Illinois Senate Floor Debate — April 15, 2010

PRESIDING OFFICER: (SENATOR HENDON) The regular Session of the 96th General Assembly will please come to order. Will the Members please be at their desks? Will all our guests in the galleries please rise? The invocation today will be given by Father Robert “Bob” Jallas from St. Agnes, here in Springfield, Illinois. Father Bob.

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 Members under the sound of my voice please come to the Senate Floor? We’re about to go to substantial Senate action. As you know, this is the getaway day, so we want to get to the Senate Floor promptly. And if the Members cooperate, we will be out of here probably by noon. Wouldn’t that be nice? I am your Presiding Officer today, thanks to the intelligence and the graciousness of President Cullerton. So the Presiding Officer of the day would appreciate if you would please come to the Senate Floor immediately. Madam Secretary, Reading and Approval of the Journal.

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

1  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcript. There being no objection, so ordered. Madam Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR HENDON) Introduction of Bills.

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, House Bills 1st Reading.

PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones, for what purpose do you seek recognition, my friend?

PRESIDING OFFICER: (SENATOR HENDON) Go ahead and state your points, sir.

PRESIDING OFFICER: (SENATOR HENDON) 4  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Our guests please rise. Welcome to the Illinois Senate, Breann and Kyle. Welcome. Senator Jones.

PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise in the gallery? Welcome to the Illinois Senate. Welcome. Will all Members under the sound of my voice please come to the Senate Floor? We’re going to substantial Senate action. Senator Lightford will be the Presiding Officer when I step down, so all the niceties will be over after I leave. So, if you have something that you want to say and have someone be nice to you now, I recommend that you do it now. Senator Bomke, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HENDON) State your point, sir.

PRESIDING OFFICER: (SENATOR HENDON) Happy birthday, Chip. Where -- where are you? Where’s Chip? He’s a shy twenty-one. Well, happy birthday. Senator McCarter, for what purpose do you seek recognition, sir? SENATOR McCARTER: Personal privilege.

PRESIDING OFFICER: (SENATOR HENDON) Go ahead and state your point. SENATOR McCARTER: I have a nicety, as you say. I have two seniors from Breese. Oh, I’m sorry, they’re -- they’re over next to Senator Jones. Cody Finan and Caitlin Richman, both seniors at Breese High School. And so we can all welcome them. And they’re my Pages for the Day. Thank you.

PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate. Seniors - about to graduate, go off to college, wonderful. Welcome. Senator Hunter. You want to do it now? State your point.

Thank you, Mr. President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.

We have in -- in the balcony twelve wonderful young women who are here visiting Springfield for their annual training program of IWIL and we’d like to welcome them to the Senate.

PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, young ladies. Welcome. Will all Members under the sound of my voice please come to the 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Senate Floor? We need all administrative assistants -- please reach out to your Senator and get them to come to the Senate Floor. We’re going to go to substantial Senate action immediately - immediately. So please come to the Senate Floor. We’re going to go to 3rd Readings in a few seconds, so we need all Members of the Illinois Senate to come to the Senate Floor. And do not forget to bring your equipment - your bats, your cleats, and all of your -- your materials you need for the annual softball game. The House/Senate softball game is next Wednesday - next Wednesday. Senator Burzynski says bring your doctor, your insurance card, and make sure you have all the padding you need for your body for these old bones as we stomp the House once again. The trophy is on this side of the Rotunda and let’s keep it that way. So we need everyone, men and women, ready to play next week. Let’s go to work. We’re going to Supplemental Calendar No. 1, which has been distributed, Calendar A {sic}, and we’re going to Senate {sic} Bill 6059. Supplemental Calendar No. 1 -- A. On the Order of 2nd Reading is Senate {sic} Bill 6059. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now we’re going to go to substantial Senate action immediately and the pace will be quick until I am replaced. Page 4 of your Senate Calendar. Would you please turn to page 4 of your Senate Calendar? Page 3 instead of page 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 4. We’ll start on page 3 with Senator Harmon. We’re going to go on page 3. Senator Harmon. And it’s Senate Bill -- I mean - - out of the record. That joint -- that’s out of the record. Now we’ll go to page 4. 375. Senator Kotowski. Dan, 375. Madam Secretary -- Senator Kotowski seeks leave of the Body to return Senate Bill 375 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 375. Madam Secretary, have there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski, to explain your amendment, sir.

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 prohibits the renewal/ extension of contracts worth over two hundred and forty-nine thousand nine hundred and ninety-nine, unless the renewal is filed with the Procurement Policy Board and the Board does not object to such renewal. It includes exemptions where federal funds would be jeopardized, emergency procurements and leases. And exempts -- and requires that the following reports shall be filed with the General Assembly annually: reports identifying each contract for which sole source procurement was sought and the justification given for seeking sole source procurement for that contract and reports identifying all proposed renewals and extensions sought during the previous year and specifying those that were objected to by…

PRESIDING OFFICER: (SENATOR HENDON) 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Senator, that is Amendment No. 1, I believe. We’re adopting Amendment No. 1. You wish to withdraw Amendment No. 1?

Sorry. I’m sorry, Mr. President.

PRESIDING OFFICER: (SENATOR HENDON) No problem.

Withdraw 1.

PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski moves to withdraw Floor Amendment No. 1. Now we’re on Floor Amendment -- have there been any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski, who just described Floor Amendment No. 2. 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?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 375. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski. Wish to pass -- move it now, sir?

Yes, sir.

PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski, to explain your bill.

Essentially, I had described it earlier. The -- the benefit of this bill is it opens up contracts that we have currently for competition. It’s going to save taxpayers money. It’s going to also make sure we have the most -- effective, efficient process and services in place, a greater amount of transparency and reporting, and make sure that we send a strong message to Illinois taxpayers that we’re doing the right thing by them.

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall Senate Bill 375 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? It’s lucky for you all I needed a sip of coffee. We’re at a quick pace on getaway day. You know that. Take the record. On that question, there are 49 voting Aye, none voting Nay, 1 voting Present. Senate Bill 375, having received the required constitutional majority, is declared passed. Will all Members under the sound of my voice please come to the Senate Floor? Would all administrative assistants please gather your Senator, send ‘em to the Senate Floor. We are voting. We are doing 3rd Readings right now and they want to be recorded on all of this wonderful, fantastic 10  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 legislation. And since it’s such a beautiful day outside, we want to be out of here by 12 noon - 12 noon. So we need you on the Senate Floor in order to accomplish that. Senator Lightford in the Chair.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen -- Ladies and Gentlemen of the Senate, may we have your attention? We do have guests today. Senators Ira Silverstein and Jeff Schoenberg will present. Senator Silverstein.

Thank you, Madam President. First of all, I want to thank the opportunity to be here and I’m speaking with my partner, Jeff -- Senator Schoenberg, here today and we’re speaking as one today. Today is Holocaust Observance Day. There’ll be a memorial service today, held at 11 o’clock at the Old State Capitol. Every year that I’ve been coming down here we have this memorial and it’s something that unfortunately we have to do every year because people think that the Holocaust can never happen again. With the hatred and anti-Semitism which is still out in the world, especially in Middle East, as a country - Jew, non-Jew - we have to recognize what went on over sixty years ago. And, unfortunately, it could happen again. But we’re here to say “never again”, and we say that every year and we have to continue to do that. I -- with me today is Fritzie Fritzshall, who is a Holocaust survivor. And it’s very honored that we’re - - that she’s here because this breed, these -- this group, is -- is -- is very instrumental to teach us what went on sixty years ago. And I’m going to ask her to say a couple words. We just moved the -- 2nd Reading, the Holocaust Commission bill - to 11  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 institute a new Holocaust Commission bill, which I think is very important. And I’m very proud to be the sponsor, along with Senator Schoenberg. And I appreciate other individuals getting on -- on board as sponsorship {sic}. So I would ask Fritzie to say a couple words, please.

