Illinois Senate Floor Debate — May 7, 2010

PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 96th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Randall Gordon of the Greeter {sic} (Greater) Christ Temple in Bradley, Illinois. Pastor.

PRESIDING OFFICER: (SENATOR DeLEO) Please remain standing for the Pledge of Allegiance. Senator Maloney, to lead in the Pledge, sir.

(Pledge of Allegiance, led by Senator Maloney)

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

PRESIDING OFFICER: (SENATOR DeLEO) A very good morning to you, Senator Hunter. Senator Hunter.

Good morning to you as well, Mr. President. I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter moves to postpone the reading and approval of the Journals, pending the arrival of the printed 1  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 transcripts. There being no objection, so ordered. Senator Viverito, for what purpose do you seek recognition? Madam Secretary, Committee Reports.

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

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, within -- all Members within the sound of my voice, we’re about to go to Secretary’s Desk, Concurrence. Final passage. Substantive. Final passage. I ask all Members please report to the Senate Floor immediately. Senator Garrett. Good morning, Senator Garrett. Are you seeking recognition, ma’am?

Yeah. Yes, Mr. President. After that long day’s journey into night, I’m here ready to go with my Page for the Day.

PRESIDING OFFICER: (SENATOR DeLEO) Please give the lady your attention, please. Senator Garrett.

Yes, I am honored to have Sydney Burdick from Northbrook, a fifth grader from Greenbriar School, spend the day and help me vote on this interesting budget that we are faced with. So, if we could give Sydney a warm welcome, that would be in order.

PRESIDING OFFICER: (SENATOR DeLEO) Be welcomed to Springfield. Welcome to the Illinois Senate.

Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Cindy {sic} - Cindy {sic} - do you know who Justin Bieber is? He’s -- he’ll be here later. He’ll be here later. He -- he’ll be -- he’s fly -- he’s flying in with Taylor Swift. Okay, Ladies and Gentlemen, I’d ask you to turn -- go to the printed Calendar, page 36. On the top of page 36 is Secretary’s Desk, 3  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Concurrence on Senate Bills, comes Senate Bill 28. Senate Bill 28. We have a request for permission to videotape the proceedings from Illinois Statehouse News. Seeing no objection, leave is granted. Okay, Senate Bill 28, out of the record. Ladies and Gentlemen, I’d ask you to turn your printed Calendars to page 35 - page 35 of the printed Calendar. On the bottom of page 35 is Secretary’s Desk, Resolutions. Senate Resolution 801. Senator Silverstein, do you wish to proceed, sir? He indicates he does. Madam Secretary, read the gentlemen’s resolution.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Silverstein, to the resolution, sir.

Thank you, Mr. President. We’ll -- we’ll turn gears here to foreign policy. On April 25th of -- since 2006, in Israel, a soldier by the name of Sergeant Shalit has -- was captured and has been held a prisoner of war by Hamas militants. On April 25th, Hamas released a animated film bearing a -- a grisly message for Israel - that if Israel does not meet their demands, the Sergeant will return in a coffin. And it was a horrible cartoon. It was produced by Hamas. The resolution just condemns the video and asks that the United States, as well as other citizens, condemn the film released by Hamas. Interesting enough, just two days after the release of the video, Israel allowed the daughter of a Hamas top security official in Gaza to pass through Israel on her way to -- for medical treatment in 4  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Jordan. So, Israel is acting in a humane way. Unfortunately, the others are not acting in a humane way. I ask for adoption.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Resolution 801 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 Ayes, 0 voting Nay, 0 voting Present. Senate Resolution 801, having received the required constitutional majority, is declared passed. Okay. Okay, Ladies and Gentlemen, we’ll go -– continuing on the printed Calendar, on page 36, on the top of page 36, is Senate –- Secretary’s Desk, Concurrence on Senate Bills. Senate Bills {sic} 28, on the Order of Concurrence. Senator Cullerton, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary. Ladies and Gentlemen, can we take our conferences off the Floor, please? Will the Members please be at their desk? Senator Millner, will you join us? Senator Martinez, how are you this morning? Madam Secretary, read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to the motion, sir.

