PRESIDING OFFICER: (SENATOR HENDON) The regular Session of the 96th General Assembly will please come to order. Will all Members please be at their desks? Will our guests in the galleries please rise for the innovation? The invocation today will be given by Pastor Paul J. Olson from St. John’s Lutheran Church, Springfield, Illinois. Pastor Olson.
(Prayer by Pastor Paul J. Olson)
PRESIDING OFFICER: (SENATOR HENDON) Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HENDON) Will all Senators please come to the Senate Floor? Will all administrative assistants please send your Senator to the Senate Floor? We’re about to go to substantial Senate action. And unless you intend to be here over the weekend, we will be moving at the normal pace for me, which -- an accelerated pace for this Chamber. Please come to the Senate Floor. We’re going to 3rd Readings almost immediately. So please come to the Senate Floor. Send your Member -- instruct your Member or find your Member, let them know that we’re going to the Senate Floor immediately. Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Wednesday, March 17th, 2010.
PRESIDING OFFICER: (SENATOR HENDON) 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending the arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has 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 74. Offered by Senator Maloney, and adopted by the House, March 17th, 2010. We have received like Messages on House Joint Resolution 89, offered by Senator Jacobs; House Joint Resolution 92, offered by Senator Hutchinson; House Joint Resolution 104, offered by Senator Steans. All adopted by the House, March 17th, 2010. Mark Mahoney, Clerk of the House. They are substantive, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) House Bills 1st Reading.
House Bill 4723, offered by Senator Althoff. 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 (Secretary reads title of bill) House Bill 4780, offered by Senator Garrett. (Secretary reads title of bill) House Bill 4788, offered by Senator Martinez. (Secretary reads title of bill) House Bill 4818, offered by Senator Bivins. (Secretary reads title of bill) House Bill 5018, offered by Senator Steans. (Secretary reads title of bill) House Bill 5376, offered by Senator Steans. (Secretary reads title of bill) House Bill 5489, offered by Senator Martinez. (Secretary reads title of bill) House Bill 5501, offered by Senator Harmon. (Secretary reads title of bill) House Bill 5765, offered by Senator Forby. (Secretary reads title of bill) House Bill 5790, offered by Senator Lightford. (Secretary reads title of bill) House Bill 5930, offered by Senator Wilhelmi. (Secretary reads title of bill) House Bill 5933, offered by Senator Crotty. (Secretary reads title of bill) House Bill 5976, offered by Senator Hunter. (Secretary reads title of bill) House Bill 6006, offered by Senator Demuzio. (Secretary reads title of bill) House Bill 6132, offered by Senator Luechtefeld. (Secretary reads title of bill) 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 House Bill 6262, offered by Senator Pankau. (Secretary reads title of bill) 1st Reading of these House bills.
PRESIDING OFFICER: (SENATOR HENDON) Please turn your Calendar to page 27 of today’s Calendar. Bottom of page 27. We’re going to Senate Bills 3rd Reading. On the Order of 3rd Reading is Senate Bill 3742. Senator Link. 3742. Senator Link. Madam Secretary, read the bill. Senator Link seeks leave of the Body to return Senate Bill 3742 to the Order of 2nd Reading for purpose of amendment. Is leave granted? Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3742. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. The amendment becomes the bill. I’ll be more than happy to read it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Hultgren. Seeing none, the -- is there any discussion? Seeing none, all in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HENDON) 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Link.
Thank you. Same thing. Just a drafting error and it’d be a part of the 3rd Reading. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it. And the amendment’s adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3742. Madam Secretary, read the bill.
Senate Bill 3742. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. This pertains to the Board of Elections and it establishes/mandates the use for standards for forms of basic objections to instruction forms and to provide for petition challenges. And with the amendments, what it would do is, would take a random check to allow twenty percent challenge of signatures, and if there’s no greater than thirty- five percent, and it would check those so that we don’t have to go through all these long, irrelevant types of objections. It’d 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 save a cost to the taxpayers.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to the bill.
Thank you, Ladies and Gentlemen of the Senate. I simply rise in support of Senate Bill 3742, as amended. Senator Link’s bill does seek to curb an -- a problem of abuse with regards to the challenging of petitions. I think the language reflects a - - a fair balance between making sure that legitimate challenges to petitions are allowed to go forward without the abuse that we’ve seen in some instances in the past. I urge an Aye vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall Senate Bill 3742… All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 3742, having received the required constitutional majority, is declared passed. Senator Collins, for what purpose do you seek recognition?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point. 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Thank you, Mr. President and Members of the Chamber. I would like to welcome today the eighth -- seventh and eighth graders from my parish, St. Sabina. They’re in the President’s Gallery. They’ve been joined by their teachers, Ms. Hodo and Reverend Sylvester Johnson. I’m sure they’re going to be excited today about the activities on the Floor. So please give them a warm welcome to the Illinois General Assembly.
PRESIDING OFFICER: (SENATOR HENDON) Will the guests please rise? Welcome to the Illinois General Assembly. Welcome. Senator Koehler, for what purpose do you seek recognition, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
With me today is Jade -- Jade Metzler. She is a student at Pekin High School. She’s going to be my Page for the Day. She’s a senior, but she’s planning on going into biology next year at Bradley University, in the great Peoria institution. So please welcome Jade to the Senate, if you would.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, Jade. Give her a big hand. Welcome. Senator Hultgren, for what purpose do you seek recognition, sir?
Point of personal privilege, please.
PRESIDING OFFICER: (SENATOR HENDON) 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 State your point, Senator.
I am also very honored to have a Page with me today. Veronica De Kruiff is from Naperville, Illinois. She’s an eighth grader at Lincoln -- Middle School and -- Lincoln Junior High in Naperville. She’s going to be going to Naperville Central next year. Very interested in government. And I’m very glad to have Veronica here. Would ask if the Body could please give her a warm welcome to Springfield.
PRESIDING OFFICER: (SENATOR HENDON) Let’s welcome the young lady to the Illinois Senate. Welcome to Springfield. Senator Dahl, for what purpose do you seek recognition, sir?
Moment of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Go right ahead, Senator.
Thank you. I also have a Page today. With me today is Gracie McCormick. She’s a -- she is a third grader at Washington School in Peru and has been very interested in politics. In fact, when I first ran, she was one of the poster childs {sic} on one of the -- one of the mailers we had way back then and she was just a little bitty two-year-old at the time. So, Gracie, and her dad, John, is up here in the -- in the gallery behind us. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests in the gallery please rise? Welcome to the Illinois Senate. Welcome, young lady, to the Illinois Senate. 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Top of page 28. Senate Bill 3743. Senator Radogno. Madam Secretary, read the bill. Senator Radogno seeks leave of the Body to return Senate Bill 3743 to the Order of 2nd Reading for the purpose of amendment. Is leave granted? Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3743. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Radogno.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno, to explain your amendment.
Thank you. The amendment addresses some concerns that were raised when the bill was initially presented in committee, and I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall Floor Amendment No. 2 be adopted. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3743. Madam Secretary, read the bill.
Senate Bill 3743. (Secretary reads title of bill) 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Leader Radogno.
Thank you, Mr. President. This bill adjusts the rates for long term acute care hospitals so that Medicaid patients are able to access the services that they provide. Currently, they are often cared for in acute care hospitals in the ICU, which is very expensive. So this should result in both better quality care as well as lower rates for the State. And I would be happy to try to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3743 pass. All those in favor will vote Aye. All opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 3743, having received the required constitutional majority, is declared passed. Senate Bill 3749. Senator Wilhelmi. Madam Secretary, read the bill.
Senate Bill 3749. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senate. Senate Bill 3749 would allow county recorders to charge fees for non-certified copies of records, up to one-half the amount they are already allowed to charge for certified copies. This is an initiative of the Illinois Association of County Clerks and Recorders. I want to thank Senator Althoff for the clarification in committee. I know of no opposition and I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Dahl.
Thank you, Mr. President. To the bill: For those of you that are -- are concerned, this is a fee. It is something Senator Wilhelmi said that’s been done in the past and the -- the FOIA kind of messed it up and now they’re going back so they can charge this again. But for those that are concerned, this - - this is a fee.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, Senator Wilhelmi, to close - briefly.
I ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 3749 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 voting Aye, 8 voting Nay, none voting Present. Senate Bill 3749, having received the required constitutional majority, is declared passed. Senate Bill 3762. Senator -- Senator 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Schoenberg. Senator Schoenberg seeks leave of the Body to return Senate Bill 3762 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is grant? Leave is granted. Now on the -- now on the Order of 2nd Reading is Senate Bill 3762. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 2, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 2 to Senate Bill 3762 reinserts the original bill content and makes some technical changes to the underlying language that were requested by the agencies that would be in charge of implementing this. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Are there any questions? Any discussion? Seeing none, all those in favor of the amendment will vote Aye. Opposed, vote Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3762. Madam Secretary, read the bill.
Senate Bill 3762. 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) The Chair would appreciate succinct descriptions of your legislation and succinct discussion. Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. You may recall, in October in the Veto Session, we passed a -- a Medicaid reimbursement maximization bill that will net us over a billion dollars. Here’s the 2.0 version of that. Working with all the agencies impacted, it could bring in an estimated two hundred and seventy three to three hundred and ninety million in new federal Medicaid money as a result of capturing the increased reimbursement rate. I’d be happy to answer any questions. I expect this bill will undergo additional revision in the House to drive that number higher.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3762 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 1 voting Nay, none voting Present. Senate Bill 3762, having received the required constitutional majority, is declared passed. 3768. Senator Kotowski. Out of the record. 3776. Senator Schoenberg. 3776, sir. Madam Secretary -- Senator Schoenberg seeks leave of -- leave of the Body to return Senate Bill 3776 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted? Leave is granted. Now on the 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Order of 2nd Reading is Senate Bill 3776. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, to explain your amendment.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 is a technical change that was requested by Enrolling and Engrossing. Be happy to answer any questions. Urge its adoption.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, all those in favor of adopting Amendment No. 1 will vote Aye. Opposed, vote Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3776. Madam Secretary, read the bill.
Senate Bill 3776. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senate. Senate Bill 3776 will help us remedy the unfunded pension liability by creating a trigger mechanism for our schedule of payments, so that when revenues are more robust and the economy is doing better, we will -- it -- there’s a formula that automatically triggers more money going to pay down our unfunded pension liability. I’d be happy to -- answer any questions on the particular, but I think this is a change that was long overdue from the ’95 law.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Righter.
Thank you, Mr. President. Simply rise in support of Senate Bill 3776. It did pass out of the Executive Committee unanimously, and I urge an Aye vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 3776 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 3776, having received the required constitutional majority, is declared passed. Senator DeLeo, for what purpose do you seek recognition, sir? SENATOR DeLEO: Thank you very much, Mr. President. For purposes of an announcement, please.
PRESIDING OFFICER: (SENATOR HENDON) Go ahead and make your announcement, Senator. SENATOR DeLEO: 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Thank you very much. If I could have the Members’ attention for just a short moment. The President has just asked me to make this announcement, updating everybody on the schedule for the next forty-eight hours. It’s the intention of the President that this Body will work on 3rd Readings till the hour of 6 p.m. today. There will be no Session on Friday, May -- March 19th, and we’ll return back here on Tuesday. So we will work to the hour of 6 o’clock or if we get through with 3rd Readings, whatever comes first. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. It is the intention of the Presiding Officer to get us out of here well before 6 o’clock. So, be aware, we will be out of here. Senator Trotter, on 3778. Senator Trotter. Madam Secretary, read the bill.
Senate Bill 3778. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Thank you very much, Mr. President, Members of the Senate. 3778 amends the Chicago Park District Act and the Illinois International Port District Act. It enlarges Chicago Park District by allowing the Illinois National {sic} Port District to transfer a forty-acre parcel of land near Lake Calumet to the Park District. The land is -- at present is not being used for any maritime activities and this expedites that transfer.
PRESIDING OFFICER: (SENATOR HENDON) 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He will -- he will yield for a few questions. Senator Righter.
Thank you, Mr. President. Senator Trotter, this bill passed through Executive Committee and you and I had a discussion then about whether or not the International Port District had -- had any communication with you over this issue. I think, at that time, you advised me that they had not with regards to this specific bill. Has that changed?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
No, it has not.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Senator, you characterized in your opening statement that this will allow the property to be transferred. Isn’t -- I mean, it will allow it, but it allows it because State law is going to force the transfer. Is that -- is that not accurate?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Well, force is a pretty powerful word. How -- it does, in fact, allow them to do so. The State of Illinois, along with 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the City of Chicago, conveyed this land to the Port District back in 1957 to be used for maritime activities. Since that time, nothing has happened - no development, no usage. The State and the City of Chicago, at this point in time, is just more or less taking the land back.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
The -- you’re right. Force is a strong word, so let’s use the word you’ve got in the bill, “shall”, which is a mandate. The law currently allows these two entities to come together in an intergovernmental agreement and make some kind of swap. Why is that not an appropriate setting to allow this to stand? In other words, why not let these two entities work it out rather than have Springfield say you’re going to transfer this property?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Because those conversations just have never come to fruition. An attempt by the City of Chicago and by the Chicago Park District has been made repeatedly to the Port District and they have not come to the table. So this language, again, says if they refuse to talk, then we shall have them take the land.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to the bill.
Thank you, Mr. President. Ladies and Gentlemen of the Chamber, I appreciate what Senator Trotter is doing here, but 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 think about the precedent you’re setting here. Two units of government are allowed to negotiate and decide if there’s going to be a land transfer and, if there’s going to be, what those conditions would be. Senator Trotter himself just said, listen, the talks aren’t going the right way. So we here in Springfield are going to say this land shall be conveyed and, in fact, in the bill it says “as soon as possible” - not at the parties’ mutual convenience, but as soon as possible. While you may not care about this issue and it doesn’t pertain to your district, if this is acceptable practice in Springfield, then next time it may be something in your district. It may be a piece of -- parcel of property that you care about or that your constituents care about. I don’t think this is what Springfield has any business doing. I would urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. Question is, shall Senate Bill 3778 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 38 voting Aye, 18 voting Nay, none voting Present. Senate Bill 3778, having received the required constitutional majority, is declared passed. Senate Bill 3786. Senator Wilhelmi. Out of the record. Senate Bill 3796. President Cullerton. Out of the record. Senate Bill 3816. Senator Demuzio. Senator Demuzio seeks leave of the Body to return Senate Bill 3816 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3816. Madam Secretary, are there any amendments approved for consideration? 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Floor Amendment 2, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, thank you, Mr. President, Members of the Senate. Floor Amendment 2 restricts the tax credit to be claimed -- one time only on retrofitting of properties and amends the Illinois Income Tax Code, and I ask to have that added.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion on the amendment? Hearing -- hearing none, the question is, shall Senate Amendment No. 2 be approved. All those in favor, vote Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3816. Madam Secretary, read the bill.
Senate Bill 3816. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, thank you, Mr. President. Senate Bill 3816 creates a tax credit of up to one thousand dollars for the retrofitting of 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the primary residence of a disabled veteran in order to accommodate their disability. This tax credit can be claimed one time only by an eligible taxpayer. The Department of Veterans’ Affairs will establish eligibility.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3816 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 3816, having received the required constitutional majority, is declared passed. Senate Bill 3822. Senator Steans. Out of the record. Senate Bill… Going to go back to page -- page 11. Senate Bill 120. Senator Harmon. 120. Out of the record. Senate Bill 176. Senator Harmon. Out of the record. Senate Bill -- 352. Senator Clayborne. Leader Clayborne. Madam Secretary -- Senator Clayborne seeks leave of the Body to return Senate Bill 352 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 352. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Yes, I’d be more than happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 352. Madam Secretary, read the bill.
Senate Bill 352. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. President. Senate Bill 352, then, with the amendment, amends the riverfront -- River’s Edge Redevelopment {sic} Act and it creates a riverfront fund for development in the East St. Louis riverfront. It’s basically similar to the intermodal fund that was created last year by one of my colleagues, A.J. Wilhelmi. Any job created will allow the city to get up to three million dollars annually in deference of income tax on the jobs created - for new jobs - in order to invest back into the East St. Louis riverfront.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Leader. Is there any discussion? There is now. Senator McCarter. There was no discussion until you continued talking. I want to point that out to everybody. Senator 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 McCarter. SENATOR McCARTER: A question of the sponsor, please.
PRESIDING OFFICER: (SENATOR HENDON) He will take a question. Senator McCarter. A question, correct. Senator McCarter. SENATOR McCARTER: Senator Clayborne, if -- if you could help us, I know that part of this is going to somehow produce jobs during some tough times here. Can you tell us how that’s going to happen?
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
They -- yes, they have several projects in the working and they are short of some cash. So, what will happen is, the new jobs created, the State would forgo the income tax on those jobs and will go into a fund to create money for development.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. SENATOR McCARTER: Yes, are -- are you -- are you in a position to tell us what kind of jobs these would produce?
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Yes. Actually, they’re looking -- one of the projects, they’re looking to build one of the largest inland ports in the United States.
PRESIDING OFFICER: (SENATOR HENDON) 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator McCarter, to the bill, sir. SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir. Thank you. SENATOR McCARTER: Okay. Well, I -- I -- you know, we’re all for jobs and I’m -- I’m supportive of -- of this project, just as you are, but I -- I guess I -- I did have one more question, and if -- you can address it, if you like, and that is, how the -- the money flow will go. And you say this is going to be a -- this is not money that is coming out of the general fund. This is actually -- taxable income revenue that will be set aside in a separate fund, as I understand it.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, to answer the question and to close.
Yes, this -- the -- the fund -- the money that will go into this fund will only come from new jobs created on the riverfront. And I would ask -- I would ask -- just like the intermodal and the Ford Motor Company project. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 352 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 352, having received the required constitutional majority, 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 is declared passed. Senate Bill 370. President Cullerton. Out of the record. Senate Bill 374. Senator Raoul. Madam Secretary, read the bill. Recall. Senator Raoul seeks leave of the Body to return Senate Bill 374 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted? Leave is granted. Now on the Order of 2nd Reading is Senate Bill 374. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, on your amendment.
Floor Amendment 1 deletes all and becomes the bill. I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, vote Aye. Opposed, vote Nay. The Ayes have it. The amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 374. Madam Secretary, read the bill.
Senate Bill 374. (Secretary reads title of bill) 3rd Reading of the bill. 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President. Senate Bill 374 is similar to Senate Bill 414, which I held to address some of the concerns raised by Senator Sullivan, Senators {sic} Althoff. It creates the Housing Plus Transportation Affordability Index for State agencies as a tool for development of plans in Metropolitan Planning Organization areas.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Bomke.
Thank you, Mr. President. I simply want to commend the Senator for taking this out of the record a year ago when there were a number of questions on the bill. There may be some that aren’t satisfied with the answers we got. I was, and -- and I do appreciate it. And -- and I will be voting in favor of it.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you. Would the sponsor yield for a couple of questions, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Dillard.
Thank you. Senator Raoul, do you view this as an antigrowth bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul. 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
No.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Senator Raoul, does this possibly take us down the path of having growth tied to the views of environmentalists and State planners, rather than having individuals allow themselves the freedom with regard to where they want to build a home or open a business?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
No -- no, I don’t believe so. What -- what this does is, indicates that transportation costs is one of many factors that should be considered in making decisions in -- in -- in public investment and -- and development.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard, are -- is that sufficient? Can you go to the bill, sir?
Well, this is a pretty important bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
If you represent a suburban area, you better pay attention here. On page 5, Senator Raoul, it says, quote, “Nothing in this Act shall reduce or divert funds away from areas not located in a Metropolitan Planning Organization area.” Does 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 that mean, within an MPO, that you can take money and divert it from, say, Senator Noland’s area or Senator Garrett’s area or some of the south suburban Cook County guys and move it all to the City of Chicago?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
No. That -- that phrase was put in there simply to address the concerns raised by Members from different parts of the State. Again, all this bill does is say that the transportation costs shall be taken into consideration as one factor amongst many in development decisions. It doesn’t compel anybody to do anything other than that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Last question, Mr. President. So, Senator Raoul, is it possible that the suburbs will have money sucked out of them to go to, say, the Chicago Transit Authority because somebody, some intellectual, thinks that because there’s a heavy concentration of mass transit infrastructure there that we shouldn’t build the STAR Line through Kane County or something like that? I -- what I’m worried about is, you know, can you take suburban money and divert it to Chicago under this plan?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
I -- I don’t know that this -- this factor does that any -- anymore than that can be done today. This is just one factor 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 amongst many. That doesn’t compel - again, doesn’t compel - anybody to do anything but consider this as one factor amongst many.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard, your -- your light is not lit, but I’m going to just give you opportunity to speak to the bill, sir.
Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard, to the bill.
To -- to the bill: You know, for those of us who come from -- in those MPO areas, an area -- and I know Senator Raoul’s intentions are good here, but you know, I think those of us who represent the suburban areas need to be very, very careful of this legislation. And, you know, while Senator Raoul, I know, is a fair and good friend and somebody who cares all about the metropolitan Chicago area, I think this legislation, if you represent a suburban area - you know, from Elgin to Lake County to DuPage County, especially Kane County - this is a very bad bill and will cost your residents a lot of money over time. And I’d urge a No or a Present vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Question of -- question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicate he will yield for a question. Senator Jacobs.
29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 I would just like to follow up on my colleague’s point. Will -- will your bill siphon money out of downstate and send it to the suburbs, like we’re doing on the capital bill by them not -- by them not participating in the video poker?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
No, it won’t.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 374 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 34 voting Aye, 20 voting Nay, 1 voting Present. Senate Bill 374, having received the required constitutional majority, is declared passed. Senate Bill 375. Senator Kotowski. Senator Kotowski, sir. Out of the record. Senate Bill 377. Senator Raoul. Senator Raoul seeks leave of the Body to return Senate Bill 377 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 377. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 2, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Floor Amendment 2 deletes all and becomes the bill. I’ll explain it on 3rd. 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 377. Madam Secretary, read the bill.
Senate Bill 377. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President. Senate Bill 377, as amended, provides for the joint nomination of the Governor and the Lieutenant Governor, beginning with the 2014 election in the primary election.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, all those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 377, having received the required constitutional majority, is declared passed. Senate Bill 381. Senator Garrett. Out of the 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 record. Senate Bill 387. Senator Martinez. Senator Martinez. Madam Secretary, read the bill. Senator Martinez seeks leave of the Body to return Senate Bill 387 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 387. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez, on your amendment.
Thank you, Mr. President, Members of the Senate. This amends the State Employment Records Act and I’ll be happy to debate it further on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 387. Madam Secretary, read the bill.
Senate Bill 387. (Secretary reads title of bill) 3rd Reading of the bill. 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. Senate Bill 387 amends the State Employment Records Act to require each executive branch constitutional office {sic} (officer), each State university, each community college under the jurisdiction of the Illinois Community College (Board) and the Illinois Tollways {sic} (Toll) Highway Authority to comply with certain provisions of the Hispanic Employment Plan. The provisions of the Hispanic Employment Plan required under this bill compel agencies to report activities implementing its strategies and programs, and its progress, in the hiring and promotion of Hispanics and bilingual persons at the supervisory, technical, professional, and managerial levels. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 387 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 287 {sic}, having received the required constitutional majority, is declared passed. Senate Bill 388. Senator Wilhelmi. Out of the record. Senate Bill 389. Senator Demuzio. Senator Demuzio seeks leave of the Body to return Senate Bill 389 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Bill 389. Madam Secretary, are there any -- amendments approved for consideration?
