PRESIDING OFFICER: (SENATOR HARMON) The regular Session of the 96th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor John Smith of United Methodist Church, here in Springfield, Illinois.
(Prayer by Pastor John Smith)
PRESIDING OFFICER: (SENATOR HARMON) Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Friday, April 30th, 2010.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Thank you, Mr. President. I move to postpone the reading and approval of the Journals just read by Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter moves to postpone the reading and approval of the Journals, pending arrival of the printed transcript. There being no objection, so ordered. Madam Secretary, Resolutions.
1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Senate Resolution 813, offered by Senator Dillard and all Members. It is a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Resolutions Consent Calendar.
Senate Resolution 814, offered by President Cullerton. It is substantive.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, on your printed Calendar on page 40 is the Order of House Bills 2nd Reading. We are going to turn to that order of business momentarily. All Members within the sound of my voice, we’re going to go through the Order of House Bills 2nd Reading this morning. We intend to conclude House Bills 2nd Reading today. So if you could be on the Floor to advance your bills from 2nd Reading to 3rd Reading, if you intend to do so. Illinois Statehouse News seeks leave to film the proceedings. Is there any objection? Seeing no objection, leave is granted. Ladies and Gentlemen of the Senate, we are going to turn now to the Orders of House Bills 2nd Reading on page 40 of your Calendar, is House Bill 391. Senator Trotter. Senator Trotter. House Bill 707. Senator Lightford. Senator Lightford. House Bill 1026. Senator Wilhelmi. Senator Wilhelmi. House Bill 2254. Senator Lightford. House Bill 4667. Senator Lightford. Still on the Orders of House Bills 3rd {sic} Reading is House Bill 4667. Senator Lightford. Senator Lightford. House Bill 4711. Senator Maloney. Madam Secretary, please read the bill.
2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 House Bill 4711. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 5065. Senator Lightford. House Bill 5080. Senator Lightford. House Bill 5696. Senator Delgado. Madam… House Bill 6151. Senator Lightford. House Bill 6359. Senator Viverito. Ladies and Gentlemen of the Senate, that concludes the Order of House Bills 2nd Reading for the moment. We will expect to return to it at least one more time today. All Members with bills, House bills, still on the Order of 2nd Reading should be cognizant of that and be prepared to advance their bills if they intend to advance them. Ladies and Gentlemen of the Senate, in a few moments, we’re going to turn to the Order of House Bills 3rd Reading and, at some point as well, Resolutions. Both Orders are final action. If all Members within the sound of my voice could be at their desks on the Senate Floor, we are going to turn to House Bills 3rd Reading for final action. Ladies and Gentlemen of the Senate, on page 42 of your printed Calendar, at the top of the page, is the Order of Secretary’s Desk, Resolutions. Senate Resolution 682. Senator Sandoval. Senator Sandoval. Senate Resolution 758. Senator Link. Madam Secretary, read the resolution.
Senate Resolution 758, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link, to explain your resolution.
3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Thank you, Mr. President. Senate Resolution 758 designates the week of May 3rd to 7, 2010, as EyeCare America Week in the State of Illinois, and recognizes the importance of eye health and preserving your sight.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Resolution 758 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 762. Senator Hutchinson. Madam Secretary, please read the resolution.
Senate Resolution 762, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson, do you wish to proceed?
Thank you, Mr. President. Senate Resolution 762 describes {sic} April 20th, 2010 - I know we’re a little bit late - as Pay Equity Day in the State of Illinois.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Demuzio, for what purpose do you rise?
Yes, Mr. Chairman -- Mr. President, a point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Could we get back to you after…
Sure, that’s fine.
PRESIDING OFFICER: (SENATOR HARMON) 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 …the resolution has been voted on. Thank you, Senator. Is there further discussion on the resolution? Seeing none, the question is, shall Senate Resolution 762 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Demuzio.
Yes, thank you, Mr. President and Members of the Senate. I have with me today, in the President’s Gallery, the government class from Southwestern High School. And if Dan and the students from Southwestern would rise. Let’s give them a great big welcome. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Our guests from Southwestern High School please rise to be welcomed to Springfield. Still on the Order of Secretary’s Desk, Resolutions is Senate Resolution 779. Senator Wilhelmi. Senator Wilhelmi. Senate Resolution 781. Senator Kotowski. Senator Kotowski. Senate Resolution 783. Senator Viverito. Senator Viverito. Senate Joint Resolution 80. Senator Lightford. Madam Secretary, please read the resolution.
Senate Joint Resolution 80, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, to present your resolution.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Joint Resolution 80 creates -- creates a Recess in School {sic} (Schools) Task Force to examine the barriers facing schools in providing daily recess to every age- appropriate student and to make recommendation for overcoming 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 those obstacles. The Task Force is to be comprised of fifteen appointed members and it is to report to the General Assembly by June 30th of 2010 {sic} (January 1, 2011) with its recommendation for bringing recess back to the maximum number of students. Let me just share with you guys that I had no idea that recess was such a huge, huge debatable issue. The Community Organizing and Family Issues - the organization’s acronym is COFI - they’ve been working on this. They’ve had some meetings with CPS. And instead of me sponsoring a bill that indicated that recess had to be statewide, I worked with the Leadership Council of POWER-PAC - Parents Organized to Win, Educate and Renew - and I’ve also worked with the Chicago Public Schools. So they’re having conversations. We’re trying to find a way to bring more students eligible for recess and this doesn’t cost. The members will not receive any type of compensation. And I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Joint Resolution 80 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Ladies and Gentlemen of the Senate, we have been through the entire Order of Secretary’s Desk, Resolutions. I know some Members had not had their resolutions called. We will be returning to that Order shortly. We are going to go back now to the Order of House Bills 2nd Reading to pick up some of the bills that we had skipped over in that reading. House Bill 391. Senator Trotter. House Bill 707. Senator Lightford. Madam Secretary, please read the bill.
