Illinois General Assembly Floor TranscriptsBrowseSenate96th GA

Illinois Senate Floor Debate — April 30, 2010

96th General Assembly (2009-2010) · Legislative day 117 · Regular Session
Chamber
Senate
General Assembly
96th (2009-2010)
Date
April 30, 2010
Legislative day
117
Session
Regular Session
Speaker turns
517
Original
View the source PDF ↗
James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) The regular Session of the 96th General Assembly will come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Richard Sanders of Larkin Avenue Baptist Church in Elgin, Illinois.

PASTOR RICHARD SANDERS

(Prayer by Pastor Richard Sanders)

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Pledge of Allegiance to be led by Senator Jacobs.

Mike Jacobs (D)

(Pledge of Allegiance, led by Senator Jacobs)

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Madam Secretary, Reading and Approval of the Journal.

Jillayne Rock

Senate Journals of February 8th and 9th, 2010.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter.

Mattie Hunter (D)

Mr. President, I move to postpone the reading and approval of the Journal. I don’t have it. Pardon me, Mr. President. I move that the Journals just read by the Secretary be approved, unless some Senators has additions or corrections to offer.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter moves to approve the Journal just read by the Secretary. There being no objection, so ordered. Madam Secretary, Reading and Approval of the Journal.

Jillayne Rock

Senate Journal of Thursday, April 29th, 2010. 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter.

Mattie Hunter (D)

I’m really blowing it today. Thank you. Thank you, Mr. President. I move to postpone the reading and approval of the Journals just read by the Secretary, pending arrival of the printed transcripts.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter moves to postpone the reading and approval - - the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Messages from the House.

Jillayne Rock

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 575. 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 941, with House Amendments 1, 4 and 5; Senate Bill 1826, with House Amendments 1 and 2; Senate Bill 2551, with House Amendment 1; Senate Bill 3047, with House Amendments 1 and 2; Senate Bill 3070, with House Amendment 2; and Senate Bill 3747, with House Amendment 1. All passed the House, as amended, April 29th, 2010. Mark 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Mahoney, Clerk of the House.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Will all Members at the sound of my voice please come to the Floor? We’re going to proceed with House Bills 2nd Reading, and if you’re not here, the courtesy probably will be we will not go back through the Calendar unless there’s some -- some special circumstances. So, with all -- will all the Members at the sound of my voice please come to the Floor, particularly if you have anything on House Bill 2nd Reading? Turning to page 39 is House Bills 2nd Reading. House Bill 19. With leave of the Body, we will return to that at a later time. Madam Secretary, House Bill 80, please read the bill. Okay. Take that out of the record. House Bill 150. Senator Cullerton. Senator Cullerton. Out of the record. House Bill -- 391. Senator Trotter. Senator Trotter. Out of the record. House Bill 537. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 707. Senator Lightford. Senator Lightford. Out of the record. House Bill 895. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 917. With leave of the Body, we’ll return to that at a later time. House -- turning to top of page 40. House Bill 923. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 1026. Senator Wilhelmi. Out of the record. House Bill 1075. Senator Cullerton. Out of the record. House Bill 1313. Senator Cullerton. Out of the record. House Bill 2254. Senator Lightford. Senator Lightford. Out of the record. House Bill 2263. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 2332. Senator Crotty. Madam Secretary, read the bill. 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

Jillayne Rock

House Bill 2332. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive passed -- adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Crotty.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty, to explain.

M. Maggie Crotty (D)

Amendment No. 2 becomes the bill. Do -- and this would move the date of the newly elected township collectors and assessors and multi-township assessors to take office in the third Monday of May following their election in April.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator -- I mean, House Bill 2263. Senator Cullerton. Senator… I’m sorry. House Bill 2369. Senator Wilhelmi. Madam Secretary, read the bill.

Jillayne Rock

House Bill 2369. 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 2.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) There any Floor amendments approved for consideration?

Jillayne Rock

Yes. Floor Amendment 3, offered by Senator Wilhelmi.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi, to explain.

A. J. Wilhelmi (D)

Thank you, Mr. President. Floor Amendment No. 3 to House Bill 2369 relates to the IFA recovery zone bonds. It would allow for any county out of the hundred and two to voluntarily waive or cede its allocation under ARRA back to the IFA. This also would apply to municipalities - eligible municipalities. And then they can also require, by ordinance, that the IFA reallocate that allocation to a regional development authority. Lastly, it requires for notice to be given to the IFA upon a bond sale by any of these counties or municipalities. And, finally, the IFA will then need to report every thirty days to the General Assembly on the status of these allocations.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question -- I’m sorry. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 3rd Reading. House Bill 2386. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 2428. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 2598. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 3659. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 3677. Senator Cullerton. Senator Cullerton. Out of the record. Turning to top of page 41. House Bill 3806. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 3833. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 3845. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 3900. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 3962. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 4652. Senator Frerichs. Madam Secretary, read the bill.

Jillayne Rock

House Bill 4652. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 4667. Senator Lightford. Senator Lightford. Out of the record. House Bill 4681. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 4711. Senator Maloney. Out of the record. House Bill 4778. Senator Koehler. Senator Koehler. Madam Secretary, read the bill.

Jillayne Rock

House Bill 4778. 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 4815. Senator Wilhelmi. Madam Secretary, read the bill.

Jillayne Rock

House Bill 4815. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 4825. Senator Delgado. Madam Secretary, read the bill.

Jillayne Rock

House Bill 4825. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 4966. Senator Steans. Madam Secretary, read the bill.

Jillayne Rock

House Bill 4966. (Secretary reads title of bill) 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 2nd Reading of the bill. No committee or Floor amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 4973. Senator Luechtefeld. Madam Secretary, read the bill.

Jillayne Rock

House Bill 4973. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Turning to top of page 42 is House Bill 4984. Senator Koehler. Madam Secretary, read the bill.

Jillayne Rock

House Bill 4984. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments?

Jillayne Rock

Floor Amendment 1, offered by Senator Koehler.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Koehler, to explain.

David Koehler (D)

This was an agreed-upon bill. It was worked out with the - 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 - Midwest Technical Institute and the Board of Higher Education and it just clarifies some things between them.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Lightford. Well, Senator Millner, for what purpose do you seek recognition?

John J. Millner (R)

For a point of personal privilege, if I may.

James F. Clayborne Jr. (D)

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

John J. Millner (R)

Today I would like to welcome my Page, Jacob Johnsen. His -- his father, Stewart, and his sister, Isabella, up in the balcony. Jacob’s a sophomore at Downers Grove High School, and I think it’s -- be Senator -- I’m not sure which Senator. Senator Cronin’s constituent.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Jacob and your family, we want to welcome you to Springfield. Please give Jacob a warm recognition. Thanks for coming. Senator Schoenberg, for what purpose do you seek recognition?

Jeffrey M. Schoenberg (D)

Thank you, Mr. President. I rise on a point of personal 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 privilege.

James F. Clayborne Jr. (D)

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

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I want to first thank all my colleagues for the gracious hospitality that they showed during Evanston Day yesterday, especially Leader Radogno, who came to speak to the delegation of luminaries who was here. And as part of our Evanston’s International Cultural Exchange with Leader Radogno’s area, I have today with me my Page for the Day, from Western Springs, Daniel Frese. Daniel, who’s joined by his dad, Art, in the gallery directly behind the President’s Podium. Daniel is a student at Lyons Township High School. He’s a freshman. His interests include baseball, computers. He plays the piano and he wants to be an engineer either in computers or in aerospace. Let’s give Dan and his father a warm Senate greeting. Thank you.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to Springfield, Daniel. Glad you came. Hope you enjoy yourself. Senator Althoff, for what purpose do you seek recognition?

Pamela J. Althoff (R)

Point of personal privilege, Mr. President.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.

