PRESIDING OFFICER: (SENATOR HARMON) The regular Session of the 96th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? Our invocation today will be given by the Reverend Walt DeMoss, from St. Paul Lutheran Church, in Aurora, Illinois. THE REVEREND WALT DeMOSS: (Prayer by the Reverend Walt DeMoss)
PRESIDING OFFICER: (SENATOR HARMON) Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, Reading and Approval of the Journal.
Senate Journals of February 3rd and 4th, 2010.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Mr. President, I move that the Journals just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Approval of the Journals.
Senate Journal of Wednesday, April 28th, 2010. 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journals just read by the Secretary, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter moves to postpone the reading and approval of the Journals, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Committee Reports.
Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Resolutions 762, 779, 781, 783 Be Adopted; Senate Resolution 758 Be Adopted, as Amended; and Senate Joint Resolution 80 Be Adopted, as Amended; and Senate Amendment 2 to House Bill 5065 and Senate Amendment 2 to House Bill 5571 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, Resolutions.
Senate Resolution 803, offered by Senator McCarter and all Members. Senate Resolution 804, offered by Senator McCarter and all Members. Senate Resolution 805, offered by Senator Wilhelmi and all Members. They are death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Resolutions Consent Calendar.
Senate Resolution 801, offered by Senator Silverstein. Senate Resolution 802, offered by Senator Garrett. They are substantive.
PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2817. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1. We have received like Messages on Senate Bill 3094, with House Amendment 1, and Senate Bill 3249, with House Amendment 1. All passed the House, as amended, April 28th, 2010. Mark Mahoney, Clerk of the House. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 103. Offered by Senator Maloney and adopted by the House, April 28th, 2010. Mark Mahoney, Clerk of the House. 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, we’ve concluded our organizational paperwork for the day. We’re going to turn to substantive Senate action. If all Members within the sound of voice could be on the Floor, we’re going to start with House Bills 2nd Reading. If all Members within the sound of my voice could be on the Floor. Ladies and Gentlemen of the Senate, on your -- your printed Calendar on page 46, on the Order of House Bills 2nd Reading, we’re going to start at the top of our -- our Calendar and work our way through. I encourage you to move your bills from 2nd to 3rd if you intend to proceed with them this Session. Starting at the top of the page, House Bill 19. House Bill 80. House Bill 150. House Bill 537. House Bill 543. House Bill 707. House Bill 895. House Bill 923. House Bill 1026. Senator Wilhelmi. House Bill 1075. House Bill 1313. House Bill 2254. House Bill 2263. House Bill 2332. House Bill 2369. House Bill 2386. House Bill 2428. House Bill 2598. House Bill 3677. House Bill 3806. House Bill 3833. House Bill 3845. House Bill 3900. House Bill 3962. House Bill 4667. Senator Lightford. House Bill 4681. House Bill 4711. Senator Maloney. House Bill 4778. Senator Koehler. Senator Koehler. House Bill 4825. Senator Delgado. House Bill 4973. Senator Luechtefeld. House Bill 4984. Senator Koehler. House Bill 5065. Senator Lightford. House Bill 5080. Senator Lightford. House Bill 5085. Senator -- Koehler. House Bill 5183. House Bill 5230. Senator Murphy. House Bill 5290. Senator Dillard. Madam Secretary, read the bill.
4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 House Bill 5290. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) There been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 5331. Senator Sullivan. House Bill 5416. House Bill 5429. Senator Noland. House Bill 5483. Senator Garrett. Madam Secretary, please read the bill.
House Bill 5483. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 5888. Senator Dillard. Madam Secretary, please read the bill.
House Bill 5888. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 6034. Senator Pankau. Senate Bill -- House Bill 6151. Senator Lightford. House Bill 6195. House Bill 6208. Senator Silverstein. Madam Secretary, please 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 read the bill.
House Bill 6208. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 6271. Senator Althoff. Madam Secretary, please read the bill.
House Bill 6271. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 2.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 6349. Senator Sullivan. House Bill 6359. Senator Viverito. House Bill 6450. Senator Martinez. Madam Secretary, please read the bill.
6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 House Bill 6450. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Ladies and Gentlemen of the Senate, we moved very quickly through the Order of -- of 2nd Readings. With leave of the Body, we’re going to return to House Bill 5183. Senator Koehler. Madam Secretary, please read the bill.
House Bill 5183. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Ladies and Gentlemen of the Senate, we are going to turn to the Order of House Bills 3rd Reading. This is final action. If all Members of the Senate within the sound of my voice could be on the Senate Floor. We’re going to pick up on our Calendar, our printed Calendar, on page 40, in the order in which we left off yesterday, on the Order of House Bills 3rd Reading. House Bill 5907. Senator Frerichs. Madam Secretary, please read the bill.
House Bill 5907. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs, are you ready to proceed? 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
No, actually, if you could come back to -- well, I’ll just come back later. Sorry.
PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, please take the bill out of the record. House Bill 5912. Senator Forby. Madam Secretary, please read the bill.
House Bill 5912. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Forby.
Thank you. This -- this bill is on the Agreed Bill List. There’s no opposition to it. This bill amends the Illinois Equipment Fair Dealership Law. It adds ATV/off-highway motorcycles to be -- definition of outdoor power equipment under the law to better protect retailers and those vehicles. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5912 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. And House Bill 5912, having received the required constitutional majority, is declared passed. Continuing on our Calendars on House Bill 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 5913. Senator Hunter. Madam Secretary, please read the bill.
House Bill 5913. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Thank you, Mr. President. House Bill 5913 amends the Code of Corrections and it basically removes the requirements that the Department of Juvenile Justice share administrative services with the Department of Corrections and encourages collaboration with child-serving agencies. There is no opposition to the bill. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5913 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 5913, having received the required constitutional majority, is declared passed. Continuing on our Calendar is House Bill 5914. Senator Raoul. On the top of page 41 of your printed Calendar, still on the Order of House Bills 3rd Reading, House Bill 5917. House Bill 5918. Senator Raoul. House Bill 5923. Senator Link. Madam Secretary, please read the bill.
House Bill 5923. 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
Thank you, Mr. President. As amended, what this would allow is an unincorporated area of forty-five acres and -- to incorporate, but a provision that it must have twenty-four/seven law enforcement and other amenities to service their community once they incorporate. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5923 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 52 voting Aye, none voting Nay, none voting Present. And House Bill 5923, having received the required constitutional majority, is declared passed. House Bill 5927. Senator Delgado. Madam Secretary, please read the bill.
House Bill 5927. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Thank you, Mr. President and Members of the Senate. House 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Bill 5927 eliminates the statutorily required three-month waiting period during which a child is ineligible for services under the -- under the Children’s Health Insurance Program and the ALL KIDS program when the monthly premium is not paid. Under the current practice, the child is not eligible for reenrollment and the family is liable for all medical services received during the unpaid premium months. Also under the current statute, reenrollment will require the monthly premium to be paid in advance for the next medical visit. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question… Senator Syverson, for what purpose do you seek recognition?
Thank you, Mr. President. Just a question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Syverson.
Senator, the -- will the premiums then -- so this does not cancel the -- this would not cancel a policy if a person had not paid their premiums for three months. Would they -- do they still have to pay those premiums? Do they obtain coverage during those three months, even though the premiums haven’t been paid yet?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Thank -- thank you, Mr. President. All right. If they’re 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 -- if -- if they haven’t made the premiums, the child’s benefits are cancelled; however, if they’re -- if they catch up to their premiums, the child shouldn’t be penalized and -- and kept out - a three-month delay. This would eliminate that, and when the parents catch up to those premiums, that child would be reinstated automatically.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Okay, so, normally, what you’re saying is, if they were to sign up new, there would be a three-month waiting period. Is that the issue? Or, right now, if -- so if -- if they’re three months delayed and the policy gets canceled, what you’re saying is that they can reenroll and not have a -- a waiting period? Or, I guess, help explain what we’re doing with…
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Thank you, Mr. President. Actually, it’s the opposite. So, with that is -- the -- the parents haven’t paid, the current practice is that the child is not eligible for reenrollment and the family’s liable for medical services during that unpaid premium months. Now, the parents catch up to their premiums, theoretically that child is still on a three-month interruption. That’s what we’re eliminating. The parents caught up to their premiums, that child services should go and continue and not be interrupted.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson. 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
Okay, so a -- a child is receiving coverages during that three-month period. So, premiums are not being paid; the child is seeing a doctor or going to the hospital - a child is being seen by a -- a doctor. After three months, they pay their premiums, they’re -- they’re going to cover them back to the original date?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Right. Again, Mr. -- Senator Syverson, at the time that the parents have not paid their premium, that child is not having any coverage, so they have to pay on their own medical expenses, and when the parents catch up to those premiums -- right now that child would still be outside the system. Why should we have that? If the parents have caught up with their premiums, the child should be covered once again and not have that done. An example would be, for me -- for example, when I worked at DCFS, if we have a child outside your home and you were on -- receiving benefits, you receive one less benefit. When we are about to return home, the biggest problem we always had was the child was ready to go home, but the benefits weren’t in place. So we don’t want that interruption in the best interests of the child.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Again, make -- make sure -- I’m trying to make this clear. So, for three months, the -- the parent didn’t pay the premium, 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 and you’re saying what -- the child is -- is seeing a doctor, but not being covered by the policy. If the parents pay the premium, then within that ninety-day period, they could resubmit those ninety days of bills and those ninety-day bills would be covered during that period of time. Is that…
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Sir, it’s not retroactive, so it would pick up from the time and that’s why we don’t want the child to be eliminated from that. So they wouldn’t be kept -- paying anything retroactive. There’s no free rides here. What we’re suggesting is if the parents caught up with their premium, why should the child not be covered any longer? There -- because the current law says that they must be off of that roll for those three months -- with a waiting period. We want to eliminate that waiting period. The parents have caught up. That child needs to have continuous medical services. That’s all we’re doing here, Senator.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Thank you. Last question, I think I’m understanding it now. So what we’re saying is that a person doesn’t pay their premiums, they’re off the plan, but the parents want to continue it and currently you can’t reenroll if you’ve been on the plan. So we’re basically reenrolling -- allowing them to reenroll or start coverage again from that period going forward. But they don’t have to back pay those ninety days of premiums of -- 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 because they theoretically wouldn’t be covered. How many times would they be allowed to go through this motion of not -- not paying their premiums and then starting up again when they chose to start up again?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Well, it’s very hypothetical. First of all, parents don’t pay only because they might have lost their employment or something of that nature. They wouldn’t remove their insurance from their own child. But what this will do is keep a consistency for the best interests of the child and not have their services interrupted, regardless of what’s going on with their parents. So, obviously, the parents are paying their coverage while they’re not covered. So once they’re -- so what we want to make sure is that -- once parents do catch up, that child, under current law, would still have to wait three months. We’re going to remove that, because the parents are paying the premiums. Let that child start receiving services again. That’s all.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Thank you. Just -- just a couple more questions. The -- the first question is, is during those three months when they are not paying a premium, normally the provider doesn’t know that a premium -- the -- you know, the provider doesn’t know that the May premium wasn’t paid yet and they -- they see the doctor and those will get billed to -- the carrier, get billed 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 to the State, and normally those would get paid during that time until they determine that they weren’t covered. So, if that’s the case, does that money get paid back then? Does -- does the provider have to pay the State back and then the provider goes after the family? So let’s deal with that issue first, on what happens if -- during that month of time when they’re not paid their premiums and they’re seeing a provider and the provider doesn’t know that they’re not covered any longer?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
…you -- thank you. Senator Syverson, as you well know, first of all, the provider -- there’s a thirty-day grace period and providers do have a way of checking who is covered, who isn’t covered. There is a cross-check within their own systems. So that -- in that case, they’re -- they do know that, because it happens to all of us anyway within our own employee choices within our own benefits. They do have a system to check that.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Thank you. And last question, and I appreciate your indulgence on this, if a -- if a parent -- if they don’t pay their premiums for ninety days, and now we’re going to allow them to reenroll. So, after ninety days, the parents don’t pay their premiums, and we’re going to waive that so they’ll start the coverage up again after that ninety-day period. Then how many times can they -- a person do that? How many times can they not pay their premiums and then start the plan up again? 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
First of all, sir, it’s not ninety days. It’s thirty days. And on your other question, it’s -- we’re silent on that. This doesn’t even -- this doesn’t speak to this, so they can’t be coming back and forth. So -- but it isn’t ninety days. It’s just that if a parent falls in -- delinquent for one reason or another and cannot make that payment, that child currently is removed from services. Parents must cover that. But once the parents cover their premiums and they get back up-to-date - they found a new job, they got everything up-to-date - right now that child would still have to wait. Now this bill would eliminate that waiting period. I don’t know how else better to -- to -- to explain this.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson, do you have any more questions for the sponsor?
Thank you. Thank you for your indulgence. Just one more then, to help clarify this. So, a parent does not pay their premium, then the -- that following month, or whenever, they can start up again and they’ll be then covered. And they can do that again and they can do that again. A parent theoretically in this could be missing a month or two months and then start up again and not have to pay back those missed months and then start up again. This doesn’t limit how many times a parent then, who doesn’t pay their premiums, would be allowed to start the coverage up again that following month that they started 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 paying their premiums again.
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Thank you, Mr. President. No. At the point -- let me -- let me just read something from the bill that we struck. “If the required monthly premium is not paid, the child shall be ineligible for re-enrollment for a minimum period of three months.” We struck that. That’s what we’re trying to strike. Right. And that’s the only thing we changed. So, when a parent who loses their job or loses their ability to make those premium payments, at that point in time, the parents still have to pay the medical services, but the child remains in the system. That way when the parents catch up, all they have to do is push a computer button and that child’s back on the system and then covered through the KidCare.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
And again - sorry - again, this didn’t come through our committee, so we don’t -- but you keep saying catch up. But they don’t catch up. They don’t pay the back premiums for the months that they -- if they got behind on payments, they do not have to back pay those premiums, or do they have to back pay the premiums? So you’re saying they do have to back pay the premiums for the months that they didn’t pay those coverages.
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Yes, sir, like any other bill. You have to catch up to get your lights turned back on, for example, if you don’t pay your power.
PRESIDING OFFICER: (SENATOR HARMON) Glad we got that straightened out, Senator Syverson. Senator Duffy, for what purpose do you rise?
Question for the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield.
Senator, now wouldn’t this encourage people to game the system? Wouldn’t it be giving ‘em an incentive not to pay the premiums, because they know they always can, at a time if they need it at a later date, pay the premiums and catch up?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
First of all, I don’t want to assume that parents would play with the health of their children and -- no, they have to pay in order to cover their children. If there -- and so -- and there -- there’s no interest -- there’s no incentive for a parent to want to do that, to leave their child uncovered. These things are occurring because of the economy and the -- and the -- that folks are moving on from job to job. But, no, it has no way an opportunity for a parent to want to try to play the system, if you will, especially at the interest of their child’s health.
PRESIDING OFFICER: (SENATOR HARMON) 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Righter, are you seeking recognition?
Thank you, Mr. President. Will the sponsor yield briefly, please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.
Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Thank you, Mr. President. Senator Delgado, let me give you a -- a hypothetical, if I might. Let’s say that a premium is not paid and so the insured is no longer covered. Three months later, or whatever period of time, then the premium is paid and so the -- so the child goes back on the policy. That interim period when the -- when the child was not on the policy, let’s say however long that was, if there were medical bills that were accumulated, is the Medicaid program liable to pay those that were incurred while the child was not eligible for the program?
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
The answer to that question is no.
PRESIDING OFFICER: (SENATOR HARMON) There any further discussion? Any further discussion? Senator Delgado, do you wish to close?
Thank you for the spirited debate. I would ask for your 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Aye vote, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall House Bill 5927 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 43 voting Aye, 10 voting Nay, none voting Present. And House Bill 5927, having received the required constitutional majority, is declared passed. Continuing on our Calendars on page 41, still on the Order of House Bills 3rd Reading, is House Bill 5930. Senator Wilhelmi. Madam Secretary, please read the bill.
House Bill 5930. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5930, which is Representative McAsey’s bill, amends the Hospital Licensing Act to require that the parents or legal guardians of a newborn be provided with free information about sudden infant death syndrome, or SIDS, and best practices for reducing the incidence of SIDS upon discharge from a hospital. This bill would require the hospital to review the proffered materials with the infant’s parents and shall discuss best practices to reduce the incidence of SIDS as recommended by the American Academy of Pediatrics. I’d be happy to answer any questions. 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Senator Murphy, for what purpose do you rise?
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield. Senator Murphy.
It’s -- Senator, it’s our understanding from our analysis that this is common practice among hospitals in Illinois already. Are there -- are -- are there a large number of hospitals that aren’t already doing this that we need to mandate it from Springfield?
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi.
Senator Murphy, it’s my understanding that many hospitals are, in fact, doing this. I know that St. Joseph Medical Center in Joliet does it, because I went through this experience personally. It is also my understanding that there are some that are not doing this. And so we feel that this is an important enough issue that we should require all hospitals to do this and, in fact, the Illinois Hospital Association is supportive of the measure.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, for what purpose do you rise?
Mr. President, for a -- a question of legislative intent.
PRESIDING OFFICER: (SENATOR HARMON) 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Wilhelmi indicates he will yield. Senator Haine, please proceed.
Thank you, Mr. President. And, Senator Wilhelmi, the phrase is used, as you referred to it previously, quote, the hospital shall review the proffered materials with the infant’s parents and shall discuss best practices to reduce the incidence of SIDS as recommended by the American Academy of Pediatrics. Would you mind further explaining to the Chamber here, for purposes of -- of intent, just what that review will consist of?
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi.
Thank you, Senator Haine. That’s a very good question. By review the materials, I mean that the hospital staff will tell the parents or guardians that the materials being given to them will explain several things they can do to reduce the risk of sudden infant death syndrome for their infant, such as placing their infant on his or her back to sleep in a safety-approved crib with a firm mattress and a fitted sheet or other recommendations of the American Academy of Pediatrics. I hope I’ve answered your question.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Any further discussion? Senator Wilhelmi, do you wish to close? The question is, shall House Bill 5930 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 57 voting Aye, none voting 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Nay, none voting Present. And House Bill 5930, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, the Illinois Statehouse News and WICS both seek leave to videotape the proceedings. Is there any objection? Seeing no objection, leave is granted. House Bill 5931. Senator Raoul. House Bill 5933. House Bill 5946. Senator Link. Madam Secretary, please read the bill.
House Bill 5946. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
Thank you, Mr. President. This bill proposes changing the Highway Advertising Control Act so that it more accurately reflect the IDOT rules of the -- Illinois Administrative Code, thereby allowing IDOT to more effectively control the outdoor advertising and retain the federal highway funding. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5946 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 5946, having received the required constitutional majority, is declared passed. House Bill 5951. Senator Schoenberg. House 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Bill 5956. Senator Hutchinson. Madam Secretary, please read the bill.
House Bill 5956. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Thank you, Mr. President, Members of the Senate. House Bill 5956 amends the Line of Duty Compensation Act and provides that the person filing a claim for compensation under the Act for a fireman killed in the line of duty shall have access, on a timely basis and in an efficient manner, to all information related to the court’s consideration, processing, and adjudication of the claim. Includes in the definition of “eligible late claimant” persons filing a claim for compensation under the Act for a fireman killed in the line of duty.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5956 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 5956, having received the required constitutional majority, is declared passed. House Bill 5958. Senator Demuzio. Madam Secretary, please read the bill.
25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 House Bill 5958. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Demuzio.
Yes, thank you, Mr. President and Members of the Senate. This bill is an initiative of the State Fire Marshal and it specifies that under the Illinois Fire -- Prevention {sic} (Protection) Training Act that the terms “basic training” and “basic level” refer to the Basic Operations -- Operations Firefighter program run by the State Fire Marshal’s Office. This is a rulemaking change in the language and I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5958 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 5958, having received the required constitutional majority, is declared passed. House Bill 5960. House Bill 5969. Senator Frerichs. Madam Secretary, please read the bill.
House Bill 5969. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Frerichs.
Thank you, Mr. President. House Bill 5969 exempts the counties from the Secretary of State’s ninety-five dollar statutory fee for the issuance of title when the county is seeking the certificate of title for a forfeited vehicle. House Bill 5969 also provides protection from civil or criminal liability for counties, sheriffs, and employees of sheriffs for any damage done to a forfeited vehicle which has been stored with a commercial vehicle safety relocator.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5969 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 5969, having received the required constitutional majority, is declared passed. House Bill 5970. Madam Secretary, please read the bill.
House Bill 5970. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Thank you, Mr. President. House Bill 5970 amends the Illinois Municipal Code. Provides that a municipality with 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 fifteen thousand or more inhabitants may adopt, by ordinance or resolution, not more than one year after the municipality’s receipt of the new federal decennial census results a certain specified number of aldermen, less than the number required elsewhere in the Act. Provides that the municipality for forty thousand or more inhabitants may adopt, by ordinance or resolution, not more than one year after the first general municipal election following the municipality’s receipt of the new federal census results a certain specified number of aldermen.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5970 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 5970, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, turning to the top of page 42 of your printed Calendar, still on the Order of House Bills 3rd Reading, is House Bill 5972. Senator Koehler. Madam Secretary, please read the bill.
House Bill 5972. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler. 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
Thank you, Mr. President, Members of the Senate. House Bill 5972 allows county boards that are establishing code hearing units to also establish a fine schedule for code violations.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5972 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 5972, having received the required constitutional majority, is declared passed. House Bill 5976. Senator Hunter. Madam Secretary, please read the bill.
House Bill 5976. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Thank you, Mr. President. House Bill 5976 amends the Confidentiality of Statements Made to Rape Crisis Personnel Statute to allow an adult with a guardian to decide whether or not his or her guardians can look at rape crisis center {sic} records and waive rape crisis center {sic} privilege if the adult with a guardian decides waiving the privileges is in his or her best interests. 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5976 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 5976, having received the required constitutional majority, is declared passed. House Bill 5991. Senator Martinez. Madam Secretary, please read the bill.
House Bill 5991. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez.
Thank you, Mr. President and Members of the Senate. House Bill 5991 amends the Podiatric Medical Practice Act to list the circumstances in which a podiatrist can divide or split his or her professional fees or other compensations. Podiatrists may divide or split fees or compensation with another licensed health care worker for the services that are personally and concurrently performed by {sic} (for) a patient; with certain corporate entities, including entities owned by podiatrists; and, third, to obtain billing and collection services, where the fee is based upon a percentage of professional services fees that are billed or collected, or a flat fee; and, four, to pay for rent, staff and equipment, among other circumstances. And 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5991 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5991, having received the required constitutional majority, is declared passed. House Bill 5998. Senator Clayborne. Madam Secretary, please read the bill.
House Bill 5998. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.
Thank you -- thank you, Mr. President, Members of the Senate. House Bill -- 5998 removes reference to the establishment of Assisting {sic} (Assisted) Living and Shared Housing Standards and Quality of Life Advisory Board. The Assisted Living and -- and Shared Housing Standards and Quality of Life Board was established at the same time as the Assisted Living and Shared Housing Act. The Board is charged with advising the Director of Public Health. References to the Advisory Board in Sections of this Act, including definitions, construction, and other requirements of licensing, are to be deleted. Basically, this Board doesn’t function, and as a 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 result of it not functioning, we’re going to eliminate the Advisory Board.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5998 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 5998, having received the required constitutional majority, is declared passed. House Bill 6001. Senator Frerichs. Madam Secretary, please read the bill.
House Bill 6001. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.
Thank you very much, Mr. President. House Bill 6001 is quite possibly the most interesting bill we’ll hear today and probably the reason many of you are here. It allows the Department of Financial and Professional Regulation to establish by rule an intern process for a geologist intern. I’d be happy to answer any questions about this great bill.
PRESIDING OFFICER: (SENATOR HARMON) The board is lighting up, Senator Frerichs. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 6001 pass. All those in favor will vote Aye. 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 6001, having received the required constitutional majority, is declared passed. House Bill 6006. Senator Demuzio. Madam Secretary, please read the bill.
House Bill 6006. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Demuzio.