Floor Amendment 1, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, thank you, Mr. President, Members of the Senate. Floor Amendment 1 to -- Senate Bill 389 actually becomes the bill and it provides that all persons who have been honorably discharged from the U.S. Armed Forces, who -- and have been awarded the Afghan or Iraqi campaign medal after September 11th, 2001, are deemed to have met the collegiate educational requirements for the State Police.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor - - this is on the amendment, Senator Righter. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 389. Madam Secretary, read the bill.
Senate Bill 389. (Secretary reads title of bill) 3rd Reading of the bill. 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, again, the -- Senate Bill 389 provides that -- the educational requirements for the State Police if they have served in the Iraqi or Afghan conflicts.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Righter.
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield for a few questions. Senator Righter.
Senator Demuzio, talk to me about the connection that you believe exits between serving in the military in the Middle East and qualifications for a law enforcement position. And -- and - - and, as you well know, I’m asking that question in the context of the current Director of the State Police, which that has been some issue, and whether or not you would view this as an attempt to put a marker out there and say, well, the -- the Governor’s current director is -- is -- is okay, at least in -- with regards to this experience question, because the General Assembly passed this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, thank you, Senator Righter. This bill has been passed out of the Senate here twice, back in the General -- 95th and 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the 96th General Assembly. Actually has nothing to do with the current position of the Illinois State Police Director. This legislation came about as the Trooper’s Lodge was involved with a young man -- it came to my attention that we had a young man that lost his life in Afghanistan. And his dream was to become an Illinois State Policeman. And upon that death, the Trooper’s Lodge brought this legislation to me to actually see if there was something that they could not help that family with or other families, that once upon return from the service, that these young men and women would be able to have an educational opportunity to go into -- from their service into -- into a college. There is really -- since then, there’s no correlation between what you’re asking, I believe, as to the Director of the Illinois State Police versus this legislation.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Senator, what -- what you articulated there was trying to provide an opportunity for a veteran to move into an educational setting. But this bill doesn’t have anything to do with that. This bill says that the service satisfies the educational requirements that would otherwise be required of an individual in order to get into the State Police. So, I mean, I want to make sure that we’re clear here. What is the connection between the service that you’ve outlined in the bill and law enforcement duties here in Illinois?
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Thank you, Senator. You know, many of our young men and women have to -- cut short their educational requirements to go -- they decide to go into the service. And so what this would do is to, basically, upon going into and -- and making application for the State Police, the -- there would be -- they would look at this and look at their educational requirements and give -- this bill would allow them to have basically a -- a little more advantage to be able to get in.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to the bill, sir.
Last question, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Another question. Senator Righter.
Thank you. Senator Demuzio, the -- okay. That -- that’s a -- that’s a legitimate point about cutting off education to go serve our country. Is there anything in the bill that requires that the individual have started down that road at all with regards to an education towards a law enforcement degree?
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
No, it doesn’t. It doesn’t state that, but, again, if -- if a young man -- man or woman wants to -- to make the application and they have started down that road, this is a -- a vehicle for them to do so.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen. 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Thank you very much, Mr. President. My understanding now of this bill just distresses me. A question for the sponsor. Is there a requirement in order to go to the State Police that you have -- have completed higher education?
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes. Two years or {sic} law enforcement…
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
And what this is doing is it’s saying, no, you don’t have to go according to the requirements.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
This is basically amending the requirements. We’re not saying no, but we are saying that this does amend the requirements; that if a young man or woman -- a young man or -- or a woman would care to go into the State Police, they would be looking at their Afghan or their Iraqi military experience.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you, Mr. President. To the bill: I certainly have enormous and deepest respect for anyone who serves in the military and puts themselves in harms way on behalf of the rest of us. Many of us in this Chamber have family members who are 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 doing exactly that. The last people in our society who want an exception to the rules are the people who put themselves on the line for the good of our country. I just don’t understand why we would go in this direction. What -- this -- the men and women who serve in our military take the harder way, have the backbone to make ultimate sacrifice for our country. They don’t want us making shortcuts for ‘em. The honor in their service is that they do it the right way, that the rest of us live up to their example, not that we have to coddle, of all people in our society, from a two-year higher education requirement. I say keep it in place. Honor their service and their example by continuing to follow the rules.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Maloney.
Thank you, Mr. President. Just a quick question for the sponsor, please.
PRESIDING OFFICER: (SENATOR HENDON) For one question, quick question, for the sponsor. Senator Maloney.
Senator, could you please tell me what the current educational requirement is for the State Police?
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Two years or a criminal justice.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney. 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Does the two years -- is -- just two years of college credit or is it a completion of an associate’s degree?
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Two years of law enforcement studies.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bivins.
Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) The sponsor will yield for a question. Senator Bivins.
Do you know, in the State Police application process, do they award points for military service already?
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, sir. Yes, Senator. They’re -- they’re required to by law to give them credit. And…
PRESIDING OFFICER: (SENATOR HENDON) Senator -- this is -- Senator Demuzio, to close.
Again, I would like to point out that this bill passed out of the Chamber with no dissenting votes last -- in the 96th Chamber {sic}. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 389 pass. All those in 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 38 voting Aye, 9 voting Nay, 3 voting Present. Senate Bill 389, having received the required constitutional majority, is declared passed. I want to point out to the Chamber we spent fifteen minutes on that bill because it was dealing with our brave men and women in the military. We will not spend that much time on any other legislation today. I promise you. Senate Bill 416. Senator Trotter. Senator Trotter, 416, sir? 416. Out of the record. Senate Bill 422. Senator Lightford. Lightford. Out of the record. Senate Bill 427. Senator Clayborne. Senator Clayborne, sir. Leader Clayborne? Out of the record. Senate Bill 448. Senator Sullivan. Senator Sullivan seeks leave of the Body to return Senate Bill 448 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 448. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan, to explain your amendment, sir.
The amendment becomes the bill. I’ll discuss it on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 448. Madam Secretary, read the bill.
Senate Bill 448. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. The bill corrects a technical problem identified by DNR and the Comptroller’s Office. We basically did a double transfer of funds out of six different DNR funds. We did it through two different pieces of legislation. So what we’re doing is correcting it and basically retransferring the money back in that was -- already been addressed. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 448 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take - will someone vote the -- thank you - the record. There - - on this measure, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 448, having received the required constitutional majority, is declared passed. Senator 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Martinez, for what -- please take the Senator’s light off, please, someone. Senate Bill 455. Senator Harmon. Senator Harmon. Out of the record. Senate Bill 459. Senator Harmon. Madam Secretary -- Senator Harmon seeks leave of the Body to return Senate Bill 459 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 459. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, on your amendment.
Thank you, Mr. President. The amendment becomes the bill. I move for its adoption and will…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 459. Madam Secretary, read the bill.
Senate Bill 459. (Secretary reads title of bill) 3rd Reading of the bill. 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 459 would integrate the use tax return with your 1040 income tax return and provide a tax amnesty program for folks who want to pay their use tax from past years. Not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 459 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 459, having received the required constitutional majority, is declared passed. Senate Bill 483. Senator Garrett. 483. Out of the record. Senate Bill 489. Senator Noland. Senator Noland seeks leave of the Body to return Senate Bill 489 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 489. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Noland.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, on Amendment No. 1.
Thank you, Mr. President. The amendment becomes the bill. 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Glad to read it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 489. Madam Secretary, read the bill.
Senate Bill 489. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President. Senate Bill 489, as amended, creates the venture capital tax credit. Taxpayers who invest in companies that are located in an enterprise zone, River’s {sic} (River) Edge Redevelopment Zone, federally designated Foreign -- Foreign Trade Zone; male- {sic} (minority-) or female-owned business; less than four years old; engaged in manufacturing; engaged in making products, services, or operations that encourage conservation of water, energy, or both, would qualify. If the company meets one of the requirements, taxpayer would get a credit of equal to ten percent of the investment. If the company meets two or more of the requirements, taxpayer would 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 get a credit equal to twenty percent of the investment. Happy to take any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator McCarter. McCarter. SENATOR McCARTER: Question -- question of the sponsor, please.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator Noland, we -- we -- we mentioned this in the committee a little bit, but I -- I still don’t understand. Do we have -- is there any language in this bill that assures us that a person that takes advantage of this tax credit can’t as well take advantage of, say, one of the other five tax credits that we’ve passed out of…
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland. SENATOR McCARTER: …out of the Senate.
Thank you, Senator McCarter. No, there is no guarantee of that. But I would say that the magnitudes in scale as between the two credits are not comparable.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. SENATOR McCARTER: I -- I don’t understand what that means. They’re not comparable - what does that mean?
PRESIDING OFFICER: (SENATOR HENDON) 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Noland.
That means, in one instance, you’re talking about a tax credit of between five hundred and a thousand dollars on average between the tax credits you alluded to, and in this bill, we’re talking about tens of thousands, if not millions, of dollars.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator McCarter. SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir. SENATOR McCARTER: You know, I think we’re all, especially myself -- I’m doing everything I can to produce jobs in this State, and I think we all want to encourage new jobs because of it being the best revenue stream we can find. And -- and we’re all -- and -- and, obviously, that’s our goal because we’ve got so many pieces of legislation out here that are dealing with tax credits. But -- I mean, I think we -- we perhaps should be very careful that we don’t get ahead of ourself and start stacking these credits. And I’m not sure that the law -- the way this is presented will keep that from happening. So I’m -- I’m hoping that if this -- when this gets to the House, that this can be addressed, and I’d like to ask you if you would simply address that when it does get to the House. Thank you very much.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, to close.
47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Thank you, Senator. I will certainly be -- be open to that. I would just simply say that this is a bill that’s business friendly. It’s going to attract much business to the State of Illinois in a time of a down economy. If you’re pro- business, this bill is for you. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 489 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 489, having received the required constitutional majority, is declared passed. Unanimously, I might add. Senate Bill 546. President Cullerton. Out of the record. Senate Bill 550. Senator DeLeo. Senator DeLeo seeks leave of the Body to return Senate Bill 550 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 550. Madam Secretary, are - - have there been any Floor -- any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator DeLeo.
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo, on your amendment, sir. SENATOR DeLEO: Thank you. I’d ask the -- to adopt Floor Amendment No. 1 to Senate Bill 550. Floor Amendment No. 1 becomes the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 550. Madam Secretary, read the bill.
Senate Bill 550. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 550, as amended, amends the Chicago Police and Firefighter’s Pension Code. It allows the ten years of transfer from one service to the other service. What this is, it’s for one individual. This woman was with the Chicago Fire Department for ten years and now, for the last seventeen years, she’s been a Chicago police officer, and we’re allowing her to transfer her credit.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Lauzen.
A question for the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield for a question. Senator Lauzen. 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
In these two plans, are they the same benefits and the same contributions? Is it just a matter of service being transferred or is there a kick up in benefits or any kind of reduction in contribution?
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo. SENATOR DeLEO: I don’t know. But I can tell you from what I understand, there is no pension impact, is what I’ve been told, and if there is, the employee will make his or her contribution. And I don’t know -- Senator Lauzen, I don’t know what the pension benefits were at the Chicago Fire Department and if it’s the same seventeen years later at the Chicago Police Department. I can’t answer if it’s a -- ‘cause those years of service with the Chicago Police Department would have changed her pension scale.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Pankau.
Senator, this week DuPage Mayors and Managers was -- was down here and they pounded us pretty hard about the increased -- in benefits -- in pension payments that the municipalities are having to make, forty and fifty percent increases because of all the little increases over time that we have done down here in 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Springfield. Is there any chance that this would apply to anybody else or any place else other than the one situation you mentioned?
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo. SENATOR DeLEO: No, Senator. Thank you. I’m glad you brought up that point. We met with the same group of mayors and we understand their concerns and actually we’re working on legislation to give them some relief. This is totally different.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 550 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 4 voting Nay, 1 voting Present. Senate Bill 550, having received the required constitutional majority, is declared passed. Senate Bill 580. Senator Cronin. 580, sir. Out of the record. Senate Bill 603. Senator Haine. 603, sir. Out of the record. Senate Bill 615. Senator Holmes. Senator Holmes seeks leave of the Body to return Senate Bill 615 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 615. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Holmes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes. 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Yes, thank you, Mr. President. Senate Amendment 1 becomes the bill. The legislation actually creates a farm to school database established by the Department of Agriculture to facilitate the purchase of fresh produce and food products by schools.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 615. Madam Secretary, read the bill.
Senate Bill 615. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
I would just ask support…
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 She indicates she will yield. Senator Jones.
Real briefly, Senator Holmes. In committee, we had some concerns and -- and we still do, on our side of the aisle especially. But it says that the requirement of the Department is -- to establish the database and make it available on its website only becomes effective once the Department has secured all of the additional federal or State funding that is needed for the program. And -- and I don’t think you could answer where that money was going to come from, but you also kind of hinted around that it might, at some point in time, come out of the General Revenue Fund and that’s why we opposed it.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
We understand right now that obviously the State is facing serious financial concerns and we did not want to place this as a mandate on the Department of Agriculture. What we’re really working with are local farmers. We’ve worked with the Association of Farmers’ Markets. We’re working with local groups to -- actually have this program be instituted not by requiring State funds.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall Senate Bill 615 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 39 voting Yea, 16 voting Nay, none voting Present. Senate Bill 615, having received the required 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 constitutional majority, is declared passed. Senate Bill 618. Senator Sullivan. Out of the record. Top of page 13, Ladies and Gentlemen. Senate Bill 619. Senate -- President Cullerton. Out of the record. Senate Bill 620. Senator Noland. 620. Out of the record. Senate Bill 621. Senator Cullerton. Out of the record. Senate Bill 655. Senator Lightford. Lightford. Out of the record. Senate Bill 663. Senator Demuzio. 663, ma’am. Senator Demuzio seeks leave of the Body to return Senate Bill 663 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 663. Have -- Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, Senate -- thank you, Mr. President, Members of the Senate. Senate Amendment 1 deletes all and becomes the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio, on Amendment 2.
54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Thank you, Mr. President. Senate Amendment 2 just changes the date on the -- the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 663. Madam Secretary, read the bill.
Senate Bill 663. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, thank you, Mr. President. Senate Bill 663 increases the maximum lifetime benefit limit for the Comprehensive Health Insurance Plan, better know as CHIP, from two million to five million. Under current law, the two million lifetime benefit will sunset to 1.5 million in August. We have a number - basically seven individuals across the State that this affects.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 663 pass. All those in favor, vote Aye. Opposed, vote Nay. Voting is open. Have all voted who wish? 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, 6 voting Nay, none voting Present. Senate Bill 663, having received the required constitutional majority, is declared passed. Senate Bill 676. Senator Maloney. Madam Secretary -- Senator Maloney seeks leave of the Body to return Senate Bill 676 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 676. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Maloney.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. The amendment becomes the bill. I’d be happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, vote -- will say Aye. Opposed, say Nay. The -- the Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 676. Madam Secretary, read the bill.
Senate Bill 676. 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. Last year we passed legislation in this Chamber that became law dealing with a special alert system in which people could voluntarily indicate whether their -- a member of their household had autism or some other ailment or problem that the police would be aware of prior to their -- to their going to -- responding to a call. A follow-up bill dealt with training for police and fire departments relative to dealing with people with autism. There was a lot of misinformation out there. What this bill does is require the development of training programs for firefighters and emergency medical technicians in identifying and interacting with people with autism. The -- the question was asked in committee by Senator Syverson relative to other states doing this and we do - - there are -- we did find out that a number of states, including California, Maryland, Massachusetts, New Jersey, New York and Washington, have used this. And as far as the cost concerns, there are many, many curriculums out there for training for firefighters, but a DVD could be used. This would be the decision of the State Fire Marshal.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall Senate Bill 676 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 676, having received the required constitutional majority, is declared passed. Staff, please vote the Presiding Officer first, because I will be calling the roll, taking the record immediately after I have voted. So be ready, Ladies and Gentlemen. Senate Bill 678. Senator Collins. 678. Out of the record. Senate Bill 679. Senator Steans. Out of the record. Senate Bill 685. Senator Steans. Out of the record. Senate Bill 692. Senator Muñoz. Muñoz? Out of the record. Senate Bill 720. President Cullerton. Out of the record. Senate Bill 730. Senator Sandoval. Senator Sandoval seeks leave of the Body to return Senate Bill 730 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 730. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Sandoval.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval, on your amendment, sir.
The amendment is the bill and I’ll read it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Nay. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Sandoval. 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval, Amendment No. 2.
Yes, I ask your favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 730. Madam Secretary, read the bill.
Senate Bill 730. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
I ask for your consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 730 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 730, having 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 received the required constitutional majority, is declared passed. Senator Sandoval showed you how to present your bills today; therefore he gets the award as the most efficient Senator of the day. Senate Bill 731. Senator Delgado. Out of the record. Senate Bill 735. Senator Haine. Senator Haine seeks leave of the Body to return Senate Bill 735 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 735. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President. This is a bill which raises the pari-mutuel tax on Fairmount racetrack only pursuant to a deal made with the Racing Board, who’s holding a gun to the head of Fairmount track. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor of adopting the amendment will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 735. Senator Haine. Madam Secretary, read the bill. 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Senate Bill 735. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President. I ask for an Aye vote. This is important to keep my track open irrespective of these idiots on the Racing Board. Thank you very much for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. I appreciate that we’re on the subject matter of racing, but I don’t know that we always want to sound like we’re calling a race. Senator Haine, how is this a change from the current law, and exactly what is it you’re hoping to do? I mean, I -- I heard your language about the people on the Racing Board, but tell me what’s going on here.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President and Senator Righter. This is a result of a pact made, a contract of adhesion, so to speak, between the Racing Board and Fairmount track in which the Racing Board said Fairmount track would not receive racing dates this year unless they came to the General Assembly and importuned us to raise the pari-mutuel tax on the Fairmount track from .25 percent to .75 percent to help pay the Racing Board’s bills. 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, anything further, sir? Senator Righter.
So this legislation is designed to vitiate that agreement or that contract of adhesion, as you’ve described it?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
This bill is designed to keep that agreement. We are -- we are doing what Fairmount track and the Horsemen’s Association desires us to -- to do, however odious it is.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
A question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen. He will yield. Senator Lauzen.
Thank you. Senator, what do the other tracks pay?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
It varies from track to track. I have no idea. It doesn’t affect any other track.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 735 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 are 48 voting Aye, 7 voting Nay, none voting Present. Senate Bill 735, having received the required constitutional majority, is declared passed. Senate Bill 851. Senator Steans. Senator Steans seeks leave of the Body to return Senate Bill 851 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 851. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Yes, this amendment becomes the bill and I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is -- all those in favor will vote Aye. Opposed will say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 851. Madam Secretary, read the bill.
Senate Bill 851. (Secretary reads title of bill) 3rd Reading of the bill. 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Thank you, Mr. President, Members of the Chamber. This bill is an initiative of the American Lung Association and the Health Care Council of Illinois. It switches the way we allow residents in nursing homes to be able to smoke. We’ve been doing it in private or semi-private rooms, but that was against the federal Life Safety Code. So practice has been -- and we’re just now codifying what the practice is, making it compliant with the federal laws, is providing a common smoking room for those residents. This is consistent with the way we’re doing it with the Department of Veteran {sic} (Veterans’) Affairs homes as well, and I don’t know of any opposition.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing -- Senator Righter.
Thank -- thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will. Senator Righter.
Thank you, Mr. President. So, Senator Steans, if I understand, we are changing where residents of a nursing home can smoke from their individual rooms to a common area. And that is being done in order to comply with what exactly?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Federal Life Safety Code regulations, is my understanding of this.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
The concern -- as -- as you know, Senator Steans, there are residents of nursing homes who have a great deal of trouble with mobility. And is there any exception for individuals who may have difficulty getting from their room to a common area, particularly which, I would assume, in some of these -- these facilities the common area may not be a far distance for you and I, but it may be -- it may seem like miles to some of those individuals?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
It’s just that, by federal law, this is not -- it’s out of compliance with federal law to have -- permit smoking in private rooms and semi-private rooms, is my understanding. And the -- and this is really codifying what the current practice is, where the nursing homes are providing these common rooms for smoking.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 851 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 851, having received the required constitutional majority, is declared passed. Senate Bill 853. Senator Bond. 853. Madam 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Secretary -- Senator Bond seeks leave of the Body to return Senate Bill -- Madam Secretary, read the bill. Out of the record. Senate Bill 854. Senator Bond. Out of the record. Senate Bill 929. Senator Collins. Out of the record. Senate Bill 934. Senator Koehler. Out of the record. Senate Bill 935. President Cullerton. Out of the record. Senate Bill 936. Senator Lightford. Out of the record. Senate Bill 1020. Senator Bond. Senator Bond seeks leave of the Body to return Senate Bill 1020 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1020. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
The amendment becomes the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1020. Madam Secretary, read the bill.
66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senate Bill 1020. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Thank you, Mr. President, Members of the Chamber. This bill is known as Jasmine’s Law and it deals with the use of alcohol during the commission of a sexual assault of a minor. This change to the Criminal Code gives judges additional authority during sentencing to use the presence of alcohol as an aggravating factor.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 1020, having received the required constitutional majority, is declared passed. Senate Bill 1051. Senator Wilhelmi. Out of the record. Senate Bill 1055. Senator Viverito. Viverito. Senator Viverito seeks leave of the Body to return Senate Bill 1055 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1055. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Viverito.
PRESIDING OFFICER: (SENATOR HENDON) 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Viverito.
Thank you, Mr. President. This is a bill that will help the Village of Stickney -- I mean, the Village of Bridgeview. It deals with the funding of a twenty-million-dollar federal grant secured by Representative Lipinski for Toyota Park, a twenty-eight-thousand -- soccer field in the southwest side. And this is a very important thing for Bridgeview and for the entire southwest side that depends on this economic development, whether it’s a lot of concerts and soccer and things that interest a lot of the people in the southwest side. So any questions that you need to be answered, I’d be happy to do that for you.
PRESIDING OFFICER: (SENATOR HENDON) Any questions on the amendment? No. Okay. All those in favor will vote Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1055. Madam Secretary, read the bill.
Senate Bill 1055. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Now, Senator Viverito. 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
You know, I know I was so anxious because this is such a great economic development and it’s so important. I think I pretty much explained. It was in the amendment.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Burzynski.
Thank you, Mr. President. To the bill, very quickly: Senator, I just might suggest that as the bill winds its way through the House - I think I mentioned this in committee - just tightening up the legal definition of the area. It just gives some boundaries, some broad boundaries. But I think everybody that’s not opposed to quick-take is -- is supportive of the bill. But you might just want to take a look at that as the bill goes forward in the House.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1055 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 voting Aye, 12 voting Nay, 1 voting Present. Senate Bill 1055, having received the required constitutional majority, is declared passed. Senate Bill 1058. Senator Hunter. 1058, ma’am. Out of the record. Senate Bill 1118. Senator Harmon. 1118, sir. Senator Harmon seeks leave of the Body to return Senate Bill 1118 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1118. Madam Secretary, have there been any Floor amendments approved for consideration? 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, on Amendment 1.
Thank you, Mr. President. The amendment becomes the bill. I move it’s adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1118. Madam Secretary, read the bill.
Senate Bill 1118. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1118 amends the Illinois Interest Act to declare that the way banks have been calculating interest for the last century or more is, in fact, permitted by the Act.
PRESIDING OFFICER: (SENATOR HENDON) 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Any discussion? Senator Wilhelmi.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Sponsor indicates he will yield for a question. Senator Wilhelmi.