6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 House Bill 707. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 1026. Senator Wilhelmi. House Bill 2254. Senator Lightford. Madam Secretary, please read the bill.
House Bill 2254. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, to explain your amendment.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 2 amends the Department of Juvenile Justice School {sic} (School District) to claim general State 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 aid. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion of the amendment? Any discussion? Seeing none, Senator Lightford moves to adopt Floor Amendment No. 2. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 4667. Senator Lightford. Madam Secretary, please read the bill.
House Bill 4667. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 5065. Senator Lightford. Senator Lightford, for what purpose do you seek recognition?
Thank you, Mr. President. I request to table the amendment before you. We are working on a more updated version that I will be presenting in committee with hopes that it’ll come out of…
PRESIDING OFFICER: (SENATOR HARMON) Senator, do you -- do you wish to move the bill to 3rd Reading without the amendment and recall it to 2nd if, in fact, you have an amendment? 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010
I appreciate that, Mr. President. That will be in order.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Lightford. Madam Secretary, please read the bill.
House Bill 5065. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, are you seeking to withdraw Floor Amendment No. 2?
Yes. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford has asked leave of the Body to withdraw Floor Amendment No. 2. Seeing no objection, leave is granted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 5080. Senator Lightford. Madam 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Secretary, please read the bill.
House Bill 5080. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, to present Floor Amendment No. 3 to House Bill 5080.
Thank you, Mr. President, Ladies and Gentlemen of the Committee {sic}. Senate Amendment No. 3 is identical to Senate Amendment No. 2, however it makes changes to a provision concerning grounds for discipline. It also makes changes to the provisions concerning the powers and duties of the Department and any other technical change. This was some changes, when I brought the bill before the committee, that was requested by Members and I tried to grant their requests, Mr. President. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Lightford. Is there any discussion of Senator Lightford’s amendment? Any discussion? Seeing none, Senator Lightford moves to adopt Floor Amendment No. 3 to House Bill 5080. All in favor will say Aye. Opposed, Nay. The Ayes 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 5696. Senator Delgado. House Bill 6151. Senator Lightford. Madam Secretary, please read the bill.
House Bill 6151. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, on Floor Amendment No. 1 to Senate -- House Bill 6151.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 1 deletes everything and becomes the bill. It amends the Vehicle Code to provide that a court must impose a fine that cannot be waived on any person who, after a court appearance, is found guilty or placed on supervision for a violation of the Code or similar provisions of a local ordinance. It also requires the court to impose a minimum fine, but it is the intent of the bill that courts impose fines at 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 least equal to the amount of bail required by Supreme Court Rule 526, so that municipalities and law enforcement agencies have sufficient funds to provide for traffic safety. Under current law, courts may order that the fine be paid in installments if necessary. This is a bill that I just want the Body to know that we’re still working out. I would like to move it to 3rd, understanding negotiations are still taking place, and I look forward to bringing another amendment to come back to close this legislation out, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Lightford. Is there any discussion? Senator Holmes, are you seeking recognition on the amendment? Is there any discussion of Senator Lightford’s amendment? Seeing none, Senator Lightford moves to adopt Floor Amendment No. 1 to House Bill 6151. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 6359. Senator Viverito. We are nearing the end of House Bills 2nd Reading. At the top of that Order was House Bill 391. Senator Trotter, I see you at your desk now. Do you wish to proceed? Madam Secretary, please read the bill.
House Bill 391. (Secretary reads title of bill) 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 2nd Reading of the bill. The Committee on Appropriations I adopted Amendment 1.
PRESIDING OFFICER: (SENATOR HARMON) Are there any further amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senator Holmes, are you seeking recognition? I’m sorry to ignore you there.
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator Holmes.
I want to welcome a wonderful group of students here from the Kane County area. They are foreign exchange students and they are from Thailand, Germany, France, Indonesia, Switzerland, Spain and Italy. Please say hello to them. They’re up there and they are with their marvelous chaperones, Cathy and Ron. Please give them a welcome.
PRESIDING OFFICER: (SENATOR HARMON) Will our guests in the gallery please rise to be recognized to the Illinois State Senate? Welcome. With leave of the Body, we’re going to return to page 42 of our printed Calendars, back to the Order of Secretary’s Desk, Resolutions. Senate Resolution 779. Senator Wilhelmi. Madam Secretary, please read the gentleman’s resolution.
13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Senate Resolution 779, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi, to explain your resolution.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Resolution 779 urges the United States Army Corps of Engineers to seek alternatives to the closure of the Chicago Area Waterway Systems of locks and canals. The closure of these locks and canals would significantly impede commerce and drive up the cost on raw materials for our manufacturers. And that cost will certainly be passed on to consumers or create a competitive disadvantage here in Illinois. I think everyone in this Chamber and everyone in this State sees the significance of the invasive species, the Asian Carp. I think we also know how important these waterways and these locks are to our industry, especially in the Will/Grundy region. I think there’s a better way of making sure we keep this invasive species out of Lake Michigan - something we all agree on. We have to be very careful -- before we close this important waterway. I ask for your support.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Resolution 779 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Still on the Order of Secretary’s Desk, Resolutions is Senate Resolution 781. Senator Kotowski. Madam Secretary, please read the resolution.
