.
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 2090, 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. Passed the House, as amended, May 20th, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Wish to ask the legislative assistants one more time if you could instruct your Members to come to the Senate Floor immediately. We will be moving to the Order of House Bills 3rd Reading. We’ll be taking final action. Please have your Members come to the Senate Floor immediately for House Bills 3rd Reading. We will now go to page 56 on your Calendar. Page 56, 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 in the middle of the page, House Bills 3rd Reading. House Bill 2414. Senator Trotter. Senator Trotter. Senator Donne Trotter. Out of the record. Senate Bill 2424. Senator Crotty. Senator Maggie Crotty. Out of the record. House Bill 2433. Senator Muñoz. Senator Muñoz. Out of the record. We’ll return to House Bill 2435. House Bill 2440. Senator Martinez. Senator Iris Martinez. Out of the record. Senator -- House Bill 2445. Senator John Sullivan. Out of the record. House Bill 2448. Senator Clayborne. Majority Leader Clayborne. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 2448. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.
Thank you, Mr. President and Members of the Senate. House Bill 2448 allows school districts to contain -- to establish remote educational programs and to claim attendance days for students in such programs for general State aid claims. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Clayborne, to -- do you wish to close? Question is, shall House Bill 2448 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, 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 please take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 2448, having received the required constitutional majority, is hereby declared passed. Now proceed to House Bills 3rd Reading top of page 57 on your Calendar. Top of page 57 on your Calendar. House Bills 3rd Reading. House Bill 2494. Senator Harmon. Madam Secretary, the gentleman wishes leave… Out of the record. With leave of the Body, we will return to -- House Bill 2433. Senator Muñoz. Senator Tony Muñoz. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 2433. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2433 authorizes the Secretary of State to issue EMS Memorial Scholarship and Training license plates. The additional fee charged to purchasers of the EMS memorial license plates is to be used to provide memorial scholarships to children of EMS personnel killed during the performance of their duties or for training of EMS personnel. Grants for these purposes are to be administered by the EMS Memorial Scholarship and Training Council and -- a non-for-profit corporation. Was approved by the Illinois House by 111 to 3. I know of no opposition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Is there any discussion? Any discussion? Senator Koehler. Is there any further discussion? Any further discussion? Senator Muñoz, do you wish to close? SENATOR MUÑOZ: Just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 2433 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s 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, 2 voting Nay, none voting Present. House Bill 2433, having received the required constitutional majority, is hereby declared passed. We will go back to House Bills 3rd Reading to page 57 on your Calendar. House Bill 2507. Senator Dillard. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 2507. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Dillard.
Thank you, Mr. President, and good morning, Members. This bill is to allow and clarify what private colleges’ police officers may do around their campuses. It clarifies the duties. It is supported by the Federation of Independent Colleges and Universities. A lot has to do with the increased role and risk of terrorism and protecting the perimeters of our private 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 colleges and universities. I’d be happy to answer any questions. And, again, it comes from the Federation of Independent Colleges and Universities and just clarifies what powers private campus police have. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? The question is, shall House Bill 2507 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 57 voting Aye, none voting Nay, none voting Present. House Bill 2507, having received the required constitutional majority, is hereby declared passed. House Bill 2527. Senator Bond. Senator Michael Bond. Out of the record. House -- with -- House Bill 2530. The gentleman seeks leave… Madam Secretary, please read the bill.
House Bill 2530. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.
Thank you. Thank you, Mr. President. House Bill 2530 brings the practice into line that already exists where the mine subsidence will be listed as a disaster for the State Board of Education, so they can distribute temporary relocation loan or grant moneys to school districts.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Is there any discussion? Any discussion? Senator Cronin.
Thank you very much. To the bill, if I may.
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.
Senator Clayborne is a very effective legislator and I support much of what he does and I just wanted to caution the Body here. I believe what we’re doing is we’re making -- or we’re creating a new category of important priorities that have to be funded first. Along with classroom overcrowding and safety threats, we’re now talking about mine subsidence. So, you know, just be advised that this is going to be competing for dollars in all our respective districts. It’s important. Probably points out the importance of a capital bill. And those of us who supported it yesterday will be glad to know that schools that will be affected by mines or blasting in mines will be now a priority. It’s generally a downstate issue, but we’re here to help. So I offer those thoughts for your consideration.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any further discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) The gentleman indicates that he’ll yield.
Thank you. Senator Clayborne, can you -- if this becomes law, can you kind of give the Members an idea of what the lineup 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 looks like, if you will, insofar as priorities in the school construction program?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Clayborne.
Yes. Any natural disaster - fires, tornadoes. But as I said before, the State Board already treats mine subsidence as one of those disasters.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Well, if the State Board already treats it as thus, then is this just to make sure that later on a different State Board of Education doesn’t reverse that policy? I mean, is that -- is that a fair statement?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Clayborne.
This -- this is designed to do what we come down here to do - to make it better and to clarify it.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter. Senator Luechtefeld, for what purpose do you seek recognition?
Yes, Mr. President -- or, Mr. President and Members of the Senate, I -- in response to some of the things that have been said, you know, I -- I see nothing wrong with putting this on the list of -- of high priorities. I think, as Senator Clayborne says, it very likely is already. I think this just 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 clarifies it. You know, these are -- you know, these are things that obviously do happen more in the southern part of the State, but I -- but I do believe that it already is -- is -- is part of what -- what the -- the State Board does and I think this just clarifies it. So I -- I -- I stand in support of the bill. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Majority Leader Clayborne, to close.
Thank you, Mr. President. And I appreciate all the comments. I would just ask for your favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 2530 pass. All those in favor will vote Aye. Opposed, Nay. And the voting’s 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 voting Aye, 3 voting Nay, none voting Present. House Bill 2530, having received the required constitutional majority, is hereby declared passed. Senator Koehler, for what purpose do you seek recognition?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point, sir.
Today I have with me two students from the East Peoria Central Junior High School. And I’d like to have the Senate give a warm welcome to Demi Broderson and Austin Brown, who are 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 joining me today as Pages for the Day.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Let’s give a big hand to our Pages from central Illinois. Senator Hultgren, for what purpose do you seek recognition?
Point of personal privilege as well.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point, sir.
I’m very pleased to have a Page with me as well, helping me today voting. Ryan Filer is from Lisle, Illinois. He’s a seventeen-year-old. He’s doing a great job. He’s really watching my buttons, making sure that they get pushed correctly. And I’m really glad to have his help today. So please join me in welcoming Ryan Filer. And his family are up here in the gallery as well. So, thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Let’s give our guests a warm Senate welcome. Senator Luechtefeld, for what purpose do you seek recognition, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point, sir.
I have two young men - two very good-looking young men - from my district here as Pages today and I would -- would hope that you welcome them. First of all, John Paul Wunderlich and - - and Noah Wunderlich. So, John and Noah, would you step forward here, please? 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Let’s give our guests a warm Senate welcome. Senator Rutherford, for what purpose do you seek recognition?
Mr. President, for a point of personal privilege, if I may.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, I’m also very pleased to introduce a guest with us here today. It’s Mr. Andy Miller. He’s nineteen years old. He’s from Salem, Illinois. He’s a constituent of Senator John O. Jones and a friend of my family. And his grandmother, Bobbi, is around here some way -- somewhere. Would you please welcome Andy Miller to the Illinois State Senate, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Welcome to the Illinois Senate. Senator Risinger, for what purpose do you seek recognition, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point, sir.
Yeah, in the President’s Gallery, we have Dr. Al-Khafaji from Bradley University, who’s here today. He’s here to present an award to Senator Harmon. And would you all give him a warm welcome?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please welcome our guest in the gallery. Senator Duffy, 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 for what purpose do you seek recognition, sir?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
I also have a special guest today, Mark Madison. He’s actually a constituent of Senator Hendon. I’d like to welcome Mark here today to the Senate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please rise and let’s welcome Senator Duffy’s guest to the Senate. We will now go -- I’m sorry. Senator Jacobs, for what purpose do you seek recognition, sir?
A point of personal preference, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) I think you meant personal privilege, sir, but please state your point.
I’d like to introduce my guest today, Miss Melody Faye Stewart. Like to give her a warm Senate welcome.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please rise and let’s give Senator Jacobs’ guest a warm Senate welcome. We’ll now move forward with House Bills 3rd Reading, page 57, toward the top of the page. House Bill 2537. Senator Lightford. Senator Kimberly Lightford. Out of the record. House Bill 2542. House Bill 2542. Senator Hutchinson. Out of the record. House Bill 2557. Senator Silverstein. Madam Secretary, the gentleman wishes to proceed. Please read 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 the bill. Senator Silverstein seeks leave of the Body to return House Bill 2557 to the Order of 2nd Reading for purposes of an amendment. Seeing no objection, leave is granted. On the Order of House Bills 2nd Reading is House Bill 2557. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Lauzen.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
Thank you, Mr. President. Floor Amendment No. 3 to House Bill 2557 basically requires the pension funds, retirement systems to advise their advisors to utilize investment strategies that are designed to ensure that all security transactions are executed in such a manner that the total explicit and implicit costs and total proceeds in every transaction are the most favorable under the circumstances. Basically, this is a best practice of public pension investment management that has the investment advisors looking at the total cost, just not the most obvious costs.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 2557. Madam Secretary, please read the bill.
House Bill 2557. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Silverstein.
Thank you, Mr. President. As Senator Lauzen eloquently explained what the -- what one amendment does, but the original bill provides that the five pension systems and any State agency investing funds for those systems must make reasonable efforts to invent -- invest in economic opportunity investments, which comply with their fiduciary duty. I’ll take any questions. And again, I want to thank Senator Lauzen for his amendment. Bipartisanship still continues for the next day. So thank you very much, Senator Lauzen.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
Thank you, Mr. President. And I -- I wanted to thank Senator Silverstein for his indulgence and his patience in allowing me to work with him on this important piece of legislation.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Silverstein. The question is, shall House Bill 2557 pass. All those in favor will vote Aye. Opposed, Nay. And the 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 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 59 voting Aye, none voting Nay, none voting Present. House Bill 2557, having received the required constitutional majority, is hereby declared passed. House Bill 2625. Senator Hutchinson. Senator Hutchinson. Senator Toi Hutchinson. Out of the record. House Bill 2626. Senator Jacobs. Senator Jacobs. 2626. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 2626. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jacobs.
Thank you, Mr. President. I’m here today to ask for your support for this bill. We’re trying to end the practice of Hawkeye, which is charging utilities and other companies in Illinois thirty thousand dollars to cross their railroad tracks. This will set a flat fee of fifteen hundred dollars and I know of no real opposition. This law, patterned after one that’s been in place in Wisconsin and -- Iowa.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? The question is, shall House Bill 2626 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Secretary, please take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 2626, having received the required constitutional majority, is hereby declared passed. House Bill 2643. Senator Harmon. Senator Harmon. 2643. Out of the record. 2664. Senator Hunter. Senator Mattie Hunter. Out of the record. House Bill 2675. Senator Demuzio. Senator Demuzio seeks leave of the Body to return House Bill 2675 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of House Bills 2nd Reading is House Bill 2675. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Actually, I would like to withdraw Floor Amendment No. 2 and go to Floor Amendment No. 3.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator -- Senator Demuzio has indicated that she wishes to withdraw Floor Amendment No. 2. Madam Secretary, are there any further Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Yes. Thank you, Mr. President and Members of the Senate. Floor Amendment No. 3 deletes the underlying language and 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 becomes the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any Floor amendments -- further Floor amendments approved for consideration, Madam Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, House Bill 2675. Madam Secretary, please read the bill.
House Bill 2675. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Yes. Thank you, Mr. President and Members of the Senate. House Bill 2675 allows a school district, after consultation with the local health department, to claim a full day of attendance for days each school district comes -- a district closes one or more, but not all -- all, of their school buildings during a public health emergency if the school building was scheduled to be in operation on those days. Floor Amendment 3 also deletes provisions exempting individuals who took out-of-state basic skills tests from taking Illinois basic skills tests, unless a person passes another state’s basic 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 skills test as a condition of certification or admission to a teacher prep program.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio. I’m sorry, I was trying to multitask and I’m a linear guy. She indicates that she’ll yield. Senator Burzynski.
Thank you, Mr. President. It just goes to show you that texting while presiding is a -- is a dangerous thing to do. Senator Demuzio, just a very quick question.
PRESIDING OFFICER: (SENATOR SCHOENBERG) I’m going to wear a helmet. Can you go get me one?
Senator Demuzio, the underlying bill originally had -- had some language relative to school holidays. Is that still in this bill or is that not in the bill any longer?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Senator, that language has been -- been removed. And as you well know, due to a crisis that we’ve just experienced here, this is a proactive measure to address a concern for a number of schools throughout the State that may have experienced some closure during this swine flu crisis. 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Is there any further discussion? Senator Demuzio, do you wish to close?
I just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 2675 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 59 voting Aye, none voting Nay, none voting Present. House Bill 2675, having received the required constitutional majority, is hereby declared passed. Senator Harmon, for what purpose do you seek recognition, sir?
Thank you, Mr. President. For purposes of an introduction.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, I’m joined on the Senate Floor today by some special guests from my district, from the Village of Stone Park, Mayor Ben Mazzulla - Mayor - Mayor Ben Mazzulla; Trustee Burdi; Trustee Cassidy; and Police Chief Capece. I’d ask you to join me in welcoming them to the Senate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Let’s give a warm welcome to our guests from Stone Park. Welcome to the Illinois Senate. Senator Risinger, for what purpose do you seek recognition, sir? 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
Yeah, in the President’s Gallery, we have a couple ladies from Peoria, Deb Spencer and Ada Palmer. Would you give them a warm welcome, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please welcome our guests from Peoria in the gallery. Welcome to the Illinois Senate. We will now proceed to House Bills 3rd Reading, toward the bottom of page 57 on your Calendar. House Bill 2688. Majority Leader Clayborne wishes to -- seeks leave of the Body to return House Bill 2688 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of House Bills 2nd Reading is House Bill 2688. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.
Thank you, Mr. President. Floor Amendment 1 deletes the bill and creates a pilot program to allow permitting and limited testing of gasification conversion from -- technologies of this pilot program.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. The amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 2688. Madam Secretary, please read the bill.
House Bill 2688. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.
Thank you, Mr. President. This -- this bill allows permitting and limited testing of gasification conversion technologies of a pilot program for use of municipal waste, chicken litter, distillers grain, or switchgrass and convert it into synthetic gas for purposes of generating or creating electricity. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Dillard.
Thank you, Mr. President. If the sponsor would yield for a quick question.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The gentleman indicates he’ll yield. Senator Dillard. 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
Thank you. Senator Clayborne, our analysis says that Amendment No. 2 is needed to make this bill technically proper. But Amendment No. 2 is still in the Committee on Assignments.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Clayborne.
