PRESIDING OFFICER: (SENATOR LIGHTFORD) The regular Session of the 96th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by Reverend Jonathan Dixon, Riverton Methodist Church, Riverton, Illinois. Reverend Dixon.
(Prayer by the Reverend Jonathan Dixon)
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Monday, May 3rd, 2010.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.
Madam President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions.
1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senate Resolution 815, offered by Senator Harmon and all Members. Senate Resolution 816, offered by Senator Wilhelmi and all Members. They are death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, Resolutions Consent Calendar. Senator Bomke, for what purpose do you rise?
Thank you, Madam President, Ladies and Gentlemen of the Senate. Joining us here today, up here, is the eighth-grade class from Trinity Lutheran School. They’re here studying government today and I would ask that you help me welcome them to the Illinois State Senate.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome Senator Bomke’s guests to the Illinois General Assembly. Please rise. Will all Members please come to the Floor? We will be going to 3rd Readings for Floor actions. Please come to the Senate Floor. On the Order of 3rd Reading is House Bill 13. Senator Trotter. Out of the record. Senator Clayborne, on House Bill 19. Senator Clayborne. Out of the record. President Cullerton, on House Bill 80. President Cullerton. Out of the record. Senator Schoenberg, on House Bill 83. Senator Schoenberg. Out of the record. Senator Schoenberg, on House Bill 84. Out of the record. President Cullerton, on House Bill 150. President Cullerton. Out of the record. President Cullerton, on House Bill 306. Out of the record. Senator Trotter, on House Bill 391. Senator Trotter. Out of the record. With leave of the Body, we will return to 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 House Bill 537. President Cullerton. House Bill 543. Out of the record. With leave of the Body, we will return to House Bill 707. Senator Trotter, on House Bill 859. Senator Trotter. Out of the record. President Cullerton, on House Bill 895. Out of the record. Senator Clayborne, on House Bill 917. He indicates he wish proceed. Madam Secretary, please read the bill.
House Bill 917. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.
Thank you, Madam President. House Bill 917 clarifies that medical providers may assist with applications for medical assistance for recipients of their services. It further clarifies that medical providers may assist a client in completing an application for medical assistance if there are concerns about mental capacity of the resident and no other representative’s willing to participate in the process.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 917 pass. All those in favor will say {sic} Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Yea, 0 voting Nay, 0 voting Present. House Bill -- 917, having received the required constitutional majority, is declared 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 passed. President Cullerton, on House Bill 923. Out of the record. Senator Sullivan, on House Bill 962. Out of the record. Senator Trotter, on House Bill 991. Out of the record. On the top of page 32, House Bills 3rd Reading. Senator Hutchinson, on House Bill 1075. Senator Hutchinson, on House Bill 1075. Out of the record. Out of the record. President Cullerton, on House Bill 1313. Out of the record. President Cullerton, on House Bill 1826. Out of the record. With leave of the Body, we will return to House Bill 2254. President Cullerton, on House Bill 2263. Out of the record. Senator Trotter, on House Bill 2270. Out of the record. Senator Trotter, on House Bill 2314. Out of the record. Senator Crotty - good morning, Senator - on House Bill 2332. She indicates she wish to proceed. Madam Secretary, please read the bill.
House Bill 2332. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Crotty.
Thank you very much. House Bill 2332 moves the date for the newly elected township collectors, assessors, and multi- township assessors to take office the third Monday in May, following their election in April. Currently, those positions take office the following January, which leaves a period of nine months from the time that people have elected them into the office until they leave.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Is there any discussion? Senator Pankau, for what purpose do you rise?
Thank you. To the bill: Excuse me, I have a cold. I asked the question a while ago, why do we do that anyway? Why do assessors take office, like, basically January 1st? And I was -- because everybody else takes office in April, why can’t they just take office when everybody else does? It just seems to make common sense. And so I applaud the sponsor for that. I have -- numbers of assessors have come back to me and said that the reason they did that, it has to do with closing the books. And in my particular township, Bloomingdale Township in DuPage County, they close the books somewhere around August. So that gives the previous assessor time to close the books. Otherwise, they would be right in the middle of the hearings and the process of assessments in April or first of May when they would change assessors and then you don’t have that continuation. Whereas, if you leave it on January 1st, then the assessors have time to close the books, to put everything in order, and in essence hand it over to the new person and they start afresh with all the hearings and all the reassessments and everything. This bill makes sense, but unfortunately I am going to be voting No because there is a logical reason why the assessors take office the first of the year, and that is so that the old assessor can close all of his books, be responsible for all of that tax year, and then the new assessor takes office. I will be voting No. I also urge a No vote from others.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Crotty. 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you. I just wanted to -- to sort of dovetail some remarks to some of the questions that were -- or, the concerns. That was -- you know, township government is one of the oldest forms -- it is the oldest form of government. And back when the assessors were doing all of these appeals, they didn’t have the technology that they have today. And also, anyone who wants to run for this office needs to be Certified Illinois Assessing Officer. And they have to take classes in math, mapping, appeal, commercial appraisals and property valuation. And they have to pass a test just to run. And I feel that every job that we have, whether it be an assessor…
PRESIDING OFFICER: (SENATOR LIGHTFORD) Excuse me, Senator Crotty. Ladies and Gentlemen of the Senate, we’re on 3rd Reading in the middle of the debate. Can you lower your voices so that Senator Crotty’s voice can be heard? Senator Schoenberg. Thank you. Senator Crotty.
And although every elected official comes into office, some maybe knowing the job, some not knowing anything about the job, there comes a time when we go through an election, we’re elected by our residents, and I -- and I think that a nine-month period between the time somebody either wins or loses to the time that you actually take office is way too long in this day with people that have been certified to move into that position.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Further discussion? Senator Duffy, for what purpose do you rise?
6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
Lake County assessors have overwhelmingly sent me many, many e-mails and communications and are opposed to this bill. So I’ll be voting No on this and I also encourage a No vote. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Wilhelmi, for what purpose do you rise?
Thank you, Madam -- Madam President. To the bill: I rise reluctantly in opposition to this measure. I’ve had a discussion with the sponsor. I’ve also had a discussion with folks in Will County. And, like other Members of this Body, I have been contacted by my assessors in Will County, who are opposed to this measure. And I will be voting No as well.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Seeing none, Senator Crotty, to close.
Well, thank you very much. And I’m a supervisor in a township and I certainly respect all of the assessors and especially the assessor that I work with also. And even though the assessors may have called you, there was an election back in April that either kept that person in office or your residents, your constituents, have had a say in an election whether someone stays or goes. Also, no matter what the job takes -- we had a President that took office and took up with the issue of two 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 wars. So I ask for a Yes vote. It’s the right thing to do.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 2332 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 28 voting Yea, 19 voting Nay, 4 voting Present. House Bill 2332, having failed to receive the required constitutional majority, is declared failed. Senator Crotty, for what purpose do you rise?
I’d like to put House Bill 2360 {sic} on Postponed Consideration.
PRESIDING OFFICER: (SENATOR LIGHTFORD) That’s in order, Senator. Senator Crotty, pursuant to Senate Rule 7-12, seeks House Bill 2360 -- did not receive -- 2332, excuse me, did not {sic} receive the two-fifths vote needed for postponed consideration -- your request is in order. Excuse me, Senator. The bill will be placed on the Order of Postponed Consideration. Senator Pankau, for what purpose do you rise?
Personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
I have with me today a Page for the Day. His name is Nick Matosian. He is -- he goes to school at Wheaton North High School. We had -- Senator Kotowski had a -- a young lady from 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Wheaton North yesterday. And we have Nick with us today from Wheaton North today. His mother, Barb, is up in the President’s Gallery. Please welcome them to the Illinois Senate.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Our guests in the gallery please rise and be welcomed -- welcomed here by the General Assembly. Thanks for being here, Nick. Senator Hendon, on House Bill 2360. He indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 2360. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hendon.
Thank you, Madam President. Before I begin, I just wanted to comment you -- compliment you on the -- the way you’re running the Senate today, your style, your grace, your patience with everyone. And I can’t figure out what that color is. Is it pink or chartreuse, or whatever, but you -- you also look quite lovely. And I would appreciate an Aye vote on this bill, which helps people get out of foreclosure. It’s very similar to the one we passed last year unanimously, but it died in the House. Now they’ve modified it a little bit and it will allow people to get up to six thousand dollars to help them get out of foreclosure. Thank you. I appreciate an Aye vote and I’d be more than happy to answer any questions at this time. Hopefully, there aren’t any.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Thank you, Senator. Senator Delgado, for what purpose do you rise?
Thank you, Madam President, Members of the Senate. For a personal privilege, please. I can wait.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Right in the middle of the bill. I’ll come right back to you shortly. To the bill. Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Madam President?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates he will. Senator Righter.
Thank you. Senator Hendon, is there any means testing in this program? Does it matter how much money you -- I mean, can you make a quarter million dollars a year and qualify for this program?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hendon.
That’s a very excellent question, Senator Righter. And you, too, look absolutely magnificent today. Maybe it’s my vision or the distance I am away from you, but you have a certain radiance that’s just really getting to me today. But, yes, the -- there is a means test. A person cannot have -- be more than a hundred and twenty percent over the -- the household income cannot be over a hundred and twenty percent of the poverty level. 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Are there -- are there any other parameters or criteria, Senator Hendon, with regards to -- and, I mean, I guess, we try to look for a differentiation between people who got in trouble on their mortgages because they lost their job, because their family experienced a -- a medical crisis which depleted their savings or their -- their monthly income, as opposed to those people who simply overbought, who simply got in over their heads and they’ve not really experienced any adverse economic consequences like I listed before. They just overbought. Is there anything in this bill that would differentiate between those two populations?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hendon.
Honestly, Senator - and you know I always am - I don’t buy into the fact that someone overbought as a criteria for them not being able to be rescued. Some -- some mortgage people just gave people bad mortgages and gave ‘em bad counseling. In this bill, there is counseling so that they can learn to not overbuy in the future. They must live in the property. So it’s not income property. They have to live in the house. And they just have to show inability to pay and be in foreclosure. The -- also, just like my bill last year, the mortgage company has to agree, if they take the six thousand dollars -- up to six thousand dollars, that they will renegotiate the -- the -- the mortgage and perhaps give the people a set rate instead of one 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 that varies and changes and goes up.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Lauzen, for what purpose do you rise?
Thank you, Madam President. May I say, Senator, that you are looking fabulous today. Look at you. Outstanding. But I just -- I -- I do have one question for the sponsor. And that is, where -- where will the money come from to pay this? I mean, we have people -- if you ask any audience back home, are you better off today than you were two years ago, or whether -- you know, how you were six years ago? The majority of people say, “No, we’re worse off.” And my guess is that the answer is going to be, eventually, taxpayers. So, where will the -- this money come from?
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor did indicate he will yield, Senator Lauzen. Senator Hendon.
Thank you, Madam President. Senator, I appreciate the compliments. I looked in the mirror today and I am rather spiffy. But let me say that I agree that we’re in tough economic times. You know, you voted with me to end the stupid war we have going in Afghanistan, which is destroying our country because of the cheap heroin we’re getting on the streets. The money we’re spending over there we could easily spend here in America. I’m sure you’re all for that. I’m pushing that, regardless of who the President is. But this is different. People are in -- in -- in -- in trouble and it 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 affects everyone’s neighbors. When you have three or four homes on a block that’s being foreclosed, it also affects those who are not being foreclosed. The values go down. It is subject to appropriation. Last year, I want to point out, you all supported me on this. It was a -- six million dollars. Now they’ve trimmed it down to three million dollars as the maximum that we can appropriate for this program. I think it should be larger, but I’m going to take what I can get for now.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hendon, to close.
I would appreciate an Aye vote and make sure I have thirty up there before you call the question.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. And I just want to remind the Body, later in the week, to remember all the great compliments they were giving each other by Friday - by Friday. So the question is, shall House Bill 2360 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 voting Yea, 15 voting Nay, 0 voting Present. House Bill 2360, having received the required constitutional majority, is declared passed. Senator Delgado, for what purpose do you rise?
Thank you, Madam President. Once again, on a personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point. 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you, Madam President. Well, we have some visitors. Actually, our wonderful doorman has brought this to my attention. And, actually, they’re visiting from across the pond, and I don’t mean Puerto Rico. They’re here from -- our good friends, Shirley and Tim Middlecoat, are right above me here, from Grimsley {sic}, UK, visiting us from the United Kingdom. Let’s give ‘em a wonderful warm Illinois welcome to Illinois and to the United States of America.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Will our guests in the gallery please rise and be welcomed to the State of Illinois? Senator John Jones, for what purpose do you rise?
Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
Thank you, Madam President. Today I have two Pages from Mt. Vernon that attend the -- St. Mary’s School in Mt. Vernon. Molly and Julie {sic} (Julia) are here paging with me today, and -- and then Molly’s mother is up in the -- up in the gallery up here. So, please welcome ‘em to Springfield.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please -- will out guests please rise and be welcomed to the Illinois General Assembly? Senator Sullivan, for what purpose do you rise?
Thank you, Madam President. A point of personal privilege. 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
Thank you. Ladies and Gentlemen, I have two guests with me here today. They are students at Western Illinois University. To my left is Olena Prokopenko. I hope I’m saying that somewhat properly. She is from the Ukraine. She is a grad student at Western, studying political science/public policy. And to my right is Jared Horn. He is a political science major also. He’s actually from Burlington, Iowa. But they are shadowing me today and I’d like everybody to welcome them to Springfield.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please welcome our guests to the Illinois General Assembly. Go Leathernecks! Senator Lauzen, for what purpose do you rise?
Thank you -- thank you, Madam President. Just, on Senate Bill 3540 as amended, I would like the record to reflect that my intention was to vote No {sic}. So, thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Your intention will be recorded. Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Yes, I’d like to introduce my help for the day - Baylee Phillips. Baylee is just completing the sixth grade at Decatur Lutheran School. She likes history and she’s involved in volleyball, basketball, swimming and track. Her father is here with us today sitting -- standing in the gallery. And just want to welcome them. Here from Decatur today. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Guests in the galleries please rise. Young lady, be welcomed here. Senator McCarter’s guests, please welcome them to the Illinois General Assembly. Senator Demuzio, for what purpose do you rise?
Yes, thank you, Madam President and Members of the Senate. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.
Yes, it’s my pleasure to have in the President’s Gallery today a group from Macoupin County Economic Development Partnership. They’re here to -- again, this is their second trip to learn about our State government and to be a part of it and, of course, the economic impact for the State of Illinois and for our Illinois hospitals. Sue Campbell, representing Staunton, is here. Let’s give them a warm welcome to our Senate today.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Will our guests in the galleries please rise and be welcomed by the Illinois General Assembly? Jennifer Wessner, Illinois Statehouse News, requests permission to film. Leave is granted. On the Order of House Bill {sic} 3rd Reading, page 39. House Bills 3rd Reading is House Bill 5765. Senator Forby, on House Bill 5765. He indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 5765. (Secretary reads title of bill) 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Forby.
Thank you. This is a bill that’s identical -- that I passed here a while back, Senate Bill 3264. And today, House Bill 5765, they’re both identical. It passed out of the House with no opposition. It’s over here. We had a little opposition, but it passed overwhelming. And this bill today is a healthcare bill and a jobs bill. What this does, it puts people to work and save people’s life, what this bill does today. And in the State of Illinois, there are over fifty-one total of critical care hospitals. So -- and another thing this bill is, it’s not a Democrat or Republican bill. So this -- hospitals are in most districts. And if one of these hospitals or some of the hospitals in my district would happen to close down, we’d have to drive fifty to sixty miles to receive care. And the only issue on this bill is it’s subject to appropriation. And so that’s the only kickback that I can see - - this bill, but there ought to be some way or another that the State can come up with some funding on it. And if they do -- and what’s good about this bill is the federal puts up fifty percent of the money. So I -- I think everybody realizes what this bill is. I just appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5765 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 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 record. On that question, there are 50 voting Yea, 2 voting Nay, 0 voting Present. House Bill 5765, having received the required constitutional majority, is declared passed. Chris -- Chris Brooks from WICS-TV requests permission to videotape. Leave is granted. House Bill 2369. On page 32, House Bills 3rd Reading. House Bill 2369. Senator Wilhelmi. He indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 2369. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 2369, as amended, allows counties and large municipalities that have received authority under federal legislation, the ARRA legislation, to issue certain amounts of recovery zone and qualified energy bonds to waive it’s -- it’s authorized allocation back to the Illinois Finance Authority or, via the Authority, to a regional development authority for use on qualified projects. In addition, when that allocation is ceded back to the IFA, then the IFA will have a determination to make whether to allocate that -- that -- that amount to a county or a municipality unless the county or municipality that’s ceded specifies that it needs to be sent to a regional development authority. Finally, there are reporting requirements under this bill. Specifically, the IFA will be reporting after sixty days of the effective date. They will be reporting every thirty days 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 to the Illinois General Assembly as to the status of this -- of these allocations. And secondly, any county or municipality that has already issued its bonds as of the effective date would have to report within thirty days of that issuance of that bond sale. And then any county or municipality that has not yet issued its bonds, if they do so after the effective date, they would have thirty days to report back to the IFA that they did, in fact, issue those bonds. This has been a collaborative effort. I want to thank many of you in this Chamber for helping through the issues on this important bill. I’d be happy to answer any questions and I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Pankau, for what purpose do you rise?
A question of the sponsor, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will yield. Senator Pankau.
Is the county or municipality that is giving this authority to the regional or to the State authority -- do they get to pick what it’s used for, or do you basically just give it to them and say here it is?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi.
Senator Pankau, the way the legislation reads, the county or the municipality would have the right - it’s voluntary - but they would have the right and the ability to waive or cede that 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 allocation back to the IFA with one qualification - they could determine that they want the IFA to then allocate to a regional development authority, and they’d have to do that by ordinance. But they would not be picking the specific project within that region or within that county or municipality. It would simply cede back to the IFA and then either go to the regional development authority or to another county or municipality.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Pankau.
So, if I originally got the money for roads, I couldn’t -- I couldn’t say I want this used on roads in some -- I mean, I don’t have to have a similar purpose? You -- you can do that with these bonds?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi.
Your question is whether you could select a project if you’re a county or a municipality, Senator?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Pankau.
No. Let’s say I originally got the money for roads. Does the IFA, or whatever, have to use that for roads or do the regional authority have to use that for roads? Does it have to be the same purpose that you got the original authority for?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi.
20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senator, the federal guidelines under ARRA state that it must be used for economic development and job creation. So, when it’s ceded or -- or waived back to the IFA, then the IFA would have to reallocate that amount to another county or municipality or the regional development authority for that purpose - economic development and job creation.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, the question is, shall House Bill 2369 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Yea, 4 voting Nay, 0 voting Present. House Bill 2369, having received the required constitutional majority, is declared passed. Senator Clayborne, on House Bill 2376. Senator Clayborne. Out of the record. President Cullerton, on House Bill 2386. Out of the record. We will turn to the top of page 33. On the Order of 3rd Reading, President Cullerton, on House Bill 2428. Out of the record. Senator Trotter, on House Bill 2469. Senator Trotter, on House Bill 2469. Out of the record. President Cullerton, on House Bill 2598. Out of the record. Senator Trotter, on House Bill 2640. Out of the record. Senator Hunter, on House Bill 3631. She indicates she wish to proceed. Madam Secretary, please read the bill.
House Bill 3631. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senator Hunter.
Thank you, Madam President. House Bill 3631 creates the Community Youth Employment Act and provides that -- DCEO shall administer a competitive grant program that will provide five thousand youth statewide with opportunities to receive stipends or wages and supervision for summer employment during a ten-week period. And this bill is subject to appropriation.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3631 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 43 voting Yea, 7 voting Nay, 0 voting Present. House Bill 3631, having received the required constitutional majority, is declared passed. President Cullerton, on House Bill 3659. Out of the record. President Cullerton, on House Bill 3677. Out of the record. President Cullerton, on House Bill 3806. Out of the record. President Cullerton, on House Bill 3833. Out of the record. Senator Trotter, on House Bill 3841. Out of the record. President Cullerton, on House Bill 3845. Out of the record. Senator Haine, on House Bill 3869. Senator Haine seeks leave of the Body to return House Bill 3869 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3869. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Haine. 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Thank you, Madam President, Ladies and Gentlemen of the Senate. The amendment allows Class C misdemeanors, the lower of the two, for a first offense, to have a -- a drug abuse option.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading, Senate -- House Bill 3869. Senator Haine. He indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 3869. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This is an initiative of the Williamson County State’s Attorney, a gentleman I’ve known for many years, very able prosecutor. Mr. Garnati has asked us to raise the bar - raise the penalty - for huffing, they call it, compounds found in 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 industrial and household chemical products. And he’s -- he wants us to raise this to a Class A misdemeanor and provide for the first time charged an option to seek drug treatment. A -- a very reasonable bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3869 pass. All those in favor will vote Aye. Opposed, Nay. 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 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3869, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is House Bill 3900. President Cullerton. Out of the record. On the top of page 34 of your Calendars, we will proceed with House Bill 3962. President Cullerton. Out of the record. Senator Hunter, on House Bill 4587. She indicates she wish to proceed. Madam Secretary, please read the bill.