Senate Resolution 781, offered by Senator Kotowski. 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski, to explain your resolution.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. It’s great to see everybody here today. Senate Resolution 781 comes from something -- as a result of the Danny Did Foundation. And the Danny Did Foundation was started because a -- a good friend of mine, Mike Stanton, and his wife, Mariann, had a son, named Danny, who passed away from sudden unexplained seizure. He had epilepsy. He passed away just over a couple months ago. A wonderful little boy - smile as big as this room. And the purpose of this resolution is to declare this day as Danny Did Day, May 22nd, in Illinois to make sure that we remember the challenges that people across the State of Illinois face when they have epilepsy, especially when they run the risk of dying as a result of it. And this little boy, his death has -- as you can imagine, all of us who have children throughout the Chamber and in the Capitol, they were just devastated by the loss of their son. He was a great little boy and they’re trying to make sure that his -- his name lives on in a very positive way and that other children don’t face what he did. And that’s what the Danny Did Foundation does, to educate parents and doctors to explain to patients about the sudden unexplained death caused by epilepsy. So I’d ask for your support of this resolution and continue to work with me to make sure people are educated about the dangers of epilepsy in the State of Illinois and our country. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 discussion? Seeing none, the question is, shall Senate Resolution 781 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Ladies and Gentlemen of the Senate, we have been very expeditious in moving through our Calendar thus far today. We’re going to stand at ease for a few moments while our paperwork catches up with us. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, it appears our paperwork is catching up with us. The Senate will stand in recess for a few moments to allow the Committee on Assignments to meet. If all members of the Committee on Assignments could report to the President’s Anteroom immediately. If all members of the Committee on Assignments could report to the President’s Anteroom immediately. The Senate will stand in recess with Senator Lightford in the Chair. (SENATE STANDS IN RECESS)
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon in the Chair. (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, Committee Reports. 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Agriculture and Conservation Committee - Motion to Concur with House Amendment 1 to Senate Bill 2573; refer to the Criminal Law Committee - Floor Amendment 2 to House Bill 5745, Motion to Concur with House Amendment 1 to Senate Bill 1020, Motion to Concur with House Amendment 1 to Senate Bill 1702, Motion to Concur with House Amendment 1 to Senate Bill 2590, Motion to Concur with House Amendment 1 to Senate Bill 3030, Motion to Concur with House Amendment 1 and House Amendment 2 to Senate Bill 3540 and Motion to Concur with House Amendment 1 to Senate Bill 3295; refer to the Education Committee - Floor Amendment 1 to Senate Bill 2843 and Motion to Concur with House Amendment 1 to Senate Bill 3635; refer to the Environment Committee - Motion to Concur with House Amendment 2 to Senate Bill 3070 and Motion to Concur with House Amendment 1 to Senate Bill 3320; refer to the Executive Committee - Committee Amendment 1 to House Bill 5772, Floor Amendment 3 to House Bill 19, Floor Amendment 2 to House Bill 1075, Floor Amendment 1 to Senate Bill 3802, Motion to Concur with House Amendment 1, House Amendment 4 and House Amendment 5 to Senate Bill 941, Motion to Concur with House Amendment 1 to Senate Bill 3118 and Motion to Concur with House Amendment 1 to Senate Bill 3183, House Bill 5765 and Senate Resolution 814; refer to the Higher Education Committee - Motion to Concur with House Amendment 1 to Senate Bill 3630; refer to the Human Services Committee - Floor Amendment 2 to House Bill 5306, Motion to Concur with House Amendment 1 to Senate Bill 851; refer to the 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Insurance Committee - Motion to Concur with House Amendment 1 to Senate Bill 663; refer to the Judiciary Committee - Floor Amendment 1 to House Bill 4928, Floor Amendment 3 to House Bill 5409, Motion to Concur with House Amendment 1 to Senate Bill 2807, Motion to Concur with House Amendment 1 to Senate Bill 3386, Motion to Concur with House Amendment 1 to Senate Bill 3747; refer to the Labor Committee - Motion to Concur with House Amendment 1 to Senate Bill 3568; refer to the Licensed Activities Committee - Motion to Concur with House Amendment 1 to Senate Bill 3061; refer to the Local Government Committee - Floor Amendment 3 to House Bill 4973, Motion to Concur with House Amendment 1 to Senate Bill 575, Motion to Concur with House Amendment 1 to Senate Bill 580, Motion to Concur with House Amendment 1 to Senate Bill 3282 and Motion to Concur with House Amendment 1 to Senate Bill 3478; refer to the Pensions and Investments Committee - Floor Amendment 1 to House Bill 4644, Motion to Concur with House Amendment 1 to Senate Bill 2554; refer to the Public Health Committee - Motion to Concur with House Amendment 1 to Senate Bill 3815, Motion to Concur with House Amendment 1 and House Amendment 2 to Senate Bill 3047; refer to the Revenue Committee - Motion to Concur with House Amendment 1 and House Amendment 2 to Senate Bill 1826, Motion to Concur with House Amendment 1 to Senate Bill 2065; refer to the State Government and Veterans Affairs Committee - Committee Amendment 1 to Senate Resolution 802, Floor Amendment 2 to House Bill 5191, Motion to Concur with House Amendment 1 to Senate Bill 2630, Motion to Concur with House Amendment 1 to Senate Bill 3249, Motion to Concur with House Amendment 1 to Senate Bill 3818, Motion to Concur with House Amendment 1 to Senate 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Bill 3433 and Senate Resolution 812. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Madam Secretary. For the information of the Members, let me announce the committee schedule for the afternoon. In one hour, at the hour of 2:20 p.m., the Committee on Criminal Law will meet in Room 212, the Committee on Environment will meet in Room 400 and the Committee on Local Government will meet in Room 409. That’s at the hour of 2:20 p.m. At the hour of 2:45 p.m., the Committee on Labor will meet in Room 212 and the Committee on Pensions and Investments will meet in Room 409 - at the hour of 2:45. At the hour of 3 p.m., the Committee on Executive will meet in Room 212, the Committee on Revenue will meet in Room 400 and the Committee on Licensed Activities will meet in Room 409 - at the hour of 3 p.m. At the hour of 4 p.m., in Room 400, the Committee on Insurance will meet and the Committee on State Government and Veterans Affairs will meet in Room 409, both at the hour of 4 p.m. Senator Kotowski, for what purpose do you seek recognition?