Pamela J. Althoff (R)

As the Body will recall, yesterday I introduced two of the NCS {sic} (NCSL) fellows that had been here working in 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 government process for the last month. I have -- I have the third and last fellow who is leaving tomorrow. Next to me, I have Yulia Zhuykova, who is from Russia. She, too, is -- spent the last month. It’s been a marvelous experience. She’s worked very hard in the LIS department here in Springfield. And, again, I just would love to acknowledge the program as well as all of the participants and say thank you, and thank her for her services. Thank you.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you and welcome to Springfield. Glad you’re here. Returning to the Order of House Bills 2nd Reading is House Bill 5065. Senator Lightford. Senator Lightford. Out of the record. House Bill 5080. Senator Lightford. Senator Lightford. Out of the record. House Bill 5085. Senator Koehler. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5085. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 5178. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 5230. Senator Murphy. Senator Murphy. Out of the record. House Bill 5331. Senator Sullivan. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5331. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there -- are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Sullivan.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, to explain.

John M. Sullivan (D)

Thank you, Mr. President. Good morning. There -- the three -- the amendment makes three changes to the bill at the request of the Department of Healthcare and Family Services. First of all, it clarifies that the payments must be aligned with the ground mileage payment rates. Secondly, it clarifies that the service rate changes shall -- shall be subject to available appropriations. And then, finally, it specifies that the -- that the Department may set payment rates for ground ambulance services by administrative rule.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will say -- say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Cullerton, on Senate Bill -- House Bill 5416. Out of the record. Senator Noland, on House Bill 5429. Madam Secretary, read the bill.

Jillayne Rock

12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 House Bill 5429. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 2.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland, to -- I mean, I’m -- are there any further Floor -- are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 3, offered by Senator Noland.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland, to explain.

Michael Noland (D)

Thank you, Mr. President. The amendment becomes the bill. As you know, House Bill -- thank you. All right. Amendment 3 clarifies that the Homeowners’ Solar Rights Act only applies to homes subject to a homeowners’ association, common interest community association, or condominium unit owners’ association. That is sum and substance, the nature of the amendment. …you.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed will say -- opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Delgado, on House Bill 5696. Out of the record. Senator Hendon, on House Bill 6017. Senator 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Hendon. Out of the record. Senator Pankau, on House Bill 6034. Madam Secretary, read the bill.

Jillayne Rock

House Bill 6034. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Pankau.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau, to explain.

Carole Pankau (R)

Thank you, Mr. President. This amendment says that the Department of Public Health will have technical assistance on playgrounds, the safety of -- playgrounds, how they should be built, on their website.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Iris Martinez, on House Bill 6113. Madam Secretary, read the bill.

Jillayne Rock

14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 House Bill 6113. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Lightford, on House Bill 6151. Senator Lightford. Out of the record. Turning to top of page 43, House Bills 2nd Reading, is -- is House Bill 6195. Senator Cullerton. Out of the record. House Bill 6349. Senator Sullivan. Madam Secretary, read the bill.

Jillayne Rock

House Bill 6349. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Labor adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Sullivan.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, to explain.

John M. Sullivan (D)

Thank you, Mr. President, Members of the Senate. The amendment comes at -- at the request of the Labor Committee. It provides that a private right of action may only be brought 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 thirty days after a complaint has been filed. It also says -- or any time after the filing of a complaint if the Department notifies any interested -- party or person aggrieved by the violation of the Act.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. Senator Sullivan, for what purpose do you seek recognition again?

John M. Sullivan (D)

Thank -- thank you, Mr. President. Also, there -- there does need to be another technical change, a minor change, that - - that we would like to do on the Floor. So, just want to let you know about that. It’s not been filed yet. Is that correct? Yeah. It’s not been filed yet, but there will be a technical change coming on the Floor.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Catie Sheehan with WICS seeks leave to videotape. Seeing no objection, leave is granted. Senator Viverito, on House Bill 6359. Out of the record. We’ll stand at ease for a moment. Mike Sullivan with Ameren seeks leave to take photograph. Leave is not granted. Senator Schoenberg in the Chair. (At ease)

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 With leave of the Body, we will return to House Bills 2nd Reading. Page 39 of your printed Calendar. House Bill 19. Majority Leader Clayborne. Madam Secretary, are there any Floor amendments approved for consideration? Madam Secretary, please read the bill.

Jillayne Rock

House Bill 19. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Clayborne.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.

James F. Clayborne Jr. (D)

Yes, I would like to withdraw Floor Amendment No. 2.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne wishes to withdraw Floor Amendment No. 2. Are there any further Floor amendments, Madam Secretary?

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Leave of the Body, we will proceed, on the Order of House Bills 2nd Reading, to the bottom of page 39 of your printed Calendar. House Bill 917. Majority Leader Clayborne wishes to proceed. Madam Secretary, please read the 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 bill.

Jillayne Rock

House Bill 917. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Human Services adopted Amendment No. 1.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Clayborne. Have there any -- have there been any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Clayborne.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. President. We just changed the effective date from immediate until January of… I’m sorry. I’m sorry. We -- Floor Amendment No. 2 becomes the bill. It just clarifies that providers may assist with applications for medical assistance for recipients of those services.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The opinion of the Chair, the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. With leave of the Body, we will proceed. 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Page 42 of your printed Calendar, House Bills 2nd Reading. House Bill 5230. Senator Murphy. Gentleman wishes to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 5230. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce adopted Amendment No. 1.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) There any Floor amendments approved for consideration, Madam Secretary?

Jillayne Rock

Floor Amendment 2, offered by Senator Murphy.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Murphy.

Matt Murphy (R)

Thank you, Mr. President. Floor Amendment 2 is a technical amendment. It is an agreed amendment between the Chamber and DCEO and I ask for its adoption.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senator Clayborne in the Chair. 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) With leave of the Body, we’re going to go back through the Order of 2nd Readings. Starting with House Bill 80. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 80. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendments 1, 2, and 3.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 150. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 150. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 391. Senator Trotter. Senator Trotter. Out of the record. House Bill 537. Senator Cullerton. Madam Secretary, read the bill. 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

Jillayne Rock

House Bill 537. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 543. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 543. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 707. Senator Lightford. Senator Lightford. Out of the record. House Bill 895. Senator Cullerton. …Secretary, read the bill.

Jillayne Rock

House Bill 895. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Turning to top of page 40 is House Bill 923. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 923. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Pensions and Investments adopted Amendment No. 1 and the Committee on Executive adopted Amendment No. 2.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 1075. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 1075. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 1313. Senator Cullerton. Madam Secretary, read the bill. 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

Jillayne Rock

House Bill 1313. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 2254. Senator Lightford. Senator Lightford. Madam Secretary, read the bill.

Jillayne Rock

House Bill 2254. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Lightford.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford, to explain.

Kimberly A. Lightford (D)

Yes.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford, to explain.

Kimberly A. Lightford (D)

Excuse me, Mr. President. Out of the record. 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) House Bill -- out of the record. House Bill 2263. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 2263. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 2386. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 2386. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 2428. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 2428. 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) There any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 2598. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 2598. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill -- I’m sorry. House Bill 3659. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 3659. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there -- are there any Floor amendments approved for 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 3677. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 3677. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for -- approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Turning to top of page 41 is House Bill 3806. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 3806. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 3rd Reading. House Bill 3833. Senator Cullerton. Madam Secretary, read the -- read the bill.

Jillayne Rock

House Bill 3833. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 3845. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 3845. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 3900. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 3900. (Secretary reads title of bill) 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 3962. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 3962. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Skipping down to House Bill 4681. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 4681. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Skipping over to page 42 to House Bill 5416. Senator Cullerton. Madam Secretary. I’m sorry. Out of the record. Turning to page 42. House Bill 5178. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5178. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Skipping down to House Bill 5416. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5416. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 6017. Senator Hendon. Madam 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Secretary, read the bill.