Yes, thank you, Mr. President, Members of the Senate. House Bill 6006 is a recommendation of the Health Care Council of Illinois. It amends the Assisted Living and Shared Housing Act and requires that the Department of Public Health may only renew two-year licenses at the request of the licensee. And it also amends the Nursing Home Care Act to also require the license to be renewed at the request of the licensee.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 6006 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 6006, having received the required constitutional majority, is 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 declared passed. With leave of the Body, we’re going to take a break from the Orders of House Bills 3rd Readings and turn to page 52 of your printed Calendar to the Order of Consideration Postponed. At the top of the Order on -- on Consideration Postponed is Senate Bill 2545. Senator Hunter. Do you wish to proceed? Senator Hunter, would you like us to come back to you after you’ve had a chance to get your paperwork in order? With leave of the Body, we’ll return to Senate Bill 2545. Continuing on the Order of Consideration Postponed is Senate Bill 2925. Senator Frerichs, are you ready to proceed? Madam Secretary, please read the bill.
Senate Bill -- excuse me, 2925. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, as you recall, our practice on Postponed Consideration is to hear from one proponent and one opponent. Senator Frerichs, to present the bill.
Thank you very much, Mr. President. I’ll just remind people we had a spirited debate when last this was presented. This would create a registration and voting pilot project for the 2010 general election. The pilot project would require the 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. Requires universities and 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 colleges to provide space in a central, high student traffic area.
PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski, are you the agreed-upon opponent to speak to the bill?
Absolutely.
PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski, please proceed.
Thank you, Mr. President. You know, we did have quite a debate on the bill when it was presented the first time. And I think since then many of our Members have probably heard from their county clerks. I think almost every county clerk in the State of Illinois is opposed to this particular bill at this time. And just to point out a couple of points, and then I do have a question of the sponsor. Again, I just want to point out that the legislation mandates that one group of voters be served at everybody else’s expense. And we’re not exactly sure what it will cost to have additional voting machines and early voting for a month on each college campus. There are already just a -- a tremendous amount of ways that students can register to vote and be a part of the political process on their campuses without extending this to be the early voting at a great cost to our counties. I know one of the issues, Senator Frerichs, that I brought up when we initially talked about this is the definition of what is a “college campus”? At that time, I had asked, does this include every campus? Your response was, the main campus, but I still don’t see that in the bill. And I just wondered if 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 you had taken a look at that, because that is a major concern for our universities that have -- and our county clerks’ offices that have multiple campuses.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Frerichs indicates he will yield and respond to that question.
Senator, at -- at that time, it was my understanding it was the main campus. I have gone back and looked at that and it does not specify, and so it could be the three campuses of the University of Illinois system.
PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski.
Thank you. And -- and, Senator, thank you for your response. I do appreciate that and the fact that you -- you’ve gone back and looked at that. To my colleagues and to the bill: You know, again, this -- I’m not trying to disenfranchise voters. I’m not trying to say that students shouldn’t vote in the district that they’re living in while they’re in school. I’m just simply saying that this is a tremendous amount of cost, potentially, to our county clerks’ offices at a time when they can’t afford or it’s very difficult for them to afford to provide the services already mandated by law. I think that now is not the time to do this. I think that there’s still some cleanup that could be done on the bill, if the Senator wants to bring it back sometime in the fall. But I certainly would urge an Aye vote -- excuse me, a No vote at this time. Yeah, I got wrapped up in the discussion there, Senator Frerichs, just 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 looking at you standing there - but, no, a No vote at this time. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) We heard you the first time, Senator Burzynski. Senator Frerichs, do you wish to close?
I would just ask a favorable vote.
PRESIDING OFFICER: (SENATOR HARMON) Question is, shall Senate Bill 2925 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 33 voting Aye, 20 voting Nay, none voting Present. And Senate Bill 2925, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to the top of the order and -- and get back to Senator Hunter, if she’s ready to proceed. Madam Secretary, on Senate Bill 2545, please read the -- Senator Hunter seeks leave to recall Senate Bill 2545 to the Order of 2nd Reading for purposes of the amendment. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2545. Madam Secretary, have there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter, to present your amendment.
Floor Amendment 1 deletes all and becomes the amendment {sic} and I’ll explain it on 3rd Reading. Oh, do I have to 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 explain it now?
PRESIDING OFFICER: (SENATOR HARMON) Senator, because we’re on the Order of Postponed Consideration and we have limited debate on 3rd Reading, could - - would you please present the amendment on 2nd Reading.
Okay. What this bill actually does is it requires certain adults who receive TANF, temporary aid -- well, TANF for their children to participate in education, training, and employment programs administered by the Department of Human Services. And it also ensures compliance with federal TANF requirements and addresses adults with certain criminal records who individually do not qualify for TANF, but who -- whose children are receiving aid. We basically rewrote -- we clarify the underlining {sic} bill. There was no changes at all, but achieves the same ends.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion of the amendment? Any discussion of the amendment? Seeing none, Senator Hunter moves to adopt Floor Amendment No. 1 to Senate Bill 2545. 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 amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading on Postponed Consideration is Senate Bill 2545. Madam Secretary, please read the bill.
38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senate Bill 2545. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Thank you, Mr. President. I just explained the bill. We basically clarified and rewrote the bill, but it still has the same intent, so there are no changes. And I ask for an Aye vote, or I’ll answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Righter, for what purpose do you rise?
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. I rise simply to thank Senator Hunter and her staff for working through what was confusing language that I think came from somewhere else at first and rewriting it in a fashion that is crystal clear that we’re talking about additional people who will have work requirements if they want to be in the TANF program on behalf of their children. So with that, thank you, Senator Hunter, and I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you. The question is, shall House -- Senate Bill 2545 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 54 voting Aye, none voting Nay, none voting Present. And Senate Bill 2545, having received the required 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 constitutional majority, is declared passed. Back on the Order of Postponed Consideration. Senate Bill 3064. Senator Trotter. Senate Bill 3095. Senator Noland. Senate Bill -- apologize, House Bill 43. Senator Steans. Madam Secretary, please read the bill.
House Bill 43. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Thank you, Mr. President, Members of the Senate. House Bill 43. Current law requires vehicles to yield for pedestrians that are in a crosswalk. This bill, House Bill 43, would require cars to stop when there’s a pedestrian in the crosswalk, clarifying it for both pedestrians and drivers. This -- police support this. It makes enforcement easier and -- and -- and more clear what’s going on. And it should -- prevent -- we have six thousand pedestrian accidents a year - a thousand of those very serious - with close to two hundred deaths for pedestrians each year in Illinois. So this should minimize or help reduce the number of pedestrian accidents. I -- I was -- appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Steans. Ladies and Gentlemen of the Senate, we are on the Order of Postponed Consideration. Again, the practice has been to hear from one opponent. I’m -- I see two lights lit, Senator Millner and Senator Risinger. Is one of 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 you the designated opponent? Senator Risinger seems to be yielding to you, Senator Millner. Senator Millner.
Thank -- thank you, Mr. President. I like the concept of the bill. I think this is something that we have to do, but I want to share the -- a concern I have with this Body, and that is, how many of you have driven down the roadways and there’s a crosswalk? And you see that crosswalk, but maybe you don’t see it till the last minute. And now we’re creating legislation that says once a pedestrian walks in that crosswalk, by law, all vehicles must stop. I think it’s a good idea, but how do we educate our motoring public? How do we tell everybody out there that this is illegal? And, we have these organizations, some of the biking organizations, some of the people who like to do a lot of walking. In -- in Senator Steans’ district, there’s an area, I think, near Loyola, that really needs this legislation. Those people are going to assume that when you step into the crosswalk, everybody’s going to stop, ‘cause it’s the law. So now I’m going to cross the street. I step into the crosswalk. I start walking, ‘cause it’s the law, but some knucklehead out there isn’t paying attention to anything and you run ‘em over or you hit a bicycle. My suggestion to Senator Steans is to include, in this legislation, signage. When you go to a number of places in this country - Georgia is for one - they have right in the crosswalk - there’s a sign that comes up right in the middle - you must stop for pedestrians, state law. You can see the sign from a distance. Remember, from the crosswalk, you don’t see that, ‘cause it’s on the ground. Some crosswalks have signs, some do not. This legislation does not provide for the 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 signage. So, I think it’s great legislation. I think it’s a great idea. I think when -- when it comes back with the sign, I’m going to be all for it and -- but right now I just want to share my concern with the Body. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Millner. Senator Steans, do you wish to -- to close?
Thank you, Mr. President. And I appreciate my colleague’s concerns and I have indicated willingness to do a trailer bill that would look at doing signage on this. At this point in time, though, the State Police, the Chief of Police and many other advocacy groups are supporting this bill, AARP, American Academy of Pediatrics, Access Living. You know, I think it’s something that is going to -- we want to set down the path and not delay any longer in terms of reducing pedestrian accidents. And I will look into a trailer bill on signage. Appreciate a -- a supportive vote. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall House Bill 43 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 33 voting Aye, 15 voting Nay, 4 voting Present. And House Bill 43, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, that concludes the Order of Postponed Consideration. We’re going to return to House Bills 3rd Reading, back on page 42 of your printed Calendar, picking up where we left off with House Bill 6014. Senator 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Hutchinson. Madam Secretary, please read the bill.
House Bill 6014. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Thank you, Mr. President. House Bill 6014 amends the Child Labor Law. Provides that in situations where a minor from another state seeks to obtain an Illinois employment certificate that the Department of Labor shall work with a City or Regional Superintendent of Schools, or the State Superintendent of Education, or his or her duly authorized agents, to issue the certificate. This just helps out-of-state children from having to travel twice to Illinois in order to get a license to work here in plays or other areas of entertainment. And I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Pankau, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield. Senator Pankau.
Can you give us the instance that brought this before your attention? 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Thank you, Senator Pankau. There was a child actor that was coming from New York to work in Chicago for the weekend and right now the law states that that -- the child had to appear in person to our Regional Board of Education in order to get the employment certificate and then travel all the way back to actually do the play. This just allows the parents and the schools and our Department of Education to work together so the child wouldn’t have to -- and incur the expense of traveling two times to come do the work here.
PRESIDING OFFICER: (SENATOR HARMON) Thank you. Senator Pankau, more questions?
No. To the bill, Mr. President. I urge an Aye vote. I think the sponsor has done a really good job of taking a -- which could be a cumbersome situation and simplifying it. And in this life, we all like simpler things. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question is, shall House Bill 6014 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 6014, having received the required constitutional majority, is declared passed. House Bill 6015. Senator Demuzio. Madam Secretary, please read the bill. 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
House Bill 6015. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Demuzio.
Yes, thank you, Mr. President and Members of the Senate. This is the annual -- this bill is the annual transfer of State funds to the Auditor General for the auditor expense fund and mandates that the State Comptroller to order amounts transferred from various special funds in the State treasury into the Audit Expense Fund.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 6015 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 6015, having received the required constitutional majority, is declared passed. House Bill 6022. Senator Viverito. Madam Secretary, please read the bill.
House Bill 6022. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Viverito. 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
Thank you very much, Mr. President. This is an initiative by the Revenue Department, as well as the Attorney General’s Office. And what it basically does, it -- it gives the sales tax on -- significantly increases the sales tax -- must pay upfront to the distributor when purchasing fuel. Currently, the underreported taxes by the retailers has been as much as fifty million dollars a year. This will certainly help our budget out a little bit. And I hope there -- everyone will vote Yes on it.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Lauzen, for what purpose do you seek recognition?
Thank you, Mr. President. Just to let the Chamber know that there was substantial opposition to this, although in the minority - fee increase, a -- a tax increase - when it -- came up in Revenue Committee. Just wanted to alert folks to vote the -- you know, the direction that they would like to. But just wanted to slow it down so that we give consideration before we put in some increases.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Senator Viverito, do you wish to close?
I just hope for a favorable vote. It’s the right thing to do. The Department of Revenue and the Attorney General’s Office are both in favor of this bill. And I really believe it’s going to help the State of Illinois out. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 The question is, shall House Bill 6022 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 34 voting Aye, 16 voting Nay, none voting Present. And House Bill 6022, having received the required constitutional majority, is declared passed. House Bill 6030. Senator Steans. Madam Secretary, please read the bill.
House Bill 6030. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Thank you, Mr. President, Members of the Senate. House Bill 6030 establishes a green manufacturing grant program that allows Department of Commerce and Economic Opportunity to make grants up to two hundred and fifty thousand dollars to small manufacturers. This is anticipation of a federal grant program we think may be coming down the road. So if those moneys do, in fact, come to Illinois, that we can -- have a grant program established. It’s to make -- for manufacturers to make capital improvements that reduce environmental impact and achieve cost savings.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 6030 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 1 voting No, none voting Present. And House Bill 6030, having received the required constitutional majority, is declared passed. Senator Hutchinson, for what purpose do you seek recognition?
Thank you. I would like to record -- have the record reflect that my intention was to vote Aye on 6022.
PRESIDING OFFICER: (SENATOR HARMON) The record will so reflect your intention, Senator Hutchinson. House Bill 6038. Senator Clayborne. Madam Secretary, please read the bill.
House Bill 6038. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.
Thank you, Mr. President. House Bill 6038 just extends the sunset date on tax credits for affordable housing donations from 2011 to 2016. This has been a successful program, so we’re just encouraging it to -- to continue.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Lauzen, for what purpose do you rise?
Thank you, Mr. President. Just to report that, out of 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Revenue Committee, this was supported unanimously.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Lauzen. Senator Clayborne, do you wish to close? Madam -- or, the question is, shall House Bill 6038 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 1 voting No, none voting Present. And House Bill 6038, having received the required constitutional majority, is declared passed. House Bill 6041. Senator Crotty. Madam Secretary, please read the bill.
House Bill 6041. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
Thank you very much. This bill was a Senate bill and passed out of here and I’ve picked up the House bill. And the House bill has had a couple of changes. First of all, the bill does allow permanent interfund transfers to the fund of the school district’s most in need of those funds that’s being transferred. Another part that has been added to the bill is providing that a working cash fund may be created and maintained consistent with the limitations of the Working Cash Fund Article of the School Code. And thirdly, which was left out of the bill when it was here in the Senate, is it restored the current law to require that the notice of a school district’s intention to 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 use bonds under the Working Cash Article of the School Code be published in a newspaper having a general circulation in that area.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Crotty. Is there any discussion? Senator Burzynski, for what purpose do you rise?
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield. Senator Burzynski.
Yes, thank you. Senator, currently, as I recall, I mean, we’ve had this bill in so many different committees in so many different forms, but I believe there’s a lawsuit pending relative to some of this, the utilization of -- of working cash funds. Is that correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
There has been Supreme Court cases. There’s been two Circuit Court cases. I’ve read ‘em all. There was one where the -- in the Appellate Court that stated that the funds taken from the working cash need to go to the education fund first, but those same funds then are taken from the education fund and moved to the fund that’s more appropriate for the spending. This bill clarifies and makes sure that this outcome should be more transparent and go directly to the fund that the school board is using those tax dollars for. That’s all this bill is. 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski.
Thank you, Senator, for that explanation, and -- and if that is, in fact, what -- what you’re intending to do, I applaud that. I think, though, if I recall testimony that was given by an individual in committee, both the Executive Committee as well as the Education Committee, it -- it appears that school districts were leaving a step out of the process and that what we’re trying to do now is say the -- what they did is -- was okay. It -- is that kind of where we’re going? And -- and the reason I’m asking is, then, that this could have an impact on an existing case or on an existing situation in some of these school districts.
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
Okay. I’m trying to remember the first part of your question. The courts -- the -- the end means does not change. This does not add more money to the district funds. It just -- through the years, bond counsel has advised school districts, when they are moving their working cash funds, to move them to whatever fund the dollars are being used for. There was a step that was not known to many of our school districts that they should have first gone to the education fund and then to that fund. I personally feel very strongly, under transparency and freedom of information, when you put in an article -- notice in a newspaper that states you’re moving your funds from the working cash to the education fund and then end up moving it to 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 another fund, I think that’s -- I don’t think that’s fully transparent to the taxpayers in that district. If a school board is looking for -- and under the current law, the statute, they are allowed to use those funds in, let’s say, building and maintenance or O&M, whatever the fund may be called, to get a boiler for their -- their -- one of their schools, they’re able to do that under the law currently. My bill doesn’t change that. What it does is make sure that whatever they’re going to ultimately spend the money from, that fund, that money should go directly there. For it to be going through all these different funds to get there makes absolutely no common sense at all. And I think the taxpayer needs to -- to be able to know exactly what the dollars are being transferred to and what they’re being used for. And that’s what this bill is about.
PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski.
Thank you, Mr. President. To the bill. You know, I -- I do understand what Senator Crotty is -- is attempting to do here and I think, you know, it -- it -- it merits consideration. I believe, however, that there’s a concern that working cash funds could now be used for building a building and, therefore, bypass the referendum process and shortcut the voters’ rights to really have an impact or saying in that. And I think that raises a question. And for that reason, I would encourage a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty, you wish to respond?
I really need to respond to that. This bill does not allow 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 school districts to go and skirt around a referendum. If it is building a building, the statute says that school district needs to go to referendum. If it was to go over the allotment through their tax caps, school districts need to go to the voters and ask for a raise in their levy. This changes none of that. All this does is streamline and be more transparent to the taxpayers on where those funds are actually being moved to and not going and -- and being funneled through a lot of different funds. So they still need to go to a referendum. That part of the law is not being changed at all.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Lauzen, are you seeking recognition?
Yes. Thank you -- thank you, Mr. President. To the bill: First of all, I have enormous respect for the sponsor and I am totally confident that your intention on this bill is laudable. I think that generally the condition of our funding of our schools - both in the method and also the fact that we’re deadbeats, not paying the bills - absolutely reprehensible. This bill, when I first heard the Senate version of it, I heard more flexibility for school boards and, in error, I’m sorry that I voted Yes for it when it was in the Senate version. Terrible mistake on my part, in my opinion. I usually support spending flexibility, but I think that moderation is prudent in all things. I think that this bill goes way too far, even though I don’t think that it’s the intention of the sponsor to do that. What this allows is the creation of the working cash fund without the normal restraints in the use of those public funds. 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 You can do nearly anything now with that working cash fund. You don’t have to go to referendum. Perhaps, and I’d have to take a closer look at the bill, maybe you can’t do the building with it, but it says in the language of the bill that you can practically do anything you want with this fund. And, therefore, it goes too far. I recommend anyone who is -- who wants to protect fiscal moderation and -- like common sense, do not go too far on this bill. Recommend a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
Again, this does not -- the working cash funds, when they - - when that part of the School Code was adopted on tax caps, nothing changes that. They cannot spend money outside of what they statutorily can use those funds for now. As far as flexibility, the flexibility is and has been there for working cash funds only up to the amount that their debt limitation is or what they were tax-capped for. Anything different needs to go to a referendum and I am all for them having to go to referendum. I would not change that. But the flexibility -- nothing changes. They can only use those working cash dollars for the things that are in statute now. This bill does not change that.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lauzen, are you seeking recognition again?
Yes. I -- I’m very sorry. In the bill, on page 5, line 10, there is an additional provision for this working cash fund that says “for any and all school purposes” - for any and all 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 purposes. That’s in the language of the bill. I caution everybody to read the bill - and it says any or all. And you know that when folks are desperate in the spending -- in trying to balance budgets, because the State government doesn’t pay its bills, they’re going to look at that language and it’s “Katy bar the door”. In further support, the Chicago Tribune, on April 30th of 2010 -- well, a couple of days ago - I’m sorry, I have - - Noreen Ahmed-Ullah is the Tribune reporter. It -- it says: Because the court held with {sic} (that) another district inappropriately used working cash bonds on a building project, Hinsdale -- the Hinsdale board didn’t transfer the money directly. Instead it parked the cash in the district’s main education fund before moving it to the building fund - which probably led to the confusion of one of the previous speakers. Unfortunately, a school board member called it quote, “Money- laundering”. According to court filings, ninety-five school districts in Cook, DuPage, Will counties sold nearly eight hundred million dollars - eight hundred million dollars - in working cash bonds between 2000 and 2008 for building projects through these back-door means of avoiding referendums. Nearly seventy-five percent have been in Cook County. I do apologize to the sponsor, but that’s what the bill says and even the reporter at the Chicago Tribune reports on it.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Lauzen, also for solving the mystery. We were wondering how the Senate Republicans got the Chicago Tribune a day before it was published. Thank you. Senator Pankau.
55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Thank you, Mr. President. To the bill: My problem with this bill is that it is not prospective. And, in fact, when the sponsor was in committee, we asked her, would you put an amendment on it that just moves it forward, saying in the future this will be the process that we will use? But it contains all these other things and we’re going to be going back and basically saying, for whatever reason, school districts, if you did it incorrectly and didn’t follow the letter of the law, you are now forgiven. I don’t believe that we should pass legislation here to forgive past sins. They might have been done in the best of interest, but I believe we established these rules the first time so that you would have to know exactly what you’re doing with that money. You have to take the money from the working cash fund, move it up into your general fund or education fund, and then move it into a maintenance fund or a building fund or whatever you intend to do it -- with it. It’s a three-step process. The law in that hasn’t changed in a long time, and just because there was some school districts that felt that they should -- they could do it in a two-step process, doesn’t mean that, by this legislation, we can forgive them the fact that they didn’t follow the law correctly. I urge a No vote on this and I urge the sponsor to bring this back in a form that would be prospective only. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Crotty, do you wish to close?
Well, I have to -- I have to thank everybody for their questions and I -- I had a question about that retroactive also, but there was a Supreme Court - and I’m not an attorney, so I 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 sort of got excited about this investigative work that I was involved in - but there was a -- a Supreme Court decision dealing with a Bremen -- not a Bremen, but a township highway commissioner’s levy and how he had gotten through the levy. And one of the questions posed, and it was by the same one opponent that is an attorney who has worked on getting these tax dollars from our school districts, and it was posed whether or not, when he lost the decision in the Supreme Court on a -- on the highway commission levy, can they go back retroactively? And I think I have got this and it might be a couple of pages back, the judge’s ruling was: As we have discussed, curative legislation is permissible - and that’s what this is, curative - under Illinois law. That being so, we can see no inappropriarity {sic} (impropriety) in approaching one’s legislators to obtain such curative legislation. While plaintiffs may strongly disagree with the decision of those local elected officials to seek legislative recourse in the General Assembly, their frustration that the General Assembly intervened to validate the challenged tax in such {sic} (is not) sufficient jurisdiction {sic} (justification) for judicial nullities {sic} (nullification) of an otherwise valid legislative enactment. Plaintiffs’ recourse for such conduct by their elected representatives is through the political process, not the courts. And I think I’m going to close on that. The only other thing that I can say is to read from a -- an -- a newspaper article, instead of actually taking what this bill does -- it does not allow school districts to build buildings without a referendum. That is still the statute. So I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 The question is, shall House Bill 6041 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 35 voting Aye, 18 voting No, 1 voting Present. And House Bill 6041, having received the required constitutional majority, is declared passed. Senator Schoenberg, for what purpose do you seek recognition?
Thank you, Mr. President. I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) State your point, Senator.
Mr. President and Ladies and Gentlemen of the Senate, I know that sometimes I act like every day is Evanston Day at the State Capitol, but today really is Evanston Day and I’m -- we’ll have a number of visitors from Evanston coming later, but I have two Pages today who are from Evanston. They are Josh and Jasper Davidoff. Josh is a -- is an eighth grader at the Haven Middle School. He’ll be going to Evanston Township High School next year with my daughter. His interests include baseball, computer programming, acting, stage managing, reading, and political science. And as you can see, he’s very accomplished. His brother, Jasper, who’s ten - my son’s age - goes to Orrington Elementary School. And his interests include music, reading, animals, the Cubs - with all due apologies to Senator Maloney, he listed the Cubs as one of his interests - technology, chess, and reporting. So he may be working for the Chicago Tribune 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 too. They’re here today with their father, who’s in the gallery directly behind the President’s Podium. Please give them a warm Senate greeting. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Let’s join Senator Schoenberg in welcoming his guests. Will our guests in the gallery please rise to be recognized? Senator Bond, for what purpose do you rise?
Thank you, Mr. President. I’d like the record to reflect that I’d like to be recorded as voting No on House Bill 6022.
PRESIDING OFFICER: (SENATOR HARMON) The record will reflect your intention to have voted No on House Bill 6022. Senator Hunter, for what purpose do you seek recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point.