Thank you, Mr. President. This is a great day today in the Senate Chamber, a wonderful day. We have Jennifer Florian with us today from Wheaton North and she is my Page for the Day. And Jennifer is into gymnastics. She plays the piano. And I wish Senator Burzynski were here - she loves Bon Jovi, not Cheap Trick. She’s going to the University of Denver - University of Denver. Yeah. Oh, there you are, I’m sorry. Senator Burzynski’s here. Sorry, she likes Bon Jovi. They’re actually a much better band. And she wants to be an FBI agent when she 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 grows up. Could you please give a great Springfield welcome to Jennifer Florian?
PRESIDING OFFICER: (SENATOR HARMON) Miss Florian, please rise and be welcomed to the Illinois State Senate. Welcome to Springfield. Senator Noland, for what purpose do you rise?
Thank you, Mr. President. I move to waive all notice and - - and posting requirements so that SR 812 could be heard today in the Senate State Government Committee.
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland moves to waive all notice and posting requirements so that Senate Resolution 812 can be heard today in the Senate Committee on State Government and Veterans Affairs. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the notice and posting requirements have been waived. Senator Raoul, for what purpose do you rise?
Mr. President, I move to waive all notice and posting requirements so that Senate -- Senate Resolution 814 can be heard today in the Senate Executive Committee.
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul moves to waive all notice and posting requirements so that Senate Resolution 814 can be heard today in the Senate Executive Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Senator Forby, for what purpose do you rise?
20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Thank you, Mr. President. I move to waive all notice and posting requirements to House Bill 5765 so it can be heard today in the Senate Executive Committee.
PRESIDING OFFICER: (SENATOR HARMON) Senator Forby moves to waive all notice and posting requirements so that House Bill 5765 can be heard today in the Senate Executive Committee. All in favor will say Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Ladies and Gentlemen of the Senate, we’ll stand in recess to the call of the Chair. After committee meetings, the Senate will reconvene. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
The Senate will come to order. Madam Secretary, Committee Reports.
Senator Koehler, Chairperson of the Committee on Local Government, reports Senate Amendment 3 to House Bill 4973 and Motions {sic} to Concur with House Amendment 1 to Senate Bill 575, Motion to Concur with House Amendment 1 to Senate Bill 580, Motion to Concur with House Amendment 1 to Senate Bill 3282 and Motion to Concur with House Amendment 1 to Senate Bill 3478, all recommended Do Adopt. Senator Garrett, Chairperson of the Committee on Environment, reports Motion to Concur with House Amendment 2 to Senate Bill 3070 and Motion to Concur with House Amendment 1 to 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Senate Bill 3320 recommended Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports Senate Amendment 2 to House Bill 5745, Motion to Concur with House Amendment 1 to Senate Bill 1020, Motion to Concur with House Amendment 1 to Senate Bill 1702, Motion to Concur with House Amendment 1 to Senate Bill 2590, Motion to Concur with House Amendment 1 to Senate Bill 3030, Motion to Concur with House Amendment 1 to Senate Bill 3295 and Motion to Concur with House Amendments 1 and 2 to Senate Bill 3540 recommended Do Adopt. Senator Raoul, Chairperson of the Committee on Pensions and Investments, reports Senate Amendment 1 to House Bill 4644, Motion to Concur with House Amendment 1 to Senate Bill 2554, all recommended Do Adopt. Senator Forby, Chairperson of the Committee on Labor, reports Motion to Concur with House Amendment 1 to Senate Bill 3568 recommended Do Adopt. Senator Clayborne, Chairperson of the Committee on Executive, reports House Bill 5765 Do Pass; Senate Resolution 814 Be Adopted; Senate Amendment 1 to Senate Bill 3802, Senate Amendment 3 to House Bill 19, Motion to Concur with House Amendments 1, 4 and 5 to Senate Bill 941, Motion to Concur with House Amendment 1 to Senate Bill 3118, Motion to Concur with House Amendment 1 to Senate Bill 3183, all recommended Do Adopt. Senator Schoenberg, Vice-Chairperson of the Committee on Revenue, reports Motion to Concur with House Amendment 1 and 2 to Senate Bill 1826 and Motion to Concur with House Amendment 1 to Senate Bill 2065 recommended Do Adopt. Senator Martinez, Chairperson of the Committee on Licensed 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Activities, reports Motion to Concur with House Amendment 1 to Senate Bill 3061 recommended Do Adopt. Senator Haine, Chairperson of the Committee on Insurance, reports Motion to Concur with House Amendment 1 to Senate Bill 663 recommended Do Adopt. Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Resolution 812 Be Adopted; Senate Amendment 2 to House Bill 5191, Motion to Concur with House Amendment 1 to Senate Bill 2630, Motion to Concur with House Amendment 1 to Senate Bill 3249, Motion to Concur with House Amendment 1 to Senate Bill 3433 and Motion to Concur with House Amendment 1 to Senate Bill 3818, all recommended Do Adopt.
Like to ask all Members to please come to the Floor. We’re going to take final action. Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 380. 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 2556, with House Amendment 1 {sic} (and 2); Senate Bill 2602, with House 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Amendment 1; Senate Bill 2996, with House Amendments 1 and 2. All passed the House, as amended, May 3rd, 2010. Mark Mahoney, Clerk of the House.
