The regular Session of the 96th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in galleries please rise? The invocation today will be given by Pastor Andrew Fitzgibbon, West Side Christian Church, Springfield, Illinois.
(Prayer by Pastor Andrew Fitzgibbon)
Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Thursday, March 11th, 2010.
Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending -- pending arrival of the printed transcript.
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, Messages from the House.
1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 4583. We have received like Messages on House Bills 4960, 4968, 4987, 5055, 5079, 5095, 5133, 5139, 5144, 5154, 5157 and 5178. All passed the House, March 11th, 2010. Mark Mahoney, Clerk of 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 adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 107. Offered by Senator Althoff, and adopted by the House March 11th, 2010. It is substantive, Mr. President.
Madam Secretary, House Bills 1st Reading.
House Bill 4580, offered by Senator Holmes. (Secretary reads title of bill) House Bill 4583, offered by Senator Silverstein. (Secretary reads title of bill) House Bill 4778, offered by Senator Koehler. (Secretary reads title of bill) House Bill 4968, offered by Senator Noland. (Secretary reads title of bill) 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 House Bill 5055, offered by Senator Wilhelmi. (Secretary reads title of bill) House Bill 5079, offered by Senator Steans. (Secretary reads title of bill) House Bill 5095, offered by Senator Link. (Secretary reads title of bill) House Bill 5154, offered by Senator Lightford. (Secretary reads title of bill) House Bill 5302, offered by Senator Demuzio. (Secretary reads title of bill) 1st Reading of these House bills.
Ladies and Gentlemen, on page 2 of the Calendar, at the top of the Calendar, on 2nd Reading -- on the Order of Senate Bills 2nd Reading, is Senate Bill 1346. Senator Wilhelmi. Senator Wilhelmi, do you wish to proceed? Out of the record. Senate Bill 1525. Senator Burzynski. Senator Burzynski, wish to proceed? Out of the record. Senate Bill 1635. Senator Trotter. Out of the record. Senator Clayborne, on Senate Bill 2462. Out of the record. Senator DeLeo, on Senate Bill 2487. Out of the record. Senator Althoff. Senate Bill -- 2nd Reading. Senate Bill 2490. Do you wish to proceed? Out of the record. Senator Link, on Senate Bill 2493. Senator Link. Out of the record. Senator Koehler. 2497. Out of the record. Senator Noland. 24 -- Senate Bill 2499. Do you wish to proceed? Out of the record. Senator Silverstein, on Senate Bill 2513. Out of the record. Senator Silverstein, on Senate Bill 2516. Out of the record. Senator Wilhelmi, on Senate Bill 2542. Do you wish to proceed? Madam Secretary, read the bill. 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Senate Bill 2542. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. On the Calendar on page 2, 2nd Readings, Senate -- Senate Bill 2547. Senator Demuzio. Madam Secretary, read the bill.
Senate Bill 2547. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Pensions and Investments adopted Amendment No. 1.
Have there been any Floor amendments approved for consideration?
No further amendments reported.
3rd Reading. Senate Bill 2571. Senator Sandoval. Do you wish to proceed? Out of the record. Senate Bill 2574. Senator Althoff. Senator Althoff. Senate Bill 2574. Out of the record. Senate Bill 2578. Senator Bivins, do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 2578. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments reported. 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Are there any Floor amendments?
Floor Amendment 1, offered by Senator Bivins.
Senator Bivins, on Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment No. 1 just clears up a transportation issue in regard to the transportation of the weapons used by the military reenactors.
There any discussion? There being none, all those in favor will say Aye. All opposed, Nay. The Ayes have it. The amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported.
3rd Reading. Senate Bill 2580. Senator Holmes. Do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 2580. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted Amendment No. 1.
There been any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Holmes. 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Senator Holmes, on Floor Amendment No. 2.
Thank you, Mr. President. This was requested by the Department of Agriculture to ensure that the animals are still given protection under the entire Act. It’s a legal change to ensure there is no confusion. It doesn’t change the substance of the bill.
Is there any discussion? There being none, all in favor, say Aye. All opposed, Nay. The Ayes have it, and the amendment’s adopted. Any further amendments?
No further amendments reported.
3rd Reading. On page 3 of the Calendar, with leave of the Body, we’ll come back to Senate Bill 2600. Senator Althoff, on Senate Bill 2612. Out of the record. Senator Silverstein, on Senate Bill 2627. Out of the record. Senator Frerichs. Senate Bill 2635. Madam Secretary, please read the bill.
Senate Bill 2635. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities adopted Amendment No. 2.
There any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Frerichs. 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Senator Frerichs, on Floor Amendment No. 3.
Thank you very much, Mr. President. Floor Amendment No. 3 will ensure that patients are notified by the physician of financial integration of the services provided by another professional in the physician’s office and of their ability to seek services elsewhere.
Is there any discussion? There being none, all those in favor, say Aye. All opposed, Nay. The Ayes have it, and the amendment’s adopted. Any further amendments?
No further amendments reported.
3rd Reading. Senator Syverson, on Senate Bill 2637. Out of the record. With leave of the Body, we will go to page 9 of the Calendar to Senate Bill 2795. Senator Althoff. Senator Althoff. Out of the record. Senate Bill 2798. Senator Bond. …Reading. Madam Secretary, please read the bill.
Senate Bill 2798. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
Are there any Floor amendments?
No further amendments reported. 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
3rd Reading. Senate Bill 2802. Senator Lightford. Do you wish to proceed? Out of the record. Senate Bill 2814. Senator Lightford. Out of the record. Senate Bill 2817. Senator Jacobs. 2nd Reading, page 9. Senate Bill 2817. Do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 2817. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2818. Senator Haine. Do you wish to proceed? Out of the record. Senate Bill 2820. Senator Althoff. Out of the record. Senate Bill 2824. Senator Althoff. Out of the record. Senate Bill 2825. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2825. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2826. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2826. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 reported.
3rd Reading. Senate Bill 2827. Senator Radogno.
Senate Bill 2827. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2828. Madam Secretary, please read the bill. Senator Radogno.
Senate Bill 2828. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2829. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2829. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2830. Senator Radogno. Madam Secretary please read the bill.
Senate Bill 2830. 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2831. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2831. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
Senate Bill 2832. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2832. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2833. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2833. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2834. Senator Radogno. Madam 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Secretary, please read the bill.
Senate Bill 2834. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2835. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2835. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2836. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2836. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2837. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2837. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 reported.
3rd Reading. Senate Bill 2838. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2838. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. On page 10 of the Calendar, Senate Bill 2839. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2839. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2840. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2840. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2841. Senator Radogno. Madam Secretary, please read the bill.
12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Senate Bill 2841. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2842. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2842. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2843. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2843. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendment…(microphone cutoff)…reported.
3rd Reading. Senate Bill 2844. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2844. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 3rd Reading. Senate Bill 2845. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2845. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2846. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2846. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
Senate Bill… 3rd -- 3rd Reading. Senate Bill 2847. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2847. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2848. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2848. (Secretary reads title of bill) 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 2849. Senator Radogno. Madam Secretary, please read the bill.
Senate Bill 2849. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. With leave of the Body, we wish to proceed to page 15 on Senate Bills 2nd Reading. Senate Bill 2927. Senator Sandoval. Do you wish to proceed? Out of the record. Senate Bill 2950. Senator Silverstein. Do you wish to proceed? Out of the record. Senate Bill 2965. Senator Noland. Senator Noland. Out of the record. Senate Bill 2970. Senator Emil Jones, III. Senator Jones, do you wish to proceed? Out of the record. Senate Bill 2980. Senator Maloney. Senate Bill 2980. Out of the record. Senate Bill 2985. Senator Martinez. Do you wish to proceed? Senator Martinez. Out of the record. Senate Bill 2986. Senator Sandoval. Out of the record. Senate Bill 3000. Senator Garrett. Senator Garrett, do you wish to proceed? Out of the record. Senate Bill 3044. Senator Muñoz. Do you wish to proceed? Out of the record. Senate Bill 3064. Senator Trotter. Do you wish to proceed? Out of the record. Senate Bill 3091. Senator Althoff. 3091. Out of the record. Senate Bill 3093. Senator Sullivan. 3093. Out of the record. Senate Bill 3094. Senator Lightford. Do you wish to proceed? 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Out of the record. With leave of the Body, we will proceed to page 16 on the Order of 2nd Reading. Senate Bill 3106. Senator DeLeo. Out of the record. Senate Bill 3143. Senator Lightford. Out of the record. Senate Bill 3147. Senator Clayborne. Do you wish to proceed? Out of the record. Senate Bill 3151. Senator Link. 2nd Reading. Out of the record. Senator Link, on Senate Bill 3152. Out of the record. Senator Steans, on Senate Bill 3169. Do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 3169. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.
Are there any Floor amendments?
No -- no further Floor amendments reported.
3rd Reading. On Senate Bill 3199, Senator DeLeo. Out of the record. Senate Bill 3206. Senator Schoenberg. Read the bill. Madam Secretary, please read the bill.
Senate Bill 3206. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
Have there been any Floor amendments approved for 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 consideration?
No further amendments reported.
3rd Reading. Senate Bill 3211. Senator Schoenberg. Madam Secretary, please read the bill.
Senate Bill 3211. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 3214. Senator Wilhelmi. Senator Wilhelmi, on 3214. Madam Secretary, please read the bill.
Senate Bill 3214. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments reported.
Been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Wilhelmi.
Senator Wilhelmi, on Floor Amendment No. 1 to Senate Bill 3214.
Thank you, Mr. President. Floor Amendment No. 1 clarifies that there will be a tenth member appointed by the County Executive to the Joliet Arsenal Development Authority, but that 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 the other nine members of that Authority will remain in place. I’d be happy to answer any questions.
Is there any discussion? There being none, all those in favor, say Aye. All opposed, Nay. The Ayes have it, and the amendment’s adopted. Are there any further amendments?
No further amendments reported.
3rd Reading. On page 16 of the Calendar, Senate Bills 2nd Reading. Senate Bill 3215. Senator Trotter. Out of the record. Senate Bill 3222. Senator Sandoval. Madam Secretary, please read the bill.
Senate Bill 3222. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Higher Education adopted Amendment No. 2.
Are there -- have there been any Floor amendments approved for consideration?
No further amendments reported.
3rd Reading. Senate Bill 3231. Senator Sandoval. Madam Secretary, please read the bill.
Senate Bill 3231. (Secretary reads title of bill) 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 3249. Senator Sandoval. Madam Secretary, please read the bill.
Senate Bill 3249. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendments 1 and 2.
Have there been any Floor amendments approved for consideration?
Floor Amendment 4, offered by Senator Sandoval.
Senator Sandoval, on Senate Amendment 3249 -- I’m sorry, Floor Amendment No. 4 to Senate Bill 3249. Senator Sandoval. Senator Sandoval, for the approval of Floor Amendment No. 4.
Yes, Mr. President, Senate Amendment No. 4 clarifies and codifies language in -- concerning the affirmative action goals for private institutions as a result of -- of State grants.
Is there any discussion? There being none, all those in favor, say Aye. All opposed, Nay. The Ayes have it. The amendment’s adopted. Any further amendments?
No further amendments reported. 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
3rd Reading. Senate Bill 3251. Senator Sandoval. Madam Secretary, please read the bill.
Senate Bill 3251. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Schoenberg in the Chair. We’re at the top of page 17, Senate Bills 2nd Reading. Senate Bill 3266. Madam Secretary, please read the -- Senator Lightford. Senator Lightford. Out of the record. Senate Bill 3268. Senator Jones. Senator Emil Jones, III. Out of the record. Senate Bill 3273. Senator Althoff. Senator Althoff. Out of the record. Senate Bill 3282. Senator Risinger. Out of the record. Senate Bill 3309. Senator Holmes. Out of the record. Senate Bill 3313. Senator Bond. Madam Secretary, please read the bill -- Mr. Secretary, please read the bill.
Senate Bill 3313. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you, Mr. Secretary. 3rd Reading. Senator -- Senate Bill -- 3316. Senator Garrett. Out of the record. Senate Bill 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 3334. Senator Lauzen. Senator Lauzen. Out of the record. Senate Bill 3336. Senator Wilhelmi. Senator Wilhelmi. Out of the record. Senate Bill 3342. Majority Leader Clayborne. 3342. Mr. -- 3342. Mr. Secretary, please read the bill.
Senate Bill 3342. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3343. Out of the record. Senate Bill 3344. Senator Clayborne. Out of the record. Senate Bill 3346. Senator Steans. Senator Steans -- on… Mr. Secretary, please read the bill.
Senate Bill 3346. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3347. Senator Steans. Mr. Secretary, please read the bill.
Senate Bill 3347. (Secretary reads title of bill) 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 2nd Reading of the bill. The Committee on Environment adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 3, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Steans.
Yes, this Amendment 3 does -- clarifies that there still may be trace amounts of lead still in the tires, as was requested, and it also just delays the implementation date.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion on the amendment? All those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3348. Senator Steans. Mr. Secretary, please read the bill.
Senate Bill 3348. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 3rd Reading. Senate Bill 3374. Senator Haine. Out of the record. 3375. Senator Haine. Out of the record. Senator Brady, for what purpose do you seek recognition? Senator Brady.
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) State your point, sir.
Thank you. I would like to introduce to the Body my Page of the Day, from Naperville, Elizabeth Parta. And she is accompanied by her mother, Mary Derwinski; her dad, David Parta; and her sister, Madeline Parta, in the President’s Gallery. If the Chamber would please welcome them.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Guests please rise, and let’s give them a warm Senate greeting. Welcome to the Illinois Senate. We will now proceed to the Order of 2nd -- Senate Bills 2nd Reading, top of the page, page 18. 3377. Senator Haine. Out of the record. 3378. Senator Haine. Out of the record. With leave of the Body, we’ll return to Senate Bills 3382, 3383, 3401 and 3402. We’re in the middle of page 18 on your Calendars. Senate Bills 2nd Reading. Senate Bill 3404. Senator Raoul. Senator Raoul. Mr. Secretary, please read the bill.
Senate Bill 3404. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Pensions and Investments adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3405. Senator Raoul. 3405. Mr. Secretary, please read the bill.