I have with me today a young lady who’s a -- who’s my Page for today and her name is -- is Kara Small. She’s sixteen years old. She’s home-schooled. She is the sister of Senator Clayborne’s legislation aide, Sunshine Clemons. And she figure skates. She horseback rides. She paints and she draws. And I’d like to welcome her to the Senate.
PRESIDING OFFICER: (SENATOR HARMON) …Small, welcome to the Senate. Please rise to be recognized. Senator Clayborne, for what purpose do you rise?
59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 A point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, sir.
Yes, I have -- paging with me today is Jared Small, whose sister was just introduced, and also the younger brother of my assistant, Sunshine Clemons. Please welcome Jared.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Small, please rise and be welcomed to the Senate. Senator Hendon, for what purpose do you seek recognition?
A quick point of personal privilege, before I go to the Chair, Mr. President. I was a little tardy today because I had so much fun last night watching Senator Toi Hutchinson and Dan Kotowski just rivet the COWL’s celebration with Dances with the Stars. Clearly, Kotowski was a little out of shape, because he’s, like, dragging today. We probably figured he was gonna. And Willie Delgado was also a fantastic dancer last night. I thought he was Ricardo Montalban, or somebody, we was watching. He was just outstanding. And Susan Garrett took the night by winning the Lieutenant Governor Trophy of the Year award. She was fantastic. I tried to take it out of her hands, but it was like wrenching votes out of the Republicans for Obama. You know what I mean? She would not let that trophy go. So I just thought we would acknowledge all the stars, the dancers, last night. They were magnificent.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Hendon, for that recap. We’ll send the Sergeant-at-Arms out in search of Senator Kotowski. Senator 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Haine, for what purpose do you seek recognition?
Point of personal privilege, Mr. President. I wish to introduce to the Senate Chamber a guest here today, who is here with my -- my lovely wife, Mary Catherine Dion, who is a citizen of Jersey County and a longtime friend and supporter of Senator Demuzio, with her husband. Mary Catherine Dion. Please welcome her.
PRESIDING OFFICER: (SENATOR HARMON) …Dion, please rise and be recognized. Welcome to the State Senate. Senator Hutchinson, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point.
Thank you. I’d like to introduce a guest that I have with me today as well. Her name is Rachel Hoge. She’s a Development Manager for the South-Southwest Suburban United Way. I used to work for the United Way, so we share that in common. But she’s very interested in women in politics and she’s shadowing me for the day. So please join me in welcoming her to the Senate.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Senate, Ms. Hoge. Please rise to be recognized. Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege as well.
PRESIDING OFFICER: (SENATOR HARMON) 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 State your point, Senator.
I, too, have a lovely guest with me today. Her name is Michelle Lannes. She’s a new constituent to Woodstock, Illinois, District 32. Prior to this time, she was a constituent of Senator Murphy’s. So I’m doubly delighted to, a, have stolen her away from him and have her here in the Senate. She is an avid Cubs fan. May we welcome her, please?
PRESIDING OFFICER: (SENATOR HARMON) …Lannes, you’ve clearly moved up in your move. Welcome to the Senate. Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) State your point. SENATOR McCARTER: I’d like to introduce my Page for today. Young man’s name is Walter {sic} (Walker) Mondt and he’s an eighth grader at Aviston Middle School. Enjoys government, track and band, and he’s also in the Scholar Bowl, who -- and in Aviston, they won their regional last night. So, just want to welcome him to the -- to the Senate.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Senate. Please join us in welcoming Senator McCarter’s guest. Senator Risinger, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 State your point, Senator.
I have a Page also. Her name is Kaitlyn McCurdy. She is an eighth grader -- eighth-grade student at Neponset Grade School. The grade school is a recent spotlight -- academic excellent recipient and Kaitlyn was awarded first prize in the Bureau County Republican Women’s essay contest. The topic was, “America is the land of the free. What does that mean to you?” Kaitlyn is fourteen years old and she enjoys volleyball and she hopes to -- for her career choice to become a doctor. She is also accompanied here today by a couple of her teachers, Roberta Cinnamon and also Susan Sagmoen. They’re also in the gallery. Would you please give them a warm welcome, please?
PRESIDING OFFICER: (SENATOR HARMON) Kaitlyn, welcome to the Senate. Will our guests in the gallery please rise as well, to be recognized? Welcome to the Senate. Senator Trotter, for what purpose do you rise?
Thank you very much, Mr. President, Members of the Senate. I, too, have gotten lucky today and have a young man who’s with me. He’s a graduate student at UIS in Public -- majoring in Public Administration. Wants to go into government. He’s a Springfield resident, and if he stands up, you can see he’s a former football player. Doesn’t take any -- stuff from anyone and his job is to keep me out of trouble today. After -- make sure Kotowski, who’s been -- you know, been trying to push me against the wall, that that doesn’t happen. So, all that being said, I have Michael Schmedeke, who’s here today as my bodyguard. So please welcome him to the Senate. 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Senate. Your job duties are great. Please rise. Senator Bond, for what purpose do you rise?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
I’d like to welcome today the Reif family from Glen Ellyn, Illinois. They are here today advocating for juvenile diabetes. And I am blessed today to have two terrific Pages, Cooper and Michaela, and she goes by Mikey. Michaela, she’s eight and in second grade at Westfield School in Glen Ellyn. Mikey is a nature princess and loves all animals, either real or stuffed, especially horses. Mikey also plays tennis and soccer and is completing her first year of piano lessons. However, what Mikey loves more than anything else is reading Harry Potter and reading all other books. Cooper, he is age nine and he’s in fourth grade at Westfield in Glen Ellyn. He loves playing sports, especially tennis and soccer. And he plays the piano, cello and the recorder, and he recently learned to play the recorder with his nose, believe it or not. He’s also -- loves to read, watch Sponge Bob and -- and play with the iPod touch. On behalf of all of those who suffer from juvenile diabetes, they are here advocating for that. I’d like everyone in the Chamber to offer them a warm Springfield welcome.
PRESIDING OFFICER: (SENATOR HARMON) Cooper and Mikey, welcome to Springfield. Continuing on the Order of House Bills 3rd Reading, still on page 42 of your 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 printed Calendars. At the bottom of the page is House Bill 6047. Senator Noland. Madam Secretary, please read the bill.
House Bill 6047. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
Thank you, Mr. President. I was actually hoping to be able to carry on as a point of personal privilege. We were having such a -- a jocular and -- and spirited exchange there. House Bill 6047 amends the Alternate Fuel {sic} (Fuels) Act to include the conversion of a hybrid vehicle to -- to an alternate fuel vehicle as eligible for a conversion cost rebate. The conversion cost rebate is equal to eighty percent of the cost of converting a vehicle to an alternate fuel vehicle, but the rebate is not to exceed four thousand dollars. I know of no opposition. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Burzynski, for what purpose do you rise?
Thank you, Mr. President. Will the sponsor yield for a quick question?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield for a quick question.
Thank you. Senator Noland, is this a new spending program? 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
No.
PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski.
In -- in that case, where are the funds coming from for this program?
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
It is a rebate, Senator. So, therefore, it’s not a spending program.
PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski.
Well, I can tell that we have an attorney in our midst then, can’t I? Word parsing here. So, actually, it is a new -- spending program, then, Senator, based on a rebate?
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
Sir, this just simply creates one more type of vehicle that is eligible for the program. And that’s it.
PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski, do you have a follow-up?
Is there a cost - an additional cost over last year to this 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 program?
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
Sir, I’m sorry, I did not hear that. You moved away from your microphone. Could you please restate that question?
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, the speakers are having trouble hearing each other. If you could please give their -- your attention to the debate. Senator Burzynski, could you repeat your question for Senator Noland?
Thank you. Is there an additional cost to the program?
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
There we go. Thank you. And, again, I -- I answer, no. This is a capped program.
PRESIDING OFFICER: (SENATOR HARMON) Senator Risinger, are you seeking recognition?
Thank you -- thank you, Mr. President. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates he will yield for a question.
Yeah, Senator, my analysis shows that EPA is going to get two hundred and twenty-five thousand dollars to administer this program. Is -- am I reading this incorrect? 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
Senator Risinger, as I had mentioned before, this is a program that already exists, so that money is still flowing from the IEPA -- or to the IEPA rather.
PRESIDING OFFICER: (SENATOR HARMON) Senator Risinger.
Thank you. I’ll ask the question again. Is EPA going to spend two hundred and twenty-five thousand to administer a program that has a million-dollar cost to it or rebate to it?
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
Senator, I’m going to be candid with you. I’m not sure exactly what they’re spending on the -- within the program itself. But I can tell you this, that the money that has already been dedicated for this program is not being increased. It is static. It is -- it is the same.
PRESIDING OFFICER: (SENATOR HARMON) Senator Risinger.
Thank you, Mr. President. To the bill: I -- I don’t know. I guess I didn’t get a good enough answer to satisfy me. It looks to me like we’re -- we’re -- at least from our analysis that we’re spending a lot of money to accommodate the rebates of a million dollars. So I -- I have concerns. I’m going to be voting No. 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson, for what purpose do you seek recognition?
Thank you. A question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield.
Thank you. Senator, I’m probably going to support this, but I guess I’m trying to help clarify maybe these questions that are being asked. We’re adding additional vehicles that qualify for this current program that’s already in place. And so my question to you is that the money that is allocated now, is those -- are those funds currently used up each year or are there excess funds that are available each year or will this create a -- a waiting list for those people who will qualify for those rebates?
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
Thank you, Senator. That’s a very good question and my understanding is, is that the funds are currently not being used up, and therefore these rebates would still fall within the amount that’s been dedicated into the General Fund for this particular purpose.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Thank you. And based on that line, there’s -- you probably do not know then how much of those funds are used each year, and 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 the funds that aren’t used, are they -- are those funds swept or -- then, maybe that’s another question to ask. Has -- has this fund been swept currently of those dollars or is there intent to fund -- sweep those funds? So I guess two questions with that.
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
Yes, and again, Senator, thank you very much for both of those questions to which I have to respond, I do not know.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Okay, again, I guess reluctantly -- I mean, we’re -- we’re just expanding the number of vehicles who can qualify, but the concern is, if -- if these funds were swept, it could create a - - a waiting list for those who might qualify for it, which is a concern. I guess we’ll have to find that answer out of whether or not those funds will be swept or if this fund is going to be fully funded to this level for this current year. Otherwise, the only concern I would have is that it could create a waiting list if we’re adding more vehicles to qualify. So, I guess because we don’t know those answers, it’s a little bit more difficult. And I don’t know if you would mind, even consider, taking it out of the record so we could get those answers - if those funds are even still available or if they’ve been swept or intended to be swept in that budget. That would be helpful to know that, I think, before we go forward. But that certainly is a -- a decision that you would have to make as the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Noland.
Thank you. I interpret that as a question of whether or not I will take this out of the record. The answer is no. We should only hope that more individuals will take advantage of this program and that we would have a waiting list. Currently, it’s my understanding that we do not. So we want to incentivize people to actually take advantage of it and have them actually waiting in line.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lauzen, are you seeking recognition?
Yes, thank you very much, Mr. President. To the bill: I - - I think that when we have a situation in the State budget that our schools aren’t getting paid, that they’re cutting State troopers, the social service agencies aren’t getting paid, this is the -- this is another example of not only waste in the basic program, but waste in the administration of the basic program. As one of the previous speakers said, if you take the million dollars of grants that are going to be spent on this - a million dollars - and you look at the language in the bill that says up to four thousand dollars per grant, that means approximately two hundred and fifty cars are going to be covered - two hundred and fifty cars. If you go back to our transportation expert, the -- a previous speaker, and he pointed out two hundred and twenty- five thousand dollars to go out to the two hundred and fifty people, that’s a thousand dollars of administration cost per grant - a thousand dollars per grant. Now, is that really what you want to do with the taxpayers’ money as people back home are 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 getting more and more angry? This is a feel-good piece of legislation. I’m sure it looks good in a press release, but, by God, people trust us more than to do this kind of spending of their money. So I -- I recommend a -- a -- a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, Senator Noland, do you wish to close?
Yes. Thank you, Mr. President. This bill would allow a rebate for hybrid cars that are converted into alternate fuel vehicles. This is the type of policy that we want to administer here from Springfield. We want to create -- a sustainable economy over the long term. Hybrid cars use a -- currently use conventional gasoline. We want to -- we want to incentivize owners of hybrid cars to use alternative fuel vehicles. This is what is needed to create a more stable economy here in the State of Illinois and help us do the right thing by way of the environment, of course. Now, this may be a feel-good piece of legislation, but it is because it’s good government policy. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall House Bill 6047 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 33 voting Aye, 16 voting Nay, 1 voting Present. And House Bill 6047, having received the required constitutional majority, is declared passed. Continuing on the Order of House Bills 3rd Reading on the bottom of page 42 is House Bill 6059. Senator 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Silverstein. Madam Secretary, please read the bill.
House Bill 6059. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.
…President, this creates the Illinois Holocaust and Genocide Commission. It’s going to provide a -- education for - - and workshops set out -- and it will set forth procedures for membership. I’ll take any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 6059 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 57 voting Aye, none voting Nay, none voting Present. And House Bill 6059, having received the required constitutional majority, is declared passed. We have reached the bottom of page 42 of our Calendar, House Bills 3rd Reading. Senator Forby has asked leave of the Body to return to page 39 of your printed Calendars to turn to House Bill 5764. Seeing no objection, leave is granted. Senator Forby, are you ready to proceed? Madam Secretary, please read the bill.
House Bill 5764. (Secretary reads title of bill) 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Forby.
Thank you, Mr. President. As soon as the vote’s over on this bill, I’d like to have a point of personal privilege. Today, the bill, 5764 -- we’ve named it “Seth’s Law”. And what this is is a measure -- where a person that came back from the service had a -- had heart problems. He went into the hospital and he was in -- while he was into the hospital with a heart -- they gave -- with a heart attack, he went to the restroom and when he went in the restroom, I guess he passed out, but, anyway, the doors was locked. So, time they got to this guy, this guy from the service, from the time they got to him, it was over ten minutes and for -- after they got to him, it was too late. So the -- what the family’s wanting to do - they’re here today - is make sure that no other family in the United States goes through what they went through. And it’s -- and it’s -- that’s what this law is all about today. So what it does is where the hospitals are -- where they can make sure they can get into a locked bathroom door in the hospital instead of waiting more than ten minutes. And it’s a safety issue and we just want to make sure this -- this happens today. And it’s -- like I said, the family came up for this bill. They want it run. They just want to make sure there’s no other family in the United States goes through the experience they have. I just -- I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Forby. Is there any discussion? Any 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 discussion? Seeing none, the question is, shall House Bill 5764 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 5764, having received the required constitutional majority, is declared passed. Senator Forby, are you seeking recognition?
Yes, for a point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point.
Today, I have the -- the Seth family here in -- in the gallery behind me and they live in West Frankfort. They live in one of my -- in my district. And they -- they’ve -- came up here to all the committee meetings and everything today. And they was here today to see this bill pass and honor, you know, their son. So I would -- please welcome ‘em to the Senate. Thank you. I have the Seth family right here.
PRESIDING OFFICER: (SENATOR HARMON) Will our guests in the gallery please rise to be welcomed to Springfield? Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Ladies and Gentlemen of the Senate, we’re about to kick -- pick up the pace a great deal. It is the intention of the Presiding Officer to go through the Calendar and clear it by 3 o’clock. I believe that time is committee time. Senator Harmon was very patient with you. You got a lot of that hot air out, 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 so now you’re going to get a little less. All right? And I appreciate your cooperation. Senator Millner, for what purpose are you seeking recognition, sir?
Thank you, Mr. President. I -- for a point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I’d like to introduce and welcome today to our capitol, Senator {sic} (Village President) Rod Craig, from the Village of Hanover Park, and Trustee Rick Roberts.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise? Welcome to the Illinois Senate. Welcome. Senator Millner, you just earned yourself an extra couple of minutes whenever you want to talk because of that brief introduction, unlike some of these long introductions we had earlier. Senator Collins, for what purpose do you seek recognition, ma’am?
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I would like -- for a point of personal privilege, please, Mr. President. Today, in the gallery, the President’s Gallery, I have Professor Ted Williams III, a -- of the political science faculty of the City Colleges of Chicago and students from Kennedy-King College, which is -- I share with Senator Hunter district-wise. So I would like everyone to welcome them -- the guests…
PRESIDING OFFICER: (SENATOR HENDON) 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Will our guests please rise? Welcome to the Illinois Senate. Welcome. With leave of the Body, we’re going to return to page 41 of your Calendar and this is probably going to be the only time I do this today, so be ready when your bills are called, regardless of your reason. I love you all. Senator Schoenberg, on 5951. Madam Secretary, read the bill.
House Bill 5951. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, and I’m looking forward to the pace with you in the Chair, operating at the same pace that we did a couple of days ago, where we cranked through the Calendar. I hope that you could keep up with what we accomplished then.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5951 is an initiative of the Attorney General’s. It amends the Whistleblower Reward and Protection Act. It not only changes the Act to be similar to the False Claims Act in helping combat fraud and corruption in public contracting, it also helps in the recovery of millions of dollars and -- ensures that the recovery will be going more directly to -- by the defendants to the plaintiffs. I’d be happy to answer any questions. There’s no opposition. 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 5951 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5951, having received the required constitutional majority, is declared passed. We’re going to go now back to our -- where we were, bottom of page -- top of page 43. House Bill 6062. Senator Garrett. Madam Secretary, read the bill.
House Bill 6062. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Garrett.
Yes, thank you very much, Mr. President. House Bill 6062 requires the Cook County Treasurer to accept payments for property taxes with a credit card.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Burzynski.
Thank you, Mr. President. Will the -- to the bill. Thank you. You know, we had this bill in committee and I voted for it and I plan on voting for it now. But I -- I do just want to express, I think already in statute, Cook County could do this if they chose to. And, you know, Cook County was not in 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 opposition to the bill, but it will be a mandate for Cook County. So I just wanted to point that out. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 6062 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? I’m only going to say it three times. Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 6062, having received the required constitutional majority, is declared passed. House Bill 6065. Senator Steans. Madam Secretary, read the bill.
House Bill 6065. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Thank you, Mr. President, Members of the Senate. This bill creates the Care of Students with Diabetes Act to help students with diabetes in the school setting. Students - first - who are able to self-manage are given that ability -- their -- their diabetes. And for those kids who are not able to or old enough to self-manage, it enables a parent to identify a volunteer in that school building who can be trained in accordance with the diabetes care plan to help that student get cared for with diabetes. I urge an Aye vote. It did pass out of the House almost unanimously and we’ve worked on this legislation for 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 nearly seven years. Appreciate your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Millner.
Thank you, Mr. President. Because I was so swift before, this might take a little longer. As you know, I don’t rise very often to talk about legislation in this Chamber unless it’s really, really important for me to share information with you that I think you should have opportunity to hear. I certainly admire and respect Senator Steans. I think she does a great job and here I am today on two different bills speaking against her legislation. But this is why I want to share this with you. Diabetes is not the same for every child. There are many situations with diabetic children that require different treatments. And even those people who are now trained to administer insulin or GlucaGen, whatever it may be, the -- there’s so many variables here. Now many of these children, this would be fine - this legislation. The problem here, folks, is that, some of these children, we could actually risk death by having a volunteer. In California, where they allowed this, we’ve had situations where students would go - as I’m reading from the Nurses’ Association from California - where they would go into a room because they’re very busy. The office is busy at school. Think about this. They have a volunteer, but the office is busy. They’re taking phone calls, students are coming in, everybody’s running around, a known diabetic child walks into the office with a stomachache, pale and not feeling well. So go on, lay down in the copy room, we’ll be back. Well, they get distracted. There’s so many things going on. Next thing 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 you know, they walk into the room, this child’s in a coma. And then, of course, calling the ambulance, 9-1-1. It’s also interesting to note -- I brought with me some things. I actually got an e-mail today to say this is not usual, from a -- a constituent of Senator Steans, very nice lady, it seems. But I have a needle here and I have insulin. They say, well, this is rare. We really don’t use much of this. We use this. You know, these little sticks or maybe smaller needles, and I got a bunch of smaller needles here and I actually have a pump that many students wear. And sometimes you have to turn the pump off, depending on the level of insulin within the child. And then we have the measurement of the insulin. And then you have to know exactly the - you know, if they’re -- whether they’re -- they’re sixty and below - things you can do and should do, things you shouldn’t really do, how you do it, how you measure it. You should know very well the different supplies that are needed, the -- the actual levels of carbohydrates that the child would need, how you do it - if it’s a hundred milligrams or below, ten to fifteen grams of carbohydrates, or depending if it’s a little bit more, twenty-five to fifty grams of carbohydrates. And I actually asked this -- the nurses to show me how to do this. I want to learn this. But, folks, it was a week ago and I did and I thought I got this. A week later, I’m not really sure. But I know that if a child has low -- a low number, below sixty, and I accidently give this, the brain is now starved of food. And what happens when I starve that child’s brain of food because I accidentally gave this instead of this - this is a needle in here too; this one’s got glucose, this one’s got insulin - if I make that simple mistake, which 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 anyone can do, I’ll put that child into a coma and perhaps it could be fatal to that child. In California, they actually had a child -- the medic gave three ccs of insulin. The medic was supposed to give three units of insulin. Units or ccs. What’s a cc? What’s a unit? The three ccs he was about to inject in the child was spotted by a school nurse and said, oh, my God, stop this now ‘cause that would put this child into a diabetic coma and perhaps kill that child. Huge difference between ccs and units. And we also see, by looking at some of these things and information that’s out there, about paramedics. Go back to your communities and ask your paramedics if they have insulin on their rigs. They have everything on those rigs, but they don’t have insulin. The reason they don’t have insulin, there’s way too many variables. I have a chart here of the various insulins that - some place - that we have to deal with on a routine basis. Now just listen to the names. NovoLog is insulin that’s rapid and fast acting, but Novolin is rapid but short acting. And then you have the intermediate length and you have the ones you should be given at home and the ones at school, and that also we learned, through the years here, in experience, that many times kids bring the wrong insulin with them to school. How is a volunteer going to know that? If the paramedics can’t even carry insulin, how do we get a teacher in a school who’s not trained, how do we get a volunteer who’s not trained to be able to adequately understand all of this? Heck, I was trained a week ago and I forgot this stuff. There’s too many variables. The sponsor talked about trying to do this for the last seven years. Well, you know why - too many variables. I say, and I believe from my heart, that this is risky business, folks. This 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 is something that I believe that really we shouldn’t do. For some of the kids, this will be fine, but not all of the kids. And why put ‘em at risk? Those without the assessment skills might not have the ability of knowing when something is wrong - sugar dropping, drowsiness, et cetera, et cetera. And just for those reasons, I ask you all, please consider looking at this legislation very, very carefully before you decide which way you’re going to vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
Thank you, Mr. President. To the bill: I -- I hate to stand up and do this because I do have such respect for the sponsor; however, I’ve also met with a lot of people in my district and talked on this issue. And while the -- the purpose of this bill is quite a laudable purpose - and I understand it’s important and I understand that the number of children in school with diabetes is a -- is a pretty solid number and we don’t have school nurses in every single school - the only problem I have, this is -- this allows teachers to administer the injections. Teachers are trained professionals. They’re trained in education. They are not trained medical personnel. The people who administer these shots are either the health care professionals that take care of the child or it’s the parents of the child. Obviously, the parents are one hundred percent invested in all aspects of the child’s life. The teacher should be invested in the education of that child and that is their responsibility. This is very, very uncomfortable to me, because the parents go through several hours of training. The teachers 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 won’t have that opportunity. I just don’t think this is in the best interest of the child. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Indicates she will. Senator Harmon.