Tragically, in modern society, we continue to experience the hatred that ultimately is the root cause of genocidal practice. In a perfect world, the atrocities that occurred during World War II would have been the end of genocide in our society. But, unfortunately, that’s not the case. And it’s all the reason why we have to give pause, why we have to remember the painful lessons of history which have been learned, and why we need to educate everyone throughout our communities, regardless of their background, as to the horrors of history so that they won’t be replicated again. Thank you very much for your time.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen of the Senate, we have one more introduction on today. It’s truly an honor for me to recognize this person and bring Senator Hunter out to introduce her. Many you -- if you recall in the ‘70s, there wasn’t many African- American shows on TV, but there was a show called Good Times. Remember the guy J.J., the one who always said “Dyn-o-mite”? That’s not one of the reasons -- not only one of the reasons I watched Good Times. I watched it because there was a character named Thelma. Do you guys remember Thelma? Well, she was an 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 inspiration for little girls like me, because we didn’t have any Thelma’s on TV, as many as there is today. So it’s a deep honor and privilege to introduce Senator Hunter, who will introduce her. She’s on a new mission now and I’m hoping you guys will welcome her and hear all about it. Senator Hunter.

Good morning. I’d like to introduce to you all a wonderful person. Ms. Bern Nadette Stanis is best known as the quick- witted, sexy, savvy, and the original “It” girl, Thelma Evans, from the groundbreaking, first African-American sitcom, Good Times. This -- the still sexy ‘70s star needs no redefining. Bern Nadette remains the -- the personification of the gem that young girl that -- wants to emulate and that we’ve always come to know and to love. Undeniably, the onyx beauty is exquisitely graceful in the naturalist form. Stanis is back with a vengeance in her quest to quell apparent self-esteem issues and insecurities of young generations. Astonished by the everyday questions and the persistent dogmatic relationship environment - - environment family, friends and women in general endure and sadly see as the norm, Bern Nadette was promptly {sic} to do more than -- than do a phone pow-wow about possible resolutions. Today, she travels the world promoting her book, Situations 101: Relationships - The Good, The Bad…and The Ugly and her poetry book, For Men Only. Sure -- I’m sure that’s very exciting, right? Bern Nadette Stanis is also a well sought after speaker. She is available as a keynote and motivated speaker for this event and for many others. But at this time, she’s here in Illinois for a very special occasion. She’s here to promote as the national spokesperson of the National Public Housing Museum. 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 I grew up in public housing in Chicago in the Robert Taylor Homes and Bern Nadette is going to tell you about why she’s here in Illinois. Without further ado, I bring to you Ms. Bern Nadette Stanis.

And, just quickly, I’d like to also recognize Keith Magee who is Executive Director of the Museum; Crystal Palmer, the Vice President of the Board; and Brandon Jones, who’s Community Relations. Thank you very much.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you. Senator Hendon, for what purpose do you rise?

Thank you, Madam President. A point of personal privilege.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.

I just wanted to state that the Museum, the National Public Housing Museum, will be located in the 5th Senatorial District. And I will be asking all of my colleagues to help on this wonderful venture, which is part of what we really want to do on the Near West Side. And I wanted to thank Bern Nadette, also known as Thelma, for her coming on as the national spokesperson, because it’s great to have such a fine actress and my first TV wife as the new sponsor -- spokesperson for the National Public Housing Museum. Thank you, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senate Bills 3rd Reading. Ladies and Gentlemen of the 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Senate, we will be going to page 4 for Senate Bills 3rd Reading. Senate Bill 381. Senator Garrett. Out of the record. Senate Bill 388. Senator Wilhelmi. Senator Wilhelmi. Out of the record. Senate Bill 483. Senator Garrett. Senator Garrett. Senate Bill 483. Out of the record. President Cullerton -- oh, excuse me. Senator Cronin, on Senate Bill 580. He indicates he wish to proceed. Senator Cronin seeks leave of the Body to return Senate Bill 580 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 580. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cronin.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration? 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cronin, on Amendment No. 4.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Hendon, for what purpose do you rise?

Thank you, Madam President. I know it’s on the amendment, so I’ll be very, very brief. I would hope and -- that this tax cut was -- had an actual date certain when the taxes would be cut instead of a -- you know, going forward someday, maybe or maybe not, because we -- we did cut the sales tax for the County of Cook. So I think if we’re going to be fair, we should also cut it for DuPage. So I agree with the sponsor, but in committee, it was -- made it clear, at least to me, that this is really not a tax cut, but this is a -- a possible tax cut somewhere down the line.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cronin.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, all those in favor will say Aye. Excuse me -- Senator Hultgren, is that -- all those 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?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 580. Senator Cronin. He indicates he wish to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cronin.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Senator Hultgren, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, sir.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Hultgren. Senator Harmon is in the Chair. Senator Dillard, for what purpose do you rise? 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.

PRESIDING OFFICER: (SENATOR HARMON) Senator Cronin.

PRESIDING OFFICER: (SENATOR HARMON) Senator Dillard. 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Righter, are you seeking recognition?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.

PRESIDING OFFICER: (SENATOR HARMON) Senator Cronin.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Cronin.

PRESIDING OFFICER: (SENATOR HARMON) Senator Link, for what purpose do you rise?

…you, Mr. President. Will the sponsor yield for some questions?

PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates he will yield. Senator Link.

Senator Cronin, in your deliberation, you said that this would be DuPage County only, but yet you said there has to be another amendment that would be put on to make this DuPage only. Right now, if we pass this bill, this would affect other counties within the State of Illinois - is that true?

PRESIDING OFFICER: (SENATOR HARMON) Senator Cronin.

PRESIDING OFFICER: (SENATOR HARMON) Senator Link.

Thank you. Well, you know, I mean, that was -- that was a great legal opinion, but, I mean, I -- I don’t think it answered my question. But we’ll go on with that, because I do think - the opinions I’ve got - that this would open the door for some other counties and I -- and I have apprehension there, because I -- I -- you know, if it’s DuPage only, that’s another situation and I -- I would question it before we have the amendment on there. The other thing I’d like to know is how many members are going to be on -- appointed and how they’re going to be appointed. Because we had this question when it was in Local Government and I know the amendments were passed yesterday in Executive Committee. But I would like to know now how many members are going to be appointed, how they’re going to be appointed, and by who.

PRESIDING OFFICER: (SENATOR HARMON) Senator Cronin.

PRESIDING OFFICER: (SENATOR HARMON) Senator Link.