Senate Bill 3405. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3411. Senator Dillard. Out of the record. 3429. Senator Bond. Mr. Secretary, please read the bill.
Senate Bill 3429. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3467. Senator Bond. Mr. Secretary, please read the bill.
Senate Bill 3467. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendments 1 and 2.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3474. Senator Wilhelmi. Out of the record. Senate Bill 3480. Senator Steans. Out of the record. Senate Bill 3482. Senator Steans. Out of the record. Senate Bill 3489. Senator Steans. Out of the record. Senate Bill 3506. Senator Muñoz. Mr. Secretary, please read the bill.
Senate Bill 3506. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Muñoz.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. Floor Amendment 1 to 3506 holds that if a rental car company obtains an estimate to collect liability for damages and the estimate of the repair exceeds three thousand five hundred, then prior to any repairs being initiated, the insurer of the renter or renter shall be allowed seventy-two hours from the date of the notice to inspect the damaged vehicle and obtain another estimate. I ask for its 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 adoption.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Senator Haine. Is there any discussion on the amendment? 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. Are there any -- are there any additional Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senator Haine, for what purpose do you seek recognition, sir?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point, sir.
Mr. President and Ladies and Gentlemen of the Senate, I take a moment to introduce the families of Chris McGlasson and Katherine Lynn Carpentier - Katie Carpentier - both young people killed tragically as a result of the excessive speed of a driver. And their - deceased - families are here as we proceed to passage in the -- in a -- in a -- in an addition of a Floor amendment to Senate Bill 3796, which is the initiative of President John Cullerton. But these two young people tragically lost their lives because of a repeat offender, and they are here to observe the -- the movement of this bill toward final passage. It’s Ted Carpentier, father of Katie; Tom and Bridget 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 McGlasson, parents of Chris McGlasson; and Pam and Roger McCarty, -- parents of Katie McCarty. Ladies and Gentlemen of the Senate, would you give them a warm welcome?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. We will skip ahead on the Calendar to Senate Bills 2nd Reading, page 22. Top of the page. 3796. President Cullerton. Out of the record. Senate Bill 3796 is out of the record. President Cullerton, do you wish to proceed? Yes. Mr. Secretary, please read the bill.
Senate Bill 3796. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine, on the amendment.
Thank -- thank you very much, Mr. President and President Cullerton and Ladies and Gentlemen of the Senate. This -- this -- the underlying bill takes it -- takes the offense -- a petty offense to a Class B misdemeanor to drive thirty miles over the speed limit. We already have a statute in effect that takes it to a Class A and causes a revocation of -- of the driver’s license if it’s forty miles over. The -- the -- the occurrence 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 here is a tremendous double tragedy, a terrible loss to two families because of repeat excessive driving along the highways of Christian County. This Floor amendment takes the underlying bill, which passed unanimously out of committee, and -- and names it the “Chris and Katie {sic} (Katie’s) Law”.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you, Senator Haine. Is there any discussion? Senator Risinger.
Thank you -- thank you, Mr. President. I stand in -- in high support of this bill. There shouldn’t be anybody driving that recklessly on our highways. And I commend the President of the Senate for supporting this and I -- commend the Senator for bringing it forward. There isn’t any reason at all that we don’t allow this on our State highways.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further 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 further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. We will go back to page 19 on your Calendar. Senate Bills 2nd Reading. Top of the page. 3521. Senator Holmes. Out of the record. Senator Sandoval, on 3523. Mr. Secretary, please read the bill.
Senate Bill 3523. 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3533. Senator Raoul. 3533. Mr. Secretary, please read the bill.
Senate Bill 3533. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3534. Senator Raoul. Mr. Secretary, please read the bill.
Senate Bill 3534. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3535. Senator Raoul. Mr. Secretary, please read the bill.
Senate Bill 3535. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. On the Order of Senate Bills “Raoul” 2nd 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Reading, 3537. Mr. Secretary, please read the bill.
Senate Bill 3537. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. 3538. Senator Raoul. Mr. Secretary, please read the bill.
Senate Bill 3538. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3539. Senator Raoul. Mr. Secretary, please read the bill.
Senate Bill 3539. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3540. Senator Raoul. Mr. Secretary, please read the bill.
Senate Bill 3540. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration, Mr. Secretary?
Floor Amendment No. 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul, Floor Amendment No. 1. The pressure was too great. Please take the bill out of the record. Senate Bill 3543. Senator Hutchinson. Mr. Secretary, please read the bill.
Senate Bill 3543. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Human Services adopted Amendments 1 and 2.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration, Mr. Secretary?
Yes, Mr. President. Floor Amendment No. 3, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hutchinson, on Floor Amendment No. 3.
Thank you, Mr. President. Floor Amendment No. 3 really just speaks to the fact that the Youth Development Council and the Youth Advisory Committee {sic} (Group) that are created under this Act have the ability to move forward with private funding so that everything else will be subject to appropriations. 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Viverito.
Special privilege, Mr. President. I have an announcement to make. Oh…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator, could we indulge you to hold off on that point of personal privilege? On the amendment, Senator Demuzio. Very well. Is there anyone else seeking recognition to discuss the amendment? 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. Are there any further Floor amendments, Mr. Secretary, approved for consideration?
No -- no further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3544. Senator Crotty. Out of the record. Senate Bill 3545. Senator Crotty. Out of the record. Senate Bill 3547. Majority Leader Clayborne. Out of the record. Senator Viverito, you had a point of personal privilege?
Yes, I did, Mr. President. I think if you -- if I could have your attention for just a minute, some of you know when you go to the back of the beautiful room we have here, a young lady’s been taking care of us for a while now. And it’s -- and it’s her birthday. And she -- how about wishing Lisa Groesch a real happy birthday for the great job she’s doing for us? 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Happy birthday. Treats in the back. We’ll continue on page 19 of our Calendar. Senate Bills 2nd Reading. 3558. Senator Sandoval. Mr. Secretary, please read the bill.
Senate Bill 3558. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3560. Senator Sandoval. Mr. Secretary, please read the bill.
Senate Bill 3560. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3562. Senator Muñoz. Out of the record. Senate Bill 3564. Senator Haine. Senator Haine. Out of the record. We’ll now proceed to the top of page 20 on our - - on your printed Calendar. Senate Bills 2nd Reading. Senate Bill 3565. Senator Delgado. Out of the record. Senate Bill 3566. Senator Delgado. Out of the record. Senate Bill 3568. 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Senator Delgado. Out of the record. With leave of the Body, we’ll skip Senate Bill 3578. Senate Bill 3584. Senator Bond. Mr. Secretary, please read the bill.
Senate Bill 3584. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration, Mr. Secretary?
Yes, Mr. President. Floor Amendment 2, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Bond, on Floor Amendment No. 2.
Thank you, Mr. President. The amendment 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. The amendment’s adopted. Are there -- there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3585. Senator Bond. Out of the record. Senate Bill 3588. Senator Demuzio. Mr. Secretary, please read the bill. 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Senate Bill 3588. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3592. Senator Bond. Out of the record. Senate Bill 3607. Senator Wilhelmi. Out of the record. Senate Bill 3611. Senator Garrett. Senator Garrett. Out of the record. Senate Bill 3617. Senator Wilhelmi. Out of the record. Senate Bill 3633. Senator Kotowski. Out of the record. Senate Bill 3637. Senator Muñoz. 3637. Senator Muñoz. Out of the record. Senate Bill 3647. Senator Cullerton. President Cullerton. Out of the record. Senate Bill 3657. Senator Holmes. Out of the record. Senate Bill 3663. Senator Noland. Out of the record. Senate Bill 3668. Senator Risinger. Out of the record. Senate Bill 3683. Senator Holmes. Out of the record. Senate Bill 3685. Senator Wilhelmi. Out of the record. Now proceed to the top of page 21 on your Calendar. Senate Bills 2nd Reading. Senate Bill 3697. Senator Crotty. Out of the record. Senate Bill 3700. Senator Maloney. Mr. Secretary, please read the bill.
Senate Bill 3700. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3706. Senator Holmes. Out of 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 the record. Senate Bill 3732. Senator Crotty. Out of the record. Senate Bill 3734. Senator Raoul. 3734. Mr. Secretary, please read the bill.
Senate Bill 3734. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul, on Floor Amendment No. 2.
Floor Amendment 2 just clarifies the meaning of “tobacco leaf”.
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. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3749. Senator Wilhelmi. Out of 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 the record. 3761. Senator Wilhelmi. Out of the record. With leave of the Body, we’ll skip Senate Bill 3762. Senate Bill 3769. Senator Clayborne. Majority Leader Clayborne, on -- 3769. Out of the record. Senate Bill 3775. Senator Wilhelmi. Out of the record. Senate Bill 3777. President Cullerton. Out of the record. Senate Bill 3778. Senator Trotter. Mr. Secretary, please read the bill.
Senate Bill 3778. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. …the Body, we will skip ahead to page 22 on your Calendar. 3811. 2nd {sic} Bills 2nd Reading. Senator Martinez. Senator Martinez. Out of the record. Senate Bill 3815. Senator Bond. Mr. Secretary, please read the bill.
Senate Bill 3815. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?
37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Yes, Mr. President. Floor Amendment 2, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Bond, on Floor Amendment No. 2.
Thank you, Mr. President. It’s a technical change.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Seeing -- 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 further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …Reading. Senate Bill 3822. Senator Steans. Mr. Secretary, please read the bill.
Senate Bill 3822. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. 3rd Reading. We’ll now proceed to the Order of Senate Bills 3rd Reading on the bottom of page 22 of your printed Calendar. Senate Bill 120. Senator Harmon. Out of the record. Senator {sic} 176. Senator Harmon. Out of the record. Senate Bill 333. Senator Wilhelmi. Mr. Secretary, please read the bill. 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Senate Bill 33. (Secretary reads title of bill) 3rd Reading of the bill. Correction: Senate Bill 333. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Wilhelmi, on Senate Bill 333.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 333, as amended, creates two additional exempt transactions from the Cook County real estate conveyance thumbprint pilot program that went into effect July -- excuse me, June 1st, 2009. As many of you will recall, last year we passed a bill that attempts to address mortgage fraud in Cook County and Chicago by requiring notaries who notarize documents of conveyance of residential real estate in Cook County to create a -- a Notarial Record, to take a thumbprint of the seller and to provide for recordkeeping of that notary record. These two additional exemptions from those -- from -- two additional exempt conveyances include the following: deeds transferring ownership from a revocable or irrevocable grantor trust when the grantee is a beneficiary of the trust and, secondly, grants of beneficial interest in a trust that do not constitute an assignment of title of residential real property. Think these are very important exemptions. And I’d be happy to answer any questions. 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Wilhelmi, do you wish to close?
I ask for your support.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 333 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? Mr. Secretary, please take the record. On that question, there are 49 voting Aye, none voting Nay, none voting Present. Senate Bill 333, having received the required constitutional majority, is hereby declared passed. Senate Bill 370. President… Out of the record. Senate Bill 375. Out of the record. Senate Bill 377. Senator Raoul. Out of the record. Senate Bill 381. Senator Garrett. Out of the record. Senate Bill 384. Senator Demuzio. Mr. Secretary, please read the bill.
Senate Bill 384. (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. Senate Bill 384 amends the Department of Natural Resources Law of the Civil Administrative Code of Illinois, the Fish and Aquatic Life Code, and the Wildlife Code to make changes to the 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 requirements regarding veterans and individuals returning from service abroad who are applying for a free fishing license, hunting license or camping pass. 384 authorizes these individuals to provide acceptable verification to the Department and it will go through with -- and provides that veterans and individuals returning submit verifications, and that would be their DD-214. They can now make it at their local office instead of coming to Springfield to the Department of Conservation.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Demuzio, do you wish to close?
…for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 384 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? Mr. Secretary, please take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. Senate Bill 384, having received the required constitutional majority, is hereby declared passed. Senate Bill 387. President Cullerton. Out of the record. Senate Bill 388. Senator Wilhelmi. Out of the record. Senate Bill -- 416. Senator Trotter. Out of the record. Senate Bill 422. Senator Lightford. 422. Out of the record. Senate Bill 427. Majority Leader Clayborne. 427. Out of the record. Senate Bill 455. Senator Harmon. Leader Harmon. Out of the record. Senate Bill 546. President Cullerton. Out of the record. Senate Bill 575. 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Senator Forby. Mr. Secretary, please read the bill.
Senate Bill 575. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
Yes, thank you, Mr. President. Today, this -- this bill is a jobs bill. It is Senate Bill 575, Amendment 1, port district. And what this does is, Alexander County, so they can have a -- a port district in the county. This is the same thing we passed about a year ago for Massac County. So they’re right on the river down there where they -- repair barges and stuff and where they can ship coal and corn out. So this is going to be a -- a good thing. It does not cost the -- the State of Illinois anything. They do their own bonding and their own borrowing. All we’re doing is giving ‘em permission to have a port there. And they’ll have a seven-board member {sic}. There’ll be three appointments from the county and four from the State. And I ask for your favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) There any discussion? Any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Thank you, Mr. President. Senator Forby, is there a cap on 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 the amount of money that can be borrowed by the newly formed port district?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
I don’t know of any cap. What’s going to happen, it’s got to be up to the county to do that. It’s no -- no charge to the State of Illinois. So whatever they bond, whatever they borrow, whatever way they do it, it’s got to be up to the county.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
If the port -- you said the county. Which county is going to make that -- you mean the port -- the port authority is going to make that decision or -- or the county - which, Senator?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
Yes, it would be the port authority in Alexander County, the board that will do the -- the -- appointment and borrowing the money - the okay of Alexander County.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Thank you, Mr. President. Senator, is there a -- is there a referendum required only if they’re going to levy a property tax countywide or is -- there’s -- is there a referendum requirement in any other Section of the bill, other than if there is a property -- property tax increase imposed by the 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 county?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
Not that I’m aware of.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Lauzen.
Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Does this bill provide the port authority with the power to exercise eminent domain?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
Yes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
Can -- can you describe how that power might be used as far as, you know, taking people’s private property away?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
It’s like any place else when you see it. If there’s something that they’re going to put a factory in or something, 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 put people to jobs -- to work, if it -- they -- they can prove that it’s going to help the county, that it’s going to create jobs and give ‘em some property tax or put -- putting people to work, that -- same as anything else on one of these deals.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
Is there a stipulation in this bill that the seizing the private property cannot be -- that it has to be for a public use rather than a private -- that -- that the government would take private property from one individual to benefit the development of a -- a different individual?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
This is for a government body, not for private entities. This is just for the government entity, not for privates.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there -- any further discussion? Senator Dillard.