I -- I forgot about that. I’ll take it out of the record.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Out of the record. House -- at the bottom of page 57 on your Calendar, House Bills 3rd Reading, House Bill 3245. Senator Demuzio. Senator Demuzio. Out of the record. We’ll now proceed to House Bills 3rd Reading, top of page 58 on your Calendar. House Bill 3325. Senator Murphy. Top of page 58. Senator Murphy. Senator Matt Murphy. Out of the record. House Bill 3606. Senator Demuzio. Out of the record. House Bill 3641. Senator Bomke. Out of the record. House Bill 3649. Senator Silverstein. Madam Secretary, the gentleman wishes to proceed. Please read the bill.
House Bill 3649. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Silverstein.
Thank you, Mr. President. This -- what this does, it requires that the Department of Health investigate every allegation of abuse or neglect that the Department receives from 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 the hospital patients. The subject -- it’s also subject to appropriations.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? The question is, shall House Bill 3649 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s 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 59 voting Aye, none voting Nay, none voting Present. House Bill 3649, having received the required constitutional majority, is hereby declared passed. Senator Luechtefeld, for what purpose do you seek recognition, sir?
Thank you, Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) You’ve been busy this morning, sir.
I’ve been busy today. Yes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
I have with me today two young people. Their -- their folks are in the audience. I would like to, first of all, introduce them - if you’ll stand please. They are Christina Gray and -- and Colin Gray. And their mother and father are right up here in the -- in the audience, Steve and Denise. If you’d stand please, and if you would give them a warm welcome, I’d appreciate it. They’re from Smithton, Illinois. 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Give our guests from Smithton, Illinois, the Gray family, a warm Senate welcome. Thank you. Senator Luechtefeld, you want me to call on you again in another ten minutes? We’ll now proceed to House Bills 3rd Reading. House Bill 3690. Senator Harmon. Senator Don Harmon. Out of the record. House Bill 3697. Senator Sandoval. Senator Sandoval. Out of the record. House Bill 3714. Senator Rutherford. The gentleman wishes to proceed. Madam Secretary -- the gentleman seeks leave to return House Bill 3714 to the Order of 2nd Reading. Seeing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3714. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Rutherford.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Rutherford.
Thank you, Mr. President, Ladies and Gentlemen. The amendment becomes the bill and it changes the mandatory condition of probation or conditional discharge to refrain from possessing a firearm on a misdemeanor that does not involve the intentional or knowing infliction of bodily harm or threat of body harm against another as a discretionary condition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will vote Aye -- will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, House Bill 3714. Madam Secretary, please read the bill.
House Bill 3714. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Rutherford. And a little louder, please.
Mr. President, thank you very much. The amendment that I explained becomes the bill and I would appreciate favorable consideration.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? The question is, shall House Bill 3714 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 58 voting Aye, none voting Nay, none voting Present. House Bill 3714, having received the required constitutional majority, is hereby declared passed. Senator Harmon. House Bill 3718. Senator Harmon. Senator Don Harmon. Out of the record. House Bill 3729. Senator Murphy. Senator Matt Murphy. Out of the record. We will return to House Bill 3767. House Bill 3785. Senator Althoff. The lady indicates 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 that she wishes to proceed. Madam Secretary, please read the bill.
House Bill 3785. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Althoff.
Thank you, Mr. President, Members of the Body. House Bill 3785 makes an attempt to codify what the Supreme Court already decided, which is that municipalities may not prohibit political signs on residential property to any specific time frame. It does allow municipalities, however, to place reasonable restrictions on the size of those political signs. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? The question is, shall House Bill -- 3785 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 59 voting Aye, none voting Nay, none voting Present. House Bill 3785, having received the required constitutional majority, is hereby declared passed. House Bill 3795. Senator Hunter. The lady wishes to proceed. And the lady also seeks leave of the Body to return House Bill 3795 to the Order of 2nd Reading. Seeing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3795. Madam 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hunter.
I wish to adopt the amendment and I’ll explain it more on 3rd Reading.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. On the Order of 3rd Reading, House Bill 3795. Madam Secretary, please read the bill.
House Bill 3795. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill amends the Drug Court Treatment Act regarding 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 mandatory drug courts. It allows two or more counties within the same judicial -- judicial circuit to join together to form a single drug court program for those counties. And it also would require the approval of the county board for each county involved in the form of a drug program -- the forming of a drug program. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Hunter, do you wish to close?
I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 3795 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 59 voting Aye, none voting No, and none voting Present. House Bill 3795, having received the required constitutional majority, is hereby declared passed. On the bottom of page 58 of your Calendar, House Bills 3rd Reading, House Bill 3854. Majority Leader Clayborne. Wishes to proceed. Madam Secretary, please read the bill.
House Bill 3854. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.
28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Thank you, Mr. President. House Bill 3854 creates a commission tasked with issuing a one-time report to the General Assembly on issues related to carbon capture and sequestration legislation.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Clayborne, do you wish to close? Question is, shall House Bill 3854 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s 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 59 voting Aye, none voting Nay, none voting Present. House Bill 3854, having received the required constitutional majority, is hereby declared passed. Top of page 59 of your Calendar, House Bills 3rd Reading. House Bill 3874. Senator Lightford. Senator Kimberly Lightford. Out of the record. House Bill 3981. Senator Righter. Senator Dale Righter. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 3981. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill 3981 is a trailer bill to legislation the General Assembly passed and the Governor signed two years ago with regards to involuntary admissions. This was brought to us 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 by the mental health groups here in Illinois. I will be happy to answer any questions. Would ask for its passage. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Righter, you wish to close? Question is, shall House Bill 3981 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s 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 59 voting Aye, none voting No, none voting Present. House Bill 3981, having received the required constitutional majority, is hereby declared passed. House Bill 3986. Senator Harmon. Senator Harmon. Out of the record. House Bill 3987. Senator Harmon. Out of the record. House Bill 4021. Senator Garrett. Madam Secretary, the lady wishes to proceed. Please read the bill.
House Bill 4021. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Garrett.
Yes. Thank you, Mr. President. House Bill 4021, as amended, requires the owners of community water systems to maintain all records related to the operation of the community water system for a minimum of ten years. The bill requires the IEPA to provide a public notice within two days of determining that groundwater contamination poses a threat to the public. And then further, the owner of the community water system must 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 send a copy of the notice by first-class mail, e-mail, or any form approved by the IEPA to all residents and property owners connected to the affected community water system.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Senator John Jones.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The lady indicates she will yield.
Senator Garrett, I -- this is a big improvement over where we was with this bill and I really appreciate you working with us and -- and the Municipal League. But there’s still one part of it that -- that the Municipal League has a problem with, all of our communities - I mean, I’m getting lots of phone calls - is that even if we missed one person, there’s still a fine there. So, I would hope that -- that we will follow this up with a trailer bill and try to correct that and -- and then we’ll have the Municipal League totally in support of it also. So, I’m going to support your bill now, but I would hope that we’d do a trailer bill and follow up on that. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Senator Collins, for what purpose you seek recognition?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Lady indicates that she’ll yield.
31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Does this -- Senator Garrett, does this bill impose penalties on owners and operators of community water systems that fail to notify their customers in cases where the IEPA determines that there is contamination?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Garrett.
Yes. The bill, 415 ILCS 5/42, to impose civil penalties on owners and operators of community water supplies if those owners and operators do not comply with the new notice provisions in the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Collins.
Senator Garrett, thank you. And one more question: Does the bill impose large penalties on owners and operators of community water systems that fail to send a notice to one or two percent of their customers?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Garrett.
No. The bill simply states a maximum penalty that could be applied if an owner or operator fails to send out - excuse me - any notices, but doesn’t require a minimum -- minimum penalty in cases where there is a minor violation. The Pollution Control Board or a court can adjust the penalty to an appropriate level based on the type of violation and the specific facts of the case. This is the same approach as used for other civil penalties with the IEPA. 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Garrett, to close.
Yes. I -- I would just ask for an Aye vote. This is a very important bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 4021 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 59 voting Aye, none voting Nay, none voting Present. House Bill 4021, having received the required constitutional majority, is hereby declared passed. Chris Brooks of WICS Television requests permission to videotape the proceedings. Seeing no objection, leave is granted. On the Order of House Bills, 4048. Senator Hultgren seeks leave of the Body to return House Bill 4048 to the Order of 2nd Reading. Seeing no objection, leave is granted. On the Order of House Bills 2nd Reading is House Bill 4048. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Hultgren.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hultgren.
I actually -- I appreciate the committee’s work on this. I have decided that the amendments need some more work and I’m going to table Amendment 3 and Amendment 4 and just move ahead 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 with the basic bill. So, if I can table Amendment 3. Just withdraw, I’m sorry. Withdraw or table 3…
PRESIDING OFFICER: (SENATOR SCHOENBERG) The gentleman wishes to withdraw Floor Amendments 3 and 4 to House Bill 4048. Seeing no objection, leave is granted. Now on the Order -- are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. On the Order of 3rd Reading, House Bill 4048. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 4048. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hultgren.
Thank you very much, Mr. President. The basic bill here is very simple. What it is, is allows State’s Attorneys - and it was a initiative of the State’s Attorney’s Office in Kane County - allows State’s Attorneys to be able to use their office address when applying for driver’s licenses. There’s no opposition. I think the Secretary of State is fine with it as well. I’d ask for the support of the Body.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? The 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 question is, shall House Bill 4048 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s 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 58 voting Aye, 1 voting Nay, none voting Present. House Bill 4048, having received the required constitutional majority, is hereby declared passed. House Bill 4078. Senator Link. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 4078. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
Thank you, Mr. President. This creates the Elected Officials Misconduct Forfeiture Act, which would allow the Attorney General to file action in circuit court on behalf of the people of the State of Illinois against an elected official who has committed official misconduct or a similar federal offense and thus injured the people of Illinois. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) The gentleman indicates he’ll yield. 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
Senator Link, what prompted this bill?
PRESIDING OFFICER: (SENATOR SCHOENBERG) …rhetorical question? Senator Link.
I -- I -- I would presume that we all know what prompted this bill and I -- I think that we just want to make sure that it is adequately taken care of that someone doesn’t profit from making mistakes in the State of Illinois.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Mistakes. That’s interesting, Senator. Would this apply to a situation -- let me give you a hypothetical. Let’s say that an individual’s spouse is going to do something entertainment-wise that is going to bring in family income. Under that situation, would the Attorney General be authorized to bring an action on behalf of the people of the State of Illinois to seize that income?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
Hypothetically, I don’t want to speak for the Attorney General.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Well, I’m not asking you to speak for the Attorney General, Senator. I’m asking you to speak to what’s in your bill. And 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 I’m asking you whether or not, under your bill, the Attorney General would be authorized to bring an action under such circumstances.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
Hypothetically, I -- I -- I really couldn’t answer that question because it’s pertaining to the individual and I do not believe it would pertain to the family member.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Well, following up on that, Senator, don’t you think that’s a little bit of a gap in the bill? Because what you’re -- what you’re intending, I believe, is to not allow an individual to profit from misdeeds. But the notoriety that has been gained has been because of those misdeeds and that individual is still going to receive money into the family checking account even though it’s not him, but it is his spouse who’s producing the income. Why wouldn’t that situation apply?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
Because that is not the individual that has been convicted, accused or indicted or any other term you want to use. That is an innocent individual that still has the rights under the Constitution of the State of Illinois and the Constitution of the United States.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Senator Righter.
Mr. President, I really don’t have anything further except to wish Senator Link and others on that side of the aisle best wishes in their continuing cleanup effort. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul.
Let me say, I’m going to vote for this bill, but as I expressed yesterday, we need to pay special attention to our Constitution and -- and specifically, right now, the First Amendment. I’m uncertain, not having read every detail of this bill, whether this bill is narrowly tailored enough to meet the First Amendment concerns. And I know we want to do a lot of things reactionary to the last two Governors that we’ve had, but I really think that over the course of the next few days of this General Assembly, we ought to be very cautious as to what we do and -- and we -- we ought to be respectful of our federal Constitution as well as our State Constitution.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Link, to close.
Thank you, Mr. President. And to Senator Raoul, I will make a commitment to you. We think we have narrowed this down as -- you know, as close as we can to not violate the Constitution, because you know how strongly I am committed to you and to others to never vote for anything against the Constitution of this State or our federal Constitution. And if 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 we have to come back here with a trailer bill, I am committed to do that, to clarify anything that needs to be clarified in this. But this is something that needs to be voted out of here 59 to nothing. That we make sure that no official ever profits from any misconduct in the State of Illinois. And I’d ask for all affirmative votes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 4078 pass. All those in favor will vote Aye. Opposed, Nay. And the voting’s 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 59 voting Aye, none voting Present -- 59 voting Aye, none voting Nay, none voting Present. House Bill 4078, having received the required constitutional majority, is hereby declared passed. House Bill 4088. Senator Harmon. Senator Don Harmon. Out of the record. House Bill 4124. Senator Delgado. Senator Delgado. Madam… Senator Delgado seeks… Senator Delgado seeks leave of the Body to return House Bill 4124 to the Order of 2nd Reading. On the Order of 2nd Reading, House Bill 4124. Madam -- Senator Delgado.
Thank you, Mr. President and Members of the Senate. We want to -- in talking with the Department of Corrections and the Parole -- and the PRB, we want to table amendment that was added on here, as they are negotiating, and we hope to leave it on 2nd. And hopefully there will be an arrangement and then we can move it at that time.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Delgado moves to table Floor Amendment No. 1 to House Bill 4124. All those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and Floor Amendment No. 1 to House Bill 4124 has been tabled. The bill will remain on 2nd Reading per the sponsor’s request. House Bill 4251. Majority Leader Clayborne. Madam Secretary, the gentleman wishes to proceed. Please read the bill.
House Bill 4251. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Clayborne.
Thank you, Mr. President. 4251 just adds a one-year time limit to a provision in the Public Utilities Act that currently requires the ICC to develop benchmarks for adequate employee staffing levels for electric -- electric utility linemen, customer service call-center employees, and meter service/repair employees. We passed Public Act 95-81 in August -- on -- in -- in 2007, it became effective; however, there was no time limit to get this study done, so we’ve put a time limit to get it done.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Clayborne, to close.
I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Question is, shall House Bill 4251 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s 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 57 -- 57 voting Aye, none voting Nay, none voting Present. House Bill 4251, having received the required constitutional majority, is hereby declared passed. House Bill 4318. Senator Bond. Senator Bond. Out of the record. Senator Hunter, for what purpose do you seek recognition, ma’am?
For a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
I have a very important guest with me today, one of my Pages today. Her name is Haleema Shah. She’s a sophomore from -- from the Islamic Foundation School, located in Villa Park, but she lives in Senator Cronin’s district in Lombard. And I’d like to welcome her to the Senate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Will our guest please rise and be honored by the Senate? Let’s give her a warm hand. Senator Collins, for what purpose do you seek recognition?
Thank you, Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) State your point.
41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 I also have a wonderful Page with me today. Her name is Dana Jabri. She’s a sophomore at Universal School in Bridgeview, which is in Leader Radogno’s district. She has an interest in both fields of journalism and medicine and awarded high honor roll her freshman and sophomore year, as well as a current member of the National Honor Society. I would like for everyone to give her a warm welcome to the State Senate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please rise. And let’s welcome Senator Collins’ guest to the Senate. Senator Frerichs, for what purpose do you seek recognition, sir?