In the bill, you know, we don’t see the number seven, but, you know, I -- I -- I will yield to the sponsor that he, somewhere in the bill, says the number seven appears, but we don’t see that number seven. But I will yield to his wisdom that the number seven does appear there somewhere. So -- if he says it appears, you know, he’s a good lawyer and maybe it does appear, so I’ll -- I’ll say it does. To the bill, Mr. President. You know, I asked before the break that this -- this bill be held and the sponsor yielded and held this bill to work on it. I feel it wasn’t worked on enough, because those same mayors from DuPage that were calling numerous amount of us and asking us to hold this bill are still calling us. And -- and there’s still apprehension from counties that are asking that this would affect them possibly. I commend the sponsor of this bill if he truly wants to get rid of that quarter percent sales tax. I commend him if he wants to save taxpayer dollars. I commend him for the thought process of it, but nothing’s really in writing there. Nothing is definite on dates. Nothing is definite in the bill. If all this stuff was definite in writing, I don’t think there would be even any questions on this bill right now. I think this is -- the intent of this bill is good, but its time is not ready yet. And I would ask everybody 26  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 to, you know, -- and I agree, we shouldn’t be voting Present here, but this is one of these bills that its intent is good, but maybe there should be all yellow lights up there. And I would ask everybody to vote Present right now.

PRESIDING OFFICER: (SENATOR HARMON) Senator Cronin, were you wishing to respond? Senator Holmes, for what purpose do you seek recognition?

To the bill, Mr. President.

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

I represent a few precincts in DuPage and I have to admit this is an issue that I have talked with several people on both sides, both opposing and championing this bill. And while I have great respect for Senator Cronin and the work he has put into this, and there really has been an awful lot of effort in doing what is the right thing on this bill, I want to say I agree with my colleagues and I just don’t think it’s quite ready yet. So, I, along with my colleagues, am going to put a Present vote on this. I would love to see the work continue. And when we come out with a final product, I am sure it’s going to be a product that we’re able to support. So I want to thank the sponsor for -- his efforts, but I do want to explain that I’m also going to be voting Present on this.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Hendon, for what purpose do you seek recognition?

27  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Thank you, Mr. President. It’s wonderful that we have a lot of young people here today, because today, on this bill, they’re going to see what the framers of the Constitution really wanted - bipartisanship. There’s going to be some Democrats for the bill. There are going to be some Democrats against the bill. There are going to be some Republicans for the bill and some Republicans against the bill. That’s wonderful! That is wonderful! In addition, I have to -- as I said earlier, I wish Senator Cronin had made the sales tax elimination in the bill, with a date certain, because to just call it a sales tax cut -- elimination and not have it in the bill, I don’t think that’s quite right. Now, remember, the County of Cook had this problem. The County of Cook had a sales tax that people didn’t like, and guess what we did? Both sides of the aisle - we eliminated it. Not going into the future. We eliminated it. They had sale -- and still have financial problems right now. They had ‘em at the time, but we looked out for the people first. So I don’t understand why the sales tax in here is not eliminated with a date certain. Now, on the other side of the coin, in committee it was brought up that there was nineteen million dollars unaccounted for. And the actual term used by the lawyers who looked into it was “intentional”. Now, if -- if -- if -- if I misappropriated nineteen dollars, I’d be on the front page of the Tribune. We’re talking about nineteen million. And today, Senator Cronin said it’s seventy million dollars unaccounted for - at the same time while they borrowed thirty million dollars and are looking to borrow forty million more dollars. So it just drives me a little bananas that fiscally conservative Republicans would be against this idea, 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 given that scenario, which I believe is absolutely true. I also want to point out that it -- it -- it’s great that this is -- we -- we hate that this is happening, but it’s great that it’s not Cook County; it’s DuPage County. So this kind of thing can happen in any county. And I only bring that up because one of my former colleagues, a alderman from DuPage County, said -- sort of tried to blame it on Chicago yesterday. Well, it’s not a Chicago issue. It’s a DuPage County issue. I like staying out of their business, but it’s here before us and I’m going to vote Aye because of the things that I mentioned. But I do hope Senator Cronin would continue to negotiate with those who are against this. I do believe a seven-seven board could end up in a seven-seven tie, so I don’t understand why there’s not a -- I mean, why there’s a equal number, because you can end up with a fourteen-member board and a seven-seven tie on everything. But I’m going to support Senator Cronin today and I’ll be very, very interested in watching this leaderboard, watching this vote today. I hope the young people watch it, so they can finally see bipartisan cooperation when it comes to protecting different people’s interests.

PRESIDING OFFICER: (SENATOR HARMON) Senator Cronin, do you wish to close?

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 580 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 39 voting Aye, 5 voting Nay, 7 voting Present. And Senate Bill 580, having received the required constitutional majority, is declared passed. Senator Crotty, for what purpose do you rise?

I rise on a point of personal privilege.

PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.

Up in the gallery, right behind me, I have a class from Trinity Lutheran School here with their teacher, Lida Kulovitz, and I wish that all the Members of the Senate can join me in welcoming them to Springfield. 30  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HARMON) Will our guests in the gallery please rise to be welcomed to Springfield? Senator Hutchinson, for what purpose do you rise?

Thank you, Mr. President. I wanted to -- I wanted the record to reflect that I intended to vote Aye on the last bill, 580.

PRESIDING OFFICER: (SENATOR HARMON) The record will reflect your intent to vote Aye on Senate Bill 580. Thank you, Senator Hutchinson. Continuing on our Calendar. On page 4 of your printed Calendars, the Order of Senate Bills 3rd Reading, is Senate Bill 618. Senator Sullivan. Senate Bill 619. President Cullerton. Oh! I apologize, I’ve skipped the deadline. Senate Bill 620. Senator Noland. Senate Bill 655. Senator Lightford. Senate Bill 678. Senator Collins. Madam Secretary -- Senator Collins seeks leave to return Senate Bill 678 to the Order of 2nd Reading. Seeing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 678. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins, to present your amendment.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 3 retains Senate Bill 678 with some changes. It’s… 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HARMON) Senator -- Senator Collins, we are -- we’re on the Order of Floor Amendment No. 2.

No, it’s Floor Amendment No. 3.

PRESIDING OFFICER: (SENATOR HARMON) Senator, if you’d like to -- to take this bill out of the record for the moment, we’ll make sure all of our paperwork is in order and we will return to this. Senator Collins.

Thank you. Floor Amendment No. 2 basically puts in protections in reference to -- to tackle the problem of fraud, abuse and neglect in nursing homes. And it puts forth certain obligations as far as reporting and raising the -- or establishing the penalty as a Class A misdemeanor.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Collins moves for the adoption of Floor Amendment No. 2 to Senate Bill 678. 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?

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins, now on the order of Floor Amendment No. 3. I’m glad the paperwork caught up with us here. Thank you.

Thank you. Floor Amendment No. 3 retains Senate Bill 678, as amended by Floor Amendment No. 2, with some changes. 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Basically, changing -- or raising the legal standards of -- of culpability by changing “knowingly” to “willful” {sic} (willfully).

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? If not, Senator Collins moves to adopt Floor Amendment No. 3 to Senate Bill 678. 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?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 678. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 and 3 amends the Nursing Home Care Act as follows: First, any person, owner or licensee of a long-term care facility who willfully fails to (a) keep and maintain records required under the Act, (b) produce documents for inspection, or (c) make required disclosures under the amended Section, is guilty of a Class A misdemeanor - first violation. Violations thereafter are punishable as a Class 4 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 felony. Second, an owner or licensee of a licensed LTC facility who willfully files false information or causes false information to be filed to an agency, including the Illinois Department of Public Health or law enforcement, is guilty of a Class A misdemeanor. Basically, this legislation is an initiative of the AG’s Office and it also profiled basically in -- “Compromised Care”, a series of articles in the Chicago Tribune. I know of no opposition. And -- I would ask for your support.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) The -- the sponsor indicates that she will yield.