Thank you. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield. Senator Dillard.
Senator Forby, what’s the possibility that the new Alexander-Cairo Port District Authority will cannibalize the Massac-Pulaski County port district authority, since these towns are probably some thirty miles apart? Can the two exist together? 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
Okay. One of the things is, the districts don’t overlap, but they -- have been some talk about doing something together down the road. They are talking about that. But right now the districts don’t overlap. And I think if it came to the thing where it -- with a -- with -- issues with both of ‘em, I think they’re already talking about maybe they could go together on some stuff.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Dillard. Is there any further discussion? Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. You know, we have a number of port authorities throughout the State of Illinois. This particular port authority really does -- doesn’t do anything different than -- than -- than other port authorities do, as far as its responsibility and its -- and its rights, the ability to tax and those sorts of things. So, you know, I -- I just rise in support of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Forby, to close.
I just want to thank everybody for the words they put in. And, you know, this bill is about jobs and that’s what the State of Illinois need to do. Thank you. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 The question is, shall Senate Bill 575 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? Mr. Secretary, please take the record. On that question, there are 41 voting Aye, 7 voting Nay, none voting Present. Senate Bill 575, having received the required constitutional majority, is hereby declared passed. With leave of the Body, we’ll return to page 23 on our Calendar. Senate Bill 422. Senator Lightford. Mr. Secretary, please read the bill.
Senate Bill 422. (Secretary reads title of bill) 2nd Reading of the bill -- I’m sorry, 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 422, Floor Amendment No. 1, requires all volumes of the Illinois Procurement Bulletin be distributed to the minority, female, and disadvantaged organizations listed on IDOT’s DBE and on CMS Business Enterprise Program. What just happened is, on the I-290 resurfacing project, the DBEs and the MBEs were not accurately notified. Contracts had gone out for contractors and subcontractors and they missed the opportunity to bid. So what this legislation would do, would at least allow IDOT to make sure that they notify women businesses and minority-owned businesses -- an opportunity to at least bid on the contracts. I’d be happy to answer questions. 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Senator Righter.
Inquiry of the Chair, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your inquiry.
Thank you. According to the information we have, Mr. President, Senate Bill 422 is a -- is a shell bill. Maybe I missed something in the sponsor’s comments about what she intends to do with the bill, but our information is that it’s -- it doesn’t have that substance in it, or maybe we’re wrong. Can you clarify for us, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Thank you, Mr. President. I -- I guess I got ahead of myself in assuming that staff had filed this amendment and actually put the language on it now. So it is a shell bill and I would love to take it out of the record and go ahead and apply the language to it. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please take the bill out of the record. We’ll proceed on the Order of Senate Bills 3rd Reading. Senate Bill 580. President Cullerton. Out of the record. Senate Bill 603. Senator Haine. Senator Haine. Out of the record. Senate Bill 615. Senator Holmes. Out of the record. Senate Bill 620. Senator Noland. Out of the record. Senate Bill 655. Senator Lightford. 655. Out of the record. Senate Bill 678. Senator 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Collins. Out of the record. Senate Bill 679. Senator Steans. Out of the record. We’ll proceed -- page 6 -- page 24, top of the page, Senate Bills 3rd Reading. Senate Bill 685. Senator Steans. Out of the record. 692. Senator Muñoz. Senator Muñoz. Out of the record. 720. President Cullerton. Out of the record. Senate Bill 730. Senator Sandoval. Senator Sandoval. 730. Out of the record. Senate Bill 918. Senator Hutchinson. Mr. Secretary, please read the bill.
Senate Bill 918. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hutchinson.
Thank you, Mr. President and Members of the Senate. Senate Bill 918 is an initiative of the Department of Natural Resources. The purpose of the legislation is to clarify and update the issuance of scientific and special -- purpose permits under the Wildlife Code. So currently, right now, a group of permits allowing the special use of wildlife are all covered under the title “scientific”, but many of these special uses, such as education, salvage, wildlife rehabilitation are not truly scientific. So this would give -- or, allow for the division of the scientific permit into the -- a number of different categories. And I’d ask for an Aye vote. Happy to take any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator John 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Jones.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Sponsor will yield.
Senator Hutchinson, when we was in committee, you know, we was concerned that we’re -- we’re creating a -- a license and a -- and a permit that DNR could -- could go down the road in the future and -- and charge a fee for. And I know that you said in committee, and I want to say it on the Floor here also, excuse me, that that is not your intent or any of the General Assembly’s intent to be creating a future fee or -- or charge for a permit. Is that right?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hutchinson.
Thank you, Senator Jones, for raising that. That is absolutely true. There’s been no -- no talk at all of any fees, now or in the future, for this. This would be something that would be a free permit now and -- and as further contemplated - no fees at all. But, thank you, Senator.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jones. Is there any further discussion? Any further discussion? Senator Hutchinson, do you wish to close?
Thank you. I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 918 pass. All those in 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 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? Mr. Secretary, please take the record. On that question, there are 50 voting Aye, none voting Nay, none voting Present. Senate Bill 918, having received the required constitutional majority, is hereby declared passed. Senate Bill 934. Senator Koehler. Out of the record. Senate Bill 935. President Cullerton. Out of the record. Senate Bill 1055. Senator Viverito. 1055. Out of the record. Senate Bill 1118. Senator Harmon. Out of the record. Senate Bill 1137. President Cullerton. Out of the record. With leave of the Body, we will proceed to page 25 on your Calendar, Senate Bills 3rd Reading. Senate Bill 1503. Please note that there’s been a sponsor change. Senator Harmon. Senator Harmon. 1503. Out of the record. Senator John Sullivan. Senate Bill 1826. Mr. Secretary, please read the bill.
Senate Bill 1826. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. Senate Bill 1826 allows a cooperative corporation or a cooperative association to offset investment losses against operating income to determine its taxable income for State income tax purposes. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Is there any discussion? Is there any discussion? Seeing none, Senator Sullivan, do you wish to close?
Just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 1826 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? Mr. Secretary, please take the record. On that question, there are 50 voting Aye, none voting Nay, none voting Present. Senate Bill 1826, having received the required constitutional majority, is hereby declared passed. Senate Bill 1840. Senator Forby. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 1840. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
Yes, thank you, Mr. President. Senate Bill 1840 - the FOID Card age. This -- this is not a gun bill. This is nothing to do with that. All we’re doing on a FOID Card is changing the age from twenty-one to eighteen. We have young men and women today that goes into service at eighteen years old. They’re carrying guns. They’re -- they’re -- they’re defending our -- defending us, and when they come home, what’s the difference? They ought to be able to have a -- a FOID Card when they get 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 home. So, this is all -- this is doing nothing except changing the age from twenty-one to eighteen. Lot of young men and women gets married at nineteen/eighteen years old and they’re out on their own. So they ought to be able -- be legally to have a FOID Card. This is what this is about. I ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Forby, do you wish to close?
I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 1840 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? Mr. Secretary, please take the record. On that question, there are 38 voting Aye, 6 voting Nay, 7 voting Present. Senate Bill 1840, having received the required constitutional majority, is hereby declared passed. Senate Bill 1888. Senator Harmon. Out of the record. Senate Bill 2060. Senator Kotowski. Senator Kotowski. Out of the record. Proceed to the top of page 26 on your Calendar. Senate Bills 3rd Reading. Senate Bill 2065. Senator Hutchinson. The lady wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 2065. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Senator Hutchinson.
Thank you, Mr. President, Members of the Senate. Senate Bill 2065 was on the Agreed Bill List. This just extends the maturity date of three tax increment financing districts in the Village of Crete from twenty-three to thirty-five years. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Hutchinson, do you wish to close? Question is, shall Senate Bill 2065 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? Mr. Secretary, please take the record. On that question, there are 50 voting Aye, 1 voting Nay, none voting Present. Senate Bill 2065, having received the required constitutional majority, is hereby declared passed. Senator Lauzen, for what purpose do you seek recognition, sir?
Mr. -- thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point, sir.
On Senate Bill 1826, my intention was to vote Yes on that bill, if the record could reflect that.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The record will so reflect. Thank you very much. We’ll now proceed with Senate Bills 3rd Reading. Senate Bill 2458. 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Senator Harmon. Out of the record. Senate Bill 2474. Senator Bomke. Mr. Secretary, please read the bill.
Senate Bill 2474. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Bomke.
Thank you -- thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2474 does similar to what the -- the SURS bill did yesterday, allows a member to establish service credit -- up to twenty-five days of voluntary or involuntary furloughs, beginning on or after July 1st, 2008 and ending on or before June 30th, 2011, used to address the State’s fiscal emergency. It requires payment of the employee contribution, employer’s normal cost, and interest at the actuarially assured {sic} (assumed) rate. The cost is neutral.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Lauzen.
Thank you, Mr. President. Senator, how do -- with -- naturally we’re all concerned, and I know that you’re concerned, about the unfunded liability. How do we know that the calculation that’s done on all these cases is accurate, so that we don’t end up as taxpayers holding the bag for some of this cost?
PRESIDING OFFICER: (SENATOR SCHOENBERG) 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Senator Bomke.
I can only answer -- Senator Lauzen, I can only answer it by -- by saying that the cost was determined by the State Employment {sic} Retirement System. I don’t know that we can guarantee that it’s not adding any liability. They have determined the cost to be neutral.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
If -- if it’s a neutral -- assuming that it’s a neutral calculation, what is the benefit of doing this? I mean, what’s the benefit to the employee and what’s the benefit to the State if it’s a neutral calculation? Why would someone then -- what’s the benefit if I have to pay the present value of what I’m going to earn in the future?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator -- I’m sorry, Senator Bomke.
Thank you. Thank you. Well, it makes them whole on -- their not losing anything and -- and, quite honestly, it’s -- this is almost counterproductive because we’re asking State employees to voluntarily take furlough days. And -- and then they’re going to have to pay into the system to make certain that they are kept whole, that they don’t lose anything in their pension.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Bomke, do you wish to close? 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Ask -- ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 2474 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? Mr. Secretary, please take the record. On that question, there are 50 voting Aye, none voting Nay, none voting Present. Senate Bill 2474, having received the required constitutional majority, is hereby declared passed. Senate Bill 2476. Senator Hendon. Out of the record. Senator Haine, for what purpose do you seek recognition, sir?
A point of personal privilege, Mr. President. I -- I…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
I would ask the record to reflect on Senate Bill 333 that I was detained outside in the hallway and could not get back and I wanted to vote Aye on that.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The record will so reflect your intentions. Thank you. Senate Bill 2485. Senator Haine, do you wish to proceed? 2485. Out of the record. 2489. Senator Lightford. Senator Lightford. Out of the record. Senate Bill 2503. Senator Haine. Do you wish to proceed? Out of the record. Senate Bill 2505. Senator Frerichs. Out of the record. Senate Bill 2508. Senator Dillard. Out of the record. Senate Bill 2509. Senator Dillard. Mr. Secretary, please read the bill. 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Senate Bill 2509. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Dillard.
Thank you, Mr. President and Members. This is a proposal from the Illinois State Bar Association. And it’s meant to adopt a provision or a portion of the Uniform Trust Act from the Uniform Law Conference. And it just ensures that the ordinary lapse of what’s known as a “five by five power” is not viewed as a transfer that it -- that unintentionally generates creditor claims. I know of no opposition and I would urge its passage. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Dillard, do you wish to close? The question is, shall Senate Bill 2509 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? Mr. Secretary, please take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. Senate Bill 2509, having received the required constitutional majority, is hereby declared passed. Senate Bill 2514. Senator Silverstein. Out of the record. Senator Noland, for what purpose do you seek recognition, sir?
Yes, thank you, Mr. President. On that previous bill, I -- 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 I had wished to vote Aye.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The record will so reflect.
Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senate Bill 2525. Senator Martinez. Senator Martinez. Mr. -- the lady wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 2525. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Martinez.
Thank you, Mr. President and Members of the Senate. Committee Amendment No. 2 to Senate Bill amends the general provision of the Pension Code to require, rather than allow, indemnification of trustees of retirement systems other than for willful misconduct or gross negligence. The requirement would apply only to the local pension funds. State systems and the State Board of Investment will be permitted to indemnify trustees as under current law.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Martinez, do you wish to close? The question is, shall Senate Bill 2525 pass. All those in favor, vote Aye. Opposed, Nay. And the voting’s open. Have all voted who wish? Have all voted 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. Senate Bill 2525, having received the required constitutional majority, is hereby declared passed. Senate Bill 2530. Senator Forby. Senator Forby, do you wish to proceed? Gentleman wishes to proceed. Senator Forby seeks leave of the Body to recall Senate Bill 2530 to the Order of 2nd Reading. Seeing no objection, leave is granted. Senator Forby. Oh, sorry. Now on the Order of 2nd Reading, Senate Bill 2530. Have there -- are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Forby.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby, on Floor Amendment No. 2.
Floor Amendment No. 2 becomes the bill. I will explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will vote Aye. Opposed, Nay -- 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 amendments approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 2534. Majority Leader Clayborne. 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Mr. Secretary, the gentleman wishes to proceed. Please read the bill.
Senate Bill 2534. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.
Thank you -- thank you, Mr. President, Members of the Senate. We passed this law a couple of years ago to model a federal program. And within six months of DCEO implementing this programs -- program, the tax credits were gone or obligated within six months. It was ten million dollars’ worth of tax credits that don’t take -- the -- the companies aren’t able to take advantage of it till the third year, which means they’re up and operating and the State’s receiving sales taxes as well as income taxes. But the ten million dollars that we previously authorized generated one hundred and twenty-five million dollars in private investment for businesses in low-income communities. So we’re raising this to forty million, which means we will generate about a half a billion dollars in private investment in low-income communities. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Clayborne, do you wish to close? The question is, shall Senate Bill 2534 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? Mr. Secretary, please 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. Senate Bill 2534, having received the required constitutional majority, is hereby declared passed. Senate Bill 2535. Senator Trotter, do you wish to proceed? Out of the record. Top of page 27 of your Calendar, Senate Bills 3rd Reading. Senate Bill 2541. Senator Wilhelmi. Senator Wilhelmi. Out of the record. Senate Bill 2545. Senator Hunter. Out of the record. Senate Bill 2550. Senator Harmon. Out of the record. Senate Bill 2551. Senator Kotowski. Out of the record. Senate Bill 2554. Senator Martinez. The lady wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 2554. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Martinez.