House Bill 4587. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.
…you -- thank you, Madam President. House Bill 4587 basically creates the Lupus Education and Awareness Act and establishes the Lupus Education and Awareness Program within the Department of Public Health, subject to appropriation.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Is there any discussion? Senator Syverson, for what purpose do you rise?
Thank you, Madam President. I guess a question of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) She indicates she will yield. Senator Syverson.
Thank you. Senator, we had discussed this in committee and one of the concerns was this is a -- not only establishing another -- another program, but the Department -- if -- if we start setting up a -- a new board for every illness that’s out there, it’s going to be difficult for the Department to get the work done that they’re currently doing. And I know that there are a significant number of boards that the Department already has. Can one of those existing boards take on this task of reviewing lupus education if that’s not being disseminated in the State? Have we -- have you talked to the Department to see if any will work in that area?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.
Senator Syverson, as I’ve indicated to you, last week and as well as in the committee, we were attempting to amend the Chronic Diseases Task Force. However -- to add this into it. However, that task force has already been up and -- and they’re running. We were unable to do so, and as I indicated to you last week, I have to go with this one because we were unable to fit that -- this particular task force into the other one that - 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 - that is already existing.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Syverson.
Thank you. I -- I remember that discussion. What was the reason that they felt that that task force couldn’t take on additional responsibilities? Did the -- did the task force say that they didn’t want to do that, or didn’t -- didn’t have the time to do that? Or is that task force even meeting currently?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.
Senator Syverson, what I had hoped to do was to amend that -- the Chronic Diseases Task Force to fit this in and to increase the number of task force members and appoint someone with a lupus background. Many people are not fully aware of the disease of lupus and how to diagnose it and the signs and the symptoms. And so, this is like a specialized disease, so that’s why -- that’s another reason why we have decided to have its own freestanding task force.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Syverson. Further discussion? Seeing none, Senator Hunter, to close. The question is, shall House Bill 4587 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Yea, 8 voting Nay, 0 voting Present. House Bill 4587, having received the required constitutional majority, is declared passed. Senator Hendon, on 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 House Bill 4623. Senator Hendon, on House Bill 4623. He indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 4623. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hendon.
Out of the record. Out of the record. Out of the record.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Out of the record. Senator Bomke, on House Bill 4644. Out of the record. Senator Meeks, on House Bill 4647. Senator Meeks. Out of the record. Senator Frerichs, on House Bill 4652. He indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 4652. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.
Thank you very much, Madam President. House Bill 4652 amends the Use Tax Act by amending the definition of gasohol. Currently gasohol is a motor fuel with ninety percent gasoline and ten percent denatured ethanol. Gasohol is separately defined because it is taxed at a lower rate than other motor 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 fuels. EPA currently has a restriction on vehicles using motor fuel with more than ten percent ethanol, but the EPA is considering raising the ten percent ceiling to as much as fifteen percent. What this would do is it would shift the tax credit from ten percent ethanol to fifteen percent ethanol. And would answer any questions of my colleagues.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Lauzen, for what purpose do you rise?
A question for the sponsor, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will yield. Senator Lauzen.
Senator, in -- it -- it took a couple of times going through Revenue Committee to get this passed out with a majority vote. The greatest concern was, for all those folks who have investment of tanks in the ground, that there doesn’t seem to be a way of getting certification so that their insurance policies cover any leakage that could occur after this change is made in the law. Made a lot of sense to me that, my gosh, before we move forward on this, we ought to have a system in place for certification. What’s your response to that real concern before we move forward with this bill?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.
I understand that that’s a real concern from some people, but I have spoken with people in the State Department of -- 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Environmental Protection Agency. And as long as that station owner is paying into the LUST Fund, the Leaking Underground Storage Tank Fund, any leaks occurring would be covered by the LUST Fund.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Lauzen.
Do you have some verification of that in writing so that people could rely on that assurance beyond our -- our speaking in this Chamber?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.
I -- I have nothing in writing in my hands. I have spoken with people at IEPA. I gave that phone number for other people to call and confirm. But, no, I have nothing to give you right now.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Burzynski, for what purpose do you rise?
Thank you, Madam President. To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill.
I just rise in support of the bill. I think that there have been some questions that have been raised relative to this particular piece of legislation. But I would like to point out that this does not mandate that marketers market higher-blended 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 fuels. It simply offers a tax incentive should they do that. So it’s not a mandate. And I think it’s a -- a great bill. Helps us with renewable fuels and helps us to have our own homegrown fuels out there. So I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Seeing none, Senator Frerichs, to close.
Okay. Well, I would just like to say, for the purpose of legislative intent, the State Fire Marshal, the Director of Agriculture, and the Director of the Environmental Protection Agency shall interpret the phrase “legally and safely produced and delivered to consumers” to mean that a nationally recognized, third-party certificating organization, with historic expertise in certifying motor fuel equipment, shall have determined that the equipment necessary for delivering motor fuel blends have {sic} (above) E-10 to the end consumer has been certified as being able to safely transport, store, and dispense the new blend and is available from multiple equipment providers. I want to thank you very much for -- for the generous discussion. Would request a favorable vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. The question is, shall House Bill 4652 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Yea, 5 voting Nay, 0 voting Present. House Bill 4652, having received the required constitutional majority, is declared passed. Senator Hendon, 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 for what purpose do you rise?
Point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.
Just for the people back home, on 4623 -- so I just -- I wanted to explain briefly so it just wouldn’t look like I didn’t know what I was doing. That bill will become the free rides for seniors, the adjustment in that program. So, I guess later we’ll return it to 2nd Reading for purpose of an amendment, which will gut the bill, and it will eventually be the free rides for seniors with the means test that Senator Radogno likes so much.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Senator Crotty, to address the panel for purpose of introduction. Senator Crotty.
Well, thank you very, very much for -- for your indulgence. But today I’m pleased to have a very special group of individuals joining me at the Capitol. The Hillcrest High School boys’ and girls’ basketball teams came from Country Club Hills, Illinois, to be recognized for each of their State final appearances. The boys’ basketball team finished with thirty-one wins and three losses, winning the Class 3A State Championship. The Hawks defeated the heavily favored and hometown favorite, Peoria Richwoods Knights, by a score of fifty-eight to fifty- five at Carver Arena on March 20th. Now, if that wasn’t exciting enough - and this is my own school district where I 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 reside - the girls’ basketball team from Hillcrest finished with a twenty-eight-win and four-loss record this year, making it to the 3A State Tournament for the second year in a row. They surpassed last year’s Elite 8 finish, placing second in this year’s State finals, falling just short of a State championship on March 6. This group of talented men and women have displayed teamwork, dedication and commitment to excellence. I want to congratulate them on their accomplishments and wish them continued academic and athletic success for the years to come. It is my honor to welcome them and their coaches to the State Senate today. Please join me in recognizing them for their outstanding achievements. Also, I would like to introduce -- accompanying them today is my friend, Superintendent Bill Kendall; another good friend, Principal Renee Simms; and their two coaches, which will introduce the team members to all of you. I’ll start with the boys’ coach, Coach Houston.
(Remarks and Introductions by Coach Don Houston)
And introducing the girls’ team will be Coach Maniatis.
(Remarks and Introductions by Coach John Maniatis)
One more round of applause for our State finals championship {sic}.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Again, congratulations to our State Champions first place and the women’s team second place. Ladies and Gentlemen of the Senate, we will continue with House Bills 3rd Reading on page 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 34. Before we proceed with that order, Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point. SENATOR MUÑOZ: Madam President, Ladies and Gentlemen of the Senate, I have here with me Amaris Cardona. Her dad is a very good friend of mine for a number of years. Amaris is here with her seventh- grade class up in the Republican Gallery. And they’re from Blaine Elementary and the school is in President Cullerton’s district. If we can give them a warm welcome, I’d appreciate it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please welcome our guests. Will you please rise and be recognized by the General Assembly? Now on the Order of 3rd Reading on page 34, we will continue with House Bill 4658. Senator Harmon. He indicates he wishes to proceed. He seeks leave of the Body to return House Bill 4658 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 4658. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon, on Floor Amendment No. 2.
Thank you, Madam President, Ladies and Gentlemen of the 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senate. Floor Amendment 2 makes some drafting changes. I’d move for its adoption and will present the entire bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senator Hutchinson, your light, was it for the amendment? No? Okay. On the Order of 3rd Reading is House Bill 4658. Senator Harmon indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 4658. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Mr. {sic} President, Ladies and Gentlemen of the Senate. House Bill 4658 creates the Employee Credit Privacy Act. In essence, it says that employers screening applicants and candidates for employment can’t use the employer -- applicant’s credit as a -- a consideration in hiring, unless it’s actually relevant to the job they’re applying for. There are clear exemptions for certain industries and for certain job 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 descriptions. With all the amendments in the Senate, I believe we have eliminated the opposition to the bill. I’d be happy to answer any questions and look forward to discussing it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Hutchinson, for what purpose do you rise?
Will the sponsor yield for purposes of legislative intent?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will. Senator Hutchinson.
Senator Harmon, is it the intention of House Bill 4658 for the use of cash registers or the handling of credit cards by cashiers or other employees during business transactions to be included under the definition of, quote, “personal or confidential information”?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
No, that is not the intent.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hutchinson.
Under House Bill 4658, can an employer obtain consumer reports without financial data that allow for address verification?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Thank you, Senator. Yes. Section 30 of the Act allows an employer to obtain consumer reports for the purpose of address verification.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Madam President?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will. Senator Righter.
Thank you, Madam President. Senator Harmon, this is one of those bills after it passes and becomes law, a few months later we get a call from someone in our district saying what does this mean? What -- who -- who can I ask this question of and who can I not? What kind of positions would be what you would consider to be relevant in terms of credit history?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. Senator, I’m going to answer your question in -- with -- with two parts. The way the bill is structured there are -- there are two ways you can be exempt from this. First, there are certain industries that are exempt from the definition of employer: Banks, insurance companies, certain government agencies that are required to do this, the -- the debt collecting firms that deal in debt collection. And then there are certain positions of employment that would -- would be relevant to inquire as to an employee’s credit. And 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 I’ll -- I’m going to just look at these in sequence. This is on page 4 of the bill, Section {sic} (b). There’s a list: Cases where State or federal law requires bonding or other security; the duties of the position include custody and unsupervised access to cash or marketable access -- assets in excess of twenty-five hundred dollars; signatory power over business assets; a managerial position that involves setting the direction of the business; the position involves access to personal or confidential information, financial information, trade secrets, or State or national security information; it’s a position that either the U.S. Department of Labor or our State Department of Labor has promulgated rules establishing this is relevant; or it’s otherwise required by federal or State law. So there’s a discreet list of criteria where checking credit is, in fact, relevant to the hiring decision.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Righter.
Thank -- thank you, Senator. On that list, so anyone who handles money, regardless of who their employer may be or what that specific occupation is, if they’re handling cash or checks as a -- as -- as part of their regular duties, would that -- would that be included as well?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. No. Not in all cases. And I call your attention to page 4, line 20 through 22. “The duties of the position include custody of or unsupervised access to 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 cash or marketable assets valued at twenty-five hundred dollars or more.” As you heard in our discussion on the Floor with Senator Hutchinson, operating a cash register, taking cash from customers at the grocery store, is not intended to be covered by this. We’re talking about unsupervised access to cash in a -- in a requisite amount under the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Duffy, for what purpose do you rise?
Question for the sponsor, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates he’ll yield. Senator Duffy.
You know, what I’m worried about is increasing lawsuits and making it more difficult and giving more hurdles for small business owners. If I’m an employer, won’t this increase the potential to have more lawsuits if this bill is passed? If I’m interviewing somebody as an employer and I ask the -- the potential candidate about their background and about their past and if, for some reason, the person starts talking about their troubles they have with their past credit history and some obstacles that they face and then I don’t end up hiring that person because they’re not the best candidate for the -- for the job, isn’t the potential to have a lawsuit then be presented to me at the company because the person’s then going to say I violated this law and did not hire ‘em just because they’re -- they had a bad credit history?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon. 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you, Madam President. Obviously, Senator, folks can sue for all sorts of reasons no matter what we say down here. What I would say is that this does not protect the applicant in that case. It is required that the employer violate the Act by affirmatively asking about the credit history or soliciting a credit report from one of the credit reporting agencies. So, in that case, no, there’s no increased liability under this Act.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Duffy.
So, Senator, do you think that this increases the chances for employers of having more lawsuits or this lessens those chances?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
I -- I don’t think that it does either in -- in a vacuum. I think that if employers violate the law and ask about credit history for a position where credit history is not relevant, then they have violated the law. If they -- if they do not, they have no increased exposure.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Senator Dahl, for what purpose do you rise?
Question of the sponsor, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he’ll yield, Senator. Senator Dahl. 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you. Senator Harmon, with -- with the twenty-five hundred dollar in marketable products here, you know, we -- the discussion has been mostly on cash. So would this -- UPS or virtually any -- anybody in the transportation industry would at any time have twenty-five hundred dollars or more on a vehicle in marketable assets. So does that eliminate pretty much everybody in the transportation business from -- from this law?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
If the employee being considered or the applicant for the job has unsupervised access to marketable assets valued at twenty-five hundred dollars or more - and marketable assets mean company property that is specially safeguarded from the public and to which access is only entrusted to managers and select other employees - then, in that case, they would be exempt. I - - I don’t want to make a broad industry-wide pronouncement, but following those facts, if they -- if they are transporting marketable assets, I would expect there would be an -- an exemption to the law.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Lauzen, for what purpose do you rise?
Thank you, Madam President. Just to the bill. I trust that the intentions of the sponsor are certainly good, that what you’re driving at is having -- fair hiring practices. But when you take a look at where we stand in Illinois in creation of 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 jobs, we have huge problems, whether it’s our worker compensation rate, unemployment insurance, the tax structure itself, politicians demonizing employers during State of the State addresses consistently. Here is an example of one more regulation that needlessly complicates the process of trying to hire people into employment. So, I -- I know that the intention is good, but, my god, if we understood in this Chamber how hard it is to compete in the private sector and then to hire people who are going to share the same practices, habits, values that we have and then we put hurdle after hurdle in front of these people, no wonder we’re forty-eighth or forty-ninth in the creation of jobs. I ask you to vote No.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Murphy, for what purpose do you rise?
Question of the sponsor, Mr. {sic} President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he’ll yield, Senator. Senator Murphy.
Senator, why -- what are you trying to prevent from happening with this bill by preventing this information from getting to prospective employers?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Senator Murphy, for that question. And -- and I think I can answer both your question and the -- the -- the concerns raised by the previous speaker. We’re not trying to 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 demonize business. We’re not trying to erect artificial hurdles to hiring. What we’re saying is this, how many folks in Illinois have lost their jobs and, as a result of losing their jobs, have gotten into some modest credit problems? They’re looking for a job. They’re -- applying everywhere they can and now employers are looking at their credit history, even though there’s no rational relationship to the job they’re being hired -- you don’t need good credit to drive a forklift. You don’t need good credit to turn a wrench. But you need a job to get your good credit back. All we’re saying here is, look, it’s convenient. You can order a credit report and you might find that -- that I had bad credit. I had a problem paying my mortgage ‘cause I lost my job. You’re looking at two applicants - one who has credit problems and one who doesn’t. Otherwise, they’re completely even candidates. Credit history isn’t relevant. So why should you use it? We’re saying you shouldn’t use it in those cases. You should make the -- the decisions based on the merits and not on these artificial things. Folks are deep in a hole. They need to get out. And -- and to look at credit history is just going to -- perpetuate a vicious cycle and drive people further down.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Murphy.
And -- and I -- I respect and appreciate that. But why don’t you trust the discretion of the job creator looking at the application, who understands the exact same financial situation that so many people are going through, to -- to decipher whether or not it’s relevant for their business and the job they’re 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 hiring for. Why are we legislating away the job creator’s discretion to make that decision for their business? Because, you know, my sense is, is that people understand exactly what you just said, that there’s a lot of people right now who have a worse financial history than they’ve ever had in their life who are good, hardworking people who are good employable people. And I guess what we’re saying is we trust the job creator making that decision and don’t feel compelled to tie their hands with legislation. And I guess, you know, I’ll close with that and -- and request a No vote, but I’d be interested in your comment on why we would take the discretion away from that job creator.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you. Thank you, sir. I appreciate your point, Senator. And -- and I -- it’s not -- I’m not being dismissive of it. As a matter of public policy, we have decided that there are certain things employers should not consider in making decisions: race, gender, other -- other factors. We’re saying now that we see this pattern where employers are looking at credit history where it’s just not relevant to the job. And people who are in a hole can’t get out because of it. We are adding one more factor that employers shouldn’t consider unless it’s relevant to the job. That’s all we’re doing. We’re trying to give people who are in this spiral of -- of credit problems a -- a chance to get out. And I don’t think we’re imposing an undue burden on employers.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Any further discussion? Seeing none, Senator Harmon, to 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 close. The question is, shall House Bill 4658 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 41 voting Yea, 12 voting Nay, 0 voting Present. House Bill 4658, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to House Bill 4667. House Bill 4681. President Cullerton. Out of the record. Senator Righter, for what purpose do you rise?
Thank you, Madam President. On a point of personal -- personal privilege, if I might.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Absolutely. Please state your privilege.
Thank you, Madam President, Ladies and Gentlemen of the Chamber. Right above your head, Madam President, in the President’s Gallery, I have a group of student constituents who I would like to welcome. They are from the Paris Cooperative High School. There are eighteen students and three adults, including their teacher, Carrieann Phegley. They are a group comprised of both, Madam President, Teenage Republicans and High School Democrats. So they are here to watch you guide this Chamber through its day-to-day activity of passing legislation. I’d ask that they rise so we could give them a warm Senate welcome. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Will our guests in the gallery please rise and be welcomed to the Illinois General Assembly? Thank you for being here. 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senator Maloney, for what purpose do you rise?
Thank you, Madam President. I would like to be recorded as an Aye vote on 4658, Senator Harmon’s bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The record will reflect, Senator. Moving on to House Bill 4691, 3rd Reading, on page 34. Senator Viverito. He indicates he wish to proceed. Madam Secretary, please read the bill. Senator Viverito seeks leave of the Body to return House Bill 4691 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 4691. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Viverito.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Viverito, Floor Amendment No. 1.
Thank you, Madam. This is the -- for the amendment and I will explain it on the 3rd Reading.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4691. Madam Secretary, please read the bill. 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
House Bill 4691. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Viverito.
What -- what this -- what this bill does, it protects a lot of young people with the Car Seat {sic} (Child) Passenger Protection Act. A penalty will be seventy-five dollars. Second penalty would be two hundred dollars. The -- the bill would vacate it once they go into a safety course to be able to learn how to put in a seat correctly and protect that child and all -- the bill that has a penalty will be waived. There was a little bit -- question about the downstate, but we will be working with the schools and we will be working with the fire departments and we feel that this is something that has to be addressed. We know it’s a difficult situation in rural areas, but we’re trying to address that issue and we will not allow this to go out without the further indulgence of the State Police, who are advocates of it. Any other questions, I’ll be happy to answer.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. There are a couple lights flashing. Senator Bomke, for what purpose do you rise?
Thank you, Madam President. To the bill: I want to thank Senator Viverito for working on this bill, reducing the -- the fine to a point that I think is reasonable. I -- I do have a little concern about the certification, the -- the schools where 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 the certifications can be done. You mentioned that you’re going to be working with local fire departments and schools to -- to address that issue. I -- I applaud your efforts. I support encouraging people to use these child safety seats. Little concerned about that, but I appreciate you trying to -- to work on it to make the -- the accessibility of those schools more available. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Hendon, for what purpose do you rise?
Thank you, Madam President. I will just go to the bill. You know, Senator Viverito is my seatmate, but I -- I don’t understand the difference between downstate and the northern part of the State of Illinois. A car seat is a car seat. If they got to put ‘em in the back of -- of our car, they should put it in the back of a truck or whatever. What’s the difference? Safety is safety. I’d hate to see this bill watered down because for some reason the downstate children don’t deserve the same protection. So I really don’t understand the difference between the two neighborhoods when it comes to child safety.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Viverito.