Thank you very much, Mr. President. Here to introduce my Page for the Day as well. Adham Sahloul is also a classmate of our last guest, Burr Ridge, a constituent of Leader Radogno. And I would ask you to join me in welcoming Adham Sahloul to the Senate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Will our guest please rise? And let’s give him a warm greeting. Thank you. Senator Koehler, for what purpose do you seek recognition, sir?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
I also have another Page with me, a young woman from -- actually from Burbank, but her school’s in Bridgeview. It is Chahinda Mustapha. She is a tenth grader at Aqsa School. And 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 I’d like to ask the Senate to please give her a very warm welcome.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Will our guest please rise so the Senate can give you a -- a greeting? Thank you. Senator Luechtefeld.
Thank you, Mr. President. Ten minutes is up and I’m back. I -- I was very uncharacteristic. I -- I pushed the wrong button on -- on, I think, House Bill 4048. I pushed red. Would -- would like to be recorded as a Yes vote on that. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Journal will so reflect. Senator Noland, for what purpose do you seek recognition, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point, sir.
Thank you. To my left here, I have my Page for the Day. Very proud to have Mohamed Elsharkawy from -- Senior, Universal School in Bridgeview, Illinois. Next year he plans to attend UIC, where he will be studying pre-medicine. Please give him a warm Senate welcome. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Welcome to the Senate. Senator Jacobs, for what purpose do you seek recognition, sir?
Point of personal privilege. Senator, I’d like to introduce my Page for the Day, Siddiq Ather -- Ather, excuse me. 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Like a warm welcome for the gentleman from Addison.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Let’s give our guest of Senator Jacobs a warm Senate greeting. We will now proceed to House Bills 2nd Reading on the bottom of page 59 on your Calendar. House Bills 2nd Reading. Senator Crotty. Senator Maggie Crotty. Madam Secretary, please read the bill.
House Bill 7. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Top of page 60 on your Calendar. House Bills 2nd Reading. House Bill -- 271. Senator Wilhelmi. A.J. Wilhelmi. Out of the record. House Bill 798. Senator Syverson. Senator Syverson. House Bill 798. Out of the record. House Bill 917. Senator Delgado. Out of the record. House Bill 2325. Senator Garrett. Senator Garrett. Out of the record. House Bill 2652. Senator Muñoz. Senator Muñoz. Out of the record. House Bill 4122. Senator Holmes. Senator Linda Holmes. Out of the record. We will now proceed to the beginning of House Bills 3rd Reading, page 53 on your Calendar. Page 53 on your Calendar. House Bills 3rd Reading. House Bill 50. Senator Brady. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 50. (Secretary reads title of bill) 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Brady.
Thank you, Mr. Speaker {sic}. House Bill 50 commemorates February 5th of each year as Adlai Stevenson Day in honor and remember {sic} of his public service. Adlai Stevenson was raised in Bloomington, Illinois, and served one term as Governor in Illinois from ‘49 to ‘52. He also is well known for running for President of the United States, first in ‘52 and again in ‘56. I’d ask the Body to favorably approve this House bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 50 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 59 voting Aye, none voting Nay, none voting Present. House Bill 50, having received the required constitutional majority, is hereby declared passed. House Bill 88. Senator Silverstein. Senator Silverstein. Out of the record. House Bill 153. Senator Martinez. Senator Iris Martinez. The lady wishes to proceed. Madam Secretary, please read the bill.
House Bill 153. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Senator Martinez.
Thank you, Mr. President and Members of the Senate. House Bill 153 provides that any deed executed pursuant to the Illinois foreclosure law or judgment vesting title by a consent foreclosure must state the guarantees {sic} (grantee’s) or mortgagee’s name and the name of the contact person, street and mailing address, and telephone number. This is something that we’re trying to make sure happens due to all the people who are part of a transaction that sometimes end up giving people bad deals. We want to make sure that everybody involved with that transaction is doing the right thing. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Martinez, do you wish to close?
Ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 153 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s 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 59 voting Aye, none voting No, none voting Present. House Bill 153, having received the required constitutional majority, is hereby declared passed. House Bill 170. Senator Garrett. The lady wishes to proceed. With leave of the Body, we’ll return House Bill 170 to the Order of 2nd Reading. Seeing no objection, leave is granted. On the Order 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 of House Bills 2nd Reading is House Bill -- 170. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Garrett, on Floor Amendment No. 2.
Yes. Thank you. What this does is extend the date to 2013.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. The amendment is adopted. Is there -- are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, House Bill 170. Madam Secretary, please read the bill.
House Bill 170. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Garrett.
Yes. Yes. Thank you, Mr. President. House Bill 170 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 prohibits the installation or construction of a surface discharge private sewage disposal system that discharges into the water of the United States without a National Pollution {sic} (Pollutant) Discharge Elimination System permit issued by the IEPA, or if the system is to be installed in an area in which the local public health department has a general NPDES permit issued by the -- IEPA, such system should be -- I’m sorry, shall be covered by the general permit. In the latter instance, the private sewage disposal code must be amended to comply with this new requirement. And I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Righter.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.
Thank you, Mr. President. I rise in support of House Bill 170. I appreciate very much Senator Garrett’s time and effort in taking what was a terribly contentious issue and spending a good deal of time working with legislators from all parts of the State, both sides of the aisle, and visiting with federal officials on these matters. I hope that after this bill goes to the Governor’s desk and is signed into law, that there is follow-up, particular with the Executive Branch of our State government, to rectify these issues, otherwise the General Assembly is going to continue to try to manage issues that must 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 be managed within the Department of Public Health and the Environmental Protection Agency. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator John Jones.
Thank you, Mr. President. To the bill: First off, I -- I want to commend the -- the sponsor, Senator Garrett, for working with us in -- in trying to come to an agreement. And -- and I totally shocked the House sponsor of this bill when I -- when he found out that I made the motion Do Pass in committee the other day. So we’ve come a long way. So I appreciate your -- your -- your help in trying to resolve this. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Garrett, to close.
Yes. Thank you for the vote of confidence and I’m just asking for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 170 pass. All those in favor will vote Aye. Opposed, No. And the voting’s 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 59 voting Aye, none voting No, none voting Present. House Bill 170, having received the required constitutional majority, is hereby declared passed. House Bill 174. Senator Bond. Senator Michael Bond. Out of the record. House Bill 182. Senator Haine. The gentleman wishes to 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 proceed. Madam Secretary, please read the bill.
House Bill 182. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This House bill adds to our statutory authority for a citizen, a law-abiding citizen, who has a FOID Card to possess a firearm not only in his fixed abode, on his land or in a fixed place of business, but now it adds the phrase “or a legal dwelling or a place where he or she is an invitee therein”. And then it defines what may be possessed. And I appreciate very much Senator Harmon and Senator Kotowski’s patient work on this bill, bringing it to its present fruition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) There any discussion? Is there any discussion? Senator Haine, do you wish to close?
Would ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 182 pass. All those in favor, vote Aye. Opposed, Nay. And the voting’s 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 57 voting Aye, none voting Nay, none voting Present. House Bill 182, having received the required 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 constitutional majority, is hereby declared passed. House Bill 237. Senator Demuzio. The lady wishes to proceed. Madam Secretary, please read the bill.
House Bill 237. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Yes. Thank you, Mr. President and Members of the Senate. House Bill 237 amends the Prompt Payment Act regarding the definition of goods and services under the Act and increases the interest penalties for medical services vendor payments.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio, I believe there was an amendment to this. I was the sponsor of the amendment and we are having difficulty locating it. So, could we take this out of the record momentarily and come back? And we’ll come back to it. Yes.
Okay. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Soon as we get that all squared away. Thank you so much. House Bill 277. Senator Harmon. Out of the record. House Bill -- top of -- Senator Trotter. House Bill 313. Senator Trotter. Out of the record. House Bill 314. Senator Trotter. Out of the record. Top of page 54 on your Calendar. Page 54 on your Calendar, House Bills 3rd Reading. House Bill 402. Senator Garrett. Senator Susan Garrett. House Bill 402. Out of the 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 record. House Bill 436. Senator Lightford. Senator Lightford. Out of the record. Senator Maloney, for what purpose do you seek recognition, sir?
For a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
I have with me today a good friend and a constituent, Jehad Matariyeh, who is a teacher at the Universal School in Bridgeview, and he’s here with his students, who are up in the Senate gallery. I would appreciate it if you’d give ‘em a warm welcome.
PRESIDING OFFICER: (SENATOR SCHOENBERG) House Bill 441. Senator Syverson. Out of the record. House Bill 470. Senator Martinez. Madam Secretary, please read the bill.
House Bill 470. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Martinez.
Thank you, Mr. President, Members of the Senate. 470, as amended, provides for four -- four liquor code exemptions in Chicago. Each of these exemptions is a consequence of a change of ownership which have caused the City to review the properties, which are all within a hundred feet of a church. 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 All of these entities had liquor license previously and some have licenses that are still active pending appeal and this legislation. In each of these cases, either we have a letter from the affected church or, if the church cannot send a letter in support, we have received word that the churches are not adverse to this exemption. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Martinez, do you wish to close?
I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 470 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s 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 53 voting Aye, none voting Nay, none voting Present. House Bill 470, having received the required constitutional majority, is hereby declared passed. Majority Leader Clayborne in the Chair.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Martinez, for what purpose -- purpose do you seek recognition?
I was -- I was so excited about my bill that I forgot to even vote for my own bill. So I would like to be voted Yes on - - on House Bill 470.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 The record will so reflect. I think it’s because you’re standing next to a guy that does that too, so… There’s a -- leave is -- leave has been requested by Mike Brooks with WICS to videotape. All in favor, say Aye. Opposed, Nay. The Ayes have it. You’re granted leave to videotape. We’re going to return to the Order of House Bill 237. Senator Demuzio. Senator Demuzio wishes to -- to proceed -- seeks leave of the Body to return House Bill 237 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading, House Bill 237. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schoenberg, to explain the amendment.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to House Bill 237 expands the range of services and vendors who would be covered under the Prompt Payment Act to include those who provide prevention, intervention, and treatment services and supports for -- individuals with developmental disabilities, mental health services, alcohol and substance abuse services, rehabilitation services, and early intervention services. This is an initiative of the Illinois Association of Rehabilitation Facilities. Makes an adjustment in the payment period for the Prompt Payment Act and makes an adjustment in the interest rate. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Is there any discussion? Seeing none, all -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. On the Order of 3rd Reading -- 3rd Reading, I’m sorry. On the Order of 3rd Reading, House Bill 237. Senator Demuzio, do you wish to proceed? Madam Secretary, read the bill.
House Bill 237. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio, to explain the bill.
Yes. Thank you, Mr. President and Members of the Senate. As was noted, Floor Amendment 1 to House Bill 237 includes the language from Senator Schoenberg’s 2400. Also, 237 eliminates the shortened payment period of the bill as introduced by stating that the levying of the interest payments will occur sixty days rather than thirty days at a two-percent interest rate.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 237 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. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 237, having received the required constitutional majority, is declared passed. House Bill 489. Senator Martinez, do you wish to proceed? Madam Secretary 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 please read the bill.
House Bill 489. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Martinez, to explain the bill.
Thank you. The amendment -- well, the -- delay -- it delays the effective date of the bill by six months and only allows the participation of health care providers if the tax- exempt status of the entire program is not compromised. It also creates the health care provider deferred compensation plan. Health care providers who participate in the Children’s Health Insurance Program, ALL KIDS Health Insurance or Public Aid may opt to participate in the State’s Deferred Compensation Plan instead of receiving money for services under this program. The State Board of Investment will develop and establish the program, while the Department of Central Management Services will administer the program. CMS has agreed to be a neutral party to this bill following amendment. We -- and I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 489 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? Madam Secretary, take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 489, having 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 received the constitutional -- required constitutional majority, is declared passed. Leader Schoenberg in the -- in the Chair.
PRESIDING OFFICER: (SENATOR SCHOENBERG) House Bill 519. Senator Harmon. Senator Don Harmon. Leader Harmon. 519. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 519. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 519 amends the Pension Code regarding the transfer of credits among systems for investigators. In the last General Assembly, we opened the window for transfer of service credits among funds through January 1st of 2008, but several other positions were not specifically authorized to make the transfer. This corrects that technicality and reopens the window for investigators both at the Department of Revenue and at the Office of the Attorney General to transfer their service credits by paying the employee contributions, including the -- the employer normal cost plus interest at the actuarially assumed rate. I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? The question is, shall House Bill 519 pass. All those in favor will vote Aye. 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Opposed, Nay. And the voting’s 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 58 voting Aye, 1 voting Nay, none voting Present. House Bill 519, having received the required constitutional majority, is hereby declared passed. House Bill 542. Senator Sullivan. Senator John Sullivan. Out of the record. House Bill 547. Leader Radogno. The lady wishes to proceed. Madam Secretary, please read the bill.
House Bill 547. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Leader Radogno.
Thank you, Mr. President and Members of the Chamber. House Bill 547 creates the Identity Protection Act. This is a result of a June 2006 task -- Social Security task force that made recommendations to protect the public from identity theft. There have been a number of changes made to the bill over the last few years, so there is now no opposition and it is ready to be put into effect. So I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Leader Radogno, you wish to close?
Please vote Yes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Simple enough. The question is, shall House Bill 547 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s 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 -- are 59 voting Aye, none voting No, none voting Present. House Bill 547, having received the required constitutional majority, is hereby declared passed. Senator Cronin, for what purpose do you seek recognition, sir?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) State your point, sir.
If I may, I’d like to draw your attention to the gentleman seated on my left here on the Senate Floor. I wanted to just offer a sort of commendation to Dean Clark who has served as a very valuable member of the Illinois State Board of Education. And I know it’s a labor of love for those that serve on the State Board of Education. And I know that Dean Clark has really thrown his whole life into the mission of education. He’s very active locally. He’s a businessman. He’s very active with the school community. But he really has -- he’s a great example of citizenship, who’s really devoted a considerable amount of himself to this cause. I asked Dean, I said, “Dean, how long have you been on the State Board exactly?” And he said, “Six years, four months, twelve days”. So, it’s been a very trying experience. He’s done a marvelous job. He’s a great citizen. He’s a great advocate for kids and schools and schoolchildren. And I just wanted to invite all of the State Senators to give 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 this gentleman a warm commendation and thank him for the good work that he’s done.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you, sir, for your service, Dean. And will you please rise? With leave of the Body, we will return to House Bills 3rd Reading, House Bill 436. Senator Lightford. The lady wishes to proceed. Madam Secretary, please read the bill.