Ladies and Gentlemen, on page 38 of the Calendar appears House Bill 5640. And Senator Dillard seeks leave of the Body to return House Bill 5640 to the Order of 2nd Reading. Leave is granted. Order of 2nd Reading is House Bill 5640. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2.
Senator Dillard. Dillard, on Floor Amendment No. 2.
Thank you. Amendments 2, 3, 4 and 5 - 3, 4 and 5 obviously will subsequently follow - become the bill and they are another chunk of the CLEAR Commission Criminal Code rewrite on which you, Mr. President, and I served. And I’ll be happy on final passage to explain what these do. But, you know, 2, 3, 4 and 5 are going to become the bill and are another chunk of the CLEAR Commission’s great body of work over the last couple of years. That’s the Criminal Law Edit, Alignment and Reform Commission.
Is there any discussion? Being none, all in favor, say Aye. All opposed, say Nay. The Ayes have it. The amendment’s adopted. Any further amendments?
Floor Amendment 3, offered by Senator Dillard. 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010
Senator Dillard, on Floor Amendment No. 3.
Same explanation as on No. 2, Madam Secretary and Mr. President. And I’d move No. 3’s adoption.
Senator Dillard moves for the adoption of Amendment No. 3. Is there any discussion? There being none, all in favor, say Aye. All opposed, Nay. The Ayes have it. The amendment’s adopted. Any further Floor amendments approved for consideration?
Floor Amendment 4, offered by Senator Dillard.
Senator Dillard, on Floor Amendment No. 4.
Thank you. Just another chunk of the CLEAR Commission and I would move its adoption.
Senator Dillard moves for the adoption of Amendment No. 4. Is there any discussion? There being none, Senator -- the -- there being none, the question is, shall the Senate adopt Floor Amendment No. 4 to House Bill 5640. All in favor, say Aye. All opposed, Nay. The Ayes have it. The amendment’s adopted. Any further Floor amendments approved for consideration?
Floor Amendment 5, offered by Senator Dillard.
Senator Dillard. 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010
Thank you. Just by… A little more explanation on No. 5 before we get to the bill on 3rd Reading. The CLEAR Commission, for the record, was a privately funded commission composed of representatives of the criminal justice community, including legislators, State’s attorneys, judges, public defenders, the Attorney General, private practice attorneys, and a law professor. And the Commission developed recommendations proposing many changes to the Criminal Code to reorganize and eliminate redundancies, inconsistencies, and confusing language. The current Criminal Code was enacted in 1961. And since then, the Code has been subjected to thousands of changes, resulting in the loss of a cohesive and easy to understand Criminal Code. And last, but not least, these amendments are the result of a bipartisan work product of the CLEAR Commission staff, Senate and House Majority and Minority Caucus staff, and the Legislative Reference Bureau to implement the -- the CLEAR Commission recommendations. So, Mr. President, this is the last of the amendments. This is No. 5 and I’d move its adoption too, sir.
…Dillard moves the adoption of Amendment No. 5 to House Bill 5640. There being no discussion, all in favor, say Aye. All opposed, No. The Ayes have it. The amendment’s adopted. Are there any further Floor amendments?
No further amendments reported.
3rd Reading. Senator Dillard, do you wish to proceed on 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 House Bill 5640? Madam Secretary, read the bill.
House Bill 5640. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Dillard.
Thank you. This massive body of work encompassed in House Bill 5640, which weighs probably ten pounds, embodies and makes proposed changes to reorganize and streamline Article 11 of sex offenses; Article 12, bodily harm offenses; and Article 17, deceptive -- deception and fraud offenses. And in general, moves current provisions of the Criminal Code and Chapter 720 to different parts of the Code to improve the Criminal Code’s internal organization. It consolidates many current criminal offenses which are set out in separate Sections into a single Section in an effort to eliminate redundant language and bring related provisions together for clarity. It incorporates case law into various statutory provisions so the law is a comprehensive statement of what a lawyer, judge, or defendant, or victim needs to know about the offense. It eliminates provisions that have been found to be unconstitutional. Repeals some existing criminal offenses in favor of covering those offenses with a general provision or offense. And last, but not least, it’s a complete statutory cross-reference in terms of fixes for all of the proposed renumbering and relocation of the Code Section {sic} (Sections). There are some substantive changes being made in some of the provisions, but most of them 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 involve correcting oversights of coverage of current law, clarifying the required mental state for committing an offense, use of more artful and modern wording, and last, but not least, this eliminates -- and this bill would eliminate a few existing penalty loopholes. It has been thoroughly vetted and, again, is just another massive piece of the Criminal Code rewrite of which you served, Mr. President, ably as a member, as did I. And I would urge a -- an Aye vote.
Is there any discussion? There being none, the question is, shall House Bill 5640 pass. All those in favor, vote Aye. All those opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. And House Bill 5640, having received the required constitutional majority, is hereby declared passed. Members should know that Supplemental Calendar No. 1 has been distributed. Proceeding to the top of the Calendar, we have House Bills 2nd Reading. House Bill 5765. Senator Forby. Madam Secretary, please read the bill.
House Bill 5765. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Continuing on Resolutions, Senate Resolution 812. Senator Noland, do you wish to proceed? Out of the record. Okay, we are -- further on the Calendar, Motions to 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Concur. We are on Senate Bill 575. Senator Forby. …Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment 1 to Senate Bill 575. Signed by Senator Forby.
Senator Forby.
Yes, thank you. The -- the bill {sic} does not change anything on the bill. And what this does, in Senator Luechtefeld’s district, they have a port district there and what the problem they have is some of the people hasn’t been showing up at their meetings, so they won’t have a quorum. This -- what this does is, if you don’t show up for three months or more, the county board in that district can reappoint the people in that district. That’s what the amendment does.