I certainly want to thank my colleague, who I hold in high esteem because he’s a man of few words. But the -- what I say in jest was only that downstate has to be addressed not on the safety issue, only on the fact of having a place where they can 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 come in and be able to explain how to put in the -- the car seat in a safe way. We were not discriminating between City of Chicago and downstate Illinois. It’s just that they have a little more complex area, because they don’t have as many places available from the Illinois Department of Transportation. And that’s why we’re very much interested in trying to start something with the schools, as well as the fire districts in those particular areas. And also the fact that I think every one of us are interested in safety for these young children that are in -- sometimes two and three kids in the backseat, maybe of a truck, maybe a car. But somewhere along the line they really should be in the -- a safer seat to be able to protect them. Your indulgence and -- and your questions have been very good and honorable, but we’re all -- all concerned about safety for our children. And this is really a good bill and I hope that you will all vote for it. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Sullivan, for what purpose do you rise?
Thank you, Madam President. To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
I just want to echo Senator Bomke’s comments with regard to Senator Viverito. He -- there -- we did bring -- there were some concerns that were brought up in committee with regard to the fines and -- and that was addressed. With the issue -- and, Senator Hendon, the -- the issue with regard to downstate, as 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senator Viverito just said, it wasn’t that we wanted an -- an exemption from this. We were concerned about having facilities available -- or locations available to actually give the instructions so that the seats can be properly placed and the -- and the -- and the parents can be educated as -- as to how to properly put in these restraints. Some -- in some of the more rural areas of the State, there simply aren’t locations to -- to do that. And I want to applaud Senator Viverito, as well as the House sponsor, in working to try to address and alleviate some of those concerns. I ask for an Aye vote on this legislation.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Meeks, for what purpose do you rise?
Question of the very fine sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates he’ll yield. Senator Meeks.
Senator Viverito, I just want to know, how old is the child? I think we looked for it and couldn’t find it. How old is the child that we’re talking about?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Viverito.
All children under the age of eight. All children under…
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Meeks.
All children under the age of eight. All right. Thank you 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 very much.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Senator Risinger, for what purpose do you rise?
Thank you, Madam President. I rise in support of the bill. I -- I -- really think that the spinoff from this that’s -- that’s going to happen is that we will have fire departments and -- and firemen, different -- different groups that will really have the expertise to give advice. And so even people that aren’t -- aren’t fined will be able to stop in and -- and get instruction on how to do this safely and in the responsible way. So I think this is a very good step forward. Being a grandfather myself and having put those car seats in, it’s easy to get ‘em fouled up. They’re not rocket science to get it done. You just need a few simple instructions and I think that we will have plenty of opportunities and -- plenty of places where that instruction will be given. Thank you, Senator.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Seeing none, Senator Viverito, to close.
I want to thank all of the Senators on some real fine questions and presenting exactly what we should be doing. But I must tell you, personally, I’ve lost two of my nephews - one sixteen years old, without a seatbelt, and a twenty-one-year- old, who had just finished electrical school, at I-55 and Weber Road last year. So I know what it’s like not to have a seatbelt on - two of the nephews, twenty-one and sixteen years old. So 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 please vote for this bill. It’s a good bill and I appreciate all the questions that were given to me. Thank you very much.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 4691 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Yea, 0 voting Nay, 1 voting Present. House Bill 4691, having received the required constitutional majority, is declared passed. Senator Cronin, on House Bill 4708. Out of the record. Senator Koehler, for what purpose do you rise?
Thank you, Madam President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.
Behind me in the gallery, behind the Democrats’ section here, we have Russ and Jean Sherman, who are the parents of Jasper Rylan Sherman. Jasper passed away from mitochondrial disease in 2007. It’s an illness that affects more than one in four thousand children every year. Since then, they have campaigned to increase mitochondrial disease awareness. The Shermans are actually Senator Millner’s constituents and he joined me as the chief cosponsor of Senate Resolution 576, legislation that we adopted on March 24th, which designates the third full week of September in each year as Mitochondrial Disease Awareness Week. Governor Quinn has also issued a proclamation designating the same week. Russ and Jean are joined here today with their sons, Riley and Jarek, and are here 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 to really thank us for honoring the memory of their son and brother. And I also want to introduce the Director of my district office, Kyle Dooley, who are friends of the Shermans and who brought this to my attention. But, Madam President, I’d like to ask the Senate to give them a very warm welcome to the Senate today.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Will our guests in the galleries please rise and be welcomed by the Illinois General Assembly? On the Order of House Bills 3rd Reading on page 34 is House Bill 4711. Senator Maloney. Out of the record. House Bill 4778. Senator Koehler. He indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 4778. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Thank you, Madam -- Madam President, Members of the Senate. House Bill 4778 deletes the payment of fees for the following veterans’ special license plates and their associated fees. They are the Korean War Veteran, U.S. Veteran, Vietnam Veteran, World War II Veteran, Army Combat Veteran, and U.S. Army Veteran. It’s brought to me by Representative Moffitt and certainly has wide support by the many veterans’ organizations in our State. Appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Is there any discussion? Seeing none, the question is, shall House Bill 4778 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 4778, having received the required constitutional majority, is declared passed. Now on the top of page 35, House Bills 3rd Reading. Senator Collins, on House Bill 4781. Senator Collins. Out of the record. Senator Schoenberg, on House Bill 4802. He indicates he wish to proceed. Mr. -- Mr. Secretary, please read the bill.
House Bill 4802. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Schoenberg.
Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 4802 extends the sunset date, which is currently 2016, for non-referendum bond authorization for the Metropolitan Water Reclamation District to the year 2024. This is necessary specifically for two reasons. The first is that the District’s long-term capital plan has two billion dollars in projects for infrastructure and flood control reservoirs and we need the authorization date to change so that it can sync up with the financing because the length of the project extends beyond the current sunset date of 2016. And then, secondly, this will help the District maintain its AAA bond rating. I 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 know of no opposition. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall -- Senator Dillard. Bomke. No. Okay. Question is, shall House Bill 4802 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 4802, having received the required constitutional majority, is declared passed. Senator Bomke, for what purpose do you rise?
Thank you, -- Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
I’ve just been informed that one of our doormen, Larry Tumulty -- hey, Larry, don’t step out yet. Larry. He’s -- yeah. He’s trying to sneak out. He became a grandfather this morning. Has a granddaughter born this morning at 9:13 a.m. - Ella Rose Hesson, six pounds, twelve ounces; mother, Jennifer; father, Steve. When you see Larry, you might want to congratulate him. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Congratulations, Larry, on the new life. Senator Viverito, for what purpose do you rise?
Point of personal privilege, ma’am -- Madam President. 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR LIGHTFORD) State your point, Senator.
I have a very, very nice thing to do here today. It’s rare that we’re able to compliment one of our legislators, but the Majority Leader James Clayborne, the Illinois State Senator from the 57th District, in recognition of outstanding public service and consistent support of county government by the Illinois Association of County Board Members. He was given that -- he was given that honor of this legislative award. How about a nice hand for our Legislator of the Year, Mr. Jimmy Clayborne?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Congratulations, Senator. Senator Risinger, for what purpose do you rise?
Point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
I have in the gallery, in the President’s Gallery, a young lady, Lacey Givens. Lacey and her family is here. Lacey was very concerned -- got concerned about the budget and the State not paying its bills to the schools, started a letter-writing campaign, worked very hard with that. Lacey is a fifth grader at Princeville Grade School. She hopes to be a nurse when she grows up. Would everybody in the Senate please give her and her family a warm welcome?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please rise and be welcomed to the Illinois General 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Assembly. And congratulations on your good work, Lacey. Senator Rutherford, for what purpose do you rise?
Thank you, Madam President. For purpose of an introduction, if I may.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Yes, you may, Senator. Please proceed.
Thank you, Madam President. Ladies and Gentlemen of the Senate, I have with me a -- a young lady, Kayla Longwell. Kayla was a -- a Page for me when she was in eighth grade. And now she’s grown up to be a fine young lady. She’s a senior in high school, and once she graduates, she’s going to go on to Millikin. And I hope, and some day will be a part of this process and will be a great contributor to good things in Illinois. Ladies and Gentlemen, please welcome Kayla to the Illinois State Senate.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please welcome the young lady to the Illinois General Assembly. Moving on to House Bill 4815. Senator Wilhelmi. Out of the record. House Bill 4825. Senator Delgado, on House Bill 4825. He indicates he wish to proceed. Madam Secretary, please -- Mr. Secretary, excuse me, please read the bill.
House Bill 4825. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Delgado. 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you, Madam President and Members of the Senate. House Bill 4825 amends the Juvenile Court Act to clarify existing law. First, HB4825 provides that a court-ordered service plan, to achieve a permanency goal, must only include service tasks reasonably related to correcting the conditions that led to the removal of the child from the home or that the court has found must be remedied prior to returning the child home, so as to avoid another finding of abuse or neglect. Second, the bill makes a technical change to clarify a condition regarding the status of the minor upon which a motion to reinstate parental rights may be filed. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 4825 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 4825, having received the required constitutional majority, is declared passed. House Bill 4879. Senator Wilhelmi. He indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 4879. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi. 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 4879 would allow school districts to submit for transportation reimbursement claims for early education students if those students are transported at the same time as K through 12 students. I want to make sure that the Body knows that ISBE does estimate this would increase the amount necessary to fully fund the transportation reimbursement line by about five million dollars. However, as we discussed in committee, the bill could produce a net reduction in costs to school districts. Right now, school districts are -- are dipping into the early childhood block grant for transportation purposes. And we’re talking about common sense. If a school bus is going out and picking up a fifth grader and an eleventh grader and there’s also a -- a three-year-old on that block, or even in that home, that student can be picked up by that bus, but there will be no reimbursement to the school district for bringing that student to school. We want to encourage students to attend preschool. We want to encourage school districts to use common sense and make sure that as they are picking up these students that there is no penalty if they pick up a child who is three or four years old and going to preschool. This is a bill I worked on very closely with Representative Roger Eddy. Many of you, especially in the Education Committee, gave great input and insight into this bill. I have a feeling there are a number of questions. I’ll be happy to answer those, and at the end of this discussion, I hope that you’ll vote Yes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Your feeling is correct. Senator 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Cronin, for what purpose do you rise?
To the bill, if I may.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
And maybe a question of the sponsor as well. I supported the bill in committee and I have an enormous amount of respect for the sponsor and I intend to support it here as well. I do, however, want to -- or feel compelled to offer a few remarks and -- and maybe just a discussion about the intent and the purpose of this legislation. Number one, it appears to me, Senator Wilhelmi, that you have a fine piece of legislation in terms of the goal to accomplish some financial cost savings, no doubt about it. But thinking about parents of three- and four-year- old children who may be a little nervous about putting their child on a bus with fourteen-, fifteen-, sixteen-year-old kids, what is your thought or your intent in terms of the local school districts and what they should be doing to develop policies to address this concern?
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor did indicate he will yield. Senator Wilhelmi.
Thank you, Madam President. Senator Cronin, I’m -- appreciate this line of questioning. As a father of a four- year-old who does attend preschool, does not take a bus, I certainly would have concerns that my daughter - my four-year- old - would be riding a bus with thirteen-, fourteen-, fifteen- year-olds. I think it’s important that the Body understands 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 that that dynamic is in place right now today. In fact, there are probably a number of buses throughout the State of Illinois where a fifteen-year-old, a twelve-year-old, a nine-year-old and a three- or four-year-old are riding a bus to school. I am absolutely concerned, though, that we should be looking at this from the perspective of the school districts and of the leaders of our local school districts and trying to craft policy and protocol that would, in some way, make sure that the three- and four-year-olds are riding the bus in a certain area and that the older kids are in a separate area on the bus. And I’d be happy to work with you, Senator Cronin. Obviously, you’re a leader in education in the State of Illinois, and together with Senator Lightford and others, Senator Meeks, we can make sure that this policy and this protocol is effectively communicated to school districts throughout the State of Illinois.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Burzynski, for what purpose do you rise?
Thank you, Madam President. To the bill: You know, the -- the Senator is trying to save his local school district’s funds. And, obviously, school districts that can -- that participate in the -- in the early childhood program will be able to receive some additional State dollars. But it is at a cost of -- of someplace close to five million, 4.3 million, whatever -- whatever the cost might be, to the rest of us. But at a time - it -- it just strikes me as very interesting - at a time when our school districts are clamoring because we are not paying for mandated programs, now we’re going to pay for transportation costs for a non-mandated program - something that the school 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 district is choosing of its own to do, yet we’re going to pick up the cost while we’ve got a lot of things that this Body has mandated that we do and we refuse to pay for them. I urge a No vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Righter.
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will yield. Senator Righter.
Senator Wilhelmi, I’m -- I’m curious about something you said a little bit earlier - a couple things. At the outset of your comments, you said that this would help encourage school districts to send one bus rather than two. Is that -- did I misunderstand you when you said that?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi.
My understanding, Senator, is that there are two situations that we’re addressing. The first situation is where one school bus is going out and picking up eligible students as well as ineligible students for transportation reimbursement purposes - in other words, a twelve-year-old and a four-year-old. There’s another situation that I’ve been advised of where -- because there are these concerns with regard to preschool students, that actually two buses might go out. One would go and pick up eligible students and another would -- would pick up ineligible 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 students. So I think there are two situations, to your point, where you have a -- one bus go out and pick up all students and then another situation where you have two separate buses picking up these two separate groups of students.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Where is the savings then, Senator, here? Or is this just simply we’re going to open up a new category of reimbursement to the school districts?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi.
Again, Senator, my understanding is that, right now, there’s a formula for transportation reimbursement, and that formula goes like this: If the school bus picks up twenty students and fifteen of them are eligible - in other words, fifteen of them are K through twelve - and five of them are three or four and they’re preschool, then the ratio that the school district reports back is seventy-five percent and the reimbursement that is paid is seventy-five percent. If this bill passes and becomes law, the school district will report that it’s a hundred-percent eligible population on the school bus. And what we’ll see is that school districts will not be using the early childhood block grant for transportation purposes. So at the end of the day - as Representative Roger Eddy mentioned in committee - at the end of the day -- and I was upfront that there is a cost to this, but that we’re seeking to find some savings where school districts are not going to be 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 using the early childhood block grant for transportation purposes, rather this will be a hundred percent reimbursable based on the formula discussion and -- and comments I just made.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Seeing none, Senator Wilhelmi, to close.
Thank you, Madam President. Couple comments made that I want to address briefly. We are trying to ensure that as many three- and four-year-olds are attending preschool in the State of Illinois. And this is not a Will County issue. This is not a Cook County issue. This is not a downstate versus up -- this is throughout the State of Illinois. There are three- and four- year-olds who are getting on a bus and going to preschool today and throughout the school year, and that’s a good thing. And we want to make sure that school districts are reimbursed for picking up those kids and taking them to preschool. At the end of the day, while there is a -- a cost that I mentioned earlier, we’re hoping to find a savings so that these school districts are not using the early childhood block grant, which was not intended for transportation. That was intended to make sure that we have the programs and the services to allow three- and four-year-olds to get that critical education at that very early age. So I ask for your support. Think it’s a very important measure.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 4879 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 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 who wish? Take the record. On that question, there are 45 voting Yea, 11 voting Nay, 0 voting Present. House Bill 4879, having received the required constitutional majority, is declared passed. President Cullerton, on House Bill 4927. Out of the record. Senator Delgado, on House Bill 4928. Out of the record. President Cullerton, on House Bill 4933. Out of the record. President Cullerton, on House Bill 4934. Out of the record. Senator Steans, on House Bill 4966. She indicates she wish to proceed. Mr. Secretary, please read the bill.
House Bill 4966. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.
Thank you, Madam President, Members of the Senate. This bill simply adds categories for the license plates to St. Jude’s Children Research Hospital and also one for the Soil and Water Conservation District. So it adds license plate categories for those two organizations.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Rutherford, are you -- are you wishing to speak on this bill, Senator?
You -- you bet I am.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rutherford, for what purpose do you rise?
64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Thank you, Madam President. Does the sponsor have any idea what each of these specialty plates would cost?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates she will yield. Senator Steans.
Thank you. Yes. The special plates shall be charged a dollar to forty -- charged a fee of forty dollars at original issuance and twenty-seven at renewal.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rutherford.
I -- I would just make an -- an observation, if I may. And -- and, Senator Steans, please feel free to refute this if -- if this is inaccurate. But my understanding from the Secretary of State’s Office, that it costs approximately fifty thousand dollars every time we create a new specialty license plate. That’s the fiscal note from the Secretary of State’s Office. And we’ve had this discussion on this Floor for a number of years, but many of you may have seen this brochure. This is what the Secretary of State has published to send out to law enforcement officials. So when they’re sitting in their car and if they have had to pull someone over to have a question or sensitivity about who and what is behind the wheel of a car that has a specialty plate, law enforcement today has to get this brochure out, Senator Steans, and go through it to determine which specialty plate it is. At that time, they radio this into dispatch. They have to give dispatch a two-alpha code. If for some reason the two-alpha code is in error - and I will be candid with you, I have gone to -- in fact, Senator Koehler, it 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 was the Peoria dispatch center that I went to, to have them show me how they have to go through this series for specialty license plates - if that two-alpha code is one alpha off, they could well have now identified someone in error on that plate. This occurred, as you may recall, in the State of Florida, where an Illinois couple was down there. The Illinois -- or the -- the Florida law enforcement radioed in and was in error on the type of specialty plate, ‘cause they didn’t have this four-color brochure as to their benefit. And the officers approached the vehicle with their weapons drawn because the plate came up as having been a stolen car. It was not the case. I understand the good intent of these specialty plates, Senator Steans, and for all those good reasons, in 1995 the Illinois statute was amended and signed into law to create a universal charitable plate. That law exists on the books today. Every one of these charitable entities, if they cared to have pursued this, if the Secretary of State’s Office would promulgate the rules to put this into place, every specialty plate that we have in your bill and every specialty plate that we’ve had introduced through all of these years could happen. That is not the case. And for that reason, once again, Madam President, I stand in opposition to this bill and any specialty plate. Number one, the cost to create it at minimum is fifty thousand dollars. Number two, it adds congestion, confusion and concern for law enforcement. And number three, an alternative is available. I stand in opposition to this bill, with due respect to the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, Senator Steans, to close. 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Yes, I do understand the concern and look forward to the day those rules are promulgated. But I would encourage an Aye vote on this bill. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 4966 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 voting Yea, 8 voting Nay, 0 voting Present. House Bill 4966, having received the required constitutional majority, is declared passed. Senator Luechtefeld, on House Bill 4973. Senator Luechtefeld indicates he seeks leave of the Body to return House Bill 4973 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 4973. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 3, offered by Senator Luechtefeld.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Luechtefeld, to explain Floor Amendment No. 3.
Thank you, Madam President, Members of the Senate. This is just a technical change. Would explain it when the bill is called for -- on 3rd Reading. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4973. Mr. Secretary, please read the bill.
House Bill 4973. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Luechtefeld.
Thank you, Madam President, Members of the Senate. Senate -- House Bill 4990 creates a new regional pilot project to implement next generation 9-1-1. It’s done basically to -- to test this… I’m sorry, ma’am -- Madam President. Out of the record, please.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Out of the record. House Bill 4973, out of the record. House Bill 4975. Senator Althoff, on House Bill 4975. Out of the record. President Cullerton, on House Bill 4976. Out of the record. Senator Koehler, on House Bill 4984. He indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 4984. (Secretary reads title of bill) 3rd Reading of the bill. 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Thank you, Madam President, Members of the Senate. As amended, House Bill 4984 establishes a period from July 1st, 2010 through June 30th, 2012, in which the bill would allow private -- business and vocational schools that have nationally accredited -- are nationally accredited by U.S. Department of Education certified accrediting agencies to submit evidence of accreditation in lieu of meeting their other State requirements. The ISBE must then approve or deny applications for nationally accredited schools within thirty days or they would automatically be approved. This is a -- a bill that was worked out with the Board of Higher Education. It is a agreed -- agreed-upon bill at this point and I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 4984 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 4984, having received the required constitutional majority, is declared passed. On the top of page 36, House Bills 3rd Reading. President Cullerton, on House Bill 4985. Out of the record. President -- Senator Luechtefeld, perhaps this is the bill you were anxiously waiting for. House Bill 4990. He indicates -- he seeks leave of the Body to return House Bill 4990 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 4990. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Luechtefeld.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Luechtefeld, to explain your amendment.
Thank you. We’ll hopefully get this right this time. I’ll explain the amendment on the -- on the bill. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4990. Mr. Secretary, please read the gentleman’s bill.
House Bill 4990. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Luechtefeld.
Thank you, again, Madam President, Members of the Senate. This -- House Bill 4990 creates a new Regional Pilot Project to implement next generation 9-1-1. It will be implemented in the 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 bottom eighteen counties. One of the reasons for that is -- is it is very highly a rural area. And this does not include any State funds. This will let them access federal grants to do this study. I don’t think there’s any opposition to the bill. Would be glad to answer any other questions that you might have.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 4990 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 4990, having received the required constitutional majority, is declared passed. Senator Link, on House Bill 5007. He indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 5007. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Thank you, Madam Chairman -- President. This creates the Department of Juvenile Justice Morality Review {sic} (Mortality Review Team) Act, which establishes a review of -- process so that the Department can, one, make a accurate and complete determination of a cause of death of a youth that dies while in the Department’s custody and, two, receives and implement -- it received and implements recommendations to prevent future 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 deaths. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5007 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5007, having received the required constitutional majority, is declared passed. Senator Sullivan, for what purpose do you rise?