House Bill 436. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 436, as amended, affects the Code of Illinois and the State Finance Act regarding ex-offender loans. This is a bill that I’d first taken to the Commerce Committee. They shared some concerns. I drafted an amendment to try to make the -- the program much stronger and I believe we’ve done that. The bill would allow DCEO to establish an ex-offender business ownership grant and loan program. It awards grants to organizations that work with ex-offenders so they can provide low-interest loans to them that would not exceed five thousand dollars in an effort to mentor them to start and operate positive businesses with their re-entry into society. It also awards grants to organizations to be used solely for the purpose of an ex-offender acquiring a business plan that’s developed in assistance by a creditable source. And in order to receive a 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 grant, the qualified ex-offender must apply and then provide fifty percent - they have to invest half - of the cost to develop the business plan. It is permissive for the Department of Commerce and Economic Opportunity so that it would alleviate any possible audit concerns. And it came over as a result to the Second Chance Act of 2007 that Congressman Davis passed in Congress and former President Bush signed on -- in April of 2008. And so it would establish this Ex-Offender Fund. No moneys from the State of Illinois - all federal dollars. And our agencies were there to assist me making this bill stronger. I’ll be happy to answer questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Senator McCarter. SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Lady indicates that she’ll yield. SENATOR McCARTER: Senator Lightford, I -- I recognize your -- your good intentions on this -- on this bill. I -- I also know that it is difficult for ex-offenders to acquire loans to start new businesses. In fact, on every SBA loan application, there’s a specific question that says, “Have you ever been arrested?” So, there’s a concern in issuing any kind of a loan to a ex- offender. Why? Because they’re not really sure they’re going to get the money back. So, for that reason, I have -- that’s one of the reasons I have a concern. But one of the things that we talked about to make this successful was the need of a mentoring program. And -- and, actually, when we -- when we 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 first heard this, that was the result of that first hearing, is that there would be a mentoring program required for this. But as of such, I haven’t seen it. It’s -- have we included that mentoring program and is it specifically stated that that is required in this?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Senator McCartney {sic}, you asked a couple questions and one was who was going to -- you were concerned that the ex- offender would not pay the loan back and that’s the reason why I sat down with the Department of Commerce and Economic Opportunity, the Department of Corrections, the State Treasurer, the House sponsor, the House staff, the Senate staff and myself. We all sat down to craft a program that we thought would be more than what the House sponsor sent over, in lieu of some of the concerns that you had. Now I have in front of me a copy of a not-for-profit organization that assist ex-offenders and they have the mentoringship opportunity there. They have vocational training, transportation, recovery home, continuing care, recovering coaching, spiritual support, drug-free or transitional housing. We all know that many ex-offenders, in order for us to reintegrate them into society, they need some type of assistance. And so we have these not-for-profit organizations, like the Safer Foundation, for example, the IOTA Incorporated, who are already assisting ex-offenders. This would just be another opportunity for them to provide the five- thousand-dollar loan. It’s not money to just give them. It’s a loan to assist them in developing their business plan and 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 carrying it forward. A business plan meaning ownership. It’s something that I thought you’d love - business. So why would you want to stop ex-offenders from having the opportunity to establish their own business, to become reintegrated into society, to move them off of our Correction’s payroll? Where now we’re literally paying thirty thousand dollars or more a year to house them. Instead, why don’t we let them have an opportunity to start their own business and allow them to be taxpayers and they pay back into a system that they once had taking care of them? So, through not-for-profit organizations, that’s where the mentoring program comes in. So if you don’t see it written clearly that it’s a mentoring program, perhaps you ought to visit some of the not-for-profit organizations that assist ex-offenders or go over to the Department of Corrections and meet with a parole officer, then you will learn the exercise in how we try to support ex-offenders from recidivism. So, I think that we have a good program here. I believe that all the agencies were involved to support it. We, in fact, had that the loan would not exceed three percent. We changed that. We made the loan two percent, lowered the prime. We addressed every concern that you have.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator McCarter. SENATOR McCARTER: Senator Lightford, I -- I guess if -- I still do have some concerns with this. I understand it appears as though we’re not giving the money -- money away, but when you -- you arrange to loan someone money with very little chance of getting it back, you’re in essence giving it away. Now, I -- I know -- I’m not 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 sure the types of businesses that were discussed in the -- in the -- in the committee - hot dog stands, barbershops and lawn care businesses - can really be started for five thousand, to include the business plan. That’s another reservation I have. But I -- I -- I suppose I was looking for the language within the bill and I just didn’t see it. And if -- and if you can tell me where it’s at, that’s -- that’s fine. I -- I just like to know where it says in the bill that organizations like this - - in fact, I don’t know the organizations you mentioned - but I just need to know where in the bill where it says that mentoring programs will be required, because I believe that’s the only way we can success -- make sure that this is going to be a success for these people that we’re trying to help.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Senator McCartney {sic}, that’s what these not-for-profit organizations like Safer are. They’re mentoring organizations for men and women who have been released from incarceration. If you need it to be so elementary stated, that’s what the organizations consist of. You know, it bothers me that you would want to debate a five-thousand-dollar loan that is not State money. It’s federal money that is coming to the State through the Second Chance Act of 2007. And the only way we can secure that support is to establish an ex-offender fund. Now instead of the money in the original bill going directly to the person, it’s going to the not-for-profit organization, who is already audited, who already help this clientele, who already provide a number of services that I’ve listed to you. Five 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 thousand dollars is enough money for an ex-offender to develop a business plan. I spoke with you about this issue. You told me that you knew people who had been released from incarceration. In fact, you stated two people. One, you said, well, he’s got a job, and the other one, his parents gave him fifty thousand dollars. Now, many individuals I know released from incarceration, if their parents would give ‘em fifty thousand dollars, if they knew their parents, if they were in a situation where they can get fifty thousand dollars from their parents, perhaps they wouldn’t have been in the situation they were in that led them to the institution in the first place. And so I’d like for Members to be open-minded to the fact that this is a loan that will be paid back to the organization, however they deem to set that up. It has nothing to do with State money. It’s from the federal government. And I just don’t understand the debate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator McCarter. SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill. SENATOR McCARTER: Ladies and Gentlemen, I -- I just don’t think this is a -- a good gamble to be taking when we’re -- we’re trying to protect the -- our taxpayers’ hard-earned money, especially during the state -- the -- the financial state we’re in. I don’t think we should be making risky loans like this. As well, the Second Chance money is federal money, but you know what? That’s my 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 constituents’ money, too. I don’t distinguish between State money and federal money. It’s all my constituents’ money. So I’m concerned about it. Also, the Second Chance program is able to help these same organizations that we’re brokering money to. We’re basically -- we’re going to take funds - federal funds - from Second Chance and we’re going to be the brokers to other organizations that help ex-offenders. Now, I -- I -- I expect that we’ve just got a lot of time on our hands and we don’t have other serious things to do. But I -- I just don’t think it’s -- it’s right for us to be doing this. It’s -- it’s -- it’s not a good risk and the mentoring program is not being mandated within it. And considering the -- the more important things we have to do regarding the State and our financial situation, I suggest we leave this up to the federal government Second Chance program to -- to go directly to the organizations. And it’d probably be best for us just to step out of this. I -- I encourage a No vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Kotowski.
Thank you. Thank you, Mr. President, Ladies and Gentlemen of the Senate. I want to thank the sponsor for her great work on this bill and for commitment to -- to making changes to meet the needs of people on the committee. You know, I’m kind of mystified why there’s so much opposition to this bill. I mean, the fact is, there’s money out there from the federal government for this program right now to help ex-offenders. It’s not like it’s a fiction. It’s a reality. And people can go and get funds to help support someone who’s working on a business plan 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 and they have to provide fifty percent of the money up front - fifty percent up front. So this isn’t something that’s based in a fiction. This is a reality. And you know what? The good news about this bill is it sets up a structure whereby DCEO can put safeguards in place that -- where the -- the organizations that are out there that work in mentoring, that work in ex- offenders. See that’s important. I worked in nonprofits for fourteen years. You could start a nonprofit for just about anything. Sometimes the safeguards in place are important. This is one of these cases. So I applaud the sponsor. The reality is, I know people are afraid of providing dollars in support for ex-offenders. I get it. I get it. But the fact remains is the dollars are out there. This is a good program. This gives people an opportunity to create jobs and make something out of their life. So I applaud the sponsor. I applaud what she’s doing. I think it’s silly that we’re having a debate over this. And let’s pass this bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
Thank you very much, Mr. President. I -- I am -- all respect to the sponsor. I respect your work and -- lovely lady. I have to say we ought to be examining our brains to be passing something like this. I have spent my entire life since I was fifteen years old serving small business. It is one of the toughest things in the world to succeed at. Only fifteen percent of the people who start in business three years later are still in business. That means that there’s an eighty-five- percent failure rate. Now, we already have in -- the -- the 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 people who are trying to help in this, with five thousand dollars -- and I took care of the books at one point through an organization of four hundred and fifty offices around the country - twenty-two thousand small business clients. The number one reason why folks fail is undercapitalization. To create the expectation and the false hope that five thousand dollars is going to allow you to be successful in business is a form of insanity. I have sat at hundreds of small business owners’ kitchen tables. I have seen marriages break up over, frankly, a spouse saying to another spouse, “You’re not the man I married anymore”, because of the failure. The wife leaves, takes the children. The person collapses. Now is this really what we want to do. Now I know that there’s an argument that says that, “Well, but this is federal money.” Like it don’t count. Well, I’ll tell you what: If I waste money out of this pocket in my pants, the federal pocket, or this pocket of my pants, the State, we’re still wasting money. So it is a form of insanity to vote Yes on this bill. It is wrong and I don’t think we can look any of our constituents in the eye and say we are the guardian of your money when we say that we’re going to trust. We’ve had credit meltdowns in all areas. This is the type of legislation that leads to bad debt and credit meltdown. Please, don’t do this. Vote No.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Emil Jones, III.
Thank you, Mr. President. I rise to move the previous question.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Senator Jones moves to rise {sic} the previous question. We have one, two, three, four -- four speakers plus the sponsor seeking recognition. Thank you. Senator Raoul.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …bill.
I appreciate Senator Kotowski’s enthusiasm on this bill. I think my -- my -- I think my emotions -- I think Senator Kotowski sucked all my energy out and -- and -- and -- and my -- my enthusiasm from yesterday rubbed off on him, maybe on the softball field. But I -- I rise in strong support of this bill. You know, the -- the Second Chance Act had bipartisan support because the United States Congress - folks on both sides of the aisle - realized that we’ve got to do something. We’ve got to do something to reduce recidivism and to allow people who have paid their debt to have an opportunity to participate in our economy. I sponsored a bill earlier this Session and I worked well with Senator Righter to -- to remove some of the barriers towards obtaining licenses for ex-offenders. But many barriers still exist, barriers to employment. So if we’re going cut the pathway to employment with other entities for ex-offenders, what other options do they have? Well, there’s two that I see. One, is recidivism - crime. The other is to employ themselves, is -- is entrepreneurship, is small business. So let’s -- let’s just look at this logically. We’re -- we’re not removing barriers enough to employment with other entities and so we leave them with two other options - crime, which impacts everybody and 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 impacts us economically, or let them provide for themselves through small business. And I think that this is -- this is a well-drafted bill in the spirit of the Second Chance Act. Should be supported on both sides of the aisle. I -- I -- I strongly urge a Aye vote on this.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Delgado.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR SCHOENBERG) The lady indicates that she will yield.
Senator Lightford, first of all, Small Business Loan Association gives small business loans to potential businesses. Isn’t that correct?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Yes, Senator.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Delgado.
So we could intelligently assume that all -- not all loans then are paid -- then are paid back and -- and -- by the SBA, and some of those businesses fail, too, don’t they?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Yes. 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Delgado.
So, to the bill, Mr. -- Mr. President: The difference is…
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.
…many times -- and I’m speaking from the perspective of a former felony parole and probation officer that I was in another state in my career. And when we talk about making a difference, maybe some of those people who are getting those loans in the Small Business Association -- the difference between them and some of these ex-offenders were they didn’t get caught in any of their errors as younger people, but they, too, fail. And when I opened up my business in Miami as -- with three thousand five hundred dollars and created a Subchapter S corporation and bought access to DuPont Teflon to do high-line vehicles and aircraft and boats, that made us a pretty profit. And that small business did make it. One of the previous speakers talked about failure. But more importantly, as someone who has had parolees and probationers on a felony level, they have met their contract. They have served their dues and that contract is to be penalized. That’s where the word “penitentiary” comes from - penance. And they have the -- they have the right to have a second chance in America, to be able to be picked up from the bootstraps and to be able to have and move forward with their lives, because they have met their obligation to that state, county or city jail. So when we also talk about having to -- to -- to rehab and give someone a second shot at the American 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 dream, we have to stop getting -- get away from the keepers and the kepts. We have to get away with -- with saying that they’ll never make it, because we are pretty much cutting off part of our society as never being able to be brought up again once upon a time. It could be our children. It could be our nephews. And it could be our neighbors. So let me let you know, as a standing person who has experience on both ends, that when I took on a parolee or probationer, we know who the good ones are. Those loans will go to the right ones and they’re very ambitious, because apparently they were pretty good businessmen on the street until they caught. So now let’s give them an opportunity to shine one more time, because this is the way it works. Once upon a time there was a man who had -- who fell three times and he was able to stand again and dust himself off. Let’s give that chance, because they did their time. They signed that contract and they’ve repaid their costs, so they paid that penance. Let’s vote Yes and let’s do the right thing. And now I’m a State Senator, Mr. President. And to close, I am proud to say, knock on wood, none of my cases have come back and recidivised and that goes from the DCFS wards to the parole and probation adults that I had on the felony list. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Trotter.
Thank you very much, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …bill.
72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 I -- I wish to commend the sponsor. We know that she has been a strong advocate in ensuring that we’re -- all the citizens of the State of Illinois, all 12.5 {sic}, have equal access to all the opportunities that it has to give. I feel compelled to speak because I’m just really shocked at some of the debate that I’ve heard today, especially from individuals who know -- who knows how this system works. Not surprised from those people who might -- might have just gotten here and doesn’t understand that we have mechanisms in place to make sure that our taxpayer dollars are not misused. DECO {sic} (DCEO) is one of those agencies. Surprised not necessarily to not hearing from them and saying, “I don’t see stuff in the bill.” Well, we have JCAR, which promulgates bills for us, which is a rule committee that we have that really spells out the intent that is there. Every -- every word and every dot -- i is not dotted in every bill. But the intent is there. This intent is to allow people to have a chance, a second chance if you will. And the - - the inference that these ex-offenders are hardened crooks and will not assume any kind of responsibilities of paying back their bills, is assuming that every ex-offender is an armed robber, every ex-offender is a bank robber. That -- but we know that there are a lot of nonviolent ex-offenders out here and they need a chance to get on with their lives. We know that unemployment in the State of Illinois is higher than -- than most states. Well, one of the ways for us to get back on our feet, to make this State viable again, is to ensure that we give opportunities to people when there’s a chance. This five thousand dollars is not a lot of money, but it’s an opportunity. It’s going to put Illinois back in its posture of taking care of 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 our own, starting with that five thousand dollars -- the things that built this State in the first place, and that is little, small mom-and-pop stores and businesses, not no big conglomerate. We’re not talking about opening up a new grocery store. But it can open up a little store on that block. We’re not talking about a big furniture store; it might be a used furniture business. But this is a help using our federal dollars, which all states get, not just Illinois. All states get these dollars to help these individuals to get that needed opportunity and we have gone further by ensuring that DECO {sic} has them mentor with established groups. This is not just giving your friend, who’s not an ex-offender, some money who’s just going to pass it to you. We have groups out here with intelligent people who knows how to work with non-for-profits, knows how to work with individuals and successful businesses that -- who’s going to be overseeing these dollars. It is just wrong that we here in Illinois don’t recognize that. Wrong that we don’t want to have individuals have another opportunity to get on our taxpayer rolls. We need those dollars. Those dollars will multiply. That fifteen percent that was mentioned that are successful, well, let’s -- let’s all pray for them and hope that that number is larger, that eighty-five percent of these individuals do not fail. There will be some failures, but if we don’t give ‘em a chance, it will be higher than that. The cost to our State will triple. Let’s pass this bill. Let’s do the right thing. Let’s stop being naïve and just hateful. This is -- and judgmental. This is the right thing to do and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Senator Jacobs.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Lady indicates that she will yield.