5  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Yes, thank you, Mr. Speaker {sic}, Members of the Senate. Good morning, everybody. Hope everybody had a nice sleep last night. This is the McCormick Place bill. And procedurally, we would wish to concur with the three amendments that were passed in the House. We had heard this bill in Executive last night as House Bill 4976, and that bill is identical to the bill that the House passed. So that’s why we -- we wish to procedurally call this bill, which has already passed the other Chamber. So this contains the reforms of the Metropolitan Pier and Exposition Authority. Creates a new governance structure for McPier. There’s a number of ethics and audit provisions. Also offers some incentives for McPier, as well as the Stephens Convention Center in Rosemont. It does establish, by statute, new rights and rules for exhibitors and labor to make McPier more efficient and friendlier towards shows and -- and conventions. It also sets up a -- something which had been done years ago - that is, to create a trustee. In the past, there was a need for this and former Governor Ogilvie was named as a trustee. In this bill, we name Jim Reilly a trustee, who would serve and have the powers and duties of the -- of the Board and the CEO and run the day-to-day operations for a year and a half. We set up an interim board. The appointments are shared by the Governor and the -- the Mayor. And then after that period, we have a nine- member Board. Chicago Convention and Tourism Bureau would be - which is a not-for-profit organization - would be reconstituted. We’d have the -- make sure we have conflict of interest and -- provisions apply to them as well, and have a chairman select an Executive Committee. This board is currently funded in part by a -- a -- a tax or fee on transportation to the airports. And 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 that would be doubled and that money would be shared both by McCormick Place as well as Rosemont. Strong ethics provisions are put in -- in this bill - apply to the trustee, the interim board members, and employees, and the spouses. And the Governmental Ethics Acts, of course, would apply as well. And revolving door prohibition for the trustee and board members would be included. The exhibitor rights is a key part of the bill. We want to send a message to the exhibitors and to the show managers - they should not cancel their shows at McCormick Place, but rather come to McCormick Place. We do -- we do this by putting kind of house rules in the bill that would apply to exhibitors and labor. We allow folks that come to set up their own booths, under certain limitations as to what they can use to set their own booths up. But we let them do that and then, of course, if anything’s more involved or complicated, then, of course, they would use the -- the union labor that is available. The cost, as a result of this, will come down. And we’re also saying, though, to the contractors and the show managers, that the savings that we get from these work rule changes must be passed on to the exhibitor. We limit certain hours that people can be paid a certain amount of money. We make sure that the electrical contractor, the in-house contractor, would not be -- after they provide their services, not have McCormick Place overcharge the exhibitors, which has been the case. It’s also been the case with regard to the food services. They -- the exhibitors have been overcharged. So we end that practice, and as a result, there’s no markups. We provide a way in which -- if there’s fights about labor jurisdiction, we have a -- an advisory council that would help mediate those tasks. We do 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 also call for an audit, semiannually, to make sure that these reforms, again, are passed on to the exhibitors. The incentive grant, which is a excellent bill that we passed a few years ago that would allow for McPier to entice trade shows to come to Chicago or, in this case, also Rosemont, is -- is doubled, so that we can use this money to help encourage conventions to come here. And then after they come here, this fund would be used to reimburse the convention centers. With -- with this, also there’s a -- there’s a bonding restructuring. We’re doing that because, as it turns out, the funds that are used to pay off the bonds now are -- are failing to -- to provide enough money and, as a result, the State is on the hook. So what we’re doing is we’re kind of refinancing these bonds, stretching out the payment and -- and, as a result, we’re able to actually help the State and not having to have as much of a drain. We also say that the Authority can, if they want to - this is permissive - they can actually enter into a licensing agreement for naming rights for the building and the facilities in an effort to raise more money. So, it’s an excellent bill. We’ve been told by everybody involved that this is really going to be a game changer. This is really going to send the message to not lose any more conventions from McCormick Place, but rather really be an attraction for more shows. And I’m very happy to answer any questions. Would urge an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Mr. President. Is there any discussion? Senator Dillard, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Further discussion? Senator Rutherford, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question. Senator Cullerton. He indicates he’ll yield for a question. Senator Rutherford.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Yes.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Senator, this particular issue I think was grossly misunderstood when it was first discussed. What -- right now, there’s two major contractors that are used. The show managers contract with them and they put the shows on. We noticed that out in Rosemont, they have a different model. They actually have established their own contractor. So, the idea was, why don’t we give the option, the option, to McCormick Place; if they wanted to create their own in-house contractor, that they would be allowed to do that. And people were very upset about that, for some reason. So, we just took it out. So, I don’t 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 know that there’s anything that precludes the -- McCormick Place, in the absence of any statute, to throw that option out there. I -- I don’t know. But, in either case, at their request - the show managers, the exhibitors, the people we’re trying to attract - they wanted it out; we took it out.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Well, I don’t know if I have an answer for the technical legal question that you’re asking. I would say as a practical matter, as -- as we saw all of the concern of the show managers, that not to have any -- they like their contractors that they’re using now; they want to stay with them. I would think the trustee, knowing that, would not entertain the need for any new contractor.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford, anything further? Nothing further? Further discussion? Further discussion? Senator Pankau, for what purpose do you seek recognition, ma’am? 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Yes, Amendment No. 4 that the House added makes the bill identical to the one that we debated in the committee yesterday.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 It’s five thousand and above, which is what our intention was all along.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Further discussion? Senator Raoul, are you seeking recognition on this motion, sir?