Thank you, Mr. President, Members of the Senate. Senate Bill 2554 makes two changes to the IMRF Article of the Pension Code. It allows IMRF retiree who returned to work for IMRF employer in positions requiring less than the hourly standard for participation in the IMRF to keep their pension. The bill also allows members to begin making voluntary additional contributions upon submitting their requests rather than waiting two months to begin making contributions. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Is there any discussion? Is there any discussion? Senator Martinez, do you wish to close? The question is, shall Senate Bill 2554 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? Mr. Secretary, please take the record. On that question, there are 50 voting Aye, none voting Nay, none voting Present. Senate Bill 2554, having received the required constitutional majority, is hereby declared passed. Senate Bill 2556. Senator Haine. Senator Haine. 2556. Out of the record. Senate Bill 2559. Senator Koehler. Out of the record. Senate Bill 2605. Senator Delgado. 2605. Out of the record. Senate Bill 2630. Senator Steans. Mr. Secretary, the lady wishes to proceed. Please read the bill.
Senate Bill 2630. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Steans.
Thank you, Mr. President, Members of the Senate. Senate Bill 2630 creates the Government Electronic Records Act that applies to all executive branch agencies. It specifies electronic records have the same force and effect as non- electronic records, and encourages, although not -- does not require, agencies to use electronic methods for transferring, storing and retaining documents. The bill also creates the Electronic Records Advisory Board that will provide guidelines 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 and policies on electronic records management issues.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Steans, do you wish to close? Question is, shall Senate Bill 2630 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? Mr. Secretary, please take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. Senate Bill 2630, having received the required constitutional majority, is hereby declared passed. With leave of the Body, we will return to Senate Bill 2605. Senator Delgado. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 2605. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Delgado.
Thank you, Mr. President, for your indulgence. I apologize. Senate Bill 2605, as amended, will make technical changes in the definition of “subject to report” and it was drafted to address the concerns of the Cook County State’s Attorney and the Cook County Public Guardian. And I’m available for any questions or asking for your Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Delgado, do you wish to close? 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Just asking for your Aye vote, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 2605 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? Mr. Secretary, please take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. Senate Bill 2605, having received the required constitutional majority, will hereby -- is hereby declared passed. Proceed on the Order of Senate Bills 3rd Reading. Senate Bill 2638. Senator Bomke. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 2638. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Bomke.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2638 provides that every political committee required to file electronically must be able to receive all notices, reports, and other dispatches from the State Board of Elections electronically. The bill also requires the State Board of Elections to send those notices, reports, and other dispatches electronically starting January 1st, 2011.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Bomke, seeing none, do you wish to close? …is, shall Senate Bill 2638 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? Mr. Secretary, please take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. Senate Bill 2638, having received the required constitutional majority, is hereby declared passed. Senate Bill 2793. Senator Jacobs. Out of the record. Senate Bill 2794. Senator Forby. Mr. Secretary, the gentleman wishes to proceed. Please read the bill.
Senate Bill 2794. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
The amendment becomes the bill and I’ll explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator, we’re on the Order of 3rd Reading. Please proceed.
Thank you. Senate Bill 2794, amendment becomes the bill. And what this does is identify what a car is, authorized emergency vehicle under the Illinois Emergency Management Service {sic}. And what this bill had before was it had a license plate deal in it and there was a cost. So everybody agreed on this bill. So it’s a agreed bill. 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Forby, do you wish to close?
I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 2794 pass. All those in favor, vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. Senate Bill 2794, having received the required constitutional majority, is hereby declared passed. Senate Bill 2797. Senator Martinez. The lady wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 2797. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Martinez.
Thank you, Mr. President, Members of the Senate. Senate Bill 2797 is the initiative of the Illinois Chiropractic Society that will add one member of county boards of health. Currently these boards have eight members. The ninth member will be a chiropractic physician licensed in the State of Illinois. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Is there any discussion? Any discussion? Senator Viverito.
Yes, would the sponsor yield?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Indicates she’ll yield.
I don’t quite comprehend the idea of having a chiropractor on a particular board of health when that individual is able and capable of running for that office or being appointed to that office. I think you’re setting something that is not in the best interests to health boards. Next year it’ll be -- it’ll be a psychiatrist, and the year following, it’ll be an MD, and pretty soon there won’t be any rank and file to be able to serve on these health boards. Can you answer that question? Why a chiropractor?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Martinez.
Thank you, Senator Viverito. And psychiatrists and MDs are already on these boards, and these physicians are also MDs and they just want to also be included on part of these boards that exist out there.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Viverito.
Well, I’ll tell you, I’ve served on a health board for thirty-five years and I’m not an MD and a lot of our board members are not MDs and they make great contributions in that 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 field. And from my knowledge and ability, I remember some of the chiropractors were against immunization, which is probably one of the biggest factors in public health. So how in the world do I know what kind of chiropractor is going to go on a board and be objecting to immunization programs for the State of Illinois?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Martinez.
…you -- thank you, Senator. I -- I would -- all I can say is that these chiropractors are physicians who are certified by the State of Illinois. And why the immunization? I have no idea, but I’ll by happy to ask them and find out and get you an answer.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Viverito.
In all due respect, I have the most admiration for the sponsor, but obviously I have a deep, deep compassion for primary health care. And I believe that I would advise everyone in this Chamber to vote No.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Any further discussion? Any further discussion? Senator Martinez, do you wish to close?
I would -- I would hope that the chiropractors are also allowed an opportunity to serve on these boards, because they are -- they are MDs. They are certified by the State of Illinois. And all they want also as doctors is to be able to be 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 part of some of these health boards that are out there. So I -- I encourage an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 2797 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? Mr. Secretary, please take the record. On that question, there are 31 voting Aye, 9 voting Nay, 1 voting Present. Senate Bill 2797, having received the required constitutional majority, is hereby declared passed. Senator Martinez, for what purpose do you seek recognition? Senator Martinez did not ask for a verification. Please let the record reflect. Senate Bill 2805. Senator Haine. Out of the record. Senate Bill 2809. Senator Harmon. 2809. Out of the record. Senate Bill 2810. Senator Harmon. Out of the record. Proceed to top of page 28 on your Calendar. Senate Bill 2813. Senator Hunter. Senator Mattie Hunter. Out of the record. Senate Bill 2925. Senator Frerichs. Out of the record. Senate Bill 2931. Senator Righter. 2931. Out of the record. Senate Bill 2934. Senator Harmon. 2934. Out of the record. Senate Bill 2951. Senator Silverstein. Out of the record. Senate Bill 2959. Senator Luechtefeld. Senator Luechtefeld. Out of the record. Senate Bill 2981. Leader Radogno. The lady wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 2981. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Senator Radogno. Leader Radogno.
Thank you, Mr. President. This bill simply removes the sunset date of -- of January 1st, 2011 from the MRSA Screening and Reporting Act, which is a bill that we passed a year ago. It is apparently working and, consequently, everyone is in agreement we should remove the sunset. I would ask for your support.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Leader Radogno, do you wish to close? The question is, shall Senate Bill 2981 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? Mr. Secretary, please take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. Senate Bill 2981, having received the required constitutional majority, is hereby declared passed. Senate Bill 2988. Senator Pankau. Senator Pankau. Out of the record. Senate Bill 2993. Senator Sullivan. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 2993. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. The bill 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 brings Illinois into compliance with federal regulations regarding commercial motor vehicle drivers. Specifically, it reduces some reporting times, provides for the legal authority to impose disqualifications for a CDL, and -- and also adjusts some penalties. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Sullivan, do you wish to close?
Just ask for an…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 2993 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? Mr. Secretary, please take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. Senate Bill 2993, having received the required constitutional majority, is hereby declared passed. Senate Bill 2994. Senator Sullivan. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 2994. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Thank you, Mr. President. Senate Bill 2994 removes the word “material” -- “materially” from a Section of the Vehicle 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Code dealing with obstructions to a driver’s front, rear or side windows.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Bomke.
Thank you. Just -- just a comment on the bill. I probably will vote for it, but some Members may have a concern about it. In fact, Cook County Public Defender had some concerns about the bill. They stated in committee they believed the bill will enable police officers to make pretextual traffic stops based on trivial violations, such as having necklaces, pendants, parking passes, beads, crucifixes, or sunglasses suspended from the rearview window -- or mirror, excuse me. I just simply want to make Members here -- that they may or may not have a concern about it. I probably will vote in favor of it, but maybe some will have a concern.
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) Gentleman indicates he’ll yield.
Senator Sullivan, what -- what’s the driving force behind this bill? Why do you think it’s necessary to remove the word “materially”?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan. 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Thank you, and thanks for the question. Actually, it was brought to me by a police officer in my district. He was in committee and testified in favor of the bill. You know, he -- he and the other officers have run into situations where the -- the -- the term “materially obstruction {sic} (obstructs)” was determined by courts or the judicial system to be vague, and it was based on that recommendation that -- that it was a recommendation of him to actually remove that word from the -- from the definition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Senator, has there -- have there been -- has there been a ruling that it’s unconstitutionally vague? I mean, is this an infirmity that we’re trying to fix in that manner, or are you saying there’s -- just have been some confusion about that? We’ve not gotten any indication from the State Police that they’ve had difficulty in that regard.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Well, of course, I -- one of the first people I went to was the State Police to ask their opinion on this legislation. They were in support of it. They testified in -- or slipped it, I guess, in committee that they were in support of the legislation. So, was your question, have they seen this as a problem? I guess that they didn’t bring it to my attention. It was brought to my attention by a local police officer. 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
If that’s an invitation to clean up my question, Senator, I’ll take it, because it probably needs to be. You referred to problems in the court system and vagueness with the term “materially”. Can you elaborate on that?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Based on the testimony of the witness in committee, there have been instances where a police officer pulled over an individual and -- for an obstruction - what they felt to be an obstruction - and the courts -- that the case was thrown out in the courts because of the -- what they referred to as a vague term.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Thank you, Mr. President. Senator, I want to give you a hypothetical. In -- in my vehicle, I have a small - and it’s not wireless, it’s a wired set of earplugs that I use on a phone. When I’m not using that - I mean, it’s a very, very thin cord - I hang it over my rearview mirror. So, there is a thin cord that goes up from my dash and then hooks over my rearview mirror and there are two thin cords that drop down about this far, maybe four inches, from my rearview mirror and then two small earplugs. Is that in your view obstructing of my view?
PRESIDING OFFICER: (SENATOR SCHOENBERG) 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Senator Sullivan.
That’s kind of ironic, Senator, that you bring that up, because I do the same thing with the -- the earplugs that I use for my phone and do -- and put ‘em in the same place. I -- in my opinion, does that obstruct? No, it does not. And, again, I go back to that, under current law, it could be interpreted that that is a material obstruction. An officer could, under current law, even pull somebody over based on that -- you know, that -- having that hanging there. What this would allow the courts to do is to determine whether that is an obstruction that would actually block the view of a -- of a driver -- of a -- of a driver of a vehicle.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Senator Sullivan, aren’t the courts empowered to do that now? I mean, that’s the point of having the word “materially” in the -- in the statute in the first place, is to give the court some direction that it can’t just be anything that obstructs -- obstructs even the most minor of views. It has to be a material obstruction, which obviously goes toward the point of public safety. So, do the courts not have that latitude now, Senator?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
I believe that they -- I would say that they do. There have been three cases - and I’m sure that you have this 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 information - three different court cases in which the -- the court has actually ruled against the officer. You know, there was a -- you know, based on the -- based on the opinion as to what material. Now, that was -- so we had a situation - three different situations - where an officer felt like there was an obstruction and the courts ruled otherwise. You know, I think that the officer out there on the road would have a better opinion as to -- and would, under the circumstances, know whether there was indeed an obstruction.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The bill.
Thank you. Thank you, Senator Sullivan, first, for your -- for your answers to my questions. You know, I -- I stand here as a former prosecutor and one who, I have no doubt, after learning of my comments and questions on the bill, will be fielding a number of questions from my friends in the law enforcement community. There’s a reason that we have judges who sometimes rule against law enforcement officers. The judges are the balance in the system between those who are charged to enforce the law and those who are accused of violating the law. I don’t know anything about what the items were that were in the three court cases that Senator Sullivan referred to that the court said, no, that’s not a material obstruction. But I would submit to you that because the judge ruled against law 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 enforcement, that by itself is not a reason necessarily to change the law. Maybe the law needs to be changed. But more and more, Mr. President, in this Chamber and in this building, we are -- we are passing more tools for law enforcement, which we need to do. In some instances, those are tools that give law enforcement officers greater and greater latitude to pull people over, to make stops. And, no doubt, when that happens, it raises sometimes the potential for pretextual stops. Again, Senator Sullivan, thank you for your work and your diligence in -- in -- in -- on this bill and for answering my questions. I am going to cast a No vote very regrettably because I -- I understand what Senator Sullivan’s going to do. But I think -- I’m not comfortable with how much discretion this gives to law enforcement. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. We have a number of Members seeking recognition. Catie Sheehan, WICS, requests leave to videotape the proceedings. Seeing no objection, leave is granted. Senator Raoul.