Thank you, Madam President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.
Ladies and Gentlemen, I have a -- another guest with me today. And as you can see from the crown on her head, she is a queen. I’d like to introduce Kelsey Reed. She is Miss Macomb 2010 - 2010. She’s a twenty-one-year-old senior at WIU in Macomb, majoring in communications with a minor in dance. She’s actually from Quincy, Illinois, which is in my district. She’s the fifty-first Miss Macomb. She was escorted here to Springfield by Bob and Nancy Foote. They are up in the gallery up here. They have been strong supporters of the Miss Macomb pageant for many, many years. And her platform this -- Kelsey’s platform for her event was “Heart Health and Disease Prevention for Every Generation”. I’d like everybody to welcome Miss Macomb, Kelsey Reed, to the Illinois State Senate.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Please welcome Miss Macomb to the Illinois General Assembly. Congratulations. Continuing on the Order of House Bills 3rd Reading. Senator Steans, on House Bill 5018. Out of the record. Senator Wilhelmi, on the Order of 3rd Reading, House Bill 5055. Senator Wilhelmi seeks leave of the Body to return House Bill 5055 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5055. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi, on Amendment No. 1, please.
Okay. Thank you, Madam President. Floor Amendment No. 1 is a technical amendment and I ask for its adoption.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 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?
Yes. Floor Amendment No. 2, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi, to explain Floor Amendment No. 2.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill is related to foreclosure judgments and -- and who can conduct a sale. This amendment provides that the 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 order confirming judicial sale of a foreclosed property must be sent to the last-known property insurer of the foreclosed property and it also makes changes to the notice provision in current law. I’ll be happy to discuss it further on 3rd Reading.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, all those in favor will vote -- will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5055. Mr. Secretary, please read the bill.
House Bill 5055. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi.
Thank you, Madam President. House Bill 5055, as amended, would amend the Illinois -- Mortgage Foreclosure Law in Sections dealing with the person who shall conduct the judicial sale of a foreclosed property. The bill provides that in the absence of an appointment made pursuant to a motion designating an official or other person who shall be the officer to conduct the sale, then the person conducting the -- the sale shall be designated 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 by the plaintiff, which is typically the mortgagee. This person shall be, one, any person appointed to conduct a sale under a certain Section of the -- of the Act prior to the effective date of the bill; two, any judge; or three, the sheriff of the county in which the real estate is located. The bill also provides that the order confirming judicial sale of a foreclosed property must be sent to the last-known property insurer of the foreclosed property. This notice is to be sent via first class mail, postage prepaid. Failure to send or receive a copy of the order shall not impair the rights of the mortgagee or purchaser or affect the status of the foreclosure proceedings. And finally, the amendment also makes changes to the notice provision in current law which requires notice of the foreclosure and the confirmation of sale to be sent to the municipality in which the foreclosed home is located. The amendment clarifies that in the event the municipality does not publish an address where this notice or order should be sent, then the notice shall be sent via first class mail to the chair -- chairperson of the county board or the county clerk, to the mayor or the city clerk, to the president of the board of trustees or the village clerk, or to the town supervisor or town clerk. I ask for your support.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5055 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 0 voting Nay, 2 voting Present. House Bill 5055, having received the required constitutional majority, is 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 declared passed. Senator Haine, on House Bill -- 5060. He indicates he wish to proceed. He seeks leave of the Body to return House Bill 5060 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5060. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Thank you, Madam President and Ladies and Gentlemen of the Senate. This Floor amendment relates to keeping confidential certain materials that refer to the victims of crimes, the -- the victims of those who are before the Prisoner Review Board.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5060. Senator Haine. I apologize. Mr. Secretary, please read the bill.
House Bill 5060. (Secretary reads title of bill) 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Thank you, Madam President and Ladies and Gentlemen of the Senate. This House bill refers to procedures and powers of the Prisoner Review Board. And these two amendments here in the Senate reflect a compromise between the Prisoner Review Board, because the underlying bill seeks to expand their role and authority to gather evidence, and it’s a -- an agreement with the State’s attorneys of Illinois who seek to preserve the integrity of the criminal justice process by avoiding the re- litigation of offenses already settled in our courts. The language in these two amendments permits the Prisoner Review Board to subpoena electronic video and similar items to fulfill their role as fact-finders in Department of Corrections’ disciplinary and parole mandatory supervised release revocation cases, but maintains their restricted access for hearings where they serve as a more appellate review. This is the Prisoner Review Board. They -- and these were specifically clemency and indeterminate sentencing release determinations, so-called Class C prisoners and others. It is my intent, legislative intent, that the Board is required to assure a continuous chain of custody for evidence subpoenaed, even in the areas where their authority is expanded, to assure that the State’s attorneys are not prohibited from pursuing a violation handled -- in their jurisdictions as an independent criminal offense because of an evidentiary bar. We don’t want that to be a bar. There is nothing in this bill which is intended to expand the use of 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 subpoenaed evidence for the development of additional evidence through testing or other analysis.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5060 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5060, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to House Bill 5065. Senator Harmon, on House Bill 5076. He indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 5076. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 5076 amends the Illinois Health Statistics Act to ensure that the Department of Public Health can continue to share certain public health data, subject to strict confidentiality requirements, with academic researchers. I’m not aware of any opposition to the bill and I ask for your support.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Syverson, for what 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 purpose do you rise?
Thank you, Madam President. I guess a question for the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates he’ll yield, Senator. Senator Syverson.
Senator -- thank you. Senator, I -- I support this legislation. I mean, there has been similar projects that have been done in the past similar to this. And the concerns raised about confidentiality of individuals’ names have all been addressed in this or in that practice. Is that correct?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. Yes, Senator. If -- if you -- if you read the bill, it -- it sets up the strict criteria for institutional research boards to -- to -- ensure that the minimal amount of data is shared to conduct the study. This sort of data sharing is already permitted in other Acts. So this just clarifies the baseline.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Burzynski, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates he will. Senator Burzynski. 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you. Senator, one of the concerns I’ve heard about the bill is that an individual’s social security number could be made a part of this or could be provided to an entity. Is that correct?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. Senator, let me -- let me answer that with a little bit of context. The -- the public health data that could be shared could contain unique identifying indicators. And -- and the reason is primarily so that they can do data matching. For instance, there’s one database of -- of Illinois residents who have been diagnosed with cancer. There is another database with a list of Illinois residents who have been exposed to a certain toxin. In order to match those records, they -- they may need some unique identifiers so that the -- the data syncs. The -- what the IRBs would do is make sure that the minimal amount of data is released. It might be last name and last four digits of the social security number. It might be more. But, again, it’s all subject to strict confidentiality requirements and it’s limited in scope to that sort of a data match.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Burzynski.
Thank you for -- for your response, Senator. But then could my information be released along with my social security number without my approval? 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
If it’s -- if it is within the confidentiality parameters set forth by the IRB, it -- it could be. It would likely -- first of all, it would go to an academic research institution, subject to the confidentiality agreements used for the data match, and only the minimal amount of information that is needed to do that would be released.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Burzynski.
Thank you. So then I take that to mean that, yes, it could be released.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Yes, it could be released, most likely as a population level study.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Bivins, for what purpose do you rise?
Thank you -- thank you, Madam President. To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
I know, Senator, you -- you weren’t able to be in committee that day, but I did ask the Department of Health some questions 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 about this bill that concerned me. And that was some of the questions that have already been asked about social security numbers and DNA, if this would be the information that would be gathered, and they answered in the affirmative. The other question I had for them was, was this with or without consent of the individuals that they’re studying? And they said “both”. So there are individuals that are not giving their consent that this information can be used, and that is of great concern to me that DNA or -- or any private information would be used without the consent of the individual. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon. Is there any further discussion? Seeing none, Senator Harmon, to close.
Thank you, Madam President. I thank you for the concerns that have been raised. I do want to just emphasize, this material -- this data is being shared for research purposes only, subject to very rigorous confidentiality requirements. It is already permitted in many cases by other State laws. It is already permitted in other states. We are not breaking new ground. We’re simply clarifying the law so that important public health research can continue. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5076 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 45 voting Yea, 13 voting Nay, 0 voting Present. House Bill 5076, having received the required constitutional majority, is 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 declared passed. With leave of the Body, we will return to House Bill 5080. Senator Schoenberg. I’m sorry. Excuse me. Senator Koehler, on House Bill 5085. Out of the record. Senator Harmon, on House Bill 5132. Senator Harmon seeks leave of the Body to return House Bill 5132 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5132. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Madam President. Floor Amendment No. 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon, to explain Amendment No. 2, please.
Thank you, Madam President, Ladies and Gentlemen of the Senate. The amendment becomes the bill and represents an agreement among all the stakeholders. I move for its adoption.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5132. Mr. Secretary, please read the bill.
House Bill 5132. 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 5132 is an initiative of the Guardianship and Advocacy Commission. The Commission identified a gap in the way we treat and tend to people with disabilities who have been abused or neglected. The gap that we are closing here relates to those who are eighteen to twenty-one years old. Below eighteen, these matters are handled by the Department of Children and Family Services. Above -- at twenty-two and above, they are handled by the Department of Human Services, but there is a gap in between. And there are two contexts. One is those young adults between eighteen and twenty-one living in DCFS- licensed facilities. Pursuant to this bill, DCFS will investigate those allegations. And I applaud the Department for stepping up and ensuring that that gap does not exist on their licensed facilities. For those young adults living at home or in the community, we have streamlined the process of reporting so that the Department of Human Services’ Office of Inspector General will field the -- the calls that come through DCFS and ensure that law enforcement or -- or other investigators are dispatched appropriately. So I really -- I’m grateful to all the stakeholders, especially DCFS and DHS, for stepping up to take this responsibility. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 shall House Bill 5132 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5132, having received the required constitutional majority, is declared passed. Senator Cronin, on House Bill 5147. He indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 5147. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cronin.
Thank you very much, Madam President, Ladies and Gentlemen of the Senate. This is an initiative of the City of Naperville - not “Naperthrill” - Naperville and Packer Engineering. The proponents seek to foster gasification of vegetative material and landscape waste to produce fuels, namely ethanol, or power, which is synthetic natural gas replacement. It’s an agreed bill between the Illinois EPA, City of Naperville, Packer Engineering, IEPA, Environmental Law and Policy Center. Everybody likes it. I know of no opposition. I ask for your favorable consideration. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5147 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5147, having received the required constitutional majority, is declared passed. House Bill 5150. Senator Righter. He indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 5150. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Thank you, Madam President, Ladies and Gentlemen of the Chamber. House Bill -- 5150, excuse me, amends the Unified Code of Corrections. Would simply mandate the issuance of a warrant and notice to the parole board if someone who is on supervised release commits the -- one of the offenses of -- of first degree murder, a Class 1, Class 2 or Class 3 felony. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5150 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5150, having received the required constitutional majority, is declared passed. On the top of page 36 -- moving to the top of page 36 -- I’m sorry, 37, 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 with House Bill 5178. President Cullerton. Out of the record. Senator Koehler, on House Bill 5183. Senator Koehler seeks leave of the Body to return House Bill 5183 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5183. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler, to explain Floor Amendment No. 2.
Thank you, Madam President, Members of the Senate. Floor Amendment No. 2 is a compromise between the fire -- Chicago Firefighters Union and the Department of Public Health. What it does is it helps to protect some of the process of the collective bargaining system and it makes it an agreed-upon bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5183. Mr. Secretary, please read the bill.
House Bill 5183. 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Thank you, Madam President, Members of the Senate. As amended, House Bill 5183 is a recommendation of the Department of Public Health. It amends the Emergency Medical Services System {sic} (Systems) Act and provides for licensing changes and addresses Emergency Medical Technicians license misconduct and adds “critical care transport” and the -- “reserve ambulances” as a definition under the Act.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Syverson, for what purpose do you rise?
Thank you, Madam President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will yield. Senator Syverson.
Thank you, Senator. We had some of these discussions in committee. One of the -- I guess the first concern is, are these new fees subject to being swept by the Governor?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Yes. As you know, Senator - thank you for your question - we were not able to get an amendment that protected this from that. But I’ve been assured by the Department that the actual 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 balance of this fund will be very low. The intent here of this legislation is to not have the fees taken - that currently exist - not to have them taken out of the State Fire Protection Fund and instead create a separate fund for this. But I’ve been assured that these -- the balance in this will be very low and it’ll be a -- basically an in-and-out kind of a fund.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Syverson.
Thank you. And, of course, the concern was raised that this fund was, in fact, swept this year by the Governor. So there’s a -- a pattern of that fund being swept. And I understand that the Department may not like that, nor you, but that’s obviously a -- a real concern because of the history that’s there. Next, to the -- the bill itself: The new fees that are -- are listed in here, are those fees that the -- that the ambulance companies and all the players that are involved in this have agreed to?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Yes. It’s my understanding that they have agreed to this.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Syverson.
Again, there’s no -- and there’s no opposition to this, the language of the new -- of this new bill, including the -- the fee schedule. Because it broadens some of the licensure rules, they felt that those fees were needed to implement that. And 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 since all the parties have agreed to that, the only real concern I have is the issue of sweeps. And I appreciate that -- at least your attempt to get that amended onto the bill. And all we can do is, I -- I guess, hope that the Department will live up to its word and keep those fees used as it was intended to do. So I appreciate your working with us on this -- on this piece of legislation.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Madam President?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will, Senator. Senator Righter.
Senator Koehler, I took a look on my laptop at the status of the bill and I notice that there is an Amendment 3, which the Committee on Assignments actually sent out to the Public Health Committee, and so then when I went onto our system and read Amendment 3, that’s the amendment that would prevent the sweeps that Senator Syverson was expressing concern about. Did you call Amendment 3 for a vote and ask it be put on the Senate Floor so it could be attached to the bill so we could protect the fund from the sweeps?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Yes, thank you for your question. When I first presented this bill to the committee, this question on the sweeps was 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 raised and I said that I, too, shared that concern and would be happy -- since there was an amendment filed by -- by Senator Syverson, that I would be happy to -- to bring that back as part of my amendment. The House sponsor, Representative Moffitt, called me right after that and said that kills the bill in the House and he pleaded with -- with us not to do that. And so, that’s the information we brought back forward. I share Senator Syverson’s concern on this and your concern as well. But I think that this bill is a very important bill in what it -- what it does that -- that we need to have this passed as a piece of legislation. So that’s the explanation on it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Thank you, Madam President. Senator Koehler, did Representative Moffitt report to you who told him in the House of Representatives that if an amendment came back over saying that this money actually has to be used for what we’re telling people it’s going to be used for that it would be dead? Who gave him that direction, do you know?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
I -- I do not know. I talked with Representative Moffitt myself directly on that, but I don’t know where that came from.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
To the bill, if I might, Madam President. Ladies and 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Gentlemen, we all know where that direction came from. Once again, the Speaker is demonstrating that he runs not one Chamber in this General Assembly, but two. That’s exactly what’s happening here. The sponsor got a message from the House that if he sent the bill back over with an amendment on it, it would be dead in the House. I agree with Senator Koehler that it’s an important bill, but it’s an important bill for someone in the other Chamber for a different reason. The only reason to object to putting language on this preventing sweeps is so you can sweep it. That’s exactly what we’re doing here. So we’re going to send the message back to these transport providers, you’re going to pay more money and then -- and then someone’s going to take it and spend it on something else. When are you going to say, “Mr. Speaker, no offense, but you don’t run the Senate? Someone else does.” When are you going to say that? Let’s say it now. Let’s say it now. Let’s help Senator Koehler send a message back to the House that the Senate runs the Senate. The Speaker doesn’t run the Senate. Let’s send that message now. Vote No on House Bill 5183. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Hendon, for what purpose do you rise?
Thank -- thank you, Madam President. I just want to respond to Senator Righter, who is -- you know, just has his days I guess, when it’s like he just can’t control himself. President John Cullerton runs the Illinois Senate. Get it straight. Don’t get it twisted. If you don’t know, you better ask somebody. John Cullerton runs the Senate. Thank you very 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 much.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you for clarifying that, Senator. Senator Haine. Senator Kotowski, for what purpose do you rise?
Just a point of clarification. I was -- I don’t know, I’m kind of confused right now. Rickey Hendon doesn’t run the Senate? No. It’s Cullerton, right?
PRESIDING OFFICER: (SENATOR LIGHTFORD) From my understanding, President John Cullerton is the President of the Senate, in total control here. And, Senator Koehler, to close.
Thank you, Madam President. I think I’ve lost control, but I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Well, I’m in control up here. So the question is, shall House Bill 5183 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 43 voting Yea, 15 voting Nay, 0 voting Present. House Bill 5183, having received the required constitutional majority, is declared passed. Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: …you -- thank you, Madam President. For personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Personal privilege? Go right ahead, Senator. 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 SENATOR MUÑOZ: Thank you, Madam President. Ladies and Gentlemen of the Senate, I have here with me Meghan Davis, who is also with her class. Her teacher is Miss Pagel. They’re here with her classmates today. If we can give them a warm welcome. And they’re also from President Cullerton’s district. If they can please rise. They’re on the Republican side.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Our guests in the gallery please rise and be welcomed to the Illinois General Assembly. And your Senator does run the Senate. Moving on to House Bill 5190. Senator Dillard. He indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 5190. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dillard.
Thank you, Madam President. Speaking of speakers, this bill deals with speech. It fixes a continuing education hour requirement for speech-language pathologists that were actually -- accidentally changed in previous legislation. It’s supported by the Department, as well as the Illinois Pathology Association. I know of no opposition. The Speaker of the House hasn’t weighed in, other than he voted for the bill. And I’d appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Is there any discussion? Seeing none, the question is, shall House Bill 5190 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5190, having received the required constitutional majority, is declared passed. Senator Hunter, for an introduction.
Good morning, my fellow colleagues. Oh, that’s right, it’s after twelve. I’m sorry. Good afternoon. I take great pleasure in introducing to you a group of fine young men who attend the Urban Prep Charter Academy for Young Men, which is located in Representative Golar and my district. Urban Prep is the -- is the -- the country’s first public charter high school. Also, Urban Prep has recently made national history when one hundred percent of its first graduating class - and this is the first graduating class - was accepted to a four-year college or university. Thank you. Urban Prep opens -- opened its first campus in -- in the Englewood community in 2006 and has since opened up two more campuses in East Garfield Park and the South Shore communities of Chicago. They continue in its mission to provide a comprehensive, high-quality college preparatory education to young men that results in their graduates succeeding in college. Their mascot is a lion. Each student, upon entering Urban Prep, is assigned to a Pride, which is a small group of students who work and grow together with the guidance of a teacher throughout all four years of school. And they have programs and services, such as technology, uniforms 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 and discipline, family and community involvement, post-graduate support, summer programs, personal and college counseling, and positive male role models. So, without further ado, I’d like to introduce to you some of -- these are not all the graduates in this class. We had to leave about fifty of them behind because they were testing, and of course we cannot pull them out of school. However, these fine young men were able to travel to Springfield. And I also would like to introduce to you their leader, their Executive Director, Mr. Tim King.
(Remarks by Urban Prep Executive Director Tim King)
(Remarks by Urban Prep Student Krishaun Branch)
I thank you very much. This is what happens when we work with young people, when -- when there is a vision, when -- when there’s leadership, and resources are thrown behind a vision. Thank you very much.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Whew, that was simply awesome. It’s taking me a little time to gather myself here. What a beautiful sight. Senator Hendon, for what purpose do you rise?
Thank -- thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.
Madam President, I thought this would be a good time, with 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 the young men from Urban Prep leaving, to point out something to this Body that recently happened. And it’s just a perfect opportunity, because we get a chance to see what happens when we spend our money on our children in our country versus spending money in foreign countries with these foreign wars. These young men from Urban Prep have great challenges out here in the community, because right now the biggest drawback, the biggest reason for the unemployment, the biggest reason for the violence in our community, is this overflow of drugs that is all over America, coming from Afghanistan and Pakistan and these countries where we’re going -- sending our youth, like these young men from Urban Prep, to sacrifice their lives for people who could -- care nothing about us. On page 6 of the Sun-Times, it has where three young people died of overdoses in the South Loop. Another was hospitalized from these drugs that are coming from Afghanistan killing our people. When we spend our money in America and not on these foreign countries and these foreign wars, we get students like those at Urban Prep. On channel -- page 3 of the Sun-Times and all over the news last night, we discovered that the bomber in New York, which just by the grace of God wasn’t downtown Chicago, tried to jump on an airplane to fly back to Pakistan where he’s from, another country where we’re over there fighting and dying and sacrificing our youth to protect and defend. So I thought this would be a good moment to just get up real quick and say that it is time for us to send a message to our President to get us out of Afghanistan, to get this cheap heroin off the streets of the City of Chicago, off the west side and the south side where the Urban Preps are. It’s time for us to stand up - yes, even to my colleague who sat 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 right here, a fellow Democrat, a fellow African-American - to say that all we’re getting for our great sacrifice in Afghanistan and in Pakistan is death and destruction and violence throughout our communities. We need more Urban Preps. We need to spend American money in this country and not over there where they don’t give a “you know what” about our people.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen of the Senate, we will proceed with House Bills 3rd Reading on page 37, with House Bill 5191. Senator Burzynski seeks leave of the Body to return House Bill 5191 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5191. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Burzynski.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Burzynski, to explain your amendment, please.