Thank you, Senator. Any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 575. All those in favor, vote Aye. All those opposed, vote Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 47 voting Yes, 1 voting No, 1 voting -- no -- none voting Present. And the -- having received -- and the -- Senate Bill 575 having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 575, and the bill is declared passed. Senate Bill 580. Senator 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Cronin. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 580. Filed by Senator Cronin.
Senator Cronin.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This motion to concur is -- is -- is about an amendment that was drafted in the House, obviously. That amendment is the product of a series of negotiations and discussions with mayors from the County of DuPage. They proposed this amendment. I agreed to the amendment. It is a compromise. It passed overwhelmingly in the House. It accomplishes many wonderful things. Most significantly, this sunsets a sales tax in the County of DuPage on a date certain, June 1, 2016; all sorts of -- of transparency and disclosure requirements, good government requirements. I ask for your favorable consideration on this good bill -- on this motion.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 580. All those in favor, vote Aye. All those opposed, vote Nay. The -- 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 49 voting Aye, none voting No, none voting Present. And Senate Bill 580 having received the required constitutional majority, 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 the Senate does concur on House Amendment No. 1 to Senate Bill 580, and the bill is declared passed. With leave of the Body, I’d like to go back to the Resolutions. Senate Resolution 812. Senator Noland. Madam Secretary, please read the resolution.
Senate Resolution 812, offered by Senator Noland.
Senator Noland.
Thank you, Mr. President. Senate Resolution 812 designates May 27th through May 31st, 2010, as the “Welcome Home Tribute to our Vietnam Veterans” weekend in Carpentersville, Illinois. This weekend is to honor and recognize the thousands of Vietnam veterans residing in Illinois. Urge an Aye vote.
Thank you, Senator Noland. Any -- any discussion? There being no discussion, all in favor, say Aye. All opposed, No. The Ayes have it. Resolution’s passed. To the Order of Secretary’s Desk, Concurrence. Senator Demuzio, on Senate Bill 663. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 663. Filed by Senator Demuzio.
…Demuzio.
Yes, thank you, Mr. President, Members of the Senate. This is a motion to concur on Senate Bill 663. It adds a provision 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 that waives the preexisting condition exclusions currently in effect for CHIP if the participant was involuntarily terminated from the plan because they exceeded the maximum lifetime benefits.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 663. All those in favor will vote Aye. All opposed, vote Nay. The voting is open. …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 48 voting Aye, none voting No, none voting Present. And Senate Bill 663 having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 663, and the bill is declared passed. Senator Muñoz, on Senate Bill 941. Madam Secretary, please read the bill -- motion.
I move to concur with the House in the adoption of their Amendments 1, 4 and 5 to Senate Bill 941. Filed by Senator Muñoz.
Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 941 would increase the RTA’s working cash borrowing authority temporarily from one hundred million to four hundred million. This is needed to help the RTA, CTA, Metra and PACE deal with the fact that the State of Illinois is far behind in paying them with money that is owed for operating the trains 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 and buses, as well as for paying its debt -- bond debt for service payment. The State currently owes them -- mass transit approximately two hundred and eighty million. This does not increase State debt. Does not increase any taxes. And it does not give any more money to mass transit.
There any discussion? Senator Murphy.
Question of the sponsor, Mr. President.
Sponsor indicates he will yield.
Senator, how much -- is this going to increase the RTA’s authority to borrow money?
Senator Muñoz. SENATOR MUÑOZ: That’s correct, Senator, only for two years. The money that’s going to be borrowed now, allocating it out, it will be - - have to be paid back in twenty-four months.
Senator Murphy.
How much are they allowed to borrow under this bill that they otherwise wouldn’t be allowed to borrow?
I’m sorry. Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. Currently, it’s one hundred 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 million, Senator. It will be increasing it by three hundred million more.
Senator Murphy.
To the -- to the bill, Mr. President. So that we’re effectively tripling their ability to borrow money at a point when, you know, the State has a record amount of per capita debt - highest per capita debt in the nation. This is this another step, frankly, in the wrong direction. I understand Springfield has contributed to this problem in term -- from the funding standpoint, but similar to when, you know, the universities came in here. Farming out our debt to other public entities in the State doesn’t change the fact that it’s still public debt. This is the wrong direction for us to go to and I encourage a No vote.
Further discussion? There being none, Senator Muñoz, to close. SENATOR MUÑOZ: I would just ask for its concurrence and an Aye vote, sir.
The question is, shall the Senate concur in House Amendments 1, 4 and 5 to Senate Bill 941. All those in favor, vote Aye. All those opposed, vote No. 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 this question, there are 31 voting Aye, 11 voting No, 3 voting Present. Having received -- and the -- having received the 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 required constitutional majority, the Senate does concur in House Amendments No. 1, 4 and 5 to Senate Bill 941. The bill’s declared passed. Senator Bond, on Senate Bill 1020. Out of the record. Senator Dillard. Senate Bill 1702. Out of the record. Senator Sullivan, on Senate Bill 1826. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1826. Filed by Senator Sullivan.
Senator Sullivan, on Senate Bill 1826.