Senator Harmon, it is my understanding that there’s litigation pending regarding this issue. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
That’s my understanding.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Senator, how would this legislation affect that pending litigation?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. This legislation will not dictate the outcome of any pending legislation. That will be up to the individual courts to apply the law.
PRESIDING OFFICER: (SENATOR HENDON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 1118 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. All voted who wish? Have all voted who wish? Have all voted who wish? 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1118, having received the required constitutional majority, is declared passed. Senate Bill 1137. President Cullerton. Out of the record. Senate Bill 2001. Senator Sullivan. Senator Sullivan. Out of the record. Senate -- 1201. I’m sorry. Senator Sullivan, on 1201. You want it heard, sir? Out of the record. Senate Bill 1202. Senator Sullivan. Out of the record. Senate Bill 1203. Out of the record. Senate Bill 1204. Out of the record. Senate Bill -- 1219. Out of the record. Senate Bill 1223. Out of the record. We’re going to skip to -- 1503. Middle of page -- 15. 1503. Senator Harmon. Out of the record. 1888. Out of the record. 2060. Senator Kotowski. 2060. Out of the record. 2458. Senator Harmon. Out of the record. 2462. Senator Clayborne. 2462, sir. Senator Clayborne seeks leave of the Body to return -- Madam Secretary, read the bill.
Senate Bill 2462. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. Chairman {sic}. Senate Bill 2462 requires sex offenders or sexual predators that are required to register under the Sex Offender Registration Act to provide every law enforcement agency which he is required or she is required to register with a copy of the terms and conditions of release.
PRESIDING OFFICER: (SENATOR HENDON) 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Any discussion? Seeing none, the question is, shall Senate Bill 2462 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 2462, having received the required constitutional majority, is declared passed. Senate Bill 2476. We’ll come back to that. Senator Hendon. Senate Bill 2485. Senator Haine. Out of the record. Senate Bill 2487. Senator DeLeo. Out of the record. Senate Bill 2489. Senator Lightford. 2489. Out of the record. Senate Bill 2493. Senator Link. 2493. Out of the record. Senate Bill 2497. Senator Koehler. Senator Koehler seeks leave of the Body to return Senate Bill 2497 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2497. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, the -- the amendment just narrows this so that we have an agreed-upon bill by the…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2497. Madam Secretary, read the bill.
Senate Bill 2497. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, thank you, Mr. President, Members of the Senate. This adds a peace officer employed by the school districts to the definition of public employee. The only place this affects in the State is Peoria public schools. What it does, quite frankly, is it takes away the right to strike by the police group and it puts any contract disputes into interest arbitration. I’d appreciate your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Pankau.
Thank you, Senator, for putting the amendment on it. The 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 original language we thought said that it would apply only to the Peoria school district, but this makes it absolutely clear. And I would urge an Aye vote on this. It came out of the committee unanimously.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2497 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 3 voting Nay, 1 voting Present. Senate Bill 2497, having received the required constitutional majority, is declared passed. Senate Bill 2499. Senator Noland. Noland, sir. Madam Secretary, read the bill.
Senate Bill 2499. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, on 2499. Senate Bill 2499. Senator Noland. Senator Noland.
Thank you, Mr. President. Please forgive me. I’ll try to be as succinct as I possibly can. This bill resolves a glitch in the general State aid, the education funding formula, and allows those districts -- those school districts that have two or more counties to reassess the -- the evaluation of the money that comes to them by way of the property tax. Be happy…
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing -- oh! Senator Burzynski. I 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 almost missed you, sir. Senator Burzynski.
Thank you, Mr. President. Question of the sponsor, if I could, please.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Burzynski.
Thank you. Senator, we had some discussion about this in - - in the Education Committee. Is the State Board of Education supportive of the bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you for the question, Senator. No, but they are not entirely in opposition to it. They would like a more global approach to this statewide, but they recognize the need for us to correct this for the second-largest school district in the State, my school district, U-46.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. For -- to the bill, Mr. President. Ladies and Gentlemen of the Senate, the Senator’s trying to deal with a problem the State Board of Education has admitted does exist, called the “double whammy”, for those counties that are under PTELL. So, this is something we have done in the past. The concern that I have in particular about this bill is whether or not there would be an impact perhaps on the amount of State aid that could go to other schools districts as well. So, I think 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 that that is a legitimate concern, something that needs to be addressed. I think the -- I think the -- the -- this issue needs to be addressed on a more global basis, the same way the State Board of Education does. So I would encourage a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, to close.
Thank you, Mr. President. I -- I do urge an Aye vote. It is something and it is a balanced approach and it does help resolve, in part, in an appropriate way and in a measured way, a problem that exists, like I say, with the second-largest school district in the State.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2499 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Aye, 15 voting Nay, and none voting Present. Senate Bill 2499, having received the required constitutional majority, is declared passed. Senator Bomke, for what purpose do you seek recognition, my friend?
Thank -- thank you very much, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
Behind the Republicans to my left here is Washington Middle School, the pre-law class, Pre-Law 101. The teacher, and pay 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 particular attention, Senator Clayborne - Senator Clayborne - because this is a former teacher of Senator Clayborne, is Roosevelt Wilson. Would you please stand and be recognized and allow us to welcome you here today?
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Senate? Welcome. Welcome, teacher. You did well with Senator Clayborne. He can -- he can spell, read and write. Senate Bill 2503. Senator Haine. Senator Haine, sir. Out of the record. Please pay attention, Ladies and Gentlemen. Senate Bill 2505. Senator Frerichs. 2505, sir. Out of the record. Senate Bill 2508. Senator Dillard. Senator Dillard seeks leave of the Body to return Senate Bill 2508 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2508. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator McCarter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard to yield to Senator McCarter to explain the amendment. Senator McCarter, to explain the amendment. I’m told we need to do it that way. Senator McCarter, to explain the amendment. It’s his amendment. Senator McCarter, to explain Amendment No. 1. Senator McCarter. SENATOR McCARTER: Thank you. This -- this is a cleanup to the Limited Liability Company Act to make it consistent with the Hospital -- Licensing Act. 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2508. Madam Secretary, read the bill.
Senate Bill 2508. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you. Very quickly, Mr. President. This is a request of the Illinois State Bar Association. It piggybacks and makes some cleanup language on a bill that Senator Holmes passed a year ago dealing with the updated business opportunity sales Act. There’s no opposition and it’s a minor technical change. And I’d appreciate an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2508 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 voting Nay, none voting Present. Senate Bill 2508, having received the required constitutional majority, is declared passed. Senate Bill 2513. Senator Silverstein. 2513. Madam Secretary, read the bill.
Senate Bill 2513. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Yes, we did the amendment yesterday. So this is on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir.
Okay. Thank you very much, Mr. President. This is the sexting bill. It addresses sexting among minors. Sexting is the sharing of sexually explicit photos or videos by cell phone. It addresses the issue of sexting among minors under the Juvenile Court Act in the authoritative intervention article. I’ll take any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? No questions? No discussion? No texts or nothing? Question is, shall Senate Bill 2513 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Present. Senate Bill 2513, having received the required constitutional majority, is declared passed. Senate Bill 2516. Senator Silverstein. 2516, sir. Out of the record. Senate Bill 2535. Senator Trotter. Senator Trotter seeks leave of the Body to return Senate Bill 2535 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2535. Madam Secretary, have there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, to explain your amendment.
Thank you -- thank you very much. If we can adopt the amendment, I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2535. Madam Secretary, read the bill.
Senate Bill 2535. (Secretary reads title of bill) 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Thank you very much, Mr. President, Members of the Senate. All of us have heard this bill through the years with the exception this bill is not for all motorcycle drivers or passengers. This is for those under the age of eighteen who are on a motorcycle and their passengers who must declare that -- the motorcycle helmet must be properly fastened under the patient’s -- person’s chin with a chin strap. And I’m willing to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is -- Ladies and Gentlemen of the Senate, if you intend to ask a question, I expect you to be ready. I told you earlier about our pace. Senator Forby.
Thank you, Mr. Speaker {sic}. This is U.S.A., isn’t it? We do have a freedom. We do have a choice, don’t we? How about it? You know, you’re talking about -- about seatbelts and the kids, I understand that. Everybody has seen a car accident where police chase cars, run a hundred mile an hour or eighty, the windshield blows out and the guy rolls down on the ground. How many of them you seen killed? We’ve seen it on -- on TV all the time. And you know what, if the car runs over him or lands on top of him, they can have ten helmets on and it’s not going to help ‘em. You know, another thing we have here - I’m going back to my statement - what about motorboats? How about a young 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 kid riding in a motorboat in the back end hitting something head on, what did it do? You think it’s going to save his life? No. You know, another deal, what about horse riding? What about people or kids riding -- horse riding in fairs and stuff? Should they wear a helmet? What would be the difference there? And you know, riding -- you know, there’s a lot of stuff. Snowmobiles. What about our freedom? We always want a choice. And you know what? I -- since you don’t have no kids, hard for me to say this to you. How can I tell you what to do with your kids? I don’t want you coming and telling me what I want to do with my kids. If they’re under eighteen years old, I want to raise ‘em. I want to raise ‘em. I don’t want anybody in this audience to tell me how to raise my kids. If I want ‘em to wear a helmet, I’m responsible for ‘em. That’s why I think this is not good today. I just ask for a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. It is hard to follow that. I will just say mainly “ditto” to what was said. But the one other issue, which has been raised many times, especially with new drivers, is the importance of defensive driving. We all know from testimony that, for motorcyclists, more accidents are avoided and lives are saved by defensive driving of motorcyclists, where they can see and hear what’s happening. When you put these helmets on, you take away their vision, you take away their ability to hear and their ability to avoid many of these accidents. And so, for all the reasons that were mentioned from Senator Forby, as well as the concern about the 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 ability to do defensive driving, I would urge that we -- we defeat this legislation.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Appreciate you being succinct. Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) The sponsor indicates he will yield for a few questions. Senator Righter.
Senator Trotter, what are the -- I mean, we aim here to enact policies and we -- that are fact-based, that are driven by statistical studies in some cases. What is the statistical study or the facts that you’re relying upon to make the judgment that -- that your bill should become law?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
There are many facts. The fact is that, here in the State of Illinois alone, out of a hundred and forty-five people under the age of nineteen who were injured on motorcycles -- accidents -- in motorcycle accidents were killed. We know, in fact, that it’s going to cost us, over the lifetime of an individual, 4.2 million dollars for traumatic brain injury. So it’s not just the deaths; it’s the -- the care that we have to give to those individuals who harm themselves. We estimate that the medical and nonmedical costs, which are home modification, vocational rehabilitation, health insurance, per traffic -- traumatic brain 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 injury person is one hundred and fifty thousand dollars for one individual over their lifetime. We also know for a fact that those individuals that have been supported by employment for helping the TBI, which is traumatic brain injury, folks return to work at the cost of ten thousand dollars in the first year of service for us retrofitting where they work. When you talk about defensive driving, that’s the art of motorcycle driving, is defense. And as I’ve said repeatedly, these are not things done on purpose. They don’t purposely run into trees. They don’t purposely run into cars in front of ‘em. They’re called accidents. And those accidents that cannot be avoided, the chances of -- of a quality of -- of having a quality of life is enhanced if they’re wearing a helmet.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Righter.
Thank you. Senator Trotter, one specific area I want to ask you about is, how much does an adequately safe helmet cost and what would you propose to do for those who may not be able to bear that burden?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
It’s like anything else. If you can’t afford the habit, if you can’t afford the car, then -- then you shouldn’t be into that -- that form of enjoying yourself. You know, if you can’t -- afford the corvette, you don’t buy the corvette. This is part of the uniform, part of the piece of saying that you have to have good brakes on your motorcycle, you have to make sure 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the clutch is working, you have to ensure that your -- your windshield is clean. A helmet is part of the gear that you wear when you own a motorcycle. And it should be, because it saves your life and it saves the taxpayers dollars who have to pay for your continued care.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to the bill, sir, please.
Last question, if I might, Mr. President. Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Certainly.
Thank you. Senator Trotter, well, the -- the theme of personal responsibility and fiscal responsibility, I love that theme coming out -- coming out of you, Senator Trotter, and I hope we get to hear that more this year. Last question, the Brain Injury Association has released a study that says that six percent of brain injuries occur from motorcycles, whereas thirteen percent of brain injuries occur to pedestrians. So the question I have for you is, when will the pedestrian helmet bill be before the Illinois Senate? Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, to close.
We’ve heard all the arguments. One last year and the year before that and the year before that, it was all that we can’t tell adults what to do. Many in this room said, you know, if we do it for the children, those individuals who are out there who are more inclined to drive recklessly, do it for them, fine. 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 And we’re not even just talking about the drivers of the bikes; we’re talking about the passengers, who is the first individual thrown off your bike. So your responsibility as an adult, saying I can do what I want with my kid - yes, if you’re not being neglectful. If you’re not getting ready to instill upon them some type of abuse, which an accident is, of sorts, then we shouldn’t do anything. But we wouldn’t have the Department of Children and Family Services if every parent out here was responsible, if every parent really was worried about the well- being of their child. This is for those individuals that do not. These -- for those -- those individuals who do not have concern about our taxpayer burden that we have to pay to take care of their child for their one -- one moment for lack of insight and lack of trust. So, I do hope that we can get an Aye vote on this children’s safety Act.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2535 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 19 voting Aye, 32 voting Nay, and 6 voting Present. Senate Bill 2535, having not received the required constitutional majority, unfortunately, my dear friend, is declared failed. Senator Trotter.
Just for the record, I got more votes this year than I did last year, and that’s five more votes than Terry Link got on his bill. So…
PRESIDING OFFICER: (SENATOR HENDON) 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Okay, with that, I’ll be -- Senator Harmon in the Chair for a few minutes. Senator Harmon.
PRESIDING OFFICER: (SENATOR HARMON) Senate Bill 2542. Senator Wilhelmi. Senator Wilhelmi seeks leave to recall Senate Bill 2542 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2542. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi.
Thank you, Mr. President. Floor Amendment No. 1 to Senate Bill 2542 brings the statute in conformance with the other statutes administered by the Department with regard to licenses. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) There any discussion of the amendment? Seeing none, Senator Wilhelmi moves to approve Floor Amendment No. 1 -- moves to adopt Floor Amendment No. 1. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2542. Senator Wilhelmi. Madam Secretary, please read the 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 bill.
Senate Bill 2542. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2542 is an initiative of the National Conference of Commissioners on Uniform State Laws and the National Collegiate Athletic Association. It creates the Uniform Athlete Agents Act and requires sports athlete agents of college student athletes to be licensed by the Illinois Department of Financial and Professional Regulation. With the input of the Department, we did some cleanup on this piece of legislation to make sure that this statute would be in conformance with other statutes administered by the Department with regard to licenses. Ladies and Gentlemen, this will protect not only the athlete agents in our colleges and universities; it’ll protect the universities themselves, who would have a very significant risk of losing revenue if there is a violation. I know of no opposition and I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Althoff.
Thank you, Mr. President. To the bill: This bill passed out of the Licensed Activities Committee unanimously. Forty- 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 three other states have enacted the same legislation. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Seeing no further discussion, the question is, shall Senate Bill 2542 pass. All in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. And Senate Bill 2542, having received the required constitutional majority, is declared passed. Senate Bill 2547. Senator Demuzio. Madam Secretary, please read the bill.
Senate Bill 2547. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Demuzio.
Oh, I’m -- I’m sorry. Can we take that out of the record? I’m sorry.
PRESIDING OFFICER: (SENATOR HARMON) Out of the record. Senate Bill -- with leave of the Body, we’ll return to Senate Bill 2550. Senate Bill 2551. Senator Kotowski. Madam Secretary -- Senator Kotowski seeks leave of the Body to return Senate Bill 2551 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2551. Madam Secretary, are there any Floor amendments approved for consideration?
90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Floor Amendment 1, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Like to explain the amendment on 3rd Reading, please.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski moves to adopt Floor Amendment No. 1. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2551. Madam Secretary, please read the bill.
Senate Bill 2551. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Just like to explain the amendment. This is building off a bill that we passed out of the Senate last year, I believe unanimously, creating the Public Corruption (Profit) Forfeiture Act, which is modeled on the Narcotics Profit Forfeiture Act, which requires the forfeiture of profits from bribery, kickbacks and extortion, together with all campaign contributions upon conviction for bribery, kickbacks and extortion. This is also 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 one of these issues where - I think it’s very important to recognize - we’re going to go after the campaign funds from people who violate the law and who are convicted of corruption. And I think that’s essential, ‘cause it sends a very strong message to those who violate a public trust. The amendment, quite simply, does this: It adds the parallel federal citations for extortion, bribery and kickbacks as convictions that trigger forfeiture, and it adds the Attorney General to the distribution provisions so that they can receive a portion of the proceeds from any cases that they investigate or prosecute, and it updates citations to Election Code to reflect nonsubstantive changes made to the Code. These changes were made at the recommendation of Senator Dillard and to address concerns raised by the Attorney General and Illinois State Board of Elections.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion?
One other…
PRESIDING OFFICER: (SENATOR HARMON) Senator -- Senator Kotowski.
Sorry about that, Mr. President. One other point, we’re going to be working on some further clarifications in an amendment in the House. We keep on having discussions, but…
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, briefly, 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield.
Thank you. Senator Kotowski, remind me, if this became law and they’re -- and that -- and the official is convicted in federal court, would this empower the State to forfeit campaign funds on that official, even though the conviction was in federal court?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Thank you, Senator Righter. And this was an issue that came up in the Criminal Law Committee to make sure we address that issue and that concern. Yes, it does. That means if there was a…
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 2551 pass. All in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. And Senate Bill 2551, having received the required constitutional majority, is declared passed. Now, with leave of the Body, we’re going to return to page 15 on your Calendar. Senate Bill 2476. Senator Hendon. Madam Secretary, please read the bill. Senator Hendon seeks leave to return Senate Bill 2476 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2476. Madam 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Hendon.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hendon.
The amendment becomes the bill. I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hendon moves for the adoption of Floor Amendment No. 3 to Senate Bill 2476. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2476. Madam Secretary, please read the bill.
Senate Bill 2476. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hendon.
Thank you, Mr. President. This is an agreement that I worked out with the City of Chicago which deals with the parking meters, and it simply says if the meters -- or, the box is 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 frozen because of snow or inclement weather, the City will not issue parking tickets. And I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Senator, I refrained from cutting you off during that lengthy prelude. Is there any discussion? Senator Hunter. Is there any discussion? Seeing none, the question is, shall Senate Bill 2476 pass. All in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. And Senate Bill 2476, having received the required constitutional majority, is declared passed. Senator Hunter, for what purpose do you rise?
Yeah, Mr. President, my button is over here sticking and I meant to vote Yes on 2551.
PRESIDING OFFICER: (SENATOR HARMON) Record will so reflect your intent. Senate Bill 2556. Senate Bill 2559. Senator Koehler. Madam Secretary -- Senator Koehler seeks leave of the Body to return Senate Bill 2559 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2559. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
…President, it was a technical change. I’ll speak to it on 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3rd.
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler moves for the adoption of Floor Amendment No. 1 to Senate Bill 2559. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2559. Madam Secretary, please read the bill.
Senate Bill 2559. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. Senate Bill 2559 creates the new Illinois income tax credit for the restoration of qualified historic structures. The credit would be twenty-five percent of the amount spent on restoration of a historic structure and, of course, this is going to be -- have to be approved by a historic preservation commission. Quite frankly, this is a -- an investment in jobs bill for the State of Illinois. I’ve appreciated the support we’ve had from one end of the State to the other and for the unanimous support of the Commerce Committee. I’d appreciate an Aye vote. 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator McCarter. SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, sir. SENATOR McCARTER: I just want to say to the sponsor, I appreciate you bringing this to us. You know, not all tax credits are created alike, as in this case. We are increasing EAVs. We are contributing to the local schools and -- and creating jobs at the same time. So I appreciate you doing this and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Senator -- is there any further discussion? Senator Lauzen.
Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield.
Senator, if I -- if I understand this correctly, it’s a twenty-five percent credit for historic preservation, maximum of twenty-five million dollars per county, and we have a hundred and two counties. I mean, this is what my analysis says and I - - I may be misinterpreting. That is a boatload of money that would come out of the State coffers, if I understand it correctly. Could you maybe correct my -- my thought? Or is it just a -- a large number?
PRESIDING OFFICER: (SENATOR HARMON) 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Koehler.
There is a twenty-five-million-dollar limit of credit that can be awarded per county per year. The other side of this is that if you have that kind of investment, what that does for your local job market, what that does for the EAV values of all those historical structures that are being invested in. It really creates a -- a gain beyond what we have seen in this State. We are competing with states all around us that have these. And -- and we have been contacted in Peoria by out-of- state investors, that once this becomes law, they will be sending money into the State of Illinois.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lauzen.
Just to calculate out what the maximum could be per year income tax deduction, because if I multiply twenty-five million times a hundred counties, that’s 2.5 billion dollars.
PRESIDING OFFICER: (SENATOR HARMON) Senator -- Senator Koehler.
And what you have to do then is also multiply what -- the jobs that it’s going to create and what other investments we’re bringing in, money into this State, and it becomes a -- a net plus for us all the way around.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lauzen.
Thank you, Mr. President. To the bill. 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HARMON) Bill.
Ladies and Gentlemen, we have -- you know, I keep hearing - - I -- I believe that we have a spending problem in the State of Illinois, but I -- I listen closely to all the people who tell me we have a revenue problem. This has the potential of 2.5 billion - 2.5 billion - dollars out of the income tax revenue, and I know that that’s an exaggerated or a hyperbole as far as the total possible number, but that’s per year, and what we’re hoping is that we’re going to get a whole lot of jobs out of this. And what’s the old expression about a bird in hand - that credit that’s going to go out - versus two in the bush - maybe we’ve got these jobs, maybe we don’t. I think that this is -- of all the times, I would suggest we vote No on this bill.
PRESIDING OFFICER: (SENATOR HARMON) Is there further discussion? Senator Lightford.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield.
Hi, Senator Koehler. Just wanted to know why is the Illinois Municipal League in opposition?
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
I -- I think it’s just a -- a philosophic point, that they’re against this because it takes potentially money out of 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the General Revenue Fund.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
Out of our General Revenue Fund, but nothing that directly feeds into the local funding of any mechanism that we send forth from the General Assembly? Anything extra special that I should know about in terms of why any of the mayors would be opposed to this?
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
They did not speak at the hearing on this. They did not contact me. I’ve had -- this was brought to me by the City of Peoria and by the Heartland Partnership, which is the economic development council. So, I can’t really speculate on their -- on their concerns.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield.
Thank you. Senator Koehler, I’m going to ask about another group that has indicated, to us anyway, they’re opposed and that’s the Statewide School Management Alliance. I don’t know if they’ve spoken to you or not. I’m assuming the concern is money coming out of the General Revenue Fund, which would also 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 be the concern of the Municipal League, because of the Local Government Distributive Fund share that would -- would ultimately be reduced if there’s money coming out of the General Revenue Fund. So, have you had a conversation with the school groups, and if so, what was that conversation?
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
I have not. They have not contacted me. They did not speak at the committee meeting. I think that the Taxpayers’ Federation and the Statewide School Management Alliance are generally opposed to these kinds of bills. It’s pretty standard. Again, it had full support of the committee just because of -- of the jobs it generates and the investment that our communities will -- will see.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, Senator Koehler, do you wish to close?
Appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 2559 pass. All in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, 6 voting Nay, none voting Present. And Senate Bill 2559, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, intermission is over. Put on your seatbelts. Senator Hendon back in the Chair. 101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Harmon. Senate Bill 2571. Senator Sandoval. Madam Secretary -- Senator Sandoval seeks leave of the Body to return Senate Bill 2571 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2571. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 4, offered by Senator Sandoval.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
I’d like to adopt the amendment. Speak to the bill.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2571. Madam Secretary, read the bill.
Senate Bill 2571. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Sandoval.
I’d -- I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 2 voting Nay, none voting Present. Senate Bill 2571, having received the required constitutional majority, is declared passed. Senate Bill 2580. Senator Holmes. Madam Secretary, read the bill.
Senate Bill 2580. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
Yes, thank you, Mr. President and Members of the Senate. This is a bill that is dealing with the Humane Care for Animals Act, and it creates a new Section regarding canine tethering, which has never been included in the Act before. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 She indicates she will yield. Senator Jones.
Well, first off, Senator Holmes, this was opposed by -- well, it came out of committee on a partisan roll call. But I - - for the life of me, I can’t understand why you’re going down this road whenever you’re trying to penalize people with their dogs. I mean, there are a few people that -- that abuse their animals. And I don’t think you can do anything in this world to stop that. But you have gone way too far on this. I mean, after -- after 10 p.m., if we tie our dogs out for any length of time; the fines and penalties are extremely high on this. And I -- I just would advise everybody here that if you care about your neighbors and how they handle their pets and you think they’re abusing ‘em, turn ‘em in. But don’t be going down this road and opening up a -- a door here that’s just going to continue to get worse in this State with -- with these types of laws. So I would encourage a No vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
There are nineteen other states that have tethering laws. And this is not trying to punish responsible and good pet owners. There was some opposition -- the bill as it was first introduced. We worked over several weeks and -- with the Department of Agriculture, the Farm Bureau, the Illinois Pork Producers, the Federation of {sic} (for) Outdoor Resources, the Illinois Federation of Dog Clubs and Owners, and incorporated all that input into this bill. And, basically, what it’s doing is, if -- a dog may be tethered outdoors for longer than that 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 period of time but they have to have access to shelter. A very reasonable request.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2580 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 41 voting Aye, 11 voting Nay, none voting Present. Senate Bill 2580, having received the required constitutional majority, is declared passed. Senate Bill 2612. Senator Althoff. Out of the record. Senate Bill 2627. Senator Silverstein. 2627, sir. Out of the record. Senate Bill 2637. Senator Silverstein. I mean, Syverson. Syverson. My bad. Syverson. Madam Secretary, read the bill.
Senate Bill 2637. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. This legislation allows municipalities to charge a reasonable fee for fire and rescue emergency rendered to municipalities -- or, to persons, businesses and other entities that are not residents. This is similar to what fire protection districts and home rule communities can currently do.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Link. 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Thank you, Mr. Chairman. Will the -- or, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield for a question. Senator Link.
Senator Syverson, you indicated in committee on this that this will affect a number of communities. Will this affect all non-home rule communities in the State of Illinois?
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Senator. This will only affect non-home rule communities that have municipal fire departments. Those non- home rule communities now that have fire protection districts are already covered under the current law.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall Senate Bill 2637 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 39 voting Aye, 7 voting Nay, 1 voting Present. Senate Bill -- 2637, having received the required constitutional majority, is declared passed. Senate Bill 2660. Senator Clayborne. Madam Secretary, read the bill.
Senate Bill 2660. (Secretary reads title of bill) 3rd Reading of the bill. 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. President, Members of the Senate. Senate Bill 2660 is designed to place the State of Illinois in a position to create a coal -- coal gasification project in the State by using Illinois coal. It is expected to create two thousand union jobs in Jefferson and Washington County; will increase permanent jobs by over seven hundred and fifty over the next thirty years; and allows -- to provide a stable {sic} (substitute) natural gas for Illinois consumers. I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator John Jones.
Thank you, Mr. President. I just rise in strong support of the legislation. The -- the plan actually would be built in my home county, but the coal would be coming from Perry and Washington County. But it will create a tremendous amount of jobs. I think there’s a misconception out there that this is going to drive up the cost of gas and it’s an absolute false statement by anybody. This will not drive up the cost of gas. And so I would encourage an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2660 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, none voting Nay, none voting Present. Senate 107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Bill 2620, having received the required constitutional majority, is declared passed. Senate Bill -- 2660, having received the required constitutional majority, is declared passed. 2747. Senator Demuzio. Madam Secretary, read the bill.
Senate Bill 2747. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, thank you, Mr. President, Members of the Senate. Senate Bill 2747 provides that enterprise zones established prior to the effective date of this Act that were designated under the qualifying unemployment criteria established by the rule may expand their boundaries.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2747 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 2747, having received the required constitutional majority, is declared passed. Senator Clayborne, for what purpose do you seek recognition, sir?
Unfortunately, I forgot to vote on my own bill. So I would like the record to reflect that I would have voted Yes. 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Senate Bill 2793. Senator Jacobs. Out of the record. Senate Bill 2795. Senator Althoff. Madam Secretary, read the bill.
Senate Bill 2795. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you very much, Mr. President. This bill passed out of committee unanimously. Very simple. It allows the assessment increase of subdivided land only if special assessments are extended on the land only. I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? The question is, shall Senate Bill 2795 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 2795, having received the required constitutional majority, is declared passed. Senator Martinez, for what purpose do you seek recognition?
Thank you, Mr. President. I would like to be voted Aye on -- on Senate Bill 2660.
PRESIDING OFFICER: (SENATOR HENDON) 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 The record will so reflect. Senator Lightford, for what purpose do you seek recognition, dear?
I am up for Senate Bill 2802, at your pleasure, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Maybe I will, maybe I won’t. No. Senate Bill 2802. Madam Secretary, read the bill.
Senate Bill 2802. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
I don’t want to have to revoke your Westside pass, Senator. Senate Bill 2802, it amends the business enterprise program for minorities, females, and persons with disability. It’s our department that we have within the Central Management Services. The repealed date is set for June 30th of -- of this year and we would like to extend that date for two more years, effective immediately. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2802 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, and none voting Present. Senate Bill 2802, 110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 having received the required constitutional majority, is declared passed. WICS-TV seeks leave to videotape. Leave granted? Leave is granted. Senate Bill 2805. Senator Haine. 2805. Senator Haine. Out of the record. Senate Bill 2809. Senator Harmon. Madam Secretary -- Senator Harmon seeks leave of the Body to return Senate Bill 2809 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2809. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
The amendment becomes the bill and I move for its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2809. Madam Secretary, read the bill.
Senate Bill 2809. (Secretary reads title of bill) 111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. 28 -- Senate Bill 2809 is an initiative of the Guardianship and Advocacy Commission. It’s designed to protect eighteen- to twenty-one-year-olds living in DCFS facilities. There’s a gap in the coverage. We have an agreement with all the stakeholders. However, I understand we’re going to be reworking this bill in the House with some new ideas. But I ask for your Aye votes so we can finish that discussion.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2809 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 2809, having received the required constitutional majority, is declared passed. Senate Bill 2810. Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 2810 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2810. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) 112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Harmon.
Mr. President, can we clarify which amendment has been approved? Is it Floor Amendment No. 1 or Floor Amendment No. 3?
PRESIDING OFFICER: (SENATOR HENDON) We have all three that need to be approved today. They’re -- all three have been approved for consideration already, I’m told. So -- hold just a moment. With leave of the Body, we’re going to withdraw -- Senator Harmon seeks leave of the Body to withdraw Amendments No. 1 and 2. Madam Secretary, are there any Floor amendments other than Senate Amendments 1 and 2 that have been approved for consideration?
Floor Amendment 3, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, on Amendment No. 3.
Thank you, Mr. President. I apologize for the confusion on the paperwork. I move for the adoption of Amendment No. 3. It becomes the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Bill 2810. Madam Secretary, read the bill.
Senate Bill 2810. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 28 -- Senate Bill 2810 is a continuation of work I’ve done on energy performance contracting. In essence, what this bill does is it precludes a vendor from both participating in…(microphone cutoff)…of a request for proposals and then bidding on the request for proposals. It’s designed to provide added protections to the local governments and school districts who use this tool.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Righter.
Senator Harmon, give me an idea of the space that is required, the arm length that is required under this bill between a conversation that someone representing a public university might have with an -- a vendor, if you might, and then an RFP that may be put out and their ability to bid on it.
PRESIDING OFFICER: (SENATOR HENDON) 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Harmon.
Thank -- thank you, Mr. President. Senator, that’s an excellent question. This is a difficult area, because these efforts are often initiated by a vendor who would come to a university or school and say, “You have an opportunity for substantial energy savings if you install certain products.” What we were worried about, what we had been told is happening, especially with smaller local school districts, the vendors were coming in and saying, “You can have these savings; by the way, here’s a form RFP you can use. Put it out. We’ll bid on it and we’ll do the work for you. Everything will be swell.” What we’re mandating is a degree of disclosure. You’re -- we don’t want to preclude people from -- from initiating these, but we want to make sure that they don’t participate, or if they participate in any way, if they offer a preaudit of the facilities, that’s disclosed to all of the bidders - that any participation is publicly disclosed.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Well, then, to -- to be clear, Senator Harmon, because I thought I caught in your comments that someone who participated in a discussion involving an RFP could not then later be a bidder on the RFP, it -- are you saying that that’s the case, or is it just that the public needs to receive notice that that -- that entity may have participated in discussions regarding the RFP?
PRESIDING OFFICER: (SENATOR HENDON) 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Harmon.
Thank -- thank you, Mr. President. And, Senator, I -- I hope I didn’t mislead you in the opening comments. This bill has been through a variety of iterations and there’s been that tension between how do you encourage folks to explore these opportunities without wiring the RFP process. So, what we’re saying in this is that if you perform an energy audit, if -- if a vendor comes in and says “we’re going to inventory the opportunities for savings”, that needs to be published with the request for proposals so that all bidders have access to that. In addition, if there is a solicitation, you have to include written disclosure that identifies any energy service contractor that participated in the preparation of specifications issued by the unit of local government or an affirmative disclosure that no energy services contractor participated. And that written disclosure is published on the Capital Development Board Procurement Bulletin.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2810 pass. All those in favor will vote Aye. Opposed, vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 2810, having received the required constitutional majority, is declared passed. Senate Bill 2813. Senator Hunter. Out of the record. Senate Bill 2814. Senator Lightford. Senator Lightford seeks leave of the Body to return Senate Bill 2814 to the Order of 2nd Reading for purpose of amendment. Hearing no 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2814. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Amendment No. 2 provides that a majority of the Private Detective, the -- Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Board -- constitutes - excuse me - a quorum of seven members and that a majority of the members would be four in order to reach a decision. This is an amendment that was recommended by the Department of Financial and Professional Regulations {sic} (Regulation) and the industry agreed.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion on the amendment? Hearing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2814. Madam Secretary, read the bill.
Senate Bill 2814. 117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President. Senate Bill 2814, as amended, it amends the Private Alarm, Private Security, Private Detective, Fingerprint Vendor, and Locksmith Act of 2004 {sic}. It provides that any locksmith services -- will be required to document on their work orders, the name, address and telephone number of the person that’s requesting the work, and that that person has to sign off on the work. It will require that they will perform the services on the work order and provide their license number as well. It also did what Amendment No. 2 indicated. It created a seven-member board with four members constituting the -- a quorum. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2814 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 1 voting Nay, none voting Present. Senate Bill 2814, having received the required constitutional majority, is declared passed. Senate Bill 2820. Leader Radogno. I mean, Senator Althoff. Senator Althoff? 2820. Out of the record. With leave of the Body, we’re going to skip from 2825 on page 17 to 2835 on page 18. 2835. Senator Millner. Madam Secretary -- Senator Millner seeks leave of the Body to return Senate Bill 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 2835 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2835. Madam Secretary, have there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Millner.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
I’ll talk about that on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2835. Madam Secretary, read the bill.
Senate Bill 2835. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
The bill just simply moves the repeal date of the legislation for the -- Detection of Deception Examiners Act. 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in -- this is final action. The question is, shall Senate Bill 2835 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 2835, having received the required constitutional majority, is declared passed. We’re going to skip ahead to page 20. Senate Bill 2878. Senator Althoff. 2878. Are you -- Senator? Senator Althoff seeks leave of the Body to return Senate Bill 2878 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2878. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Althoff.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you. This bill is a quick-take bill. It’s a similar bill to what was in this Chamber last year and passed out. We - - unfortunately, because the federal government now requires environmental studies to be done prior to the purchase of property, we needed to extend the deadline on the quick-take.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion on the amendment? Seeing none, all 120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2878. Madam Secretary, read the bill.
Senate Bill 2870 {sic} (2878). (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you, Mr. President. I effectively described the bill when I described the amendment. I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2878 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, 6 voting Nay, and none voting Present. Senate Bill 2878, having received the required constitutional majority, is declared passed. President Cullerton, for what purpose do you seek recognition, sir?
For the purposes of an announcement.
PRESIDING OFFICER: (SENATOR HENDON) 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 State your announcement, Mr. President.
Thank you. First of all, I appreciate the swiftness that you’re conducting our matters here. I’m very impressed. Probably the best I’ve ever seen in thirty-one years. I would like to say, though, that -- to slow down just for a second to note that it was one year ago today that Jill Rock started as the Secretary of the Senate. So I’d like to wish her a happy anniversary.
PRESIDING OFFICER: (SENATOR HENDON) Happy anniversary, Jill Rock. Put your microphone on {sic} so they can see that lovely face, that smiling face. Congratulations. And I appreciate that fine praise, Mr. President. Senator Lightford told me to slow down. All in favor of me going at the same speed, say Aye. Opposed, say Nay. The Ayes have it. Senator Lightford is voted down. Senate Bill 2879. Senator Cronin. Madam Secretary -- Senator Cronin seeks leave of the Body to return Senate Bill 2879 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2879. Madam Secretary, have there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Cronin.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin, on your amendment, sir.
The amendment becomes the bill and I can address it on 3rd Reading. Thank you. 122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any Floor -- further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2879. Madam Secretary, read the bill.
Senate Bill 2879. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.
Thank you, Mr. President. This bill provides that non- public schools may use a multifunction school activity bus to transport non-public school students between non-public schools for curriculum-related school activity. I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2879 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2879, having 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 received the required constitutional majority, is declared passed. Senate Bill -- oh, we’re going to bottom of page 21. Top of page 21. 2887. With -- with leave of the Body, we’re going to skip to that point, to 2887. Senator Bomke. Senator Bomke seeks leave of the Body to return Senate Bill 2887 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2887. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Bomke.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bomke.
Thank you, Mr. President. I’ll explain the amendment -- the amendment becomes the bill. I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, vote Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2887. Madam Secretary, read the bill.
Senate Bill 2887. (Secretary reads title of bill) 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bomke.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The amendment requires that all new State leases of real property that are larger than ten thousand square feet with rent payments of one hundred thousand or more annually be approved by the Procurement Policy Board.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2887 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2887, having received the required constitutional majority, is declared passed. Senate Bill 2888. Senator Radogno. 2888. Out of the record. We’re going to skip to Senate Bill 2914. Page 22 of your Calendar. 2914. Senator Lauzen. Chris. Senator Lauzen, sir. Out of the record. Senate Bill… We’re going to skip 2915. We’re going to go to 2918. Senator Lauzen. 2918, sir. Out of the record. We’re going to skip to 2920. Senator Lauzen. Out of the record. Top of page 23. 2925. Senator Frerichs. Out of the record. 2925 is out of the record. 2927. Senator Sandoval. Madam Secretary, please read the gentleman’s bill.
Senate Bill 2927. 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
I’d ask for favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall -- I’m sorry. Senator Risinger.
Thank you, Mr. President. I do want to alert the Body that this causes additional stress on local roads and there is opposition from the township and county governments, and I want to make you aware of that.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall Senate Bill 2927 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 voting Aye, 1 voting Nay, 2 voting Present. Senate Bill 2927, having received the required constitutional majority, is declared passed. Senate Bill 2931. Senator Righter. Madam Secretary, please read the gentleman’s bill.
Senate Bill 2931. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Senate Bill 2931 would take a group of children who are already being served within the State’s Medicaid program and create a pilot program and move some of them into what’s called a pediatric palliative care program. This is for children who are under eighteen years of age who are suffering from a potentially life-ending disease. This kind of arrangement has been put in place in states and other Medicaid programs, such as New York and Colorado and Washington. And what they’ve found there is they have reduced the long-term costs to the Medicaid program anywhere from ten to thirty percent over the child’s lifetime. I think it’s -- it’s something we can do here. It’s better treatment for the child, also better for the taxpayers and the Medicaid system. I’d be happy to answer any questions, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? There is no discussion, no questions on a Righter bill. Please observe, Senator Righter. The question is, shall Senate Bill 2931 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 2931, having received the required constitutional majority, is declared passed. Senate Bill 2934. Senator Harmon. 2934, sir. Out of the record. Senate Bill 2950. Senator Silverstein. Out of the record. Senate Bill 2951. Senator 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Silverstein. Senator Silverstein seeks leave of the Body to return Senate Bill 2951 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2951. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 4, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
I’ll explain the amendment on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2951. Madam Secretary, read the bill.
Senate Bill 2951. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Thank you, Madam -- Mr. -- Mr. President. Too fast for me. 128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 This just makes it a -- a -- prohibits a person from riding -- driving recklessly next -- in a car near a bicycle, or -- and I also am accommodating my seatmate over here regarding a person riding a horse or a horse-drawn carriage.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Forby.
Yeah, freedom. But this is another issue. You know, I -- I still think, how can we tell people -- family what to do with their kids? You know, he knows how to raise his kids. He wants ‘em to ride with a helmet on his bike -- no. Sorry.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Forby. I needed that. Any further discussion? Anyone going to top that? No. Okay, the question is, shall Senate Bill 2951 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, 2 voting Present. Senate Bill 2951, having received the required constitutional majority, is declared passed. Senate Bill 2970. Senator Emil Jones. Jones? Out of the record. Senate Bill 2980. Senator Maloney. Senator Maloney seeks leave of the Body to return Senate Bill 2980 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2980. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Maloney. 129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Floor Amendment 3 was just a technical amendment.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2980. Madam Secretary, read the bill.
Senate Bill 2980. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. What Senate Bill 2980 does is allow school boards to waive, by publicly adopted resolution, any instructional mandate in Article 27 of the School Code for which they don’t receive an appropriation. They would not be able -- permitted to waive driver’s education, physical education, or coursework required for graduation. If a student requests any information on any of these curricular mandates, it would be made available to them. The rationale for this, of 130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 course, is that in many -- in the last two -- members -- sessions of the General Assembly, and I believe we passed another one yesterday, another curricular mandate, that I receive calls from my superintendents indicating that -- their dissatisfaction with this, saying it’s simply impossible to -- to -- to teach all of these things that we are mandating. We vote on these with the best of intentions. I think you know me, that I’m not insensitive to any of the accomplishments or the incidents in history that have played into this, but as a former social studies teacher, I can tell you that these mandates are not being taught in every school and it’s -- this is simply a recognition of the fact -- of this fact and allowing local school boards to make the decision as to which of these mandates would be most conducive to their student body. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2980 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, 1 voting Present. Senate Bill 2980, having received the required constitutional majority, is declared passed. The Chair would appreciate succinct descriptions and questions on your legislation. 2986. Senator Sandoval. Madam Secretary, read the bill.
Senate Bill 2986. (Secretary reads title of bill) 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
I’d ask an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none -- Senator Burzynski.
You know, I know that we want to have an expedited Session here today, but this is not just the first time that’s done. I’d like for the Senator to explain his bill, please.
PRESIDING OFFICER: (SENATOR HENDON) Without a doubt, Senator Burzynski. Senator Sandoval.
Yes, Mr. President. This is an IDOT bill for land conveyance for Christian County. I’d ask an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall Senate -- Senator Burzynski.
Is this just for Christian County?
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
The bill is for Carroll County, Morgan, Pike, Monroe, Tazewell counties.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Thank you, Mr. President. I think that points to the reason we need brief explanations. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2986 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, 1 voting Present. Senate Bill 2986, having received the required constitutional majority, is declared passed. I will briefly point out to the Body that the last three days, people are saying, “Senator, when can you get in the Chair”, including Members of the Senate and people who work in the building, so we can move this legislation. 2988. Senator Pankau. Out of the record. Senate Bill 2994. Senator Sullivan. Out of the record. Senate Bill 3016. Senator Bomke. Out of the record. Senate Bill 3034. Senator Haine. Haine. Out of the record. Senate Bill 3043. Senator Harmon. Out of the record. Senate Bill 3044. Senator Muñoz. Madam Secretary, read the gentleman’s bill.
Senate Bill 3044. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3044 requires that a beer manufacturer notify the distributor within thirty days prior to a change in 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the registration statement. Senate Amendment 1 removes the concerns of the wine and spirits industry and makes the change apply only to beer manufacturers. I know of no opposition and I’ll answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3044 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 3044, having received the required constitutional majority, is declared passed. Senate Bill 3047. Senator Koehler. Madam Secretary, read the bill.
Senate Bill 3047. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. Senate Bill 3047 changes the current Health Care Justice Act to the Health Care Justice Implementation Act of 2010, and requires the Health Care Justice Implementation Task Force, which would consist of appointees from the caucuses and the Governor of twenty-nine people. It would be identical to the Adequate Health Care Task Force, which was created a couple years ago, which I served on. It further states -- requires the Health 134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Care Justice Implementation Task Force to monitor and implement federal health care reforms and makes recommendations to the Governor and General Assembly regarding additional health care reforms needed and suggested modifications necessary in current health care programs to implement the federal reform. Additionally, the Health Care Justice Implementation Task Force is mandated to conduct four public hearings and submit a report on 3/1/2012. The enactment of this bill would be contingent upon, of course, passage of the federal health care reform. Let me just state that what this is not is any substance relating to what is being discussed nationally. It is only saying that when and if there’s a -- a federal health care bill that we have a -- a group that is diverse and able to make recommendations to the General Assembly and -- and the Governor.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Lauzen.
Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) The sponsor indicates he will yield for a question. Senator Lauzen.
Senator, you mentioned in your opening remarks that it’s contingent on nationalized health care at the -- being passed. Is that language -- can you point to that language in this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
I’m not sure that the language specifically states that, 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 but it -- yeah -- it’s not -- it’s not in the bill itself, but it’s obvious that if there’s nothing coming forth from the federal government, then there’s no reason for this to exist.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
So -- so, we deem that if it passes that it… The second question is, in committee you had mentioned that there was bipartisan support for this legislation. I’m assuming that you meant in the Senate. Can you tell us who was the bipartisan? I -- I understand the support from one side of the aisle. Can you point to the other side of the aisle’s support?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen, if I might, I don’t think that that actually is appropriate. We will know once the vote is taken instead of calling out some Senator’s name, who will then have to respond, and we’ll be here forever. Senator Delgado. But after the roll call, you can certainly get it. Senator Delgado.
Thank you, Mr. President. To the bill: First of all, I want to commend the sponsor, as we’ve been working on this since about 2002. And I was actually the chief sponsor of the Campaign for Better Health Care legislation in 2004, along with a great man who is now blowing into the four winds in Washington, is your -- our colleague Barack Obama, who had it here in the Senate. And Mr. Koehler became the executive -- or, actually, the president of it when -- before he got elected, and this is just updating it, bringing it to -- to code, where we need it to be. This went through the Committee on Public 136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Health, which I chair. I want to commend Senator Koehler for this good work. And this is an ongoing process and we consider it a wonderful bill, and I hope that everyone gives us green lights. And once again, thank you, Senator Koehler.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield for your questions, Senator Syverson, and you can ask as many as you like because you’re not asking questions all day. Senator Syverson.