Jillayne Rock

House Bill 6017. (Secretary reads title of bill) 2nd Reading of the bill. No committee of Floor amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Top of page 43 is House Bill 6195. Senator Cullerton. Madam Secretary, read the bill.

Jillayne Rock

House Bill 6195. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) There any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. We’ll stand at ease for a moment. (At ease) Turning to page 46. In the middle of page 46, Consideration Postponed. House -- I mean - I’m sorry - Senate Bill 3064. Senator Trotter. Madam Secretary, read the bill.

Jillayne Rock

Senate Bill 3064. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Trotter. 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. We’ve heard this legislation before, as you know and see this was on Postponed Consideration. It amends the General Not For Profit Corporation Act that prohibits homeowners’ associations from dredging any sediment or silt from a body of water located within a common area of the association or redepositing sediment or silt on any property within that association, unless testing, notice, and member approval requirements are met. Any member of the homeowners’ association may obtain injunctive relief if the requirements of the provision are not met. This has been amended to exclude those larger associations and, certainly, it has no impact on those associations that are doing this -- doing this necessary work to ensure the quality of life of all of their members.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) We will have one proponent and one opponent. Senator Bomke, for what purpose do you seek recognition?

Larry K. Bomke (R)

Thank you, Mr. President. To the bill: I would disagree with Senator Trotter that this will not have a detrimental effect on all the legitimate homeowner associations. And, in fact, it will. It will affect them a great deal. I have a homeowner association subdivision south of Springfield, called Glenwood Park. I don’t know if any of you have heard of that subdivision. I have a -- a close friend that happens to live in that subdivision. I mean literally a close friend. And it will hurt ‘em. This will be very detrimental to any homeowner association in the State, not to mention how it might adversely 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 affect those that are in the business providing the services. So I would encourage a strong No vote.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Seeing no further discussion, Senator Trotter, to close.

Donne E. Trotter (D)

One, I guess I just haven’t heard what that detriment will be. This is just asking that that homeowners’ association allows at least a majority of the members to know what’s going on where they’re paying their association fees and dues; asking that, in fact, that there’s some environmental studies before they allow this -- this water to actually seep in the backyard where their children play. Now, if they’re already in compliance with those rules, then it’s good. This is good for, again, not only just for the environment as a whole, but especially good for the individuals who live in those residences. And I just ask for an Aye vote.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 3064 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 32 voting Yea, 18 voting Nay, none voting Present. House {sic} Bill 3064, having received the required constitutional majority, is declared passed. House Bill -- I mean - I’m sorry - Senate Bill -- Senator Burzynski, for what purpose do you seek recognition?

J. Bradley Burzynski (R)

Well, I know we had only one opponent speak. So -- there are reasons why this bill is bad and so I’m going to ask for a verification. 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) That is always in order, Senator Burzynski. Senator Burzynski has requested a verification. Will all Members please be in their seats? Senator Hendon, for what purpose do you seek recognition?

Rickey R. Hendon (D)

Mr. President, I -- I know a verification is always in order and I’m certain Senator Burzynski, as a Leader on that side of aisle, understands the procedure. It would be good, however, if, you know, the esteemed -- my esteemed colleague and good friend from the other side of the aisle would simply look over here and count heads. If he would do that, he would know that there are enough Democrats in the Chamber. So that his decision to call for postpone -- I mean, for a verification is - - is just stalling the process of the Senate. And as the Presiding Officer of the day, I would like for you to rule if it wouldn’t be better for the Senate if he would simply look over here and do a head count. Because I know that if there’s Senators in the -- in the bathroom that they’re going to be coming out immediately and force them to -- it makes absolutely no sense whatsoever.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) The -- the Secretary will read -- the Secretary will read the affirmative votes.

Jillayne Rock

The following Members voted in the affirmative: Clayborne, Collins, Crotty, Delgado, Frerichs, Garrett, Haine, Harmon, Hendon, Holmes, Hunter, Hutchinson, Jacobs, Emil Jones, Koehler, Kotowski, Lightford, Link, Maloney, Martinez, Meeks, Muñoz, 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Noland, Raoul, Schoenberg, Silverstein, Steans, Sullivan, Trotter, Viverito, Wilhelmi and Mr. President.

James F. Clayborne Jr. (D)

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

J. Bradley Burzynski (R)

Thank you, Mr. President. You know, when people are in their seats, it’s easier to count. And, you know, I’d like to thank Senator Hendon for his comments and we’ll take that into consideration if we have another verification later. But, you know, right now, I -- I think you’re all here. So, thank you. I have no questions.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Having received the required constitutional majority -- on a verified roll call, there are 32 voting Yea, none voting -- I mean, 18 voting Nay, none voting Present. Having received the required constitutional majority, House -- Senate Bill 3064 is declared passed. Senator Noland, on Senate Bill 3095. Out of the record. House Bill 6299. Senator Link. Madam Secretary, read the bill.

Jillayne Rock

House Bill 6299. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Link, to explain.

Terry Link (D)

Thank you, Mr. President. This bill -- and I want to emphasize again, this is the East St. Louis Financial Advisory 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Authority Trust Fund. And I want to say “Advisory Authority Trust Fund”. This is not the bailout. This is nothing but just an advisory trust fund, that oversight to help solve a problem we have down there. Be more than happy to answer any questions.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Murphy.

Matt Murphy (R)

To the -- to the bill, Mr. President. This -- this bill didn’t get any better overnight. It is as bad a bill today as it was yesterday, or the day before, or whenever else we voted on it. I didn’t take the time to do the math on just how far East St. Louis is from Waukegan, but I know it’s pretty far. The fact that we’ve got a financial authority - a financial authority, doesn’t that suggest some level of competence? - that doesn’t know that their budget was cut by a hundred and twenty thousand from the State and now has to come back and ask us for a bailout - and it is a bailout, make no mistake - suggests that this is a unit of government we should not be helping any further. Think about in your districts, my fellow colleagues - how many of them, how many mayors, have come to you and talked about what tight fiscal straits they’re in this year. How many of them would like an extra hundred and twenty grand from the State to pay their pension costs that have gone up? How often have you heard from your mayors on that issue? Don’t bail out one of the worst run, if not the worst run, entities in the entire State and reward them for their gross incompetence and negligence. Please vote No on this bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 shall House Bill 6299 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. Take the record. There are 27 voting Yea, 18 voting Nay, 1 voting Present. House Bill 6299, having failed to receive the required constitutional majority, is declared failed. Senator Hendon, for what purpose do you seek recognition?

Rickey R. Hendon (D)

Don’t worry about it.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) On page 36, top of page 36, of the Calendar is the Order of House Bills 3rd Reading. This is final action. Final action. Senator Righter, on… Senator Hultgren, on House Bill 5744. Senator Hultgren. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5744. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hultgren, to explain.

Randall M. Hultgren (R)

Thank you, Mr. President. This bill is -- allows licensed medical professionals from other states to be able to come and work in a free clinic here in Illinois without going through the licensure here. So it sort of just fits under the Good Samaritan Law. We already have that for free clinics, but this allows licensed medical professionals from other states to be able to come and work without pay in free clinics here. No 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 opposition to this. Would ask for the -- the support of the Body.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5744 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 50 -- 51 voting Yea, none voting Nay, none voting Present. House Bill 5744, having received the required constitutional majority, is declared passed. House Bill 5745. Senator Harmon. Out of the record. House Bill 5749. Senator Dillard. Senator Dillard. Out of the record. House Bill 5752. Senator Hunter. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5752. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter, to explain.