Thank you, Mr. President, Members of the Senate. Takes the -- the -- well, I want concur with the two changes made over in the House and they came at the request of the Department of Revenue. The Department wanted to make it clear that when a taxpayer makes their election on how to treat their patronage and nonpatronage income and losses that the election is binding and may not be changed from year to year. Also they wanted to clarify that if a taxpayer makes a binding election to follow federal law, the income and losses of the cooperative will still be treated as unitary business income and apportioned using the same factor. Be happy to answer any questions.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 1826. All those in favor, vote Aye. All opposed, vote Nay. The voting is open. Have all voted who wish? Have 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 47 voting Yes, none voting No, none voting Present. And Senate Bill 1826 having received the required constitutional majority, the Senate does concur on House Amendments 1 and 2 to Senate Bill 1826, and the bill is declared passed. Kevin Lee seeks leave of the Body to videotape proceedings, from the Illinois Statehouse News. There being no objection, request is granted. Senator Hutchinson, on Senate Bill 2065. Out of the record. Senator Martinez, on Senate Bill 2554. …Secretary, please read the bill.
I move to concur with the House in the adoption of their Amendment 1 to Senate Bill 2554. Filed by Senator Martinez.
Senator Martinez.
…you -- thank you, Mr. President, Members of the Senate. I motion us to concur with House Amendment No. 1. As it passed in the Senate, it made two changes in the IMRF Article of Pension Code. One, it retains the provision allowing members to become -- to begin making voluntary additional contributions upon submitting applications, rather than waiting two months to -- to begin contributing and to remove the other change concerning return to work provisions. And I’ll be happy to answer any questions.
Is there any discussion? Being none, the question is, 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 shall the Senate concur in House Amendment No. 1 to Senate Bill 2554. All in favor, vote Aye. All opposed, vote No. The voting is open. All voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 voting Yes, none voting No, none voting Present. And the -- and having received the required constitutional majority, the Senate does concur in House Amendments No. -- House Amendment No. 1 to Senate Bill 2554, and the bill is declared passed. Senator Millner, on -- Senate Bill 2590. Out of the record. Senator Steans, on Senate Bill 2630. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2630. Filed by Senator Steans.
Senator Steans.
Thank you, Mr. President, Members of the Senate. The amendment to this Electronic Records Act simply adds a representative from the Secretary of Transportation to the Electronic Records Advisory Board.
Is there any discussion? The question is, shall the Senate -- Senate concur in House Amendment No. 1 to Senate Bill 2630. All those in favor will vote Aye. All opposed, vote No. 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 48 voting Aye, none 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments {sic} No. 1 to Senate Bill 2630, and the bill is declared passed. Senator Haine. We’re on Senate Bill 3030. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3030. Filed by Senator Haine.
Senator Haine, on Senate Bill 3030.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill {sic} merely adds the -- a probation officer to the list of public safety officials that would be -- that are a class which -- for which an aggravated battery would apply in this circumstance.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3030. All those in favor, vote Aye. All those opposed, vote No. 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 48 voting Aye, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 3030, and the bill is declared passed. Senator Althoff. Senate Bill 3061. …Secretary, please read the motion. 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3061. Filed by Senator Althoff.
Senator Althoff, on Senate Bill 3061.
Thank you, Mr. President. House Amendment 1 to Senate Bill 3061 adds to the qualifications for a dental license the requirement that an applicant be a graduate of a dental school that is accredited by the Commission on Dental Accreditation.
There any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3061. All those in favor, vote Aye. All opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On that question, there are 47 voting Aye, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 3061, and the bill is declared passed. Senator Althoff, on Senate Bill 3070. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 3070. Filed by Senator Althoff.
Senator Althoff, on Senate Bill 3070. 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010
Thank you much, Mr. President. Amendment No. 2 to Senate Bill 3070 makes this an agreed bill with the Illinois Municipal League. It actually addresses additional periodic sampling and that the Environmental Protection Agency take technical feasibility and economic reasonableness into account as they approve the modification plan.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 3070. All those in favor, vote Aye. Opposed, vote No. 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 47 voting Aye, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 2 to Senate Bill 3070, and the bill is declared passed. Senator Garrett. Senate Bill 3118. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3118. Filed by Senator Garrett.
Senator Garrett, on Senate Bill 3118.
Yes, thank you very much, Mr. President. House Amendment No. 1 just simply says that State employees’ rights and privileges cannot be diminished and we are in favor of 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 concurrence.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3118. All those in favor, vote Aye. All opposed, vote No. The voting is open. …voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 48 voting Aye, none voting No, none voting Present. And having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 3118, and the bill is declared passed. Senator Haine, on Senate Bill 3183. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3183. Filed by Senator Haine.
Senator Haine, on Senate Bill 3183.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative -- the -- the House amendment was added at the request of the Cook County Clerk and the Cook County Clerk asked that they be allowed -- given the authority to set up a -- a system online to receive and to file these notices, saving them a considerable amount of money in postage.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Bill 3183. All those in favor, vote Aye. All opposed, vote No. The voting’s open. 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 48 voting Yes, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 3183, and the bill is declared passed. With leave of the Body, we will return back to page 1 of the Supplemental, on Senate Bill 1020. Senator Bond. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1020. Filed by Senator Bond.
…Bond, on Senate Bill 1020.
Thank you, Mr. President. This is the Jasmine’s Law, which adds alcohol as an aggravating factor for -- during sentencing. This House amendment essentially requires that the perpetrator had to have known or should have known that alcohol was present.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1020. All those in favor, vote Aye. All opposed, vote No. The voting is open. All voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 49 voting Yes, none voting No, none voting Present. Having received the required 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 1020, and the bill is declared passed. Turning then to page 3 -- 3, the top of the Supplemental. Senate Bill 3249. Senator Sandoval. Out of the record. Senator Risinger, on Senate Bill 3282. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3282. Filed by Senator Risinger.
Senator Risinger, on Senate Bill 3282.
Thank you, Mr. President. The amendment says that -- changes the word “heating” to “emergency heating purposes” for delivery of propane when a road is posted for weight limit. And also requires the driver to notify the agencies with jurisdiction over the highway before he does the delivery.