Thank you very much, Mr. President. Senator, you had mentioned that the -- the goal of this is to work to implement what -- what the federal government passes that’s been introduced this year, yet the previous speaker talked about the fact that this task force was created a number of years ago with the goal of supporting and encouraging and implementing a single-payer universal health care system. So, has the task force changed what their initial reason for being created is and what they have been supporting and pushing since their first creation?
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, thank you for that question. First of all, let me correct. There was never, out of the Adequate Health Care Task Force -- there was a minority report of single-payer system, but 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the report that came to the General Assembly and the Governor was not a single-payer system. So that is -- that is incorrect. What this does is it completely revamps the goal and the mission of the task force. It changes it - uses the same structure, but it becomes a much different goal. The goal is now to be ready once there are federal directions set, in terms of health care. We want to be able to in a very diverse group -- and I served as vice chair of the Adequate Health Care Task Force a couple years ago, and we had a very diverse group of business interests, labor interests, insurance company interests, medical personnel interests. And that’s what the purpose is. Is to be ready. Whatever is passed, to be ready.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you. If this legislation is passed in Washington, as you probably know, that there is very little change that takes place under this health care proposal except for, obviously, the tax increases that go into place right away. And it’s a -- three or four years before it’s implemented. So there certainly is plenty of time to look at what responses would -- would occur from that time. And so, creating this or giving this direction to the task force may be a little bit premature, not knowing what’s going to happen this week and knowing that there’s going to be plenty of time still to look forward. I guess, and just as a closing comment, it would make more sense, depending on what passes in Washington, for us to look at how we want to respond to that, as opposed to setting up a response not knowing what ultimately is going to pass. So I -- I think we’re a 138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 little bit premature on this and -- and waiting until we see what passes I think will help us have better direction of how we respond to that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
To -- to the bill, Mr. President. I have the utmost respect for the sponsor and his intentions, his -- his desire to be prepared. I echo the sentiments of those who have spoken before to say that this measure is premature, but more than that, it’s -- it’s estimated that -- or, it’s expect there’s going to be a vote in the U.S. House on the bill that this is predicated on on Sunday. And I think -- at least on our side of the aisle or for those of you on the other side who share the -- the concerns about that federal legislation, let’s use this vote right here to send a statement of how we feel about the federal health care legislation. Ladies and Gentlemen, vote No and send a message to Washington.
PRESIDING OFFICER: (SENATOR HENDON) Well, I most certainly appreciate that, because people were starting to go to sleep in the gallery. So let’s pick up the pace. Senator Koehler, to close - aggressively, I hope.
Yes, I agree we should send a -- a letter to Washington that we’re ready.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 3047 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 all voted who wish? Take the record. On that question, there are 33 voting Aye, 21 voting Nay, 1 voting Present. Senate Bill 3047, having received the required constitutional majority, is declared passed. Senate Bill 3054. Senator Harmon. Out of the record. Senate Bill 3057. Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 3057 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3057. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. The amendment becomes the bill and I move for its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3057. Madam Secretary, read the bill.
Senate Bill 3057. 140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3057 in an initiative of the Department of Public Health and it is a modernization of the Swimming Facility Act. I want to point out that, with the amendment, we have eliminated the proposal for new fees and we have not disturbed the amendment applicable to not-for-profits. I’m -- be happy to entertain any questions.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Syverson.
Thank you, Mr. President. Just briefly to the bill: I’d like to thank the sponsor for working with all the parties. When this was first introduced, there was significant concerns about expanding the role of government and fees to local government, and those have all been addressed. And I want to thank the sponsor for working with everybody to get this resolved and -- and ask -- encourage an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 3057 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Aye, 6 voting Nay, none voting Present. Senate Bill 3057, having received the required constitutional majority, is 141 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 declared passed. Senate Bill 3091. Senator Althoff. Madam Secretary, read the bill.
Senate Bill 3091. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you very much, Mr. President. Senate Bill 3091 is an initiative of the Illinois Association of Snowmobile Clubs. It is an increase in registration fees. It does prohibit the operation of a snowmobile in the State unless it is covered by liability insurance. However, there are two exemptions: If the person operating the snowmobile is on their own property, they do not need insurance; and if they have the permission of another owner to operate that snowmobile on their property, they do not need insurance. In addition, it also removes the current exemption from registration for out-of-state snowmobiles. This is -- is an attempt by the club to raise revenues so that they can maintain and properly mark the snowmobile trails here in Illinois. I’d appreciate an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3091 pass. All those in favor will vote Aye. Opposed will vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 voting Aye, 10 voting Nay, none voting Present. Senate Bill 3091, having 142 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 received the required constitutional majority, is declared passed. For those of you who are interested, because of your cooperation, we may get out of here even a little earlier than you planned. Let’s -- I hope that that continues. Senate Bill 3093. Senator Sullivan. Madam Secretary, read the bill.
Senate Bill 3093. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. The bill amends the Methamphetamine Control and Community Protection Act. Prohibits a person with a prior meth conviction from knowingly purchasing, receiving, owning, or possessing without a prescription more than seventy-five hundred milligrams of a meth precursor. Makes it a Class 4 felony violation. It also provides an affirmative defense if the person has small quantities of meth for his, her or family member’s legitimate medical purposes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. I simply rise in support of Senate Bill 3093. Senator Sullivan brought a particularly aggressive bill to the committee the first time, took a lot of input and has fashioned a -- an amendment which, I think, fits our needs. So, thank the Senator for his work on that and urge an Aye vote. 143 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 3093 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 3093, having received the required constitutional majority, is declared passed. Senate Bill 3094. Senator Lightford. Madam Secretary, read the lady’s bill.
Senate Bill 3094. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 3094 removes the requirement that a residential interior designer needs to be registered under the Interior Design Title Act. The Interior Design Coalition is having a difficult time finding enough members with this profession to serve on a two-person board and the profession only has a minimal membership. Therefore, those who are residential members are licensed as commercial interior designers as well and do not need a residential requirement to practice. It was brought to me by the Interior Design Coalition and I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, 144 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 shall Senate Bill 3094 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Aye, 5 voting Nay, none voting Present. Senate Bill 3094, having received the required constitutional majority, is declared passed. Senate Bill 3106. Senator DeLeo. 3106. Out of the record. Senate Bill 3129. Senator Righter. 3129, sir. Madam Secretary, read the bill.
Senate Bill 3129. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Senate Bill 3129 is a change to Illinois’ Mental Health Code with regards to involuntary commitments. Two parts to the legislation. One part is language that was offered up by the Mental Health Association of Illinois, and this is their language in the underlying bill. The amendment, which added to the bill, actually corrects constitutional infirmities in a statute that was passed here in 2007 in -- in -- in order to make the statute whole and operative again. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Hunter.
145 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Hunter.
Thank you, Mr. President. Senator Righter, as you know, we had lots of discussion about this bill in committee and that -- you also know that this is a very complicated matter. And I was wondering, do you understand that the Mental Health Association feels that the -- the Torski Appellate Court decision indicates that there is a fatal flaw with the definition “dangerous conduct” in the Code, but does not necessarily indicate that there is, in any way, correct or that it should even be included in the statute. And so, I’m wondering -- you know, they were in support of the underlining {sic} bill, but they are against this amendment. So, with this amendment, Senator Righter, is this the only way that we can correct this matter, in your opinion?
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President, and thank you, Senator Hunter, for that question. You’re right; we have had a -- a conversation about this. I believe this is the best way to resolve the constitutional infirmity. There may be other ideas out there. We’ve solicited other ideas and not heard yet back, but obviously we’re interested in that input. The problem, I think to some extent, is -- is that the underlying bill seeks to amend the statute and that bill was given to me by the Mental Health Association. If we don’t change the constitutional infirmity in the statute, it really doesn’t matter whether we 146 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 have the underlying language or not, because the statute will remain unconstitutional. So, in order to make their language effective, we first have to make the statute constitutional and that’s what Senate Bill 3129 would do.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Senator Righter, I am going to vote for this bill, but can I get your word that you will continue to work on this legislation to try to satisfy…
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to close.
Thank you, Mr. President. And, Senator Hunter, absolutely. As you know, we are working right now to arrange a meeting next week that will happen with all the advocates so we can sit down and try to come -- have a comprehensive discussion and a solution to this issue. Thank you very much, Mr. President. I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 3129 pass. All those in favor will vote Aye. All opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 3129, having received the required constitutional majority, is declared passed. Senate Bill 3130. Senator Harmon. Out of the record. Senate Bill 3131. Senator Harmon. Out of the record. Senate Bill 3132. Senator Harmon. Out of 147 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the record. Senate Bill 3134. Madam Secretary, read the bill. Senator Harmon seeks leave of the Body to return Senate Bill 3134 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3134. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, on Amendment 1.
Thank you, Mr. President. The amendment responds to questions raised in committee. I move for its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none -- hearing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3134. Madam Secretary, read the bill.
Senate Bill 3134. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon. 148 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Thank you, Mr. President. The bill, Senate Bill 3134, was brought to me by the Village of River Forest. Under current law, a non-home rule municipality may adopt a sales tax by referendum, but the proceeds are limited in expenditures to public infrastructures or property tax relief. This bill would allow, for a limited period of time, non-home rule municipalities to use future referendum-approved sales taxes for municipal operations and the language of the referendum question is clearly refined to state that intention. I’d ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Lauzen.
Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Lauzen.
Thank you. I’m sorry. This didn’t go through the Revenue Committee, so it’s the first time that I’m taking a look at it. I think from your description you’re saying that we’re not expanding referenda and sales tax, we’re just expanding -- if you already are -- if you already pass one -- a referendum that you can use the money in a certain way. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Not -- not exactly, Senator. I want to be clear. If they passed a referendum last year, they can’t now use it for other 149 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 purposes. If they pass a referendum in the future and tell the voters that they’re going to use this for municipal operations for the limited period of time set forth in the law, till 2015, then they can do it. The intent is to help municipalities through this difficult time by giving them a little more latitude, if the voters say yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Oh, okay. So this -- this is -- they would put a referendum on the ballot in order to gain this flexibility - spending flexibility - is that right? So, you’re -- you’re saying we ask the people for flexibility. I think that it’s one of the crucial pieces that we need in our budget to get federal money flexibility -- spending flexibility. But this has to go through a referendum and it is a new purpose, but we have to go in front of the voters. Sorry.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, to close. Question is, shall Senate Bill 3134 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 3134, having received the required constitutional majority, is declared passed. Senate Bill 3147. Senator Clayborne. 3147. Madam Secretary, read the gentleman’s bill.
Senate Bill 3147. 150 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, on Senate Bill 3147. Senator Clayborne.
Thank you, Mr. President, Members of the Senate. 3147 creates the efficient and green Illinois tax credit. The tax credit is capped at forty million worth of tax credits per year. This is designed to create jobs. It is estimated, at least, it will create about seven hundred and fifty jobs.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3147 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 3147, having received the required constitutional majority, is declared passed. Senate Bill 3148. Senator Maloney. Out of the record. Senate Bill 3156. Senator Harmon. 31… Out of the record. Senate Bill 3188. Senator Jacobs. Out -- Senator Jacobs. Out of the record. Senator Clayborne, for what purpose do you seek recognition, sir?
I’m having problems voting. Pressing -- my button must not be working -- working. I was intending to vote Yes on my last bill.
PRESIDING OFFICER: (SENATOR HENDON) Record will so reflect and I will slow down just a tad. 151 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3193. Senator Delgado. Delgado. Out of the record. Senate Bill 3231. Senator Sandoval. Sandoval. Out of the record. Senate Bill 3251. Senator Sandoval. Out of the record. Senate Bill 3267. Senator Hunter. Out of the record. Senate Bill 3269. Senator Hutchinson. Madam -- Senator Hutchinson seeks leave of the Body to return Senate Bill 3269 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3269. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hutchinson, to explain Amendment No. 2.
Amendment No. 2, I think -- it goes into the bill. I can explain it further on 3 -- on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3269. Madam Secretary, read the bill.
Senate Bill 3269. 152 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hutchinson.
Thank you, Mr. President, Members of the Senate. Senate Bill 3269 is the Sexual Assault Evidence Submission Act. For the first time in Illinois history, this bill would require law enforcement to submit sexual assault evidence to the -- or, to the Illinois State Police for analysis. It does three key things: It requires law enforcement to submit sexual assault evidence within ten days of receiving it from the hospital; it requires law enforcement to inventory all previously unsubmitted sexual assault evidence and to submit that evidence to the Illinois State Police for analysis; it provides a process for expunging any profile determined not to be connected to a crime. The intent of this bill is to require that all sexual evidence be submitted to the Illinois State police. There are federal guidelines that govern what type of evidence can be uploaded into our State and national DNA databases. Illinois State Police strictly complies with those guidelines. If evidence is submitted to the Illinois State Police and the investigating law enforcement agency concluded that the evidence was not connected to a crime - for instance, if the victim recants - that evidence will not be analyzed and will not be uploaded into CODIS. Illinois State Police will note the submission and the reason for not analyzing the evidence and it’ll be returned to the law enforcement agency. This bill empowers law enforcement and brings justice to victims. There are thousands of untested kits 153 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 that have been found across the State. Each one of those kits represents a woman or a child who underwent sometimes four hours of a lengthy invasive evidence collection process in an Illinois emergency room. The consent forms victims sign at the hospital promises them that the evidence will be submitted for analysis. It’s time Illinois makes good on that promise. This is a good bill. This is landmark legislation and I would ask for an Aye vote and be happy to take any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Raoul.
To the -- to the bill: I rise in support of this bill. This is a -- a well-measured bill to deal with the testing that has not been done of sexual assault kits. It -- it -- it keeps in mind that there is a backlog of what has not been done by law enforcement. Before we do anything else requiring vast collection of DNA, we need to be taking care of things that we can afford. The other aspect of this bill: It requires the State Police to request funding. This costs money, people. And before we -- we embrace an unfunded mandate on DNA collection, notwithstanding what my predecessor has said on the national level, we should be more measured.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 3269 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 3269, having received the required constitutional majority, 154 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 is declared passed. Just a little body language hint - I normally sit down; when I stand up during your presentation that means your time is up. Senate Bill 3273. And I have to be fair with both sides, Democrats. Senator Althoff. Madam Secretary, read the bill.
Senate Bill 3273. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you. Senate Bill 3273 provides that the Department of Public Health shall publish on its website information on risks and health care needs of premature infants to improve health care quality and outcomes, as well as reduce infant morbidity and mortality associated with prematurity. I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3273 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 3273, having received the required constitutional majority, is declared passed. Leader Radogno, for what purpose do you seek recognition? Leader.
155 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Thank you. I have with me today three Pages, who I’d like to introduce to the Body. We have Jenna Baudoin, who is a seventh grader from St. Charles, and it’s her birthday today. She’s spending it with us. We also have Colleen Clancy, from -- also from St. Charles and a seventh grader. And it is not her birthday. And we have Robert Watkins, who’s an eighth grader from LaGrange. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate. Give our guests a bigger hand than that, especially the birthday girl. Senate Bill 3282. Senator Risinger. Madam Secretary, read the bill.
Senate Bill 3282. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Thank you, Mr. President, Members of the General -- or, the Senate. Senate Bill 3282 allows for the delivery of propane whenever roads are posted during the winter time.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3282 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who 156 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 3282, having received the required constitutional majority, is declared passed. Senate Bill 3302. Senator Demuzio. Out of the record. Senate Bill 3309. Senator Holmes. Madam Secretary, read the bill.
Senate Bill 3309. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
Yes, thank you, Mr. President, Members of the Senate. Senate Bill 3309 prohibits any property owner from allowing an obstruction twenty-four hours after the conclusion of an adverse weather event to a parking space or aisle reserved for a person with disabilities.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will. Senator Righter.
Thank you, Mr. President. Senator, what is the definition in the bill of an “adverse weather event”? What is that?
PRESIDING OFFICER: (SENATOR HENDON) 157 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Holmes.
We’re talking -- basically what this is doing is -- we’re talking about snow. We’re also talking about tree limbs or things that may be blown in from a tornado, thunderstorm or hurricane. And this also actually addresses obstructions, such as shopping carts or any debris that gets piled up in those access aisles or the handicap spot.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Senator, I’m sorry, is the -- is the term “adverse weather event” defined in the legislation. And the reason I ask is, maybe that doesn’t seem like a big deal to some or it seems like it’s common sense to others, but when we do bills like this, inevitably there’s going to be litigation over bills like this and someone’s going to be looking through the bill and saying, “well, what’s an adverse weather event?” and that makes it -- it makes it more difficult than it should be. So, is that -- is that defined in the bill, Senator?
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
No.
PRESIDING OFFICER: (SENATOR HENDON) Her -- her answer was no, Senator Righter. Senator Righter.
Is the -- what about the term “unreasonable obstruction”? 158 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
No, that is not. We are talking about a handicap -- an accessible area. I think unreasonable obstruction should be pretty self-explanatory.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
…bill, if I might, Mr. President. I guess -- Ladies and Gentlemen of the Senate, I think that what Senator Holmes there said at the end is very much the point. I mean, if we’re talking about the rights or -- or privileges of individuals with handicap to make sure that they can access spots, it’s going to be very, very, very difficult for them to access those rights if the terms upon which they have to rely are not defined. It seems to me that if you don’t give them effective tools within the legislation, it’s really -- it’s going to be a paper tiger at best. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. You know, all of us in here agree that -- you know, I think there are like six thousand bills introduced each year and I’ve heard many Senators on both sides of the aisle say we -- we just have too many -- too many laws. You know, we -- we -- we could get along quite well without maybe anything that we pass this year. This particular bill -- and I -- and I’m sure the Senator has good 159 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 intentions. Likely, this is a situation in which it -- it happened maybe in her district - I don’t know that - where maybe there was -- there was maybe a handicapped parking spot that was not cleaned out, with snow, or maybe a -- a tree blew down or whatever. To me, this is a perfect example of one of those bills that we -- we really -- we really don’t need. You know, I would guess that any business that is worth it’s while would clean out the spots in a snow or weather -- whatever kind of disaster you had that are closest to the building so that people could -- could get into their place of business. There are so many questions to this bill and -- and -- and I think Senator Righter brought a number of those forward. That it is just, I think, one of those pieces of legislation that -- you know, we all, I think, come here saying that we maybe should pass something, but so much of it is something that’s not -- not necessary. This, to me, is a perfect example of a bill, even though I’m sure the Senator has good intentions with this. It’s always hard to say let’s don’t do something -- or, let’s do something because handicapped are involved. But if you really look at this bill, I think -- I hope most of you could -- would say, this is something that’s just one more bill that we really don’t need. So, thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes, to close.
I would like to close by saying this is an initiative of the National Multiple Sclerosis Society, which has several members that obviously deal with this. This is not a every once in a while, happenstance situation. I have photos that show 160 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 snow actually plowed into the accessible parking spaces and areas for these people to be able to go to the store. This is the difference between being able to go to the store and not being able to go to the store.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 3309 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 36 voting Aye, 11 voting Nay, 2 voting Present. Senate Bill 3309, having received the required constitutional majority, is declared passed. Senate Bill 3320. Senator John Jones. Out of the record. Senate Bill 3322. Senator Harmon. Madam -- Senator Harmon seeks leave of the Body to return Senate Bill 3322 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3322. Madam Secretary, have there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. The amendment is affectionately known as the Murphy Amendment, designed to respond to concerns raised by Senator Murphy in committee. I move for its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment 161 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3322. Madam Secretary, read the bill.
Senate Bill 3322. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank -- thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3322 creates the Non-Recourse Civil Litigation Funding Act. It’s essentially a way to -- to regulate the -- the transactions in which a party to a lawsuit is able to sell a portion, a speculative portion, of the proceeds from a settlement or judgment and to use those costs to survive during the pendency of the -- the lawsuit. We have general agreement on this. I do understand that the Department has reached out to the -- the proponents and there may be a -- a different way of doing this, which will be taken up in the House. But I ask for your Aye votes to send it over.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Collins.
Thank you, Mr. President. And we had a conversation -- 162 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Collins.
And this is more just for clarification for the record, because I did have a conversation with Senator Harmon the other day. I was a little bit concerned initially with the bill because I saw where this financial funder would be removed from CILA, or the Consumer Installment Loan Act, and I have a little bit of concerns about how it’d impact consumers. But just for the clarification, the Department is neutral?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. Thank you for your question, Senator. By way of clarification, this is really not a loan. It’s the sale of a -- of a -- of a prospective asset. As a drafting convenience, it was included in CILA with certain exceptions because it’s not really a loan. All of the stakeholders appear now to have agreed that it should be in its own Act, and that’s what I expect will happen in the House.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Murphy.
Thank you, Mr. President. Just to the bill: As Senator Harmon indicated, I had made some suggestions in committee. He was good enough to include them in this amendment. This is a very good bill, allowing some oversight in an area that is ripe for abuse. This is really the first time we’re wading in here. 163 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 And it is a very good bill. I urge its support. There’s one minor issue that’ll get cleaned up with regard to some lien language and clarification - we’ve got the sponsor’s assurance of that - when this bill goes over to the House. But I strongly urge an Aye vote on this legislation.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Dillard.
Thank you. I just want to remind the sponsor, you know, do take care of that lien legislation -- or, the lien in the legislation, the medical and other that we talked about in committee. But I rise in support of the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 3322 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 {sic} (57) voting Aye, none voting Nay, none voting Present. Senate Bill 3322, having received the required constitutional majority, is declared passed. Senate Bill 3334. Senator Lauzen. Madam Secretary, read the bill.
Senate Bill 3334. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you, Mr. President. Many of us have constituents who 164 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 are struggling with foreclosures, short sales and other distressed real estate problems, their personal residences. The problem is that in better times, these sales are not included -- they’re not a significant portion of the calculation of truth in property values. However, in these times, it is a substantial amount of what the proper calculation is so that people are not over-property taxed. I would like to thank the bipartisan drafting an amendment to these. Senator Hutchinson and Senator Carole Pankau, also Julie Sullivan, worked through a lot of the detail to make this a good bill that was supported unanimously in the Revenue Committee. With that, I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Pankau.
Thank you, Mr. President. To the bill: I urge your support for this bill. Many of us have had constituents come to us and say, “How can I possibly be assessed at this value? My house is worth a whole lot less than what this is.” And right now I think it’s important that we all realize that short sales, foreclosures, they are the market right now. And so to put in these definitions, I believe is at least one step towards making our assessment process more in touch with today. I ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Hutchinson.
I, too, just wanted to rise in support of the bill. I think it’s a very good one and this really does go to truth in 165 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 valuations. That’s the bottom line. We wanted to be able to tell closely, between the bank and an assessor, how much your house is really worth. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 3334 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 3334, having received the required constitutional majority, is declared passed. Senate Bill 3336. Senator Wilhelmi. Madam Secretary, read the bill.