Mattie Hunter (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 5752 creates the Chronic Disease Nutrition and Outcomes Advisory Commission, focusing on HIV/AIDS and nutrition. And I ask for an Aye vote.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5752 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 wish? Have all voted who wish? Have all voted who wish? Take the record. There are 50 voting Yea, none voting Nay, none voting Present. House Bill 5752, having received the required constitutional majority, is declared passed. House Bill 5762. Senator Forby. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5762. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Forby, to explain.

Gary Forby (D)

Yes, thank you. House Bill 5762 is a shaken baby bill. It’s where a person or somebody takes a baby and shakes them to death and they’re convicted, they have to register. So that’s what this bill does. If you take a baby, you shake it, and he ends up dying over it, and so you have to register these people. It throws a red flag up. I think we need to keep an eye on them. I ask for an Aye vote.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5762 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. There are 53 voting Yea, none voting Nay, none voting Present. House Bill 5762, having received the required constitutional majority, is declared passed. House Bill 5781. Senator Silverstein. Madam Secretary, read the bill.

Jillayne Rock

38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 House Bill 5781. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein, to explain.

Ira I. Silverstein (D)

Thank you, Mr. President. This creates the Reciprocal Tax Collection Act. It would allow the Department of Revenue to enter into reciprocal agreements with other states for the collection of taxes in other states owed.

James F. Clayborne Jr. (D)

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

Dale A. Righter (R)

Thank you, Mr. President. Will the sponsor yield, please?

James F. Clayborne Jr. (D)

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

Dale A. Righter (R)

Thank you, Mr. President. Senator Silverstein, I just was looking on my screen here and noticed there were 24 No votes over in the Illinois House of Representatives. Knowing how in tune you are with the other Chamber, can you provide us with a response -- or -- or some information on why that might have been the case?

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein.

Ira I. Silverstein (D)

I hate to break the news, but I’m not that in tune with the House. So I -- I don’t have an answer to your question.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Senator Righter.

Dale A. Righter (R)

Would you care to speculate?

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein.

Ira I. Silverstein (D)

We’re both lawyers, Senator Righter. We don’t speculate. You know that.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

Dale A. Righter (R)

Then I would simply advise, particularly my Members on my side of the aisle, as -- Senator Silverstein gives his lengthy closing, because he is a lawyer, that they take a moment to look over their staff’s analysis and the bill itself, perhaps even, and figure out whether or not this would be good an Aye -- good an Aye vote. Thank you.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Seeing no further discussion, the question is, shall House Bill 5781 pass. I’m sorry. I’m sorry. The question is, shall House Bill 5781 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. There are 51 voting Yea, 1 voting Nay, none voting Present. House Bill 5781, having received the required constitutional majority, is declared passed. House Bill 5819. Senator Sandoval. Senator Sandoval. Out of the record. House Bill 5821. Senator Haine. Out of the record. House Bill 5823. Senator Kotowski. Madam Secretary, read the bill. 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

Jillayne Rock

House Bill 5823. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski, to explain.

Dan Kotowski (D)

Thank you, Mr. President. How are you? Thank you, Mr. President. How are you?

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Just wonderful, Senator.

Dan Kotowski (D)

Good to see you. And, Ladies and Gentlemen of the Senate, this is a -- a terrific piece of legislation that utilizes mobile assistance units to assist homeless veterans in the procurement of services other than mental health and preventive health services. It restricts the services being provided through the mobile assistance units to mental health screenings, preventive health care, and crisis intervention.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Bivins.

Tim Bivins (R)

Thank you, Mr. President. Just to make Members aware that this is subject to appropriation. It is a good idea, but -- I do have a question for the sponsor.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) You sure?

Tim Bivins (R)

I think I am. 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) I’m sorry. Sponsor indicates he will yield.

Tim Bivins (R)

Do -- do we know how much this program will cost?

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski.

Dan Kotowski (D)

At this point, we don’t have a -- a fiscal note attached to it. As we talked about in committee, Senator - I know you raised this issue and this concern - the fact is, there is grant dollars that are typically made available for vets who suffer post-traumatic stress through the Department of Veterans’ Affairs and we’re trying to make services available to that veterans’ population. We have two hundred and fifty thousand vets who suffer from post-traumatic stress disorder; two hundred and fifty thousand suffer from traumatic brain injury throughout the country. A lot of ‘em come from Illinois, have served, and we’re just trying to figure a way to target these services. So we don’t have a fiscal note yet, but once we identify that, I’m sure that money will be available.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill 5823 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 43 voting Yea, 9 voting Nay, none voting Present. House Bill 5823, having received the required constitutional majority, is declared passed. Turning to top of page 37. House Bill 5833. Senator Bond. Senator Bond. Out of 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 the record. House Bill 5836. Senator Collins. Senator -- Senator Collins seeks leave of the Body to return House Bill 5836 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5836. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 1, offered by Senator Collins.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Collins, to explain.

Jacqueline Y. Collins (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill -- or, the amendment -- Floor amendment is a technical change. It removes a reference to a subsection.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion -- and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 5838. Senator Althoff. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5838. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, to explain. 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

Pamela J. Althoff (R)

Thank you very much, Mr. President. House Bill 5838 deletes language requiring outdoor physical fitness facilities that are not within three hundred feet of a building that houses an AED to have a portable AED available when an activity or event is being conducted. The Chicago Public Schools were having extreme financial difficulty in meeting this requirement, but it is limited to that three hundred feet. Bill has been agreed to by the American Heart Association and the proponents. Be happy to take any questions.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5838 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 54 voting Yea, none voting Nay, none voting Present. House Bill 5838, having received the required constitutional majority, is declared passed. House Bill 5858. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 5863. Senator Cronin. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5863. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cronin, to explain.

Dan Cronin (R)

Thank you very much, Mr. President. House Bill 5863 allows 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 any person who seeks to serve to -- as a substitute teacher in Illinois, they can register as a substitute teacher with one regional superintendent of schools in a educational service region where they will be employed and the original ROE may share that registration information with other ROEs in which the individual may wish to teach. Basically, if somebody wants to substitute teach in southern Illinois, they go in for their criminal background check; they do all what there suppose to do with the regional office there. And let’s say they move and they want to then teach up in the north suburbs. They don’t have to go and go through that whole process again. It’s a very simple, straightforward bill. They share the information. It’s -- ask for your favorable consideration.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5863 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 54 voting Yea, none voting Nay, none voting Present. House Bill 5863, having received the required constitutional majority, is declared passed. House Bill 5873. Senator Link. Senator Link. Senator Link. Out of the record. House Bill 5888. Senator Dillard. Senator Dillard. Madam Secretary, read the bill. Senator -- Senator Dillard seeks leave of the Body to return House Bill 5888 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5888. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Floor Amendment 2, offered by Senator Dillard.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard, to explain.

Kirk W. Dillard (R)

Thank you, Mr. President. This is a bill that comes from the Chicago Bar Association and it’s the Uniform Arbitration Act. This amendment makes a technical provision. It removes a part of the bill. And we also put in some language that some of the unions wanted, to say that when things are silent, the collective bargaining agreement is what it’s all about. And I will explain the bill on 3rd Reading, but I’d move its adoption.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Kotowski, on House Bill 5890. Out of the record. Senator Frerichs, on House Bill 5907. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5907. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs, to explain.

Michael W. Frerichs (D)

46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Thank you very much, Mr. President. House Bill 5907 is identical to Senate Bill 3721, as amended, which passed the Senate 43 to 0 to 1 voting Present earlier this Session. So whoever voted Present may want to consider voting Present again. There is no known opposition to the bill. It’s supported by the Illinois Retail Merchants Association, Illinois Environmental Protection Agency and the Illinois Environmental Council. I request a favorable vote.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5907 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 54 voting Yea, none voting Nay, none voting Present -- I mean, 1 voting Present. House Bill 5907, having received the required constitutional majority, is declared passed. House Bill 5914. Senator Raoul. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5914. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain.