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins.

Thank you, Senator Righter. There is no opposition. The language in Floor Amendment No. 3 was worked out with the Health 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Care Council. So there’s no opposition.

PRESIDING OFFICER: (SENATOR HARMON) The gentleman from Mattoon/Charleston has no further comments? Is there any further discussion? Senator Collins, do you wish to close?

I just ask for an affirmative vote. Thank you.

PRESIDING OFFICER: (SENATOR HARMON) Question is, shall Senate Bill 678 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 50 voting Aye, none voting Nay, none voting Present. And Senate Bill 678, having received the required constitutional majority, is declared passed. Senator Hendon in the Chair.

PRESIDING OFFICER: (SENATOR HENDON) Thank you, President Harmon. All right, we’re going to pick up the pace a little bit. Senate Bill 692. Senator Muñoz. 692, sir. Out of the record. Senate Bill 731. Senator Delgado. Willie? Madam Secretary, read the bill. Senator Delgado seeks leave of the Body to return Senate Bill 731 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 731. Madam Secretary, read the bill. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Senator Delgado.

Thank you, Mr. President, Members of the Senate. Senate Bill 731 with Floor Amendment No. 2 becomes the bill. The bill increases the initial and renewal licenses fees for hospitals to thirty dollars a bed from zero. The Illinois Department of Public Health, IDPH, is authorized to reduce the amount of the fee by rule if, upon consultation with the Department of Healthcare and Family Services, IDPH finds that the fee would cause the State’s federally matched Medicaid funds to be reduced. The fees are deposited into the Hospital Licensure Fund, which provides programs, information, or assistance designed to improve patient safety and quality in hospitals. Money in the Fund is not subject to transfer to another fund or usable for anything other than specific purposes. And I would ask for your support.

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment’s adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 731. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

I would just ask for your Aye vote, Mr. President and Members.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado, to walk through the bill succinctly for us. Senator Delgado.

Thank -- thank you. As indicated before, with Floor Amendment No. 2 to 731, the bill increases initial and renewal licensure fees for hospitals from {sic} thirty dollars a bed to {sic} zero. There was never, ever a -- a price on those nursing home beds there. The Department of Public Health is authorized 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 to reduce the amount of the fee by rule if, upon consultation with the Department of Healthcare and Family Services, IDPH finds that the fee would cause the State’s federally matched Medicaid funds to be reduced. The fees are deposited into the Hospital Licensure Fund, which provides programs, information, or assistance designed to improve patient safety and quality in hospitals. Money in this Fund is not subject to transfer to any other fund or usable for anything other than specific purposes. And this has been worked out with Department of Public Health -- this -- the Chairman of Public Health, which is myself, and the Illinois Hospital Association. And I’m open for your questions, Mr. Righter.

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, is there anything further? Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

Thank you for the question, Senator Righter. No, it’s not. I’m very happy to know that we were able to negotiate. 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Actually, the Department wanted a higher fee, but we found out that hospitals don’t pay any fees for having nursing home beds. So this is a compromise with -- with Mr. Howard Peters III from the Illinois Hospital Association and his team and the Department of Public Health. And now it’s going to be thirty dollars if this bill becomes law.

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

Yes, thank you. If it would have affected our Medicaid- matched funds, then that’s when that fee would have been -- would be reduced, if indeed it interferes with our Medicaid- matched funds.

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

Yes, thank you, Senator Syverson. As you know, there -- as we are both on Public Health, it is an annual fee. It’d be an annual fee. We -- as you are our spokesperson on the Republican side on the committee, this was handled in our Department of -- our Committee of Public Health. And so it will be just every year for thirty dollars. And this was worked out between the Hospital Association, the Department of Public Health, myself, and all the other team players as to coming up with some kind of number to help in this type of economy that we’re in. And we found that there was no charges at all for hospitals who were conducting business in nursing home areas within their hospitals. So this is an agreement among all parties right now.

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

Thank you. I stand corrected. It’s all -- all the beds. I appreciate that clarification.

PRESIDING OFFICER: (SENATOR HENDON) 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

Right. It would be used for the purpose of providing programs, information, or assistance designed to provide patient safety and quality in the hospitals.

PRESIDING OFFICER: (SENATOR HENDON) Are you -- Senator Syverson. Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

There -- there was an issue of debate on what it was going to be used for and they’ve all come together on the language. It won’t be used for any surveyors. It will be used for the stated items that I’ve given to you here - improve patient safety and quality in hospitals, which is also language agreed 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 upon by the Hospital Association and the Department of Public Health.

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson, if you could, this is getaway day. Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Let me remind you, this came out of committee 9 to 1 {sic} and we’ve spent an awful lot of time on it. Senator Delgado.

Thank you. We do not have an exact number on that yet, sir. And that is being compiled among -- between the Hospital Association and Department of Public Health. We can have that number at a later date. But you’re my -- you’re our spokesperson on the Committee of Public Health and we have -- went through this already in the -- on our Health Committee.

PRESIDING OFFICER: (SENATOR HENDON) Let me correct myself. It came out of committee 10 to nothing {sic}. Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

…is -- that is correct, Senator Syverson. It’s in the legislation. And, yes, it is. And the -- and by the way, it would have been fifteen hundred dollars, the proposal, and down to thirty. I think we made significant progress for both sides.

PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

No. I -- I’m the Chairman of Public Health Committee and - - the first steps were -- it was -- what happened initially was we had to redo the bill. We had a series of meetings. And Howard Peters III and Kathleen Dunn, they are on board. They are part of the negotiation that got the fee to thirty dollars. It… 43  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

The benefit will be to the patients’ safety, the quality in hospitals. So both sides win, the State and the Hospital Association itself, for providing programs and information, in terms of the actual safety, in terms of what’s happening in our hospital system, and between the two of them. IDPH had indicated more than seventy percent of the complaints of hospitals received by IDPH -- so this actually gives them an opportunity to get even more efficient in their ability to provide services.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 731 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 33 voting Aye, 16 voting Nay, none voting Present. Senate Bill -- 33 voting Aye, 16 voting Nay, none voting Present. Senate Bill 731, having received the required constitutional majority, is declared passed. Senate Bill 936. Senator Lightford. 936, ma’am. Out of the record. Senate Bill 1051. Senator Wilhelmi. 1051. Out of the record. Senate Bill 1058. Senator Hunter. 44  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 1058. Out of the record. Senate Bill 1346. Senator Wilhelmi. 1346. Out of the record. Senate Bill 1503. Senator Harmon. 1503. Senator Harmon. Out of the record. Senate Bill 1888. Senator -- out of the record. Senate Bill 2060. Senator Kotowski. 2060, sir. Be ready. Out of the record. Senate Bill 2485. Senator Haine. 2485. Senator Haine. Out of the record. Senate Bill 2493. Senator Link. 2493. Senator Link. Out of the record. Senate Bill 2503. Senator Haine. 2503, sir. Out of the record. Senate Bill 2505. Senator Frerichs. Madam Secretary, read the bill. Senator Frerichs seeks leave of the Body to return Senate Bill 2505 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 2505. Madam Secretary, have there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs, to explain your amendment, sir.

The amendment becomes the bill. I’ll be happy to explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, all those in favor, vote Aye. Opposed, vote Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs, to explain Amendment No. 2.