Senate Bill 3336. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3336, as amended, would allow fire protection districts the option of posting ordinances online. This is an initiative of the Illinois Fire Caucus. It has the support of the Illinois Firefighter’s Association, the Illinois Fire Safety Alliance, the Illinois Fire Chiefs Association, the Illinois Association of Fire Protection Districts, and the Illinois Fire Safety Alliance. Under the bill, if the district -- if the fire protection district chooses to post online, there will be two additional requirements: first, the ordinance must 166 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 also be posted in at least one public place in the district; and second, and this is important, the location of the website and the fire protection -- fire protection district phone number must be published in the newspaper. Mr. President, there is opposition to this bill. The Illinois Press Association does not like the legislation. They came to me; they expressed their displeasure with the legislation and we had a frank conversation. The bottom line is, the effort behind this piece of legislation is to allow our fire protection districts more revenue so that they can do what they do and that is put out fires. We had that frank discussion. I’ve decided to move forward with the legislation. I’d be happy to -- ask -- to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Link.
First of all, I want to commend the sponsor of this bill for what he’s doing, because this is a cost savings to the taxpayers. But I want to ask a question. Senator Wilhelmi, in committee I asked you the question of, if you’re going to do this online, you’re saying that we still have to post something in the newspaper that will really have no bearing on what you’re doing, it’s just basically like a notice to say we’re doing it in -- online and we’re saving the -- that we’re doing for 167 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 nothing, and we’re saving the taxpayers a lot of money, but the cost that we’re doing it in the newspaper will be irrelevant and cost expensive to the taxpayers at this time. Correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Under the bill, yes. If we -- if -- if the fire protection district posts online, they are required to publish in the newspaper the website address and the phone number, so that if, for example, a ninety-year-old woman who doesn’t have access to the Internet wants to find out about that ordinance which includes budget information from the fire protection district, she’ll be able to call that fire protection district and ask the pertinent questions.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. To the bill: You know, I’m -- I’m sure this probably will not be in any editorial, because it’s probably going to be a slam at the newspapers, but here’s a case that we are asked to save money for the taxpayers, that we are wasting money every day down here to the taxpayers, so Senator Wilhelmi comes up with a -- a great idea of something that will save the taxpayers money by going online, allowing the -- the fire prevention district to not have to expend money into an archaic way of printing it into the newspapers, that you’re going into modern technology, saving the taxpayers money, and I don’t want to -- I can say that a hundred times - of saving the taxpayers money - but yet, now the newspapers want to be 168 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 hypocritical in their editorials that they constantly say about saving money and are now telling us that we should do it -- continue to do something in the newspaper that has no benefit to what we’re doing on this. I think it is ludicrous of what they want and this should be 58 to nothing out of here in the Senate to send a message that we’re helping the taxpayers and not going to what the newspapers want. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Link. Senator Garrett.
Yes, thank you very much, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Garrett.
So, Senator Wilhelmi, I do have a couple of questions. You know, when you opened up, you said that the information regarding the website and the phone number will be listed. How will that happen?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
The fire protection district would basically go to their newspaper and they would purchase an ad that would contain two things: the web address and the phone number.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Is that something that would be printed in the newspaper 169 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 once a month or when an ordinance is subject to be changed? How often would that website and phone number, and what information, if any, would be attached to that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you for that question, Senator Garrett. It’s a good point. I want to make it clear that this only applies to fire protection district ordinances that impose a penalty or make an appropriation. So anytime the fire protection district passes an ordinance that would impose a penalty or would make an appropriation, that’s when this statute kicks in and that’s when this posting and publishing requirement would be applicable.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
So it’s applicable. Let’s pretend that a fire district is going to initiate an appropriation. So, would they, in addition to putting it on their website, this information electronically, would they then be taking out an ad with the same information? It seems like we’ve got double duty going on here.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Senator, this is contained in Floor Amendment No. 3, which I thought was a meaningful compromise. The ad will be very brief. Right now what’s required to be published is the entire ordinance in the newspaper, which is lengthy. Under this amendment -- under this bill, only thing that would be published 170 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 via an ad would be a line or two saying here’s the website where you can find information about the ordinance, you can read the actual ordinance, and here’s a phone number if you have any questions. So it’s not double duty. That’s a good question. Everything will be displayed online, if they choose that option, and then two additional things will be published in the newspaper with an ad: the website and the phone number.
PRESIDING OFFICER: (SENATOR HENDON) The Chair moves the previous question. There are four lights lit and they continue to -- lighting up over this issue. Senator Garrett.
…question. So, I just want to make sure, if an ordinance - - if there’s a proposal to change an ordinance or an appropriation, at the same time that it would be listed on the website, there’ll be a reference or an ad in the paper referring to this appropriation. So, it wouldn’t just be the website and the phone number? And that’s number one, and then, number two, is there any indication of what the size of that ad would be? So many times, as we look through newspapers quickly, if it’s a very, very small ad, it would easily go unnoticed.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi. There was a question in there. Senator Wilhelmi.
The answer to your first question is, yes, there would be reference to the ordinance, where it can be found, the number of the ordinance, and that you would find the entire ordinance online at “www. whatever it would be” and a phone number where 171 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 they could call and ask questions about that specific ordinance. And the size is not referenced in this -- in the -- in the bill. I don’t think it needs to be referenced in the bill. The -- it’s clear that they have to publish the website and the phone number related to the ordinance.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs. Sure. My man. I thought not. Senator Lauzen.
Thank you very much, Mr. -- President. A couple of questions for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen.
According to my analysis, Senator, it says that the Press Association is opposed to this. Why would that be? It sounds like -- the idea that you have in here sounds good. It sounds like, when it’s going to cost us money or regulation, we just have to let the people who are going to be operating with those have to know about it. Why would Press Association…
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
The articulated objection from the Illinois Press Association was that it is their -- their job to be the central repository for ordinances that affect the taxpayers’ dollar. And that because those ordinance -- ordinances are all published in one central location in their newspaper, they feel that this would essentially be an affront on how we notify our taxpayers 172 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 of these ordinances. My response to that is very simple, Mr. President, this ad that’s taken out that Senator Garrett asked me about will identify the ordinance, what it’s related to, where they can find it in -- in -- in great detail, and if they have any questions to call this phone number. I think we have accomplished a meaningful compromise with that Floor Amendment No. 3.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
…question -- last question is, I understand the authority structure in a fire department, you know, with the aldermen and the city and all that, but in a fire district, who is -- who is -- appoints the district board members?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
In -- in my district, Senator, and I -- I believe this is probably the case around the State, some of these boards are elected, some are appointed.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Real quick, to the bill, Mr. President. I just want to say that I presume that the -- that this ordinance has been passed at a public meeting and the reporters for the local newspaper are at the public meeting, they have received notice of the public meeting prior to the vote, with an agenda, all according to the Open Meetings Act. So the people are being informed in - 173 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 - in many, many ways as to this ordinance. It is unnecessary to treat this -- the opposition to this bill is -- is -- it’s just -- doesn’t make much sense to oppose the bill on the basis that the newspapers are the repository of ordinances. The purpose of opposing the bill would be is if there isn’t adequate notice to the taxpayer. There is in this bill. And that’s the gist of the bill and it deserves an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi, to close.
Thank you, Mr. President. I appreciate the questions. You know, obviously we know technology changes and our statutes have to reflect those changes and we have to be considerate of the taxpayer’s dollar. And that’s what this bill does. It ensures notice. It protects the taxpayer’s dollar and it allows our statutes to reflect current technology. I appreciate your support.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 3336 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, 5 voting Nay, and 2 voting Present. Senate Bill 3336, having received the required constitutional majority, is declared passed. Senate Bill 3342. Senator Clayborne. 3342, sir. Out -- Madam Secretary, read the bill.
Senate Bill 3342. (Secretary reads title of bill) 174 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Yes, Mr. President. Basically what this does is, it extends the bond debt service, similar to other agencies -- the bond instruments from thirty to forty years that they have to pay back their debt service.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3342 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 3342, having received the required constitutional majority, is declared passed. Senate Bill 3346. Senator Steans. Out of the record. Senate Bill 3348. Senator Steans. Out of the record. Senate Bill 3375. Senator Haine. Out of the record. Senate Bill 3377. Senator Haine. Madam Secretary, read the gentleman’s bill.
Senate Bill 3377. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you very much, Mr. President, Ladies and Gentlemen of 175 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the Senate. This is a bill which reduces the time to pass the certification examination and to provide for certification of an out-of-state food service sanitation manager. This is the result of negotiations between Retail Merchants, Department of Public Health of the State, and the City of Chicago, and -- and another group. I just received word this morning that some local counties are not happy with this. One of ‘em is my own county, Madison County. So, I -- I’m giving you notice of that and there will be continuing talks in the House. It’s too late now to stop this train and I would like to…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.
Thank you, Mr. President. Senator Haine, in Executive Committee two weeks ago perhaps, we had a conversation about this bill. At the time, the bill did not contain continuing education requirements, and I -- I recall -- I mean, I’ve received a -- a substantial number of contacts on this bill opposed as it was -- originally introduced. I’ll keep asking the question, Senator Haine, while you try to flag down your staffer, if you’d like. Or not.
PRESIDING OFFICER: (SENATOR HENDON) Continue with your question, Senator Righter.
So, Senator Haine, tell me, one, are the continuing 176 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 education requirements in the bill? And two, you’ve referenced that there needs to be more work in the House on the bill; what yet needs to be done on the bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Senator, I believe there are continuing education as a result of the negotiations with the Department of Public Health and with IRMA. The -- the counties -- some of the counties perform this service, this training, and they have a concern, expressed to me this morning, that there aren’t enough hours.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you. So, you’re confident that the continuing education requirements are in the bill, Senator. I mean, that’s important, Senator Haine. I -- and I apologize. I’m not trying to frustrate you here, but that’s been the point of all the constituent contacts that I’ve received, is that the public health professionals believe that deleting the continuing education requirements is a -- is a major mistake.
PRESIDING OFFICER: (SENATOR HENDON) We will -- Senator Haine, out of the record? This bill is being pulled out of the record. Senate Bill 3378. Senator Haine. Out of the record. Senate Bill 3382. Senator Schoenberg. Out of the record. Senate Bill 3383. Senator Schoenberg. Madam Secretary, read the bill. Senator Schoenberg seeks leave of the Body to return Senate Bill 3383 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, 177 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 leave is granted. Now on the Order of 2nd Reading is Senate Bill 3383. Madam Secretary, have there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 retains the underlying bill for the financially distressed provider loan program, which would be administered by the Illinois Finance Authority. It enables them to charge a reasonable free for -- fee for loan origination. Makes a couple other of technical changes and also clarifies about bond debt services, the order in which the obligations are required. And I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Any discussions on the amendment? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3383. Madam Secretary, read the bill.
Senate Bill 3383. (Secretary reads title of bill) 178 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3383 provides some very necessary short- term relief for financially distressed human service providers throughout the State. It creates a revolving loan fund that is zero percent, enabling our cash-strapped human service providers who have a longstanding relationship with the State to borrow the money from this revolving loan fund and then repay their reimbursements, rather than have to go to a bank in order to access that liquidity. There’s broad support among providers from across the State for this. I’d be happy to answer any questions. Urge your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a couple questions?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Pankau.
So, Senator, by taking the money out of the cigarette tax - - revolving fund, you -- you’re actually taking money away from some of the -- or, you’re taking the potential that some long- term care facilities would -- would not get their money on time. Is that not correct?
PRESIDING OFFICER: (SENATOR HENDON) 179 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Schoenberg.
Senator, that’s -- that’s incorrect. The long-term care -- you know, about three hours ago, we passed a bill that would enable us to generate about three hundred and ninety million dollars in new federal Medicaid money as a result of -- some administrative changes that would be made. That would pay for the long-term -- for Medicaid billables, like long-term care, which have to be paid within -- on a thirty-day cycle or else the State would forfeit the additional Medicaid reimbursement rate that we’d receive. What this does - this is how it impacts the long-term care - it puts the repayment -- the triggering the money to start the revolving loan fund, it puts it at -- it puts the provider -- distressed provider fund ahead of -- of the long-term care fund. The long-term care fund is not going to be shortchanged because the money that comes back from -- to this comes from the reimbursements as soon as we pay the providers. It’s much better than requiring a provider to go to a bank and pay eight to ten percent while they’re waiting to get paid from us in order to make their payroll.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
But, Senator, what -- there are people that are using that cigarette tax revenue money right now. So what you’re doing is you’re taking some money from them to pay the bonds that you’re going to pay to the providers. It’s a shell game. You’re -- you’re taking from Peter to pay for Paul. To the bill, Mr. President. I urge a No vote on this bill. I understand we have 180 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 providers out there that are waiting a long, long time. I understand that we want to give them some relief, but in my opinion, this is robbing Peter to pay for Paul. We’re just taking from one place and moving the money over here to pay for these bonds to pay these other people. It’s a shell game and I urge a No vote on this. We have got to stop taking money from one place and putting it in another place just so we can say that we are being -- we’re getting caught up with some people. Let’s face the truth and put in place what we need. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Syverson.
Thank you. Senator, this -- this three hundred million that’s being -- is it three hundred million that’s being diverted from the -- or, two hundred million, excuse me - or -- let’s see, loans not to exceed two hundred thousand - is being diverted from the cigarette fund, and you’re saying that -- that these dollars then are going to be used to get matching dollars and then when those dollars come back, or what is the -- earlier -- you just mentioned about the -- getting matching dollars. Help me understand how this is integrated with that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
181 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator, what I referenced was how several hours ago unanimously we passed a bill which would enable us to get several hundred million dollars of new federal money for Medicaid reimbursable. You know, the long-term -- I have yet to receive the first phone call or visit from anybody in the long- term care community about being shortchanged. So that is a red herring. All it suggests is that the debt service would be backed up. Since these are moral obligation bonds, the debt service would be backed up. We’re not taking money away from the cigarette taxes in order to -- in order to shortchange the long-term care providers. Far -- far from it. This is just to back up the debt service on the debt. The money to pay the debt comes from when we have the cash -- cash flow capability of making the -- of paying our providers, our providers will pay us back at zero percent interest. We are first in line for their reimbursements. And it’s not just any provider. You have to have -- the providers have to have a longstanding relationship with the State. This is so your community-based mental health provider in Rockford or in Roselle or in any other community of the State doesn’t have to go to a bank in order to make their payroll to wait for their reimbursement.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. The Governor has the ability right now to borrow money to set up this fund. We’re taking it out of -- this money just isn’t sitting there not being used. This is coming out of the long-term care fund; that we’re sweeping this money out of to give these loans. When the 182 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Governor already has the ability to borrow money if we need to to advance and to make these payments, why would we take it out of the long-term care fund?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
This is a -- this is moral obligation debt. Right? This is not -- this is not general obligation debt. It’s moral obligation debt. This is to provide a short-term way so that the providers in your community and in the communities throughout the State can, at zero percent, be able to access some liquidity to make their payrolls on a short-term basis rather than go to a bank. If we can do this for fire trucks, we can do this for real people throughout the State. This is -- the -- the way this is structured -- I’m a member of the Fire Caucus too. We all fell in love with that idea. If we can do it for fire trucks, we can do it for people. And let’s let these providers keep their doors open till we can pay them, so that they can make their payroll. It’s nothing more.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson, to the bill, sir.
Thank you. Well, just one question of clarification. Is this money sitting in an account not being used or is this money that is now currently going to long-term care, so long-term care is not going to be being paid if you’re taking the money and giving it to these other organizations? Is the money sitting in the account or does that mean long-term care will be delayed in their getting paid? 183 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Long-term care will not be delayed getting paid. And if there was any hope that long-term care would be delayed getting paid, the long-term care community would have come to me and asked me to make some modifications to this. This backs up the debt service with the cigarette taxes. This isn’t sitting in a dedicated fund. This isn’t in a particular appropriated budget line. It’s a revolving loan fund, just like the one that we have for fire trucks. So let’s help our providers make their payroll without going to a bank and having to pay high interest while they’re waiting for our money. We can do it for fire trucks; we can do it for providers around the State.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson. The Chair has been very patient with you, my friend.
Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. Clearly, we want to help our providers because the State’s not fulfilling its obligation to pay its -- its bills, because of its financial decisions the last few years. But there are other ways to do that. The Governor has the ability to set up these funds and borrow money and they can borrow money at a lot cheaper cost than going down this path of raiding funds, especially funds that are dedicated 184 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 for long-term care, raiding those funds to be pitting one group against another. And it’s not going to address the long-term care -- the long-term financial problems we have here. So I understand what you’re trying to achieve. I just think there are better financial means to get that ends, as opposed to taking it from the long-term care industry. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Mr. President, I rise in strong support of the -- my colleague’s bill. A lot of people have a lot of ideas about how to make sure that we help providers, but the Senator has brought a bill forward to help -- help providers and keep the doors open. I strongly support it. Urge my colleagues to do the same.
PRESIDING OFFICER: (SENATOR HENDON) Senator Duffy.
Thank you, Mr. President. To the bill: This type of backwards logic is mind-boggling. This is exactly why we’re in the position we are today. This is taking one IOU from one pocket and putting an IOU into another pocket. We are currently a hundred and four billion dollars in debt just with our pension and our bond obligations. This is making things worse, not better. Enough is enough. We have no plan how to pay any of this back. We’re continuing to play accounting games and moving the money around from one area to the other and this solves absolutely nothing. We got to stop the craziness.
PRESIDING OFFICER: (SENATOR HENDON) 185 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Kotowski.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR HENDON) Go right ahead, sir.
Thank you. I just want to rise in support of this bill. I think let’s be very clear about the intent here and of the ramifications. The reality is, we have, I mean, close to five billion in unpaid bills right now, which amounts to about two hundred thousand private sector jobs. This is a jobs retention bill. It’s very important. The fact is, a lot of people and businesses are trying to get loans from banks and they, quite simply, can’t afford ‘em; they can get it. And it’s happening with a lot of small businesses across the State of Illinois. They’re also working to try and go through community development financial institutions, which essentially have not been set up, to provide the financial framework and backing for this. So the reality is, we need to provide the support and the financial resources necessary at a low rate so we can keep and retain these jobs in Illinois. I think it’s a good measure. I think it’s a smart measure. And I think it has the financial backing and support necessary to get it done. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. To the bill, please. Ladies and Gentlemen of the Senate, there’s been a lot of conversation here about whether or not cigarette tax revenues that are currently 186 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 going to long-term care are involved in this or not. For all of those who are willing to, I would point you to page 9 of the bill, lines 14 through 24 that make it clear that cigarette tax revenues have to be diverted into the fund that’s being created here in order to - and Senator Schoenberg says - back up -- back up the debt service payments. At the start of this process, when you start issuing loans, no one’s going to be paying back - at least not for a while. So how do you loan that money out? How do you loan the money out? You loan the money out by taking the money out of the cigarette tax revenue and putting it in the fund in the first place. It’s true, maybe down the road -- maybe, maybe down the road, you’ll have a self-sustaining fund. I’m not sure the -- the analogy of a -- the fire truck revolving loan fund is a very good one at all, because you’re not taking money out of nursing homes in order to fund for fire trucks. But in order to start up the fund, you got to have some money, and the money’s coming from long-term care. Now, maybe it’ll work, but what if it doesn’t? What if some of these providers, Mr. President -- and we really don’t know what the loans will be. We don’t know the terms of the loans. What if these -- what if some of these providers go under and they can’t pay it back? Where does the money come from then? Well, I would suggest to you that the cigarette tax revenue going to long-term care will stay with those institutions, which means there will be a loss. This is -- at some point, Mr. President, when the program’s been managed this way, you have no other option except to rob Peter to pay Paul, and that’s exactly what Senate Bill 3383 does. I urge a No vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 187 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Schoenberg, to close.
Thank you, Mr. President, and -- Ladies and Gentlemen of the Senate. I certainly think we’ve had some inspired, if not disingenuous, debate at times. But the fact of the matter is, this is moral obligation debt where the debt service is backed in a way that does not divert money from critical institutions in our communities. Human service providers throughout the State are begging for this - just to be able to borrow money from a revolving loan fund - not a lot; there’s a cap on it - just to make their payrolls till they wait till they get our -- their reimbursement from the State. If we could do this for fire trucks with half -- with less than half of the discussion that we’ve heard today, if we can do this for fire trucks, we can do this for real people who need help. And I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 3383 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 17 voting No, 1 voting Present. Senate Bill 3383, having received the required constitutional majority, is declared passed. 3384. Senator -- I mean… I’m sorry. 3401. Senator Schoenberg. Madam Secretary, read the bill. Senator Schoenberg seeks leave of the Body to return Senate Bill 3401 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3401. Madam Secretary, have there been any Floor 188 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 amendments approved for consideration?
Floor Amendment 1, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, on your amendment.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 3401 enumerates six additional circumstances for back taxes which don’t apply in -- in the event that the assessor {sic} gave notice of added improvements, requested an assessment, or the assessment wasn’t done within sixteen months of the notice. This amendment lifted the opposition in committee. It’s now agreed. I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion on the amendment? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3401. Madam Secretary, read the bill.
Senate Bill 3401. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg. 189 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The amendment really is the bill. It addresses the issue of how an assessor would go back -- the protections on taxpayers for assessors going back on -- on collecting back taxes when an assessment was previously omitted. As I indicated earlier, the amendment -- the revisions lifted the opposition. We’re going to move this forward and -- and fine-tune it perhaps in the House. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Lauzen.
Thank you, Mr. President. This bill passed out of Revenue unanimously.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 3401 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 3401, having received the required constitutional majority, is declared passed. Senate Bill 3402. Senator Schoenberg. Madam Secretary, read the bill.
Senate Bill 3402. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg. 190 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3402 is modeled on the successful FQHC capital grant program that we passed into law previously that Majority Leader Clayborne did such a wonderful job at implementing. It creates a similar grant program, subject to appropriation, for community mental health and substance abuse providers to help them with their infrastructural needs - not just bricks and mortar, but also their IT systems in order to meet electronic health records requirements. I’d be happy to answer any questions. Know of no opposition.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3402 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 3 voting Nay, none voting Present. Senate Bill 3402, having received the required constitutional majority, is declared passed. My last bill of the day, Senate Bill 3460. Senator Harmon. Madam Secretary, read the bill.
Senate Bill 3460. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the 191 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senate. Last spring we passed a capital budget that included an allocation for construction of early childhood facilities. This bill trails on that and reduces the amount of the matching portion from fifty percent to ten percent, but also requires that any facility constructed with the proceeds be used for early childhood purposes for at least ten years. I’m -- know -- aware of no opposition and ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Burzynski.
Thank you, Mr. President. To the bill: We had this bill in committee and we talked about it in quite -- great detail. There are some concerns, I think, that I have and that perhaps all of us should have with the bill. One of those is the ability of the group -- well, first of all, we are lowering the threshold from fifty percent to ten percent match in order for these school districts to -- in early {sic} for these facilities to -- to be eligible for the school early childhood construction grant program. But I think, secondly, there are some issues relative to what if they go out of business, how that loan might be repaid. What about that facility? Who takes over ownership of it if they should go out of business? Those are some things that I think are very concerning -- disconcerting to me. How do we recoup State funds? You know, with school districts and other entities, we have the ability to do that. We know that they’re going to be in business, et cetera. We don’t know that about all these early childhood providers. So, just a word of caution. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) 192 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Is there further discussion? Seeing -- seeing none, the question is, shall Senate Bill 3460 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 voting Aye, 7 voting Nay, none voting Present. Senate Bill 3460, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, I appreciate your tolerance with me today. Senator Harmon in the Chair.
PRESIDING OFFICER: (SENATOR HARMON) With leave of the Body, we’re going to return to the Order of Senate Bills 3rd Reading. Senate Bill 3377. Senator Haine, you wish to proceed? Senator? Senator, please -- Madam Secretary, please read the bill.