To the bill: Senator Sullivan and I had a discussion last night about my desire to be in my seat to kind of catch bills that kind of limit the discretion of judges and raise concerns. And it’s ironic that I’m here today speaking to my good friend Senator Sullivan’s bill. I -- I want to echo the concerns raised by both Senator Bomke and Senator Righter with regards to the notion of giving law enforcement more tools to make pretextual stops. We have this discussion often, whether it’s a discussion about racial profiling or -- or whatever the 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 discussion is. I agree with Senator Righter’s conclusion that the term “material” is a more narrow definition than -- the removal of the word “material” from the definition. Too often, usually in the Criminal Law Committee, we’re dealing with bills coming forth that removes the discretion of judges. And I think we need to be cautious about how far we go with that, whether it’s something like this or whether it’s with regards to mandatory -- or, enhancing penalties and -- and mandatory sentences and removing availability for judges to give probation and things like that. And, regrettably, I’m going to cast a No vote on this and I’m going to ask for my colleagues, who are sensitive to the -- the issues that have been raised, to also cast a No vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Thank you, Mr. President. I -- I’m -- I’m listening and hearing the three previous speakers talk about this bill and it’s pretty obvious to me that there are some grave concerns and some issues that obviously need to address. And with that in mind, Mr. President, I’d like to pull the bill out of the record.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Out of the record. Senate Bill 2995. Senator Sullivan. Do you wish to proceed? The gentleman wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 2995. (Secretary reads title of bill) 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Thank you, Mr. President. The bill requires -- would -- amends the ability to require an employee to pay the present -- excuse me, let me back up. Allows an individual employed full time by IDOT as a highway maintainer who has more than twenty years of service credits under the alternative formula to convert up to five years of service under SERS. The individual would pay the present value of the benefit before retiring and would pay all contributions, so there would be no fiscal impact. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Duffy.
Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Senator, is this an expansion of this pension program?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
The individual is currently in the program. It would allow the individual to purchase some additional time for years spent when he actually worked at a veterans’ home. He would -- as I said in my comments, he would pay all contributions, all 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 interest, so there would be no impact to the State.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Duffy.
Thank you, Senator. Senator, how many people would this apply to?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
I would guess one, but if there were other individuals who had worked for twenty years for IDOT and also five years for a veterans’ home. I don’t know if there’s any people out there like that. I suppose it’s possible. But I would say the -- the -- the reality is that this would -- this would affect one person.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Duffy.
To the bill: Senator, I -- I appreciate what you’re trying to do and I understand it. My concern is that in this environment, when we can’t currently fund our pension program, I’m afraid we’d open a door and, in the future, who would we want to add next year. I just see that as a problem. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Senator Lauzen.
Thank you, Mr. President. Senator, I -- I certainly appreciate what you’re trying to do for one of your good 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 constituents. The concept - and -- and you have a couple of though bills in a row here - where, again, as the former speaker mentioned, in the environment right now, is really tough to expand. If I understand correctly, the alternative formula is for physically dangerous work, where there’s a threat to someone’s life and limb. And as admirable as the work was for the five years in serving our veterans in the veterans’ homes, it’s -- it’s not the same purpose, and so, you know, we’re bringing forward for an individual and maybe there are a couple more individuals. Won’t that just bring a wave, a tsunami wave, of other people who would want non-dangerous work to apply to the dangerous work category? If I’m not mistaken, the person would be in the SERS regular program, the State Employee Retirement System, where I believe that you have to have thirty- four years or so, where under the alternate formula, at age fifty with twenty-five years of service, you get two and a half percent per year. A person can work for twenty-nine years, having started at either -- well, actually could start at eighteen years old, could work for thirty-three years and have eighty percent of the compensation on the last day of work. And it’s just -- it’s like the pension system in this State is so badly in need of reform, why would we want to put one more special circumstance for one person, when what we really should be doing with this time is substantially reforming the whole system? So, I guess it’s more of a statement than it is -- that you could address maybe in your closing remarks for this. But it seems like we’d be going the wrong way on -- on providing this type of -- legislation during the time that we’re struggling with a terrible unfunded liability and, in my 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 opinion, insolvency of the current plan.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Sullivan, do you wish to close?
Yes, thank you. And I appreciate the previous speakers’ comments. I -- I’ve been -- I’ve tried to be very, very sensitive to the issue of additional burden for the State’s pension systems and I’ve -- we -- we’ve addressed that issue within this legislation. I simply ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 2995 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? Mr. Secretary, please take the record. On that question, there are 30 voting Aye, 19 voting Nay, 0 voting Present. Senate Bill 2995, having received the required constitutional majority, is hereby declared passed. Senator Murphy, for what purpose do you seek recognition, sir?
Mr. President, I’d ask for a verification of the last roll call, please.
PRESIDING OFFICER: (SENATOR SCHOENBERG) That request is in order. Senator Murphy requests a verification. Will all Members please be in their seats? Mr. Secretary, please read the affirmative votes.
The following Members voted in the affirmative: Bomke, Clayborne, Collins, Delgado, Demuzio, Forby, Frerichs, Haine, 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Harmon, Holmes, Hunter, Hutchinson, Jacobs, Emil Jones, Koehler, Kotowski, Lightford, Link, Maloney, Martinez, Muñoz, Noland, Raoul, Sandoval, Steans, Sullivan, Trotter, Viverito, Wilhelmi and Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Murphy, do you question the presence of any Member voting in the affirmative?
You know, after a careful consideration and a look on that side of the aisle, Mr. President, I think I see all thirty people. I don’t question…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Did you look on the other side of the aisle, too?
I don’t question the presence of anybody.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you, the request is withdrawn. On a verified roll call, there are 30 voting Aye, 19 voting Nay, 0 voting Present. Senate Bill -- 2995, having received the required constitutional majority, is hereby declared passed. Senate Bill 3004. Senator Garrett. The lady wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 3004. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Garrett.
84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Thank -- thank you, Mr. President. Senate Bill 3004 amends the State’s Health Insurance Continuation Law to ensure once again that Illinois residents working for small employers can receive the full benefits to which they are entitled to under federal law. This passed the Health Insurance Committee unanimously and has no opposition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Garrett, do you wish to close? The question is, shall Senate Bill 3004 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? Mr. Secretary, please take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. Senate Bill 3004, having received the required constitutional majority, is hereby declared passed. Senate Bill 3010. Senator Crotty. Out of the record. Senate Bill 3011. Senator Crotty. The lady wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 3011. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Crotty.
Thank you very much. This increases the maximum aggregate retail value of all prizes or merchandise awarded in any one game of bingo conducted by a senior citizens organization or a unit of local government from five dollars to ten dollars. 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Crotty, do you wish to close? The question is, shall Senate Bill 3011 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? Mr. Secretary, please take the record. On that question, there are 48 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 3011, having received the required constitutional majority, is hereby declared passed. Senate Bill 3012. Senator Crotty. The lady wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 3012. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Crotty.
Thank you, again. Senate Bill 3012 makes some date changes regarding petition filing for the general primary and the consolidated primary elections. In particular, the bill would move the petition filing period for the general primary back seven days. It would shorten the general primary filing period by three days. Currently that filing is Monday through Monday and this would be Monday through Friday, leaving the weekend open. And it moves the petition filing date for the consolidated election back by four weeks. It shortens the period to seek judicial review of an electoral board’s decision to five days, and currently that’s ten. This is an initiative 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 of the Cook County Clerk. When we went to the computerized voting, we never changed any of the dates, so the guidelines that are set in this bill allows the clerks to be able to really have a correct -- as much of a correct ballot as possible. I’ll answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Lauzen.
Thank you. A question for the sponsor. If I understand correctly, this makes it easier for the folks at the county clerk’s to conduct the elections. But in your opinion, does it make it harder or easier for those who are running for office?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Lady indicates she’ll yield. Senator Crotty.
I think it -- I -- basically, in my opinion, I don’t think this should be a concern for a candidate. I think when you’re going to challenge a petition, you know that right off. You don’t have to -- to wait and extend it this long of a period. So I would have no problems with this, otherwise I probably wouldn’t be carrying it and I’d still be working on it. But even with the early voting, like I said, we have never changed the dates, so this has really strapped the clerks as far as trying to get the most perfect ballot for our voters. And I think that’s -- that’s what we all want.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Just to the bill: Thank you very much, Senator, for the response. I -- I think if we have to err on a side of making it easier or harder for one group or another, we should end up in favor of those who are running for office. I -- and I think that part -- and maybe the sponsor can address this in the closing remarks. We moved the date up earlier, but now we’ve pressed it back. So we’ve made an adjustment for that one. I think that if we have to make an error one way or the other, it ought to be in favor of those running for office. So, thank you very much for your indulgence. I’d recommend a -- a reluctant No vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Crotty, to close.
I would just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 3012 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? Mr. Secretary, please take the record. On that question, there are 45 voting Aye, 4 voting Nay, 0 voting Present. Senate Bill 3012, having received the required constitutional majority, is hereby declared passed. Senate Bill 3016. Senator Bomke. Out of the record. Senate Bill 3018. Senator Crotty. Do you wish to proceed? The sponsor wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 3018. 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Crotty.
Thank you, again. Senate Bill 3018 amends the Real Estate License Act of 2000. It states that beginning on May 1st, 2012, a managing broker, a broker, or a leasing agent whose license has been expired for more than two years but less than five years may have the license renewed if they meet the following requirements: they apply to the Department, pay the required fee, complete the continuing education requirements, file acceptable proof of fitness to have his or her license restored. For anyone whose license is expired for more than five years, they must meet the requirements for a new license. And this also was on the Agreed Bill List.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Crotty, do you wish to close? The question is, shall Senate Bill 3018 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 50 voting Aye, 2 voting Nay, 0 voting Present. Senate Bill 3018, having received the required constitutional majority, is hereby declared passed. Now proceed to the Order of Senate Bills 3rd Reading, top of page 29 of your Calendar. Senate Bill 3022. Senator Jacobs. The gentleman wishes to proceed. Madam Secretary, please read the bill. 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Senate Bill 3022. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jacobs.
Thank you, Mr. President. This is an initiative of the Fraternal Order of Police. This bill would allow veterans who are police officers to establish creditable service for their military service before their employment. This is not a bill seeking a free ride or a pension enhancement. This is a buyback of a portion of the time or service in the pension while -- but be required to make payment too -- the employer and the employee. And the item itself is revenue-neutral. Appreciate your support.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Duffy.
…you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The gentleman indicates he’ll yield.
Senator, just to clarify, so then whoever wants to do this has to cover the cost themselves, correct?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jacobs.
90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Yes, sir.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Any further discussion? Any further discussion? Senator Jacobs, do you wish to close?
I just ask for your affirmative vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall -- Senate Bill 3022 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 51 voting Aye, none voting Nay, none voting Present. Senate Bill 3022, having received the required constitutional majority, is hereby declared passed. Senate Bill 3025. Senator Wilhelmi. Out of the record. Senate Bill 3029. Senator Haine. Do you wish to proceed? The gentleman wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 3029. (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 is a non-substantive bill. It merely updates and correlates the -- the forfeiture part of the DUI statute with the rest of the law that was changed with the reforms of the CLEAR Commission. And I would ask for an Aye vote. It’s an 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 initiative of the appellate prosecutor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? The question is, shall Senate Bill 3029 pass. All those in favor, 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 50 voting Aye, none voting Nay, none voting Present. Senate Bill 3029, having received the required constitutional majority, is hereby declared passed. Senate Bill 3030. Senator Haine. Do you wish to proceed? The gentleman wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 3030. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill adds an addition to the aggravated assault statute, to wit, a person commits an aggravated assault when he or she knowingly and without justification operates a motor vehicle in a manner which places a person in reasonable apprehension of being struck by a motor vehicle. This grew out of an incident in which a police officer -- an individual tried to run down the police officer and the only charge that the State’s Attorney could consider reasonably was a misdemeanor assault or attempted murder. This provides a nice mezzanine 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 floor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Haine, do you wish to close? The question is, shall Senate Bill 3030 pass. All those in favor, 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 51 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3030, having received the required constitutional majority, is hereby declared passed. Senate Bill 3034. Senator Haine. Do you wish to proceed? Out of the record. Senate Bill 3043. Senator Harmon. Out of the record. Senate Bill 3047. Senator Koehler. Out of the record. Senate Bill 3054. Senator Harmon. Out of the record. Senate Bill 3057. Senator Harmon. Out of the record. Senate Bill 3060. Senator Harmon. Do you wish to proceed? The gentleman wishes to proceed. Madam Secretary, please read the bill. With leave -- Senator Harmon seeks leave of the Body to recall Senate Bill 3060 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, Senate Bill 3060. Senator Harmon, do you wish to proceed? The gentleman wishes to proceed. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Harmon.
93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Thank you, Mr. President, Ladies and Gentlemen of the Senate. The amendment addresses some concerns raised in committee. I move for its adoption.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator John Jones.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield. Senator Jones.
Senator Harmon, we’ve been told by your staff over -- I think that you’re going to hold this until next week after you put the amendment on, is that correct?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Harmon.
Thank you, Mr. President. Yes, Senator, my intent is to simply adopt the amendment today.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jones.
Thank you. I -- I appreciate the -- the amendment you put on there. I -- I know that some of ‘em in committee had a -- still some concerns and -- and we would like for DNR to address that on the intermittent -- intermittently part of -- of a trolling motor. But the other thing, I notice in the bill that this is also private property along with public property. And - - and I got a real problem with that if -- if we’re going to 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 leave that language in there. Because if I’ve got a two- or three-acre lake out on my farm and I want to go out there and fish, I don’t think it’s the State’s place to tell me that I need to have a life jacket on my own personal property. So, I would -- I would like for you to -- to at least look at that and see if we couldn’t address that.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Is there any further 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 further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. With -- with leave of the Body, we will return to page 28 on your Calendar. Senate Bill 2959. Senator Luechtefeld. Senator Luechtefeld. 2959. The gentleman wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 2959. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Luechtefeld.
Well, thank you for coming back to this bill, Mr. President and Members of the Senate. This particular bill is an attempt to try to help and protect some of the small beekeepers in the 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 State of Illinois. Basically what it does is it -- you know, the Department of Public Health who regulates an awful lot of food, it -- it attempts to -- to take some of the pressure off from the Department of Public Health that they will be able to operate. Many of those -- many of those group -- many of those people do it for a hobby. They do sell their honey, usually at a -- maybe a country market someplace or something like that. And we had an awful lot of support. I -- I guess, in -- in -- in a way, I was surprised from the -- from the -- the committee, Ag Committee, on this issue. Hopefully, we can pass this -- you know, what basically the Department of Public Health wants to do is control them like they would a big business or a huge beekeeper with an awful lot of -- you know, a room to -- to -- to separate the honey from the comb, all kinds of stainless steel equipment, those sorts of things. May put an awful lot of these people out of business. So I would ask -- would be able - - would -- would ask for some questions or in -- would also ask your support on this bill. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Senator Koehler.