Thank you, Madam President. Floor Amendment 2 becomes the -- the bill. Requires an agency promulgating rules that have an effect on small businesses to prepare economic impact statements prior to the promulgation of such rules. Be more than happy to discuss the bill now or on 3rd Readings.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5191. Senator Burzynski. Mr. President -- Mr. Secretary, please read the gentleman’s bill.
House Bill 5191. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Burzynski.
Thank you, Madam President. This amends the Illinois Administrative Procedures {sic} (Procedure) Act. Provides that prior to the filing of any proposed rule or amendment that may have an adverse impact on small businesses, each agency must prepare an economic impact analysis that includes identification and estimate of the number of small businesses subject to the proposed rule; the projected reported -- reporting, recordkeeping, and other administrative costs; a statement of the probable effect on impacted small business; and a description of any less intrusive or costly alternative methods of achieving the proposed rule or amendment. I know of no opposition and would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5191 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5191, having received the required constitutional majority, is declared passed. House Bill 5193. Senator Sullivan. Senator Sullivan seeks leave of the Body to return House Bill 5193 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5193. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan, to explain your amendment.
Thank you, Madam President. The amendment adds Ducks -- a specialty plate for Ducks Unlimited.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5193. Mr. Secretary, please read the bill.
House Bill 5193. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senator Sullivan.
Thank you, Madam President, Members of the Senate. With the amendment that was just added, the legislation now creates two specialty plates. The first one creates the 4-H license plate and also a 4-H Fund. And the -- the additional money -- the forty-dollar additional feed for the -- fee for the license plate goes into the Illinois 4-H Foundation for the funding of 4-H programs in Illinois. The second, which was the amendment that we just adopted, creates the Ducks Unlimited Fund and the specialty -- as a special fund and provides for the issuance of Ducks Unlimited license plates. Again, an additional forty- dollar fee that will be used for -- to -- to be paid as grants to fund wetlands protection, enhancement, and restoration projects in the State of Illinois. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Silverstein, for what purpose do you rise?
Question for the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he’ll yield. Senator Silverstein.
I see this is for ducks. Is this for the hockey team or is this for regular ducks?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan.
101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 This is for all ducks.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Great answer. The question is, shall House Bill 5193 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 46 voting Yea, 3 voting Nay, 0 voting Present. House Bill 5193, having received the required constitutional majority, is declared passed. Kevin Lee, Illinois Statehouse News, requests permission to videotape proceedings. Leave is granted. Senator -- Senator Murphy, for what purpose do you rise?
Point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.
I just ask that the record reflect my intention to vote Yes on House Bill 5193.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The record will surely reflect, Senator. Senator Clayborne, on House Bill 5204. He indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 5204. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.
102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Thank you, Madam President. House Bill 5204 allows the Department of Healthcare and Family Services’ Inspector General to issue shields or other distinctive identification for employees not exercising powers of a peace officer, but allows them to be able to identify themselves to carry out their responsibilities.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5204 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 2 voting Nay, 0 voting Present. House Bill 5204, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is House Bill 5217. Senator Haine. Senator Haine seeks leave of the Body to return House Bill 5217 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5217. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine, explain your amendment, please.
Thank you, Madam President and Ladies and Gentlemen of the Senate. This is a amendment which reinserts the liability provisions that are in current law and it was offered by the Illinois Trial Lawyers. No opposition.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 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?
Yes. Floor Amendment No. 2, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine, on Floor Amendment No. 2.
Thank you, Madam President. This is the -- an initiative of the Life Insurance Council. It provides a discretion by the Director of Insurance in appointing members to this Guaranty Association.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5217. Mr. Secretary, please read the bill.
House Bill 5217. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine. 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you, Madam President. This is an initiative of the Department of Insurance, with the cooperation of the insurance industry, and addresses several consumer-oriented receivership issues, raising the caps on guaranty funds in the unfortunate case of a collapse of a -- an insurance carrier, which, fortunately, is very rare in Illinois. No opposition. We would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Syverson, for what purpose do you rise?
Thank you, Madam President. To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
Senator, I want to thank you for your leadership in putting this together. This is a -- a great consumer bill that I know took a while to get the amendments worked out. I appreciate you working with all the parties to -- to get this done.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Seeing none, the question -- I -- Senator Haine, did you want to close? We’re fine. Question is, shall House Bill 5217 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 1 voting Present. House Bill 5217, having received the required constitutional majority, is declared passed. House 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Bill 5230. Senator Murphy. He indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 5230. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Murphy.
Thank you, Madam President. House Bill 5230 passed unanimously out of the House. It amends the Corporate Accountability for Tax Expenditures Act. Basically what we’re trying to do here is reduce paperwork for job creators applying for tax credits. Be happy to answer any questions and request an Aye vote. It’s an agreed bill between DCEO and the Chamber. Aware of no opposition and appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5230 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5230, having received the required constitutional majority, is declared passed. Senator Dillard, on House Bill 5234. He indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 5234. (Secretary reads title of bill) 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dillard.
Thank you, Madam President. I am so glad you’re in the Chair, because this bill is identical to legislation that you successfully passed which was amendatorily vetoed for an unrelated provision and the amendatory veto was not acted upon. And what this bill does is it takes identical language we have for higher education, puts it into the School Code to protect elementary and secondary students from sexual harassment by administrators, teachers, or other employees. I know of no opposition. We’ve passed this before and I’d urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Good work, Senator Dillard. Is there any questions? Discussion? Seeing none, the question is, shall House Bill 5234 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5234, having received the required constitutional majority, is declared passed. Senator Dillard, on House Bill 5241. Out of the record. Senator Dillard, on House Bill 5242. Out of the record. President Cullerton, on House Bill 5255. Out of the record. Senator Dillard, on House Bill 5290. Senator Dillard seeks leave of the Body to return House Bill 5290 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5290. Mr. Secretary, 107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Dillard.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dillard, to explain your amendment, please.
Thank you, Madam President. This is just a technical amendment removing a two-day advance notice with respect to serving inmates at correctional institutions with subpoenas. And I’d move its adoption. It’s technical only.
PRESIDING OFFICER: (SENATOR LIGHTFORD) There any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5290. Mr. Secretary, please read the bill.
House Bill 5290. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dillard.
Thank you, Madam President and Members. This bill does two things. It makes a change with respect to service of process in 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 DuPage County in anticipation that the census will kick us into a category that might be a million or more people. So it makes a change in the population requirements in -- in a code with respect to service of process. And the other thing that it does, it also clarifies and make changes with how you serve an inmate in a correctional institution with a civil subpoena. And I know of no opposition and I’d urge a favorable vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5290 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5290, having received the required constitutional majority, is declared passed. Senator Risinger, on House Bill 5306. Out of the record. Moving to the top of page 38. House Bills 3rd Reading. Senator Sullivan. Senator Sullivan seeks leave of the Body to return House Bill 5331. Senator Sullivan indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 5331. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan.
Thank you, Madam President, Members of the Senate. And just to clarify, there is no amendment, right? It’s already been adopted. Very good. Thank you. This is an issue that -- 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 that many of us have been working on for several years, but it’s -- it’s dealing with an issue -- the issue of ground ambulance services. And, real briefly, what the legislation does is it requires that ground ambulance services be included in the State Medicaid plan and -- and requires adherence to the payment principles of Medicare. It also requires an increase in payment rates, subject to availability, based upon the Medicare index. It has other reforms in -- in it as well, with regard to mileage determination issues; also, a prudent layperson’s standard for determining -- determining an emergency; and payment for medically necessary emergency services by Medicaid managed care contractors. An amendment was adopted by the Department -- at the request of the Department to take care of some technical changes as well. And I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5331 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 2 voting Nay, 0 voting Present. House Bill 5331, having received the required constitutional majority, is declared passed. Senator Holmes, on House Bill 5340. Senator Holmes seeks leave of the Body to return House Bill 5340 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5340. Mr. Secretary, are there any Floor amendments approved for consideration?
110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Yes. Floor Amendment No. 1, offered by Senator Holmes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes, on your amendment, please.
Thank you so much, Madam President. Amendment 1 adds that student teachers in public schools, prior to engaging in any field work, must authorize and pay for the costs of a criminal history background check and checks of the Sex Offender Database and the Child Murderer and Violent Offender Against Youth Database. Results of the background check will be given to the superintendent of the school district where the student teacher is assigned, as well as the higher education institution where the student teacher is enrolled.
PRESIDING OFFICER: (SENATOR LIGHTFORD) There any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5340. Mr. Secretary, please read the bill.
House Bill 5340. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes. 111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you so much, Madam President. House Bill 5340 amends the School Code to provide that information concerning conviction records for applicants for employment with a school district obtained by the school board presidents or regional superintendents -- to required background checks may be transmitted to the State Police or the Statewide Sex Offender Database for clarification purposes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5340 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5340, having received the required constitutional majority, is declared passed. Senator Righter. Senator Righter, on House Bill 5350. Senator Righter seeks leave of the Body to return House Bill 5350 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5350. Mr. Secretary, are there any further -- any Floor amendments approved for consideration?
Yes. Floor Amendment No. 3, offered by Senator Righter.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter, to explain Floor Amendment No. 3.
Thank you, Madam President. Amendment 3 simply makes technical changes to the underlying bill. I would be happy to discuss that -- the content of that on 3rd Reading, if there is 112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 any discussion on that. It’s my understanding also there’s Amendment 2. Amendment 2.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Excuse me, Senator. 2 was already adopted, Senator. We’re just addressing Floor Amendment No. 3. Would you like to proceed?
Simply move its adoption. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. Senator Hunter, for discussion.
To the bill, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) We’re on the -- we’re on the order of the amendment. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Now on the Order of 3rd Reading of House Bill 5350, as adopted {sic} with Amendment No. 2 and 3. Senator Righter, do you indicate you wish to proceed? He certainly does. Mr. Secretary, please read the bill.
House Bill 5350. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senator Righter.
Thank you, Madam President, Ladies and Gentlemen of the Chamber. House Bill 5350, as amended, simply makes changes to Illinois’ current involuntary commitment standard. There was, some time ago, a Supreme Court case entitled Torski that ruled part of the standard that was changed in 2008 unconstitutional. This language cures that defect. It also makes other changes that were necessary and to help make sure that we had all of the advocates in the mental health community, Madam President, including the Mental Health Association of Illinois and NAMI on board. This language accomplishes that task. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter, for what purpose do you rise?
To the bill, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
I’d like to commend the sponsor, Senator Righter. When this bill first was presented to committee, there was all kinds of opposition to this bill. And with Senator Righter’s leadership, he was able to reverse all the opposition and pull pieces together to make it what it is today. So I’d like to commend you and I encourage all of my Members to vote for it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Any further discussion? Senator Hendon, for what purpose do you rise? 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you, Madam President. I rise to support Senator Righter and just to point out to him that you don’t always have to be against a bill because it’s from the other side of the aisle. And watch how we do it up here. We’re going to put a lot of votes on your bill. You should, you know, take this as an example and do it for us sometimes. Seems like some days in this Chamber, there’s not a single bill in which Senator Righter doesn’t ask a question. So I feel almost compelled to ask him a question, but I will refrain from that and I hope he learns from that and does the same sometime. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Jacobs.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates he’ll yield. Senator Jacobs.
Senator, have you any communications with Republican Leader Tom Cross on how he would like you to vote on this bill?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
I have not.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter, to close.
Thank you, Madam President. I simply want to rise and thank Senator Hendon for his strong support and urge an Aye 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 vote. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5350 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5350, having received the required constitutional majority, is declared passed. Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Fifty-nine, Senator Righter - 59. House Bill 5351. Senator Dillard. Senator Dillard. Out of the record. House Bill 5409. Senator Martinez. Out of the record. House Bill 5416. President Cullerton. Out of the record. House Bill 5429. Senator Noland. Mr. Secretary, read the bill.
House Bill 5429. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) The current Presiding Officer would appreciate succinct descriptions of your bill, succinct questions and answers. Senator Noland.
Thank you, Mr. President. House Bill 5429, as amended, creates the Homeowners’ Solar Rights Act to encourage development and use of solar energy. Happy to take any questions.
PRESIDING OFFICER: (SENATOR HENDON) 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Is there any discussion? Senator Righter.
Thank you, Mr. President. I simply rise in support of Senator Noland’s fine piece of legislation. It needed some adjustments and he was kind enough to listen to the comments that were made in committee and make those adjustments. Even though he is a Member of your side of the aisle, Senator -- Mr. President, I am more than happy to support him on this piece of legislation.
PRESIDING OFFICER: (SENATOR HENDON) Absolutely bipartisan cooperation. I love it. Further discussion? Seeing none, the question is - you don’t even have to close after that - shall House Bill 5429 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 5429, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go back to House Bill -- 5351. 5351. Mr. President -- Mr. Secretary. Senator Dillard, on 5351. Mr. Secretary, read the bill.
House Bill 5351. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you, Mr. President. This provides that the Illinois 117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Supreme Court or any circuit court may adopt rules allowing the use of video conferencing in involuntary admission hearings. It is supported by the Illinois Psychiatric Society, the Mental Health America-Illinois group, the Illinois Hospital Association, Thresholds, and the Illinois State Bar Association. And I hope it gets 59 votes here. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 5351 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 5351, having received the required constitutional majority, is declared passed. House Bill 5458. 5458, Mr. Secretary. Senator Demuzio. 5458. Out of the record. Please be ready. House Bill 5483. Senator Garrett. Mr. Secretary, read the lady’s bill. Senator Garrett seeks leave of the Body to return House Bill 5483 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5483. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett, on her Amendment No. 2.
Yes, thank you very much, Mr. President. Basically, what this amendment does is to make sure that the municipality has 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 procedures in place for public testimony.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will -- will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5483. Mr. Secretary, read the bill.
House Bill 5483. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Yes, thank you, again, Mr. President. House Bill 5483 amends the Open Meetings Act and gives public bodies either thirty days or until the next regular meeting to approve the minutes of an open meeting. After approval, the minutes are to be made available for public inspection within ten days, instead of the current seven. Lastly, it gives any person the opportunity to address public officials as long as it is done according to the public body’s rules.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 5483, having received the required constitutional majority, is declared passed. House Bill 5494. Senator Millner. Senator Millner seeks leave of the Body to return House Bill 5494 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5494. Mr. Secretary, have there been any amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Millner.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Yes, thank you, Mr. President. This changes the word -- it’s a technical amendment changing the word from “penalty” to “fee”.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5494. Mr. Secretary, read the bill.
120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 House Bill 5494. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Thank you, Mr. President. This requires a seventy-five- dollar fee to be assessed against a defendant who fails to appear on an offense charge as required by the court and an arrest warrant was issued for the defendant. Seventy dollars of the assessment will go the law enforcement agency that arrested the defendant on the arrest warrant and five dollars to the circuit court. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Lauzen.
Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Lauzen.
Senator, let’s see, there was substantial opposition over in the House. Do you know what that was around?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
No, I do not.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen. Senator Lauzen. Anything -- further discussion? Seeing none, this is final action. The question 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 is, shall Senate Bill 5494 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 1 voting Nay, none voting Present. House Bill 5494, having received the required constitutional majority, declared passed. House Bill 5501. President Cullerton. Out of the record. House Bill 5513. Senator Martinez. Senator Martinez seeks leave of the Body to return House Bill 5513 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5513. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President and Members of the Senate. This will provide that a person applying for a building permit whose -- knowingly provides license -- and I’ll be happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will vote Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 3rd Reading. Now on the Order of 3rd Reading is House Bill 5513. Mr. Secretary, read the bill.
House Bill 5513. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 5513, it will make it identity theft to steal another fire sprinkler’s contractor’s license number to fraudulently obtain a building permit. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 5513 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 5513, having received the required constitutional majority, is declared passed. House Bill 5515. Senator Haine. Senator Haine seeks leave of the Body to return House Bill 5515 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5515. Mr. Secretary, read the bill. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Haine. 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, on Amendment 1.
Thank you very much, Mr. President, Ladies and Gentlemen. Floor Amendment No. 1 meets the concerns of some members of the committee as to sufficient notice by the school board upon considering a transfer.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5515. Mr. Secretary, read the bill.
House Bill 5515. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This allows surplus safety taxes and interest earnings to be transferred to an operations and maintenance fund at the discretion of the school board, after proper notice, for building repair work. 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Lauzen.
A question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen.
Senator, do I understand this bill correctly, that taxpayers pay based on -- you know, on their property taxes and that it goes into life safety, and then what you’re proposing here is that that life safety money would be able to be transferred into general education funds, first of all?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
No, sir. It -- it -- it is going to be -- it -- in the discretion of the school board, it’ll be given to operations and maintenance fund for building repair work, not for just anything. And this is a -- a levy that is imposed by law in the discretion of the school board. It’s not the result of any referendum.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
So what you’re saying is that it can be transferred. Why is it -- well, so it can be transferred into the general operating and maintenance fund for repairs, just not life safety repairs. Boy, it sounds like - and maybe you can respond to this in your answer - sounds like there’s -- must be a very 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 tight definition of what life safety is, because you would think that maintenance should cover life safety issues.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
According to the lawyers, the -- the answer to that is you cannot use life safety funds except in the restricted sense of that term. So this is another example of tyranny of the lawyers. So we have to pass this bill giving the flexibility to the school boards.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Syverson.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Syverson.
In following up with the questions from Senator Lauzen, the concern is repairs are not always life safety. And so you can repair, obviously, things that were issues related to life safety, but repair can be anything that would be coming under that fund. So, under this definition then, we’re taking life safety money that was -- that was taken or raised for a specific issue and transferring that, then, into something unrelated to life safety going into maintenance. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Yes, sir. That is correct. 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Is there any -- any protections in there from -- what is -- what is stopping districts from raising funds under life safety and then using that to take care of their maintenance needs?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Senator, that’s a good question. Our school districts, as you know, are in a terrible economic bind. We are not paying them on time. They’re -- many of the districts are suffering declining property tax assessments and receipts. They have asked for this discretion during these emergency times through June 30, 213 {sic} (2013). This is a -- a bill that exists through then, allowing them to make repairs so as to avoid a life safety issue.
PRESIDING OFFICER: (SENATOR HENDON) Of course, anyone in the Senate has an opportunity and right to ask questions, but the Chair would appreciate no redundancy in the questions that have been asked and answered already. Senator Syverson.
Thank you. Just to wrap it up as a… So these school districts, because of -- these school districts then, because of their current financial straits, because the State isn’t funding or paying those -- those bills, they want this creativity to -- to use for this period of time. If the -- if the State had been paying it’s bills, would that need still -- would that need 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 still be there for those districts?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
It -- it might not. Arguably, speculatively, it might not. Keep in mind too, Senator Syverson, that the State Board of Education has to sign off on -- on these. There’s a further…
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
…it’s a further check and…
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Murphy.
Senator Haine, I -- I appreciate your concern for the dire financial straits of the school districts and I pose a question to you that I had posed to Senator DeLeo a week or so ago. My school districts are telling me that what is putting them -- among our not being able to pay -- pay them on time, one of the things we’ve done to them that has really put them in dire financial straits is a year or two ago when we took away -- effectively took away their ability to outsource. So I guess my ask to you, as it was to Senator DeLeo, in the interests of providing relief to struggling school districts, would you be open to an amendment to your bill to repeal the legislation we 128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 passed a year or two ago that effectively killed outsourcing by school districts?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
No.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. SENATOR McCARTER: To the bill: This bill is a response to school districts - - and it was specifically requested from those in my area and Senator Haine’s area. But it is a response to provide them some kind of relief. Are -- are there other ways that we can provide relief? Yes. We could pay ‘em on time as well. And that would provide -- you know, maybe -- maybe they wouldn’t be forced to do this or need this ability to do this. But it needs to be made clear that this is still done by a resolution after a public hearing was published in the paper of the -- general circulation, according to -- at least seven days and not more than thirty days prior to the hearing, and is posted -- and is posted at least forty-eight hours before the hearing at the principal office of the school board. So this -- this change is done with the public’s involvement and approval, and -- and this was -- I asked Senator Haine to put this in there specifically. He did. And so the public is -- is being given notice and has the ability to say no to this transfer if they would like to. So I encourage an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, to close. 129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Ask for an Aye vote, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 5515 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, 5 voting Nay, none voting Present. House Bill 5515, having received the required constitutional majority, is declared passed. The Committee on Assignments will meet immediately in the President’s Anteroom. The Senate stand at -- at ease until the Committee on Assignments is finished with their business. Senate stands at ease. Senator Demuzio. The Senate reconvenes. Senator Demuzio, for what purpose do you seek recognition, ma’am.