Thank you, Mr. President. Senator Steans, thank you for bringing this bill. As you know, I was the sponsor of a similar bill in -- in -- in past General Assemblies. So I want to apologize; I think some of the opposition is based on components of earlier versions of the bill that -- that I sponsored. So I want to ask you some questions. I also think, with some of the opposition we’ve heard today, the opponents have inadvertently made the case for this legislation. The level of complexity that has been cited in this, I -- I think is -- is a little misleading but calls out the -- the point. First of all, today, where there aren’t school nurses or anyone in the schools to -- to be helpful, the risk that a student could go to the office, go to sleep in the copy room and go into a coma is very much present and, in fact, the reason we’re trying to offer an alternative. Isn’t that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
That is very much correct. Because while I would -- too, would prefer to have a school nurse in every building, that’s 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 just not the case right now. And given our budget, I don’t think that’s likely to be the case. So it’s for that very reason that we need to have folks in that building who are trained to help the students so we do prevent that very situation.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you. The -- the opposition we’ve heard today and we heard this before - blood running in the hallways and whatnot - we’re really overlooking the -- the major proponent of this bill, which is it allows older students who are able to medicate themselves to do so, which is effectively prohibited by school rules today. This bill would allow the older students to carry their medicine with them, to administer it when and where they need to, and to take care of their own needs. Isn’t that true?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
That is correct and I know of many situations where, in fact, those kids are not able to do that right now even though they’re able to.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Last line of questioning, Mr. President. Now, again, this is a procedure that is complicated to folks who have not been trained, but it is something that’s effectively being done by eleven-, twelve-, thirteen-year-old kids, some even younger. I 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 do want to point -- get to this last line, though - this notion that teachers are going to be compelled to be volunteers, anything along those lines, or that there’s going to be one volunteer in the school serving every diabetic kid and having to deal with the -- the -- the particulars. What your bill specifies, as I understand it, is that a parent may make an arrangement with one person or two people in the school who would volunteer to take care of that parent’s child who is a diabetic. So there’d be a one-on-one relationship. There would not be this confusing network of different instructions for different students. They would have that sort -- they would stand in the place of the parent in the school so that mom or dad doesn’t have to come over to school several times a day. Isn’t that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
That is correct. It is to the parent to identify the volunteer and nobody can be compelled to volunteer. We’ve put that in the bill as well. This really is only for teachers who are willing - and other school personnel, if it’s -- you know, preferred to have somebody else. But it’s only for a willing volunteer. And that volunteer gets trained at least annually. And anytime the diabetes care plan changes, they also get update in the training.
PRESIDING OFFICER: (SENATOR HENDON) The Chair understands this is a very important bill. Senator Harmon, to the bill, sir.
86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Thank you, Mr. President. I want to applaud Senator Steans for this effort. She has taken a very complicated and controversial bill and made it much more simple and effective. I understand the opposition. I heard it when I was the sponsor, but I would ask you to take a look at the bill yourselves. This is not the bill that it was a year ago. The opposition that you are raising is not -- no longer germane to this bill in many ways. I ask you to join me in voting Aye.
PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. A question of the sponsor. Senator, obviously you are trying to fill a -- a void, a problem I think that’s out there for -- for schools that do not have nurses. What -- what’s happening at the present time? Has -- has there been -- how are they handling this? And has there been a real problem with maybe deaths and -- and -- or problems with the -- with giving this insulin?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Thank you for that question, Senator. So, right now, there are federal -- and I -- and I should have mentioned that right up front. Really, this is to help ensure that we are consistently applying and -- across the school districts in meeting federal mandates. We already have the American with Disabilities Act, the IDEA Act, as well as the Rehabilitation Act of 1973, which sets forth 504 plans that require school 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 buildings to take care of kids with diabetes in that school. Problem is, it’s not being done consistently across all of our schools. And in some cases, schools are, in fact, requiring parents to have to come in and manage this. That’s really not what should be happening. We’re trying to build in a system here that really helps prevent lawsuits against the school -- schools, as well, for doing this. It’s no new mandate. These things are already getting mandated in the schools. This is really providing clarity in how we should be doing that and providing care for the kids. And -- and it really is where there’s individual districts which are just not being responsive to the needs of the kids.
PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.
In -- in response to other part of my question, has there been a real problem with -- with deaths and things like that? Do you have any statistics?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
I don’t have a statistic on the number of deaths. I apologize. I have been working with a -- an attorney from the College of Kent Law School who has many cases where -- that he’s been adjudicating on behalf of parents because their kids have not been able to stay within the school building to get the care they need, kids with diabetes. So there’s numerous cases where this is not being done consistently.
PRESIDING OFFICER: (SENATOR HENDON) 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Thank you, Senator Luechtefeld. Senator Delgado.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) She will yield for a few questions. Senator Delgado.
Thank you, Mr. President. I’ll be brief. Senator Steans, when we talk about school nurses, do we have school nurses in all of our schools, in the public schools at least in your district?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Unfortunately, we do not.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.
To the bill, Mr. Speaker -- I’m sorry, Mr. -- Mr. President. Served in both Chambers. First of all, to the bill: Many -- there’s been a lot of debate on this particular bill, as I chair the Committee on Public Health. First of all, I want to commend the sponsor for sitting with so many components of this particular bill, with the Illinois Nurses Association and a variety of others that -- really, if you look at the support and who does support this, it’s going to be the Juvenile Diabetes Foundation; it’s going to be the Illinois Diabetes Association; it’s going to be those folks who actually know about these -- situations. And, of course, philosophically, from -- out my friends who are there in -- in the Associations, they don’t like 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 the areas to be treaded on and I understand that and I don’t want to develop a debate on that issue right here. But, Mr. President, it’s very clear that right now many of our schools, and especially in my community in Humboldt Park, we lack these particular nurses to be able to be there. Matter of fact, they have to handle three or four schools in one day. So you better not get sick in School A because you may have to -- she or he may be in School D. So at the end of the day, this is a step forward. It isn’t, as other speakers pointed out, the old bill. This is something where parents -- if indeed - a hypothetical - where a child has some confusion as to that medication, one of the first things they -- they do as a mandated reporter is the principal or someone in charge will contact that parent that that child is going through a trauma at that moment and that they’re willing and ready with trained individuals to be able to assist that individual youth. Because someone did point it out, it’s very risky. But, sir, it’s more risky if we don’t do anything. And in this case, we’re doing something and I would ask that we indulge the sponsor and look at this legislation well. And I, too, have some concerns, but this is moving forward and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado moves the previous question. There are five more speakers and those are the only ones this Chair will recognize. Senator Syverson.
Thank you, Mr. President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Syverson. 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
Senator, I think -- and this has been covered, I think, a little bit before, but I want to go into a little more detail. In a perfect world, you would prefer that every school had a trained nurse that was a specialist in diabetic conditions. That -- that would be what your ultimate goal would be and this is not legislation to try to change from that goal, is it?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
That -- that is correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
In the examples that were given about severely complicated diabetic conditions - and my wife is a school nurse as well - in these severe cases, when you sit down and develop a 504 plan and you work with the school, cases where it’s really severe and it’s complicated, that’s part of the 504 plan, they could be -- they -- that student may have to be going to a different school where there is that kind of a trained nurse. But that’s taken into consideration at that time, isn’t it?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Absolutely. This only applies, also, with a -- a care plan and prescriptions that are signed off by the health care provider, and then all the folks in the school building agree to the diabetic care plan, as well as the 504 K plan. That -- 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 excuse me, just the 504 plan. That is very much the case. And in situations where it’s just not going to work in that school building, it would not be signed off on all parties.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you. And -- and -- and last question, in the example that was given about a person going down to the office and anyone coming along and administering the wrong doses, this requires that the parent work with the volunteers. The volunteer will have as much training as the parent has who was taking care of that child twenty hours a day. That person’s trained. And not just anyone at the school can administer that drug to that -- or the insulin to that individual. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
That is absolutely correct. I should also point out that one of the things we also built into this latest -- into the bill now, which had not been in there historically, was that part of the diabetes care plan will include confirmation by that volunteer to either the parent or a health care professional before they actually have to administer insulin, for some period of time right up front as they’re new to it and/or whenever there’s an unusual circumstance, ‘cause every kid sometimes has an unusual circumstance. So we did work with the nurses and build in that confirmation being required in advance of an unusual circumstance. But it is only the volunteer who could 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 ever administer any of the drugs that might be required for that child.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson, to the bill, sir.
Yes, Mr. President. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) To the bill. Senator Syverson.
Senator, I appreciate all the work that was put in this and working with both sides. Clearly, in a perfect world, we would love to see qualified people in every school. But until that time comes, it’s not fair to these students to be in the school and not have access to at least minimal care. So on -- on behalf of those students that will get help through this, I think this is an improvement and I appreciate your bringing this bill forward.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. Question of the sponsor, if I might.
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Maloney.
I’m -- I’m sure the sponsor and I share the same philosophy relative to the well-being of the students, but in the analysis, it indicates that the -- the training for this is up to the -- training for these individuals is up to the school district. Is 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Yes. School districts would help provide the training. And we did work with the School Management Alliance and they are neutral on this bill. They are support -- you know, they understand that that’s part of it and…
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
…encourage it.
Thank you, Mr. President. You mentioned the -- the aspect of lawsuits. Given the fact that the -- the school districts would be the ones responsible for the training, could then -- they then be the ones that, you know, are held liable if -- if mistakes are made in the administration of this -- of the -- of the care?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Thank you for that question. We built into this that there’s only willful and wanton neglect liabilities and -- other than that -- because it’s sort of good Samaritan, it’s using that same language so that there would be no liability.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Thank you, Mr. President. Yeah, I share the philosophy about this. I still haven’t, you know -- again, this is another one of these mandates that I think we’re passing on to school districts, irrespective of the -- the -- the intent here and -- and the -- and the good health of the child. So it’s a difficult issue and I appreciate the sponsor brining it forward. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield for a few questions. Senator Murphy.
Thank you, sir. Senator, forgive me if I’ve missed this. I know Senator Harmon had some incredibly insightful questions that really cut to the chase on this, but I -- under the current situation where there’s no school nurse, is the experience in those schools with children in this situation that parents are finding themselves having to come to work {sic} on a -- maybe a daily basis to tend to their child in these schools?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Yes. Not in all situations. Some school districts really have been working and already doing this because of the federal mandates that already exist. But there is unfortunately still cases where that is what’s happening in schools -- particular 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 schools and school districts. Correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
If I understood your answers to Senator Harmon’s questions, what your legislation would allow is for parents to specifically identify a -- a -- a school -- somebody at the school, personnel, to develop a relationship with, see that they’re appropriately trained and understand their individual child’s issue, and allow for that individual school personnel to tend to the parent -- to tend to their child if the parent can’t get there because they’re at work if there’s an emergent situation that happens before they could get there from work. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
That is correct. Well stated. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
To -- to the bill, Mr. President. I -- I understand people’s concerns about this bill. It’s -- it’s a difficult situation where you have somebody who’s less than a trained licensed individual providing medical care, but I -- we don’t -- we often use the phrase out here, don’t let the perfect be the enemy of the good. The net result of this is an improved environment at the school for these kids. Let’s allow the flexibility. Let’s support Senator Steans’ bill. Senator, I 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 commend you for bringing this bill and working so hard to get it into an improved condition to where we can all hopefully support this bill. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. There are two final speakers and then the sponsor to close. Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. To the bill.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir.
Mr. President and Ladies and Gentlemen of the Senate, I tried and failed before Senator Harmon. And -- and I want to give Senator Steans a great deal of due for clearly dissembling {sic} and then delineating the individual roles which are voluntary. Voluntary is a key element to this. We don’t compel anybody in a school building to do anything, to provide that individualized one-on-one assistance. We don’t compel them to do it. They volunteer to do it. And, frankly, I have to say, if there’s any group of our colleagues who should be for this, it should be those in areas where health care professionals aren’t as accessible. Many of the speakers - and that would largely be downstate areas - many of the speakers have spoke -- we’ve heard from already have been from -- whether it’s Senator Delgado in the City of Chicago or Senator Steans in the City of Chicago, where there’s a high concentration of population, or Senator Syverson in Rockford. There’s high population concentrations. If I put myself in the shoes -- if I was a 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 parent, putting myself in the shoes of a -- of -- of a parent in a downstate community, where the options are inherently less, the resources are fewer, and the likelihood that there’s going to be a full-time school nurse is diminished, I would race to be for this bill, and I hope you’ll see it the same way and vote Aye.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin, our last speaker. And I apologize to those whose lights came on after his. You’ll be recognized on the next bill. Senator Cronin.
Yes, thank you very much, Mr. President. Just -- just one question, just one quick question for the sponsor, if I may, please.
PRESIDING OFFICER: (SENATOR HENDON) …right ahead, Senator Cronin.
What -- what do -- what do the parents -- the parents of children with diabetes genuinely want? I mean, without prompting, without -- you know, what -- what do the parents seek with respect to this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
It is the parents that have really been the ones pushing and advancing this bill. And I do believe it’s the parents who are clearly going to be weighing most carefully what the risk and benefits are to the kids. And it’s the parents who are absolutely supporting this bill. 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans, to close.
Thank you, Mr. President, Members of the Senate. I appreciate the questions and real thought that everyone is giving to this bill. I do prefer to have a school nurse in every building. That’s simply not the situation we are in right now. We do have federal mandates already in place that really require us to do this. This is really just ensuring that we do it consistently and provide a real framework for doing that -- across all schools and school districts. As a -- as it’s been noted, nobody can be compelled to do this. It’s only volunteers who are trained very carefully in that. And I want to just read an excerpt from a letter by Dr. Richard Bergenstal, who’s the President of Medicine & Science with the American Diabetes Association, that says “Insulin is not a dangerous drug in the school setting and the reality is that modern diabetes care depends on the ability of nonmedical personnel to administer it. It is simply unnecessary to require a health care professional to perform a task that children with diabetes themselves learn to perform. And training nonmedical personnel to administer insulin and otherwise manage diabetes is the foundation of diabetes care.” This is consistent with what they want -- what they all suggest nationally. And I very much appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 6065 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 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 all voted who wish? Take the record. On that question, there are 34 voting Aye, 8 voting Nay, and 3 voting Present. House Bill 6065, having received the required constitutional majority, is declared passed. House Bill 6077. Senator Link. Madam Secretary, read the bill.
House Bill 6077. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. This is regarding the military personnel absentee voting. First, it allows special write-in ballots to be used at primary and general election, currently it’s just at general elections. Secondly, allows applications and ballots to be transmitted by fax and electronic transmission. Lastly, it allows the Governor or Board of Directors {sic} (Board Director) to change military absentee procedure in an emergency. These changes are a request of the Federal Voting Absentee {sic} (Assistance) Program, within the Department of Defense, and coordinated with the election laws and provisions of recently enacted Military and Overseas Voter Empowerment Act.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Righter. Senator Righter, sir. Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please? 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Righter.
Thank you. Senator Link, we had a discussion about this bill -- we had a discussion about this bill in the Elections Committee and we talked briefly about the provision in the bill that allows the Board of Elections or a Governor to enact or impose extraordinary procedures with regards to voting requirements. Can you elaborate on that a little bit? I think, at least for some us, when we hear elections and extraordinary procedures being decided by a small group of people or one person, we get a little hinky, so maybe you can enlighten us.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Senator. This is basically just enacting what the Department of Defense and the Military -- Overseas Voter Empowerment Act is. It was upon their request that this be put into the Act.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Well, I -- I generally trust the Department of Defense on matters, particularly with regards to defense matters. I mean, what triggers the extraordinary procedures? What allows them to do that, Senator Link? Do you know?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 I -- I honestly would not know exactly what would trigger that, but I would presume, you know, an act which -- you -- I -- I wouldn’t know, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Is there anything in the bill that gives us any clue as to what might trigger that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
What it -- basically, in here, what it would say is a natural disaster or emergency; however -- mandatory {sic} does not address those called to duty in the event of a disaster. It allows absentee provision to be modified by the Governor or Executive Director of Elections in order to accommodate those military personnel who are unexpectedly called during that -- act of emergency.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, is it on this bill, sir? Okay. The question is, shall Senate -- or House Bill 6077 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 1 voting Nay, none voting Present. Senate {sic} Bill 6077, having received the required constitutional majority, is declared passed. Senator Trotter, for what purpose do you seek recognition, sir?
102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Yes, I would like to apologize to -- to the sponsor of the last bill, 6065. I did not vote for -- in the affirmative, but I want the record to reflect that I would have if I had been in my seat.
PRESIDING OFFICER: (SENATOR HENDON) Vote Aye?
Yes.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect your intention to vote Aye. Senate {sic} Bill 6079. Senator Frerichs. Madam Secretary, read the bill.
House Bill 6079. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Thank you very much, Mr. President. And House Bill 6079 allows two contiguous school districts in Vermilion County to jointly pilot a cooperative elementary school or cooperative high school for up to three years when the district judges the program to best serve students in the districts.
PRESIDING OFFICER: (SENATOR HENDON) 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Any discussion? Senator Burzynski.
Thank you, Mr. President. I simply rise in support of the bill. The sponsor has done a good job. Cooperative schools perhaps could be a wave of the future. So, thank you.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 6079 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 6079, having received the required constitutional majority, is declared passed. We are about to pick up the pace. I warn you. House Bill 6080. Senator Harmon. 6080. Out of the record. House Bill 6082. Senator Raoul. Out of the record. House Bill 6092. Senator Maloney. Madam Secretary, read the bill.
House Bill 6092. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. House Bill 6092 amends the P-20 Longitudinal Educational {sic} (Education) Data System to authorize the Board of Education to collect data from nonpublic higher education institutions. As you know, the P-20 Longitudinal Data System helps us determine tracking and best 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 practices and it makes sense for the nonpublic universities to be involved in this. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6092 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 6092, having received the required constitutional majority, is declared passed. House Bill 6094. Senator Wilhelmi. Out of the record. House Bill 6099. Senator Noland. Madam Secretary, read the bill.
House Bill 6099. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) …Noland.
Thank you, Mr. President. House Bill 6099 amends the Lawn Care Products Application and Notice Act to establish requirements for the application of phosphorous-containing fertilizers. Legislation outlines with surfaces -- excuse me, which services and application materials are appropriate for phosphorous-containing fertilizers and which surfaces and applications are not. Happy to take any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 shall House Bill 6099 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take -- take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. House Bill 6099, having received the required constitutional majority, is declared passed. On bills that are getting over fifty votes, I’m going to take the record, so you want to be recorded. House Bill 6101. Senator Hutchinson. Madam Secretary, read the bill.
House Bill 6101. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hutchinson.
Thank you, Mr. President. House Bill 6101 amends the Criminal Code to provide that a disorderly conduct charge premised on false complaint or report to 9-1-1 is a Class 4 felony. Currently, such an offense is a Class A misdemeanor. This is an initiative of the Illinois Association of Chiefs of Police. Happened out of a situation that happened in Kankakee where we had an officer that died as a result of a false 9-1-1.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6101 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 voting Nay, none voting Present. House Bill 6101, having received the required constitutional majority, is declared passed. House Bill 6103. Senator Demuzio. Madam Secretary, read the bill.
House Bill 6103. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio. Madam Secretary, read the bill. Senator Demuzio.
Thank you. Thank you, Mr. President and Members of the Senate. 6103 indicates that all veterans receiving services at a State-operated mental health facility shall not be liable for services rendered which are not covered by the veterans existing insurance plan. A veteran must be an Illinois resident and meet the definitions of a veteran under the United States Code.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing -- Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Righter.
Senator Demuzio, is there any requirement in the bill that the veteran’s mental health difficulties be connected to his or her service?
PRESIDING OFFICER: (SENATOR HENDON) 107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Demuzio.
No, Senator, there isn’t.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Senator -- Senator Demuzio, is there anything in the bill that would require any kind of copay from the veteran based on an ability to pay? I mean, a veteran who’s clearly wealthy enough to pay at least some contribution towards the system, or is this one where the taxpayers are going to pay…
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Senator, this particular bill is basically the end or the last resort of any health care. There is many health care provisions out here and health care programs. They have many options. If all of those fail, then this would be the last available service that would be out there or the -- the opportunity for them to receive health care.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator -- the question is, shall House Bill 6103 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 6103, having received the required constitutional majority, is declared passed. House Bill 6124. Senator Collins. Senator Collins. Out of the record. House 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Bill 6125. Senator Wilhelmi. Madam Secretary, read the bill.
House Bill 6125. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 6125 amends the Property Tax Code and would allow the county collector to refuse a personal or corporate check within forty-five days of a tax sale or at any time if a previous payment by that same taxpayer was returned by a bank for any reason. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall House Bill 6125 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 6125, having received the required constitutional majority, is declared passed. House Bill 6126. Senator Wilhelmi. Madam Secretary, read the bill.
House Bill 6126. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Wilhelmi.
Thank you, Mr. President. House Bill 6126 amends the Property Tax Code by changing the date when back taxes are sold. Currently, the taxes are sold during the month of October. This bill would change the date to within ninety days after the second installment is due. The bill would delay a tax sale of up to thirty days. The purpose of the bill is to give delinquent taxpayers a little bit more time to pay their taxes before they are sold. Because once the taxes are sold, the cost to redeem them increases significantly. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill -- 6126 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 6126, having received the required constitutional majority, is declared passed. Top of 44. House Bill 6129. Senator Delgado. Madam Secretary, read the -- just a moment, Madam Secretary. Out -- Madam Secretary, read the bill.
House Bill 6129. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado. 110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
Thank you, Mr. President, Members of the Senate. House Bill 6129 amends the Juvenile Court Act to provide that a statement, admission, confession, or incriminating information made by a minor about an offense as part of a behavioral screening, evaluation, or treatment is not admissible as evidence against the minor on the issue of guilt in a juvenile proceeding in the offense. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall House Bill 6129 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 6129, having received the required constitutional majority, is declared passed. House Bill 6152. Senator Haine. Madam Secretary, read the gentleman’s bill.
House Bill 6152. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Good, thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative of my Representative and good friend, Jay Hoffman, who passed this bill allowing an individual, a police officer, otherwise 111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 eligible to participate in the local community’s pension fund by paying the employee/employer interest deductions, because he failed to make a written application to the Board. He was otherwise eligible for a period of four months. I don’t know why he didn’t do it. He forgot.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Burzynski.
Thank you. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Burzynski.
Thank you. Senator, would this apply only to that one official or could it apply to others?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
…President and Senator, I -- the bill was written, according to the constitution, to apply only to this individual. I know of no other person it’s eligible for.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Lauzen.
Thank -- thank you very much, Mr. President. Just to the bill. In committee, there was the discussion about what do our rules and what do our statutes mean when, even according to the sponsor’s very straightforward description of what’s happening here, you know, if a person forgets and then we come and pass a law for it. I mean, what does any of this mean if then they can 112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 come and remedy it this way? I mean, our rules and our laws mean nothing if then you make an exception for a single person who may have just forgot it or forgotten. This is really a wrong direction for us to be going. I would suggest a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, to close.
I would ask for an Aye vote. It’s only applicable to one good -- one person, a police officer, and there is no cost to any local unit of government or pension fund. I ask an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 6152 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 43 voting Aye, 9 voting Nay, none voting Present. House Bill 6152, having received the required constitutional majority, is declared passed. House Bill 6153. Senator Haine. Madam Secretary, read the bill.
House Bill 6153. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This allows DCEO to create financial incentive/ 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 grant programs to encourage private companies to share their new energy technologies with public institutions of higher education, electric cooperatives, State agencies. This is -- uses the American Recovery and Reinvestment Act funds. It’s subject to that - subject, no new money.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6153 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. House Bill 6153, having received the required constitutional majority, is declared passed. House Bill 6178. Senator Bomke. Senator Bomke. Out of the record. House Bill 6194. Senator Pankau. Madam Secretary, read the bill.
House Bill 6194. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Thank you, Mr. President. The Department of Professional Regulation has the custom and practice of selling the information that they get - people that register their different professions - to whomever might want to buy it. This would, in essence, put in place a -- a do-not-sell-my-information. And so on the renewal application or the first application, there will 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 now be a box that you can check if you do not want your information sold to the general public. So I ask for your favorable approval of House Bill 6194.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6194 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 6194, having received the required constitutional majority, declared passed. House Bill 6201. Senator Link. 6201. Madam Secretary, read the gentleman’s bill.
House Bill 6201. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. All this does is change the repeal date for Mercury Switch Removal Act from 1/1/2011 to 1/1/2017.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall House Bill 6201 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 voting Present. House Bill 6201, having received the required constitutional majority, is declared passed. House Bill 6206. Senator Crotty. Madam Secretary, read the lady’s bill.