Kwame Raoul (D)

Hello, Mr. President, and Ladies and Gentlemen of the Senate. House Bill 5914 amends the Code of Corrections to provide that when a juvenile committed under the Juvenile Court Act violates a condition of parole, the Prisoner Review Board 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 may continue the existing term of parole with or without modifying conditions of parole, release to a group home, recommit until twenty-one unless terminated earlier. It also amends the Children’s {sic} (Children) and Family Services Act to require that -- the Juvenile Justice Commission recommend due process protections for minors during release decision-making process, such as parole revocation proceedings and release on parole, in its upcoming report.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5914 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 43 voting Yea, 7 voting Nay, none voting Present. House Bill 5914, having received the required constitutional majority, is declared passed. House Bill 5931. Senator Raoul. I’m sorry. 5917. Senator Cullerton. Out of the record. House Bill 5918. Senator Raoul. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5918. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain.

Kwame Raoul (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5918 amends the Good Samaritan Act to provide immunity for civil -- from civil damages for any person 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 who in good faith provides emergency care, without fee or compensation, to any person at the scene of an emergency that requires the evacuation of a building. The -- this immunity does not apply to willful -- willful and wanton misconduct on the part of the person providing the emergency care. The bill applies to all causes of action accruing on or after the effective date of this bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5918 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 54 voting Yea, none voting Nay, none voting Present. House Bill 5918, having received the required constitutional majority, is declared passed. House Bill 5931. Senator Raoul. Madam Secretary, read the bill.

Jillayne Rock

House Bill 5931. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain.

Kwame Raoul (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5931 prohibits a law enforcement officer or State’s Attorney from asking an alleged victim of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse to submit to a polygraph 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 examination or any other form of mechanical or electrical lie detector.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5931 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 55 voting Yea, none voting Nay, none voting Present. House Bill 5931, having received the required constitutional majority, is declared passed. House Bill 5933. Senator Cullerton. Out of the record. House Bill 5960. Senator Cullerton. Out of the record. Turning to top of page 38 is House Bill 6080. Senator Harmon. Senator Harmon seeks leave of the Body to return House Bill 6080 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 6080. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 1, offered by Senator Harmon.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon, to explain.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The underlying bill creates two new adoption forms, paperwork if you will. The amendment deals with some drafting errors and some clarifications. I’d move for its adoption and look forward to debating the bill on 3rd Reading.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor, 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Raoul, on House Bill 6082. Madam Secretary, read the bill.

Jillayne Rock

House Bill 6082. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain.

Kwame Raoul (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 6082 amends the Condominium Property Act in -- in a Section that sets forth the “30-50” rule. The bill provides that, in terms of voting, garage or storage units shall have, in total, no more votes than their aggregate percentage of ownership in the common elements. The purpose of this bill is to address a situation where condo developers could potentially use storage units or parking spaces as part of their vote calculation. Unpurchased units or spaces can then inflate the developers’ vote count.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 6082 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 wish? Have all voted who wish? Have all voted who wish? Take the record. There are 55 voting Yea, none voting Nay, none voting Present. House Bill 6082, having received the required constitutional majority, is declared passed. House Bill 6094. Senator A.J. Wilhelmi. Madam Secretary, read -- I’m sorry. Senator -- Senator Wilhelmi seeks leave of the Body to return House Bill 6094 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 6094. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 1, offered by Senator Wilhelmi.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi, to explain.

A. J. Wilhelmi (D)

Thank you, Mr. President. The amendment becomes the bill and I’d be happy to explain it on 3rd Reading.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) All those -- is there any discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 6124. Senator Collins seeks leave of the Body to return House Bill 6124 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 6124. Madam Secretary, are there any Floor 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 amendments approved for consideration?

Jillayne Rock

Floor Amendment 1, offered by Senator Collins.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Collins, to explain.

Jacqueline Y. Collins (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment 1 clarifies that the increased limitation periods of House Bill 6124 apply to childhood sexual abuse actions commenced on or after the effective date of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any further Floor -- is there any discussion? All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Bomke, on House Bill 6178. Madam Secretary, read the bill.

Jillayne Rock

House Bill 6178. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke, to explain.

Larry K. Bomke (R)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 6168 {sic} provides an arresting authority 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 is responsible for any qualified medical expense related to -- relating to the arrestee until the arrestee is placed in the custody of the sheriff. Be happy to answer any questions.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 6178 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 54 voting Yea, none voting Nay, none voting Present. House Bill 6178, having received the required constitutional majority, is declared passed. House Bill 6208. Senator Ira Silverstein. Madam Secretary, read the bill.

Jillayne Rock

House Bill 6208. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein, to explain.

Ira I. Silverstein (D)

Thank you, Mr. President. This is -- amends the provision of the Public Utility {sic} (Utilities) Act that regulates the activities of third-party representatives who are employed by the electric suppliers. Under the bill, as amended, it will allow their commissions as part of the -- the total price on solicitation beginning on July 1st, 2011.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 6208 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 wish? Have all voted who wish? Have all voted who wish? Take the record. There are 52 voting Yea, none voting Nay, none voting Present. House Bill 6208, having received the required constitutional majority, is declared passed. House Bill -- with leave of the Body, we’ll return to House Bill 6241. House Bill 6267. Senator Demuzio seeks leave of the Body to return House Bill -- out of the record. House Bill 6268. Senator Burzynski. Senator Burzynski. Out of the record. House Bill 6271. Senator Althoff. Madam Secretary, read the bill.

Jillayne Rock

House Bill 6271. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, to explain.

Pamela J. Althoff (R)

Thank you very much, Mr. President. House Bill 6271 requires the Illinois Transparency and Accountability Portal database to include all employees hired after this Act becomes effective. It requires that the database need -- needs to be searchable and include the following items: the employee’s name; the employing State agency; the employing State division; the employment position title; current pay rate and year-to-date pay; county of employment location; Rutan status; status of the position as subject to a collective bargaining, merit compensation, or exemption status; employment status as probationary, trainee, intern, certified, or exempt; and the status as a military veteran.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Is there any discussion? Seeing none, the question is, shall House Bill 6271 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 54 voting Yea, none voting Nay, none voting Present. House Bill 6271, having received the required constitutional majority, is declared passed. Senator Cullerton, on House Bill 6368. Madam Secretary, out of the record. House Bill 6419. Senator Kotowski. Out of the record. Senator Haine seeks leave of the Body to return House Bill 6420 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 6420. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Haine.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain.

William R. Haine (D)

Thank you, Mr. President. Floor Amendment No. 2 is merely a technical amendment changing “and” to “or”.

James F. Clayborne Jr. (D)

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

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Turning to top of page 39 is House Bill 6450. 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Senator Martinez. Madam Secretary, read the bill.

Jillayne Rock

House Bill 6450. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Martinez, to explain.

Iris Y. Martinez (D)

Thank you. On -- on House Bill -- Mr. President and -- and Members of the Senate. House Bill 6450 allows people who have had their driver’s license suspended because they have been found to be delinquent on their court-ordered child support payments limited driving privileges to seek employment. Any permit issued for the purpose of seeking employment shall be limited on Monday through Friday between the hours of -- of 8 a.m. and 12 p.m. It also allows the Department of Healthcare and Family Services to direct the Secretary of State to issue a family financial responsibility driving permit and sets forth rules and procedures for the issuance of the permits. And I’ll be happy to answer any questions.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 6450 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 54 voting Yea, none voting Nay, none voting Present. House Bill 6450, having received the required constitutional majority, is declared passed. Jason -- Wambsgans, with the Chicago Tribune, seeks leave to take still 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 photos. Seeing no objection, leave is granted. On the Order of 3rd Reading is House Bill 6459. Senator Kwame Raoul. Madam Secretary, read the bill.