Senator, I -- I want to understand this. You want to give loans to people to give ‘em a second chance.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Absolutely, Senator.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jacobs.
And you expect these people who’ve had a brush with the law to put up fifty percent of the money to develop a business plan so that they can start a business so they don’t have to go back to crime. Is that what -- is that what you’re telling me, Senator?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Senator, you get it. Yes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jacobs.
…vision on our part. We’re supposed to be Senators for the people. We need to be open-minded on these kind of issues. 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Those who want to negate it, believe our citizens that have had a brush with the law should stay in the life of crime. At the end of the day, I support a second chance for these folks. You know, we’re going to get a bad bet once in a while. We may even have a -- someone who misuses the money. But the question in my mind becomes, if we don’t do it, what are we asking these people to do? And as most of us realize, most people in the criminal institutions today are minority. And if we don’t lift those people up to live like the rest of us, then how in the heck is this country going to prosper?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson, Senator Murphy, Senator Jones had moved the previous question prior to your lights going on. Senator Lightford, to close.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. You know, I think that when Senator Lauzen talked about examining our brains, I really think that Senator Jacobs get it, so if we had to examine a brain, I would like for us to defer to his brain perhaps or maybe Senator Trotter’s or Delgado’s or Raoul. Because, you know, I think that it’s so important. When we passed that capital bill yesterday and we talked about creating jobs, these are the very people who would not qualify for those jobs, because they have a felony. We have a system here in the State of Illinois that does not openly give ex- offenders an opportunity to employment. So here’s an opportunity for us to say we’re going to secure federal dollars. I’ve not asked for an appropriation from the State of Illinois. We are going to secure federal dollars that was designed from 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 the federal government to assist this country in helping ex- offenders. And this is a program that I believe will be very beneficial to them. I’ve spoken to the warden at the Stateville Prison who has a barber and teaching school there. They’re teaching them how to become licensed barbers. They -- giving them certificates. When they get out, if they want to open a barbershop, they need help. They can’t go to a bank and acquire a traditional loan because they have no credit. So here’s an opportunity for them to go to a community organization that is providing services for ex-offenders already. They’re doing it. As Senator Trotter indicated, they’re intelligent people. They know their jobs. They know how to assist in turning their lives around. This is just another tool that would help them. It would help them perhaps purchase the liability insurance that they would need. This is a example of one that I already have. It would help them purchase and receive their L2R 123 letter of certification from the Illinois Department of Revenue. It would help them purchase their BCA 2.10 Articles of Incorporation. That’s a hundred and fifty dollars right there. It would help them get their license so that they can be certified. It would give them all the assistance here that they need in order to pay two hundred and fifty dollars to the City of Chicago for their license. Five thousand dollars can go a long way in helping a individual say, “I want to purchase a lawnmower and some cutters and I want to go door-to-door in my community and start a lawn care service.” Well, how much money do you need for that? “I want to open a barbershop. I just need to rent a spot. I can cut hair. I’m licensed.” How much money do you need for that? “I want to wash windows. I want to go to all the storefronts in 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 my community and knock on their door and ask them, can I clean their windows?” How much money do they need to start a business like that? How much money do they need to get a hotdog cart and sell hotdogs and chips and pops outside of the hospitals, just in areas because their licensed to sell fruit? Have you ever stopped and purchased anything off of those carts? How much would it cost them to do that? Five thousand dollars would go a long way in helping this individual do what? Become a taxpayer citizen. No need of hustling and selling drugs no more, because he’s making or she’s making decent money to take care of their families. No need of robbering. No need to robbing the neighbors. They got their own income. And it baffles me, it does, that everybody don’t get it. What’s so difficult about the importance of reducing recidivism? What’s so difficult about understanding that we want safe communities? When that parolee is released back into my community, I want to make sure he has an opportunity or she has an opportunity to get back on their feet so they’re not hustling my child to become a gang member and sell drugs for them. Get it, people. This is not about Republican. This is not about Democrat. This is about investing in human lives. These are non-violent offenders. I made sure of that. The only opposition was the group who wanted violent offenders to be included. But guess what? I knew you guys wouldn’t get that part. So I made sure it was the non- violent offender. I also made sure that at the end of the day, nothing is guaranteed. But when you lend a hand and you give people an opportunity, you’d be surprised how you can turn their lives around and make a difference. So I just ask everyone in this Chamber to recognize that we passed a capital bill 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 yesterday that some of you actually didn’t vote for the revenue, but you voted to spend it. And some of you bragged about jobs that we’re creating. We haven’t done a capital bill in ten years - jobs, jobs, jobs. But these are the people who won’t get those jobs. These are the people that are unqualifiable. And I’m saying to you, let’s loan them and they will have the responsibility. They have to be accountable to pay the money back. And it’s not your money, by the way. It’s the federal government’s support that they’re sending down to the State of Illinois. So I ask a Aye vote, Mr. President, so that we can remove these individuals into -- from a life of crime into taxpayer citizens and keep them out of our Illinois Department of Corrections.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 436 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 43 voting Aye, 4 voting Nay, none voting Present. House Bill 436, having received the required constitutional majority, is hereby declared passed. Senator Crotty, for what purpose do you rise?
Thank you very much, Mr. President. On a point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
Up in the President’s Gallery, we have a group from my 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 area, SouthSTAR. And they’re here with quite a few of the clients for the Persons with Disabilities Awareness Day. So, I would just like to ask everybody to please -- please welcome SouthSTAR and their clients. Welcome to…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Let’s welcome our guests to the Illinois Senate. Please rise. Senator Hunter, for what purpose do you seek recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
In both sections of the gallery, I’d like to welcome some of our friends from the Council of Islamic Organizations of Greater Chicago, which are located in my district. And who are here today for the Muslim ACTION! Day.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Will our guests in the galleries please rise? And let’s give them a warm Senate greeting today. Thank you for joining us. We will now proceed, House Bills 3rd Reading. House Bill 607. Out of the record. House Bill 621. Senator Hultgren. The gentleman seeks to proceed. Madam Secretary, please read the bill.
House Bill 621. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hultgren. 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
Thank you, Mr. President. This is a -- a simple bill. It’s a township bill. Currently we allow township boards to have weed cutting. This also allows them to pay for grass cutting and bush trimming. No opposition. Would ask for the support of the Body here. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? The question is, shall House Bill 621 pass. All those in favor will vote Aye. Opposed, Nay. 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 59 voting Aye, none voting No, none voting Present. House Bill 621, having received the required constitutional majority, is hereby declared passed. Senator Muñoz in the Chair.
PRESIDING OFFICER: (SENATOR MUÑOZ) House Bill 656. Senator Noland. Out of the record. House Bill 751. Senator Steans. Indicates she wishes to proceed. Madam Secretary, read the bill. We have an amendment. Senator Steans seeks leave of the Body to return House Bill 751 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 751. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Steans.
Yes. Floor Amendment No. 1 makes it so that proceeds from 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 the sale of real estate, if a facility is getting closed, can go to help the folks located in it or also clarified it could be used to build a new facility in the same area.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor -- are there any other further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, House Bill 751. Senator Steans. Chair stands corrected. Madam Secretary, please read the bill.
House Bill 751. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Steans.
Thank you, Mr. President, Members of the Senate. House Bill 751 amends the Mental Health and Developmental Disabilities Administrative Act and State Property Control Act to require the real estate proceeds from a closed State facility, mental health or developmental disability facility, operated by DHS, to be deposited into the Community Developmental Disability (Services) Medicaid Trust Fund, and requires, if there’s any net proceeds, that DHS shall determine an appropriate amount of funds shall be 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 made available to the remaining State facilities who will care for individuals previously served at the closed facility or to help build a new facility, if that’s the intent.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, Senator Steans, to close.
I just ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 751 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 2 voting Present. House Bill 751, having received the required constitutional majority, is declared passed. On the top of the page, -- House Bill 762. Senator Harmon. Senator Trotter. Indicates he wishes to proceed. Madam Secretary, read the bill.
House Bill 762. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Trotter.
…much, Mr. President and Members of the Senate. House Bill 762 amends the Health Care Worker Background Check Act by adding that employment prohibition waivers may be allowed for health care workers who’ve been previously convicted of a crime who can 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 show that they are on a payment schedule for court-imposed fines or restitution, along with fulfilling other requirements, including a detailed explanation of each conviction. In this, there are still numerous disqualifying convictions in accordance with the Health Care Worker Background Check.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, Senator Trotter, to close.
I -- I just ask for an affirmative roll call.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 762 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 0 voting Nay, and 0 voting Present. House Bill 762, having received the -- the required constitutional majority, is declared passed. House Bill 806. Senator Harmon. Out of the record. House Bill 810. Senator Haine. Out of the record. House Bill 821. Senator Cronin. Out of the record. House Bill 852. Senator Forby. Out of the record. House Bill 1033. Senator Clayborne. Out of the record. House Bill 1105. Senator Murphy. Out of the record. House Bill 1110. Senator Jacobs. Out of the record. House Bill 1195. Senator Collins. Out of the record. House Bill 1306. Senator Harmon. Out of the record. House Bill 1322. Senator Althoff. Indicates she wishes to proceed. Madam Secretary -- we do have a Floor amendment. Senator Althoff seeks leave of the Body to return House Bill 1322 to the Order of 2nd Reading. Leave is granted. 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 On the Order of 2nd Reading is House Bill 1322. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Althoff.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff.
Thank you, Mr. President. Floor Amendment 3 actually becomes the bill and I’ll be happy to discuss it at that time.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Madam Secretary -- now on the Order of 3rd Reading, House Bill 1322. Madam Secretary, read the bill.
House Bill 1322. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff.
Thank you very much, Mr. President. House Bill 1322 creates the Transportation Development Partnership Act. It 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 gives counties a new tool to start capital projects in their district. Locals fund, per their ordinance, one hundred percent of the project up front via the proposed trust that IDOT controls. This helps recapture federal matching funds. It does require IDOT to pay the funding back within ten years, interest free. And in order to participate, the locals must commit ten percent of the total project cost that would not be refundable to them. Projects must be in IDOT’s Multi-Year Highway Improvement Program or in the appropriate Metropolitan Planning Organization Transportation Improvement. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Risinger, for what purpose do you seek recognition?
Thank you, Mr. President. To the bill: When this bill first came forward, there were -- several approached me that were concerned about the bill. I was concerned also. We’ve had some meetings and we’ve had some meetings with IDOT. We’ve had -- I’ve had some personal meetings with some of the people in the Department of Transportation, talking about this issue. There’s some key points to this -- to this bill. One, it -- it doesn’t allow any projects to move forward that are not already in the multi-year program. It does allow projects to be moved up a little bit, but it’s moved up at the expense of the moneys from the county. And the money that’s going to be paid back will be paid back in ten years with no interest. So, in reality, it really doesn’t hurt any other district and, in fact, it -- it really provides some extra money to IDOT because 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 they’re not going to pay any interest on -- on these moneys. So I do support the lady’s bill, the amendment. I think it’s a -- a good bill. I do not expect it will be used that often, to tell you the truth. I think it might be used occasionally whenever there is a project where the county can get the money together and want to move a project up for a couple/three years.
PRESIDING OFFICER: (SENATOR MUÑOZ) Seeing no further discussion, Senator Althoff, to close.
Thank you. I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 1322 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, 0 voting Nay, and 0 voting Present. House Bill 1322, having received the required constitutional majority, is declared passed. House Bill 1335. Senator Althoff. We do have a Floor amendment. Senator Althoff seeks leave of the Body to return House Bill 1335 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1335. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Althoff.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff.
The amendment actually clarifies several points in the bill 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 and makes it a better bill. And, again, I’ll incorporate that with my explanation when I talk about the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 1335. Madam Secretary, read the bill.
House Bill 1335. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff.
Thank you very much, Mr. President and Members of the Chamber. House Bill 1335 is necessary, as currently there is an inconsistent enforcement of the Illinois Accessibility Code among regional offices of education with regard to press boxes. So what we’ve done in this legislation is we have grandfathered all the existing press boxes so that they are legal and we create a task force, which was the necessary amendment. We created a task force to recommend any necessary revisions to the Illinois Accessibility Code to make it absolutely compliant with the Americans with Disabilities Act. 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, Senator Althoff, to close.
Again, thank you for the Body and I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 1335 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, 0 voting Nay, and 0 voting Present. House Bill 1335, having received the required constitutional majority, is declared passed. House Bill 1345. Senator Harmon. Out of the record. On the top of page 56, House Bill 1597. Senator Forby. Out of the record. House Bill 2239. President Cullerton. Out of the record. House Bill 2240. President Cullerton. Out of the record. House Bill 2343. Senator Steans. Out of the record. House Bill 2376. Senator Crotty. Out of the record. House Bill 2414. Senator Trotter. House Bill 2414. Yes. Out of the record. House Bill 2424. Senator Crotty. Out of the record. House Bill 2435. Senator Schoenberg. Out of the record. House Bill 2440. Senator Martinez. Indicates she wishes to proceed. Oh, we have an amendment. Senator Martinez seeks leave of the Body to return House Bill 2440 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 2440. Madam Secretary, are there any Floor amendments approved for consideration?
89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Floor Amendment 2, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Martinez.
Thank you, Mr. President, Members of the Senate. Floor Amendment No. 2 makes changes to House Bill 2440 to the definition within both the Orthotics and Perfusionist Act {sic} (Acts). And I’ll be happy to go in -- more into it in my 3rd Reading.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Now on the Order of 3rd Reading, House Bill 2440. Madam Secretary, read the bill.
House Bill 2440. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Martinez.