Senate Bill 3377. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
…President. To pick up where we left off, to answer Senator Righter’s queries, it’s in the law that there is a continuing education requirement that remains. This bill doesn’t have any effect on that. This bill only affects the minimum hours to be certified prior -- minimum hours of classroom study prior to an examination to a credit. It also allows the accreditation of someone from out-of-state who’s 193 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 taken similar courses and -- and -- and exams. To answer his second query, the local health department, who called me today, my own health department, very able group, had some concerns about the -- the -- the lower amount of hours of education prior to the certification exam. And that’s what we’d like to take up in the House, a further discussion on that point.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Murphy.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he’ll yield. Senator Murphy.
I -- I want to make sure I understand, Senator. For existing Illinois residents who are not certified in another State, how will your bill change their accreditation and certification requirements?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
Thank you, Senator Murphy. It reduces it -- the requirement of classroom study prior to the exam from fifteen hours to seven. It was IRMA’s strong contention that this is -- this costs them two or three days of work. And so, now it -- rather than -- under this bill, rather than fifteen, it’s seven. They -- everything else, they have to take the proper exam and satisfy the public health authorities that it’s an exam.
PRESIDING OFFICER: (SENATOR HARMON) Murphy, do you have more questions? 194 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
What was the nature of the objection of the local counties? How did they see that reduction manifesting itself in the quality of training for food preparers?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
It was -- again, I’m relating this to me and I trust ‘em. They say that they -- I -- I presume -- I -- this is speculation - they liked the previous fifteen hours. So, they -- and they’d like to talk about, I presume again, increasing the base of -- of seven nearer that fifteen hours.
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy.
What is your intention with this bill in the House with regard to the distinction between seven and fifteen hours?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
Thank you. That -- to sit down with the local public health authorities -- everyone I thought signed off on this the other day. I just got this exchange this morning literally, as you can see, at the last moment. So my -- my intention is to bring the parties together, my local health department and IRMA and the Department of -- the State Department of Public Health, and see if we can work it out.
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy. 195 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
…bill -- to the bill, Mr. President. I appreciate the -- the -- the sponsor’s intentions here. I think this bill’s got some more work to do. I’ve got concerns about reducing the number from fifteen down to seven. I don’t feel that we’ve got -- the opponents have -- have been aware of this situation long enough to educate us on the -- the potential ramifications of that decision from a public health standpoint. My request would be to seek out an extension on this side and -- and see if we can get a little more work before we send this out of the house. That would be my request of the -- of the sponsor here today. And in lieu of that, I -- I -- I regretfully request a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there further discussion? Senator Koehler.
Yes, thank you, Mr. President. To the bill: As one who actually holds one of these licenses - I am a certified sanitation food service manager and, in my small business, I employ six of us that have this license - if you want to be pro small business, you will help me reduce my costs in having people sit through fifteen hours when they can absolutely get it in seven. I support this wholeheartedly.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Senator Haine, do you wish to close?
Yes, Mr. President. It’s late in the game, considering we’d like to get out of here in early May, and I don’t know whether the President of the Senate would take kindly to -- at 196 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 this late hour, to an -- an extension to talk about it. I’d like to move this to the House with the commitment that I have from IRMA to sit down with the local public health authorities who have reasonable concerns. IRMA brought this bill in good -- good faith. We thought we had an agreement a few days ago. It wasn’t until literally a few moments ago in the course of this bill that we found we -- we don’t. I would -- I would ask for an Aye vote with the commitment to further sit down and review it. This is a small business initiative. IRMA -- these people depend on their livelihood by providing good clean food service. These are local business people that are coming to us to be relieved of fifteen hours. Now, if it’s too much of a reduction, I don’t know. I trust the public health authorities too. So I’d like to move it and talk about it.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. The question is, shall Senate Bill 3377 pass. All in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, 3 voting No, none voting Present. And Senate Bill 3377, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to return to page 16 on your printed Calendar. Senate Bill 2612. Senator Althoff. Madam Secretary, please read the bill.
Senate Bill 2612. (Secretary reads title of bill) 3rd Reading of the bill. 197 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff.
Thank you very much, Mr. President. This bill authorizes municipalities that impose taxes on utilities - for example, gas taxes, electric taxes - to conduct audits of those utilities to determine the accuracy of the taxes or fees paid to the municipality. It sets forth the procedures under which a municipality may collect information from the public utility that’s necessary to perform the audit, as well as creating a time frame in scheduling. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2612 pass. All in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. And Senate Bill 2612, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, we’re going to return to our regular order of business here, still on the Order of Senate Bills 3rd Reading, on page 26 of your printed Calendar. Senate Bill 3482. Senator Steans. Senate Bill 3489. Senator Steans. Senate Bill 3514. Senator Schoenberg. Senator Schoenberg. Madam Secretary, please read the bill.
Senate Bill 3514. (Secretary reads title of bill) 3rd Reading of the bill. 198 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3514 is an initiative of the Department of Revenue. It establishes a continuing appropriation for the prizes for the Lottery. This is a direct result of our success that we’ve had recently with the Powerball game. We authorize a particular spending level for the -- the Lottery, and from time to time, we see that - the Powerball, for example - we end up exceeding that. So, in order to eliminate any uncertainty and make sure that the prizes continue to get paid on a timely fashion and that the game continues to grow and bring in more revenue above expectation, I ask you to support this.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Lauzen.
Thank you very much. To the bill: I just would like to report from the committee that there were objections to this bill based on at least the perception. Of course, the intention of paying bills on time is good, but the perception and the reality of this bill is that people who win the Lottery, who win the bonanza, get the windfall, are going to be placed ahead in the timing of bill payment - ahead of education in your schools, your social service agencies back home, Members of the General Assembly in the per diems, all those kinds of bills. They get priority, the people who win the Lottery. I can appreciate what the Senator is trying to do in sponsoring this legislation, paying the bills, but there are so many other higher needs that 199 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 that money ought to go to. So I -- I recommend a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, Senator Schoenberg, do you wish to close? The question is, shall Senate Bill 3514 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 32 voting Aye, 18 voting No, none voting Present. And Senate Bill 3514, having received the required constitutional majority, is declared passed. Senate Bill 3523. Senator Sandoval. Senate Bill 3533. Senator Raoul. Senate Bill 3534. Senator Raoul. Senate Bill 3535. Senator Raoul. Senate Bill 3540. Senator Raoul. Madam Secretary, please read the bill.
Senate Bill 3540. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3540 amends the Juvenile Court Act to increase the monthly fee imposed by the court on a minor placed on supervision, probation, or conditional discharge from twenty- five dollars to fifty dollars.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3540 pass. All those in favor will vote Aye. 200 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting No, none voting Present. And Senate Bill 3540, having received the required constitutional majority, is declared passed. Senator Crotty, for what purpose do you rise?
Up. The next bill.
PRESIDING OFFICER: (SENATOR HARMON) Senate Bill 3544. Madam Secretary, please read the bill.
Senate Bill 3544. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
Thank you very much. Senate Bill 3544 makes changes to the School Code regarding working cash funds, allowing school districts to permanently transfer moneys from the working cash fund to any district fund, rather than first transferring to and through the education fund. I really want to make sure that I clarify some of the questions that some might have. The court’s - in 2009 - decision has caused confusion and uncertainty for school districts regarding the process for transferring funds from working cash to other funds. Longstanding practice for districts, based on the interpretation from bond counsel, allowed them to transfer funds from the working cash fund to other funds without first passing through the education fund. 201 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 When the Appellate Court ruled in February 2009 that districts did indeed need to transfer funds from working cash to the education fund prior to transferring to that next fund, the process was then subject of numerous tax objections. You know, there’s been a lot of districts that have been taken to court just with not going to the education fund first and then transferring it to any of the other funds. Just alone in DuPage, twenty-two school districts have been taken to court on these objections. And the grand total of those refunds -- claims just on that process cost your -- the school districts in DuPage eight million one hundred and seventy-two thousand five hundred and seventy-three dollars. And again, these are districts that felt very strongly under their bond counsel that the moneys are going to get to another fund, but didn’t realize they had to go to the education fund and then that fund. And I think that was an awful way to learn that the process could not be going directly to the fund. It’s just -- instead of one step, school districts were told they had to do it in two. Many of your school districts have not been able to afford the attorneys’ fees to take -- to go to court and they have just settled out of court. So this just -- this bill is merely codifying what the school districts can do, should be able to do, but it was interpreted differently. I would be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. The ghost of Senator Hendon would still appreciate concise presentations and questions and answers. Senator Cronin, do you rise?
202 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Yes, thank you very much, Mr. President, Ladies and Gentlemen of the Senate. I rise in support of the bill. This is one of those bills where you have to really kind of scratch below the surface and get some people that are knowledgeable about finance and schools and -- and extensions and -- and the tax cap, and you have to really get some experts to take a look at it. We’ve had our staff look at this, and without question, contrary to what some of the -- the opponents of this bill have suggested, this does not - repeat - “not” do anything to circumvent the property tax cap. This is about giving management some flexibility. This is about addressing a -- a -- a litigant that has been making a lot of -- causing a lot of havoc with a lot of the school districts throughout the State. It’s cost hundreds of thousands of dollars in various school districts just to defend themselves from what I would characterize as frivolous lawsuits. Many of these school districts, like a lot of businesses, end up settling it just because they want -- they want this to go -- to go away and it costs more money to defend than it would. So I really think this is about cleaning up a provision in the law, making it clear, giving the court some direction. And, again, it does nothing to -- to invade or provide an exception or circumvent the property tax cap. It’s fiscally sound and it’s good policy for education. And I strongly urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Senator Crotty, do you wish to respond?
I also wanted to thank the previous speaker, Senator 203 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Cronin. And when we talk about transparency, I would think that if I was on a school board and I wanted the money to go to my O&M fund that it should go directly there, rather than me go to an education fund and then move it to some -- somewhere else. As a taxpayer that wouldn’t have the knowledge that that’s what the courts have said that we need to do, I think it’s far more transparent for the money to go directly to where that school district needed that flexibility, and they are allowed to do that under the current statute.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Luechtefeld, do you seek recognition?
Thank you, Mr. President, Members of the Senate. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates she’ll yield. Senator Luechtefeld.
Senator, as you know, there’s sort of two parts to this bill; one, of course, to try to clear up the legalities that they -- that schools will not be sued and -- for doing what they have done in the past. But there -- there is a reason that -- and I think the -- for instance, the IEA opposes this bill. Would you explain the reasons that they oppose the bill, please?
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
Thank you. Even under current statute, that the school district is allowed to use the working cash funds as a cash flow 204 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 -- money that can be used in cash -- for their cash flow, IEA would really like to limit that to about three of the funds. But especially in this time, I don’t think I want to -- I know I do not want to change the law to limit them only to a few funds. If, in fact, they need to transfer it to life safety or maintenance of a building, they need that flexibility to either fix their leaking roof or to repair a school bus. The idea of working cash is a -- funds are -- are to have the cash flow in order to maintain and operate that school district. And sometimes that would take it into other funds, other than maybe the three that -- the IEA - and I respect the IEA trying to protect the education fund, and a couple of others - but in this -- in this stage of the game, school districts absolutely need that flexibility to remain the same as statute allows it now.
PRESIDING OFFICER: (SENATOR HARMON) Senator Luechtefeld.
Senator, have you attempted to come up with any language that they could agree with on this bill?
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
Absolutely. The two parties have met and that’s -- all of the -- the representatives from SCOPE and LUDA and ED-RED and the IEA. As much as I -- and I do, I respect the IEA quite a bit and I consider them friends in education, but they’re the only ones that had opposed it, and the only thing we couldn’t agree on is just to make sure that that flexibility for those school districts still remain the same, especially during these 205 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 economic times, and our school districts needing these funds in different -- as I said, in different line items than what IEA would like.
PRESIDING OFFICER: (SENATOR HARMON) Senator Luechtefeld.
Senator, presently, if they -- if they move these funds around, basically they are loaned to a different -- now, will this bill now make those funds that they don’t have to be paid back to that fund? That -- I heard you say the word “permanently” given to a different fund. Is that the case?
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
Oh, I know I didn’t say permanently to these funds. They are to be loaned to those funds. And as money comes back to the district, whenever that may be, they -- they can replenish that fund. But nothing changes at all. The only part of this bill - - the only thing that this bill actually does is clarify that the school districts do not have to take the -- the two jumps in order to get the money to the fund that they want, so they aren’t sued by the other opponent that came to the committee.
PRESIDING OFFICER: (SENATOR HARMON) Senator Luechtefeld.
I think the main concern, certainly of the IEA, is that, you know, that you could -- you could loan this money to three different funds, and it’d be the education fund, certainly the maintenance fund, and the transportation fund. These are the 206 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 three funds that really keep schools operating and -- and keep children at school. Where their concern is that this money will go to other funds that maybe aren’t quite as important certainly as those three. And I guess I had hoped that you could come to some sort of -- of agreement on -- on that issue.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she’ll yield for some brief questions.
Thank you. Senator Crotty, I’ve -- I’ve been looking at some paperwork I’ve been given. I’ve been listening very closely to the -- the questions and answers, and I just heard you give Senator Luechtefeld an answer which I thought I understood it and then you gave that answer and now I’m not so sure. You said that all this does is clarify that the school districts don’t have to do, I think, you said the double jump or the double hop, and that’s it. Now, having read the bill, it -- it appears to me that the language broadens to, and I think the words you used in the statute are, any other funds into which working cash can be placed. So it’s not an issue of just making sure the school districts don’t have to make transfer A in order to get to transfer B, but that they can -- you’re broadening the number of funds - any fund - into which working cash can be put when they’re restricted now. Is that -- is that accurate?
PRESIDING OFFICER: (SENATOR HARMON) 207 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Crotty.
According to the current statute, these funds can be used - - what is -- the wording is - “for ordinary and” -- “and necessary expenditures for corporate purposes”. So that -- that could be life safety, and certainly, to the previous question from Senator Luechtefeld, transportation is one of these funds that I think is pretty important to get kids to school.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter, do you have more?
I do, Mr. President, and thank you for your indulgence. Senator Crotty, I’m reading from page 5 of the bill, lines 15 through 18, where language is stricken and you’ve inserted “for any and all” school purposes. In other words, the reading of that would lead to the conclusion that you have opened up to every fund a school district has where this working cash can be placed. Is that accurate?
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
It’s correct that it says “for any and all”, but it replaces “in any manner other than to provide moneys for {sic} (with) which to meet ordinary and necessary disbursements for salary {sic} (salaries) and other” school -- and then it goes on with -- for -- it may be used by a school board for any and all school purposes and may be transferred in whole. So it’s -- it’s basically really clarifying that it’s for any and all.
PRESIDING OFFICER: (SENATOR HARMON) 208 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Righter, do you have a follow-up question? Is there any further discussion? Seeing none, the question is, shall Senate Bill 3544 pass. All in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 38 voting Aye, 16 voting No, none voting Present. And Senate Bill 3544, having received the required constitutional majority, is declared passed. Senate Bill 3547. Senator Clayborne. Madam Secretary, please read the bill.
Senate Bill 3547. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.
Thank you, Mr. President, Members of the Senate. 3547 adds electronic textbooks and technology equipment necessary -- necessary to support the use of electronic textbooks to the list of uses of ADA Block Grant and Textbook Loan Program.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3547 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. And Senate Bill 3547, having received the required constitutional majority, is declared passed. 209 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Ladies and Gentlemen, we are on the top of page 27 of your printed Calendar. Senate Bill 3551. Senator Hunter. Senate Bill 3558. Senator Sandoval. Senate Bill 3560. Senator Sandoval. Senate Bill 3565. Senator Delgado. Madam Secretary, please read the bill.
Senate Bill 3565. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Thank you, Mr. President, Members of the Senate. Senate -- Senate Bill 3565 amends the Insurance Code to require coverage for the treatment of pain associated with complications of diabetes, including, but not limited to, diabetic peripheral neuropathy, when its treatment is medically necessary. And I must state, Mr. -- Mr. President -- actually, Chairman Haine and my -- one of my seatmates, there is some work that we need to be -- have to be done on this. We have an agreement that -- again, with the time constraints, there is work that has to be done in the House of Representatives, and along with the insurance industry, we do have an understanding that this bill will then be further worked on in the House. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Burzynski.
Thank you, Mr. President. To the bill: I -- I just want 210 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 to make sure that Members did understand exactly what Senator Delgado said. He said there’s some additional work to do on the bill and they’ve agreed to do that later on. So that’s why we have supported the bill. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Seeing no further discussion, the question is, shall Senate Bill 3565 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 2 voting No, none voting Present. And Senate Bill 3565, having received the required constitutional majority, is declared passed. Senate Bill 3566. Senator Delgado. Madam Secretary, please read the bill.
Senate Bill 3566. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Thank you, Mr. President, Members of the Senate. Senate Bill 3566 creates the Abusive Work Environment Act to provide legal relief for employees who have been harmed, psychologically, physically, or economically, by being deliberately subjected to abusive work environments, and to provide legal incentive for employers to prevent and respond to abusive mistreatment of employees at work. The bill sets forth that it’s unlawful to subject an employee to an abusive work environment as defined by this Act and to retaliate in any 211 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 manner against an employee who opposed such practice or made a claim under this Act. Both employers and individual employees may be liable for unlawful employment practices under this Act. And affirmative defense standards are also provided for employers and employees. This Act shall be enforced solely by a private right of action and must be commended {sic} no later than one year after the alleged unlawful practice. And, Mr. President and Members of the -- of the Senate, it must be known - and also Chairman Forby is my seatmate here - this also is a - - a project in progress, on time constraints, of the Municipal League, the Illinois State Board of Education, and I just met with my friends with the Management Alliance - I’ve worked many years with. They too came in on a late time and was unable to sit down and come get parts in. We all have agreed that we would -- they would continue to work with the sponsor in the House. And I’m very glad that we were able to get the language in regarding -- on the Senate side, one of the more important ones we were working on with my friends at the -- that has -- adds the expression to protect the First Amendment and Article I of the Illinois Constitution including the exercise of free speech, free expression, and free exercise of religion or expression -- or expression of religiously based views shall not be considered “abusive conduct” unless there’s intent to intimidate or harass. We thought that was the hardest part, although there’s more work to be done and we would like that to be done in the House and we do have that agreement among the parties.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator 212 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Pankau.
Thank you, Mr. President. The sponsor has worked very hard on this. This is basically workplace bullying. Very difficult subject to define and narrow and put into place. He has added the amendment, which many of the groups wanted, to further define what “abusive conduct” was, as opposed to other things. I urge your Aye vote on this. It -- this isn’t perfect, but it did come out of committee unanimously. I do believe there’s more work to be done and particularly in the instances where someone may say something in one manner, but it’s taken in another manner. And to be honest with you, the committee couldn’t exactly help the sponsor figure out how to put that into words. So I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Further discussion? Senator Murphy, it’s nice to see you back on your feet.
Well, good, it’s always good to be on my feet. Good blood flow. Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he’ll yield.
The -- it’s my understanding, Senator, that they have the opportunity to recover up to twenty-five thousand dollars for emotional distress caused in the workplace. Is that correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
213 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 That is correct, Senator Murphy.
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy.
Is this a -- is this a filing in the circuit court? Is this a legal action in the circuit court?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Yes, that is correct. It would be circuit court, Senator Murphy.
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy.
And what is the -- what is the definition of -- of “emotional distress” that -- that will be utilized in this -- in this legislation?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Just need a moment to look in the bill, Mr. President. I’ll be moment -- I’ll be just a moment.
PRESIDING OFFICER: (SENATOR HARMON) We’ll stand waiting for you to find your point.
Thank you, Mr. President. Our wonderful staff and we want to give them the adequate time. It is not defined in its current form and that is part of the -- also part of the agenda that will be worked on in the House. 214 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy, you have another question?
I -- I do, Mr. President. What about “abusive conduct”, which gives rise to the claim, is that defined here?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Thank you, Mr. President. If you look on page number 3, line 3: Number 1, “abusive conduct” means conduct, including acts, omissions, or both, that a reasonable person would find hostile, based on severity, nature, and frequency of the defendant’s conduct. Abusive conduct may include, but not -- is not -- is not limited to: repeated infliction of verbal abuse such as the use of derogatory marks -- remarks, insults, and epithets; verbal or physical conduct of a threatening, intimidating, or humiliating nature; the sabotage or undermining of an employee’s work performance; or attempts to exploit an employee’s own {sic} (known) psychological or physical vulnerability. A single act normally will not constitute abusive conduct, but especially severe and egregious act may meet this standard.
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy.
To the bill, Mr. President. I appreciate the -- the definition and its inclusion. And it -- it -- you’ll note, it says what a reasonable person would consider to be abusive. The problem from the employer’s standpoint is, unfortunately a 215 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 claimant isn’t always reasonable in their claim. And what they have to be on guard against to avoid having to be dragged into court is extremely subjective, extremely emotional. This is -- this is perhaps not a floodgate to litigation being open, but this is -- this is -- this is going too far to create a cause of action, frankly, that in all likelihood really already exists in our Code, and is it going to expose our job creators to even more unnecessary litigation, oftentimes over perceived slights that in the end were not really all that severe. I appreciate the gentleman’s intent, but I respectfully urge a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Righter, you seeking recognition?
Yes, Mr. President. Will the sponsor yield for one question?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield for one question.
Thank you. Senator Delgado, if this becomes the law and so we outlaw basically bullying in the public workplace, how many fewer bills do you think will pass the Illinois Senate? Thank you, Mr. President. Look forward to your question -- answer there, Senator.
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado, do you wish to close?
Thank you, Mr. President. As we -- as some of my previous speakers and actually the one before this gentleman, again, 216 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 these are the conversations that have to be had in the House. If we had more time here, I would have been covering all of that. As many know here, I like consensus legislation and I don’t even bring my bills to committee until the third week so that we can exhaust all remedies and I believe that has happened in this time frame. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. The question is, shall Senate Bill 3566 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 15 voting No, none voting Present. And Senate Bill 3566, having received the required constitutional majority, is declared passed. Senate Bill 3568. Senator Delgado. Madam Secretary, please read the bill.
Senate Bill 3568. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Thank you, Mr. President and Members of the Senate. You’ve noticed I’ve had bills that are sort of all tied together. This one here really, really pulls at me and my passion and my determination to have a strong Illinois and attract good business and make sure we’re keeping an eye on the unscrupulous business. And this particular -- Senate Bill 3568, based on negotiations with interested parties -- this one here -- I have 217 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 to -- let me just read what we got here. Amendment No. 2 -- well, I’m going to go with the executive summary. Senate Bill 3568 amends the Criminal Code and the Illinois Wage Payment and Collection Act to combat the problem of wage theft. Senate Bill 3568 amends the Criminal Code to provide that two or more instances of wage theft may be joined in a single count of an indictment, information, or complaint when the violations are in furtherance of a single intent. An employer who commits wage theft is guilty of a Class B -- misdemeanor, under one year/two thousand five hundred dollars, for amounts less than five thousand dollars and a Class A misdemeanor, under one year/two thousand five hundred dollars, for amounts greater than five thousand dollars. A subsequent wage theft offense within two years of a prior conviction is a Class 4 felony. And further, it amends the Illinois Wage Payment and Collection Act to provide that, subject to appropriations, the Department of Labor has the power to establish an administrative procedure to adjudicate claims or specific categories of claims that are filed with the Department that seeks three thousand dollars or less per individual employee. The Department also receives administrative fines for enforcement of the Act when employers are ordered to pay wages to employees. And furthermore, this will amend the Illinois Wage Payment and Collection Act to provide that an employee who is the subject of wage theft is able to recover, through a claim filed with the Department of Labor or through a civil action, the amount -- any underpayments and damages of two percent of the amount of any underpayments for each month following the date of payment during which underpayments remain unpaid. It a civil action, the employee 218 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 may recover reasonable attorney fees and costs. And I am available for questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.