Jillayne Rock

House Bill 6459. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain.

Kwame Raoul (D)

Thank you, King James, Ladies and Gentlemen of the Senate. House Bill 6459 makes two forms of -- of synthetic THC, otherwise known as K2, Schedule I controlled substances and provides a penalty for possession of a Class 4 felony. 6459 is the preferred K2 bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 6459 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 55 voting Yea, none voting Nay, none voting Present. House Bill 6459, having received the required constitutional majority, is declared passed. Senator Collins seeks leave of the Body to return House Bill 6462 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 6462. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 3, offered by Senator Collins. 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Collins, to explain.

Jacqueline Y. Collins (D)

Thank you, Mr. President and Ladies and Gentlemen of the Assembly. Amendment 3 makes technical changes to House Bill 6462 as amended. First, it adds offenses to the list of prostitution-related offenses for which a second or subsequent violation would result in an enhanced penalty. Second, it clarifies the vehicle impoundment provision to provide that an arrested person may recover an impounded vehicle two hours after arrest upon payment of the specified fee.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Raoul.

Kwame Raoul (D)

This is -- to the bill: This is a -- oh, this is a Floor amendment. Oh, I’m sorry. Yeah, let’s pass this Floor amendment today, ‘cause I really have a great appreciation for Senator Collins.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado.

William Delgado (D)

I want to concur with my colleague.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Okay. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 3rd Reading. House Bill 6748. Senator Cullerton. Out of the record. We’ll stand at ease for a moment. Senator Risinger, for what purpose do you seek recognition?

Dale E. Risinger (R)

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

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.

Dale E. Risinger (R)

I have with me today a gentleman that’s a constituent of mine, but also a good friend. His name is Brian Elsasser. He is a member of the County Board in Peoria County. He’s going to shadow me today. I -- I want the Senate to give him a warm welcome, if they will.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Thanks for being here. Hope you enjoy your day. We will stand at ease for a moment. (At ease) Senator -- Senator Schoenberg in the Chair.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) With leave of the Body, we will proceed to House Bills 3rd Reading, page 38 of your printed Calendar. House Bill 6241. Senator Clayborne seeks leave of the Body to return House Bill 6241 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 6241. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Clayborne.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne. 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

James F. Clayborne Jr. (D)

Thank you, Mr. President. It -- the bill {sic} just changes the effective date from immediate until January of 2011.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senator Harmon, for what purpose do you seek recognition?

Don Harmon (D)

For purposes of an introduction, Mr. President.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.

Don Harmon (D)

Thanks to Senator Kotowski’s diligence. He recognized a group from my district in the gallery. We have a group of eighth-grade students from River Grove School in my district. I’d ask you all to join me in welcoming them to the Senate.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Will our guests from River Grove School please rise? And welcome to the Illinois Senate. The Senate will now stand at ease for a few moments while the Committee of {sic} Assignments convenes in the President’s Anteroom. The members of the Committee on Assignments could please come to the President’s 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Anteroom immediately. The Senate will now stand at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senate will come to order. Madam Secretary, Committee Reports.

Jillayne Rock

Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the State Government and Veterans Affairs Committee - Senate Resolution 792, Senate Resolution 802, Senate Resolution 806 and House Joint Resolution -- 103; and Be Approved for Consideration - Floor Amendment 3 to House Bill 6349. Signed by Senator James F. Clayborne, Chairman.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Madam Secretary, Messages from the House.

Jillayne Rock

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 580. 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 851, with 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 House Amendment 1; Senate Bill 2554, with House Amendment 1; Senate Bill 2819, with House Amendments 1 and 2; Senate Bill 3118, with House Amendment 1; Senate Bill 3295, with House Amendment 1; Senate Bill 3320, with House Amendment 1; Senate Bill 3359, with House Amendments 1, 2 and 3; Senate Bill 3509, with House Amendments 1 and 2; Senate Bill 3628, with House Amendment 1; Senate Bill 3635, with House Amendment 1; and Senate Bill 3661, with House Amendment 1. All passed the House, as amended, April 30th, 2010. Mark Mahoney, Clerk of the House.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Madam Secretary, Messages from the Governor.

Jillayne Rock

I have a Message from the Governor dated November 3rd, 2009. Message for the Governor by Sean Vinck, Chief Legislative Counsel to the Governor. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individuals to the offices enumerated below and respectfully ask concurrence in and confirmation of these appointments by your Honorable Body. Signed by Pat Quinn, Governor. I have a Message dated November 4th, 2009. Message for the Governor by Sean Vinck, Chief Legislative Counsel to the Governor. Mr. President - The Governor directs me to lay before the 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Senate the following Message: Correction: Dear President Cullerton - Below you will find a corrected copy of the Senate Message submitted to your Honorable Body November 3rd, 2009. Please accept this Senate Message for your consideration. Sincerely, Pat Quinn, Governor. I have a Message from the Governor dated November 4th, 2009. Message for the Governor by Sean Vinck, Chief Legislative Counsel to the Governor. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of these appointments by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated February 26, 2010. Message for the Governor by Lindsay Hansen Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individuals to the offices enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Pat Quinn, Governor. I have a Message from the Governor dated March 1st, 2010. Message for the Governor by Lindsay Hansen Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individuals to the offices enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated March 5th, 2010. Message for the Governor by Lindsay Hansen Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individuals to the offices enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated March 8th, 2010. Message for the Governor by Lindsay Hansen Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Assembly - I have nominated and appointed the following named individuals to the offices enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated March 22nd, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated March 22nd, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated March 26, 2010. Message for the Governor by Lindsay Anderson, Legislative 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated March 26, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individuals to the offices enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated March 26, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individuals to the offices enumerated below and respectfully ask concurrence in and confirmation of this appointment by your 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated April 16th, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated April -- excuse me, April 16th, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated April 16th, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individuals to the offices enumerated below and respectfully ask concurrence in and confirmation of these appointments by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated April 16th, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated April 26, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated April 26, 2010. 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Message for the Governor by Lindsay Anderson, Legislative Director to Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individuals to the offices enumerated below and respectfully ask concurrence in and confirmation of these appointments by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated April 26, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor. I have a Message from the Governor dated April 26, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 concurrence in and confirmation of this appointment by your Honorable Body. Pat Quinn, Governor.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Madam Secretary, Messages from the Treasurer.

Jillayne Rock

I have a Message from the Treasurer dated March 25th, 2010. Senate President and Honorable Members, Illinois State Senate, 96th General Assembly. Dear Senate President Cullerton and Members - I am nominating Tamara Howard for reappointment to the Treasurer’s Personnel Review Board. I respectfully ask for concurrence in and confirmation of this reappointment by your Honorable Body. Signed, Alexi Giannoulias, Illinois State Treasurer.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) With leave of the Body, we will now proceed to Senate Bills 3rd Reading, on the bottom of page 6 of your printed Calendar. Senate Bill 2485. Senator Haine, do you wish to proceed? Senator Haine wishes to proceed and seeks leave of the Body to return Senate Bill 2485 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on -- now on the Order of 2nd Reading, we have House -- we have Senate Bill 2485. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Haine.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.

William R. Haine (D)

71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 deals with the -- the time, extends the time a bit from the original bill pursuant to negotiations with the ICC. This is on the certificate of transmission to construct a power line. ICC still wasn’t for the bill, but they -- we increased the time for them. They’re now -- the two sides are one and a half months apart. And this is very -- this is exactly the same as the bill we passed -- the House bill we amended and sent over to the House last week.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. Opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 2485. Senator Haine, do you wish to proceed? Senator indicates that he does. Madam Secretary, please read the bill.