Yes, thank you. I’d like to be recorded as an Aye on 5525 {sic}.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect - 5515. The Senate stands at ease until after Committee on Assignments. Senate stands at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Mr. Secretary, Committee Reports.
130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senator Clayborne, Chairperson of the Committee on Assignments, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Senate Bill 453. Senator Clayborne, Chairperson of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Consumer Protection Committee - Motion to Concur with House Amendment No. 1 and House Amendment No. 2 to Senate Bill 3509; refer to the Criminal Law Committee - Motion to Concur with House Amendment No. 1 to Senate Bill 2551, Motion to Concur with House Amendment No. 1 and House Amendment No. 2 and House Amendment No. 3 to Senate Bill 3359, and -- Motion to Concur with House Amendment No. 1 to Senate Bill 3628, and Floor Amendment No. 1 to House Bill 4647; refer to the Energy Committee - a Motion to Concur with House Amendment No. 1 to Senate Bill 380; refer to the Environment Committee - a Motion to Concur with House Amendment Nos. 1 and 2 to Senate Bill 2556; refer to the Executive Committee - Floor Amendment No. 4 to House Bill 4623; refer to the Insurance Committee - Motion to Concur with House Amendment No. 3 to Senate Bill 660, Motion to Concur with House Amendments No. 1 and 2 to Senate Bill 2819, and Floor Amendments 1 and 2 to House Bill 5085; refer to the Licensed Activities Committee - a Motion to Concur with House Amendment No. 1 to Senate Bill 2602, Motion to -- to Concur with House Amendment No. 1 to Senate Bill 3094; refer to the Local Government Committee - Floor Amendment No. 2 to House Bill 4815; refer to the Revenue Committee - a Motion to Concur with House Amendment No. 1 to Senate Bill 3661 and Floor Amendment No. 1 to Senate Bill 453; refer to the State Government and Veterans Affairs Committee - Floor Amendment No. 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 3 to House Bill 5065. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR HENDON) We’re going to be announcing committees in a few seconds. Please pay attention. I’m sure you will have a committee this afternoon, some of you. After we announce committees, we’re going to go back to 3rd Readings to get as far as we can up until the first committee meets. These committees are for concurrences and Floor amendments which have been previously released. The Committee on Public Health will meet at 2:30 in Room 212. The Committee on Agriculture will meet at 2:30 in Room 400. The Committee on Human Services will meet at 2:45 in Room 212. The Committee on Judiciary will meet at 2:45 in Room 400. The Committee on Higher Education will meet at 2:45 in Room 409. Committee on Education will meet at 3:10 in Room 409. The Committee on Criminal Law will meet at 3:25 in Room 212. Committee on Environment will meet at -- 3:25 in Room 400. Committee on Local Government will meet at 3:25 in Room 409. The Executive Committee will meet at 4 o’clock in Room 212. Revenue will meet at 4 o’clock in Room 400. Licensed Activities will meet at 4 o’clock in Room 409. The Committee on Insurance will meet at 4:30 in Room 400. Committee on State Government and Veterans Affairs will also meet at 4:30 in Room 409. Energy Committee will meet at 4:45 in Room 212. Financial Institutions will meet at 4:45 in Room 400. And Consumer Protection will meet at 4:45 in Room 409. Please be on time and prompt. We’re going to continue on 3rd Readings. House Bill 3rd Readings. House Bill 5525. Senator Clayborne. Mr. Secretary, read the gentleman’s bill. 132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
House Bill 5525. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. President and Members of the Senate. House Bill 5525 corrects a drafting error which left the statute silent as to criminal penalties for employees of penal institutions who bring in certain types of contraband. It provides that -- a Class 1 felony for an employee of a penal institution to bring or attempt to bring or possess a tool to -- defeat security mechanisms or cutting tools into a penal institution. Makes it a Class X felony for employees of a penal institution to deliver electronic contraband in a penal institution. Electronic contraband includes cell phones, cell phone batteries, pagers, computers, and video recorders.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall House Bill 5525 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 5525, having received the required constitutional majority, is declared passed. House Bill 5571. Senator Righter. Righter. Out -- Mr. Secretary, read the bill. Senator Righter seeks leave of the Body to return House Bill 5571 to the Order of 2nd Reading for purpose of amendment. 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5571. Mr. Secretary, have there been any amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Righter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, on Amendment 2.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Amendment 2 adds to the bill a specific list of items that are nonessential promotional items that would be banned for a period of two years.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5571. Mr. Secretary, read the bill.
House Bill 5571. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill 5571, when it came over from the House, was a bill that would have, for a two-year period, prohibited the use of any State funds on any nonessential promotional materials. After it came over in the Senate, we discovered that that would impair tourism, which obviously is something that comes from the hotel/motel taxes, not general revenue funds. The bill has been amended to prohibit for a two-year period expenditures of general revenue funds on nonessential promotional materials. I’ll be happy to answer any questions…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 5571 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 5571, having received the required constitutional majority, is declared passed. House Bill 5603. Senator Syverson. Out of the record. House Bill 5630. Senator Haine. Senator Haine, sir. Out of the record. House Bill 5677. Senator Haine. Out of the record. House Bill 5727. Senator Link. Senator Link. Out of the record. House Bill 5745. Senator Harmon. Harmon, sir. 5745. Mr. Secretary, read the gentleman’s bill. Senator Harmon seeks leave of the Body to return House Bill 5745 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5745. Mr. Secretary, have there been any Floor amendments approved for consideration? 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Floor Amendment No. 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. The amendment becomes the bill. I’d move for its adoption and look forward to…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on 3rd Reading is House Bill 5745. Mr. Secretary, read the bill.
House Bill 5745. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The underlying bill, as it came over from the House, would have added doctors and -- and other medical personnel to the list of victims for whom a murderer could have been put to death. The amendment that I’ve offered changes that to a 136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 natural life imprisonment, but maintains protection for that class of -- of victims. I’d ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? The question is, shall House Bill 5745 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 5745, having received the required constitutional majority, is declared passed. House Bill 5749. Senator Dillard. Out of the record. House Bill 5765. Senator Forby. Out of the record. House Bill 5819. Senator Sandoval. Out of the record. House Bill 5821. Senator Haine. Out of the record. House Bill 5833. Senator Bond. Mr. Secretary, read the bill.
House Bill 5833. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Thank you, Mr. President. This is an initiative of the Department of Revenue, strongly supported by the Illinois Retail Merchant {sic} (Merchants) Association. The bill improves efficiency and is taxpayer friendly for Illinois businesses.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Question is, shall House Bill 5833 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 5833, having received the required constitutional majority, is declared passed. House Bill 5836. Senator Collins. Mr. -- Senator Collins seeks leave of the Body to return House Bill 5836 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5836. Mr. Secretary, have there been any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Collins.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you. The Floor amendment, I thought was adopted already. I think we went through this. But, it basically is a technical change. It removes a reference to a subsection.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5836. Mr. Secretary, read the bill.
138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 House Bill 5836. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 5836 allows students to carry asthma inhalers at school. Parents or guardians must provide written authorization from the pupil’s physician, physician assistant, or advanced practice nurse. They must also provide the prescription label, prescribed dosage, and the time and circumstances under which the medication is administered to the school.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Question is, shall House Bill 5836 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting -- 56 voting Aye, none voting Nay, none voting Present. House Bill 5836, having received the required constitutional majority, is declared passed. House Bill 5858. President Cullerton. Out of the record. House Bill 5873. Senator Link. Out of the record. House Bill 5888. Senator Dillard. Mr. Secretary -- Senator Dillard seeks leave of the Body to return House Bill 5888 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5888. Mr. Secretary, have there been any Floor amendments approved for 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 consideration?
Yes. Floor Amendment No. 2, offered by Senator Dillard.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
This makes two minor changes, one to -- at suggestion of the Chicago Bar Association, and another that - this is an arbitration bill - that says if there’s a collective bargaining agreement and it’s silent, that’s what we use. And I’d move its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5888. Mr. Secretary, read the bill.
House Bill 5888. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you, Mr. President and Members. This is an 140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 initiative of the Chicago Bar Association to clarify and provide what rule of law, by default option, in the event that parties fail to specify in arbitration agreements, what rules of law should apply. It’s very arcane. It’s supported by the State Bar -- or the Chicago Bar Association. I know of no opposition and would appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 5888 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 5888, having received the required constitutional majority, is declared passed. House Bill 5890. Senator Kotowski. Out of the record. House Bill 5917. President Cullerton. Out of the record. House Bill 5933. Out of the record. House Bill 5960. Out of the record. House Bill 6017. Out of the record. House Bill 6034. Senator Pankau. Mr. Secretary, read the bill.
House Bill 6034. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Thank you, Mr. President. Senate {sic} Bill 6034 is -- provides technical assistance on playgrounds. And the Department of Public Health will put this technical assistance on its existing website by the year 2011. I ask for your 141 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 favorable approval.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6034 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 6034, having received the required constitutional majority, is declared passed. House Bill 6080. Senator Harmon. Mr. Secretary, read the gentleman’s bill.
House Bill 6080. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill is a modernization of the Adoption Act. It offers a couple of new forms for adoption. I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6080 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 58 -- I mean, 6080, 142 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 having received the required constitutional majority, is declared passed. The Chair needs to pass a bill real quick, if Senator Harmon could come just long enough for me to pass my bill. House Bill 6094. Senator Wilhelmi. Mr. Secretary, read the bill.
House Bill 6094. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi. Leader Harmon in the Chair.
Thank you, Mr. President. House Bill 6094 allows non- highway vehicles and recreational off-highway vehicles on county or township roadways for the purpose of conducting farming operations. These vehicles are required to be insured either under a motor vehicle policy or covered under a farm, home, or non-highway vehicle insurance policy. The bill also allows units of local government or IDOT to restrict the type of non- highway vehicles that are authorized to be used on its streets and allows the operation of low-speed vehicles on any and all streets under its jurisdiction unless prohibited by the municipality or by IDOT. We took out the requirement for a study. I’d be happy to answer any questions and I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 6094 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all 143 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. And House Bill 6094, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll return to -- House Bill 6017. Senator Hendon. Madam -- Mr. Secretary, please read the bill.
House Bill 6017. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hendon.
Thank you, Mr. President. This is just a -- a simple expansion of the local school council to add one other person who works in the school. I appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 6017 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 6017, having received the required constitutional majority, is declared passed. Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Leader Harmon. House Bill -- back to page 40. 6013 {sic}. Senator Martinez. 6113. Senator Martinez. Out of 144 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 the record. 6124. Senator Collins. Mr. Secretary, read the bill.
House Bill 6124. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 6124 extends the civil statute of limitations for adult survivors of childhood sexual abuse. This bill makes the statute of limitations in civil cases consistent with that in criminal cases. As a little bit of a background, in the 93rd General Assembly, I passed legislation increasing the statute of limitations on sex crimes with -- on sex crimes committed on children, but in a Illinois Supreme Court ruling, it was struck down because it applied retroactively. This bill makes it prospective and is in line with the Illinois Supreme Court ruling.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6124 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 6124, having received the required constitutional majority, is declared passed. House Bill 6151. Senator Lightford. Out of the 145 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 record. House Bill 6195. Out of the record. House Bill 6241. Senator Clayborne. Mr. Secretary, read the gentleman’s bill.
House Bill 6241. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. -- Mr. President. House Bill 6241 amends the Property Tax Code by changing the definition of real property. A number of -- of mobile homes are not considered real property under the current definition because they do not rest in whole or -- on a permanent foundation. The amended definition would include mobile homes that do not rest on a permanent foundation. However, this bill only applies -- or affects mobile homes on private property, not mobile homes in mobile home parks. And we’ve changed the effective date from immediately to January of 2011. To my knowledge, there’s no one in opposition.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Burzynski.
Thank you. Senator Clayborne, I know that originally the 146 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 County Treasurers’ Association was opposed to the bill, along with other individuals. Can you tell me, has their opposition been totally removed or are they -- are they still opposed to the bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Oh, that’s right. You’re right. I think they are opposed to the bill. However, that’s one of the reasons why we’ve changed the effective date from immediately, so we could run a trailer bill that will allow us to address this issue.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. Then you’re -- you’re anticipating being able to try to address at least part of their concerns. I’m not sure what all of their concerns were, but I do know they had some. So, thank you, Senator.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 6241 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 6241, having received the required constitutional majority, is declared passed. House Bill 6267. Senator Demuzio. Out of the record. House Bill 6268. Senator Burzynski. Mr. Secretary, please read the gentleman’s bill.
147 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 House Bill 6268. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) This is top of page 41. Senator Burzynski.
Thank you, Mr. President. This bill requires the Governor’s Office of Management and Budget to submit an economic and fiscal policy report to the General Assembly. The report must outline the long-term economic and fiscal policy objectives of the State, the economic and fiscal policy intentions for the upcoming fiscal year and for the following two years. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 6268 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Vote the Presiding Officer, please. Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 6268, having received the required constitutional majority, is declared passed. House Bill 6349. Senator Sullivan. Mr. Secretary, read the gentleman’s bill.
House Bill 6349. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Leader Sullivan. 148 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you, Mr. President, Members of the Senate. This is an issue that we’ve been working on for several months and it’s an agreed -- we’ve come up with an agreement on the process. But what we’re trying to address is the issue of high unemployment in the State of Illinois with regard to projects -- work -- Illinois public works projects. And -- so what the Act does is we’re amending the Preference Act, which has been in existence. There’s actually two Preference Acts on the books. One was declared unconstitutional. The other one has been challenged by the courts. But what House Bill 6349 attempts to -- to do is to address some of the concerns raised by the courts to allow Illinois workers to work on Illinois projects. The bill requires contractors on public works projects to employ a workforce that is comprised of at least ninety percent of Illinois residents. This kicks in -- that requirement kicks in only if the State unemployment rate is greater than five percent for two consecutive months. The bill limits the scope of public works projects to those projects funded in whole or in part by the State or funds administered by the State. And that is to address the commerce clause, which was one of the issues raised by the courts. It also allows individuals to seek review of any Department of Labor decisions, which addresses the due process concern also raised by the courts. There are two issues that we were not able to address with regard to the constitutional challenge of the -- of the Preference Act, and that is a privileges and immunities clause and the equal protection clause. Those two issues we will attempt to address down the road after -- and what we’ve done in the -- in the interim to 149 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 address those is that we’ve -- we’re working with the University of Illinois School of Labor and -- and Employment Relations and they are gathering data for a study to determine whether Illinois’ high unemployment rate, especially in the construction sector, is due to out-of-state workers displacing those Illinois workers. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Pankau.
Thank you, Mr. President. A question of the Chair. Are both amendments on this bill?
PRESIDING OFFICER: (SENATOR HENDON) Mr. Secretary, we want to make sure that -- check and see. We’re checking for you now, Senator Pankau. Both amendments are on the bill - 1 and 2. Senator Pankau.
A question to the sponsor then.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator… Just give me one second, Senator Pankau. We want to make sure that -- I told you is correct. There -- there appears to be another amendment we need to adopt. Just -- just one moment. We want to make sure that we have it right. We may have another amendment to be adopted. 1 and 2 have been adopted and there’s a question about Amendment No. 3. Okay. Floor Amendment No. 3 has been filed, sent to Assignments. We don’t have it at the moment. Let me ask the sponsor a question. Senator Sullivan, is it okay to take this out of the record till we look at Amendment No. 3? We still have time. Senator Sullivan. Senator Sullivan. 150 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Yes. Yes.
PRESIDING OFFICER: (SENATOR HENDON) Out of the record. House Bill -- House -- we’re going to the next bill. 6368. Out of the record. House Bill 6419. Senator Kotowski. Kotowski, sir. Out -- 6419. House Bill 6419, a bill on regulation. We have time. Out of the record. Be heard in committee today. House Bill 6420. Senator Haine. Senator Haine, sir. 6420, sir. Mr. Secretary, read the gentleman’s bill.
House Bill 6420. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. Chairman. There’s a Floor amendment, I believe, on this, isn’t there? Oh, we adopted it Friday. I’m sorry, sir. This is a funeral home -- funeral director and embalmers licensing rewrite. It’s a major bill for that industry. This was negotiated heavily over a period of months and it does a number of things - increases fines, establishes perimeters -- parameters for at-need control for the observation of the burial of bodies, the requirements of display of -- of licenses, consumer protection, and a number of other things.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Wilhelmi.
151 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Thank you, Mr. President. Will the sponsor yield to establish legislative intent?
PRESIDING OFFICER: (SENATOR HENDON) He will yield to establish legislative intent. Senator Wilhelmi.
Thank you. Senator, does the requirement to display the license include the funeral home?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
If the licensee operates at more than one funeral home, are they required to display the license, Senator?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Does the place of practice mean the location of the business?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
152 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
The -- does the Act require the license to be displayed at a graveyard, hospital chapel, or consumer’s home, Senator?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
No. No.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Finally -- finally, does the Act require the licensee to carry the license on their person?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
No.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall -- House Bill 6420 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 6420, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go back to House Bill 6349. Senator Sullivan. Senator Sullivan seeks leave of the Body to return House Bill 6349 to the Order of 2nd 153 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 6349. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan, to explain Amendment No. 3.
Thank you, Mr. President. The amendment’s a technical amendment. It simply changes from “thirty days” to “thirty days or more”.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion on the amendment? Hearing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 6349. Mr. Secretary, read the bill.
House Bill 6349. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
154 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Thank you. Prior to -- adopting that amendment, I described the bill, so I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Thank you, Mr. President. I urge an Aye vote on this and also would like to commend the sponsor. He listened to the concerns of the business groups. No one was opposed to the basic idea that we should employ Illinois workers in Illinois. That’s kind of a -- a -- a no-brainer, as they say. However, working out the details and working out how exactly you would do that, the sponsor has worked with the business groups and has eliminated their opposition. So, coming out of the Labor Committee, I think that’s really tremendous. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Harmon.
Thank you, Mr. President. Senator Sullivan, I want to be sure the legislative intent is clear. Does the term “laborer”, as used in this legislation, specifically mean a member of a specific union?
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan. 155 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
No. The term “Illinois laborer” does not specifically mean any one union. This legislation will benefit all Illinois workers on public works projects - union and nonunion. The term “Illinois laborer”, as defined in this Act, is any person who has resided in Illinois for at least thirty days and intends to become or remain an Illinois resident. The term “laborer” is found in no less than eighteen Illinois laws and in none of these -- in none of those laws is it interpreted to mean a specific type of construction worker, let alone the members of one particular union. The laws referencing the term “laborer” not only includes the Act that HB6349 amends, but the Prevailing Wage Act and the Illinois Pension Code, including its use in the title, if -- if the article specifically governing -- governing -- governing benefits for union members working in the City of Chicago called Laborers’ and Retirement Board Employees’ Annuity and Benefit Fund--Cities Over 500,000 Inhabitants.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.
Just to -- to the -- the speaker. I got a question. I would like you to explain for -- you -- you’re next to Missouri, right? And in Missouri, do -- construction jobs in Missouri, what do they do to Illinois people, and tell us what -- what we do to Missouri people? I want you to explain that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Absolutely. I was actually going to do that in my closing, 156 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 but I’ll do it now, Senator Forby. I appreciate the asking. One of the reasons I’m carrying this legislation is the fact that we have instances in my district, which I think most of you know borders the State of Missouri, and Missouri does not allow Illinois workers to go to Missouri and work on Illinois -- on -- on Missouri construction projects, but Missouri workers can come to Illinois and work on projects, because the Department of Labor has been unable to enforce the Preference Act here in the State of Illinois due to the constitutional challenges. So that is one of the reasons I’m working on this bill and it -- it’s a -- it’s a -- I think a huge step forward in addressing some of the issues of keeping Illinois workers working on Illinois projects when -- when we have high unemployment rates in the State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 6349 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 6349, having received the required constitutional majority, is declared passed. Senator Schoenberg, for what purpose do you seek recognition, sir?
Thank you, Mr. President. I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
157 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Mr. President, Ladies and Gentlemen of the Senate, once again, it’s Evanston Day. My friends from Kingsley School, from the fourth grade, are in the gallery directly behind the Republican side of the aisle. Let’s please give them a warm Senate greeting. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Will our young guests please rise? Welcome to the Illinois Senate, and the old folk with you too. Welcome. Welcome to the Illinois Senate to see your fine Senator at work. House Bill 6462. Senator Collins. Mr. Secretary, read the bill.