House Bill 6206. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
Thank you. House Bill 6206, which is an initiative of ISAC, allows any institution of higher learning approved by ISAC as part of the Higher Education Student Assistance Act to be eligible to participate in the State’s 529 prepaid tuition plan, which is -- is known as College Illinois! The bill also allows out-of-state institutions to be eligible provided they meet requirements which would be substantially equivalent to those for in-state institutions as determined by ISAC. The bill makes other technical changes in regard to the calculation in the cost…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6206 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 63 voting -- 53 voting Aye, none voting Nay, none voting Present. House Bill 6206, having received the required constitutional majority, is declared passed. Senator Murphy, for what purpose do you seek 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 recognition, my friend?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point, sir.
I just wanted to introduce from our former colleague, now Congressman, Peter Roskam’s Office, Kitty Weiner is here, up above the clock today. So if we could give a former colleague’s staffer a good warm welcome, I’d appreciate it.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate. And tell Pete to vote with the President. 6231. Senator -- Senator Dillard. Madam -- Mr. Secretary, read the bill.
House Bill 6231. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you, Mr. President. It’s a very simple bill. It adds a licensed physician practicing at a State-funded medical facility to the definition of an employee under the Whistleblower Protection {sic} Act to ensure that they’re protected by the Act. I know of no opposition and appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall House 117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Bill 6231 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 53 voting Aye, none voting Nay, none voting Present. House Bill 6231, having received the required constitutional majority, is declared passed. House Bill 6235. Senator Steans. 6235, ma’am. Mr. Secretary, please read the lady’s bill.
House Bill 6235. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Thank you, Mr. President, Members of the Senate. House Bill 6235 requires the Cook County Treasurer to post information about unchecked -- unchecked -- excuse me, uncashed checks onto its website. I don’t know of any opposition to the bill. Most other counties are already doing this.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Burzynski.
Thank you. Senator, we had a little bit of discussion in committee and we were just more -- more concerned about 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 protecting the consumer, protecting their identity and those kinds of things and -- and I think you gave us the assurance that other counties are doing this successfully and that we don’t have a problem relative to identity theft. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
That is correct.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall House Bill 6235 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 6235, having received the required constitutional majority, is declared passed. House Bill 6239. Senator Wilhelmi. Mr. Secretary, read the gentleman’s bill.
House Bill 6239. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President. House Bill 6239, as amended, would allow six counties, specifically Cook, DuPage, Kane, Lake, McHenry and Will, to establish a system of administrative adjudication of violations for certain county ordinances and 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 moving violations under the Illinois Vehicle Code. The bill sets forth guidelines for the structure of Code hearing units, rules governing administrative hearing proceedings, rules of evidence and enforcement. Currently municipalities are allowed to adjudicate these claims, but counties are not. I ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Duffy.
To the bill, Mr. President. This -- just to make people aware that this extends the authority for red light cameras. This actually gives counties the ability to take the licenses of individuals that have ten red light camera tickets.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, Senator Wilhelmi, to close. The question is, shall House Bill 6239 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 38 voting Aye, 11 voting Nay, none voting Present. House Bill 6239, having received the required constitutional majority, is declared passed. House Bill 6241. Senator Clayborne. 62 -- out of the record. House Bill 6267. Senator Demuzio. Out of the record. House Bill 6268. Senator Burzynski. Out of the record. House Bill 6299. Senator Link. Senator Link. Mr. Secretary, read the gentleman’s bill.
House Bill 6299. (Secretary reads title of bill) 120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 3rd Reading…
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. This creates the East St. Louis Financial -- Advisory Authority Trust Fund. It allows the Authority to deposit money in the Trust Fund and use the funds to pay expenditures such as personnel costs. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Murphy.
Why does the City of East St. Louis need this money?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
This is -- this is basically just their financial advisory to address recent budget concerns and the authority’s appropriation has been reduced -- appropriation’s been reduced that we have been helping ‘em on and this is just their Trust Fund.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
It’s -- it’s my understanding that their budget was cut in 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 half by the State last year and that this quote, unquote, “Financial Advisory Authority” didn’t realize that they were down a hundred and twenty grand in what was coming from the State, so now they only have nineteen thousand dollars left to finish off the fiscal year. Is that accurate?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
You probably know more than I do, but this is -- this is an authority that’s just being created. It’s just to help their oversight authority. That’s all this is.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
To -- to the bill. I -- I -- if you would have said I definitely know more than you, we would have been in complete agreement, but we were close. To the bill: This is -- this is a bailout for one town that doesn’t know how to manage itself. Does anybody else here have a mayor in their district that would like a little State relief this year? Feeling a little tight? Why is East St. Louis, on the southwest corner of the State, at the behest of the Senator from the northeast corner of the State, entitled to a bailout from the people of the entire State? They profoundly mismanaged themselves for decades. This is just the most glaring example. To take precious State dollars, this year, in this environment, away from other real priorities and give it to perhaps the most mismanaged city in the entire State, to reward them for this -- that mismanagement, is utterly mind-boggling to me and indefensible. I strongly 122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link, to close.
Well, I -- I just respectfully disagree with my colleague who -- my esteemed colleague, but this is just an advisory authority trust fund. It has nothing to do with a bailout. And I think that any time we could try to help one of our communities and try to straighten out their financial problems, we are not bailing ‘em out. We are just having a financial advisory trust -- authority trust fund to try to straighten out their problems. I think it’s a positive step forward and I think we should be doing it all over, if we need to. And I ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 6299 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 29 voting Aye, 20 voting Nay, none voting Present. House Bill 6299, having failed to receive the required constitutional majority, is declared failed. Senator Link, for what purpose do you seek recognition, sir?
…President, I would ask that it be put -- House Bill 6299 be put on Postponed Consideration.
PRESIDING OFFICER: (SENATOR HENDON) 6299 will be put on Postponed Consideration. With leave of the Body, we’re going to go back to page 35, House Bill 5120, 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Mr. -- Mr. Secretary. 5120 on page 35 of your Calendar, Ladies and Gentlemen of the Senate. 5120. Senator James DeLeo. Senator DeLeo. Mr. Secretary, read the bill.
House Bill 5120. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Ladies and Gentlemen of the Senate, Mr. President. House Bill 5120 is identical to Senate Bill 3199, we passed out of here just a couple weeks ago. This is in response to the persistent problems of buses in rural areas. We passed legislation last year about mandatory two-way radios. This gives ‘em an option because it’s a burden on the school districts. Senator Righter brought this up in committee and so we made it either/or. They could have a cellular phone or a two-way radio. So I’d ask for a favorable roll call on House Bill 5120, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Murphy.
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Murphy.
Senator, I -- I -- I -- I applaud -- I applaud your concern about the financial straits of the school districts. And an 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 idea was brought to my attention by one of my school board members this year and I wonder if it would fit in the vein that you have brought this bill up in, and that is to roll back the restrictions that we placed on school districts a couple years ago on outsourcing. And I was wondering if you would consider an amendment to this bill to -- in the spirit of giving the school districts more financial flexibility in these difficult times, by rolling back the -- I think it was Senate Bill 1368 of a year or two ago, that effectively killed outsourcing. See if you would be willing to consider such an amendment to this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo. SENATOR DeLEO: No.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall House Bill 5120 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 52 voting Aye, none voting Nay, none voting Present. House Bill 5120, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go to page 38 of your Senate Calendar. House Bill 5527. Mr. Secretary, House Bill 5527. Mr. Secretary read the bill.
House Bill 5527. (Secretary reads title of bill) 3rd Reading of the bill. 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5527 requires that all discounted health care services plan administrators that provides -- that prescription card contains specific information. The discounted health care services plan, this is what’s called -- that little card that is issued by discounted health service plans and it -- it must have the BIN number in certain -- this bill specifies what should be on that card so the consumer has access to -- to their -- to their benefits.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 5527 pass. All those in favor, vote Aye. Opposed, vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 5527, having received the required constitutional majority, declared passed. Now we’re back to our regular schedule, top of page 45. House Bill 6317. 6317, Mr. Secretary. Mr. -- Senator Wilhelmi. Mr. Secretary, read the bill.
House Bill 6317. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi. 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 6317 requires any person who has had his or her privileges revoked by IDNR to pay a reinstatement fee to regain those privileges, similar to the reinstatement system created by the Secretary of State for driving privileges. These privileges would include hunting, fishing, camping, park and site entrance, operating licenses, and others. The purpose of the bill is to provide a dedicated funding stream for the purchase of new Conservation police vehicles with a small -- a small portion of the funds going to safety education. The breakdown is eighty-five percent for vehicles, fifteen percent for education - safety education. This is not an across-the- board fee increase on all constituents. This is where you’ve lost your privileges and now you are trying to get those privileges reinstated. In order to do so, you would have to pay a fee under this bill and this is going to a very worthy cause for Conservation vehicles and education funding. I’d be happy to answer any questions and I ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Righter.
Senator Wilhelmi, in looking at the information I have here on my laptop, it appears that there is a maximum allowable fee, reinstatement fee, of one thousand dollars. Is that true? 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
That is what the bill states, absolutely, Senator. And just to give you a breakdown of some of the suggested reinstatement fees, we’re talking about the maximum being for a first suspension two hundred and fifty dollars to have your -- your -- for a reinstatement of watercraft and snowmobile licenses. On a subsequent suspension, that would be five hundred dollars. So, currently, under this -- this schedule, the maximum would be five hundred dollars in any such reinstatement fee. There will be flexibility between the five- hundred-dollar fee, reinstatement fee, and the thousand dollars allowed in the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Senator, I want to be clear here, because you used the phrase “the maximum fee”. That’s the maximum that has been suggested to you orally, as opposed to what’s written in the bill that we’re going to pass. Correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Senator, yes, the maximum fee structure is, in the bill, cannot exceed a thousand, and in the schedule that I have been given - and -- and I’d be happy to share with you - the maximum fee suggested by the Department would be five hundred dollars for a second suspension for operating a watercraft or a 128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 snowmobile while intoxicated.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. To the bill, please. Thank you. Ladies and Gentlemen of the Senate, not long ago we passed a bill - don’t know if you remember or not - there was some objection to it - a bill for someone who had forgotten to file their paperwork and we said, by State law, that we’ll go ahead and let them slip into the pension system. Now, we’re going to tag people for potentially an extraordinary amount of money to make sure that our Conservation officers have new vehicles. Now, you know what? I’m all for the Conservation officers. I got a ton of ‘em in my district. But those items should not be funded on the backs of these individuals. They should be funded out of the General Revenue Fund. This is nothing other than yet another vehicle to free up money in the General Revenue Fund that should go to the Department of -- to the Department of Natural Resources and do it on the backs of individuals like this. This is too high. This is too much. If the Senator wants to put forth a bill and says this is what the reinstatement fees will be, then let’s do that. But I am not interested in allowing the Governor’s Office, whether it’s this Governor or any other Governor, from being -- giving them the authority to raise those fees up to a thousand dollars. I would urge a No vote, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen.
Senator, is there a guarantee in this bill that this -- these funds, when they’re -- when they create so much hardship on -- on folks and -- when it’s gathered, that they won’t be swept into another fund?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Senator, there’s no such guarantee language in this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
For that reason and for the reason of the previous speaker, I -- I recommend a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Harmon.
Thank -- thank you, Mr. President. Senator Wilhelmi, my understanding that today, if -- if you are -- are suspended -- when your license is suspended for a violation of a Conservation Code provision, you can appeal it and -- and it be reinstated absolutely for free. Is that correct? 130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
That is correct, Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. And -- and this is modeled on the Secretary of State Code. If -- if a driver’s license or another license is suspended, you can’t have it reinstated for free. You need to pay a penalty or a fine. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
That is correct, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you Mr. President. So what we’re doing here is closing a loophole that allows repeat violators of the Conservation Code to continue to get their licenses and privileges reinstated without any fee whatsoever. The Department has proposed a schedule of fees that seemed to me very reasonable on their face. I know that there’s a broader authority in the statute. But this is really directed at people who violate the Code and then come back again and say, I’d -- I’d like my license restored again and again and again. You’re just asking them to pay a -- a modest fee to make sure that that happens. 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
That is correct, Senator Harmon. And it is a modest fee. Mr. President, briefly, we have a list of fees, reinstatement fees - fifty dollars for first suspension and reinstatement for delinquent child support, fifty dollars for ban from State property, fifty dollars for noncompliance with the Interstate Wildlife Violator Compact, fifty dollars for noncommercial point suspension, one hundred dollars for commercial point suspension, one hundred dollars for -- miscellaneous snowmobile or watercraft suspensions including reckless operation, and then only two hundred and fifty if you’re operating one of those vehicles, either snowmobile or watercraft, intoxicated. So this is a modest fee schedule. And one last item, this is against folks who have violated the Code. So it’s not the backs of people across the State of Illinois. It’s -- it’s being assessed against folks who have violated the Code in one of these manners.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill… Senator Haine. The question is, shall House Bill 6317 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 34 voting Aye, 18 voting Nay, none voting Present. House Bill 6317, having received the required constitutional majority, is declared passed. House Bill 6368. Mr. President. Out of the record. House Bill 6380. Senator Wilhelmi. 6380, sir. Out 132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 of… Sir? Mr. Secretary, please read the bill.
House Bill 6380. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President. House Bill 6380 would add one member to the board of the Joliet Regional Port District, making it a ten-member board. It is currently a nine-member board. The new member is to be from the Village of Romeoville where the -- many of you know, the Lewis Airport is -- is located in the Village of Romeoville. It would allow the Village of Romeoville one appointment to this board. I’d be happy to answer any questions and I ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing -- Senator Duffy.
Question for the sponsor. Is this -- is this…
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Duffy.
Is this a paid position?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Senator, I -- I don’t know the answer to that question. I -- I believe it is unpaid, but -- it -- I’m sorry, I’m being 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 told by my capable staff, it is an unpaid position.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate -- House Bill 6380 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, 3 voting Nay, none voting Present. House Bill 6380, having received the required constitutional majority, declared passed. House Bill 6412. Senator Koehler. Mr. Secretary, read the bill.
House Bill 6412. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. House Bill 6412 makes various changes to the credit card -- credit card agreements. I won’t list all those, but I’ll just say that what it does is it eliminates any inconsistencies between Illinois law and federal law regarding credit card rates, fees, credit cards issued to young consumers. Appreciate your support.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall House Bill 6412 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. 134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 On that question, there are 53 voting Aye, none voting Nay, none voting Present. House Bill 6412, having received the required constitutional majority, is declared passed. House Bill 6415. Senator Martinez. Mr. Secretary, read the bill.
House Bill 6415. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 6415 allows the Department of Financial and Professional Regulations {sic} (Regulation) to issue Registered Certified Public Accountant licenses until July 1st of 2012, instead of July 1st, 2010. It also requires the Peer Review -- Administrator to destroy all papers related to the peer review and any documents evidencing the completion of remedial action after the issuance of a final letter of acceptance by the Peer Reviewer {sic} Administrator. It also allows CPAs more time to obtain the Registered CPA designation while it still exists.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6415 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. House Bill 6415, having received the required constitutional majority, is declared 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 passed. Senator Haine, for what purpose do you seek recognition, my friend? House Bill 6416. Mr. Secretary read the bill.
House Bill 6416. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President. I’m just going with the flow. Mr. President, this -- this House bill updates technical definitions regarding the regulation of explosives. Gives some discretion to DNR to deny or revoke a license and requires licensure for magazine keepers. And I ask an Aye vote. It’s an initiative of IDNR.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6416 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 6416, having received the required constitutional majority, is declared passed. House Bill 6419. Senator Kotowski. Out of the record. House Bill 6420. Senator Haine. Back to you, sir. Out of the record. House Bill 6439. Senator Steans. Mr. Secretary, please read the lady’s bill.
136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 House Bill 6439. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) This is on page 45. Senator Haine -- Steans.
I’d be confused with Senator Haine any day. Thank you, Mr. President, Members of the Senate. This House bill establishes a structural -- amends the Structural Pest Control Act to have that already established council set up a subcommittee on bed bug infestations. It also sets a repeal date for this. The idea is to look very carefully over a period of time in what we can do to try to reduce the problem of bed bugs.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6439 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 6439, having received the required constitutional majority, is declared passed. House Bill 6441. Senator Harmon. Mr. Secretary, read the bill.
House Bill 6441. Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon. 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
Thank you, Mr. President. House Bill 6441 is the next step in the path towards a -- a comprehensive integrated network of electronic medical records. It would create the Illinois Health Information Exchange and Technology Act and it would allow us to capture a significant amount of -- of federal stimulus money towards that project. I’m not aware of any opposition and I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Syverson.
Thank you, Mr. President. I just rise in support of this legislation. I know there was some concerns raised about the security or safety or what these records are going to be used for. But I think the sponsor has addressed those in this legislation. And this is going to be a good thing to help lower the cost of health care in Illinois, to allow medical providers and hospitals to be able to share information. So, I thank you -- thank the sponsor for bringing this legislation…
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 6441 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 53 voting Aye, none voting Nay, none voting Present. House Bill 6441, having received the required constitutional majority, is declared passed. House Bill 6459. Senator Raoul. Out of the record. House Bill 6462. Senator Collins. Mr. Secretary -- out of the record. House Bill 6464. Senator Jacobs. Mr. 138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Secretary, read the gentleman’s bill.
House Bill 6464. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Thank you, Mr. President. House Bill 6464 is an initiative of my local police department. It amends the Criminal Code to provide a Class A misdemeanor for any parent or guardian who knowingly leaves their minor child in custody or control of a -- of a sex offender or allows a sex offender unsupervised access to their minor child. I don’t know of -- no opposition. I appreciate your support.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Righter.
Senator Jacobs, what if the parent says, “I didn’t know that person was a registered sex offender”?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Well, I would assume it’d be a parent’s responsibility to know that the person they’re living with has a record. I don’t 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 know about -- in your personal life, if -- if you would know if your wife or your friend or someone had -- had that kind of problem, but I think, you know, you can also go on the registry list. But we’ve had a real problem with parents leaving their children with -- with known sex offenders. And the sex offenders will use the parents sometimes to get into the household to get access to the child. And that’s simply what the Moline Police Department is trying to -- trying to get here.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Well, Senator Jacobs, for the moment anyway, setting aside either my personal life or yours, is there a requirement in the bill that the parent knowingly left their child with a registered sex offender?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
You know, Senator, I am not completely clear on that, but it does seem to me that if a parent is going to leave their child with a sex offender, someone ought to know. And I don’t know -- if the parent doesn’t know, I don’t know who would know.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter? Senator Righter.
Thank you. Senator Jacobs, I bet if you turned to that -- that bright young man who’s to your right and ask him whether or not there’s a knowing requirement, I bet he’ll have the answer for you. 140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
There is not, sir, and that’s why it’s a misdemeanor and not a felony, although some people think it should be a felony to leave your child with a -- with a known sex offender.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
To the bill, if I might, Mr. President. Thank you very much, Mr. President. Just for all you who might be concerned that we would be convicting anyone for something that they did not know -- do knowingly, there is a knowing requirement in the bill. That’s generally a requirement under criminal law under the United States Constitution. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs, to close.
Thank for -- thank you for your help, sir. We’ve had this bill in Iowa for about two years and we’ve seen no -- none of the problems that you suggest. Thank you for your affirmative vote.
IDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 6464 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, none voting Nay, none voting Present. House Bill 6464, having received the required constitutional majority, 141 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 is declared passed. House Bill -- I’m sorry. Senator Burzynski, for what purpose do you seek recognition, sir?
Thank -- thank you, Mr. President. An inquiry of the Chair.
PRESIDING OFFICER: (SENATOR HENDON) State your inquiry, my friend.
Thank you. Did Senator Jacobs vote on his own bill?
PRESIDING OFFICER: (SENATOR HENDON) I don’t knowingly know either way. House Bill 6477. Senator Wilhelmi. Mr. Secretary, read the bill.
House Bill 6477. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 6477 updates Illinois’ power of attorney laws, both powers of attorney for property and powers of attorney for health care, clarifying the powers of the agent, including the power to make property and financial decisions for the principal, as well as the fiduciary nature of the agent’s duty to the principal. The bill also requires recordkeeping by the agent and authorizes access to those records by the Department of Human Services to investigate allegations of financial exploitation by the agent. Importantly, the bill also 142 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 makes an agent liable for violating their fiduciary duty to the principal and provides for the recovery of both restitution and attorney’s fees. Hopefully, AARP got to you with their green sheet in support of the bill. I’d be happy to answer any questions and ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6477 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 52 voting Aye, none voting Nay, none voting Present. House Bill 6477, having received the required constitutional majority, is declared passed. The Chair would appreciate succinct descriptions of your bill if there is absolutely no opposition. House Bill 6748. President Cullerton. Out of the record. House Bill -- we’re going to go back to the top of the order. We did well. House Bill 19. President Cullerton. Out of the record. House Bill -- page 46. House Bill -- House Bill 19 is out of the record. Just a moment. Okay, we’re going to page 32 -- 31. Page 31, House Bills 3rd Reading. I guess I did all right. House Bill 13. Senator Trotter. House Bill 13. Senator Trotter. Out of the record. House Bill 83. Senator Schoenberg. Out of -- you -- Ladies and Gentlemen of the Senate, we are back to the beginning, if you -- out of the record. If you have a bill on the top of the schedule, I recommend you be prepared, because I will move forward quickly. House Bill 84. That is my job, by the way. I’m equal with Democrats and Republicans, equally rushing you. House Bill 84. 143 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Schoenberg. Out of the record. House Bill 156. Senator Bond. Out of the record. House Bill 306. President Cullerton. Out of the record. House Bill 859. Out of the record. House Bill 962. Senator Sullivan. Out of the record. House Bill 991. Out of the record. House Bill 1826. Out of the record. House Bill 2270. Out of the record. House Bill 2314. Out of the record. House Bill 2360. Out of the record. House Bill 2376. Senator Clayborne. Out of the record. House Bill 2469. Out of the record. House Bill 2640. Out of the record. House Bill 3631. Senator Hunter. Out of the record. House Bill 3841. Out of the record. House Bill 3869. Senator Haine. Haine. Out -- I’m telling you. Mr. Secretary, read the bill.
House Bill 3869. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill is an initiative of the Williamson County State’s Attorney and it addresses a problem of huffing these industrial compounds and household chemicals. Provides for intervention by law enforcement.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the -- I’m sorry, Senator Righter. Leader Righter.
144 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Thank you, Mr. President. Will the sponsor yield very briefly, please?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Leader Righter.
Senator Haine, there is an amendment to this bill. Now, you left it in Criminal Law Committee and I’m just curious about whether or not that was inadvertent or is there something that belongs on this bill before we move it out of this Chamber?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, on the question of an amendment to the bill. Was it placed -- Senator Haine, on the…
…the record and answer that question.
PRESIDING OFFICER: (SENATOR HENDON) Out of the record. House Bill 3998. Senator Wilhelmi. Mr. Secretary, read the bill.
House Bill 3998. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President. House Bill 3998 would allow Grundy County to establish an additional TIF district within two years of the effective date of the Act, subject to certain conditions. A little background - Grundy County is looking at two sites for industrial development; however, both have 145 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 significant environmental issues. This bill would allow them to create a TIF district at one of the sites and use the TIF funds to address the environmental contamination. There are two sites. One is owned by Orica, an Australian-based company. The other is owned by Midwest Generation. The goal here is to allow for the development of this contaminated property. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 3998 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, 2 voting Nay, none voting Present. House Bill 3998, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, if we go past your bill for any reason, if you want that -- us to go back to the bill, I will not do it unless we have permission -- a request from the Minority Leader, Leader Radogno, or President Cullerton. Simply, I’m not going to do it. You know, be mad at me. But we are going to do it this one time for Senator Bond, the last time. I’m just showing that I can be nice. Can I be nice? We’re going to go back -- page 31, House Bill 156, for Senator Bond, my friend. Mr. Secretary, read the gentleman’s bill.
House Bill 156. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 146 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Bond.
Thank you, Mr. President. This is a very simple bill. It simply authorizes the Fox Waterway Agency to sell dredge material.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Burzynski.
Will the sponsor yield for a question, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Burzynski.
Yes, does this material that’s been dredged have to undergo testing by the EPA and all of those things to make sure it’s not contaminated soil?
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
That is -- that is not part of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall House Bill 156 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? Don’t be screaming at me. Take the record. On that question, there are 47 voting Aye, 2 voting Nay, none voting Present. House Bill 156, having received the required constitutional majority, is declared passed. Now we’re going to go back to where we were, bottom of page 32. 4587. Senator Hunter. Out -- out of 147 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 the record. House Bill 4623. Senator Steans. Senator Steans. Out -- Mr. Secretary, read the bill.