Thank you, Mr. President. Floor Amendment No. 2 -- oh, I’m sorry. 2440 extends the sunset on the Orthotics and Perfusionist Act {sic} (Acts) until January 1st, 2020. The 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 amendment defines that four members of the Orthotic Board of -- shall constitute a quorum. A quorum is required for all the Board’s decision. It also defines that five {sic} members represent a quorum of the Perfusionist’s and a quorum is required for all Board decisions. And it also adds an advanced practice nurse to the list of licensed physicians giving consent for orthotic services. It also adds that anyone who violates the Orthotic and Perfusionist Act {sic} will pay a civil penalty not exceeding ten thousand dollars, which is up from five thousand in statute. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, Senator Martinez, to close. She indicates she’d like an Aye vote. The question is, shall House Bill 2440 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. House Bill 2440, having received the required constitutional majority, is declared passed. House Bill 2445. Senator Sullivan. Out of the record. House Bill 2448. Senator Clayborne. Out of the record. House Bill 2494. Senator Harmon. Out of the record. House Bill 2507. House Bill 2527. Senator Bond. Out of the record. House Bill 2537. Senator Lightford. Indicates she wishes to proceed. Are there any Floor amendments? Senator Lightford seeks leave of the Body to return House Bill 2537 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 2537. Mr. Secretary, are there any Floor amendments approved for consideration? 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Lightford.
Thank you, Mr. President. Floor Amendment No. 2 creates the crime of dissemination of nude images. The Floor amendment was offered to address concerns that were raised by the Members of the Senate Criminal Law Committee. And it limits the crime of dissemination of nude images to the initial uploading of the electronic nude image to the Internet. And I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Lightford, on Floor Amendment 3.
Thank you, Mr. President. Floor Amendment No. 3 retains the original language of House Bill 2537 with Committee Amendment No. 1 and Floor Amendment No. 2. As amended, it clarifies that the crime of dissemination of nude images shall not be interpreted to prohibit any free speech protected under either the First Amendment of the United States Constitution or 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Article I, Section 4 of the Illinois Constitution. This was a concern that the Media Coalition brought to my attention and this was to address their concerns.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Now on the Order of 3rd Reading, House Bill 2537. Mr. Secretary, read the bill.
House Bill 2537. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the committee {sic}. House Bill 2537, having been amended with Committee Amendment No. 1 and Floor Amendment No. 2 and 3, the bill creates the crime of dissemination of nude images. And it does all the information that was just brought forth to you with the Floor amendments. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, the question is, shall House Bill 2537 pass. All those in favor will vote Aye. 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, and 0 voting Present. House Bill 2537, having received the required constitutional majority, is declared passed. House Bill 2542. Senator Hutchinson. Out of the record. House Bill 2625. Senator Hutchinson. Out of the record. House Bill 2643. Senator Harmon. Out of the record. House Bill 2664. Senator Hunter. Out of the record. House Bill 3245. Senator Demuzio. Out of the record. House Bill 3325. Senator Murphy. Indicates he wishes to proceed. Are there any Floor amendments, Mr. Secretary?
Floor Amendment No. 1 has already been adopted, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Murphy seeks leave of the Body -- Chair stands corrected. Mr. Secretary, read the bill.
House Bill 3325. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Murphy.
Thank you, Mr. President. This -- this -- House Bill 3325 allows for the tinting of front side windows on motor vehicles under certain circumstances. Bill is supported by the State Police. And I’d be happy to answer any questions and request an 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Righter, for what purpose do you seek recognition?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR MUÑOZ) The sponsor indicates he will yield for a question.
Thank you, Mr. President. Senator Murphy, under what circumstances would this bill allow for tinting of the front side windows?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Murphy.
Provides that a nonreflective tinted film that does not allow less than fifty percent light transmittance may be used on the front side windows immediately adjacent to the driver if the rear windows have a tint that allows seventy percent of the light -- or, no, excuse me, thirty percent light transmittance.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
Thank you, Mr. President. Senator, what’s the genesis of the bill? Why do we want to allow for this?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Murphy.
The rationale for the State Police’s support of the bill 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 was -- well, for -- there’s a couple. First is, the health concerns for people who want a little bit more tint covering their arms. It’s -- it’s documented medical literature that people actually have more left-sided skin diseases based on the sun than they do from the right. The State Police supports the idea because it actually allows for more illumination when they’re approaching than is allowed under current law. And the State Police felt this was a good safety bill for their members and that’s why they -- that’s why they are in support of the legislation.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
Thank you, Mr. President. Senator Murphy, this Chamber, a few days ago, passed a bill that would make it a crime to text while you’re driving, and there was substantive debate here on the Senate Floor about how a law enforcement officer would be able to see through the windows to see if someone was texting or not. Don’t you think that allowing for tinted front side windows will make it more difficult for police officers to see whether someone is texting in violation of the law?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Murphy.
I -- I would say that it -- it certainly has that potential, but given that you’re going to have to have lighter rear windows at that point - and, of course, there’s no tinting on the windshield where the vast majority of -- of these instances would be caught - I would think that this really 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 doesn’t do much. Although I know you’re concerned about the ability to enforce that texting ban.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Maloney, for what purpose do you seek recognition?
A question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.
Initially, according to our analysis, Senator, the City of Chicago was opposed to this. Have they been removed as opponents based on the amendment?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Murphy.
The -- the State Police’s concern is on enforcement. And - - and I appreciate the question, because the legislative intent here is to provide that enforcement would be allowed through cards, rather than having to get the tint meter. There was a cost component that the City was worried about, because the meters are fifty to a hundred and twenty dollars apiece. I’m told -- and -- and -- that -- that the tint meter cards, the actual cards, can be purchased for forty cents. And they can -- that can be used for the enforcement. So with that and with the intention being that that would constitute reasonable enforcement -- I haven’t had the chance to speak to them, but I know that was their main concern. I want the legislative intent here to be clear that what we are expecting is that this will be enforced with the forty -- forty-cent tint cards, rather than 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 requiring the expensive meter purchases.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bomke, for what purpose do you seek recognition?
Thank you, Mr. President. Question to the sponsor.
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.
Hey, sponsor. Senator Murphy. Thank you. A couple years ago, I had a bill related to albinism and lupus. I had a family who had a young baby daughter who had albinism and they had tinted their windows. I think they came from another state that allowed it. When in Illinois, of course, they were stopped and they received tickets. So I had a bill to address that issue. What instigated your bill? I mean, it’s not uncommon for a bill to come from a constituent. In that case, it was a medical situation. Is that what instigated your bill or was it a window tinting company?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Murphy.
The -- well, the industry certainly feels like there’s a better way to do what we’re doing now. They got together with the State Police - and obviously that was a predicate to my being willing to support this, was the State Police’s involvement in it and support of it. That was really what -- what motivated it for me.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Millner. Is there any other discussion? Seeing 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 none, Senator Murphy, to close.
Thank you, Mr. President. I -- I appreciate the questions. I think this is a good public safety bill for our State troopers and for police, frankly, in all of our municipalities. And I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 3325 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 voting Aye, 3 voting Nay, 0 voting Present. House Bill 3325, having received the required constitutional majority, is declared passed. House Bill 3606. Senator Demuzio. Out of the record. House Bill 3641. Senator Bomke. Out of the record. Senator Noland, for what purpose do you seek recognition?
Thank you, Mr. President. Sorry for the inconvenience, but I -- I had wished to vote Yes on Senator Murphy’s tinted window bill. So I’m not sure -- I do not recall which number that was, but if you could record me as an Aye on that, I’d appreciate it. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Noland, the record will reflect your intention. House Bill 3690. Senator Harmon. Out of the record. House Bill 3714. Senator Rutherford. 3718. Senator Harmon. Out of the record. Senator Lauzen, for what purpose do you seek recognition?
99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Thank you very much, Mr. President. Let’s see, my intention on that window tinting bill was to actually vote No. I was recorded as a Yes. Could the record reflect my intention to be a No vote?
PRESIDING OFFICER: (SENATOR MUÑOZ) Yes, Senator Lauzen, the record will reflect that you wanted to vote No on Senator Murphy’s bill. House Bill 3729. Senator Murphy. Out of the record. House Bill 3767. Senator Schoenberg. Indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 3767. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3767 is an initiative of the Illinois Public Health Institute and it specifically has to do with ensuring that we have sufficient hearings and devote adequate attention to the critical public health issue of obesity. It requires the Department of Public Health to hold at least three hearings on the health and social costs. It is designed to highlight the existing initiatives. And the hearings will be before members of the State Board of Health, the Chronic Disease Task Force, and members of each of the four caucuses. I know of no opposition. I urge your favorable support.
PRESIDING OFFICER: (SENATOR MUÑOZ) 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Is there any discussion? Senator Righter, for what purpose do you seek recognition?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR MUÑOZ) The sponsor indicates he will yield. Senator Righter.
Senator -- Senator, I plan on supporting this legislation. I do -- I do have a question, though, about the public hearings that are to be held. I -- I tend to believe that, for the most part, we know what causes obesity or takes one down the path of obesity. I wonder if you know whether it’ll be a subject of -- of discussion at these hearings about lawmakers making frequent trips back to the phone booths for snacks and whatnot and whether or not that you think that’s an issue?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Schoenberg.
Senator -- Senator Righter, if the public wishes to introduce that subject matter, they’re certainly welcome to. I personally prefer the healthier snacks, which is why you see me over on your side.
PRESIDING OFFICER: (SENATOR MUÑOZ) Seeing no further discussion, Senator Schoenberg, to close.
I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 3767 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have 101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 2 voting Nay, 0 voting Present. House Bill 3767, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll be going back to page 56 on House Bill 2435. Senator Schoenberg indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 2435. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the House {sic}. House Bill 2435 synchronizes the definition in the statute of small purchase amount that’s already given in the Illinois Procurement Code to the Toll Highway Act. And it accordingly further ensures that construction and supply contracts will go to the lowest possible bidder in an open competitive bidding process. The small purchase amounts are not exceeding thirty thousand dollars for construction and for services and supplies not exceeding ten. I know of no opposition.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, Senator Schoenberg, to close.
Ask for an Aye vote. 102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 2435 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 1 voting Nay, 0 voting Present. House Bill 2435, having received the required constitutional majority, is declared passed. House Bill 3874. Senator Lightford. Indicates she wishes to proceed. Mr. Secretary, read the bill.
House Bill 3874. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3874, as amended, incorporates technological advancements made with the locksmith industry. It amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. In the event that -- the public will be protected though {sic} the fingerprinting and criminal background checks conducted on all employees and the safeguards within the Act to the protection of confidential information. And it also ensures that all employees of licensed locksmith agencies have the proper background investigation and fingerprints if that employee is sent to the client’s location. And I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Is there any discussion? Seeing none, Senator Lightford, to close.
I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 3874 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3874, having received the required constitutional majority, is declared passed. House Bill 3986. Senator Harmon. Out of the record. House Bill 3987. Senator Harmon. Out of the record. House Bill 4088. Senator Harmon. Out of the record. House Bill 4318. Senator Bond. Out of the record. Senate will pause for a moment. Senator Righter, for what purpose do you seek recognition?
Inquiry of the Chair, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed.
Thank you. I am somewhat familiar with the Senate rules, Mr. President, but I don’t think I’m as familiar with them as you are and certainly not to the extent your Parliamentarian is. Do you know if the Senate rules contain a cap on the number of times we can go through the Calendar in a single Session day?
PRESIDING OFFICER: (SENATOR MUÑOZ) The Parliamentarian indicates he’s not aware of any. Mr. 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Secretary, Messages from the House.
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 51, 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 Amendments 1 and 2 to Senate Bill 51. Passed the House, as amended, May 21st, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, Resolutions.
Senate Resolution 298, offered by Senator Collins and all Members. It is a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Resolutions Consent Calendar. The Senate will stand in recess to approximately 2:30 for further Floor action. Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) All Members within the sound of my voice please come to the Senate Floor. All Members within the sound of my voice please return to the Senate Floor. We will be going to Senate Floor 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 action. Senator Hunter, for what purpose do you rise?
We have some very important guests that are leaving out the door here. They’re from Haines Elementary School, Chinatown, Chicago. Let’s welcome them to the Senate.
PRESIDING OFFICER: (SENATOR DeLEO) Let’s welcome our guests from Chicago, Illinois. Welcome to the Illinois Senate. Madam Secretary, Messages from the House, please.
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 54, 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. We have received like Messages on Senate Bill 1333, with House Amendments 1 and 2, and Senate Bill 1335, with House Amendment 1. All passed the House, as amended, May 21st, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, for purposes of an announcement: I’d ask all members on the Committee of Assignments to please report to the President’s Anteroom immediately. All members on Committee of Assignments please report to the President’s room -- Anteroom immediately for a 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 short -- very short committee. And I ask the Senate just to stand at ease for a moment while the Committee on Assignments meets. So we will stand at ease while the committee members meet. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Committee Reports, please. The Senate will come to order.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Appropriations I Committee - House Bill 2129, House Bill 2132, House Bill 2145, House Bill 2194 and House Bill 2206; refer to the Gaming Committee - Floor Amendment 5 to Senate Bill 744, Floor Amendment 6 to Senate Bill 44 -- 744 -- I’m sorry, that was Floor Amendment 6 to Senate Bill 744 and Floor Amendment 7 to Senate Bill 744. Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Trotter, for what reason do you rise, sir?
Thank you very much, Mr. President and Members of the Senate. I want to motion to waive postings. Continue?
PRESIDING OFFICER: (SENATOR DeLEO) Yes. Could you -- could you…
107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) For the record, sir, could you give us the bill numbers that you’re asking to waive posting on?
Yes. Thank you very much. I would like to move to waive all posting requirements so that House Bills 2129, 2132, 2145, 2194 and 2206 can be heard in the Senate Committee of -- of Appropriations I today at 4 -- at -- at approximately 4 o’clock, sir.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the -- the gentleman has asked to move all -- to waive all posting requirements so that HB 2129, HB 2132, HB 2145, HB 2194 and HB 2206 can be heard in the Senate committee today - Appropriation I at the hour of 3:55 on May 21st, today. So all those in favor will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair, the Ayes have it, and the gentleman’s motion is adopted. Okay, Ladies and Gentlemen, for purposes of an announcement: Appropriation I -- Appropriation I will meet in Room 212 at the hour of 3:55; the Gaming Committee will meet today in Room 400. Gaming Committee today in Room 400 at the hour of 4:30. For purposes of an announcement: After the committees meet, we will be returning to the Floor to read in committee reports and paperwork. Senator Brady, for what purpose do you rise, sir?
Inquiry of the Chair, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your inquiry, sir. 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
Your announcement earlier indicated that we would not be going back to substantive action later today?
PRESIDING OFFICER: (SENATOR DeLEO) That’s correct.
Sir, do you also have an idea what time we will be convening tomorrow?
PRESIDING OFFICER: (SENATOR DeLEO) What our schedule is going to be tomorrow?
Yes. What time we go into Session.
PRESIDING OFFICER: (SENATOR DeLEO) I -- we will let the Members know shortly, sir.
Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cronin, for what purpose you seek recognition, sir? And how are you this afternoon, sir?
Feeling just swell. I had a Jimmy John’s sandwich and I had those vinegar and salt chips and I feel fortified. I want to…
PRESIDING OFFICER: (SENATOR DeLEO) Look good. You look good.
I’m trying. Point of personal privilege, if I may.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir. 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
I just wanted to introduce this strapping young man from New Trier High School. He’s a smart, capable, idealistic student who’s down here learning about the process, Zack Harris. Please give him a warm welcome.