Senate Amendment No. -- No. 2 becomes the -- part of the bill as well. I’ll be happy to explain it on 3rd Reading.

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?

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs, on Amendment 3.

Be happy to explain that on 3rd Reading as well.

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?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2505. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.

Thank you very much, Mr. President. Senate Bill 2505 amends the Property Tax Code by giving county and municipal authorities the power to tax consenting properties which are located in designated green special service areas. By consenting to the tax, the properties would have access to money generated by bonds to finance energy efficiency improvements to their property. The revenue generated from the special tax over time would be used to pay off the bonds.

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, 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 37 voting Aye, 11 voting Nay, 1 voting Present. Senate Bill 2505, having received the required constitutional majority, is declared passed. Senate Bill 2516. Senator Silverstein. 2516. Out of the record. Senate Bill 2547. Senator Demuzio. 2547, ma’am. Madam Secretary -- Senator -- Senator Demuzio seeks leave of the Body to return Senate Bill 2547 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 2547. Madam Secretary, have there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio, on Amendment No. 2.

Yes, Amendment No. 2 becomes the bill.

PRESIDING OFFICER: (SENATOR HENDON) 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?

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio, on Amendment 3.

Yes. Yes, it’s a technical change and I’ll -- I’ll…

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, 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?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2547. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

Yes, thank you, Mr. Chairman {sic} and Members of the Senate. As amended, Senate Bill 2547 allows members to establish optional earnings credit for money that otherwise would have been received for being a National Board Certified Teacher with funds available between January the 1st, 2010, and -- and June 30th, 2010. We did change that credit through 2011. It allows members to establish optional earnings credit for money that they -- otherwise would have been -- received. This is a cost-neutral bill. And I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) Indicates she will. Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

I think, Senator Righter, you know that with the fiscal restraints that we have here that this is part of the reason that we’re not able to make that three thousand dollars, I believe, stipend that we had promised them. But at the same time, they’re willing to make a contribution. They’re going to pay. It’s a cost-neutral, so that if, at some point, we would be able to go back and make that -- that contribution to them.

PRESIDING OFFICER: (SENATOR HENDON) 51  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Senator Righter. Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

Senator, these individuals have already been through their certification. They’ve already -- have done everything that was required of them. What we’re -- I would say that your analysis would be accurate in saying that, yes, we owe them these dollars. We promised them. It’s like anything else. We have vendors out here now that we have made promises to. They’re not getting their dollars. But, in this particular case, these individuals, it happens to apply. They’re teaching in our local communities. They’re teaching in our schools. And what, at some point, they would like -- they have made the offer to go ahead and buy in their time, to buy in their portion and, yes, I would say that your analysis would be fairly correct. Yes.

PRESIDING OFFICER: (SENATOR HENDON) The -- I’m -- I’m sorry. Senator Luechtefeld. And we have ground to a halt. Let me make you aware of that. Senator Luechtefeld. 52  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

Senator, the -- the bill calls for June of 2011 for them to make that determination.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2547 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 37 voting Aye, 13 voting Nay, none voting Present. Senate Bill 2547, having received the required constitutional majority, is declared passed. Senate Bill 2550. Senator Harmon. 2550, sir. Out of the record. Senate Bill 2556. Senator Haine. Madam Secretary, read the bill. Senator Haine seeks leave of the Body to return Senate Bill 2556 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 2556. Madam Secretary, have there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2556 is applicable to the metro east of the St. Louis Metropolitan Area, which is Madison, St. Clair and Monroe County, and it provides a statutory definition of the term “100-year floodplain”. It amends various Acts to put -- to say what that definition is. This is a result of Governor Rod Blagojevich’s Executive Order of 2006 prohibiting construction in floodplains, one-hundred-year flood -- floodplains, and the - - the haphazard way it was enforced, causing economic hardship in my area. The bill is narrowly drafted. It’s drafted to take into account the massive federal levee system in my area. And if that levee system is decertified, this law is not applicable. It also requires a flood protection district -- a -- a board and a tax in an effort to reconstruct the levees. It does not apply to areas of inundation that are adjacent to -- to the levees. Those are still in a floodplain. These are IDNR’s concern. And we have another amendment which was too late to put on this bill, but will be put onto the House that IDNR and IEMA wanted, and they’re now neutral on the bill.

PRESIDING OFFICER: (SENATOR HENDON) Any discussion on the amendment? Senator Risinger, on the amendment, sir.

PRESIDING OFFICER: (SENATOR HENDON) On the amendment, 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?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2556. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, for a brief discussion. Senator Haine.

Mr. President, I reiterate what I just said previously.

PRESIDING OFFICER: (SENATOR HENDON) Senator Jones. John Jones.

PRESIDING OFFICER: (SENATOR HENDON) 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 The question is, shall Senate Bill 2556 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, none voting Nay, none voting Present. Senate Bill 2556, having received the required constitutional majority, is declared passed. Senate Bill 2627. Senator Silverstein. Out of the record. Senate Bill… We’re going to take all of -- 2820. Senator Althoff. Out of the record. We -- we passed all of President Cullerton’s bills, which brings us -- pretty much to the end. 2863. Senator Althoff. Madam Secretary, read the bill. Senator Althoff seeks leave of the Body to return Senate Bill 2863 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 2863. Madam Secretary, have there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff, on Amendment 1.

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? 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2863. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2863 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 40 voting Aye, 7 voting Nay, none voting Present. Senate Bill 2863, having received the required constitutional majority, is declared passed. Senate Bill 2925. Senator Frerichs. Madam Secretary -- Senator 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Frerichs seeks leave of the Body to return Senate Bill 2925 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 2925. Madam Secretary, have there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs, on the amendment.

Thank you very much, Mr. President. The Floor amendment becomes the bill. I’ll be happy to speak about it 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?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2925. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs. 58  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

Thank you very much, Mr. President. This bill would create a registration and voting pilot project for the 2010 general election. The pilot project would require election authorities to conduct grace period registration, grace period voting, and early voting at the public universities and colleges within their jurisdiction, and to report the results to the State Board of Elections. It requires universities and colleges to provide space in a central, high student traffic area.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.

I think this would be a requirement on some units of government in the State of Illinois in order to increase voter participation.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Burzynski. 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.

Not specifically on this bill. There are other funds from the State coming in to support the county clerk’s office, the offices that are charged with making sure that people are able to vote in the State of Illinois.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.

The problem we’re trying to correct here is the low - some would say abysmal - voting turnout from the young people of our State of Illinois. And it’s been shown that if you get young people voting early, they continue to be voters throughout the rest of their lives. If they don’t vote early, some people go many stretches of years without participating in our democracy. And so the problem here is low voter turnout and we want to take down some barriers for voting for our young people to increase participation in our system of democracy.

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.

My understanding is, it is for the main campus. That may not be… 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Senator Righter. 62  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HENDON) 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Further discussion? Senator Sandoval.

Thank you, Mr. President, Members of the Illinois Senate. I stand in support of Senate Bill 2925. And, I think, contrary to the belief on -- contrary to the belief of my colleagues on the other side of aisle who don’t believe in transparency and, quite honestly, don’t believe in full democracy in America, Ladies and Gentlemen of the Illinois Senate, this is a small price to pay, and it’s -- actually, you cannot put a price tag on democracy. And for the young people in America and Illinois to go out to vote, what we should be pushing every day here, whatever it takes, is that every student at Northern Illinois vote and that every student at Southern Illinois votes. We should make voting as accessible as possible - accessible as possible. And we want all those young Latinos, we want all those young African-Americans, and we want all those young hardworking white ethnics to come out at Northern and at Southern every election cycle, primary and general election. We need young America, young people of Illinois at Northern and at Southern and all our universities throughout this great State of Illinois to have an opportunity to vote, while their getting an education. I ask all Members, on this side of the aisle especially, to consider voting for Senate Bill 2925. There’s no price tag you can place on democracy in Illinois.