House Bill…
PRESIDING OFFICER: (SENATOR HENDON) Mr. Secretary, out of the record. House Bill 4644. Senator Bond. Out -- Mr. -- Senator Bomke. Out of the record. House Bill 4647. Senator Meeks. Mr. Secretary, read the gentleman’s bill.
House Bill 4647. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
Thank you so much, Mr. Chairman {sic}. And, as Senator Hutchinson says to Senator Lightford every day when she’s in the Chair, you -- you’re looking awfully lovely today.
PRESIDING OFFICER: (SENATOR HENDON) Well, geesh! I mean, let me stand up then, Rev, you know. Reverend Meeks.
Senate -- House Bill 4647 establishes the CPS Violent Prevention Hotline. This is for students at CPS; whenever there is a -- a crime or something happening and they want to pick up the telephone and call, they can do that. The number should be published in all schools and this will give them anonymity as they’re reporting a crime. I’ll be happy to answer any 148 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the -- I mean - I’m sorry - Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Righter.
Senator Meeks, in this State, we have an eavesdropping statute that requires that if you’re going to -- you’re going to record someone’s call, that you have to get a judicial order in order to do so, with certain exceptions. Is there an amendment to the Criminal Code as part of this legislation that would exempt calls made on a hotline to the Chicago Public Schools as an exception?
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
There is no amendment that I know of, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Additionally, Senator Meeks, I don’t see any language in here that exempts this legislation from the State Mandates Act. So I’m assuming that either you will have a trailer appropriations bill or that there will be funds in the budget, otherwise the Chicago Public Schools need not comply with this, which maybe is a good thing because they might be in violation 149 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 of the law if they do.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
I’ll -- I’ll go back and look at it, Senator, and if I need an -- if I need an additional trailer bill, then I’ll bring one.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Senator, with all due respect, I mean, I understand what you’re trying to do here, but this bill is clearly not, as some say, ready for prime time. I mean, you set up this recording system and the Chicago Public Schools start recording all of these calls, they are in violation of the eavesdropping statute the moment that they do that. And the next call, I’m assuming, will be to State’s Attorney Alvarez and ask her to begin looking into whether or not unauthorized recording is going on. I don’t think there’s any question you’re in need of an amendment here. What I would ask is that you pull this out of the record and we get it right before you ask this Body to vote on it.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
Yeah, Senator, if -- unless I’m just totally mistaken, I thought that the nature of the bill was that the calls had to go to the Chicago Police. The calls doesn’t go to the Chicago Board of Education. The calls on this bill goes to the Chicago Police.
PRESIDING OFFICER: (SENATOR HENDON) 150 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Righter.
Excuse me. That’s correct. But that doesn’t change the violation of the law. So now the police department will be the one -- you’re right, the police department will be the entity that’s violating the eavesdropping statute in Illinois, unless you create a specific exemption for them for this activity.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
Yeah, well, I didn’t see it like that. I don’t see it like that. If it’s deemed unconstitutional, then the courts will handle it.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to the bill.
Thank you, Mr. President. Ladies and Gentlemen, this is a bad idea. This is a bad idea to pass this bill in this form. One, I will guarantee -- it’s not a constitutional issue, but it is a statutory issue. We have a criminal -- we have a law in Illinois that says you’re not allowed to record under circumstances like what are described in this bill without a judicial order, which this bill obviously does not require. So as soon as the Chicago Police Department begins to record these calls, then they’ll be in violation of the law. Additionally, for all of you who have school districts outside of the City of Chicago, since this bill does not have language that exempts it from the State Mandates Act, your taxpayers get to help pay for this. So I would urge a No vote. 151 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Dillard, do -- on this bill, sir? Senator Dillard.
Yes. Yes, sir. Thank you, Mr. President. Would the sponsor yield for a question and maybe a suggestion.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Dillard.
Thank you. Reverend Meeks, we have a law in Illinois known as the Safe to Learn Act that allows for anonymous callers to the Illinois State Police with respect to incidences in school. You know, somebody in the locker down from me has got a gun in there, et cetera. How do we -- do you know whether we record those or how does this mesh with what happens to calls to the Illinois State Police?
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
Thank you so much, Senator Dillard. I don’t know if we record those calls or not. I -- I just know that this bill was given to me by the House sponsor and the reason they gave me this bill is -- and it passed the House 112 to 1 and the reason it did is because we have so much violence in Chicago Public Schools and so they’re trying to figure out a way that if a student realizes that a crime is about to be committed or has been committed, and they want to tell somebody, they could call the police and tell ‘em.
PRESIDING OFFICER: (SENATOR HENDON) 152 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Dillard.
Thank you, Mr. President. Reverend Meeks, I’m going to be for your bill, but I would suggest that you may want to just pull this out of the record today, take a look at how we do it with the State Police and maybe there’s an answer there, and just come back and run this bill maybe without objection.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
Thank you so much, Senator Dillard, and thank you so much, Senator Righter. In that I’m not a lawyer and I don’t have the legal expertise and I know that both of you are honorable gentlemen and that if you see that -- if you see that a bill of mine may have legal problems, then I will be glad to take your suggestion just as if I was advising you on a spiritual matter. I am sure you’d take my suggestion, so I‘ll take it and work on it and bring it back. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) We’re going to take this out of the record, but I don’t believe that those two would take your spiritual advice in all occasions. Senator Jacobs, do you -- what -- for what purpose do you seek recognition, sir?
Point of interest, Mr. President. I did notice that Senator Dillard and Senator Righter both were on the committee that approved this bill and I wish they’d have taken care of this in committee rather than wait to get to the Floor.
PRESIDING OFFICER: (SENATOR HENDON) 153 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 That -- that bill is out of the record. Senate -- we’re moving to the -- Senator Meeks? Okay. Up to the next bill. 4658. Senator Harmon. Out of the record. 4669. Senator Frerichs. Mr. Secretary, read the bill.
House Bill 4669. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Thank you, Mr. President. House Bill 4669 amends the Animal Control Act and the Humane Care for Animals Act to make changes regarding accelerant detection dogs. The legislation exempts accelerant detection dogs from the vicious dog Section of the Animal Control Act when certain requirements are met. And makes it unlawful for any person to do any of the following to an accelerant detection dog: interfering or meddling with the canine. There’s a long list, but I know you want to hurry, so I’d answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4669 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 4669, having received the required constitutional majority, is declared passed. House Bill 4675. Senator Link. Mr. Secretary, read 154 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 the gentleman’s bill.
House Bill 4675. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Mr. -- thank you, Mr. President. House Bill 4675 makes it a Class 4 felony for a child sex offender to knowingly operate, manage, or be employed by, or be associated with a local fair when a person under eighteen years of age are present. And as - - the amendment clarifies that criminal sexual abuse conviction, and -- bans appeals of {sic} (apply to) felony convictions. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4675 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 -- 52 voting Aye, none voting Nay, none voting Present. House Bill 4675, having received the required constitutional majority, is declared passed. House Bill 4691. Senator Viverito. Out of the record. House Bill 4694. Senator Althoff. Mr. Secretary, read the bill.
House Bill 4694. (Secretary reads title of bill) 155 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you very much, Mr. President. House Bill 4694 authorizes the use of 2.5 percent of the Fire Prevention Fund for the administration of the Cornerstone training program and also prohibits any administrative charges or charge-backs, preventing the fund from being swept.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall House Bill 4694 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 52 voting Aye, none voting Nay, none voting Present. House Bill 4694, having received the required constitutional majority, is declared passed. House Bill 4703 -- I mean -- 4708. Senator Cronin. Out of the record. House Bill 4715. Senator Dillard. Mr. Secretary, read the gentleman’s bill.
House Bill 4715. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you, Mr. President. This just clarifies and does create a new offense for the unlawful sale of burglary tools. 156 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 We’ve worked with the Retail Merchants and other groups, including legitimate repossessors to refine this bill. I know of no objection and I’d appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4715 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. House Bill 4715, having received the required constitutional majority, is declared passed. House Bill 4737. Senator Haine. Mr. Secretary, read the gentleman’s bill.
House Bill 4737. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4737 expands the State Employees Group Insurance program to include coverage for physical and occupational therapy. Sets forth just what that is and requires that it must be medically necessary.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Syverson.
Thank you, Mr. President. I certainly understand what the 157 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 sponsor is trying to do. I -- the -- the only concern I raise is that this potentially could be adding cost to the State’s insurance plan. So, with that, thank you.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 4737 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 36 voting Aye, 16 voting Nay, none voting Present. House Bill 4737, having received the required constitutional majority, is declared passed. House Bill 4776. Senator Schoenberg. Mr. Secretary, read the gentleman’s bill.
House Bill 4776. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4776, which passed the Criminal Law Committee without opposition, requires that for defendants convicted of aggravated DUI that results in great bodily harm, permanent disability, or permanent disfigurement, that they -- those individuals are required to serve at least eighty-five percent of their sentences. Currently, as you may be aware, they’re entitled to day-to-day good time credit or good conduct credit. House Bill 4775 {sic}, as a result, would bring the aggravated DUI sentencing and great bodily harm, permanent 158 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 disability, or permanent disfigurement precisely into line with the identical sentencing restrictions for aggravated DUI that’s resulting in death. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) House Bill 4776. The question is, shall House Bill 4776 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 53 voting Aye, none voting Nay, none voting Present. House Bill 4776, having received the required constitutional majority, is declared passed. Leader Righter, for what purpose do you seek recognition, sir?
Thank you, Mr. President. I would simply request the record show -- I would simply request the record show it was my intention to vote No on House Bill 4737.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect.
Thank you.
PRESIDING OFFICER: (SENATOR HENDON) House Bill 4779. Senator Bivins. Out… Mr. Secretary, read the gentleman’s bill.
House Bill 4779. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bivins. 159 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
Thank you, Mr. President. House Bill 4779 allows the court discretion to impose, in addition to any other fine or penalty, an additional criminal penalty on reckless driving or speeding forty miles per hour over the limit - up to a hundred dollars, first offense; five hundred dollars, subsequent offense, per public agency providing emergency response on the violation. This was on the Agreed Bill List in Criminal Law and I know of no opposition and appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4779 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. House Bill 4779, having received the required constitutional majority, is declared passed. Mr. Secretary, Resolutions.
Senate Resolution 806, offered by Senator Sandoval. It is substantive.
PRESIDING OFFICER: (SENATOR HENDON) The Committee on Assignments will convene immediately in the President’s Anteroom. Will members of the Committee on Assignments come to the President’s Anteroom immediately? The Senate will stand in recess until after the Committee on Assignments has concluded their business. The Senate will stand at ease until after the Committee on Assignments concludes its business. The Senate is at ease. 160 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Schoenberg in the Chair. Senate will come to order. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Executive Committee - House Joint Resolution 86, Senate -- Senate Resolution 673, House Bill 2465, House Bill 5057, 5407, 5772, 6202 and 6257; refer -- and, excuse me, Be Approved for Consideration - House Bill 917. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Commerce Committee - Floor Amendment No. 3 to House Bill 2369; refer to the Criminal Law Committee - Floor Amendment No. 3 to House Bill 6462 and Floor Amendment No. 2 to House Bill 707; refer to the Education Committee - Floor Amendment No. 2 to House Bill 19 and Floor Amendment No. 2 to House Bill 2254; refer to the Executive Committee - Floor Amendment No. 2 to House Bill 5483 and Floor Amendment No. 3 to Senate Bill 3775; refer to the Financial Institutions Committee - Committee Amendment No. 1 to House Bill 6113 and Floor Amendment No. 3 to House Bill 4781; refer to the Human Services Committee - Floor Amendment No. 2 to House Bill 5132, Floor Amendment No. 2 to House Bill 5331 and Floor Amendment No. 2 to House Bill 917; refer to the Judiciary Committee - Floor Amendment No. 2 to House Bill 5055, Floor 161 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Amendment No. 2 to House Bill 5409 and Floor Amendment No. 1 to House Bill 6080; refer to the Labor Committee - Floor Amendment No. 2 to -- House Bill 6349; refer to the Licensed Activities Committee - Floor Amendment No. 1 to House Bill 5513 and Floor Amendment No. 1 to House Bill 5890; refer to the Local Government Committee - Floor Amendment No. 3 {sic} (2) to House Bill 2332; refer to the Revenue Committee - Committee Amendment No. 1 to House Bill 3659, Committee Amendment No. 1 to House Bill 5178 and Floor Amendment No. 2 to House Bill 6241; and refer to the State Government and Veterans Affairs Committee - Floor Amendment No. 1 to House Bill 5191. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Ladies and Gentlemen of the Senate, if the Chair could have your attention, please, for some additional committee announcements. Based on the Assignment’s Committee Report that you just heard, like to announce that the following committees will be meeting this afternoon to hear Floor amendments: At 3 p.m., Public Health in Room 212 and Elections in Room 400. 3:15 p.m., Human Services in 212, Judiciary in 400. At 3:30 p.m., Appropriations I in Room 212, Transportation in Room 400 and Education in Room 409. At 3:45, Criminal Law in Room 212, Environment in Room 400 and Local Government in 409. At 4 p.m., the Labor Committee will meet in Room 212. At 4:15, the Executive Committee will meet in 212 and the Revenue Committee will meet at 4:15 p.m. in Room 400. At 4:15 p.m., the Licensed Activities Committee will meet in Room 409. At 4:45 p.m., the Insurance Committee will meet in Room 400, the State Government and Veterans Affairs Committee will meet in Room 409. At 5 162 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 p.m., the Financial Institutions Committee will meet in Room -- in Room 400. At 5:45 p.m., the Telecommunications and Information Technology Committee will meet in Room 212 and the Commerce Committee will meet in Room 409 at 4:45 p.m. today -- 5:45 p.m. today. Thank you. We’ll now proceed to the Order of House Bills 3rd Reading, page 33 on your printed Calendar. House Bill 4781. Senator Collins. Out of the record. With leave of the Body, we will return to House Bill 4802. Senator Sandoval, for what purpose do you seek recognition, sir?
Thank you, Mr. President. Before you proceed with the Calendar, I’d like to have a point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point, sir.
Thank you, Mr. President. Today, visiting from the Southwest Side of Chicago is the Southwest Organizing Project, representing the neighborhoods of Gage Park, Archer Heights, West Lawn. They’re in the -- gallery today and they’re visiting our great City of Springfield and this great Chamber, the Illinois Senate. Like to give them all a round of applause. The Southwest Organizing Project, please stand.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Will our guests in the gallery please rise? Welcome to the Illinois Senate. Proceeding to House Bills 3rd Reading. House Bill 4820. Senator Sandoval. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4820. 163 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Thank you, Mr. President. House Bill 4820 is an initiative of the Secretary of State and it’s cleanup language for a number of -- of issues in the Vehicle Code. It passed unanimously out of committee and I ask a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Sandoval, do you wish to close?
I’d ask a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 4820 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 4820, having received the required constitutional majority, is hereby declared passed. House Bill 4821. Senator Link. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4821. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 164 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Link.
Thank you, Mr. President. House Bill 4821 makes changes to the State Board of Elections duties in order to reduce costs for the Board. The bill will allow political committees to opt to receive notifications from the Board via e-mail. I know of no opposition. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator -- Senator Link, do you wish to close? The question is, shall House Bill 4821 pass. All those in favor will say -- will vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. House Bill 4821, having received the required constitutional majority, is hereby declared passed. House Bill 4842. Senator Sandoval. Mr. Secretary, please read the bill.
House Bill 4842. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Thank you, Mr. President. House Bill 4842 requires the State Board of Election {sic} (Elections) publish a voters’ guide on the website for the general primary election. Currently, it is discretionary. And I ask a favorable vote. 165 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Sandoval, do you wish to close? The question is, shall House Bill 4842 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 49 voting Aye, none voting No, none voting Present. House Bill 4842, having received the required constitutional majority, is hereby declared passed. President Cullerton, for what purpose do you seek recognition, sir?
For purposes of an announcement.
PRESIDING OFFICER: (SENATOR SCHOENBERG) State your point.
Yeah, honored to have some constituents here from my district. We have a group -- Noreen Keeney and a group from Advocate Illinois Masonic Medical Center in my district. We have, I believe, eighty nurses from my district who are up in the gallery. If they could please rise and say hello to the Senate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Will our guests please rise? And welcome to the Illinois Senate. We will now proceed. House Bills 3rd Reading, page 34 on your Calendar. Top of the page. House Bill 4846. Senator Demuzio. She wishes to proceed. Mr. Secretary, please read the bill.
166 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 House Bill 4846. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Yes, thank you, Mr. President and Members of the Senate. This bill will -- would allow appointed or elected seven-member boards of trustees of fire protection districts to decrease from the seven-member board down to five or three members through a referendum. This is an initiative of the Association of Fire Protection Districts, the Illinois Firefighter’s Association, the Illinois Fire Chiefs and the Illinois Fire Protection Districts. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Demuzio, do you wish to close? The question is, shall House Bill 4846 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. House Bill 4846, having received the required constitutional majority, is hereby declared passed. House Bill 4860. Senator Bond. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4860. (Secretary reads title of bill) 167 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Bond.
This bill -- thank you, Mr. President. It addresses a -- a problem known as “wreck chasing”. This makes it unlawful practice under the Consumer Fraud and Deceptive Business Practices for a tow truck operator to arrive at a scene unsolicited and offer a tow.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Bond, do you wish to close? The question is, shall House Bill 4860 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 50 voting Aye, none voting Nay, none voting Present. House Bill 4860, having received the required constitutional majority, is hereby declared passed. House Bill 4879. Senator Wilhelmi. Out of the record. House Bill 4927. President Cullerton. Out of the record. House Bill 4928. Senator Delgado. Out of the record. House Bill 4933. President Cullerton. Out of the record. House Bill 4934. President Cullerton. Out of the record. House Bill 4945. Senator Wilhelmi. 4945. Mr. Secretary, please read the bill.
House Bill 4945. (Secretary reads title of bill) 3rd Reading of the bill. 168 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4945 allows local governments to join with the treasurers of other governmental units for the purpose of jointly investing public funds. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Wilhelmi, do you wish to close? The question is, shall House Bill 4945 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. House Bill 4945, having received the required constitutional majority, is hereby declared passed. House Bill 4961. Senator Dillard. Mr. Secretary, the gentleman wishes to proceed. Please read the bill.
House Bill 4961. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Dillard.
Thank you, Mr. President and Members. A very simple bill. It provides the Illinois State Historic Sites Fund and the 169 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Presidential Library and Museum Operating Funds {sic} (Fund) are not subject to administrative charge-backs. And I’d appreciate a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Dillard, do you wish to close? The question is, shall House Bill 4961 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. House Bill 4961, having received the required constitutional majority, is hereby declared passed. House Bill 4975. Senator Althoff. Out of the record. House Bill 4976. President Cullerton. Out of the record. House Bill 4985. President Cullerton. Out of the record. House Bill 4990. Senator Luechtefeld. Senator Luechtefeld. Out of the record. House Bill 5006. Senator Noland. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5006. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Thank you, Mr. President. This is just a technical change to the bill that was passed last year by Senator Haine, his Senate Bill 3198 - our House Bill 5006 - passed by the Senate 170 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 last year, basically the same form, 56 to nothing. It is an initiative of the Department of Corrections and it amends the Unified Code of Corrections to grant the Department of Corrections the power to issue a -- an order or a warrant whenever a person committed to the Department escapes from a facility or program to which he or she was assigned.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Lauzen.
Thank you. A question for the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Sponsor indicates he’ll yield.
Senator, my analysis says that -- that -- as -- as you read it, that Department of Corrections can issue an arrest warrant for an inmate who has escaped without authority from any Department of Correction facility or program. Why is something like this necessary?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Because sometimes there are just administrative transfers for -- for detainees, if you will, and the -- the Department is the one who’s in charge of the security of this individual and they’re the ones who are making the request for the authority to do this themselves.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen. 171 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
And this is not already in the law?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Well, let me just tell you, the Department of Corrections believes that the authority to issue warrants and to enter them into the LEADS system would facilitate the immediate apprehension of escapees and minimize the risk to the public.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any further discussion? Senator Noland, do you wish to close?
I know of no other opposition to this, except for Senator Lauzen’s concerns. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. The question is, shall House Bill 5006 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 5006, having received the required constitutional majority, is hereby declared passed. We’ll now proceed to the Order of House Bills 3rd Reading, page 35 of your printed Calendar. Top of the page. House Bill 5007. Senator Link. Out of the record. House Bill 5018. Senator Steans. Out of the record. House Bill 5026. Senator Demuzio. Senator Demuzio wishes to proceed. Mr. Secretary, please read the bill.
172 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 House Bill 5026. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Yes, thank you, Mr. President, Members of the Senate. This bill is an initiative of the Department of Insurance in response to a finding from the Auditor General. And what it would do: It amends the work -- Workers’ Compensation Pool Law and it provides that the Department of Insurance shall consider the gross annual payroll of members, which must be at least ten million dollars for active pools not in runoff, when issuing a certificate of authority for the workmen’s comp pool.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Demuzio, do you wish to close?
That’s all right. Thank you. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. The question is, shall House Bill 5026 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 5026, having received the required constitutional majority, is hereby declared passed. House Bill 5043. Senator Noland. Senator Noland. The gentleman wishes to proceed. Mr. Secretary, please read the 173 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 bill.
House Bill 5043. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Thank you, Mr. President. House Bill 5043 requires lifetime registration as a sexual predator for defendants convicted of sexual misconduct with a person with a disability or for any to the following crimes, which would be first degree murder, kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, and child abduction. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Noland, do you wish to close? The question is, shall House Bill 5043 pass. All those in favor, vote Aye. Opposed, Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 5043, having received the required constitutional majority, is hereby declared passed. House Bill 5055. Senator Wilhelmi. Senator Wilhelmi. 5055. Out of the record. House Bill 5060. Senator Haine. Senator Haine. 5060. Out of the record. Senator Harmon. House Bill 5076. Out of the record. House Bill 5095. Senator Link. 5095. The gentleman wishes to 174 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 proceed. Mr. Secretary, please read the bill.
House Bill 5095. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
Thank you, Mr. President. This creates the Pedestrian {sic} (Pedestrians) with Disabilities Safety Act, which guarantees pedestrians with disabilities the same rights to equal access and use of streets, highways, sidewalks, and walkways as nondisabled persons. I know of no opposition. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Link, do you wish to close? The question is, shall House Bill 5095 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 5095, having received the required constitutional majority, is hereby declared passed. House Bill 5124. Senator Bond. Senator Bond wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5124. (Secretary reads title of bill) 175 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Bond.
Thank you, Mr. President. This is a -- a body of work that comes from Representative Chapin Rose and an experience he had in his district. This is very smart legislation. It creates the streamlined auditing and accreditation for Human Services. Basically, the agencies are going to work together to make sure a single non-for-profit isn’t barraged with multiple audits at the same time that could just, you know, be done in a much more efficient and coordinated way. So this is a -- he’s put a lot of work in this and it’s a very good bill. I ask for favorable consideration.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Is there any discussion? Seeing none, Senator Bond, do you wish to close?
Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 5124 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 5124, having received the required constitutional majority, is hereby declared passed. Senator Althoff, for what purpose do you seek recognition?
176 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
Members of the Body, this is a very sad day for me. If you’ll recall, I told you almost three weeks ago that I had fellows from Russia, the Republic of Georgia and Ukraine, who have been visiting the State of Illinois as part of the National Conference of State Legislatures exchange with regard to developing countries. Well, today is the very last day of Kakhaber Abashidze’s stay. He is from the Republic of Georgia. He has been with the Legislative Information Services. I also have my fellow, whose last day is tomorrow, Galyna Kormiyenko, who is from Ukraine and spent a wonderful time with former Senator Walter Dudycz up in Chicago at the museum of Ukraine. And I would just like this body to acknowledge them, thank them for the time that they’ve spent here, and let them know how much we appreciate the fact that they are part of that exchange program and that we do have a say in making other countries more democratic.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you very much and thank you to our guests for all your service. We appreciate it and look forward to you coming back to visit us again. Thank you. We’ll now proceed to House Bills 3rd Reading. House Bill 5130. Senator Demuzio. The lady wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5130. (Secretary reads title of bill) 177 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Yes, thank you, Mr. President, Members of the Senate. This is an initiative of the Illinois State Police. It concerns money that is received by the State Police. What this bill would do is to create the Money Laundering Asset Recovery Fund for moneys that the State Police receive in connection with forfeitures related to money laundering. Also the money deposited -- this money would be deposited in the Money Laundering Asset Recovery Fund, would be administered by the State Police for law enforcement purposes. Also, this bill would -- also provides that a twenty-five dollar assessment imposed on defendants for drug-related offenses must be deposited in the Drug Traffic Prevention Fund.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Demuzio, do you wish to close?