Yes, thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Is there any requirement, then, that beekeepers who are producing under this threshold have to have any kind of inspection or any kind of look at in terms of their equipment and their processes? 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Luechtefeld.
What this would do basically is, if you produce less than five hundred gallons, the Department would not be able to have control over that group.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Koehler.
To the bill, Mr. President. The -- and I understand what - - what the attempt is here and -- and I support, certainly, small entrepreneurs. I buy a lot of honey. I probably buy more honey than anybody in this -- this room, because I own a -- a bakery. And the -- the -- the person I use that keeps bees, he has more than that threshold of five hundred - not much more, but he has more. He has to go through a very extensive inspection. He has to have the three-compartment sink. He has to have all the stainless steel equipment. It puts a burden on him because this is his competition. You know, he does it on a little larger scale and, all of a sudden, he has to jump through all these hoops, and it really creates an unfair situation for somebody to try to compete in this kind of a market. So I just would urge everybody to be cautious on this. I voted for it in committee, but I’m going to be a No vote on the Floor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Viverito.
Yes, I -- I just want to add -- add a comment. I think 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 basically what this does, it opens the door for other people to be asking for exemptions from the Public Health. And obviously, as -- as sensitive as this issue is -- and, Coach, I’m sure it’s something very personal for you, but as you well know, honey goes into peanut butter as well. And, you know, you could have a real serious dilemma with these type of beekeepers that aren’t being monitored fairly. I think it’s not a good thing and I think it’s totally -- inaccurate to even ask for an exemption in any particular case due to Public Health restrictions and especially for the -- minute one-cell vegetable microorganisms that are alive and thriving. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Viverito, you were obviously up late studying for this last night. Senator Luechtefeld.
It -- it is a little difficult to speak against someone with a PhD in science and I -- I could -- I could tell you have that. You know, I’m told that honey has properties that an awful lot of other products do not have with regard to bacteria growing in it -- it -- that it -- you know, these are properties that I was not aware that it has. And, you know, we asked the Department of Public Health, “Have you ever, ever had a problem with any of these at -- at any time, any kind of contamination, any kind of problem?” And they said, “No, we’ve -- we’ve never had that problem.” Again, you know, there are a couple points being made by -- on that side of the aisle that I think do make some sense and -- and I know that we -- we are going to continue to work with the Department of Public Health to try to come up with something that they can live with too, because I -- I know 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 where they’re coming from, and -- and hopefully that -- that can be done, Senator. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Senator Bivins.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The bill.
We did ask that question of the Department of Health. As long as they’ve been keeping records, they -- they do not have any record of small bee -- beekeepers with a problem with tainted honey. As a matter of fact, most of the tainted honey comes from China. And they used a antibiotic for many years in the late nineties and that’s where the problem lies with some of the larger manufacturers and -- with the honey product, in -- in that antibiotic, which is very toxic. I, myself, am a consumer of honey for over thirty years, and my father-in-law was a Ag teacher who had beehives and I’ve helped him produce that honey, and I think it’s very safe and I -- I am in favor of the bill. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any further discussion? Any further discussion? Senator Luechtefeld, do you wish to close?
I would just ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 2959 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 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 50 voting Aye, 2 voting Nay, 0 voting Present. Senate Bill 2959, having received the required constitutional majority, is hereby declared passed. The Chair asks Senator Viverito next time he’s addressing Senator Luechtefeld to refer to him by his proper name, and not Coach, in Floor debate. Senator Noland, for what purpose do you seek recognition?
Thank you, Mr. President. And I ask your indulgence. A little while ago I was unavoidably indisposed while Senate Bill 3047 was called and I would have voted Yes for that bill. I wish to be recorded as an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Record will so reflect. Senate Bill 3061. Senator Althoff. The lady wishes to proceed. Madam Secretary, please read the bill. Senator Althoff seeks leave of the Body to return Senate Bill 3061 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of Senate Bills 2nd Reading, Senate Bill 3061. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Althoff.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Althoff, on Floor Amendment No. 1.
Thank you very much, Mr. President. Floor Amendment No. 1 simply gives the Department of Finance and Professional 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Regulations {sic} (Financial and Professional Regulation) the ability to take disciplinary action with regard to these temporary permits -- temporary license.
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 further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3068. Senator Collins. The lady wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 3068. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 3068 allows financial institutions to take a net interest deduction from interest on a mortgage, home mortgage, made to a business owner of a business located in a enterprise zone or river edge redevelopment zone. And the reasoning behind the bill is that many small business owners during the housing bubble took out mortgages to keep their business in operation and to meet the payroll and for other cash 101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 flow issues. But with the increasing amount of foreclosure coupled with economic downturn, the expansion of the net interest deduction given to the small business owner would allow them to reduce the principal on their loan and help reduce the risk of foreclosure and small business failure.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Collins, do you wish to close?
Just ask for an affirmative vote. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 3068 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 50 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3068, having received the required constitutional majority, is hereby declared passed. Senate Bill 3070. Senator Althoff. Do you wish to proceed? Out of the record. Senate Bill 3084. Senator Martinez. Senator Martinez. Out of the record. Senate Bill 3085. Senator Raoul. Senator Raoul. 3085. Out of the record. Proceed to the top of page 30 on your Calendar, Senate Bills 3rd Reading. Senate Bill 3096. Senator Haine. 3096. Do you wish to proceed? Out of the record. Senate Bill 3097. Do you wish to proceed? Senator Haine wishes to proceed. He seeks leave of the Body to return Senate Bill 3097 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of Senate Bills 2nd Reading, Senate Bill 3097. Madam Secretary, are there any 102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine, on Floor Amendment No. 1.
The -- the amendment merely clarifies that an acceptable alternative backup for a hardwired smoke detector can be either a battery or an emergency generator. This was some of the concerns expressed. Was a Fire Marshal’s bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor, vote Aye -- say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 3118. Senator Garrett. The lady wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 3118. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Garrett.
Yes, thank you very much, Mr. President. Senate Bill 3118 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 creates the Office of the Inspector General for the Illinois Toll Highway Authority. This is a separate and independent office. The Inspector General is appointed by the Governor with advice and consent of the Senate. It’s a five-year term. And the -- the Inspector General investigates allegations of fraud, waste, abuse, mismanagement and misconduct; has the power to subpoena. And he or she will submit summary reports once a year to the General Assembly. And also, when there is evidence of any wrongdoing, at board meetings this information will be made public and also on the website of the Illinois Toll Highway Authority. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Garrett, do you wish to close? The question is, shall Senate Bill 3118 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 51 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3118, having received the required constitutional majority, is hereby declared passed. Senate Bill 3129. Senator Righter. Out of the record. Senate Bill 3130. Senator Harmon. Senator Harmon. Out of the record. Senate Bill 3131. Senator Harmon. Out of the record. Senate Bill 3132. Senator Harmon. Out of the record. 3134. Senator Harmon. Out of the record. 3139. Senator Harmon. Out of the record. Senate Bill 3148. Senator Maloney. Out of the record. Senate Bill 3156. Senator Harmon. Out of the record. Senate Bill 3158. Senator Harmon. Out of the record. Senate Bill 3162. Senator Harmon, what’s your -- 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 what’s your preference? Leave of the Body, we’ll go back to 3139. Senate Bill 3139. Gentleman wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 3139. (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. Senate Bill 3139 amends the Property Tax Extension Limitation Law. When we adopted the Property Tax Extension Limitation Law in 1995, we froze the debt service extension limitation at its current level. Last year, we recognized that that level had eroded dramatically in the intervening years and we permitted its future growth at the -- the -- the lesser of five percent or the cost of living indexes - the other line item screw up. Unfortunately, we included the line in the -- in the Act in a place that inadvertently omitted a handful of -- of park districts. This bill would correct the placement of that language. It came out of committee on the Agreed Bill List. I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Harmon, do you wish to close? The question is, shall Senate Bill 3139 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 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Secretary, please take the record. On that question, there are 50 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3139, having received the required constitutional majority, is hereby declared passed. Senate Bill -- Senate Bill 3158. Senator Harmon, do you wish to proceed? Gentleman wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 3158. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3158 creates the Commission to End Hunger. It would be administered within the Department of Human Services and create an action plan to deal with the hunger needs across the State. This bill is an initiative of the Greater Chicago Food Depository. As amended, it clarifies that there is no expense to be incurred by the State. The cost of staffing the Commission will be borne by the food banks in the State. I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Harmon, do you wish to close? The question is, shall Senate Bill 3158 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 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 49 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 3158, having received the required constitutional majority, is hereby declared passed. Senate Bill 3162. Senator Harmon. Gentleman wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 3162. (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. Senate Bill 3162 is an amendment to the -- to the Illinois Pension Code. It’s a trailer bill to our comprehensive pension reform bill last year. In that bill, we provided for procurement of investment advisers and consultants who provide individualized service to our pension funds. We inadvertently included in -- in that structure the situation where -- investment advisers or consultants would sell to a pension fund a -- a fund-of-funds. It’s a -- it’s a venture capital term. It’s essentially a mutual fund of venture capital funds. This would clarify that it would be treated like any other security where the investment adviser is not providing individualized services to the pension fund. I know that Senator Righter and I had a good debate in -- in committee and I look forward to continuing that conversation on the Floor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator 107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Thank you. Senator Harmon, can you -- can you characterize for the Chamber the differences in the duties of those individuals who are subject to -- I’m going to call it the full list of requirements and those who you are attempting to separate out and set up a shorter list of requirements for?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Harmon.
Thank you, Mr. President. And thank you for your question, Senator, and I’ll do my best to articulate the difference. If a pension fund were to retain an investment adviser to provide tailored investment advisory services, that investment adviser would look at the -- the needs of the pension system, would make recommendations on a collection of investments, would help plot a strategy for the investments of the pension fund. And in that case, the procurement method we set up in last year’s bill is perfectly appropriate and we should hold them to that standard. This is a slightly different situation - investment advisers create investment vehicles. A fund of venture capital funds is the example we’re using here and the -- the -- the issue we’re trying to address. That investment adviser does not provide any individualized investment advice to the pension fund. It simply makes available an investment and it takes all comers. The 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 investment adviser manages the fund for the benefit of the fund and for all of the holders of an interest in the fund, but it’s not individualized to that one investor. It’s essentially like buying a mutual fund versus going to a personal investment adviser and -- and getting the advice you need for your personal finances. It’s more important here because the best fund-of- funds are scarce resources. They’re oversubscribed. They have a lot of pension funds who would like to participate. If we erect artificial barriers, Illinois pension funds won’t be able to participate in the best of those investments.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Thank you, Mr. President. Senator, one last question. Of the requirements that you are exempting these -- this particular class of managers from, I want to ask about one in particular, and that is, the requirement for kind of the follow-up meeting. I mean after all the work is done and we all sit around the table and say, “Okay, how did you do?” That is not something that you’re going to require of this class of managers. Can you go through why that would be the case?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Harmon.
Thank you, Mr. President. Thank you, Senator Righter. Yes, in the case of an investment adviser that is providing individualized investment services to a pension fund, it’s perfectly appropriate to sit down periodically and evaluate how that investment adviser did for the pension fund. Did you make 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 good recommendations? Did you put together an asset allocation that was good for our -- our -- our pension system? How did you perform in your duties to us as an investment adviser? Here it’s different. The duty is not to the individual investor; it’s to the broader fund. And, of course, we’ll be able to see how the fund performed. We’ll get the investment returns. We’ll be able to evaluate whether that was a good investment. But the investment adviser is not providing any individualized services to the pension system and therefore there’s really nothing to evaluate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
To -- to the bill, please, Mr. President. Ladies and Gentlemen of the Senate, I simply rise in support of Senate Bill 3162 and thank Senator Harmon for his thoughtful work on the bill and answering my questions. I do think at a time when we’re looking for the best investment returns possible, we should do everything that’s prudent to get Illinois dollars into these high-return funds. And so, with that, I would urge an Aye vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Any further discussion? Any further discussion? Senator Harmon, do you wish to close? The question is, shall Senate Bill 3162 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 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3162, having 110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 received the required constitutional majority, is hereby declared passed. Senate Bill 3180. Senator Wilhelmi. Out of the record. Senate Bill 3188. Senator Jacobs. Do you wish to proceed? Out of the record. Senate Bill 3193. Senator Delgado. Out of the record. We’ll turn to the top of page 31 on your Calendars. Senate Bills 3rd Reading. Senate Bill 3264. Senator Forby. Do you wish to proceed? The gentleman wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 3264. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
Thank you, Mr. President. Senate Bill 3264 is the critical access hospital reimbursement. The major issue with this bill is supplement to -- to reimbursement -- appropriation, I’m sorry -- subject to appropriation. And -- and everybody in here has an issue with that. But the hospital people knows that is an issue, so that’s going to be the issue. One -- this bill is a jobs bill plus a health care bill. It does two things. This takes care of the people that’s -- need -- need -- a issue with a health problem and it puts people to work. And in my district here, I have a couple hospitals on critical care and they’re right at the edge. They need help really bad. And if these two hospitals would happen to be shut down - we got fifteen percent unemployment in one county - it would -- probably make it go to twenty-one percent. So this work -- this bill is very 111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 important. So -- and another thing this bill does, on -- it’s got matching federal funds on it. So the State puts up half, the federal puts up the other half. So this is one good thing about this bill and you heard the Governor giving his speech the other day, saying that we got to work on more federal funding. So this bill would help on federal funding. So this is a thing that -- that our critical care hospitals needs, and I think there’s fifty-one throughout the State and that’s twenty-five percent of our hospitals. So this bill is -- is something really good to everybody in the State of Illinois, so -- and we need to take care. And I hope everybody will look at this and give me an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Senator Syverson.