House Bill 6462. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 6462 is an initiative of the Cook County State’s Attorney and it seeks to address human trafficking and the exploitation of children in the sex industry by redefining a minor engaged in prostitution as a person under eighteen years of age, rather than seventeen, and expanding the tools that law enforcement agencies have to combat the problem. As we know, all the statistics indicate today that human trafficking is now the third-most lucrative criminal enterprise in the world. I am open for any questions.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Righter. 158 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you, Mr. President. To the bill, please. Thank you. Ladies and Gentlemen of the Senate, first of all, I want to thank the sponsor for what I know has been a lot of hard work on this bill and the people who have worked on this bill with her. I actually was a cosponsor of the bill for a short period of time until I learned about a provision which, as a former prosecutor, troubles me. The bill, as a matter of State law, will prohibit any prosecutor from filing and proceeding with any juvenile petition against any individual who is arrested for prostitution who is seventeen years of age or younger. And I understand that the motive behind that is to require that this individual be sent down a path other than potentially being prosecuted in a juvenile court. The problem that I have with that, Mr. President, and I think the problem that it is should be for this Chamber and the precedent it sets, is that those of us here in this Chamber and this General Assembly don’t know about every case that these prosecutors face on a day-in and day-out basis. We certainly don’t know that today. We don’t know what those cases are going to look like a year from now or three years -- now or five years from now. And for us to say, Mr. or Ms. Prosecutor, we don’t know the details of your cases but we’re going to prohibit you from following one path that you think may be in the best interest of the public that you were elected to protect, is the wrong thing for us to do here. We have a lot of rhetoric in this Chamber on a pretty -- almost a daily basis, Mr. President, about making sure that we preserve judicial discretion and local officials and recognizing that they’re the ones who are elected locally and so they are the 159 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 ones who are best informed to make the decisions on behalf of the people that they represent. This bill says we are going to send these individuals down the same path time and time and time again, regardless of how many times it may fail. How -- regardless of whether or not it does not serve them well. I think that is a tragic mistake for us to make. For that reason, Mr. President, I reluctantly rise in opposition to House Bill 6462. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President. To the bill: The -- the previous speaker did raise a question that I’m constantly raising in judicial -- in Criminal Law Committee with regards to curtailing discretion, whether it’s prosecutorial discretion -- more often than not, it’s judicial discretion that we curtail. But that’s not what I want to talk to -- talk about on this bill. First, I want to commend the sponsor and I want to commend the advocates who have worked on this bill, because I think that I agree with about ninety-five percent of this bill, notwithstanding the legitimate concerns brought about by the previous speaker. The concern I have is the same concern that I had when the Illinois Reform Commission came last year, dictating that we should expand law enforcement tools to allow for the expansion of wiretapping. And there was something that was brought about in committee when this first bill -- when this bill was first presented about unnecessarily wide wiretapping provisions attached to this bill that had to be narrowed, that had -- that allowed for over a -- for the one hundred and two 160 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 State’s attorneys in the State - some of which are part-time - to have wiretapping -- their wiretapping powers expanded. And as you all know, I have been an advocate over the last year to make sure that we don’t expand Big Brother to the point where we don’t need it. Certainly, I applaud the sponsor on trying to do something about the human trafficking of our young children who are oftentimes victims that are taken advantage of, but the wiretapping expansion provision on this bill is unnecessary. And for that reason, for that five percent of the bill that I don’t like, I -- I’ll be voting No.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins, did you want to respond? Senator Collins.
Thank you. And I appreciate the critique of my colleagues. And let me just say, in reference to -- I’ll address first the wiretapping issue first. When this bill first became before the committee, it was very broad and the State’s attorneys took the language back and narrowly tailored with judge-authorized wiretaps that apply only to these sex offenders. And in reference to my other colleague across the aisle, we know now that the -- first of all, the DuPage State’s Attorney slipped in as a proponent to the legislation, as well as the State’s Attorney Association. They took no position as far as talking about the discretion. And I will just say this, that we know that the current system is broken because the current system is inadequate and prosecutors cannot build a case against the traffickers by placing the entire burden upon the testimony of the child victims. Quite simply, this method has been tried and failed. Most of these kids or young adults involved in this are 161 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 victims and yet they don’t self-identify as victims because of the very sophisticated methods of coercion and fraud and intimidation that is done by their pimps. So I just ask for the support, because this is really not a free pass for the children being prostituted. It’s just basically moving them out of the criminal justice system and putting them in the juvenile court under the abuse and neglect system, wherein a civil legal process, brought by the DCFS and the State’s attorney and overseen by a judge, can work to rehabilitate and work in -- in helping them get out of the sex trade. So I ask for…
PRESIDING OFFICER: (SENATOR HENDON) There -- there are some other questions. That’s why -- I knew you were closing, but I was trying to get your attention. When I stand up, I’m trying to get your attention if you’re speaking. Trust me. Senator Haine.
To -- to the bill, Mr. President. I also want to thank and commend the sponsor of this bill for the way she’s handled this. This was a complicated matter. In answer to the -- my two esteemed colleagues: As to Senator Raoul’s comments first, the -- the -- the wiretap provisions that were brought in were taken out after questions in the committee because they related to matters not directly relevant to this effort. The wiretap provisions left in are directly linked to sex trafficking. It’s a necessary part of the criminal justice effort. The -- the Chicago Police Department and the other law enforcement agencies were strongly in support of this. As to Senator Righter’s comments, I sympathize with his comments a great deal, but I agree with the sponsor in that the way this has been handled in 162 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 the past years hasn’t accomplished what we want. This approach of treating these matters as victimization by the victims -- these are people victimizing themselves because of past abuse, poverty, terror, or what -- what -- what -- whatever. And so we’re -- we’re embarking on an effort to treat them as victims, and so, therefore, allowing the prosecution of them is -- contradicts that. We’re taking a chance, yes, by removing the discretion. But it’s consistent with the -- the purpose of the bill, which is to find and to punish evildoers who abuse young girls and sell them into slavery and damage and blight their lives. That’s what the intent of the bill is. And these other matters are small in comparison to that. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President. This bill came through my Criminal Law Committee. And when it came through, one of the things that stood out most was the fact that it was the State’s attorneys who are assisting in bringing this bill, which I thought was admirable. And their attempt was to basically reduce the number of cases that are being forced through our criminal justice system, and perhaps with the winnowing down of the juvenile justice department, that we -- that we actually process these in a civil manner as opposed to a criminal manner, which would bring into account and -- the authority of the Department of Children and Family Services, which is probably better equipped to deal with these cases to begin with. Now, I think it’s important to note the reason for the wiretaps. We -- 163 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senator Millner was very adroit in addressing these. The fact that the State attorneys were perhaps, as they are -- want to do, to overreach a little bit in trying to apply a broad spectrum of authority for the wiretap usage. But, what we did and what the sponsor did to her credit was to circumscribe this so that it was winnowed down and -- and narrowed down to a very defined sliver of our Criminal Code -- or our -- and our Civil Code. And for that reason, especially giving -- given the compelling interest that we have in the well-being of our children - in this case, children who are abused in such a horrific manner - that it warrants the use of the wiretap to identify the very coercive and exploitive relationship that these victims - and these are true victims - that they have with their pimps and with their abusers. And by not authorizing this and not voting this today, we allow the continuation of what is a perpetual and, I think, damnable cycle of exploitation and servitude. And so, therefore, I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The final speaker, Senator McCarter. And then Senator Collins, to close. Senator McCarter. SENATOR McCARTER: To the bill: You know, and this is a complicated legal matter, and I‘ve heard the word -- prosecutorial discretion. First time I ever heard that, by the way, but -- and I’m sure there’s things that you can argue about the technical legalities about this. But, unfortunately, this is a -- this is a real -- a real issue taking place in this State, and it’s -- and it’s not only complicated, but it’s embarrassing. It’s embarrassing that we would have to even address this here. And -- and I’m 164 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 familiar with this. My wife is personally involved with a number of young ladies who have been caught up in this and been able to deal with -- help them get out. And -- and -- and I’m sure there may be just a fraction of an area that it’s -- this could be abused because of the new -- because of this law, but I think it’s worth taking the chance to address this embarrassing situation here within the State. So I just want to compliment the sponsor for bringing this to us and the hard work you put into it. I encourage an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins, to close.
Sex trafficking -- human trafficking is both demeaning and dehumanizing and it’s, in fact, a modern-day form of slavery. So I ask the Members of this Chamber to vote Yes to restore decency, dignity and hope to some of the most vulnerable victims in our society - women, children, boys and girls. I ask for a Yes vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 6462 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, 2 voting Nay, and 1 voting Present. House Bill 6462, having received the required constitutional majority, is declared passed. House Bill 6748. Out of the record. We’re now going -- quick announcement, Ladies and Gentlemen. We have an update on the committee announcements. The Senate Financial Institutions Committee will not meet today at 4:45 as previously 165 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 announced. Senator Syverson, for what purpose do you seek recognition, sir? Senator Syverson. No? Okay. With leave -- we are now going to go to the Order of House Bills 2nd Reading. House Bill 6359. Senator Viverito. Mr. Secretary, read the bill.
House Bill 6359. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito. 3rd Reading. 3rd Reading. Now we’re going to go to top of page 42. Resolutions. Senate Resolution 783. Senator Viverito. Mr. Secretary, read the resolution.
Senate Resolution 783. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito.
Thank you, Mr. President. Senate Resolution 783 designates June 25th, 2010, to be the Korean War Remembrance Day in the State of Illinois. This June 25th will be the sixtieth anniversary of the start of the Korean War. The resolution encourages all Illinois residents to remember and appreciate the brave men and women who served honorably and paid the ultimate price defending our freedom in the Korean War. And probably most of you know, it was “The Forgotten War”. It really wasn’t a war. It was a police action. And at that time, I believe, 166 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 one million and a half United States soldiers, including thousands from Illinois, answered the call in {sic} (to) arms during the war. The Korean War often is remembered as “The Forgotten War” because it fell between the conclusion of World War II and the beginning of Vietnam War, and because the shaky truce that ended the open hostility in 1953 left the conflict without an official closure. The sixtieth anniversary of the start of the Korean Was occurs June 25th, 2010. The United States will remember this. Lately, in media, we’ve -- broadcasting this from June 10th to -- to the year 2013 to the State’s newspapers, radio and television. And I really believe from my heart that the Korean War -- thank God for the Vietnam veterans, because nobody would have even known when we went and when we came home. I know. I was one of those fellows who was drafted. Four months, twenty years old, and I’m telling you, most of the heroes were there and still are there. And I can tell you one thing, a young man that I knew, lived around the corner from me, spent forty-one months in a prison camp and came out. Today he speaks at memorials. And that’s a relation of Ed Maloney’s, named Pat Quinn. Thank you for allowing me to present this resolution.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Resolution 783 pass. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senator Syverson, for what purpose do you seek recognition, sir?
Thank you, Mr. President. We would request a thirty-minute caucus. 167 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR HENDON) Chair can give you twenty minutes. The committees start at 2:30, I believe. Thirty minutes. The Chair -- the committees will -- the 2:30 committees will start at 2:40. The Senate will stand in recess to the call of the Chair. After committee meetings, the Senate will reconvene to receive committee reports and for further Floor action. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Will all Members under the sound of my voice please come to the Senate Floor? We have some more Senate action we need to take care of tonight, as in right now. If you come now, we can get it all done quickly and you could be at your dinner by 6:30 - 6:20 even. Will all Members under the sound of my voice please come to the Senate Floor? Would all of our very capable administrative assistants please reach out to your Senator, wherever they are, and tell them to come to the Senate Floor? Senator Hendon in the Chair. Madam Secretary, Messages.
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 1937. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of 168 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 the Senate, to wit: House Amendment 1. We have received like Messages on Senate Bill 3129, with House Amendments 1 and 2; Senate Bill 3267, with House Amendment 1; Senate Bill 3695, with House Amendments 2 and 3; Senate Bill 3780, with House Amendments 1 and 2; Senate Bill 3803, with House Amendment 1. All passed the House, as amended, May 4th, 2010. Mark Mahoney, Clerk of the House. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 114. Offered by Senator Forby, and adopted by the House, April 28th, 2010. Mark Mahoney, Clerk of the House. It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? Will all Members under the sound of my voice please come to the Senate Floor? We’re about to go to substantial Senate action. We’re going to go to it right away so we can get you right on up out of here. Madam Secretary, Committee Reports.
Senator Frerichs, Chairperson of the Committee on Agriculture and Conservation, reports Motion to Concur with House Amendment 1 to Senate Bill 2573 recommended Do Adopt. 169 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Senator Delgado, Chairperson of the Committee on Public Health, reports Motion to Concur with House Amendment 1 and 2 to Senate Bill 3047 and Motion to Concur with House Amendment 1 to Senate Bill 3815 recommended Do Adopt. Senator Hunter, Chairperson of the Committee on Human Services, reports Senate Amendment 2 to House Bill 5306 and Motion to Concur with House Amendment 1 to Senate Bill 851, all recommended Do Adopt. Senator Maloney, Chairperson of the Committee on Higher Education, reports Motion to Concur with House Amendment 1 to Senate Bill 3630 recommended Do Adopt. Senator Wilhelmi, Chairperson of the Committee on Judiciary, reports Senate Amendment 1 to House Bill 4928, Senate 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 and Motion to Concur with House Amendment 1 to Senate Bill 3747, all recommended Do Adopt. Senator Meeks, Chairperson of the Committee on Education, reports Motion to Concur with House Amendment 1 to Senate Bill 3635 recommended Do Adopt. Senator Garrett, Chairperson of the Committee on Environment, reports Motion to Concur with House Amendments 1 and 2 to Senate Bill 2556 recommended Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports Senate Amendment 1 to House Bill 4647, Motion to Concur with House Amendment 1 to Senate Bill 2551 and Motion to Concur with House Amendment 1 to Senate Bill 3628 recommended Do Adopt. Senator Viverito, Chairperson of the Committee on Revenue, 170 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 reports Motion to Concur with House Amendment 1 to Senate Bill 3661 recommended Do Adopt. Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment 4 to House Bill 4623 recommended Do Adopt. Senator Martinez, Chairperson of the Committee on Licensed Activities, reports Motion to Concur with House Amendment 1 to Senate Bill 2602 and Motion to Concur with House Amendment 1 to Senate Bill 3094 recommended Do Adopt. Senator Haine, Chairperson of the Committee on Insurance, reports Senate Amendment 1 and 2 to House Bill 5085, Motion to Concur with House Amendment 3 to Senate Bill 660 and Motion to Concur with House Amendments 1 and 2 to Senate Bill 2819, all recommended Do Adopt. Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Amendment 3 to House Bill 5065 recommended Do Adopt. Senator Jacobs, Chairperson of the Committee on Energy, reports Senate Amendment 3 to House Bill 6419 and Motion to Concur with House Amendment 1 to Senate Bill 380 recommended Do Adopt. Senator Holmes, Chairperson of the Committee on Consumer Protection, reports Motion to Concur with House Amendments 1 and 2 to Senate Bill 3509 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR HENDON) I feel compelled to inform the Body, especially the side of aisle that I sit on, there are far more Republicans on the Senate Floor than Democrats at this moment, and if we tried to move anything, we could easily be verified off if it was 171 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 required. So will all Members under the sound of my voice please come to the Senate Floor? We want to take care of the substantial Senate action so we can leave. Madam Secretary, Resolutions.
Senate Resolution 818, offered by Senator Duffy and all Members. Senate Resolution 819, offered by Senator Brady and all Members. They are death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Resolutions Consent Calendar. Senator John Jones, for… I’m sorry, Senator Jones. More resolutions.
Senate Resolution 817, offered by Senator Jacobs. And Senate Resolution 820, offered by Kotowski. They are substantive.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones, for what purpose do you seek recognition, sir?
Thank you, Mr. President. Just a point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
I just wanted to verify that, yes, there is several Republicans on the -- on the Floor here. We’re always here on the Floor ready to do the people’s work and cooperate with you. 172 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 So let’s get it done and -- so we can go to dinner.
PRESIDING OFFICER: (SENATOR HENDON) I appreciate that, Senator Jones. But even though I’ve told the obvious that -- there are still a lot of Republicans missing as well. So I would appreciate if Leader Radogno would get her Members on the Floor. And we need to get all Members on the Senate Floor - I’ve said it for about the tenth time - so that we can handle the substantial Senate action and then you can go to your dinner. But I appreciate your cooperation. Jennifer Wessner, for the Illinois Statehouse News, seeks leave to video and film. Is leave granted? Leave is granted. Okay, we -- the Supplemental Calendar No. 1 has been distributed - printed and distributed. So we’re going to go to that. Will all Members under the sound of my voice, especially if you have a bill on -- that just came out, you need to be on the Senate Floor. Concurrence, final action. House -- Senate Bill 380. Senator Jacobs. 380. You want it now or you want it later? Out of the record. I’m not wasting any time. Senate Bill 660. Senator Kotowski. 660. Senator Kotowski. Out of the record. Do not -- I’m certain… All right, I’ll be nice. Senate Bill 851. I just recommend you come and be ready. I’m being nice. Senator Steans. 851. Out of the record. Senate Bill 2551. Senator Kotowski. Senator Kotowski, on the Floor? Out of the record. Senate Bill 2556. Senator Haine. Senator Haine. The always dependable Senator Haine, my man. 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 2556. 173 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Filed by Senator Haine.
PRESIDING OFFICER: (SENATOR HENDON) This is a concurrent {sic} motion on Senate Bill 2556 for Senator Haine. To the motion, Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill, as you recall, came out of the Senate some time ago and it defines what is not in a floodplain in my area, in Madison, St. Clair, Monroe counties. If the -- if the area is protected by a huge federal levee, the levee certified by current federal maps and there’s a flood protection district - if any one of those three things doesn’t exist, the law becomes void. The House added two amendments at the request of the -- of IDNR and IEMA, and with that they went neutral. There was another amendment adopted with everyone else becoming neutral. So there’s no one against the bill. Everyone is either for it or vehemently neutral.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? The question is, does the Senate concur in House Amendments No. 1 and 2 to Senate Bill 2556. All those in favor will vote Aye. All those opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. Senate Bill 2556, having received the required constitutional majority, the Senate does concur in House Amendments No. 1 and 2 to Senate Bill 2556, and the bill is declared passed. If we have time, we will go back to the bills that we have skipped, but we’re going to go through the Calendar first. Senate Bill 2573. Senator Frerichs. Madam Secretary, read the motion. 174 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2573. Filed by Senator Frerichs.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Frerichs, to the motion.
Thank you much. I appreciate your confidence in me, Mr. President. House Amendment -- No. 1 to Senate Bill 2573 retains the bill as passed by the Senate and removes the reference to Section 2.1.3 of the Uniform Engine Fuels and Automotive Lubricants Regulation as provided under the NIST Handbook 130. This was -- came about as a result -- request from the Petroleum Marketers. Be happy to answer…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator John Jones.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR HENDON) …the bill, Senator Jones.
This -- this bill left the -- the Senate and went over to the House. There was nineteen of the Senators voted against it. There’s not been much of a change in this. So I would just advise you to watch how you voted on the Senate bill before. You probably want to vote No again if you voted No before.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2573. All those in favor, 175 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Aye, 12 voting Nay, none voting Present. Senate Bill 2573, having received the required constitutional majority, the Senate does concur in House Amendments {sic} No. 1 to Senate Bill 2573, and the bill is declared passed. Senate Bill 2602. Senator Steans. Senator Steans. Out of the record. Senate Bill 2807. Senator Haine. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to -- to Senate Bill 2807. Filed by Senator Haine.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank -- thank you, Mr. President and Ladies and Gentlemen of the Senate. This is an initiative of our distinguished Secretary of State, Jesse White, his business section. And the House added a couple of technical amendments which do not change the underlying bill. And I would ask for a -- a concurrence.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2807. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 2807, having 176 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 received the required constitutional majority, the Senate does concur in House Amendments {sic} No. 1 to Senate Bill 2807, and the bill is declared passed. Senate Bill 2819. Senator Haine. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 2819. Filed by Senator Haine.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. These House amendments were added at the request of Representative Frank Mautino and the life insurance folks. And it -- it adds provisions and creates a mechanism to establish proof of death for purposes of collecting a life insurance benefit.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, does the Senate concur in House Amendments No. 1 and 2 to Senate Bill 2819. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 and No. 2 to Senate Bill 2819. And Senate Bill 2819, having received the required constitutional majority, is declared passed. Senate Bill 3047. Senator Koehler. Senator Koehler, sir. Madam Secretary, read the gentleman’s motion. 177 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 3047. Filed by Senator Koehler.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. The Amendments 1 and 2 add just very specific groups. One is labor and the other is pharmaceuticals, as well as hospitals. I’d appreciate your consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Syverson.