I just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. The question is, shall House Bill 5130 pass. All those in favor, vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. House Bill 5130, having received the required constitutional majority, is hereby declared passed. House Bill 178 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 5132. Senator Harmon. 5132. Out of the record. House Bill 5139. Senator Noland. Senator Noland wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5139. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Thank you, Mr. President. House Bill 5139 creates the Retail Sale and Distribution of Novelty Lighters Prohibition Act, which defines novelty lighters, prohibits their sale and distribution, sets exceptions and sets definitions for the penalty for violating the Act. I know of no opposition and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Noland, do you wish to close?
Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 5139 pass. All those in favor, vote Aye. Opposed, Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 48 voting Aye, none voting Nay, none voting Present. House Bill 5139, having received the required constitutional majority, is hereby declared passed. Now 179 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 proceeding to the Order of House Bills 3rd Reading, page 36 of your printed Calendar, top of the page. House Bill 5147. Senator Cronin. Senator Cronin. Out of the record. House Bill 5149. Senator Hultgren. Senator Hultgren wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5149. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hultgren.
Thank you, Mr. President. This allows special needs trust to be included in the definition of trust for -- in the Pension Code. No opposition to this. Would ask for a favorable vote.
PESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Hultgren, do you wish to close? The question is, shall House Bill 5150 pass. All those in -- 5149 pass. All those in favor, vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 53 voting Aye, none voting No, none voting Present. House Bill 5149, having received the required constitutional majority, is hereby declared passed. House Bill 5150. Senator Righter. Leader Righter. Out of the record. House Bill 5154. Senator Lightford. Senator Lightford wishes to proceed. Mr. Secretary, please read the bill.
180 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 House Bill 5154. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5154 amends the Personnel Record Review Act by prohibiting employee performance evaluations from disclosure under the Freedom of Information Act. I did, in committee, give a little bit of background on how I acquired this legislation. And it came to be because of our Race to the Top negotiations. This was always a huge issue for the Illinois Federation of Teachers. They pretty much moved this issue to the side table and allowed us to negotiate, as they were in negotiations with another department. The day we actually passed the bill, it came to be that in the House that some differences came about. An amendment came forth that included principals, superintendents and teachers, and pretty much that was it. I’d be happy to answer questions and I’m pretty sure I have some and I’ll do my best.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Pankau.
Yes, thank you, Mr. President. Will the sponsor yield for some questions?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Sponsor indicates she’ll yield. 181 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
About five months ago, Governor Quinn signed the new FOIA law and we called it major reform, and yet now we are bringing a bill that will take some of that sunshine away. You explained how you got there and involved in this, Senator, but exactly what privacies are you trying to make sure people don’t see?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
I -- I don’t know if you can characterize it as privacies I wouldn’t want people to see. The premise is, there is -- some protection should be in place for employees and employers. If there is a performance evaluation piece - you work all year, you know your supervisor has set some goals for you to meet - I don’t know that it’s your business or anybody else’s business on what this particular staff person have obtained within that year’s evaluation. I think what is and what should be known is, perhaps, the title that the person is in, how much they’re actually being paid, even so far just to say whether or not they are an employee of the State of Illinois or any other public employee. But how well you did in your actual performance evaluation year-to-year, I think is a -- a measure of privacy. There’s no trust between employer and employee. And the incentives aren’t there to be a good employee.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Pankau.
My understanding is, any information as far as goals, goals attained, things that you’re working on, all of that would be 182 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 redacted. My -- the -- my information says that the only thing that is being requested and that would be able to be made known is if there is a rating system. Let’s say, in a particular department, you get rated on a scale of one to ten, and those ratings would then be allowed to be made public, so that you would be able to be viewed as far as how everybody else goes on a numerical scale. Not necessarily that Joe Smith sucks at his job or something like that. But that only the ratings are the things that are going to be made public.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The Chair requests the question and answer be a little less casual in choice of words. Senator Lightford.
Thank you, Mr. President. Senator Pankau, it’s everything. There’s no limitations. It’s all information.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Pankau.
So -- and is any of it available now?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Yes, and that’s the purpose of the legislation.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Pankau.
So you’re saying that only what’s available now is going to be able to be shown, nothing more?
PRESIDING OFFICER: (SENATOR SCHOENBERG) 183 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Lightford.
Repeat that, please.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Pankau.
So what you’re saying is, in this legislation, only what is available now is going to be able to be made public or sunshine shown on those -- that information, nothing more.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
The bill amends the Personnel Record Review Act by prohibiting employee performance evaluations from disclosure under the Freedom of Information Act.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Pankau.
Is there anything in the employee’s file or -- that could - - could contain evaluations, but could contain other things that is available?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Yes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Pankau.
And that would be? 184 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
What you’ve just stated.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Pankau.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.
We passed a ethics reform legislation and now -- less than six months from now -- we’re now saying, “Okay, teachers and schools, that information isn’t available anymore. Okay, public employees, that information isn’t available anymore.” Seems like piece by piece we’re, in essence, going back to the way it was before. If you’re going to pass sunshine laws, let’s truly make them sunshine. I urge a No vote on this. We need to shine as much sunlight on things as we possibly can. And I don’t see any reason why we should start piece by piece by piece going backwards and putting more stuff and hiding more things and putting it in the shadows. I urge a No vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Millner.
Thank -- thank you, Mr. President. I guess the question we all have to ask ourselves here is, what’s in a performance evaluation and what is it going to be used for? In my career, I 185 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 have conducted hundreds of performance evaluations on many, many different employees. I have written employee evaluations. I had researched the issue of employee evaluations. I have received employee evaluations. I have taught different groups of people, whether in college or law enforcement, how to write performance evaluations, how to conduct ‘em and the research that’s available. So, I, too, believe in sunshine; however, if you are writing a performance evaluation, you typically write it for the employee. You don’t write it for the world to see. When I write an employee evaluation, I do it for that employee to change the behavior to get a better result. When that performance evaluation is written, my goal is to make sure that employee -- their goals are met. Their ability to perform their job is enhanced. I don’t write it for an audience. If I were to write a performance evaluation for an audience, then it would change, because I know that other people are looking at it. Even within an organization, you don’t share the performance evaluation of employee A with employee B. You don’t do it, because once you do that, it becomes ineffective. This is basic knowledge. This is 101. But, yet, we’re now going to be able to share these employee evaluations with the world. And I know that people already have their vote decided, because it’s for political reasons. You don’t want to upset any one group here. But if we truly want to write a performance evaluation to make a difference, if we truly want to conduct these employee evaluations to enhance performance of our employees to make it better, you’ll vote Yes for this bill. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Is there any further 186 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 discussion? Senator Duffy.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill, Senator Duffy.
These are public employees that we’re talking about, so the taxpayers have the right to know what happens with these public employees and what their performance reviews are all about. So I also oppose this bill, even though I have the greatest respect for the sponsor and see what she’s trying to do here. This is -- the taxpayers do have the right and it is not unreasonable for them to know what’s going on with these performance reviews. So, regretfully, I oppose this bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Senator Bivins.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.
You know, one thing I believe in is balance and that’s one thing that needs to occur. And I agree with Senator Millner. Having lived under FOIA requests, I have seen abuses both ways, those who completely ignore the requests and those who abuse it by burdening small agencies with nuisance requests. And not too long ago, we had a individual in our hometown who worked for a school district and they had given a bid out and the bidder that lost the bid filed a FOIA request asking for a lot of 187 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 information under this new law. And being the only employee there at that time in charge of this, he had to get many years of information for this individual. So there are abuses both ways. But I think the key in all of this is -- is balance and I encourage a Yes vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Hendon.
Very briefly. Senator Bivins and Senator Millner made it quite clear. Having been on both sides of the employee evaluation question, it is written for that individual so that individual can correct particular behavior and if it’s going to be on the Internet and available to the entire world, it does become where the person writing the evaluation will be much more sensitive to what they write and then the employee may not gain from it. So I join Senator Bivins and Senator Millner in support of Senator Lightford on this very commonsense legislation. SIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Lightford, do you wish to close?
Thank you, Mr. President. Ladies and Gentlemen of the Senate, I’d just like to bring to light that, because you’re a public employee, you should not be subjected and feel bad and guilty because you’re a public employee. That public employee also pays taxes. We’re all invested in our economy. I don’t know that it’s -- it’s right if -- if public elected officials 188 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 have been guilty for some things, point the finger at us, put sunshine on us all day long. But for every, single employee, because they work in the public sector, to be subject to ridicule such as this, it’s unfair and we should not be making that decision. I think confidentiality between the employee and the employer must exist. If you don’t have trust, you won’t have a good output. You won’t get a good input from the employer and the company themselves will not receive a good output, because they don’t trust that you will not disclose misinformation about them that their neighbors can see and -- and that if they’re landlords, their -- their people who rent from them knows what’s going on in their personal life. There has to be a line that we draw that we do protect the personal interests of people. We do let them know, because you are a public employee, we trust that you will come to work and do a good job. And if you don’t, then you will be disciplined by the employer, not by John Q. Public. There has to be a dividing line and I believe that this bill in itself will do that, restore the public trust. As public elected officials, let our State employees, our local employees know that we do -- we do appreciate their efforts. We do appreciate their work and they should not be subject to -- ridicule, excuse me, by anybody who wants to know their evaluation on their job. So I would really encourage an Aye vote. It’s common sense. It’s -- it’s supporting our employees. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 5154 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all 189 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 voted who wish? Mr. Secretary, please take the record. On that question, there are 45 voting Aye, 9 voting Nay, 1 voting Present. House Bill 5154, having received the required constitutional majority, is hereby declared passed. House Bill 5157. Senator Link. Senator Link wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5157. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
Thank you, Mr. President. House Bill 5157 repeals the temporary absentee {sic} (temporarily absent) student notice Section of the Election Code because these students no longer are a distinguishable subset of absentee voters within the statute, purely cleaned up by {sic} (cleanup of) Public Act 96- 0553. It also requires that only election judges who are eligible to vote within the precinct or the county where they serve may -- may be entrusted to deliver post-election material to election authority. This change is in response to the concerns of a Champaign mother who felt that high school students under eighteen should not be placed in an uncomfortable situation, such as delivering election material. Be more than happy to answer any questions. I know of no objections.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Link, do you wish to close? The question is, shall House Bill 190 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 5157 pass. All those in favor, vote Aye. Opposed, Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 54 voting Aye, 1 voting Nay, none voting Present. House Bill 5157, having received the required constitutional majority, is hereby declared passed. House Bill 5169. Senator Noland. Senator Noland wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5169. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Thank you, Mr. President. Senate Bill 5169 amends the Property Tax Code by excluding property tax extensions used to pay for a county fund to care and for the treatment of its residents who are mentally disabled or under developmental disability in the determination of the aggregate extension. Happy to take any questions anyone might have.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Lauzen.
Thank you, Mr. President. To the bill: When it was originally proposed, this was an exception to the tax caps, but subsequent amendment were -- an amendment was made that corrected that problem and so it passed, as amended, unanimously 191 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 out of Revenue.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Kumbaya. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Okay. The question is, shall House Bill 5169 pass. All those in favor, vote Aye. Opposed, Nay. Voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. House Bill 5169, having received the required constitutional majority, is hereby declared passed. House Bill 5190. Senator Dillard. Senator Dillard. 5190. Out of the record. Senate -- House Bill 5191. Senator Burzynski. Burzynski - Farm Bureau. Out of the record. House Bill 5193. Senator Sullivan. Senator John Sullivan. Out of the record. House Bill -- 5204. Majority Leader Clayborne. Out of the record. House Bill 5206. Senator Dillard. Senator Dillard wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5206. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Dillard.
Thank you, Mr. President. You know, Illinois has a long and storied reputation around the world for having dead voters 192 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 actually vote in elections. And this is an Illinois voting bill dealing with deceased voters. What this does is it updates to the 21st century and permits county clerks to use the new vital records electronic system to remove deceased voters from the voter registration rolls. This bill will enhance our reputation worldwide and break the myth that dead people vote in Illinois. And I’d urge a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) I assume you meant that across the board to include DuPage County as well. Correct? All right. Is there any discussion? Is there any further discussion? Seeing none, Senator Dillard, do you wish to close? The question is, shall House Bill 5206 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 5206, having received the required constitutional majority, is hereby declared passed. House Bill 5217. Senator Haine. Senator Haine. Out of the record. House Bill 5234. Senator Dillard. 5234. Out of the record. 5241. Senator Dillard. Out of the record. We’ll now proceed to the Order of House Bills 3rd Reading, page 37 of your printed Calendar. House Bill 5242, on the Order of Dillard. Out of the record. House Bill 5255. President Cullerton. Out of the record. House Bill 5262. Senator Bomke. Senator Bomke wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5262. (Secretary reads title of bill) 193 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Bomke.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5262 allows an employee who was laid off but returned to State employment to establish creditable service for the period of the layoff. During the committee hearing, Senator Lauzen wanted to know if the actuarial calculation was done in house or was done by a consulting firm, and it actually is done by a consultant - Gabriel, Roeder, Smith & Company. They perform all the -- all of the calculations.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Bomke, do you wish to close?
Ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 5262 pass. All those in favor, vote Aye. Opposed, Nay. Voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 53 voting Aye, none voting Nay, 1 voting Present. House Bill 5262, having received the required constitutional majority, is hereby declared passed. House Bill 5282. Senator Cronin. Senator Cronin. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5282. 194 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Cronin.
Yes, thank you very much, Mr. President. This bill seeks to amend the Code of Civil Procedure and the Joint Tenancy Act to allow a married couple who holds their family residence in revocable trusts - remember, that’s revocable trusts - for estate planning purposes to do so as tenants by the entirety. This will protect the marital home from being sold to satisfy the debts of one of the spouses. Any questions, be happy to answer ‘em. Ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Cronin, do you wish to close on what is conceivably one of your last bills in your career here in the Illinois Senate?
I was hoping we’d have a discussion about, you know -- you know, property rights and division of property and marital estates, but unfortunately nobody seems to have that -- you know, they’re up for that. So that’s okay with me. Ask for your favorable consideration. Thank you very much.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you, Senator Cronin. We’ll have your seatmate give you a hug. The question is, shall House Bill 5282 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On 195 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 5282, having received the required constitutional majority, is hereby declared passed. House Bill 5306. Senator Risinger. Senator Risinger. Out of the record. House Bill 5321. Senator Hutchinson. Senator Hutchinson. Senator Hutchinson wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5321. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hutchinson.
Thank you, Mr. President. House Bill 5321 amends the Criminal Code of 1961 and provides that a person also commits sexual exploitation of a child if he or she in the presence or virtual presence, or both, of a child engages in a sexual act or exposure of his or her sex organs, anus, or breast for the purpose of sexual arousal or gratification of one whom he or she believes to be a child. I just want to make a special note about why “believes to be a child”. This change allows a crime to be committed that the -- or, that the offender “believes to be a child” will allow the police to conduct successful sting operations, so that we don’t have to expose a minor to what the crime would actually be. And I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Hutchinson, do you wish to close? 196 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
I would just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 5321 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 5321, having received the required constitutional majority, is hereby declared passed. House Bill 5322. Senator Lightford. Senator Lightford wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5322. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5322 removes the sunset date on the Preschool for All Children program, which would expire on June 30th of 2010. This is the same measure that we sent over in the Senate version. This is just the House version. I believe we all favorably voted for it and I hope we do the same. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Lightford, do you wish to close? The question is, shall House 197 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Bill 5322 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 51 voting Aye, 2 voting Nay, 0 voting Present. House Bill 5322, having received the required constitutional majority, is hereby declared passed. House Bill 5323. Senator Hendon. Leader Hendon wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5323. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hendon.
Thank you, Mr. President. It’s a very simple bill. It -- was on the Agreed Bill List. It just creates the advisory board for MR and DD, the Community Care Advisory Board. I’d appreciate a Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Hendon, do you wish to close? The question is, shall House Bill 5323 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 5323, having received the required constitutional majority, is hereby declared passed. House Bill 5330. Senator Risinger. Senator Risinger wishes to 198 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 proceed. Mr. Secretary, please read the bill.
House Bill 5330. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Risinger.
Thank you, Mr. President. House Bill 5330 provides that, upon request, the Department of Transportation shall furnish copies of written accident reports to federal, State, and local agencies that are engaged in highway safety research and studies, and provides the report shall be the privileged use of the federal, State, and local agencies receiving the reports and shall be held in -- in confidence. House Bill 5330 attempts to clean up Public Act 95-0757. We passed the exact same language before. It became law. The problem is it’s in the wrong Section of the Illinois Vehicle Code and this will address that thing. So I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Risinger, do you wish to close? The question is, shall House Bill 5330 pass. All those in favor, vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 5330, having received the required constitutional majority, is hereby declared passed. House Bill 5340. Senator Holmes. Out 199 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 of the record. House Bill 5350. Senator Righter. Senator Dale Righter. 5350. Senator Righter.
I asked if there was an amendment, Mr. -- is there an amendment, Mr. President? I’m sorry, we have an amendment in committee. So pull it out of the record, please, Mr. President. I apologize.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Out of the record. Okay, thank you. Senate Bill -- House Bill 5350, out of the record. House Bill 5351. Senator Dillard. Senator Dillard. Out of the record. House Bill 5377. Senator Frerichs. Senator Frerichs wishes to proceed. Mr. Secretary, please read the bill.
House Bill 5377. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Frerichs.
Thank you very much, Mr. President. House Bill 5377 is identical to Senate Bill 3712, which passed this year 56 to 0. It makes several changes to the Veterinary Medicine and Surgery Act {sic} (Practice Act) of 2004. I’d be happy to discuss those with anyone who was interested.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Is there any discussion? Seeing none, Senator Frerichs, do you wish to close? Question is, shall House Bill 5377 pass. All those in 200 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 favor will vote Aye. Opposed, Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. House Bill 5377, having received the required constitutional majority, is hereby declared passed. We will now proceed to the Order of 3rd Reading, House Bills, top of the page of your printed Calendar, page 38. House Bill 5388. Senator Hendon. Senator Hendon wishes to proceed. Madam Secretary, please read the bill.
House Bill 5388. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hendon.
Thank you, Mr. President. This is a very good bill and it simply makes it clear that the nursing home regulations do not necessarily apply to MR and DD. I appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Hendon, do you wish to close? The question is, shall House Bill 5388 pass. All those in favor will vote Aye. Opposed, Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 5388, having received the required constitutional majority, is 201 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 hereby declared passed. House Bill 5409. Senator Martinez. Oh, I’m sorry. House Bill 5398. Senator Hutchinson. Senator Hutchinson wishes to proceed. My bad. Sorry about that. Madam Secretary, please read the bill.
House Bill 5398. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hutchinson.
Thank you, Mr. President. House Bill 5398 amends the Department of Veterans Affairs Act by increasing the size of the veterans advisory council from seventeen to twenty-one by allowing the Adjutant General, the Attorney General, the Secretary of State, and the Director of the Department of Employment Security to each make appointments. House Bill 5398 allows one person to be appointed by each military family organization chartered by the federal government.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Hutchinson, do you wish to close?
Thank you and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 5398 pass. All those in favor, vote Aye. Opposed, Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that 202 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 5398, having received the required constitutional majority, is hereby declared passed. House Bill 5409. Senator Martinez. Out of the record. House Bill 5437. Senator Demuzio. 5437. Senator Demuzio wishes to proceed. Madam Secretary, please read the bill.
House Bill 5437. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Yes, thank you, Mr. Chairman {sic} and Members of the Senate. House Bill 5437 - it’s basically allowing the -- the change of the -- of the bingo in allowing that if a -- a building owned by a church or a veterans’ organization, we would be adding that to a list of acceptable locations for senior citizen organizations to conduct bingo games.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Demuzio, do you wish to close?
Ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. The question is, shall House Bill 5437 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the 203 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 record. On that question, there are 55 voting Aye, 1 voting Nay, 0 voting Present. House Bill 5437, having received the required constitutional majority, is hereby declared passed. House Bill 5444. Senator Noland. Senator Noland wishes to proceed. Madam Secretary, please read the bill.
House Bill 5444. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Thank you, Mr. President. House Bill 5444 expands the ability to seize vehicles used in -- with the owner’s consent in committing a DUI to include aggravated DUI where the owner knew that the vehicle was not covered by a policy of liability insurance. This also expands the capability of an innocent spouse to argue that they should retain use of the vehicle under those circumstances. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Noland, do you wish to close? The question is, shall House Bill 5444 pass. All those in favor, vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 5444, having received the required constitutional majority, is hereby declared passed. House Bill -- 5458. Senator Demuzio. 204 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Out of the record. House Bill 5481. Senator Lightford. Senator Lightford. Senator Lightford wishes to proceed. We’ll wait for you. Madam Secretary, please read the bill.
House Bill 5481. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5481 amends the School Code by changing the provisions under which a school can submit an application for funding a gifted and talent {sic} (talented) education program. And it also establishes professional organization in gifted education to be a recipient of grants and service materials from ISBE. Our gifted education program has really helped a lot of children across the State of Illinois and the Illinois Association of Gifted Children is hoping that local programs that already have sufficient funds be implemented and those that receive even more money from State to assist in low income programs are able to take advantage of this. I realize we have no funds. This doesn’t encourage anything different than what we’re already doing here in our efforts to support gifted education. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Lightford, do you wish to close? The question is, shall House Bill 5481 pass. All those in favor will vote Aye. Opposed, 205 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 5481, having received the required constitutional majority, is hereby declared passed. House Bill 5494. Senator Millner. 5494. Out of the record. House Bill 5501. President Cullerton. Out of the record. House Bill 5513. Senator Martinez. Out of the record. House Bill 5515. Senator Haine. Senator Bill Haine. Out of the record. House Bill 5525. Majority Leader Clayborne. Out of the record. House Bill 5565. Senator Delgado. Senator Delgado wishes to proceed. Madam Secretary, please read the bill.
House Bill 5565. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Delgado.
Thank you, Mr. President, Members of the Senate. On House Bill 5565, amends the Civil Administrative Code of Illinois to define a public health system as a collection of public, private, and voluntary entities, as well as individuals and informal associations; establish a health -- State Health Improvement Plan, which is the SHIP Implementation Coordination Council that includes several State agencies, a range of stakeholders, both private and public, and voluntary sector stakeholders, and participants in the public health system. 206 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 House Bill 5565 describes the powers and duties of the Council. And according to the Department of Public Health, members of the SHIP implementation bill -- I’m sorry, the SHIP Implementation Coordination Council - as a questioned asked by my colleague on the other side of the aisle - will not receive any compensation or reimbursement for travel or other expenses. And as a member of the SHIP Commission, I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Delgado, do you wish to close? The question is, shall House Bill 5565 pass. All those in favor, vote Aye. Opposed, Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 5565, having received the required constitutional majority, is hereby declared passed. Majority Leader Clayborne in the Chair.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schoenberg, for what purpose do you seek recognition?
Thank you, Mr. President. I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.
Mr. President and Ladies and Gentlemen of the Senate, I know I informed the Body earlier today that sometimes it seems like every day is Evanston Day, but today really is Evanston Day 207 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 here at the State Capitol. We have a -- a very distinguished delegation of visitors from my home community, the City of Evanston, which include Mayor Liz Tisdahl, Alderman Melissa Wynne, Alderman Don Wilson, Alderman Mark Tendam, Alderman Jane Grover, Alderman Coleen Burns -- Burrus. They’re also joined by other luminaries, including Northwestern President Morty Shapiro, District 65 Superintendent Hardy Murphy, District 202 Superintendent Eric Witherspoon, and a number of other community leaders. They are in the gallery directly behind the Republican side of the aisle. That’s my deal with Minority Leader Radogno so that she’ll come and speak to the group. So, if you -- we could please give our guests a warm Senate greeting. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Would you please rise? And thanks for coming down to Springfield. I hope you enjoy your day. Thanks for coming. House Bill 5571. Senator Righter. Out of the record. House Bill 5603. Senator Syverson. Out of the record. House Bill 5630. Senator Haine. Out of the record. House Bill 5640. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 5664. Senator Frerichs. Senator Frerichs. Madam Secretary, read the bill.