Senator Delgado, for purposes of legislative intent, the language concerning the imposition of the twenty percent penalty appears to be applicable only at the end of the appeals process, that there are no additional appeals available either by exhaustion of the process or by the inaction of the employer to file a timely appeal. Is that true?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Thank you for that question, Senator Pankau. Yes. Once an employer has been given a final decision that orders it to pay, it has fifteen days in which to satisfy that order. If the employer exercises the right to appeal through the Administrative Review Law, the penalty cannot impose -- be imposed until after that process has been completed and the employer continues to defy that order by its nonpayment of the wages due and owing its workers. It is the intent of this legislation to protect the rights of both parties to engage in the appeals process according to each -- under the statute. In 219 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 this subsection, our intent is to encourage an employer to comply with a final order by having a method to impose a financial penalty if the employer still refuses to comply with a lawful and final decision.
PRESIDING OFFICER: (SENATOR HARMON) Senator Pankau.
Thank you, Mr. President. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Senator Dahl.
Thank you, Mr. President. Just one real quick question. Senator…
PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates that he will yield, Senator.
Senator, can -- can you give me an example of -- of somebody that’s underpaid?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Yes, thank you, Mr. President. Thank you for that question, Senator Dahl. We had over twenty workers come down here from every ethnic group in this State, and there was two companies specifically, Ronco and Gaytan Construction Company, that have not paid their employees for - what? - three to seven or nine months - in many cases, promising them their wages. And -- and we had testimony in committee by folks who have lost their homes now as they continue to work for nothing. And these 220 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 -- criminal elements of business, which was very clear, even with the IMA support and everyone that understands. These workers are the ones who are impacted right now and that we know that we must protect right now. So as much as we want to make sure -- I want to make sure we carve this out that we don’t hit the good businesses. That is not my intention. It is to make sure we go after those crooked businesses. And I know that we don’t want to support those folks coming into our State, opening those kind of businesses. And those are two, but I do have an ongoing list and it’s growing, sir, especially under these hard economic times. So those -- one of the two companies have already filed bankruptcy, but continues to operate and continues to exploit these Illinois American workers.
PRESIDING OFFICER: (SENATOR HARMON) Is there further discussion? Senator Dahl, are you done? Senator Dahl.
Mr. President, please, if -- if I could. So -- so, Senator Delgado, this -- this is mostly with -- with companies that are -- are -- are not paying their -- their wages. So -- so we’re not talking about somebody that is working for a company and when you went to work there you agreed upon the wage you were going to be paid when you were getting it and you’re getting your check every two weeks and then -- and then you decide, well, I think I should have more, so I go back in and I’m going to file a lawsuit, and the company ends up -- because there’s always a -- a -- a “no fee unless you recover” sign out there from some group of attorneys someplace that’s going to take this case and -- and -- and run it through court and -- and the -- 221 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the company ends up saying it’s cheaper for me to pay this twenty-five thousand dollars, or whatever it is, than it is to fight this thing. But that’s not what this does. Is that right?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
No, sir, that’s not what this does. On the -- this is about companies who write you a check for payday and when they go cash that check that check bounces, and then you come back and then they tell you, “Oh, don’t worry, I’ll pay you next month”, and they continue to work. And as one of the ladies who spoke in our committee testified, when Christmas came around, they couldn’t even take a dish to their sister’s house for dinner. These are unscrupulous businessmen and businesspeople and, folks, in the type of economy that we’re in, many of these folks are getting exploited out there, and so this is aimed, very specific, at those who think they can come into Illinois and -- and exploit our working force that we have. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Senator, we have two additional Senators who are seeking recognition now. Senator Noland, do you wish to rise?
Yes, thank you, Mr. President. I just want to go on record and state, for the sake of some people in my district who have come to me complaining of this, for a company named Duraco. And I wish that their name be entered into the record and be identified as a bad actor - known bad actor - who has a lawsuit 222 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 pending against them, and a number of my constituents have complained about them. That this is basically people taking something that does not belong to them - namely, other people’s time and money. And in a time when we’re trying to do everything that we possibly can for the workers of the State of Illinois, it’s important for us to know that there are people, there are companies that come into this State, buy companies, cannibalize them, and take advantage of people, these people, along the way. There’s a growing instance of this. I strongly support this -- this legislation. I commend the sponsor for bringing it and I commend those who have supported him in bringing this as well. Thank you very much.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Noland. Senator Lightford, do you wish to add to the debate?
I -- I would, Mr. President. To the bill, quickly: I also had some young ladies come to my district office a little while back and explain to me how they had worked for this company in Schaumburg - not sure if this is the same company that Senator Noland is speaking about - but they had worked a two-week period, they did not get paid on that day. The owner called them in and said that they would be paid in a couple days; they had some problems with their payroll. Well, a couple days rolled by, they didn’t get a paycheck. Two weeks rolled by, they should have been getting another paycheck. Still didn’t get a paycheck. And before you know it, this woman lost her home. The young lady said she had to quit going to school part- time because she needed to find a different full-time job 223 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 because she was not getting paid. I had no idea that anything like this could actually take place in 2010; that you would actually go to work, work for weeks, and not get a paycheck. So I hope that Senator Delgado’s bill will be the bill that will correct this wrongdoing. I signed on as a sponsor because I don’t believe any of us should work and not be compensated and lead to hardships in our homes. And I strongly encourage an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Delgado, you closed before we -- you wish to close?
Yes.
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
I’ll be brief, Mr. President. On behalf, and thanking, the Chicago Workers Collaborative, the Illinois Manufacturers’ Association, the Attorney General’s Office, the Department of Labor, and all others that have -- and -- and the Chamber of -- Illinois Chamber of Commerce, and all -- the Illinois Retail Merchants Association, everyone who was at the table to help us put this together. And we’re looking forward to taking it to the House and -- and correct any technical errors that might be in writing. But other than that, I would ask for your Aye -- Aye vote. And let’s protect Illinois workers and let’s send a clear message to business. We know that ninety-nine percent of ‘em do it well, but let’s let the one percent know that we’re watching. 224 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 3568 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. And Senate Bill 3568, having received the required constitutional majority, is declared passed. Senator Schoenberg, on Senate Bill 3578. Senator Bond, on Senate Bill 3585. Madam Secretary, please read the bill.
Senate Bill 3585. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Bond.
Thank you, Mr. President. This simply standardizes reporting of fire-related fatalities to the Office of the State Fire Marshal.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3585 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. And Senate Bill 3585, having received the required constitutional majority, is declared passed. Senator Bond. Senate Bill 3592. Madam Secretary, please read 225 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the bill.
Senate Bill 3592. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Bond.
Thank you, Mr. President. This simply directs IDOT to do a study of the efficiency of township roads. This study is limited to the six collar county area of northeastern Illinois.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3592 pass. All those in -- Senator Dahl, I’m sorry. I didn’t see you seeking recognition.
I’m sorry. You’re -- you’re getting as fast as our -- our previous one there, Mr. President. Thank you for recognizing me. Senator Bond, will you answer a couple questions for me, please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield.
Thank you. We -- we had a discussion about this bill of yours in the -- in committee, and -- and I’m going to vote for it. I think it’s a great bill. One -- one of the issues with - - with this was -- question was, do you think they can get this study done by December 31st of 2010?
PRESIDING OFFICER: (SENATOR HARMON) 226 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Senator Bond.
Thank you for the question. I’m -- I’m hopeful that they can. It’s a -- it’s a database question, and the information, much of it’s readily available and it just needs to be compiled and analyzed. It’s a -- I think a straightforward request. And we kind of limited it to the dense -- dense areas that tend to have township road departments shrinking and -- and the mileage that they’re responsible for - tend to be quite small in those areas and that may be where the greatest value could be created.
PRESIDING OFFICER: (SENATOR HARMON) Senator Dahl.
…President. To the bill: This -- I think this is a good bill. Senator Bond is on to something here where -- where we can go out and -- and study the township roads that are within municipalities and counties and possibly even get to the point where we can eliminate some -- some lap over government here and -- and start to actually fix some of the problems that are -- in Illinois, which is way too much government, and get -- get this reduced down and put the tax money where it needs to be and -- and not in somebody’s pocket that’s not doing a job. Thank you. I encourage a Yes vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Seeing no further discussion, the question is, shall Senate Bill 3592 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting 227 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Aye, none voting Nay, none voting Present. And Senate Bill 3592, having received the required constitutional majority, is declared passed. Senator Muñoz, on Senate Bill 3637. Madam Secretary, please read the bill.
Senate Bill 3637. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3637 amends the EMS Act and permits limited participation by United States Veterans Affairs hospitals in the EMS Systems with the approval of Illinois Department of Public Health. Under current law, local paramedics cannot take a veteran who might have a broken leg, a broken arm, or some other noncritical emergency to a VA. This is the case even if it’s just a few blocks away and if they are going -- undergoing treatment, if their doctor’s there, and their medical records are there. I know of no opposition to the bill and it’s a good bill for our veterans.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3637 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. And Senate Bill 3637, having received 228 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the required constitutional majority, is declared passed. Senator Risinger, on Senate Bill 3668. Senate -- Senate Bill 3683. Senator Holmes. Madam Secretary, please read the bill.
Senate Bill 3683. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Holmes.
Yes, Senate Amendment 2, and it’s basically allowing the parties to continue discussions to find a solution for removing substations from -- River Edge Development {sic} (Redevelopment) Zones. The parties that are involved in this are looking for the right mix of cost sharing for this project. At this point, Ameren and ComEd are okay with this. So we want to continue to be able to work on this.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Lauzen.
Thank you very much. Just a quick question for the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield, Senator.
If I understand the amendment correctly, it -- it shelled the bill so that that discussion can continue. Is that right?
PRESIDING OFFICER: (SENATOR HARMON) Senator Holmes. 229 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
Yes, it does.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 3683 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, 8 voting No, none voting Present. And Senate Bill 3683, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to Senate Bill 3694. Senator Maloney, on Senate Bill 3700. Do you wish to proceed? Senate Bill 3706. Senator Holmes. Madam Secretary, please read the bill.
Senate Bill 3706. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Holmes.
Yes, this bill requires the State Board of Education to create and maintain a nutrition and physical activity best practices database. And local school districts statewide can submit this information, but they are not required to submit this information. It’s not a mandate. The Illinois State Board of Education is neutral on it. What we have done is, we have got this requirement not required until full funding is received. And we’ve got on board the Illinois Association of 230 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 {sic} (for) Health, P.E., Recreation and Dance and the American Heart Association, and we’re seeking ways to find funding.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 3706 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 voting Aye, 12 voting No, none voting Present. And Senate Bill 3706, having received the required constitutional majority, is declared passed. Senate Bill 3716. Senator Frerichs. Senate Bill 3732. Senator Crotty. Madam Secretary, please read the bill.
Senate Bill 3732. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
Thank you very much. Senate Bill 3732 expands the current statutory summary suspension process for driver’s licenses to revoke the driver’s license of a driver who commits a DUI that causes death or serious bodily injury and who refuses to provide a -- a blood or a breath sample upon request from a police officer. The bill also makes technical corrections requested by the Secretary of State to address steps to implement the bill.
PRESIDING OFFICER: (SENATOR HARMON) Are there any questions? Any discussion? Seeing none, the 231 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 question is, shall Senate Bill 3732 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 2 voting No, none voting Present. And Senate Bill 3732, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, we have come full circle on our Order of 3rd Readings. We are going to turn to 2nd Readings. We have bills with amendments that need to be adopted and advanced to 3rd Reading. We’re going to start at the top of the order on -- beginning on page 2. Senate Bills 2nd Reading. With leave of the Body, we will return to Senate Bill 107. Senate Bill 1346. Senator Wilhelmi. Senate Bill 1525. Senator Burzynski. Senate Bill 1635. Senator Trotter. Senate Bill 2574. Senator Althoff. Senate Bill 2600. Senator Cullerton. With leave of the Body, we are going to skip over the next several pages of the President’s shell bills. If you’ll turn to page 8 on your printed Calendars. Near the top of the page. With leave of the Body, we’ll return to Senate Bill 2812. Senate Bill 2818. Senator Haine. Senate Bill 2894. Senator Lauzen. Senate Bill 2965. Senator Noland. Senate Bill 2985. Senator Martinez. Madam Secretary, please read the bill. Mr. Secretary, please read the bill.
Senate Bill 2985. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, are there any Floor amendments approved for 232 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez, to present your amendment.
I’m sorry, Mr. President. I -- I got a little bit…
PRESIDING OFFICER: (SENATOR HARMON) That’s all right, Senator. We turned quickly to the Order of 2nd Reading. Do you need a moment to be ready to proceed, or are you ready to go?
Can you give me one second?
PRESIDING OFFICER: (SENATOR HARMON) Senator…
Yes, please. Please.
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez, please proceed.
The amendment provides that the -- the title agent shall not act as an escrow agent in a real property transaction unless the title agent or title company has committed to the -- the issuance of title insurance in that transaction and the title agent is authorized to act as an escrow agent on behalf of the title insurance company. This authorization may be given to one -- in one of two ways: by agency contract or by a closing protection letter issued by the title insurance company to the 233 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 seller, buyer, borrower, and lender. This is just -- we are still -- we are -- I’m going to hold it on 2nd. We’re still trying to work out some of this language, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion of the amendment? Seeing none, the question is -- Senator Martinez moves to adopt Floor Amendment No. 1 to Senate Bill 2985. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senator Haine, for what purpose do you rise?
Point of personal privilege, Mr. President. I just…
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
On behalf of myself and my lovely bride, I wish to thank you, but especially Senator Rickey Hendon for the speed, wit, the aplomb and the élan with which he moved through this docket. You might say he went through this docket like Sherman went through Atlanta. Thank you, Rickey Hendon, for a great job in the Chair. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hendon is, indeed, a role model for all those who wield the gavel. Senator Hendon, do you seek to respond?
234 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Well, I’ve seen Senator Haine’s lovely young bride, so I know he’s dying to get home to her. So let’s get him home so he can handle his business.
PRESIDING OFFICER: (SENATOR HARMON) Senator, there’s a reason we keep you in the Chair. Senate Bill 2996. Senator Lightford. Madam Secretary -- Mr. Secretary, please read the bill.
Senate Bill 2996. (Secretary reads title of bill) 2nd Reading of the bill. Committee on Financial Institutions adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 3000. Senator Garrett. Senate Bill 3064. Senator Trotter. With leave of the Body, we’ll skip over the next several bills and pick up at Senate Bill 3143. Senator Lightford. Madam -- Mr. Secretary, please read the bill.
Senate Bill 3143. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 235 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3rd Reading. Senate Bill 3151. Senator Link. Mr. Secretary, please read the bill.
Senate Bill 3151. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link, to explain your amendment.
Thank you, Mr. President. This just clarifies that there - - CPI application.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, Senator Link moves to adopt Floor Amendment No. 1 to Senate Bill 3151. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 3152. Senator Link. Mr. Secretary, please read the bill.
Senate Bill 3152. 236 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
Thank you, Mr. President. This adds TIF reforms to the bill.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, Senator Link moves for the adoption of Floor Amendment No. 1 to Senate Bill 3152. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 3215. Senate Bill 3266. Senator Lightford. Madam -- Mr. Secretary, please read the bill.
Senate Bill 3266. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 237 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 3rd Reading. Senate Bill 3316. Senate Bill 3343. Senator Clayborne. Senate Bill 3344. Senator Clayborne. Mr. Secretary, please read the bill.
Senate Bill 3344. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 3374. Senator Haine. Senate Bill 3474. Senator Wilhelmi. Senate Bill 3480. Senator Steans. Senate Bill 3513. Senator Emil Jones. Senate Bill 3521. Senator Holmes. Senate Bill 3545. Senator Crotty. Senator Crotty, do you wish to proceed? Senate Bill 3562. Senator Muñoz. Senate Bill 3564. Senator Haine. Senate Bill 3607. Senator Wilhelmi. Senate Bill 3611. Senator Garrett. Senate Bill 3617. Senator Wilhelmi. Senate Bill 3619. Senator Syverson. Mr. Secretary, please read the bill.
Senate Bill 3619. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 3620. Senator Lauzen. Senator Lauzen, do you wish to proceed? Senate Bill 3633. Senator Kotowski. Senate Bill 3647. Senator Cullerton. Senate Bill 3657. Senator Holmes. Senate Bill 3663. Senator Noland. Senate Bill 3685. Senator Wilhelmi. Senate Bill 3697. Senator 238 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Crotty. Senate Bill 3702. Senator Noland. Mr. Secretary, please read the bill.
Senate Bill 3702. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. With leave of the Body, we’re going to return to Senate Bill 3000. Senator Garrett. Mr. Secretary, please read the bill as soon as our paperwork is in order here.
Senate Bill 3000. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.
Yes, thank you very much, Mr. President. The amendment - excuse me - No. 2 basically adds language pertaining to the -- Instructional Mandates Task Force regarding the date and the voting members. And I can go into it when we talk about it on 3rd Reading. 239 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HARMON) Is -- is there any discussion of the Senator’s amendment? Senator Noland, are you seeking recognition on this bill? There being no -- no discussion, Senator Garrett moves for the adoption of Floor Amendment No. 2 to Senate Bill 3000. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. We’ll return to the sequence in which we were operating. Senate Bill 3761. Senator Wilhelmi. Senate Bill 3769. Senator Clayborne. Senate Bill 3772. Senator Clayborne. Senate Bill 3775. Senator Wilhelmi. Senate Bill 3777. Senator Cullerton. With leave of the Body, we’re going to skip over several of the shell bills here to the page of -- top of page 11. We’re going to pick up in the middle of page 11 with Senate Bill 3803. Senator Holmes. Mr. Secretary, please read the bill.
Senate Bill 3803. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration? Senator Holmes, the -- the amendment is offered by Senator Cullerton, who is unavailable to present it at the moment. We’re going to take the bill out of the record and 240 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 we’ll return to it at the appropriate time. Leave of the Body, we’re going to skip to the last bill on the Order of Senate Bills 2nd Reading. Senate Bill 3811. Senator Martinez. Ladies and Gentlemen of the Senate, we’re going to stand at ease for a moment as we finish our paperwork. The Committee on Assignments will be meeting as soon as our paperwork is in order. The Senate will stand at ease for a few minutes. (At ease) Mr. Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in which -- in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 4797. We have received like Messages on House Bills 4974, 5281, 5330, 5428, 5764, 5823, 5833, 5842, 6014, 6112 and 6271. All passed the House, March 18, 2010. Mark Mahoney, Clerk of the House. A Message from the House by Mr. Mahoney, Clerk. Dear Mr. President - I am instructed {sic} 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 4578. We have received like Messages on House Bills 5321, 5377, 5388, 5749, 5781 and 5960. Passed the House, March 18th, 2010. Mark Mahoney, Clerk of the House. 241 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 A Message from the President -- a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1702. Together with the following amendment which -- which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 1 to Senate Bill 1702. Passed the House, as amended, March 18th, 2010. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Mr. Secretary. We appear to have cleared up our paperwork question with Senate Bill 3803. With leave of the Body, we’ll return to the Order of Senate Bills 2nd Reading on page 11 of your printed Calendar. On the Order of Senate -- 2nd Reading is Senate Bill 3803. Senator Holmes. Mr. Secretary, please read the bill.
Senate Bill 3803. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Holmes. 242 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Holmes.
Thank you, Mr. President and Members of the Senate. Basically, Floor Amendment 1 deletes everything, becomes the bill. I’d be happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, Senator Holmes moves for the adoption of Floor Amendment No. 1 to Senate Bill 3803. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Mr. Secretary, Resolutions Consent Calendar. We will 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. Mr. Secretary, have there been any objections filed to the resolutions on the Consent Calendar?
No objections have been filed, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) 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. The Ayes have it, and the motion carries. And the resolutions are adopted. Senator Crotty, for what purpose do you rise? Ladies and Gentlemen of 243 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 the Senate, we will stand at ease for a few minutes to allow the Committee on Assignments to meet. If all members on the Committee on Assignments will please report to the President’s Anteroom immediately. All members of the Committee on Assignments, please report to the President’s Anteroom. Senator DeLeo in the Chair. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) Senate will come to order. Mr. Secretary, Committee Reports, please.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Matters have been referred: Be Approved for Consideration - House Bill 84 and House Bill 859. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Crotty, for what purpose do you seek recognition, ma’am?
On a point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.
Tomorrow, my understanding is, our Sergeant-of-Arms, Joe, is going to be thirty-six years old tomorrow. So let’s make sure that we wish him a very happy birthday. 244 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
PRESIDING OFFICER: (SENATOR DeLEO) Joe, a very happy birthday to you. On behalf of all Members of the Illinois Senate, congratulations, sir. Okay, leave of the Body, we will return to the Order of 2nd Reading. On page 2 of your Calendar. Senator Harmon, do you wish to proceed, sir? Indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.
Senate Bill 107. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Energy adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any other -- been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Ladies and Gentlemen, continuing on 2nd -- Senate Bills 2nd Reading, I’d ask you to turn to page 8 of the printed Calendar. Senator Harmon, on Senate Bill 2812. Senate Bill 2812. Senator Harmon, you wish to proceed? And I believe -- Mr. Secretary, has there been any Floor amendments approved for consideration, sir? Mr. Secretary, read the gentleman’s bill.
Senate Bill 2812. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Energy adopted 245 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010 Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Okay, Ladies and Gentlemen, on the Order of Resolutions is Senate Resolution {sic} (Joint Resolution) 116. Mr. Secretary, read the resolution.
Senate Joint Resolution 116. (Secretary reads SJR No. 116)
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Majority Leader Clayborne moves to suspend the rules for the purpose of immediate consideration and the adoption of Senate Joint Resolution 116. Those in favor will say Aye. Those opposed will say Nay. It’s the opinion of the Chair, the Ayes have it, and the rules are suspended. Majority Leader Clayborne moves the adoption of Senate Joint Resolution 116. All in favor will say Aye. All opposed will say Nay. In the opinion of the Chair, the Ayes have it, and the resolution is adopted. Senator Righter, for what purpose do you seek recognition, sir? Senator Righter, are you seeking recognition, sir?
Inquiry of the Chair, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) State your inquiry, sir. 246 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 100th Legislative Day 3/18/2010
You know, Senator DeLeo, you and I have, over the course of the years, worked closely together and we’ve had conversations, not only about Senate business, but about other issues, including what I know to be your sincere enjoyment of the -- of the restaurants here in Springfield. And I want to make sure that you know - and I want to state this on the public record - that for your farewell, there is planning for a -- a going away party. But we’re having trouble finding the restaurants that serve the best deep-fried horseshoes, which I know you enjoy thoroughly. Just -- I wanted to make sure that you know that and I’ll be working on that planning and we look forward to that dinner soon.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Righter. I’ve changed a tradition. When I have dinner here in Springfield, I pray after the meal. Senator Righter.
Also, I’m curious, Mr. President, if there’s been a new tradition started here in the Senate or perhaps proposing a new rule that the Parliamentarian and the Presiding Officer be dressed alike during… Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Please read the e-mail every morning, please - the proper dress code. Well, based on that, I have the great pleasure of making this announcement. There being no further business to come before the Senate, the Senate will stand adjourned until the hour of 12 p.m. on the 23rd day of March, the year 2010. Ladies and Gentlemen, the Senate stands adjourned. 247