Thank you, Mr. President. The underlying bill we’ve had before and this is the implementing of the -- the federal Obama care plan. And, obviously, there are a lot of concerns and a significant amount of cost to the State of Illinois and to the State of Illinois taxpayers. So, while these amendments make some small changes in it, it doesn’t -- doesn’t affect the underlying cost of a program that the State cannot -- definitely cannot afford to implement at this time.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, Senator Koehler, to close.
Well, I just would say, it is the law of the land at this point. And the question on this bill is, do we want to be ready or not? 178 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall the Senate concur in House Amendments No. 1 and No. 2 to Senate Bill 3047. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 16 voting Nay, none voting Present. Senate Bill 3047, having received the required constitutional majority, the Senate does concur in House Amendments No. 1 and No. 2 to Senate Bill 3047, and the bill is declared passed. Senate Bill 3094. Senator Lightford. Senator Lightford. Out of the record. Senate Bill 3386. Senator Wilhelmi. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3386. Filed by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move to concur with House Amendment No. 1 to Senate Bill 3386. It makes a technical change and I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, does the Senate concur in House Amendment No. 1 to Senate Bill 3386. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all 179 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 3386. And Senate Bill 3386, having received the required constitutional majority, is declared passed. Senate Bill 3509. Senator Haine. Madam Secretary, please read the fine gentleman’s motion.
I move to concur with House in the adoption to their Amendments 1 and 2 to Senate Bill 3509. Filed by Senator Haine.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an amendment attached after an initiative of the -- of, I believe, the nurses and -- and -- and another group to raise their comfort level with the bill and remove their opposition.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate -- does the Senate concur in House Amendments No. 1 and No. 2 to Senate Bill 3509. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 and 2 to Senate Bill 2509. And the bill, having received the required constitutional majority -- 180 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 3509. And Senate Bill 3509, having received the required constitutional majority, is declared passed. Senate Bill 3628. Senator Lightford. Senator Lightford. Out of the record. Senate Bill 3630. Senator Sullivan. Madam Secretary, read the gentleman’s motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3630. Filed by Senator Sullivan.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. I would like to concur with House Amendment No. 1, which the underlying bill said that a veteran who became an Illinois resident soon after leaving service and has lived in Illinois for more than thirty years, that they would be eligible for the MIA/POW scholarship. Working with the House sponsor, we further tightened the qualifications and put a four-year sunset on the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, does the Senate concur in House Amendments {sic} No. 1 to Senate Bill -- 3630. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 1 voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 3630. And the bill, having received the required constitutional majority, is declared passed. Senate 181 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Bill 3635. Senator Noland. Madam Secretary, read the gentleman’s bill {sic}.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3635. Filed by Senator Noland.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President. Senate Bill 3635 which -- required at least sixty percent of transitional bilingual education funding received to {sic} the State be used for instructional costs of the program. The amendment from the House just simply reiterates this, that transitional bilingual education funding received from the State must be used for the instructional costs of transitional bilingual education. And I would, for the sake of legislative intent, want to state for the record that the intent here is for the money to be -- not to fall below sixty percent obviously, but that those who are currently complying in excess not drop down to the sixty percent. Thank you very much.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3635 -- does the House concur -- does the Senate concur in House Amendments {sic} No. 1 to Senate Bill 3635. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are -- 53 voting Aye, none voting Nay, none 182 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 3635. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 3661. Senator Bond. Senator Bond. Madam Secretary, read the gentleman’s motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3661. Filed by Senator Bond.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Thank you, Mr. President. This concurrence motion allows veterans’ organizations to obtain lottery tickets from the Illinois State Lottery and resell them at their store at face value. And they earn a -- a -- two percent of the ticket price. And that fund goes to the Veterans’ Assistance Commission.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, does the House -- does the Senate concur with House Amendments {sic} No. 1 to Senate Bill 3661. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 3661. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 3747. Senator Wilhelmi. Madam Secretary, read the gentleman’s motion. 183 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3747. Filed by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President. House Amendment No. 1 adds to the list of exceptions to the definition of transfer fee covenant. The exception allows for any fee, charge, assessment or other amount payable to a 501(c)(3) organization whose purpose includes the preservation of land, natural areas, or other biotic communities located within the same subdivision or planned unit development. This exception comes out of a situation in Senator Garrett’s district. And I know of no opposition and I ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, does -- I mean - I’m sorry - Senator Lauzen.
I’m sorry, Mr. President. I was very late on that switch and I appreciate your indulgence. I had a question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen.
Senator, I have a -- a constituent back home who asked me to oppose this bill and he says that the concept is similar to issuing school bonds to more fairly apportion the cost over 184 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 future families instead of burdening initial taxpayers with a hundred percent of the cost. He says although some states have voted in favor of the ban, California and Texas - the only two states who had open and public debate on the issue - overwhelmingly reject -- rejected a ban. Can you help me sort that? You’re an expert on this bill and we’re seeing it and it’s going like this, and so can you unscramble that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Senator, I believe that you may be mixing two of the bills that I’ve had. And I -- I will be happy to talk to you after this and clarify your question, but this would be a ban on transfer fee covenants. And so the -- the rationale behind that in the underlying bill is that we don’t want to have a cloud on title that will basically be like an annuity to the original developer for generations to come. This won’t have any impact on school districts. So, again, I’d be happy to talk to you after this debate.
PRESIDING OFFICER: (SENATOR HENDON) Any further discussion? Seeing none, the question is, does the Senate concur in House Amendment No. 1 to Senate Bill 3747. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, 2 voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 3747. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 3815. Senator Bond. 185 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Madam Secretary, read the gentleman’s motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3815. Filed by Senator Bond.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Thank you, Mr. President. This makes a couple of minor changes to the Public Benefits (Fraud Protection) Task Force. Simply swaps out the placement of the Auditor General for the Inspector General and we add two really important perspectives to this task force. One is a frontline employee and one is a member from Illinois business. Ask for concurrence.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, does the Senate concur in House Amendments {sic} No. 1 to Senate Bill 3815. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill -- 3815. And the bill, having received the required constitutional majority, is declared passed. We’re going to go back through the top of the Calendar for those who were making their way to the Senate Floor. We’ll start with Senate Bill 380. Senator Jacobs. You ready, sir? Madam Secretary, read my friend’s motion.
186 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 380. Filed by Senator Jacobs.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Thank you, Mr. President. Senate Bill 380 amends the Power Agency Act and Public Utilities Act by providing an option for the purchase of reusable energy. The bill does not mandate the purchase of reusable energy, nor does it give a preference in any way to one energy over another. It just simply allows people who want to use this energy to purchase it.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Meeks. I mean, Senator Delgado.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Delgado.
Senator Jacobs, ninety-nine percent of the time I’m going to be on your side. This one I have a little concern in terms of public health and tire burning. I really believe -- for a question. Have there been any attempts to find alternative ways of disposing of tires other than burning them in this State, do you know?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
187 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Currently, sir, the EPA has reviewed and approved this process. Currently, they are burning tires in Illinois, and irregardless of whether we allow the utilities to purchase this as an option, they’ll continue to burn the -- the tires in Illinois. So this is not a bill about burning tires. It’s a bill about will you allow the people that are burning the tires to turn that -- turn that into energy. And that’s the question. Because there’s no other way to dispose of these tires. The City of Chicago, alone, creates twenty thousand tires a day and there’s millions and millions of these tires. And if we don’t do something, we’re going to continue to have the kind of health risks we’re finding with -- with the West Nile virus.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.
Yes. But, Mr. -- Senator Jacobs, you do have in here, it would remove the express prohibition in the law against considering the burning of tires as a renewable energy resource. So it actually removes the prohibition of -- of the type of -- of the amount of tires, but -- it just removes the prohibition against considering the burning of tires. So we -- so I want to -- to the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir.
Briefly here, what I’m trying to do is go forward. For Senator Jacobs, I know what he -- he’s -- a very noble cause. I will have to vote -- this -- Illinois should be moving forward and creating new economies, especially in the workforce 188 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 development in the south. There are experiments out there in the world, like in Australia, where we could create a wonderful -- workforce for IBEW. ComEd or Ameren would make a mint if we would use electricity to be able to zap tires and turn ‘em back into power without any incineration, without any black smoke, because, to be honest with you, I believe it’s sort of a Flintstone burning of tires. I’d rather deal with the Jetson concept of non-incineration of -- of electrical -- burning electrical tires or zap. You can go ahead and take out the -- the -- the steel belt with a noncorrosive acid. So we can do those kind of things. I would hope we would be trying to find innovations creating workforce down here as an alternative to prison work. And these would be highly paid positions and they could work three shifts. And I would just wonder why we’re not exploring those things and pretty much staying where Illinois basically -- and, by the way, we would have other states bring their tires to Illinois and we would be creating a new economy down here in the south and we -- we could do this. And we tried doing this ten years ago under the George Ryan administration, but DCEO said there wasn’t any kind of start-up money and you could take a truck tire and -- and reduce it to a -- a bottle of -- of dust. And you can make new products of it. Would be great for the IMA. So I have to say that I’m going to be voting Present ‘cause you’re my colleague, but I want this to stir a conversation of innovation and thinking about what we can do to help. And the Illinois Chamber of Commerce should be thinking this way. What other economy should we be trying to create so that we can make sure that the prison job is not the first job and that they would have a competitive opportunity to find a 189 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 better job? And so therefore I just wanted you to know that. So, Senator Jacobs, I politely will have to -- I will just vote just Present on this and would love to talk to you about future innovations.
PRESIDING OFFICER: (SENATOR HENDON) The Chair would appreciate succinct discussions. Senator Meeks.
Thank you so much, Mr. Chairman. To the bill: Ladies and Gentlemen of the Senate, this particular plant is in my district and it would bring a hundred thousand dollars a year to the depressed community of Ford Heights. This bill is not a change in anything that we’re doing now. We have been operating this plant for the last five years. Nothing changes, according to this bill, except for a definition and we can now, under this bill if it becomes law, define what we’re doing as renewable energy. If we defined it as renewable energy, then -- then the plant can apply for federal money and we’ll have more federal dollars. And that’s the only thing that the bill does is -- is allow a plant to call this renewable energy. We’ve been doing it for five years. If the bill doesn’t pass, we’re going to keep doing -- burning these tires. And so it has nothing to do with the environment, it has to do with a definition change. I urge an Aye vote. The people down in Ford Heights, we really need this because businesses are leaving and the last thing we need to do is to have another business or plant leave Ford Heights.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon. 190 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you, Mr. President. To the bill: I certainly would like to -- to help the Village of -- of Ford Heights, and I know that my esteemed former seatmate has only the best intentions for the community he represents. But in saying this bill doesn’t do anything other than change a definition, that’s exactly what it does; it changes a very important definition. It defines the burning of tires as renewable energy. That is not renewable energy - I think the sponsor would agree. It’s creating within the definition the subcategory for reusable resources. I understand the impetus. I understand the importance of economic development and I’m not opposed to that. All I’m opposed to is the way this bill erodes a carefully crafted definition of “renewable energy”, one many of us worked on long and hard and are very proud of. So I would urge a No or a Present vote. I appreciate the sponsors trying to advance this. I appreciate the Senator who represents the -- the plant is trying to protect his community. But the method here is wrong and I -- I think we could do it differently. I think we could do it better. I think we could achieve the result. But the erosion of the process we’ve made is unwarranted. And I, again, urge a No or Present vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Thank you, Mr. President. I agree with Senator Harmon. I think that we’re undoing the -- the renewable portfolio of a bill that we passed in 2007. And I think there’s a different way to do this. I -- I -- I certainly appreciate the need for 191 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 jobs in -- in every area of the State and -- and certainly would work to help in that area. I don’t think this is the way to go though. I think this is a backward step.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs, to close.
I’d just like to make two simple points. First, if we don’t pass this bill, they will be burning tires tomorrow in Ford City -- Ford Heights, excuse me. Second -- second, I find it interesting that the very folks who fought hard for these renewable energy standards, such as my -- my good friend, is now protecting that special interest that we’ve created. The fact is, the incumbent utilities don’t want these folks, these wind folks, these solar people, in their business, and the wind people want in their business. Now the wind people and the solar people don’t want these people in their business. I guess what comes around goes around. No bill is perfect. I pledge to work in these hearings that I’m about to hold to find out what is renewable energy. But I want to tell you what I found out so far about renewable energy: That means that they want your money. That’s what renewable energy means. Because, you know, the fact is that these folks have a right to do this product. They’re currently doing it. Whether or not we approve them to - - to have an option - an option - it’s not a mandate like the wind folks got or the solar folks got. It’s not that kind of special interest. It’s an option. Let’s give these folks an opportunity to make money in this poor community. Let’s give these folks a chance to show us that it works. We can come back here next year if it turns into a problem. I ask for an 192 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 affirmative vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 380. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 17 voting Yes, 26 voting Nay, and 6 voting Present. Senate Bill 380, having failed to receive the required constitutional majority, the motion fails. Senator Kotowski, on Senate Bill 660. I mean -- Senator Collins, for what purpose do you seek recognition, dear?
Thank you, Mr. President. Point of correction. I’m sorry. I came in late. I would like to be recorded as a No on that last bill. I’m sorry. I just ran in. I didn’t know what I was voting on. Can I be recorded as a No?
PRESIDING OFFICER: (SENATOR HENDON) On Senate Bill 380, the record will so reflect. Since I was in the Chair, I would like the record to reflect my intent to have voted Present on Senate Bill 380. The record will so reflect. Senator Kotowski. Madam Secretary, read the gentleman’s motion.
I move to concur with the House in the adoption of their Amendment No. 3 to Senate Bill 660. Filed by Senator Kotowski.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski. 193 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This House Amendment No. 3 -- I move to concur on House Amendment No. 3. It’s agreed-upon language. We passed it out of the committee unanimously and we’ve dealt with a lot of the technical issues that were presented with the bill.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Burzynski.
Thank you, Mr. President. Senator, just very, very quickly, I know that this bill does include some new fees, does it not?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Yes, it does.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. I’m -- I’m not sure whether we clarified this in committee or not, but are the fees subject to fund sweeps by any chance?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you for your question, Senator Burzynski. It’s my understanding that they are not. These are fees that were agreed upon by the public adjusters’ association to help the legislation that passed, which is going to regulate the public 194 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 adjusters, be able to be enforced.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
So -- so, in other words, there’s language in the bill that says they cannot be swept?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you. No, not -- not in the language of the bill, but in the fund that it goes to, it would be in existing law.
PRESIDING OFFICER: (SENATOR HENDON) To the bill -- Senator Burzynski, to the bill. Clearly, it could be swept. We -- you heard that. Senator Burzynski.
Thank you. That was the clarification I needed. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski, to close.
Mr. President, thank you for your clarification. I’d simply ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall the Senate concur in House Amendments {sic} No. 3 to Senate Bill 660. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 41 voting Aye, 12 voting Nay, none voting Present. The Senate concurs in 195 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 House Amendments {sic} No. 3 to Senate Bill -- 660. And the bill, having received the required constitutional majority, is declared passed. Senator Kotowski, on Senate Bill -- we’re going to Kotowski. 2551, sir. Madam Secretary, read the gentleman’s motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2551. Filed by Senator Kotowski.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski, do you want to proceed? Senator Kotowski, to your -- to your motion, sir.
I move to concur on House Floor Amendment No. 1. It’s simply a -- a clarification that if there’s the investigation, arrest or arrests and prosecution leading to the forfeiture by the Attorney General, the portion provided from that fund shall be paid to the Attorney General’s Whistleblower Reward and Protection Fund. This is a -- a bill that we’ve worked on for two years in this Chamber here - for two years. It basically allows us to confiscate campaign funds and assets from people who have been convicted of graft, fraud and corruption in the State of Illinois. I would like to commend Senator Dillard for his suggestion to best address this bill and make it as comprehensive as we can dealing with federal violations as well. It’s a great way to end graft, fraud and corruption in our State.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, 196 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 does the Senate concur in House Amendment No. 1 to Senate Bill 2551. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 2551. And the bill, having received the required constitutional majority, is declared passed. The Committee on - - we are at the -- close to the end of our business for the day. I’m sorry. Senator Lightford, on the Supplemental? Supplemental Calendar. Okay. We’re going to do Senator Lightford’s bill on the Supplemental Calendar. Senate Bill -- she was in the Chair all day, so we will grant her that. 3094. I’m sorry, which one first? She has two. 3628. We’re going to go to that one first? Well, we’re -- let’s go -- 3094. 3094. Let’s go to that one first, Madam Secretary. Madam Secretary, please -- read the lady’s motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3094. Filed by Senator Lightford.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford, on Amendment No. 1 concurrence. Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 1 deletes the provisions that would allow the two residential interior design professionals to serve out their term on the Department’s board, even though the positions 197 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 are eliminated. And it also sets a firm quorum requirement for the board. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, does the Senate concur in House Amendment No. 1 to Senate Bill 3094. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 3094. And the bill, having received the required constitutional majority, is declared passed. We’re going to Senator Lightford, on Senate Bill -- I’m sorry. Senator Althoff, for what purpose do you seek recognition?
Thank you, Mr. President. Might the record show that I intended to vote Yes on 3094?
PRESIDING OFFICER: (SENATOR HENDON) Record will so reflect your intentions to vote Yes on 3094. Senate Bill 3628. Madam Secretary, read the lady’s motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3628. Filed by Senator Lightford.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment actually becomes the bill. It’s an 198 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 initiative of the Cook County Publics Defender {sic} Office. It adds that the Cook County Public Defender and a public defender from a county other than Cook to the membership of the Illinois Criminal Justice Information Authority. Currently, it’s a twenty-one-member board. Eight are from the prosecution side, five are from the law enforcement side, and there is only one, currently, public defender. We’d like to add two more from across the State. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Duffy.
Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Duffy.
Are these paid positions on the board?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
It’s nonpaid, Senator.
PRESIDING OFFICER: (SENATOR HENDON) The question is, does the Senate concur in House Amendment No. 1 to Senate Bill 3628. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 3628. And the bill, having received the required constitutional majority, is 199 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 declared passed. Will the Committee on Assignments please come to the President’s Anteroom? The Committee on Assignments please come to the President’s Anteroom. The Senate will stand at ease till after the Committee on Assignments meets. If they will meet promptly, you can go to dinner. If the Committee on Assignments will meet promptly, you can go to your dinners promptly. Will all members on the Committee on Assignments please come to the President’s Anteroom? Mr. President and all members of the Committee on Assignments, we need you in the President’s Anteroom immediately. My stomach is growling. I don’t know about yours. Will all members on the Committee on Assignments please come to the President’s Anteroom immediately? The Senate will stand at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Madam Secretary, Committee Reports.
Senate President Cullerton, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Financial Institutions Committee - Motion to Concur with House Amendment 1 and House Amendment 2 to Senate Bill 2996 and Floor Amendment 2 to House Bill 537; refer to the State Government and Veterans Affair Committee - Motion to Concur with House Amendment 1 and House Amendment 2 to Senate Bill 3780, Motion to Concur with House Amendment 1 to Senate Bill 3267, and House Joint Resolution 114. 200 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 Signed by Senate President John J. Cullerton.
PRESIDING OFFICER: (SENATOR HENDON) Tomorrow morning at 9 a.m., the Financial Institutions Committee will meet in Room 400 - tomorrow morning at 9 a.m. State Government - State Government will meet tomorrow morning at 8:30 a.m., 8:30 a.m., in Room 409. You get in early, you get out early. We are getting very close to allowing you to go home -- I mean, go to your dinner engagements, which I know you are waiting to go to. So we’ll be at that order in just a few moments. Give us just a few moments more and then you can go to dinner. Reverend Meeks is buying for the entire Chamber. He had a good love offering Sunday. He preached a wonderful sermon and they showed him that they appreciate it. I want to preach Wednesday just so I can get the love offering and come back. Is today Wednesday? No. I’ll do that tomorrow. Okay. Senator… Once again, the Committee on Financial Institutions will meet tomorrow morning at 9 a.m. - tomorrow morning at 9 a.m. And State Government -- in Room 400. State -- right. And State Government will meet at 8:30 a.m. in 409. Senator Meeks, for what purpose do you seek recognition, Pastor?
Mr. President, thank you so much. The sermon wasn’t that good and I’m just buying a hot dog for you.
PRESIDING OFFICER: (SENATOR HENDON) What did you preach on, Rev?
I think I preached on an open door in Heaven. And -- but, it still -- the offering wasn’t that good, but I can afford a hot dog for you. As a matter of fact, one hot dog for us, and 201 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/4/2010 we’ll have to split it.
PRESIDING OFFICER: (SENATOR HENDON) Hot dog is not going to get you into Heaven, Pastor. Just ain’t going to make it. The good Lord needs steak. All right, we… There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m. on the 5th day of May, 2010. The Senate stands adjourned. 202