I am, sir. To the bill.

PRESIDING OFFICER: (SENATOR DeLEO) To the -- to the motion, sir.

To the motion rather. I too want to echo the words of Senator Dillard. I think this is a demonstration of what we can do down here on a bipartisan basis. I was part of the committee that met over the spring break, and it just so happens that Navy Pier and McCormick Place lie within my district, but this is not a parochial issue by any means. McCormick Place and Navy Pier impact way beyond the -- the lines of my district. For the past couple of General Assemblies, I’ve brought before this Chamber bills to restructure McCormick Place’s debt to keep their nose above water so we can keep the visitor industry and the convention industry in the City of Chicago, State of Illinois, thriving on behalf of not just the residents of my district, not just the City of Chicago, but because it has tremendous economic impact on the entire State. I must say, coming up to this point, there was an awful lot of -- of finger-pointing going on 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 and it’s -- it’s -- and it was said, during the process, that everybody needs to put a little bit of skin in the game, and I think this final result has that to a great extent. It’s often mentioned that we’re competing with Orlando and Vegas and Toronto, the major convention cities. But what we learned in the hearings is, due to the economy, we’re not only competing with the major convention cities, we are also competing with some second-tier cities, because some of these conventions have been getting smaller. We also learned that -- that our labor force, here in Chicago, is one to be valued. A lot of finger- pointing was singularly directed towards labor, but we learned that in some of the other convention cities, they import our Chicago labor to work in Orlando or in Vegas, because we have the best labor here in the City -- in -- in the State of Illinois. They know how to do this work better than anywhere else. The incentive grant that’s within here, that expands upon an incentive grant that had passed out before, is something else to be applauded within here. The jobs that we preserve are critical, the economic growth. The notion that the savings ought to be passed on should be highlighted and exclamated. Highlighted and exclamated in avoiding unnecessary markups. One of the things that is not in here that we have been talking, in particular Members of the Legislative Black Caucus, Latino Caucus, as we talk about labor and as we talk about how this -- McCormick Place impacts not just my district and not -- it impacts the entire State of Illinois. I’d like to reiterate that Illinois is a very diverse state. And as we look at reforming, we need to look at reforming in a manner that the diversity as reflected in the communities that immediately 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 surround McCormick Place can partake in the economy of McCormick Place. No matter what labor force we are talking about, it should -- it should not be overly concentrated in just the service industry jobs. There should be access for people of all backgrounds from our diverse State to all of the jobs. I applaud you, President Cullerton, and I applaud Leader Radogno, Representative Saviano, the Speaker, Representative Harris, who had specific knowledge of the industry. I think we should have all green lights on -- on -- on this bill and we should all smile on this after a night -- or, early morning that we had last night, with contentious debate. This is something that should be celebrated and hopefully can also be reported as good news and reflective of how we can work on a bipartisan basis. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Further discussion? Senator Murphy, are you seeking recognition on this motion, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Our last person seeking recognition on this matter, Senator Delgado, and then President Cullerton to close. Senator Delgado, for what purpose do you arise, sir?