Thank you, Mr. President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Senator, what’s the cost of this -- of this legislation?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
This is subject to appropriation, but what this bill -- it’s twelve billion -- twelve million dollars. State puts up twelve million and the federal puts up twelve million.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 You had mentioned earlier about the timeliness and about the -- this as being a jobs bill and one that creates a number of jobs. If there’s no funding in this legislation, then it doesn’t create any -- any jobs or does not have any impact. So the passing of this bill with it just subject to appropriations doesn’t address the concerns or the issues that you’ve raised. Is that true?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
Yes, it is true. And, you know, around here in Springfield and the State of Illinois, sometimes there could be funding come up. You know, we could come up with funding or revenue or whatever down the road. And if that happens, this bill is there and ready to go. So these people knows -- are hoping down the road there will be some revenue someplace come up. They just want to be prepared if this happens. And they know there’s a possibility they could be shutting their hospitals down, but they’re doing everything possible to keep these places open.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
I certainly understand the fact that they are getting a -- a lesser rate than other parts of the State. Have you sat down with the Department and talked about where changes could be made inside the budget so funding could be found to fill this? Clearly, there are other areas in health care where providers are getting a substantially higher rate than what these critical access hospitals are getting. Have you talked to the Department 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 about any fairness in the rates and shifting from some of these that are getting enhanced rates to help fund critical access facilities? So, not new dollars, but shifting those who are getting enhanced rates to making it more fair so it can -- so it can help those critical access hospitals.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
Yes, I agree with you, and I think -- we need to sit down and talk to ‘em, but right now they think they’re doing the best they can. But we’re not going to give up on this and we’re going to keep talking, trying to find out -- see if there’s anyplace that could be shifted or could be worked, because, you know, fifty-one hospitals in the State of Illinois is -- is dependent on this. So we need to take care of this. We need to look at it, and what we want to do is, is do everything possible we can. If it don’t happen, it don’t happen. But we just don’t want to leave anything -- anything that we haven’t checked on and make sure we can make this happen.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Murphy.
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Senator, last week, we passed legislation out of here to borrow two hundred and fifty million dollars so we could get 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 more federal match in Medicaid. Do you know whether any of that money will be going to these fifty-one hospitals, and if so, when?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
No. I think that’s only going to be going to what bills we have today. This is down the road. So what that is, just trying to bring our bills up to date.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Murphy.
Will it be going to the fifty-one hospitals you’re talking about?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
We’re hoping and we think that the -- some of this money under the fifty-one -- under the fifty-one hospitals -- that will get some of it. We’re hoping they will.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Murphy.
What will that do -- strike that. Governor Quinn last year, in our budget for this fiscal year, was given lump sums of money and indicated at that time that he would manage the budget to avoid the types of shortfalls that you’re describing. Has Governor Quinn allocated any of the money that this Body gave him in this current fiscal year, with the latitude that we gave 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 him, to the program you’re talking about?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
Currently, the critical care hospitals has been paid at thirty days, but this system will be a new system on that to help ‘em to pay the -- you know, they only get forty-one percent of Medicaid costs, so they’re only going to get paid forty-one percent of their money anyway. So these people works at low income, where -- where hospitals and people, like in my district, where -- where -- where it’s low income and not many hospitals there. So, it is very important, and like I said, you know, we know it’s subject to appropriation, but we still got to look and work hard and try to get money for these hospitals ‘cause we don’t need ‘em to close.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Forby, do you wish to close?
Well, I just ask everybody for an Aye vote on this bill. And everybody knows what kind of problems we are in in the State of Illinois. And I -- you know, I think last year we passed a bill out of the Senate that didn’t get passed in the House, and I -- I think if that would’ve happened, we wouldn’t be here today. We’d be paying our bills. So now we’re trying to figure out some way we’re going to pay our bills and this is what this bill is all about. I just appreciate your vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 3264 pass. All those in 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 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 42 voting Aye, 4 voting Nay, 1 voting Present. Senate Bill 3264, having received the required constitutional majority, is hereby declared passed. Senator John Sullivan, 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.
Mr. President, Ladies and Gentlemen, in a few minutes, you’re going to be hearing some music coming up from the Rotunda. And the -- that music is going to be coming from the Quincy Notre Dame Band, who will be performing in the Rotunda here starting in just a few minutes. And if you have the opportunity, I’d like you to stop by and listen to the band. They are a great -- great group of young people. And I -- I don’t believe they’re going to be able to come up to the gallery, but certainly I want to welcome them to Springfield and to the Capitol. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Let’s acknowledge our guests. The Senate will now stand at ease. Oh, I’m sorry. Senator Viverito, for what purpose do you seek recognition?
I thought I had a bill, Mr. President, but at your pleasure, whatever. We’ll call it in a few moments. 117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Viverito, if we can indulge you for a few minutes, we’re going to take leave to go to the Committee on Assignments. You’ll be the first one up. The Senate will now stand at ease for a few minutes to allow the Committee on Assignments to meet. If the members of the Committee on Assignments could please come to the President’s Anteroom immediately. Senator Syverson, for what purpose do you seek recognition?
Mr. President, we would like a ten-minute caucus immediately after Assignments is over. Just to let our Members know to stick around for that.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Very well. The Senate will now stand at ease to allow the Committee on Assignments to meet. After that time -- upon conclusion, the Senate Republicans have requested a ten-minute caucus, and that request is always in order. The Senate will now stand at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senate will come to order. Madam Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Appropriations I Committee - Senate Bill 3847, Senate Bill 3848, Senate Bill 3849, Senate Bill 3850, 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Senate Bill 3853, Senate Bill 3854, Senate Bill 3855, Senate Bill 3856, Senate Bill 3858, Senate Bill 3859, Senate Bill 3861, Senate Bill 3863, Senate Bill 3866, Senate Bill 3868, Senate Bill 3870, Senate Bill 3878, Senate Bill 3879, Senate Bill 3881, Senate Bill 3883, Senate Bill 3884, Senate Bill 3886, Senate Bill 3888, Senate Bill 3890, Senate Bill 3891, Senate Bill 3892, Senate Bill 3893, Senate Bill 3895, Senate Bill 3896, Senate Bill 3899, Senate Bill 3900, Senate Bill 3902, Senate Bill 3906, Senate Bill 3907, Senate Bill 3908, Senate Bill -- 3910, Senate Bill 3911, Senate Bill 3912 and Senate Bill 3922; refer to the Appropriations II Committee - Senate Bill 3851, Senate Bill 3852, Senate Bill 3857, Senate Bill 3860, Senate Bill 3862, Senate Bill 3864, Senate Bill 3865, Senate Bill 3867, Senate Bill 3869, Senate Bill 3871, Senate Bill 3872, Senate Bill 3873, Senate Bill 3874, Senate Bill 3875, Senate Bill 3876, Senate Bill 3877, Senate Bill 3880, Senate Bill 3882, Senate Bill 3885, Senate Bill 3887, Senate Bill 3889, Senate Bill 3894, Senate Bill 3897, Senate Bill 3898, Senate Bill 3901, Senate Bill 3903, Senate Bill 3904, Senate Bill 3905, Senate Bill 3909, Senate Bill 3913, Senate Bill 3914, Senate Bill 3915, Senate Bill 3916, Senate Bill 3917, Senate Bill 3918, Senate Bill 3919, Senate Bill 3920, Senate Bill -- excuse me, Senate Bill 3921 and Senate Bill 3923; refer to the Executive Committee - Floor Amendment 1 to Senate Bill 1055; refer to the Transportation Subcommittee on Red Light Cameras - Floor Amendment 1 to Senate Bill 935; and Be Approved for Consideration - Senate Bill 352, Senate Bill 374, Senate Bill 389, Senate Bill 618, Senate Bill 663, Senate Bill 676, Senate Bill 735, Senate Bill 851, Senate Bill 853, Senate Bill 854 and Senate Bill 1058. 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SCHOENBERG) We will now resume the Order of 3rd Readings. Proceed to page 31 on your Calendar, Senate Bills 3rd Reading, top of the page. Senate Bill 3265. Senator Viverito, as promised. Do you wish to proceed? Gentleman wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 3265. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Viverito.
Thank you, Mr. President. This initiative is the Summit Park District to resolve a tax levy issue related to the extension of the Summit TIF district in the Village of Summit, which is a very, very low-income area. According to the Park District, they were never -- never notified when the TIF district expired. As a result, they did not adjust the tax levy to take in account the increased -- district’s increased assessed valuation. And they want to recapture the loss of revenue. I would hope for a Yes vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Burzynski, for what reason do you rise?
Thank you, Mr. President. Will the sponsor yield for a question? 120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Thank you. Senator Viverito, I just -- I -- I’m sure I heard you say this and, for the life of me, I -- I can’t believe it. Are you sure that a TIF district actually expired?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Viverito.
Yes, it really did expire, thank God. I would…(microphone cutoff)…a Yes vote. Thank you very much.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Viverito, do you wish to close? The question is, shall Senate Bill 3265 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 47 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 3265, having received the required constitutional majority, is hereby declared passed. Senator Lauzen, for what purpose do you seek recognition, sir? We will now proceed on our Calendar to page 33, bottom of the page. Senate Bill 3707. Senator Trotter. Do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 3707. (Secretary reads title of bill) 3rd Reading of the bill. 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Trotter.
Thank you very much, Mr. President and Members of the Senate. Believe we have to adopt an -- an amendment. Is there an amendment? The… Thank you very much. Then Senate Bill 3707, as amended, limits the ability of the Department of Healthcare and Family Services to carry unpaid medical bills from the previous fiscal year into the next fiscal year. The bill allows for a four-month lapse period for all medical bills, instead of the two months that we’ve done previously, and phases down the aggregate amount of the bills the Department may carry into the next fiscal year. Additionally, it requires that at least seventy-five percent of all eligible persons receiving full medical assistance benefits must be enrolled in some sort of managed care program.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Senator Pankau, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Senator, you and I had a discussion yesterday about this bill when you put the amendment on. And I asked you if you would think overnight whether you would consider other reforms. I don’t believe -- I’m going to be voting for this bill and -- 122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 because basically of the Section 25 provisions in there. But I would hate to see anybody - and particularly you or I, who have worked on Medicaid for a while - say that this is in any way Medicaid managed care reform, because it’s not. And I was hoping that you would agree today to maybe add more amendments onto your bill so we could truly come out with a good package. Will you, Senator, take this out of the record and add more amendments to it and really, really, really make it Medicaid reform?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Trotter.
Senator, yes, we did have a -- a good discussion yesterday in committee and -- and I agree with you. This is not full Medicaid managed care as defined by some. It does have managed care reforms in the language. But I do agree, it could go further. We have the - we - the Senate Republicans have the opportunity to bring forth their amendments. I’m going to go forward with this bill, but there are some shell bills out there and I understand that discussions have been held by the President and the Leader that there are some shell bills that he’s more than willing to extend the deadline on to get the language that you are proposing into law.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Pankau.
Senator, would you be amenable early next week to going to the Senate President and asking for a shell bill that you can be the lead sponsor of, if you want to, and let’s put these reform 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 ideas onto a subsequent bill?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Trotter.
Certainly have no problem with that. As -- as I said, I think he’s already made the statement that he will do that. So, yes, but -- and I will do that as you’ve just recommended.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Pankau.
Thank you. Thank you, Senator. To the bill itself.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …bill.
I’m going to be voting for this bill. My main problem with this bill is that it addresses some form of managed -- managed Medicaid care. And that is my problem with it. We don’t define what that form is, some form. I mean, I could fall down somewhere and have -- I could be taken to the hospital for stitches or I could put a Band-Aid on it. In my opinion, what we’re doing here by setting this floor at a level that the administration, at least, already says we exceed, is that we’re putting a Band-Aid on the problem and we’re not really getting down to the problem. We need stitches. We need to fully close the wound that we have with Medicaid. Medicaid is our six- hundred-pound gorilla in our budget. We all know it. Thank you, Senator, and I will take you up on that offer to go to the Senate President with plans for true Medicaid reform. Thank you so much. 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Senator Syverson.
Thank you, Mr. -- President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Senator, in your comments to Senator Pankau, you had mentioned that -- that there are some forms of -- of managed care language in this legislation. What managed care language - - or what -- what changes are there in managed care that’s -- that’s in this legislation?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Trotter.
Specifically, Section 25 liability reform does speak to that issue, one of trying to find how we carry over our debt for programs that we have, our liabilities, and managed care action itself. There are components that we have used in -- previously in our PCCM program, as well as our disease management program, which are forms of managed care, which are addressed in this bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
Thank you. Those sound like payment reforms. There’s no managed -- I guess the question is, what managed care reforms are there in this -- in this legislation? I understand there’s payment reforms. 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Trotter.
And -- and you’re absolutely correct, and I’m sorry. One, this -- this is -- this is not a -- a health care initiative. We are essentially amending the State Finance Act, so -- which is why we’re talking about payment reforms in this particular bill. So, you’re absolutely correct. There is no definitive language defining managed care here. But this will be part of that reform that goes forward. Once we manage our finances, we certainly -- and which is what managed care is all about, a capitated program ensuring that we’re paying a -- a fair amount to achieve the goals of good health care outcomes. So this will ultimately lead to good health care outcomes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
I guess that’s the point I want to make sure we clear. This is a -- this is a payment cycle or a payment reform issue, not when -- we -- we label this and talk about this as being Medicaid reform. What the public or health care providers or the media think is Medicaid reform are the -- are the things that we’ve talked about, are those amendments that were not allowed to be considered. That’s what managed care is. So, this is really reforming or trying to get bills paid. And -- and -- and to that, this says that your -- the first year enacted would limit it to one -- is it one billion dollars, which would be a year from -- this will take effect July 1st of this year, so it would be by June 30th of the following year, we 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 would have to have no more than one billion in payments. Is that -- is that correct?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Trotter.
Correct. And for every year following that, we will have lessened those payments by a hundred and twenty million dollars each year, going for the next ten years. So, by the year 2020, we will be carrying over no liabilities.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
Part of the concern is that this lists it here at -- you know, the first year, which would be a year from now, it would be one -- it would be one billion. But as -- as bad as things are in Illinois and as much as we have in unpaid bills, our Medicaid liability right now, or unpaid, according to the Department, is only around six hundred million dollars. So, as bad as it is right now, this legislation really wouldn’t take effect or have an impact for four or five years, based on the scale that you’ve given. So if unpaid bills are less than that one billion currently, I’m not sure how much of a savings this is going to be or how much of an impact this is going to have, at least in the first few years. Maybe four or five years down the road when that number get smaller, but in the first two years, it’s not going to have a lot of impact on forcing the Department and the administration to -- to pay those bills. Is that -- am I -- is that correct? Am I…
PRESIDING OFFICER: (SENATOR SCHOENBERG) 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Senator Trotter.