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs, to close.

Thank you very much, Mr. President. I think there’s been some good arguments made here tonight -- today. I agree that we 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 shouldn’t really be putting a price tag on democracy, having our young people participate in society, but I was glad to hear the comments made about consistency. So I think a lot of those Members who thought that we ought to have democracy and special elections and -- and decrease barriers of participation would be consistent with a vote Yes. Thank you very much.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2925 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 31 voting Aye, 20 voting Nay, and none voting Present. Senate Bill 2925, having received the required constitutional majority, is declared passed. Senator Haine. One sec -- I’ll be right with you. Senator Haine, for what purpose do you seek recognition, sir?

Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR HENDON) State your point. State your point, then I’ll come to…

Mr. -- Mr. President, I wish to introduce guests from my area, a leadership academy, Monica Bristow and the River Bend Growth Association. They’re here observing democracy in action, even though it’s a little contentious. Would the Senate please welcome them?

PRESIDING OFFICER: (SENATOR HENDON) Would the -- guests please rise and be welcomed to the Senate? Welcome. Senator Burzynski, for what purpose do you 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 seek recognition, sir?

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski seeks verification on the last roll call. Verification is in order. Will all Members voting in the affirmative please be in their seats? The Secretary will read the affirmative votes. Madam Secretary.

PRESIDING OFFICER: (SENATOR HENDON) Does Senator Burzynski question the presence of any Member voting in the affirmative? Senator Burzynski.

PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs? Senator Jacobs? Senator Mike Jacobs? Is that Senator Jacobs? Just -- they all don’t look alike. Is Senator Jacobs in the Chamber? Senator Jacobs? My good friend, Senator Jacobs - last call - is not in the Chamber. The Secretary -- Madam Secretary, strike Senator Jacobs’ name. Does the -- Senator Burzynski question the presence of any other Senator voting in the affirmative? 66  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg? Senator Jeff Schoenberg? Senator Jeff Schoenberg in the Chamber? Senator Schoenberg? Not seeing Senator Schoenberg or him answering the call, we will conclude that he is not in the Chamber. Madam Secretary, please strike Senator Schoenberg’s name from the roll. Senator Burzynski, no further… On a verified roll call, there are 29 voting Aye, 20 voting Nay, and none voting Present. Senate Bill 2925, having failed to receive the required constitutional majority, is declared failed. Senator Frerichs, for what purpose do you seeking recognition, sir?

Thank you, Mr. President. I’m rising because unfortunately some of my colleagues who voted Yes had to leave early. I would ask the bill be put on Postponed Consideration.

PRESIDING OFFICER: (SENATOR HENDON) Bill shall be put on Postponed Consideration. Senator Harmon in the Chair. And don’t forget to bring your softball gear next week.

PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, on page 27 of your printed Calendar, on the Order of Senate Bills 3rd Reading is Senate Bill 2950. Senator Silverstein. Senate Bill 2970. Senator Jones. Senator Emil Jones. Senate Bill 2988. Senator Pankau. Senate Bill 3064. Senator Trotter. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

Thank you, Mr. President, Members of the Senate. Senate Bill 3064, as amended, amends the General Not For Profit Corporation Act to prohibit a homeowners’ association from dredging any sediment or silt from a body of water located within a common area of the association or redepositing sediment or silt on any property within that association, unless testing, notice, and member approval requirements are met. Any member of the homeowners’ association may obtain injunctive relief if the requirements are not met. Homeowners’ associations with more than four hundred members are exempt from the provisions of this bill.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Burzynski, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates he’ll yield. Senator Burzynski.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

Thank you very much. It’s great that you have some constituents who have the luxury of having a second home that they are not maintaining or -- or don’t have to reside in on a regular basis. The issue here are those individuals, who are dues-paying association members, do not have say-so when these dredging bubbles and balloons are placed in their backyards and, especially, when there is no criteria to ascertain, in fact, is the water that they’re putting, that they’re dredging from the lake, the common area lake, that essentially drains into their common area where their children play, is -- is not being tested and with no democratic process of them even having a vote.

PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

When they were trying to get at least a -- a -- a majority vote or a percentage of people who would vote, some of those associations probably included some of your constituents who didn’t have a home and couldn’t make the vote that was there, those -- the real large condominium associations or -- or homeowners’ associations, so Senator Haine asked us would we exempt those over four hundred. And if you wish, and if I could, defer to Senator Haine. He can probably explain it a little bit more.

PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter, are you prepared to yield for additional questions?

Yes, I’m prepared to yield. It’s just if you weren’t satisfied with my answer, I was going to say, since it was Senator Haine’s amendment, he can sort of explain it better than I.

PRESIDING OFFICER: (SENATOR HARMON) 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 …Burzynski, is it all right if we recognize Senator Haine?

PRESIDING OFFICER: (SENATOR HARMON) Then come back to you? Certainly. Senator Haine.

Thank you, Mr. President and -- and Members of the Senate. This -- I have a community in my district called Holiday Shores with a large lake. This is -- this entity has over two thousand homes. It’s been there since the early/mid-sixties. And they didn’t want to be under the terms of the bill because they didn’t understand. The way -- the way they do it is quite different and getting people to a meeting with two thousand members, they tell me, would have been impossible, because people just don’t show up. They’re very happy there, so you don’t have a lot of controversy, so people would rather go fishing or golfing than show up at the meeting. So I just wanted out from under the numbers requirement and the Senator was gracious enough to make the limit four hundred. Four hundred and above is out.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Haine. Returning to Senator Burzynski for additional questions.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Risinger, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Senator Bivins, are you seeking recognition?

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, Senator Trotter, do you wish to close?

Just to say, those homeowner associations that are in compliance with the federal laws and the State laws, the EPA laws, this won’t have any impact on them. If they already have their equipment and they’re doing it, great. This is to protect those homeowner associations that do not get the same protection and do not have a voice in, in fact, when these lakes are dredged for -- and how the impact is going to be on their families and their quality of life. And I just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 3064 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 30 voting Aye, 18 voting No, none voting Present. And Senate Bill 3064, having received the required constitutional majority, is declared passed. Senator Burzynski, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski has requested a verification of the roll call. That request is in order. Will the Members please be at their seats? The Secretary will read the affirmative votes.

PRESIDING OFFICER: (SENATOR HARMON) Does Senator Burzynski question the presence of any Member voting in the affirmative?

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval? Is Senator Sandoval in the Chamber? Senator Sandoval? Senator Sandoval hiding in the Chamber? 74  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Madam Secretary, strike Senator Sandoval’s name from the record. Senator Trotter, for what purpose do you rise?

Thank you very much, Mr. President. I rise for purpose of placing this bill on Postponed Consideration.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter moves to place Senate Bill 3064 on the Calendar on the Order of Postponed Consideration. Senator Burzynski.

PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski, I would refer you to -- agreeing that this is -- appears to be novel territory, but pursuant to Senate Rule 7-5(b), during a roll call, no motion, except a motion to postpone consideration, shall be in order until after the -- the announcement of the result of the vote. The motion appears to be in order. Senator Trotter, are you prepared to withdraw your motion for the moment and we will return to you after we’ve followed our normal procedures? Senator Burzynski, did you question the presence of any other Senators in the Chamber? On a verified roll call, there are 29 voting Aye, 18 voting No, none voting Present. And Senate Bill -- Senator -- Senator Sandoval is in the Chamber, Senator Burzynski. Do you -- do you question the presence of -- Madam Secretary, can you pull back the -- the roll there and -- and restore Senator Sandoval to the roll? Senator Burzynski, do you question the presence of any other Members of the Senate? 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein? Is Senator Silverstein in the Chamber? Senator Silverstein? Madam Secretary, strike Senator Silverstein’s name from the roll call. Senator Burzynski, do you question the presence of any other Members of the Senate?

PRESIDING OFFICER: (SENATOR HARMON) On a verified roll call, there are 29 voting Aye, 18 voting Nay, and none voting Present. And Senate Bill 3064, having failed to receive the required constitutional majority, is declared failed. Senator Trotter, for what purpose do you rise?

A purpose of a motion to place this on Postponed Consideration, please.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter moves to place Senate Bill -- Senate Bill 3064 on the Order of Postponed Consideration. That request is in order and it will be so ordered. Senator Hendon in the Chair.

PRESIDING OFFICER: (SENATOR HENDON) The Committee on Assignments will meet immediately in the President’s Anteroom. Will all the members of the Committee on Assignments please come to the President’s Anteroom immediately? The Senate will stand at ease until the Committee on Assignments is finished with its biz. Once again, would the members of the 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Committee on Assignments please come to the President’s Anteroom immediately - immediately? The rest of us cannot do anything until the Committee on Assignments meets. Will the members of the Committee on Assignments please come to the President’s Anteroom? (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon -- the Senate -- the Senate -- the Senate will reconvene. Senator Holmes, for what purpose do you seek recognition?

Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR HENDON) State your point.

I just want to take the time to have everybody welcome a constituent of mine from Aurora, Deborah Estopellan, from Aurora, Illinois. Welcome to the Senate.

PRESIDING OFFICER: (SENATOR HENDON) Will our guest please rise? Welcome to the Illinois Senate. Welcome them to the Senate, Senators. By way of announcement, don’t forget, next week is the big softball game. We’re going to win it in the name of Frank Watson, who was here yesterday. Leader Watson. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon in the Chair.

PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, we are still on the Order of Senate Bills 3rd Reading. Senate Bill 3151. Senator Link. Senate Bill 3215. Senator Trotter. Senate Bill 3231. Senator Sandoval. Senator Sandoval. Senator Trotter, did you wish us to return to your bill? Madam Secretary, with leave of the Body, we’ll return to Senate Bill 3215. Senator Trotter seeks leave of the Body to recall Senate Bill 3215 to the Order of 2nd Reading. Madam Secretary, if there -- seeing no objection, leave is granted. Now on the Order of 2nd Reading is 78  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Senate Bill 3215. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter, to present Floor Amendment No. 3.

Thank you very much, Mr. President, Members of the Senate. Senate Bill 3215, Amendment No. 3, is an agreed bill between CMS and AFSCME. It amends the Personnel Code by adding to the list of positions, giving a partial exemption to the Department of Central Management Services’ jurisdiction. The categories given are -- an exemption are persons having specialized information technology training or persons maintaining certification in information technology specifically required by the position described by the description issued by CMS. This group is exempted from certain Sections of the merit and fitness classification of the Personnel Code, which allows the Department to easily and properly select qualified IT personnel. The Section also grants partial exemptions in this category which will sunset in two years.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion of the amendment? Seeing none, Senator Trotter moves to adopt Floor Amendment No. 3 to Senate Bill 3215. 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?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3215. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

Thank you very much, Mr. President, Members of the Senate. Again, the Amendment No. 3 actually became the bill. And if there’s any further discussion, I’m willing to answer questions.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter. 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010

Thank you very much for your time. What has happened is, when we shifted personnel from the Comptroller’s Office over to Professional Regulations, there were members who were going from there who didn’t fit the exact Personnel Code for the positions that were in that Department. So, what has happened with discussions with AFSCME, in working with AFSCME, they said they wanted to make -- ensure that those individuals, at least for this two-year period, that the private secretaries for directors of boards of commissions that have offices in both Springfield and Chicago would be exempted. Those are already the exemptions that they have. So there are presently some exemptions. Those new exemptions would be the IT mainframe manager and specialist, the IT enterprise architect, the IT security remediation specialist, the senior network architect - the voice over for -- Internet protocol, senior network architects - routing and switching, and senior network architects for the optical. And it goes further on and there’s some other positions as well.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

Per agreement with the union, it would be capped at fifteen 81  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 individuals.

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 3215 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 46 voting Aye, none voting Nay, none voting Present. And Senate Bill 3215, having received the required constitutional majority, is declared passed. Senate Bill 3251. Senator Sandoval, do you wish to proceed? Senator Sandoval. Senate Bill 3320. Senator John Jones. Madam Secretary -- Senator Jones seeks leave of the Body to return Senate Bill 3320 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3320. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones, to present your amendment.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion of the amendment? Seeing none, Senator Jones moves to adopt Floor Amendment No. 1 to Senate Bill 3320. 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 82  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3320. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 3320 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 voting Aye, none voting Nay, none voting Present. And Senate Bill 3320, having received the required constitutional majority, is declared passed. Continuing on our printed Calendars, on page 29, still on the Order of Senate Bills 3rd Reading, is Senate Bill 3343. Senator Clayborne. Senate Bill 3346. Senator Steans. Madam Secretary, Senator Steans seeks leave of the Body to return Senate Bill 3346 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading 84  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 is Senate Bill 3346. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Steans, to present your amendment.

The amendment becomes the bill and I’ll explain it on 3rd.

PRESIDING OFFICER: (SENATOR HARMON) Senator Steans has moved for the adoption of Floor Amendment No. 4 to Senate Bill 3346. 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?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3346. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.

Thank you, Mr. President, Members of the Chamber. Senate Bill 3346 creates the Mercury Thermostat Collection Act. It’s been an agreed-to bill now between environmental groups and the 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 thermostat manufacturers and will provide a system of setting collection targets and a program that the manufacturers will be putting in place. I would encourage an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 3346 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 voting Aye, none voting Nay, none voting Present. And Senate Bill 3346, having received the required constitutional majority, is declared passed. Senate Bill 3348. Senator Steans. Senator Steans, are you ready to proceed on 3rd Reading? Senator Steans. Sorry. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Steans, to present your bill.

Thank you, Mr. President, Members of the Chamber. This -- we weren’t quite ready to adopt the amendment. It’s very close to being agreed to. But this is just a shell bill now. We’ve heard it in Exec a couple of times. We’re very close. What the bill will do is provide for a new classification for craft distilleries and enable those small distilleries, similar to the wineries and microbreweries, to allow tour groups to come in, sample product on the premise, and sell product on the premise. 86  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 We’ve been working and I think there’s an understanding that we will get an agreement in the House on this bill. Appreciate a supportive vote.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she’ll yield. Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.

Right. That is correct.