A question of the sponsor.

PRESIDING OFFICER: (SENATOR DeLEO) The sponsor indicates he’ll yield for a question, sir. Senator Delgado.

President Cullerton, and -- and I do understand the need to address the concern at McCormick Place and Navy Pier. And I have brought you my concerns. So -- but you have to -- I need to ask some questions. And -- and help me understand, when we talk about the economic side - and I put that in perspective as 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 to not losing shows and making sure that we’re solvent - but help me understand, if -- the carpenters, for example, how will we deal with that workforce? Who will these workers be and what process will be set up at -- if this and when it becomes law? Can you help me understand just a little bit as to how that will be? Who will set up these shows?

PRESIDING OFFICER: (SENATOR DeLEO) President Cullerton.

Thank you very much. First of all, we should keep in mind that this bill, and these conventions that we’re going to attract because of this bill, generate money throughout, really, the whole State. It’s not just the people working in the house. It helps -- it fills the hotels. It provides work for people who supply food to the hotels and people who drive the taxicabs. So it helps everybody - the entire economy, I would -- I would argue. Specifically, we have individual unions that are hired by the contractors. And in the case of the electricians, they’re hired by the -- by the house. In the case of the food contract, they put it out for bid and the winning bidder goes out and hires those -- those union people. So they are union people. And we have -- the diversity of the workplace varies based on -- on those individual unions. They involve riggers, decorators, teamsters, electricians, -- people from the hotel restaurant union. So, they have their own diversity. We have a provision in here that allows for what’s called “call by name”. So an exhibitor can specifically ask for specific types of workers who they’ve worked with in the past. And -- and in that regard, we make sure that there’s no discrimination. We put 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 that in the bill to make sure that they don’t discriminate any particular race or ethnic group. So, that’s how it works. I think generally speaking, because of the totality of the bill, because of the money that it will continue to bring in, the entire economy works and everyone benefits.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Delgado.

And -- and I -- and I appreciate your -- your answer, Mr. President, and that leads me to -- and I’ll be brief; I’m not going too far. However, when we talk about those populations, as I had in my experience with Soldier Field, when I had my experiences in the Deep Tunnel - I have experiences even with amusements in this State - and I find many folks who -- come from out of the State. What -- do you know -- and -- and for the fact that I haven’t had the experience with labor -- I should say with McCormick Place or others having a real -- seen any kind of substantive population of minorities. And the fastest-growing population in our City and State are Latinos, and my concern is now, that everyone continues to say how expensive this is. Well, my community wasn’t at the table. They were on the menu. And, being on the menu, I’m really concerned because this could be a slippery slope. And I did reside in another state once upon a time and it was a right-to- work state. And I’m getting very concerned that in the next twenty years, when there’s people like -- maybe someone who looks like me in those positions, and in your position, what kind of state are you -- we going to have left for us? Because they -- we didn’t come out of those wards that made a lot of 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 money and those three pensions. We didn’t share in any of that, nor would we have wanted to, because we were the ones out there trying to get in. And at the end of the day, Mr. President, I’m concerned in the long term, and I’m concerned where we’ll be as -- as a population in 2020 and what’s going to be there. Because it seems like everyone’s finished at the trough, and I’m getting a little concerned because these are real workers that make thirty to thirty-five thousand dollars. And -- so I guess the last question is, in this legislation, is there any amount of -- any addressing the -- as to not throwing the baby out with the bathwater? And I’ve heard comments of, you know, it’ll take a carpenter just to move a ladder, or -- or a plug into a wall and the high-paid electricians. Have we renegotiated any of that with them at all? Can you help me understand that, because I really don’t know the answer?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Senator, if you’re talking about -- I think what you’re talking about is the exhibitor bill of rights - exhibitor bill of rights. And we -- we give -- and this is a very important part of the -- in the bill. I just want to give you some examples. We say that in order to control costs and increase competitiveness, there are certain rules that apply to this house. And what we say, for example, is an exhibitor can use a -- a ladder or hand tools and they can set up their own booth. If it gets more complicated and they need -- they can’t do it with just a ladder and some hand tools, then obviously they bring in the union people that -- that provide those services. 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 To the extent that we also limit the ability of how much money the collective bargaining agreement can allow people to be -- to be paid. We limit that as well. We put that in there in order to save money to pass on to the exhibitors. The broader picture - you asked about earlier - if you want to talk about the diversity in the -- in the hiring, that’s obviously a problem we’ve addressed -- or, are -- are concerned with in the General Assembly in a lot of areas, whether it be road building, whether it be the hiring of the General Assembly personnel. So, I would say, in this particular bill, we don’t have any specific language that changes that. These are still private contractors hiring their own people. But now we have a -- a trustee who has powers that can, quite frankly, lean on -- on people and try to have more input into making sure that the workforce is -- is -- that reflects the diversity of the community.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Delgado.