PRESIDING OFFICER: (SENATOR DeLEO) Zack, welcome to the Illinois State Senate. Welcome to Springfield. Okay, Ladies and Gentlemen, we’re going to go to House Bills 3rd Reading. This is final passage. I’d ask you to turn to your printed Calendar to -- on House -- top of page 53 of your printed Calendar is House Bill 88. Senator Silverstein, do you wish to proceed, sir? Out of the record. House Bills 3rd Reading is House Bill 174. Senator Bond. Senator Michael Bond. Madam Secretary, out of the record, please. House Bill 277. Senator Don Harmon. Senator Harmon. Out of the record, Madam Secretary. House Bill 313. That’s an appropriation bill. Out of the record. House Bill 314. Once again, Madam Secretary, that’s an appropriation bill. Out of the record. I’d ask you to turn your Calendars to the top of page 54. On the top of page 54 comes House Bills 3rd Reading. House Bill 402. Senator Garrett. It’s all about you. Senator Garrett. Out of the record. House Bill 441. Senator Syverson, do you wish to proceed, sir? Out of the record. House Bill 470. Senator Martinez. Excuse me, we will skip over that. It’s already been heard. House Bill 542. Senator John Sullivan. Senator John Sullivan, on House Bill 542, sir. Out of the record. Senator Martinez, on 607, ma’am. House Bill 607. Senator Martinez. Out of the record. House Bill 656. Senator Noland. Senator Noland. Senator Noland. How are you today, 110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 sir, Senator Noland? Good. Good. How’s college. Was college good to you, sir? Did you go to a two- or four-year college? Out of the record. Page 55 of your Calendar. Page 55 of your Calendar. Senator Harmon. Don Harmon, on House Bill 806, sir. Senator Don Harmon, on House Bill 806. Out of the record. Senator Haine. Senator Haine, on 810, sir. You’re not ready. So your request would be to take it out of the record for now, sir? Thank you very much. Senator Cronin, on 821, sir? On House Bill 821, would you like to proceed with that today, sir? The gentleman requests, Madam Secretary, that we please take it out of the record. Thank you for that kindness, Senator Cronin. House Bill 852. Senator Forby. How are you this afternoon, sir? Nice to see you today, sir. The gentleman requests 852 out of the record, Madam Secretary. House Bill 1033. Majority Leader Clayborne. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary -- Madam Secretary, please read the gentleman’s bill.
House Bill 1033. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Clayborne, to the bill, sir.
Thank you, Mr. President and Members of the Senate. House Bill 1033 provides for Medicaid eligibility for uninsured persons who are not or -- otherwise eligible for medical assistance who have been certified and referred to {sic} (by) the Department of Public Health and having been screened and 111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 found to be in need of diagnostic evaluation or treatment, or both, for -- for prostate and testicular cancer. This is modeled after what we did a few years ago for those who -- those females who suffer from breast cancer.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Clayborne. Is there any discussion? Is there any discussion? Senator Pankau, for what reason do you rise, ma’am?
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DeLEO) The sponsor indicates he’ll yield for a question, ma’am.
I believe in committee we talked about how much this was going to cost and I think I’ve gotten two pieces of correspondence from you. One said that it was going to be five million and another one said it was going to be two point something or other, I think, if my memory serves me correctly. Could you kind of tell all of us how much this would cost?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.
Thank you, Senator. And you’re correct. So I would say that it’s going to cost anywhere from 2.6 million dollars to five million dollars.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.
112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 And is that subject to appropriations, then?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.
Yes, it is.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.
Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any further discussion? Further discussion? Senator Lauzen, for what purpose you seek recognition, sir?
Thank you, Mr. President. A question for the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. Senator Lauzen.
Senator, I certainly appreciate the good that you’re trying to do with this bill. Can you address the concern that this is a -- an -- this is a -- a significant expansion of service under Medicaid, yet we’re not paying our bills that we -- for current commitments that we’ve done? Can you address that for the Body?
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Clayborne.
Thank -- thank you, Senator. I -- you know, I -- I believe this -- this issue is fundamentally one that goes to priorities. 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 You know, do we believe it’s important to provide health care for those men who possibly could lose their lives or we could save their life? This is subject to appropriation. It’s estimated to be anywhere from 2.6 to five million dollars. Do we believe that’s important? I think that’s a question that we all have to answer. And I think that all the -- the things that we do, that that’s not a significant cost to make sure that those who are uninsured for whatever reason -- maybe they lost their job; maybe they were at GM or Ford or Chrysler and they had been working hard and they decided to cut back and now they -- they have issues as it relates to -- to being able to afford screening for prostate cancer, then they may need the -- the treatment as well. I think this is a priority issue. And because it’s subject to appropriation, I think it’s the right thing to do.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, Senator Clayborne, to close, sir.
I would just ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 1033 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 40 voting Yes, 12 voting Nay, 0 voting Present. House Bill 1033, having received the required constitutional majority, is declared passed. Senator Hunter, for what purpose do you rise, 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 ma’am?
I rise, Mr. President, for a point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, please.
We have up in the balcony some very important guests, some school -- one school from my district on the north side of Chicago, Jenner Elementary School. Let’s please welcome them to the Senate.
PRESIDING OFFICER: (SENATOR DeLEO) Will our guests please rise and be recognized? And welcome to the Illinois State Senate. Welcome. Senator Clayborne, are you seeking recognition, sir? Okay, Ladies and Gentlemen, let’s continue on House Bills 3rd Reading. We will go to the middle of page 55. House Bill 1105. Senator Murphy, would you like to proceed with that, sir? Out of the record. On House Bills 3rd Reading is House Bill 1110. My friend and colleague, Senator Jacobs. Senator Jacobs. Madam Secretary, out of the record, please. 1195. House Bill 1195. Senator Jacqui Collins, on House Bill -- out of the record, ma’am? Out of the record. House Bill 1306. Senator Don Harmon, on House Bill 1306. Madam Secretary, please take that out of the record. Continuing on House Bills 3rd Reading is House Bill 1345. Senator Harmon. Senator Harmon. Out of the record. We will turn our Calendars to page 56, the printed Calendars. On the top of page 56 is Senator Forby on House Bill 1597, sir. The gentleman indicates he’d like to take it out of the record, Madam Secretary. So please take it out of the record. There’s House Bill 2239. 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 President Cullerton. It’s a budget bill. We’ll -- leave of the order, we’ll come back to that. Take it out of the record. On House Bill 2240, the same. It’s a budget bill. We’ll take it out of the record. With leave of the Body, we’ll come back to. Senator Steans. Senator Heather Steans, on 2343. 2343, ma’am. Out of the record, Madam Secretary. Senator Crotty, on 2376, ma’am. Out of the record. Senator Crotty, on -- I’m sorry, Senator Trotter. Senator Don Trotter. Madam Secretary, out of the record. Now, Senator Crotty, on House Bill 2424. House Bill 2424. Madam Secretary, please take that out of the record. House Bill 2445. Senator John Sullivan. He indicates he’d like to proceed. Madam Secretary, read the gentleman’s bill.
House Bill 2445. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Sullivan, to the bill, sir.
Thank you, Mr. President, Members of the Senate. The bill makes several changes to the Illinois Public Labor Relations Act. First of all, it allows employees -- or it clarifies that employees may form a union by either signing a union card or by a majority interest petition. It also codifies that employees only have to sign -- not only -- it does codify that employees only have to sign one, not both. The legislation also seeks to keep any documents provided by the Illinois Public Labor Relations Board and the Educational Labor Relations Board 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 confidential and not to be released to employers. The legislation additionally sets a one-hundred-and-twenty-day time limit for the Board -- or the Boards to certify the employee organization after the presentation of dues cards or interest petitions to the Illinois Public Labor and Educational Labor Relations Boards. Additionally, the -- House Bill 2445 requires the Labor Relations Board to employ sixteen attorneys and six investigators and the Educational Labor Relations Board to employ eight attorneys and five investigators. And, finally, the -- much of what is in this legislation is a codification of what was in the Illinois Supreme Court in 2008 in the County of DuPage versus the Illinois Labor Relations Board. I’d be more than happy to answer any questions.
RESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Lauzen, for what purpose do you rise, sir?
Just a clarification. A question for the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. Senator Lauzen.
Thank you. Senator Sullivan, there was something at the beginning of the description of what you were presenting today on this bill that had something about people to form an organization. Form a -- a -- it wasn’t the unionizing. I -- I heard something about only one petition to form some organization. Could you review that again?
PRESIDING OFFICER: (SENATOR DeLEO) 117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Senator Sullivan.
Absolutely. What the legislation does is it clarifies that when a -- when employees form a union, they can do it right now one of two ways: they can do it by signing union cards or they can do it by a majority interest petition. And because of the ruling by the Supreme Court back in 2008, that ruling said you can -- they can do it by one, the -- the cards, or by -- or by petition and not by -- and they do not need to do it by both. So one or the other - that’s what the ruling said. That’s what we clarify in this language.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, seeing no further discussion, Senator Sullivan, to close, sir.
I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 2445 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 52 Ayes, 1 voting Nay, 1 voting Present. House Bill 2445, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 2494 on the top of page 57 of your printed Calendars. Senator Harmon. Senator Harmon. Out of the record, Madam Secretary. House Bill 2527. House Bill 2527. Senator Bond. Senator Bond, do you wish to proceed? He indicates he wishes to proceed. 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Madam Secretary, I believe Senator Bond is seeking leave of the Body to return House Bill 2527 back to the Order of 2nd Reading for the purposes of an amendment. Leave is granted. Now on the Order of 2nd Reading is House Bill 2527. Madam Secretary, has there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Bond, to Amendment No. 1, sir.
The amendment becomes the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the -- the gentleman’s asked for Amendment -- Floor Amendment No. 1 to be adopted. Is there any discussion? Is there any discussion? All those in favor will say Aye. All those opposed will say Nay. It’s the opinion of the Chair, the Ayes have it, and Floor Amendment No. 1 is adopted to House Bill 2527. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 2527. Senator Bond, you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.
House Bill 2527. (Secretary reads title of bill) 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Bond, one moment. Representative Mendoza. Representative. Senator Bond, to the bill, sir.
Thank you, Mr. President. This bill is simply a one-year extension of the Telecommunications Act.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Hultgren, for what reason do you rise, sir?
To the bill, please.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Thank you, Mr. President. I do want to thank the sponsor, the Chairman of the Committee. This has gone through the Telecommunications Committee. We have held some hearings this Session, in the last couple months. I think they were productive hearings. I -- it’s been a long time since we’ve addressed the rewrite. We really need to do it. I think some of us were disappointed that we weren’t able to get more done this year. I know it’s been an interesting year. But I really do hope and have talked with the sponsor and the Chairman that we’re going to push through the summer and fall and hopefully really be -- have a productive year, even though I know it will be a challenge, an election year next year, to do this. We’re also kind of keeping an eye -- I think there might be some things from the House that might address some telecom issues. I 120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 don’t know if that’s going to happen or not. But I do encourage our Members to support this. Ideally it would have been nice to have a whole package that we could present right now, just unrealistic that that could happen. So I think this will be the next best thing, is to work and hopefully get something good done next year. So I would thank the sponsor. Would encourage Members on this side of the aisle to support this initiative. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Further discussion? Senator Righter, are you seeking recognition, sir?
I am, Mr. President. To the bill, please.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. I rise in opposition to 2527. Little history, this Act has not been rewritten since 2001. The industry that this Act regulates, the world that this industry encompasses has changed completely since 2001. I agree that if we decide to start talking substantively about it now, we don’t have enough time. But this committee was put together in January, not in the third week of May. We’ve had plenty of time to have serious discussions, bring people in from the industry, the interest groups and whoever else, to put this Act in a position where we can take advantage of technologies that are available that benefit everybody, all the consumers. The reason we stand here now with a twelve-month extension, Mr. President, with all due 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 respect, is a failure of leadership. Someone needed to grab the ball and go forward on this. We didn’t do that. I say we reject this and go back to the drawing board. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Rutherford, are you seeking recognition, sir?
I am, Mr. President, and to the bill, if I may.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Thank you, Mr. President. I also stand in opposition to this legislation. I’d served on the telecom rewrite when I was in the House of Representatives, long before I came to the Illinois State Senate, and we all knew the date unto which this would expire. I, too, am woefully disappointed that we did not engage in a process to actually sit down and come to the legislative Body today with a piece of legislation that would craft for what tomorrow’s telecommunication needs are. And it’s unfortunately {sic} that basically this is nothing more than a simple punt. I wish we were doing something substantive here.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Seeing no further discussion, Senator Bond, to close, sir.
Thank you. I’d like to just thank the Minority Spokesman of the Telecom Committee, Senator Hultgren, for his support in the process. We did hold two subject matter hearings on -- on - 122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 - a rewrite will take a lot of time. It’s arguable whether it could even be done in one spring Session. We had folks that wanted to push this out another four full years. We had folks that wanted to push it out two years. We chose to extend it one more year with the intention of going to work this summer and fall with working groups so we can enter next legislative cycle with full information and -- and some cooperation and real solutions to the regulatory and competitive problems we face with that industry. So, I -- I would ask for some patience. And let’s -- let’s do a rewrite, but let’s invest the right amount of time. So I’d just like to thank the Minority Spokesperson for his support and leadership on this. And just ask everyone to -- to offer up an Aye vote, and -- and let’s get to work on this.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, the question is, shall House Bill 2527 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 49 Ayes, 6 voting Nay, 0 voting Present. House Bill 2527, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 2542. Senator Hutchinson. Would you like to proceed, ma’am? She indicates she does. Madam -- Madam -- I believe Senator Hutchinson is seeking leave of the Body to return House Bill 2542 back to the Order of 2nd Reading for an amendment. Is that correct, Senator? Leave is granted. Now on the Order of 2nd Reading is House Bill 2542. Madam Secretary, has there been 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Hutchinson, to Floor Amendment No. 2 to your bill, ma’am.
Thank you, Mr. President. Floor Amendment No. 2 is offered to address concerns raised by members of the Senate Criminal Law Committee over deleting existing law, which has withstood court challenges, and replacing it with language which is entirely novel in Illinois and untested in Illinois and federal courts. It also addresses concerns raised by the Laborers’ International Union, AT&T and the Illinois Trial Lawyers Association.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion to the lady’s amendment? Seeing none, all those in favor will say Aye. All those opposed will say Nay. It’s the opinion of the Chair, the Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 2542. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, read the bill.
House Bill 2542. 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Hutchinson, to the bill, ma’am.