Jillayne Rock

Senate Bill 2485. (Secretary reads title of bill) 3rd Reading of the bill.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.

William R. Haine (D)

This is a -- expedites the time to grant a certificate of 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 transmission, directs the ICC to issue it after a certain -- think it’s seven and a half months, and has other requirements on the -- on Ameren, who will have the first shot at building this transmission line - requirements to present a complete application, so the clock begins to tick when that’s done.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Haine, do you wish to close?

William R. Haine (D)

I would ask for an Aye vote. It’s a great bill.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 2485 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 2485, having received the required constitutional majority, is hereby declared passed. With leave of the Body, we’ll now proceed to House -- to Senate Bills 3rd Reading, page 7 on your printed Calendar. Senate Bill 2650. Senator Haine. Senator Haine wishes to proceed and seeks leave of the Body to return Senate Bill 2650 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2650. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 1, offered by Senator Haine.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine. 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

William R. Haine (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is an effort to mitigate, in some counties, the effect of the under-vote requirement adopted in our elections bill of two years ago. There have been some complaints that the -- the way the machines work, it doesn’t guarantee a complete, utter right to a private -- the privacy of the -- the ballot. And this has an opt-out for those counties that do not have the financial ability to buy the necessary equipment in time for the next two election cycles. So it requires that, by 2014, they have to have the machinery necessary. And there are computer programs out there that keep this very circumscribed with the -- the voter. And the county board may opt out in the meantime.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Lauzen.

Chris Lauzen (R)

Thank you, Mr. President. Question for the sponsor.

Jeffrey M. Schoenberg (D)

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

Chris Lauzen (R)

Senator, thank you very much for working on this. You and I both recognize how important this is. Two questions. Does this end the practice of -- of requiring a voter to go to, like, an election organizer, you know, because it doesn’t accept the ballot when a person says “I don’t want to vote for anyone in those” and yet, now, I got to go to the teacher, you know, to say, “Well, oh, no, you know, you left something blank”? I mean, is this going to stop that practice? This -- that’s a -- 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 that -- what -- what we put in place, I have heard many objections to. I mean, it’s just a bad idea. Does this fix that?

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.

William R. Haine (D)

No, Senator. It mitigates it somewhat by requiring only the voter will be notified. My county clerk tells me that his equipment that he has will quietly inform the voter that they haven’t voted all of the offices without sending the ballot out and asking the voter do they wish to revote or not. And if they say no, nothing further is -- is done. The -- the -- the problem here is that many counties can’t afford to buy this equipment, which is expensive, so, in effect, to answer your question, those counties can opt out and this problem, for the foreseeable future, under this bill, will not be in effect. The procedure will not be in effect in those counties.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.

Chris Lauzen (R)

Actually, from your answer, I think that I’m understanding that it does solve the problem. Because in the case where you have the expensive machine -- where it has the expensive machine in the booth, not going out to some other person where the privacy of the booth is, the machine will say, “Hey, do you really mean that, Chris?” And you say, yeah, I do. And then you go on, no problem. Then you say, for people who can’t afford the machine, there’s an opt-out so they can control -- it sounds like you solved it. So, that’s a good thing. Second 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 question then is, a -- a couple of county clerks are concerned about the past election when this was in effect, that they might have some kind of liability or somebody might come after ‘em. Does this bill address any liability that they might have had, or is that such a -- a low probability that anybody would prosecute for that that they don’t have anything to be concerned about?

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.

William R. Haine (D)

Senator Lauzen, this bill doesn’t address that. That’s the first I’ve heard of that. As a former State’s Attorney, I can visualize absolutely no liability on a county clerk for following what we passed. None.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen, any further questions? Is there any further discussion? Is there any further discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. Opinion of the Chair, the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration, Madam Secretary?

Jillayne Rock

No further -- no further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 2650. Senator Haine, do you wish to proceed? The Senator indicates that he does. Madam Secretary, please read the bill.

Jillayne Rock

Senate Bill 2650. 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 (Secretary reads title of bill) 3rd Reading of the bill.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.

William R. Haine (D)

I -- I would ask for an Aye vote. It’s -- thanks to Senator Lauzen -- the colloquy with Senator Lauzen, the bill has been explained pretty thoroughly.

Jeffrey M. Schoenberg (D)

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

Dale A. Righter (R)

Thank you, Mr. President. To the bill, if I might.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill.

Dale A. Righter (R)

Thank you, Mr. President, Ladies and Gentlemen of the Chamber. I rise reluctantly to support the bill. I know that Senator Haine wanted to repeal the under-vote notice requirement altogether - which was the right instinct. Because it was wrong that we put it in there in the first place. The voters know that. The county clerks know that. But Senator Haine was not allowed to move, with any hope of success, a bill that was a full repealer because the Speaker of the House objected to that. This is better than nothing, but it’s a lot -- a lot better than nothing, quite frankly, and is further evidence that the Speaker of the House is running more and dictating more than just in his Chamber. Thank you, Mr. President.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Thank you. Is there any further discussion? Any further discussion? Senator Burzynski.

J. Bradley Burzynski (R)

Thank you, Mr. President. To the -- to the bill: I was just listening the conversation -- to the conversation between Senator Lauzen and Senator Haine, and I think, as a point of clarification, Senator Lauzen was talking about some of the problems with people. They would take their ballot out of the - - out of the voting booth and go out and they would be told, “Oh, you’ve got an under-vote.” Or they were afraid that would be made public. And the machine that he’s talking about is outside of the voting booth, to my understanding. So you would -- you would cast your votes in the privacy of the booth, walk outside to where there’s an election judge sitting there with the tabulating machine and place it in the tabulating machine. And I know that in my precinct, in my county, if there’s an under-vote, it would show on the screen - on a computerized screen. But you are not in the privacy of your own voting booth. So I -- I just want to make that point of clarification. I believe that’s -- that’s the way it is, Senator Haine, if I -- if I’m not mistaken.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.

William R. Haine (D)

I would ask for an Aye vote.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 2650 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 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 voted who wish? Madam Secretary, please take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 2650, having received the required constitutional majority, is hereby declared passed. With leave of the Body, we will now proceed to Senate Bills 3rd Reading, page 20 on your printed Calendar, middle of the page. Senate Bill 2850. Senator Millner. Do you wish to proceed? Senator Millner wishes to proceed. He seeks -- and seeks leave of the Body to return Senate Bill 2850 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, we have Senate Bill 2850. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 3, offered by Senator Millner.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Millner.

John J. Millner (R)

I’ll explain the bill in total on 3rd Reading.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor, vote -- will say Aye. Opposed, Nay. The opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 2850. Senator Millner, do you wish to proceed? He indicates 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 that he does. Madam Secretary, please read the bill.

Jillayne Rock

Senate Bill 2850. (Secretary reads title of bill) 3rd Reading of the bill.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Millner.

John J. Millner (R)

Thank you, Mr. Chairman {sic}. Basically what this does, there’s a -- an organization called ILEAS in Illinois. It’s a mutual aid organization that -- comprised of over nine hundred and fifty law enforcement agencies. What happens is that when they get together, for example, if there’s a call out for mutual aid, we found a -- a hole in the law that said that the requesting agency has to pay all expenses for all other agencies. What this bill simply does, it says that the other agencies will be responsible as signed on to the mutual aid agreement. And I ask for an Aye vote.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Millner, do you wish to close? The question is, shall Senate Bill 2850 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 52 voting Aye, none voting Nay, none voting Present. Senate Bill 2850, having received the required constitutional majority, is hereby declared passed. With leave of the Body, we’ll proceed now to page 29 on your printed Calendar, Senate Bills 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 3rd Reading. Senate Bill 3775. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate Bill 3775 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, Senate Bill 3775. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Wilhelmi.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Wilhelmi, Floor Amendment 2.