Yes, you’re correct in that with -- the number itself is not defined here of what the Department says our liabilities may be. But whatever that number may be, we’ll be down by one hundred and twenty million dollars, because we will make that -- dedicate those dollars to paying down that liability. So whatever the liability is, we’ll be a hundred and twenty million dollars down.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
Lastly - and I -- I appreciate the concept of what you’re doing in this payment reform legislation - I just wish we had the true managed care reforms that we had talked about in 2005 when we had -- when we took the time to bring in the Lewin Group to do the studies and we suggested a number of those changes. If we had had those implemented, you know, the savings would have been this year in excess of a billion dollars, which is enough -- that could have covered all of the education cuts that were being made this year. And I -- and I wish that we could get to the point where we could do real Medicaid reform so this doesn’t continue to crowd out education and other important bills that need to be paid here in Illinois. But I thank you for your work on at least addressing the payment issue.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator -- I’m sorry, Senator Trotter.
128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 To comment. What we have done, ‘cause we’ve had the Medicaid Managed Care Task Force that we’ve been meeting over the past year, we are implementing at least a demonstrative project, as you’re aware, out in the -- the collar counties, dealing with the AABD population. So we are making efforts to go in that direction. So there is -- just to let other Members know that we’re not doing nothing. We have started that program, and that was one of the recommendations from the Lewin Report as well. I know they had outlined some other areas, but we decided we’ll start with this population at -- at least for now.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Senator Righter, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Thank you, Mr. President. Senator Trotter, I want to talk a little bit about the issue of how managed care is defined in the bill. As -- I think we had a discussion about this yesterday in Executive Committee. It’s my understanding that Medicaid -- managed care, excuse me, is defined very broadly and that the ultimate decision maker of whether or not something falls within that definition is going to be the Director of the Department of Healthcare and Family Services. Is that correct?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Trotter. 129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Yes, we’ve given that flexibility to the Director.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Senator Trotter, let me ask you a question. As you know, the Director is someone who was appointed by former Governor Blagojevich in 2003, has presided over by far the largest growth in Medicaid liability in this State’s history since Medicaid was a program here, presided over an expansion which was rejected by the Joint Committee on Administrative Rules and was later ruled illegal by a judge. Do you think he is the one who has the credibility necessary to make that determination?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Trotter.
Yes, I do. I believe that he was working, as you pointed out, at the behest of that Governor. But that doesn’t negate the fact that he is an individual who is very knowledgeable about Medicaid issues and very concerned about the health and welfare of the citizens of the State of Illinois. So, with that, I believe he can use those -- that judgment to make determinations of what -- where we go forward from here.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …bill. 130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010
Thank you. Ladies and Gentlemen of the Senate, I know everyone appreciates that this is a very serious issue. I want to compliment Senator Trotter and whoever has helped him on moving forward the piece of this legislation that has to do with Section 25. I do want to caution everybody here, not just necessarily Members on my side of the aisle, but everyone here, in assuming that by including this provision that’s in Senate Bill 3707 that says that by July 1, 2010, seventy-five percent of all Medicaid enrollees in health plans will be in managed care is some kind of accomplishment, because it’s really not. The Department, Director Maram, will tell you that we’re already at seventy-seven percent. Others would say that that number is at best ten or eleven percent. So you have two options here. You -- if you believe the seventy-seven percent, the Governor’s Office and Director Maram, then this bill is for the preservation of the status quo, because it sets a floor that’s actually less than what we’re doing now. If you choose to believe, I think, the more objective viewpoint that our percentage is much, much lower, then you’re setting it up for failure, because there is no way that we’re going to go from eleven percent to seventy-five percent between now and July 1st. What’s a little bit disappointing, Mr. President, is that we’ve not had to do that. Senator Trotter and I served on a managed care Medicaid task force way back in 2004, six long years ago. The Lewin Report came out and told us that if we implemented a full-scale managed care program that included a capitated program in suburban Cook and the collar counties and the Metro- East, that over the course of five years, just five years, we 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 would save over a billion dollars. That report sat on the shelf gathering dust in Blagojevich – Senator -- I’m sorry, Governor Blagojevich’s Office and now Governor Quinn’s Office. There are a set of amendments that are now still pending in Assignments that would add to what you have characterized, Senator Trotter, as Medicaid reform. Were those implemented back when people here started talking about the need to get this program’s growth under control, there would be another -- hundreds of millions of dollars saved in this program. We heard Governor Quinn stand up two days ago and say the only way to solve our education problems was for a three-billion-dollar tax increase. What he’s not talking about - what far too few people in this building are talking about - is that the crisis in education funding is driven by the crisis in Medicaid growth. You cannot continue to have a program grow at two or two and a half -- times the rate of the rest of the budget and not have it eat alive everything else that we say from these chairs and back in our districts back home that we care about. Last point I want to make - and thank you for your indulgence, Mr. President - we’ve seen other issues come through this Chamber that are serious issues that were driven by our constituents or reform groups who’ve said, you need to change the way you’re doing business here. Those issues have been addressed much like you would fix a floor by throwing a rug over it, by window dressing campaign finance, legislative scholarships, transparency in government. Don’t let Medicaid follow the same path. It will be too expensive to you and to your constituents if we go down that road. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Thank you. The Chair requests we stick to the matter at hand which is Senate Bill 3707 and the Medicaid issue in particular. Is there any further discussion? Senator Lauzen.
Thank you, Mr. President. A question and then just to the bill. Senator, as -- as all of us know, Medicaid spending has practically quadrupled in the last two decades. How much will this reform save – or what’s your anticipation of how much this step will save in Medicaid spending?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Trotter.
I don’t have that answer, sir. This bill specifically is just dealing with our liabilities and how we’ve abused ‘em in the past and trying to -- to bring some kind of new structure in how we do business here in the State of Illinois.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
Thank you very much, Mr. President. Thank you to the sponsor. Certainly that is -- that –- again, it’s -- it’s very laudable. It -- it -- it doesn’t attend to the spending momentum, but it does say we’re really concerned about getting the bills paid on time. To the bill: You know, if we do nothing about the accrual expenses, then to force a payment schedule -- this is talking about the cash flow, but it’s not doing anything about the accrual expense. And, you know, if you don’t do anything about a growing accrual expense, but you try to force it into a cash payment plan, it -- it’s -- it’s good 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 because it’s a form of discipline and I -- I support what you’re doing, but it is like trying to put like ten pounds of trouble into a one-pound bag and that amount of trouble is increasing and we’re trying to shrink the bag. It’s really not the way that we’re going to be able to attend to fundamental reform. So convergence of several significant factors here - our respect for the sponsor and his work with many of us in this Chamber and then the seriousness of the crisis that we all face. I’d like to just suggest a quick solution of a way out of the woods, because we’re trying to solve the budget crisis all together - huge hole. People -- some experts say substantial tax increase. Other people say substantial spending cuts. Other people say, well, it’s got to be a combination of both. I think as the political drama unfolds, I think everybody is going to end up playing, you know, the standard roles that we play. You know, the Republicans will blame the Democrats for tax increase. The Democrats will blame the Republicans for being heartless on spending cuts that shouldn’t be. But in the end, we do have to pay our bills and we have to bring this into line. I would suggest that -- I know that there are people in the Governor’s Office and people in this Chamber who have already taken a very straightforward approach to solving the problem of passing a tax increase - substantial. I disagree with that, but the majority opinion was that’s the way -- one part of the way. And -- and it was a very straightforward action, and -- and I think all of us can respect that. I think that the -- one of the problems is that the Speaker over in the House is not calling that tax increase or any tax increase for a vote. And so then -- and -- because he says, well, the Republicans got a come along with the 134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 tax increase. It’s going to be more likely that more Republicans are going to support a tax increase if they really believe in the spending cut. I voted – gosh, it’s now about ten/twelve years ago, toward the end of the – or, maybe it was - - it was maybe eight years ago - for a five-million-dollar tax and fee increase when I was firmly convinced that there was a five-hundred-million-dollar spending cut. I think that people over in the House are going to see some of that same motivation. If we can get serious about cutting the accrual spending, of aligning Medicaid eligibility with the national average, reforming the pension systems for -- for both future and current employees, and then getting spending flexibility on the federal so-called stimulus money, I think that we get some of those real spending cuts that will then loosen this logjam and help us go forward, as the Governor mentioned in his speech this week that he wanted to do. Just a suggestion for our consideration. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any further discussion? Senator Murphy.
Thank you, Mr. President. To the bill. Let me…
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.
Let me start by commending the sponsor. This Section 25 reform is a reform that our side of the aisle has been pushing for for a number of years. And you have embraced it and are carrying it. This is a good example of the type of 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 bipartisanship that can be engaged in down here when we have a common approach and we can agree on some ideas. This is a good example of ways Democrats and Republicans can work together in Springfield to try and solve some problems, and I appreciate your effort in that regard. I think we need to be careful, though, to not check off the box on Medicaid reform just because of this and say that we’re done, because this doesn’t go nearly far enough for us to consider our work in reforming Medicaid to be done, and, frankly, I suspect my colleague and friend, the sponsor, would even agree in that regard. Specifically in the area of managed care…
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.
Yeah, I’m -- I’m getting there. Specifically in the area of managed care, where we’re going to allow the clearly anti- managed care Director of this agency to define “managed care”, I can’t help but be reminded of the story of the Emperor who had no clothes, preening around completely naked, talking -- bragging about his clothes, having all the people around him saying, “Yeah, your clothes look wonderful, Emperor” - this is not a Rahm Emanuel reference - until one person stood up and said, “Emperor, what are you talking about? You don’t have any clothes. You’re buck naked.” We can say we have seventy-seven percent of the people in managed care. That doesn’t mean they’re really in a managed care capitated program. Calling this program managed care when it’s not, really just changing the name, doesn’t make it managed care. It doesn’t make this aspect of this bill real reform. So, again, I want to commend 136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 you for a good step. The Section 25 reform puts an end date to an abuse of a -- of a -- of a rule and brings some certainty to our -- our fiscal situation. It’s a good bipartisan reform. Just please don’t stop there. As Senator Pankau referenced, there are a lot of other good cost-saving measures that have been out there from the Lewin Group and others for years. Don’t let this be the end of Medicaid reform, ‘cause it’s not enough yet. Thank you very much. I urge an Aye vote on this bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any further discussion? Leader Radogno. Leader Radogno, with fireworks.
Well, thank you, Mr. President. Many of the points have already been made. Obviously, this bill consists of two parts. The one part requiring people to be in managed care. I think a lot of the infirmities of that argument have already been exposed. This really does maintain the status quo. So the main point here is, let’s not fool ourselves into thinking we’ve accomplished managed care. We check that off the list of things that need to happen and then somehow we progress to the step of an income tax increase. This is not managed care reform. There are a number of other amendments that have been filed that do consist of substantive changes. I am hopeful that we will take those up in addition to real managed care reform. The second part of the bill, the Section 25, as has been mentioned, it’s been around for a number of years, at least five years I think. I’ve sponsored it several times. It is a good reform. We actually suggested that the payment period be extended from three to ten years, even though the liabilities are a little 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 less now, because we really do want in a good faith effort to help provide the State with a cash management tool to get rid of that abuse. I think three years would have put too much pressure on the General Revenue Fund. And I appreciate your taking that suggestion. So, the upshot of all this is, however, that we on this side of the aisle do have some very real ideas for reform, and so I hope we don’t hear anymore that -- that we had -- are the party of “no” or that we don’t want to participate when there are good ideas out there and we’ve been talking about ‘em for a number of years. We are more than willing to participate. So, hopefully, we’ll see a continuation of working together and solid ideas for reform coming to fruition next week and in the weeks that follow before we get out of here. So I encourage an Aye vote on this. It’s a step in the right direction, although it is incomplete. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Seeing none, Senator Trotter, to close.
Thank you very much, Mr. President and Members of the General Assembly. I want to thank all of you for your -- your comments, your passionate comments, and -- and -- and I agree with you. I agree with you wholeheartedly, as we have sat in these meetings. I have said many times to my constituents and anyone else who would listen, we can agree on ninety-two percent of the things that we do down here. And it’s that eight percent that sometimes we run into a roadblock and do not do what we need to be doing. I’m glad this is one area that we’ve agreed on that we can do better on and we do need more discussions from 138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 everyone - outside sources. We’ve had NCSL come in. We’ve had – again, we need all of this input, because I think this State deserves better and we can do that. And this is a beginning. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 3707 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, after lengthy and robust debate, there are 49 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3707, having received the required constitutional majority, is hereby declared passed. President Cullerton, for what purpose do you seek recognition, sir?
Just purposes of an announcement. We have a deadline to file amendments for Senate Bills at noon on Monday. We unfortunately were not able to reach an agreement on an Agreed Bill process, so it may be that we’ll be in later in the evening next week than we otherwise would have been. It was a -- an interesting debate on the last bill. Took some time with no No votes, but that’s the process. So we’ll -- we’ll be happy to do that again next week if necessary. But we will be leaving now shortly, but come back at noon on Monday, and we’ll need to have all your amendments in for next week by noon. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 5190. We have receive like Messages on House Bills 5194, 5203, 5217, 5255, 5290, 5322, 5331, 5351, 5357, 5378, 5398, 5410, 5411, 5429, 5437, 5443, 5444, 5458, 5459, 5469, 5477, 5510, 5540, 5664, 5666, 5668, 5669, 5673, 5712, 5728 and -- 5727 and 5728. All passed the House, March 12th, 2010. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR SCHOENBERG) We’ll now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?
No objections have been filed, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. The motion carries. And the resolutions are adopted. On the Order of Resolutions is Senate Joint Resolution 113. Madam Secretary, please read the resolution.
Senate Joint Resolution 113, offered by Senator Clayborne. 140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day 3/12/2010 (Secretary reads SJR No. 113)
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Clayborne moves to suspend the rules for the purpose of immediate consideration and adoption of Senate Joint Resolution 113. Those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the rules are suspended. Senator Clayborne now moves for the adoption of Senate Joint Resolution 113. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. There being no further business to come before the Senate, the Senate now stands adjourned until the hour of 12 noon on the 15th of March, 2010. The Senate now stands adjourned. 141