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 3348 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, 1 voting No, 1 voting Present. And Senate Bill 3348, having received the 87  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 required constitutional majority, is declared passed. Senate Bill 3375. Senator Haine. Senate Bill 3378. Senator Haine. Senate Bill 3474. Senator Wilhelmi. Senate Bill 3482. Senator Steans. Senate Bill 3489. Senator Steans. Senate Bill 3513. Senator Emil Jones. Madam Secretary, Senator Jones seeks leave of the Body to recall Senate Bill 3513 to the Order of 2nd Reading for the purposes of amendment. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3513. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones moves for the adoption of Floor Amendment No. 4 to Senate Bill 3513. 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?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3513. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 3513 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, none voting Nay, none voting Present. And Senate Bill 3513, having received the required constitutional majority, is declared passed. Senate Bill 3523. Out of the record. Senate Bill 3558. Senator Sandoval. Senate Bill 3560. Senator Sandoval. Senate Bill 3716. Senator Frerichs. Senator Frerichs seeks leave of the Body to return Senate Bill 3716 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3716. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs, to explain your amendment.

This amendment deletes everything and becomes the bill. I’d like to explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs moves to adopt Floor Amendment No. 1 to Senate Bill 3716. Senator Bomke, are you seeking recognition on this amendment? There being no discussion, Senator Frerichs has moved for the adoption of Floor Amendment No. 1 to Senate Bill 3716. All in favor will vote Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

Mr. -- Mr. President, this bill creates a bicameral and bipartisan nine-member task force with representatives from the cities, counties, commercial truckers and global positioning technology. This task force is charged with making recommendations on the utilization of Global Positioning System devices, GPS, by commercial trucks.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion on the amendment? Senator Jones, are you seeking recognition on the amendment? Senator John Jones.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Bomke, are you seeking recognition on this amendment?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield.

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

The members of the task force will not be paid. So there’s some administrative time involved in it, but that’s it.

PRESIDING OFFICER: (SENATOR HARMON) Senator Bomke.

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

No, it’s not my intent to specific -- to specify any specific company or provider for the task force.

PRESIDING OFFICER: (SENATOR HARMON) Senator Bomke.

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

Sure. As we see a proliferation of GPS devices in people’s cars and trucks, we’ve seen issues with trucks being on roads that they’re not supposed to be on. I had an experience in my district where a truck was running down the interstate and ran into a bridge. That bridge is now out of commission. It’ll probably cost a couple million dollars to replace. There are truck drivers out there who get familiar with these -- or these devices in their cars. They put in an address, it tells them a 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 way to get there that may be a good way for a car to get there, but it doesn’t highlight to them that there are bridges they can’t get under; there are roads that are posted. And the idea with this technology, as it improves - there are issues - is it would be able to route them a proper way for a truck.

PRESIDING OFFICER: (SENATOR HARMON) Senator Bomke.

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

I would -- I would just say that there are many people who have stopped using maps. They look at their Garmin, whatever their GPS device is, and rely on that, rather than looking at those maps.

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion on Senator Frerichs’ amendment? Seeing none, Senator Frerichs moves to adopt Floor Amendment No. 3 to Senate Bill 3716. All those 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?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate 93  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 Bill 3716. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

Thank you very much. I think we’ve had a little bit of discussion here, but I just wanted to add that GPS devices are emerging technology and other states, such as New York, have raised concerns about commercial trucks using non-truck- attributed GPS devices. The core concern of using the wrong type of GPS is an increase in road damage and bridge strikes. This legislation creates an independent look at those severe public safety concerns and the ways in which Illinois can avoid expensive damages, unsafe behavior, and community disruption.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Dahl, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates…

PRESIDING OFFICER: (SENATOR HARMON) …that he will yield. Senator Dahl.

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

Well, for -- from my perspective, there was a bridge strike in my district. I had spoken with a lobbyist who represents a company that provides an alternative to this. But this is not devoted towards one specific company. There are many companies out there that provide this. Almost all GPS providers that you would get at a Wal-Mart or your store for your car also produce some sort of truck-specific version.

PRESIDING OFFICER: (SENATOR HARMON) Senator Dahl.

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

It was over Interstate 74.

PRESIDING OFFICER: (SENATOR HARMON) Senator Dahl.

PRESIDING OFFICER: (SENATOR HARMON) Further discussion? Senator Risinger, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, Senator Frerichs, do you wish to close?

I -- I would just like to answer. I was asked what prompted this and there was a bridge strike and there was a lot of references made to this GPS wouldn’t solve that. I don’t know what GPS they’re referring to, because this is a task force. There’s no specific GPS mentioned in this task force. That’s what provoked my asking some questions. There’s also another example of a manufacturer in my district that has a lot 97  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 of trucks going in and out. There is a bridge that is not under an interstate -- that is not going over an interstate that numerous trucks drive through a residential area, because they plug into their GPS. The best way to get there -- there is under this bridge. They end up backing up. They end up tearing people’s -- tearing up people’s yards in this neighborhood. There are real problems out there. We can pick apart that one example that I didn’t say actually would have been solved by any GPS system. That’s what started a conversation with some people. So I think this is a task force that has been a result of a lot of compromise. I would request a favorable vote.

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 3716 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, 14 voting Nay, none voting Present. And Senate Bill 3716, having received the required constitutional majority, is declared passed. Senate Bill 3750. Senator Kotowski. Senate Bill 3775. Senator Wilhelmi. Senate Bill 3781. Senator Collins. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins.

Are there any amendments? No amendments? Great. Thank 98  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 you. Basically, Senate Bill 3781, as amended, really brings Illinois in compliance with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, formerly known as the S.A.F.E. Act. This legislation was passed last Session and this is as a request of the Department of Financial and Professional Regulations. And I would just ask for a -- a affirmative vote.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 3781 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 46 voting Aye, none voting Nay, none voting Present. And Senate Bill 3781, having received the required constitutional majority, is declared passed. Senator Clayborne, are you seeking recognition? Ladies and Gentlemen of the Senate, we’re still on the Order of Senate Bills 3rd Reading. Senate Bill 3786. Senator Wilhelmi. Senate Bill 3822. Senator Steans. Ladies and Gentlemen of the Senate, we’re going to stand at ease for just a few moments to make sure our paperwork is in order and in a moment the Committee on Assignments will meet in the President’s Anteroom. We’re standing at ease just for a moment to get our paperwork in order. Ladies and Gentlemen of the Senate, the Senate Committee on Assignments will meet immediately in the President’s Anteroom. The Committee on Assignments will meet immediately in the President’s Anteroom. Will all members of the Committee on Assignments please report to the President’s Anteroom? Senator Cullerton in the Chair. 99  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 4/15/2010 (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, Senate Calendar, Supplemental Calendar No. A has been… Thank you. I apologize. I’ve been corrected, appropriately. Senate Supplemental Calendar No. 2 has been distributed to the Members’ desks. On the Calendar, Supplemental Calendar No. 2, is the Order of Secretary’s Desk, Resolution. On that Order is House Joint Resolution 107. Senator Althoff. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Because the resolution may require the expenditure of State funds, we will have a roll call vote on House Joint Resolution 107. 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 45 voting Aye, none voting Nay, none voting Present. And Senate -- House Joint Resolution 107, having received the required constitutional majority, is declared adopted. 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. Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?

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. The motion carries, and the resolutions are adopted. On the Order of Resolutions is Senate Joint Resolution 123. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 123. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Lightford now moves for the adoption of Senate Joint Resolution 123. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 noon on the 20th day of April, 2010. The Senate stands adjourned. 102