A. J. Wilhelmi (D)

Thank you, Mr. President. The amendment deletes everything and becomes the bill. As amended, Senate Bill 3775 changes the responsibility for the issuance of a monitoring device driving permit for first-time -- DUI offenders from the circuit courts to the Secretary of State. I’d be happy to discuss it further on 3rd Reading.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. Opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 3, offered by Senator Wilhelmi.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Wilhelmi.

A. J. Wilhelmi (D)

Thank you, Mr. President. Floor Amendment -- Floor 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Amendment 3 is a technical amendment.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) …Reading. On the Order of 3rd Reading, Senate Bill 3775. Senator Wilhelmi, do you wish to proceed? He indicates that he does. Madam Secretary, please read the bill.

Jillayne Rock

Senate Bill 3775. (Secretary reads title of bill) 3rd Reading of the bill.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Wilhelmi.

A. J. Wilhelmi (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 3775, as amended, changes the responsibility for the issuance of the monitoring device driving permit for first-time DUI offenders from the circuit courts to the Secretary of State. The Secretary of State shall issue the MDDP to the first-time DUI offender unless he or she opts out. To opt out, the offender must file a petition to decline issuance of the permit with the court and then the court shall admonish, under the bill, the offender of the consequences of 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 declining the MDDP, including enhanced penalties for driving while suspended, which would be a felony. Then the offender is allowed to sign a notice declining issuance of the MDDP. The offender may, at any time, come back to the Secretary of State for issuance of a permit. There’s also a farmer exemption, which would be, in the bill, fifty air miles from the originating farm, so that the farmer would not have to have the device installed. Finally, there are changes to the -- or, to the term “blood alcohol” to refer to “breath alcohol”. I have - - I’d be happy to answer any questions and I ask for your support.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Any discussion? Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Will the sponsor yield, please?

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Sponsor indicates that he’ll yield. Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Senator Wilhelmi, we had some discussion about this in committee earlier and I want to go over a couple points. Is it fair to say that by taking some part of this process from the courts and putting it with the Secretary of State, we’re not removing a judicial process from the court, rather a more ministerial or administrative process in -- in simply putting that in hands of the Secretary of State’s Office? Is that a fair characterization?

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Wilhelmi. 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

A. J. Wilhelmi (D)

Yes, Senator, that’s a very fair characterization. This is an administrative function that we are taking from the courts and giving to the Secretary of State.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator -- Senator Righter.

Dale A. Righter (R)

Thank you. Senator Wilhelmi, how many choices does an individual who chooses to get one of these devices so they can continue to drive while their license is suspended -- they go onto the Secretary of State’s website. How many choices do they have in terms of locations to get one of these devices and the number of companies who are leasing them out?

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Wilhelmi.

A. J. Wilhelmi (D)

Senator, again, thank you for this question. Very important for everyone in the Chamber to understand that there are seven manufacturers of these devices that supply the devices to the State of Illinois. There are approximately seven distributors of the devices. Those distributors send them to installers throughout the State. There are approximately three hundred and fifty installers in the State of Illinois, which is double the -- the -- the number in the State of Texas. So, offenders, first-time offenders, who are issued the MDDP would have the choice to go to one of any three hundred and fifty installers to get the -- the -- the BAIID device installed in their vehicle. And I want to make it clear that, in Illinois, we have more installers to choose from than California, New York 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 and Texas combined. So we are certainly leading the charge in terms of BAIID devices and the choice of BAIID devices being used here in the State of Illinois.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Is there any further discussion? Senator Wilhelmi, do you wish to close?

A. J. Wilhelmi (D)

I ask for your support.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 3775 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? Madam Secretary, please take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 3775, having received the required constitutional majority, is hereby declared passed. Madam Secretary, Resolutions.

Jillayne Rock

Senate Resolution 807, offered by Senator Demuzio and all Members. Senate Resolution 809, offered by Senator Bomke and all Members. Senate Resolution 810, offered by Senator Link and all Members. Senate Resolution 811, offered by Senator Link and all Members. They are death resolutions, Mr. President.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Resolutions Consent Calendar, Madam Secretary. 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010

Jillayne Rock

Senate Resolution 808, offered by Senator Frerichs. Senate Resolution 812, offered by Senator Noland. Senate Joint Resolution 126, offered by Senator Schoenberg. And Senate Joint Resolution 127, offered by Senator Murphy. They are substantive.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Clayborne in the Chair.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schoenberg, for what purpose do you seek recognition?

Jeffrey M. Schoenberg (D)

Thank you, Mr. President. I rise on a point of personal privilege.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) State your point.

Jeffrey M. Schoenberg (D)

Mr. President and Ladies and Gentlemen of the Senate, I owe you all an -- a deep apology. I told you that Evanston Day had concluded, that it was over. We still have more visitors from Evanston this week. We’re joined in the gallery today by Mr. Andrew Kelly, who’s here with the -- with his family. Mr. -- his wife, Keri Kelly, his son, Andrew Jr., who actually just finished paging for Evanston’s newly seated Representative, Representative Robyn Gabel, and their other child, Mazalyn. Mr. Kelly is the President of Phi Theta Kappa Honor Society and he’s also on the Board of the -- Board of Directors with the Illinois Academy of Criminology. They’re in the gallery on the Democratic side of the aisle. Please give them a warm Senate 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 greeting. Thank you.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Please stand. Welcome to Springfield. Thanks for coming. Hope you enjoy your day. Senator Schoenberg back in the Chair.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Clayborne, for what purpose do you seek recognition, sir?

James F. Clayborne Jr. (D)

Point of an announcement.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.

James F. Clayborne Jr. (D)

Ladies and Gentlemen of the Senate, due -- due to the high volume of work we’ve completed this week, the President of the Senate has decided to cancel this weekend, Saturday, May 1st, and -- and Sunday, May 2nd. For the Member’s information, the Senate will reconvene on Monday, May 3rd, at noon.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you, Senator Clayborne. Is it your expectation, sir, that the Blackhawks will be leading in their series two games to nothing by the time we reconvene on Monday?

James F. Clayborne Jr. (D)

The who?

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) You must be a St. Louis -- Blues fan, sir. And last I checked, they didn’t make the playoffs. We’ll now proceed to the Order -- oh, I’m sorry. Senator Muñoz, for what purpose do you seek recognition, sir? SENATOR MUÑOZ: 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 Purpose of announcement, Mr. President.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point. SENATOR MUÑOZ: Democratic Caucus immediately upon adjournment in the President’s Office.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) The Democrats will caucus immediately upon adjournment in the President’s Office. Republicans. Senator Syverson.

Dave Syverson (R)

Thank you. We would love to caucus in the President’s Office as well, but if that’s not a possibility, then we will caucus in Leader Radogno’s Office upon adjournment.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. We’ll now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, those -- all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?

Jillayne Rock

No objections have been filed, Mr. President.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Any discussion? Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. The motion carries, and the resolutions are -- are adopted. Madam Secretary, Resolutions.

Jillayne Rock

88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day 4/30/2010 A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has 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 118. Offered by Senator Harmon. (Secretary reads HJR No. 118) The resolution was adopted by the House, April 30th, 2010. Mark Mahoney, Clerk of the House.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) On the Order of Resolutions is House Joint Resolution 118. Madam Secretary, please read the resolution. Senator Harmon moves to suspend the rules for the purpose of immediate consideration and adoption of House Joint Resolution 118. Those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the rules are suspended. Senator Harmon moves for the adoption of House Joint Resolution 118. All those in favor… Opposed, Nay. The Ayes have it, and the amendment -- and the resolution is adopted. There being no further business to come before the Senate, the Senate now stands adjourned until the hour of 12 noon on the 3rd day of May, 2010. The Senate stands adjourned. 89