There any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3282. All those in favor, vote Aye. All opposed, vote No. 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 48 voting Yes, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in -- House Amendment No. 1 to Senate Bill 3282, and the bill is declared passed. Senator Lauzen, for what purpose do you rise? 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010
Thank you, Mr. President. On Senate Bill 3118 as amended, I would like the record to reflect my intention to vote Yes.
The record will so show your intentions. Senate Bill 3295. Senator Millner. Out of the record. Senate Bill 3320. Senator Jones. John Jones. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3320. Filed by Senator Jones.
Senator Jones, on Senate Bill 3320.
Thank you, Mr. President. House Amendment 1 to Senate Bill 3320 adds two more minor ways that the LUST fund can be used in the future for property owners that does remediation in a more expensive way than the TACO standards.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3320. All those in favor, vote Aye. All opposed, vote No. 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 49 voting Yes, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments No. -- House Amendment No. 1 to Senate Bill 3320, and the bill is declared passed. Senator Bivins, on 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Senate Bill 3433. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3433. Filed by Senator Bivins.
Senator Bivins, on Senate Bill 3433.
Thank you, Mr. President. House Amendment 1 to Senate Bill 3433 is a DNR land conveyance which authorizes the Director of DNR, on behalf of the State, to execute a quit claim deed for Sangamon County -- Valley Trail Bikeway, located in Sangamon County.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3433. All those in favor, vote Aye. All opposed, vote No. 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 48 voting Yes, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 3433, and the bill is declared passed. With leave of the Body, if we could return back to the top of the same page. Senate Bill 3249. Senator Sandoval. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3249. 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 Filed by Senator Sandoval.
Senator Sandoval, on Senate Bill 3249. Sandoval.
Thank -- thank you, Mr. President. Excuse me. Thank you, Mr. President, Members of the Senate. I’d ask for concurrence of House Amendment No. 1 to Senate Bill 3249, which in essence does some housekeeping on implementation of Senate Bill 3249, which establishes affirmative action goals for capital construction grants.
Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
Indicates he will.
Thank you. Senator, would -- could you provide us a little more detail on the housekeeping that’s the subject of the amendment, please?
Senator Sandoval.
Absolutely, Senator Righter. What the amendment does is alters the scope of the types of contracts that are covered under this Section in this amendment. It also includes additional exceptions to compliances for grantees. It provides for pre-agreement compliance with the BEP standards, which are the affirmative action goals of the State of Illinois. It also 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 includes specific language to allow entities to {sic} receive funds to submit individual contract exemptions. And also moves the effective date of the legislation.
Any further discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3249. All those in favor, vote Aye. All opposed, vote No. 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 46 voting Aye, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 3249, and the bill is declared passed. Turning back to the Calendar. Senate Bill 3478. Senator Syverson. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3478. Filed by Senator Syverson.
Senator Syverson, on Senate Bill 3478.
Thank you, Mr. President. The underlying bill of this legislation allows county coroners to cremate bodies -- unclaimed bodies. The House amended it to say that those bodies that are preserved could also be donated to medical science. I know of no opposition to this. Thank you.
Is there any discussion? There being none, the question 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3478. All those in favor will -- will vote Aye. All oppose, vote No. 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 49 voting Aye, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 3478, and the bill is declared passed. Senator Emil Jones, on Senate Bill 3540. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 3540. Filed by Senator Jones.
Senator Emil Jones, on Senate Bill 3540.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3540 is our student victims’ bill. It will open up the dialogue between our law enforcement and schools throughout the State. Move to concur with this bill {sic}. Ask for a favorable vote.
Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 and 2 to Senate Bill 3540. All those in favor will vote Aye. All opposed, vote 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 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 46 voting Yes, 3 voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1 and 2 to Senate Bill 3540, and the bill is declared passed. Senator Delgado. Madam Secretary, please read the motion on Senate Bill 3568.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3568. Filed by Senator Delgado.
Senator Delgado, on Senate Bill 3568.
Thank -- thank you, Mr. President, Members of the Senate. I would ask for concurrence on House Amendment No. 1. Makes a technical change. It’ll provide that criminal penalties for wage theft would be in addition to any civil or administrative penalties. Second, it reinserts language mistakenly omitted during drafting and that is the current statute, regarding a twenty percent penalty on all unpaid wages if the employer fails to pay wages and ordered to pay by the Department of Labor or a court. And I would ask for a concurrence.
There any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3568. All those in favor will vote Aye. All those opposed, vote No. 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 46 voting Yes, 2 voting No, none voting Present. Having received the 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/3/2010 required constitutional majority, the Senate does concur on House Amendments -- House Amendment No. 1 to Senate Bill 3568, and the bill is declared passed. For the purposes of announcement, the Environment Subcommittee on Children’s Environmental Health Issues will meet immediately upon adjournment in Room 409. Senator Demuzio, for what purpose do you rise?
Yes, thank you, Mr. President. A point of personal privilege.
…point.
Yes, thank you. Today we have a young man that’s been on staff with us. He comes from our -- area in my county, from the 49th District. He is leaving us today -- today to go and prepare for the bar exam. And he will be taking the bar exam at the end of July. And hopefully we’d like to see him come back on staff next year. I’d like to introduce to you Gordon {sic} Garrison, our staff member. Gordon -- Jordan -- Jordan -- Jordan Garrison. Jordan has been a wonderful addition to our staff and we are going to miss him, but we all wish him the very best and I’m excited for his new venture.
We would encourage all Members to file any motions to concur in House amendments as soon as possible. There being no further business to come before the Senate, the Senate would stand adjourned until the hour of 9 a.m. on the 4th day of May, 2010. The Senate stands adjourned. 50