House Bill 5664. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs, to explain.
Thank you very much, Mr. President. House Bill 5664 208 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 creates the Greece -- Greek Housing Fire Safety Act. This Act provides that in the -- the case of a Greek housing structure constructed on or after January 1st, 2011, must include the installation of automatic fire sprinkler systems. In the instance of Greek housing structure, the construction of which is begun on or after {sic} (before) January 1st, 2011 -- 2011, automatic sprinkler systems are required in every such structure by January 1st, 2019 - eight years from now.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Dahl.
Thank you, Mr. President. Would the sponsor yield -- a few questions?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he’ll yield.
Thank you. Senator, what is the cost for the sprinkler system in -- in a -- in an existing building?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
There is no set cost. It’s based on just -- the building.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl.
Thank you. So the -- if the -- the college owns buildings that are off-site, residential housing, the college is going to be responsible for the cost to put in these systems. Is that right? 209 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
Currently colleges are required to put this in their dormitories. This is expanding it to the -- their Greek houses, fraternities and sororities.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl.
So the -- who’s -- who’s going to be enforcing the sprinkler law?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
Let’s see, I assume the -- well, the enforcement - unit -- units of local government with jurisdiction over territory located -- are responsible for enforcing this Act.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl.
And -- and one -- one final. So this bill attempts to -- it’s going to mandate institutions of higher learning to enforce the sprinkler requirement on houses located under the jurisdiction of that institution. So this requirement is not limited to just public universities, but also to private schools. Is that right?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
210 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Yeah, this applies to units of Greek housing in the State of Illinois.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl.
Could you repeat that, please? I didn’t -- I didn’t hear.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
This applies to units of Greek housing, fraternities and sororities, in the State of Illinois.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl.
Has -- hasn’t it been the practice of the State in -- in the past to not put mandates on private institutions, private schools?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
No, I don’t believe that’s been the practice. The State of Illinois has put all kinds of mandates on codes and enforcements in private residences, private institutions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl.
Okay. I -- I kind of disagree with that, Senator, but I think we need to take -- to the bill. I think we need to take a serious look at this. We’re putting a lot of cost onto older 211 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 types of buildings that are -- are going to be very, very difficult to refurbish with sprinkler systems. Would -- would this have been, you know, strictly for new construction, which I think it probably already is, I wouldn’t have any problems with this at all. But we need to be careful there, what we’re doing, especially to the private schools that we’re mandating this on.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
Thank you. Just -- just a -- I guess, a -- a question for the sponsor. Are we talking about new construction or would a house that’s built in 1958 have to, in the next couple of years, put in a sprinkler system?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
For any new construction, it would -- it requires sprinklers. For older construction, they would have until January 1st, 2019, eight years from now, to become in -- in compliance.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
So, for your average fraternity house at the University of Illinois at Urbana-Champaign that is without sprinklers, or a sorority house, how much money are we talking about?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
212 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Well, for your average fraternity or sorority house at the University of Illinois, it would cost zero dollars, because they are already required to have sprinklers and are in compliance.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
A less palatial fraternity house, like Senator Righter and I -- those -- those universities we attended in Charleston or Macomb, Illinois? I mean, what does it cost to have a sprinkler system for a two-story home?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
I guess it would depend on the square footage of this home, the number of rooms in that home. But what I can tell people is there is definitely an upfront cost. But what you -- what these homes see is a significant reduction in the insurance, the home insurance, they -- or the property insurance they pay for the facility when the sprinklers are installed. And most estimations say that these systems will pay for themselves within ten to twelve years.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
Senator Frerichs, is there any suggestion or requirement that the universities send a notice to the sororities and fraternities that they better get a piggy bank and start planning and putting some money aside in here? Or are they going to get a big surprise in the year 2019? 213 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
Well, I would hope that efforts of communication were made to them. That’s why we’re giving them eight years to start saving, to start preparing for this. But I -- I would hope the universities are responsible in letting this -- the institutions on their campus be informed of this.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
Just one -- one last question. Do you know, what is the sprinkler requirement laws of -- of other major states, like Michigan or Ohio? Do they have these kinds of requirements on Greek housing?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
To be honest, I don’t follow the laws of the State of Michigan or Ohio very closely. I think we have -- we have far better institutions of higher learning. I don’t like to follow their examples.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard. Senator Holmes.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield.
214 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Have -- has there been incidences where there have been fires in dormitories where students have died?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
Yes. Nationwide, there have been several over the last decade. Just within the last few years, I think we had a fire at Millikin, in Decatur, that resulted in the death of a student. And I know that some -- some people are worried about the cost to the people who own these facilities. But I can tell you, I, myself, was not in a fraternity. My wife was in a sorority. And frequently the rooms they’re given, they will use as their study rooms and they will go upstairs to an attic where there are bunk beds, where there are multiple young women or young men living together in a -- in a big facility. And in the case of fire, it is very -- it can be very difficult to get out and to avoid the loss of life. And so that’s why I’m sponsoring this bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes.
Has it been projected that the cost of installing the fire sprinkler system that -- would eventually pay for itself with the savings in insurance?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
Yes. Costs from -- independent advisory boards around the country estimate that the reduction in insurance costs because 215 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 of having these sprinklers in place, over ten years those savings would pay for the initial installation of the systems.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes.
Thank you very much. I urge an Aye vote. This is a matter of public safety and I think it’s imperative that we go ahead and -- and vote on this. And it’s also been shown that it will not be an additional expense to the schools. It will ultimately pay for itself.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield, Senator Syverson.
Senator, you had mentioned that the -- the cost -- insurance savings would pay for itself over ten years. Do you have an -- do you have an idea or information from carriers that would tell you how much of a reduction in premiums there would be for an -- an average policy for having a sprinkler system in place?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
I do not have those numbers in place, but I’d like to answer some -- some previous questions out there. In terms of cost, it costs about two dollars and fifty cents to three 216 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 dollars and fifty cents per square foot. If new water service is required to be brought to the structure, it could cost as much as five thousand dollars. And there was a question about other states. Wisconsin has a similar -- similar law. But I don’t have an answer for the Senator regarding insurance companies.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs -- I mean, Senator Syverson.
Thank you. Well, for those of us who have been involved in that field, the -- the problem has risen in residential or older homes when they’re forced to outfit with sprinkler systems. One, the cost is expensive because of the pressure that you have to have on these. But insurance carriers are finding, in the last few years, that they are paying out more claims because of water leakage and water damage than they were ever to fires to occur in these buildings. So, the rate savings have dropped dramatically, usually to just a -- a small percentage savings, like they would if you have a central alarm system. So the savings from the insurance standpoint really is very minimal, if any, with residential property, as opposed to if you were a large commercial building, be a different story. But when looking at a residential facility, I think that we’d find that we are not talking about thousands of dollars of savings over a ten-year -- over a ten-year period. Again, unless you have something from other carriers that would -- would help give me a number different from what we would have, I’m not familiar with that kind of a savings. So just from that standpoint, I -- I -- I thought it was important people know that the projected 217 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 savings I don’t think will -- will pay for itself by the insurance.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
No, I do not have other findings for the Senator.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Risinger.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR CLAYBORNE) The sponsor will yield, Senator Risinger.
Senator, the universities that I’ve been around and those that -- the colleges that I’ve been acquainted with, most of those have the authority and the ability to approve student housing and -- and have authority over student housing. Is that not the case?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
I would ask the Senator to repeat. Who, you say, has authority?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Risinger.
I believe the universities or the colleges have the authority to approve or disapprove of student housing. 218 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
Officially, sanctioned student housing, yes. But they don’t have the ability to approve private residences that aren’t located on State property.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Risinger.
It’s my understanding that all of the Greek houses, the Greek fraternities and those sororities, are official university housing or sanctioned housing by the university. It seems to me like they have the authority and the ability to require the sprinkler system now. And if it creates a savings, it seems to me like they would have the ability to do that, whether they want to -- if they want to. Is that not true?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs.
…can’t -- I can’t speak to every university in the State of Illinois and every governing board. There are privates. There are publics. So I just can’t answer that question. You know, I…
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Risinger.
Yeah, Mr. President, to the bill. I -- I think this is a case where the universities have the authority to control their housing, and to -- if they feel that it’s necessary to have the 219 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 sprinkler systems, to require that now. I think this is taking away from their authority and their ability to do this. I think it’s overkill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke.
Thank you, Mr. President. To the bill: I -- I just called -- very quickly called a commercial underwriter and the savings, depending on the construction of the building, would save about ten to thirty-five percent, depending on the construction. So, probably be hard-pressed at the ten percent to pay for it in ten or twelve years. Thirty-five percent, it might be possible. But I’m not sure the savings would be all that significant. But, anyway, it’s ten to thirty-five percent.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you, Senator Bomke. Seeing no further discussion, Senator Frerichs, to close.
Thank you very much, Mr. President. I would say that this is something that we’re looking to have uniformity throughout the State of Illinois. So that when parents send their children off to a university in the State of Illinois, they don’t have to follow them down and petition their local city council or they don’t have to petition their university board of trustees to install these. They’d feel safe that their children going off to fraternities or sororities, they would have a certain level of protection. And I understand there are some concerns with costs involved here. Yes, there are some costs involved. I appreciate Senator Bomke looking into this. It’s possible they 220 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 don’t recoup it in ten years, but it is a possibility they can recoup a large portion of it in ten years. But I think ultimately what we’re -- we’re doing here is ensuring safety. We have people living in Greek homes of two to three stories. And while the students’ belongings are in one room, but ten to twelve students often sleep in the same room, called a dormer, on bunk beds. It really could be disastrous in case of a fire. I think this is something important for the safety of our students in the State of Illinois and I request an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill -- 5664 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 39 voting Yea, 12 voting Nay, none voting Present. House Bill 5664, having received the required constitutional majority, is declared passed. House Bill 5677. Senator Haine. Out of the record. House Bill 5712. Senator Sandoval. Madam Secretary, read the bill.
House Bill 5712. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval, to explain.
Thank you, Mr. President, Members of the Senate. House Bill 5712 passed unanimously out of the House. It is a -- an initiative of the Brotherhood of Maintenance of Way Employes 221 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Division of the Teamsters United Transportation Union and it would require that all railroad equipment be treated the same as approaching trains. I’d ask a favorable vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5712 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 5712, having received the required constitutional majority, is declared passed. Senator Haine {sic}, on House Bill 5727. Senator Link. Senator Link, on -- House Bill 5727. Senator Hutchinson, on House Bill… 5727 out of the record. Senator Hutchinson, on House Bill 5732. Madam Secretary, read the bill.
House Bill 5732. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to explain.
Thank you, Mr. President. House Bill 5732 amends the Downstate Public Transportation Act and provides that the annual ten percent growth in appropriation may be exceeded when any participant extends its service area by either -- annexation or intergovernmental agreement.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator McCarter. 222 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 SENATOR McCARTER: I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield, Senator McCarter. SENATOR McCARTER: Senator, is it -- is it true that, under current law, each of the downstate mass transit districts get a ten percent increase in their State subsidy over and above what they got the year before?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
If we pass that in the budget, yes. We have to pass that though.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCarter. SENATOR McCARTER: So you’re saying that -- you’re saying that -- but is it -- is it -- the appropriation typically a ten percent increase?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
Yes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCarter. SENATOR McCARTER: That’s just not a chance. I think, is it not that by statute they get a ten percent increase?
PRESIDING OFFICER: (SENATOR CLAYBORNE) 223 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Hutchinson.
Yeah. Okay. According to the Illinois Public Transportation Association, current law provides that a participant’s appropriation does grow annually by ten percent - no more, no less. This measure is intended to provide a mechanism for current statutory growth in Downstate Operating Assistance Program, or the DOAP, to exceed that when they’re going to pick up additional service areas. So, in 2011, there’ll be thirteen counties that would be eligible to start receiving those funds and two of those areas, Pike County and Putnam County, will be taken in by an existing transit system. So in order to pick up additional areas and expand transit service to those folks who currently don’t have it, they’re going to need the additional funds.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCarter. SENATOR McCARTER: So, whether or not a mass transit district is operated efficiently, we’re going to adhere to the statute of increasing their funding.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
I don’t know that I would characterize it like that, but I would say that when you have a service area that needs to be expanded, this is a one-time thing. They don’t automatically get the ten percent again. They have to apply for it, if I understand this program correctly. Right? They have to apply 224 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 for it to get it that one time. It is not an automatic renewal and it’s just to initiate the expansion of the service to -- to people who don’t have it now.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCarter. SENATOR McCARTER: Are these GRF dollars?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
It is a -- the Downstate Public Transportation Fund is funded from General Revenue Fund transfers based on the amount of sales tax collected within the boundaries of those transit districts.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCarter. SENATOR McCARTER: To the bill: You know, I think this is just one example of some of the problems we’re -- we’re confronted with right now in this budget. I mean, you -- you’ve got -- other districts are going to get less obviously. We’re not increasing the size of the pie. If we’re increasing the size of the pie, we’re going beyond what we can really afford. We’re not living within our means. And I think this is just one example of the -- what we’re -- the problems that we’re confronted with now in the budget. So I would -- I would encourage a No vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl, for what purpose do you seek recognition?
225 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 To the bill. Thank you, Mr. President. With all due respect, I have to disagree with my seatmate with regards to this. This -- this is a bill for -- for downstate and -- and Putnam County is one of the two counties that’s going to be added to this transportation funding. It is -- Putnam County, as you all know, is the smallest county in the State without any large grocery store, any -- any place to shop, any -- any kind of public transportation. Bureau County has public transportation and they are willing to expand their transportation to take care of Putnam County as well. And the funding for this is based upon a portion of the sales tax - and I forget just what it is, but it’s a .3 something of the sales tax that -- that counties get for their public transportation. So -- so this is not a -- a give me from -- from other -- other counties. And -- and -- and what we’re talking about here is a -- is a very, very small amount, when every single year we come into this -- this institution down here and are asked to spend hundreds of millions of dollars to bail out Chicago transportation - the CTA, RTA - and -- and other sources of transportation around the State. When -- when -- this is not going to take any money out of anybody’s pocket here. It’s -- it’s simply with the tax money -- the sales tax money that’s already out there allocated for these -- for these issues. I encourage a Yes vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you, Senator Dahl. Senator Syverson, for what purpose do you seek recognition?
Thank you, Mr. President. A couple questions of the 226 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he {sic} will yield.
Senator, help me understand the -- the last couple questions. Questioners brought up some questions and I guess it has me more confused. The money that is paying this, this is only coming out of sales taxes that are paid in those two counties? It doesn’t go into the State fund and then comes out of that State fund? This money is only sales tax that’s generated in those two counties? Okay. Because my understanding was that this money funding the -- the downstate transit, that money came from the State of -- from the State. That the sales tax -- into the State and then those grants are given out to different communities. So we’re saying that this is only coming from -- and is that the way the current program is run in -- like for our mass transit program in Winnebago County is…?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
As I understand it, it is just from the boundaries of that county and it is just from the sales tax collected there, which goes for that. Now when you expand service, ten percent isn’t enough to cover the cost of adding additional folks into that service territory and that’s decided upon locally. So -- but it’s not -- it’s not new -- it’s not taking any money away from anything else. It -- it’s from that pot -- those pots of funds.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 227 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Senator Syverson.
Then I’m concerned, because, I mean, the -- the legislation talks about the Department recommending higher appropriation levels. If this is -- money is only coming from -- though -- that county, I -- I don’t understand where the State would be -- or, the Department would be putting appropriations in.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
I believe because it goes through the Department -- it goes through IDOT, so the appropriation has to be set by IDOT. The determination as to what -- how much money out of those pots of funds go, has to be appropriated by the Department.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
So IDOT -- IDOT is appropriating the county funds that came from that county or are these the sales tax dollars that go into IDOT from around the State and then a portion of that sales tax goes for mass transit and that goes out in that formula? ‘Cause I -- my understanding is that it’s not sales tax coming from these two counties that are only going back to these two counties. They’re putting money into the State pool with every other and that pool is dividing the money up. I think that’s what -- the way it does. So, does that make sense?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
228 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Yes, and thank you for making that clarification, ‘cause I think when I answered it before, I probably added more confusion to it. But I do think -- those counties are paying into the pool. That pool then gets allocated, but that also begs the point these counties are paying into the pool and they would like service expansion in their area, which is the reason for the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Thank you, Mr. President. Then that -- that brings - which is what I thought - then that brings us to the concern that we’re expanding this program. This county is not paying nearly enough to subsidize the program. They’re joining the program, but they are going to be taking a piece of that pie and either the State has to appropriate more money into that program or that program, that pie, is going to be smaller for all the participants in that. It -- it could only be one or two ways, either less for everybody or we have to appropriate more into that pot to cover this expansion.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
That’s not been my understanding. IDOT -- this is an initiative brought by this transportation organization and -- it was -- in any of the discussions, it was not that we were making a pot of money smaller for other people. This is literally to take care of thirteen counties that would be eligible to start receiving these funds so that they can have public transit. 229 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 That’s my understanding of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Thank you. I think that’s my understanding of the bill as well. That’s why the pot’s getting bigger. That’s why this is new appropriations and there’s more money going into that. That’s why the Association is supporting it, because the locals are going to be -- being held harmless, but we’re expanding the program and so that there’s more money that has to go into the program to cover for this expanded area. So I think what we’re talking about and the reason they’re supporting it is because it talks about the expanded appropriations. So I think it goes back to the original question that was asked that, to do this, there has to be additional appropriations and I don’t know if it’s coming out of -- if it’s coming out of GRF. The other question is, is -- does this mandate that that is required that it come out of GRF or is there discretion of IDOT and does that mean they could change the pie for everybody else?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
Okay, well, my understanding of the bill is that it’s coming out of a pot that exists for this purpose. I understand your point. I will respectfully disagree and ask for an Aye vote. That’s why we’re bringing the bill forward.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
230 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Thank you. And -- and -- in just closing, I -- I -- I know you disagree. Either way -- if I’m wrong, I’d like to know. I just -- but is there something in the bill that would point to the fact that it does not increase GRF funding or it does not take away from existing programs? I don’t know how it can’t do one of those. It has to do one of those two. I don’t know how we expand the pie without spending more money. But if there’s something I’m -- you know, if there’s something we’re missing, I’d be happy to know that. I have no problem supporting it if it’s being paid for by their counties. I just don’t want our districts having to struggle and give up dollars to expand the program.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
Okay. The bill doesn’t speak to taking existing funds. That’s the only way I can answer the question. The bill does not speak -- there’s no language in the bill that we’ve seen so far that says it’s taking funds from any other transit district. So…
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator John Jones.
Thank you, Mr. President. Two things, I need to make an announcement and then to the bill. And -- and I think you for…
PRESIDING OFFICER: (SENATOR CLAYBORNE) You may proceed.
I think for your benefit, I’m going to give the 231 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 announcement first. There’s two outs in the top of the eighth and the Cardinals lead ten to four. Now, to Senator Hutchinson’s bill, I rise in strong support of it. I -- you know, this is an initiative of IDOT and I -- it -- it’s a good piece of legislation and I would just ask everybody to vote Yes. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Seeing no further discussion, Senator Hutchinson, to close.
I would just urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 5732 pass. All in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 46 voting Yea, 8 voting Nay, none voting Present. House Bill 5732, having received the required constitutional majority, is declared passed. Senator Lauzen, for what purpose do you seek recognition?
Thank you very much, Mr. President. On House Bill 5664, I’d like the record to reflect that my intention was to vote Yes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The record will so reflect, Senator Lauzen. The Senate will stand in recess to the call of Chair. After committee meetings, the Senate will reconvene to receive Committee Reports and paperwork. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES) 232 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010
PRESIDING OFFICER: (SENATOR HARMON) The Senate will come to order. Madam Secretary, Committee Reports.
Senator Sandoval, Chairperson of the Committee on Transportation, reports House Bill 4966 Do Pass; Senate Amendment 1 to House Bill 4691, Senate Amendment 1 to House Bill 5193, Senate Amendment 1 to House Bill 6094 recommend Do Adopt. Senator Delgado, Chairperson of the Committee on Public Health, reports Senate Amendment 2 to House Bill 5183 and Senate Amendment 2 to House Bill 6034 recommended Do Adopt. Senator Hunter, Chairperson of the Committee on Human Services, reports House Bill 5696 Do Pass; Senate Amendment 2 to House Bill 917, Senate Amendment 2 to House Bill 5132, Senate Amendment 2 to House Bill 5331 and Senate Amendment 3 to House Bill 5350 recommended Do Adopt. Senator Trotter, Chairperson of the Committee on Appropriations I, reports House Bill 391 Do Pass, as Amended. Senator Meeks, Chairperson of the Committee on Education, reports House Bill 6017 Do Pass; Senate Amendment 2 to House Bill 19, Senate Amendment 2 to House Bill 2254, Senate Amendment 1 to House Bill 5340, Senate Amendment 1 to House Bill 5515, Senate Amendment 1 to House Bill 5836 recommended Do Adopt. Senator Koehler, Chairperson of the Committee on Local Government, reports House Bill 4815 Do Pass, as Amended; Senate Amendment 2 to House Bill 2332 and Senate Amendment 1 to House Bill 4708 recommended Do Adopt. Senator Forby, Chairperson of the Committee on Labor, 233 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 reports Senate Amendment 2 to House Bill 4658 and Senate Amendment 2 to House Bill 6349 recommended Do Adopt. Senator Martinez, Chairperson of the Committee on Licensed Activities, reports Senate Amendment 3 to House Bill 5080, Senate Amendment 1 to House Bill 5513, Senate Amendment 2 to House Bill 6420 recommended Do Adopt. Senator Viverito, Chairperson of the Committee on Revenue, reports House Bill 4652 Do Pass; House Bills 3659 and 5178 Do Pass, as Amended; and Senate Amendment 2 to House Bill 6241 recommended Do Adopt. Senator Haine, Chairperson of the Committee on Insurance, reports Senate Amendments 1 and 2 to House Bill 5217 recommended Do Adopt. Senator Collins, Chairperson of the Committee on Financial Institutions, reports House Bill 6113 Do Pass, as Amended. Senator Crotty, Chairperson of the Committee on Elections, reports Senate Amendment 1 to Senate Bill 2650 recommended Do Adopt. Senator Wilhelmi, Chairperson of the Committee on Judiciary, reports Senate Amendments 1 and 2 to House Bill 5055, Senate Amendment 2 to House Bill 5290, Senate Amendment 2 to House Bill 5409, Senate Amendment 3 to House Bill 5429, Senate Amendment 2 to House Bill 5888, Senate Amendment 1 to House Bill 6080, Senate Amendment 1 to House Bill 6124 and Senate Amendment 3 to Senate Bill 2850 recommended Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports Senate Amendment 1 to House Bill 3869, Senate Amendment 2 to House Bill 5060, Senate Amendment 1 to House Bill 5494, Senate Amendments 2, 3, 4 and 5 to House Bill 5640, Senate 234 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 4/29/2010 Amendment 1 to House Bill 6151 and Senate Amendment 3 to House Bill 6462 recommended Do Adopt. Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment 2 to House Bill 5483 and Senate Amendment 3 to Senate Bill 3775 recommended Do Adopt. Senator Kotowski, Chairperson of the Committee on Commerce, reports Senate Amendment 3 to House Bill 2369, Senate Amendment 1 to House Bill 4984, Senate Amendment 2 to House Bill 5230 recommended Do Adopt. Senator Jacobs, Vice-Chair of the Committee on Telecommunications and Technology, reports Senate Amendment 1 to House Bill 4990 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter, are you seeking recognition? We could get some things done.
Thank you, Mr. President. Actually, I was told that you required my assistance out here. Is that not true?
PRESIDING OFFICER: (SENATOR HARMON) We’re always better for having you here, but I think we’ll get through the Committee Reports expeditiously.
Well, then I look forward to coming back tomorrow morning.
PRESIDING OFFICER: (SENATOR HARMON) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m. on Friday, the 30th day of April, 2010. The Senate stands adjourned. 235