Thank you, Mr. President and Members of the Senate. House Bill 2542, as amended, redefines stalking, aggravated stalking, and cyberstalking as knowingly engaging in a course of conduct directed at a specific person, where the defendant knows or should know that this course of conduct would cause a reasonable person to either fear for their safety or for the safety of a third party or to suffer emotional distress. At the same time, it maintains the current versions of stalking, aggravated stalking and cyberstalking. But it clarifies that these offenses do not apply to picketing or other protected actions by organized labor. A recent U.S. Department of Justice study said that seventy-six percent of female homicide victims were stalked first, prior to their death. It’s terrifying and it’s something that we need to do all we can to protect our victims from. This will broaden the definition of stalking. It amends the Criminal Code to update our stalking laws. It updates the cyberstalking law. So it encompasses all technologies that stalkers use to track and harass their victims. This is our opportunity to make sure that our Criminal Code follows twenty-first century technology. And it creates special considerations for stalker’s bail and requires electronic monitoring of stalkers released on bail. This is an initiative of the Attorney General’s Office. I’m extremely proud of this legislation, and I would ask an Aye 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, seeing no discussion, the lady has asked for a favorable roll call. So, the question is, shall the -- shall -- the question is, shall House Bill 2542 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 2542, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 2625. Senator Hutchinson. Do you wish to proceed with this also, ma’am? She indicates she does. Okay, Senator Hutchinson is seeking leave of the Body to return House Bill 2625 back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, ma’am? Leave is granted. Now on the Order of 2nd Reading is House Bill 2625. Madam Secretary, has there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Hutchinson, to Floor Amendment No. 1, ma’am.
Thank you, Mr. President. Floor Amendment No. 1 to House Bill 2625 deletes all and becomes the bill. The amendment retains the bill as introduced, but removes labor-related purposes in which the International Brotherhood of Teamster 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Fund, created by this legislation, may distribute grants to the Teamsters Joint Council 25 Charitable Trust. This amendment came at the suggestion of the Senate Republicans, who thought that allowing grants for labor-related purposes may jeopardize their tax-exempt status.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Rutherford, are you rising on point of -- on the amendment, sir?
I am.
PRESIDING OFFICER: (SENATOR DeLEO) To the amendment, sir.
Thank you, Mr. President. May I ask the sponsor, does this create another specialty license plate?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she’ll yield for a question, sir. Senator Hutchinson.
Yes, it does.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, anything further? Anything further? Seeing no further discussion, all those in favor will say Aye. All those opposed will say Nay. It’s the opinion of the Chair, the Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Koehler. 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler, to Floor Amendment No. 2 to House Bill 2625, sir. Would you like to explain the amendment, sir?
Yes. Thank you, Mr. President. This adds to the bill license plates for United Auto Workers. And this would create the United Auto Workers’ Fund in the State treasury that is subject to appropriation to be used for charitable purposes only by local unions affiliated with the UAW. And, yes, this does create another specialty plate.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Rutherford, for what purpose you seek recognition, sir?
Well, thank you, Mr. President. I’d like to ask a question of the amendment, if I may please.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. Senator Rutherford.
Thank you, Mr. President. Just to clarify, we are about to create - if this becomes law - one more additional specialty license plate in the State of Illinois. Is that correct?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler.
Yes. Thank you, Senator. As I just stated, this creates another specialty license plate.
PRESIDING OFFICER: (SENATOR DeLEO) 128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Okay, Ladies and Gentlemen, I see no further discussion on Floor Amendment No. 2. All those in favor will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair, the Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 2625. Senator Hutchinson, do you wish to proceed, ma’am? She indicates she does. Read the lady’s bill, Madam Secretary.
House Bill 2625. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hutchinson, to the bill, ma’am.
Thank you, Mr. President, Members of the Senate. Yes, this does create one more specialty license plate. The one thing that made me think about carrying this bill was what the Fund supports. This bill creates the International Brotherhood of Teamsters license plate and the International Brotherhood of Teamsters Fund. An applicant for the special plate will be charged forty dollars for the original issuance in addition to the appropriation -- or, to the appropriate registration fee. Of this fee, twenty-five dollars will be deposited into the 129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 International Brotherhood of Teamsters Fund and fifteen dollars into the Secretary of State Special License Plate Fund. For each registration renewal period, a twenty-seven-dollar fee will be charged. And of this, this will go to the Fund and two dollars will be deposited into the Special License Plate Fund. This Fund supports a number of really worthwhile charities. And because revenues are down everywhere and jobs are down everywhere, they needed to find some way to be able to support the -- the charitable trusts that they already -- that they already -- that so desperately need their help. I know that there are people who are against license plates or another additional license plate, but I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Rutherford, for what purpose do you rise?
To comment on the legislation, if I may, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Thank you very much, Mr. President. We’re creating -- if this goes into law, we’re creating two more specialty license plates. Earlier today, I believe, we created, if they became law, an additional three. So we’re up to five. The day before, we created one or two more. I’m going to remind you all, once again, that Secretary of State Jesse White actually had to go out and publish a specialty brochure so that law enforcement, when they sit in their vehicle, to have to pull somebody over, they can look down at least eighty different designs to 130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 determine what kind of specialty license plate that they are questioning. I understand the underlying intent for the purpose of the funds, but there exists today on the books, since 1995, the ability for the Secretary of State to create the Universal Charitable License Plate and we have yet to promulgate the rules to do that. If we did, we would be able to do the Teamsters’ needs, the UAW’s needs, the “mommy loves apple pie” needs, the Boy Scouts, Girl Scouts, Kiwanis, Rotary and Lions Clubs all within a Universal Charitable Plate. So with all respect to the Senator’s good intent, I am going to stand in opposition as I have for every specialty license plate now for the last decade.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there anything further? Seeing no discussion, the question is, shall House Bill 2625 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 50 voting Aye, 5 voting Nay, 0 voting Present. House Bill 2625, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 2643. My friend and colleague, Senator Harmon. Out of the record. On House Bill 2664, Madam Secretary -- Senator Hunter. The lady requests for it to be taken out of the record. House Bill 2688. Senator James Clayborne. Senator James Clayborne. Madam Secretary, out of the record. House Bill 3245. House Bill 3245. Senator Demuzio. The woman -- the lady requests it be taken out of the record. Senator Jones. Senator Emil Jones, my dear friend, how are you this afternoon? 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
Doing great, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) And what purpose do you rise, sir?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Today with me I have two guests in the President’s Gallery, two constituents of mine, Nick Lanagan and Diona Cannon. So please join me and give ‘em a welcome to the Illinois Senate.
PRESIDING OFFICER: (SENATOR DeLEO) Will our guests in the galleries please rise and be recognized? Welcome to the Illinois State Senate. Welcome to Springfield. House Bills 3rd Reading. Continuing on House Bills 3rd Reading, on the top of page 58 of your printed Calendar comes House Bill 3606 and that’s Senator Demuzio. And she indicates -- asks the bill to be taken out of the record, Madam Secretary. On 3641, Senator Bomke. House Bill 3641. Senator Bomke. Gentleman indicates he’d like the bill taken out of the record, Madam Secretary. On 3690, Senator Harmon. Senator Harmon. Please take the bill out of the record, Madam Secretary. House Bill 3697. Senator Sandoval. Senator Martin Sandoval, friend and colleague. Please take it out of the record, Madam Secretary. House Bill 3718. My colleague and friend from Oak Park, Senator Harmon. Please take it out of the record. Senator Murphy, on House Bill 3729, sir. Do you wish to proceed? He indicates he’d like to proceed. I believe 132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Senator Murphy is seeking leave of the Body to return this House Bill 3729 back to the Order of 2nd Reading for the purpose of an amendment. Leave is granted. Now on the Order of 2nd Reading is House Bill 3729. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Murphy.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Murphy, to the amendment, sir, Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment 1 was requested by members of the Local Government Committee to require a separate ordinance vote by the city council if there were going to be a use of tourism funds for -- in this non-home rule municipality for reasons other than tourism.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, is there any discussion on Floor Amendment No. 1? Is there any -- Senator Dahl, are you… Okay. Seeing no discussion on Floor Amendment No. 1, all those in favor will say Aye. All those opposed will say Nay. It’s the opinion of the Chair that the Ayes have it, and Floor Amendment No. 1 is adopted to House Bill 3729. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 3729. Senator Murphy, do you wish to proceed? He 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.
House Bill 3729. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy, to the bill, sir.
Thank you, Mr. President. House Bill 3729 allows non-home rule cities in counties of three million or more which have an in-house convention and visitors bureau as a department of the city to use hotel tax revenue for general municipal purposes as well as promotion to tourism. Requires the city to have a separate vote and ordinance to authorize the use of the hotel tax in the annual budget to ensure that the public is aware. In -- in -- in the Village of Prospect Heights, who is, I believe, the only municipality that fits this direction, we’ve got a situation where you’ve got a surplus in this specific fund and the roads in front of the hotels are pothole-ridden in the non- home rule community. They’re going to have to layoff police, they’re telling me, because they don’t have the municipal budget to fund them, but they’re sitting on a surplus in this other area of their budget. What they’re asking for, they think tourism requires a decent road in front of the -- the hotel and they think it requires a safe reputation and a strong police force. They’re asking for a little bit of flexibility to address these concerns. They’re asking for a flexibility that home rule communities already have without coming down here. 134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 And I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Dahl, for what purpose you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
This -- this bill came in front of Local Government Committee and -- and we asked for the amendment that Senator Murphy was willing to put on it. I -- I think that basically what the amendment did, it made a terrible bill a bad bill. So it did make it a little bit better. The -- the issue here is that, you know, this has been tried in -- in the past. In fact, I tried it myself last year and couldn’t even get it out of committee. We were attempting to use pillow tax for county and village government to -- communications and for a small amount to be used for safety to buy vehicles and cars, and -- and the reason was that Starved Rock State Park does not have rescue on their own and it’s up to the counties and municipalities to -- to do that. I -- I think if we’re going to take this bill to the point where we’re using it for one community, it should be a statewide bill where every county, every town, every community is able to use a portion of their pillow tax for -- for safety needs and not just one community. We’re -- we’re heading down a slippery slope here and I encourage a No vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Further discussion? 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 Senator Link, for what purpose do you rise, sir?
Will the sponsor yield for a couple questions?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. Senator Link.
Thank you, Mr. President. Senator Murphy, first question is, is this a dedicated fund?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy.
I believe it is.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Do you believe in sweeping funds?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy.
As a general principle, I have opposed them; however, I do note that a number of us here have -- have done so in the past. It’s not preferred. But, of course, we are in dire circumstances, aren’t we, Senator?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
I’ll just get to the bill, because I think Senator Murphy answered the question for me very well. This is a dedicated 136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 fund for tourism and it’s tourism to the State of Illinois, which is used to promote tourism in our State, which is the number one attraction. When we talk about competition, we’re talking about competition with other states - Indiana, -- Iowa, Wisconsin -- Missouri, every other state. We’re trying to promote tourism. That’s the reason this fund was put in place. If you have such a surplus that you’re trying to sweep this fund, then they’re not doing their job of promoting tourism in this community. When they said they have road problems and that, they should -- that means they must have a lot of tourism coming in and they should be promoting it even more. This is as -- as Senator Dahl said, we’re setting a terrible precedence by doing this. This bill is setting an example that we shouldn’t - - on a road that we should not be going down. I have stood here and listened, especially from the other side, about we should stop sweeping funds of dedicated funds. Well, if you truly believe this, this thing should have a lot of red lights coming up. I ask for all No votes on this.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, seeing no further discussion, Senator Murphy, to close, sir.
I’m not going to be able to comply with Senator Link’s request for all No votes. It is a local issue. For me, this is an issue for my district. It was a request from a community in my district. Senator Garrett and I share this district. She has expressed her support of this bill, so there’s bipartisan support. Again, I would go back to the fact that it makes it a lot easier to be a tourist destination if you’ve got decent 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 roads and a -- a reputation of being a safe community because you don’t have to lay off police officers to be able to attract people to your town. I appreciate the comments made, but would appreciate an Aye vote for a town in my district.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 3729 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 12 {sic} (11) voting Yes, 27 {sic} (28) voting Nay, 0 voting Present. House Bill 3729, having failed to receive the constitutional majority, is declared passed -- is -- is declared failed, excuse me. House Bill 3729, having failed to receive the constitutional majority, is declared failed. Okay, Ladies and Gentlemen, for purposes of an announcement: Appropriation I is scheduled to meet in Room 212 at the hour of 3:55 - Appropriation I. So the Senate will stand at ease until call -- recess to call of the Chair. We will be coming back to the Floor after both committees have met to receive paper and do some paperwork only. Madam Secretary, Messages from the House.
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 47, 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: 138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 House Amendment 1. We have received like Messages on Senate Bill 89, with House Amendments 1 and 2; Senate Bill 1975, with House Amendment 1; Senate Bill 2026, with House Amendment 1. All passed the House, as amended, May 20th {sic} (21st), 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, can I have your attention, please? The Senate will stand in recess to call of the Chair. And after the committee meetings, which I said just moments ago, the Senate will reconvene. We will -- to be here to receive committee reports and other matters not requiring - let me repeat - not requiring Floor action. So they’ll be no Floor action and we will be reconvening tomorrow at about approximately the hour of 12 noon on the Floor. There is scheduled committee meetings for tomorrow. So, once again, there’ll -- this will require no Floor action after committees. The Senate stands in recess. Senator -- Senator Righter. Senator Righter.
Thank you, Mr. President. Inquiry of the Chair.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your inquiry, sir.
Do you know if that committee schedule has been released or announced? For tomorrow, excuse me.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, when we come -- come back to receive committee reports, we will have a Committee on Assignments and 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009 that’s at the time we will determine what amendments will be going to what committees. So the Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HARMON) The Senate will come to order. Madam Secretary, Committee Reports.
Senator Trotter, Chairperson of the Committee on Appropriations I, reports House Bills 2129, 2132, 2145, 2194 and 2206 Do Pass. Senator Link, Chairperson of the Committee on Gaming, reports Senate Amendments 5, 6 and 7 to Senate Bill 744 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, Senate Supplemental Calendar No. 1, dated Thursday, May 21st, 2009, has been distributed to all the Members. On that Supplemental Calendar is House Bills 2nd Reading. First on the Calendar is Senate Bill -- I’m sorry, House Bill 2129. Senator Trotter, as chief co-sponsor, do you wish to proceed? With leave of the Body, Senator Trotter seeks to call Senate Bill 2129 on the Order of 2nd Reading. Madam Secretary, read the bill.
House Bill 2129. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill -- I’m sorry, House Bill 2132. With leave of the Body, Senator Trotter’s handling this bill on behalf of Senator Sullivan. Madam Secretary, please read the bill.
House Bill 2132. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 2145. Senator Trotter. Madam Secretary, please read the bill.
House Bill 2145. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 2194. Madam Secretary, please read the bill.
House Bill 2194. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 2206. Madam Secretary, please read the bill. 141 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/21/2009
House Bill 2206. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Ladies and Gentlemen, for the purposes of an announcement: Tentatively, the Senate had intended to take up various reform legislation in the Senate Criminal Law Committee and the Senate Executive Committee, respectively, at 9 a.m. and 10 a.m. tomorrow. We intend to have these committees meet at 10 a.m. for Criminal Law -- I’m sorry, 1 p.m. for Criminal Law and 3 p.m. for Executive. Those -- those times are tentative. We are checking with the order to see if -- if they will stand and we will have them, I presume, on the printed Calendar in the morning. Or -- no, I apologize, we will have one-hour posting tomorrow as we work through those times. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m. on Friday, May 22nd, 2009. The Senate stands adjourned. 142