Thank you, Mr. President. Thank -- thank you for your answers. And, Mr. President, well, I just wanted to point out that I am just concerned as to making sure we don’t throw the baby out with the bathwater. I understand the nature and the importance of us making a -- a restructuring and a modification. However, I want to make sure that we take in the demographics and the socio-economic realities of the communities that live and work. And that any loss of Illinois workers, local workers, I’m sure the President and -- and -- and Speaker Madigan have taken that into account, because I know how concerned and -- and how dedicated they are to our State and in their own right. So, 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 I needed to ask these questions for legislative intent and, at the same time, because of my personal concern and as a legislator. And so, thank you, Mr. President, for allowing me to ask these questions. And I just want folks to understand, as we move down this path, to please be -- keep that in perspective and create a framework that will work for all Illinoisans. And I do put my confidence in my President, who has been nothing but straight up with us and straightforward with this legislator, and I thank you for the time and answers.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Okay, that’s -- no further people seeking recognition on this matter, President Cullerton, to close, sir.

Yes, well, thank you, Mr. President, Members of the Senate. As you see from the board, we have a Cullerton-Radogno bill. That’s symbolic of the fact that this is a bipartisan effort. And I appreciate the -- the -- the references to the fact that this was done in a bipartisan effort. And, of course, I -- I hear the analogies that are being made to the -- the lack of bipartisanship with regard to the budget. So let me just say that what happened with this bill was we had a joint committee, where we had Republicans and Democrats from both Chambers, who took testimony. And we had the benefit of Mr. Reilly, a former Member of the General Assembly, to help us draft legislation. And when we -- we came up with a draft, the Speaker and I spent a lot of time with, as you can imagine, real tough negotiations with some labor organizations. We then presented those proposals to the Republicans and they -- and we had interaction. 23  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 They said, “Can you change this”, “Can you change that”. They did not say, “Absolutely not, I’m against everything.” They did not say that, in this particular case. They said, “Let’s take your language, we’ll look at it.” They didn’t say, “I’m sorry, I can’t help you with any of this. We’re against it.” They said, “Let’s see if we can have interaction.” And that’s what we did. So that’s how we got a product. Bipartisanship requires give-and-take. You can’t start with “No, we’re against everything” and then say “How come you’re not being bipartisan”. So, in this particular case, I also want to mention that the goal of this bill is to create jobs. I would say to our union friends, this is -- bill is a pro-union bill, because this bill will keep us from losing shows which have just come right out and said, “If you don’t pass a bill like this, we’re out of here.” So, a hundred percent of nothing is nothing. And that’s where I think, I would hope, that our friends would realize we’re really trying to help ‘em. I know it’s painful, because there’s givebacks here. There’s -- there’s -- on the face of it, there’s going to be, when the shows are here, a little less work; a little less salary is going to the union members. But if they’re not here at all, then you lose the whole thing. So, with that, I appreciate an Aye vote and I’d be appreciative that we have as many votes as possible to send the message to the -- the show managers that we want ‘em to come to McCormick Place and Rosemont, and let’s help revive our economy and create some more jobs. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, President Cullerton. Okay, Ladies and Gentlemen, the question is, shall the Senate concur in House 24  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Amendment No. 1, 2 and 4 to Senate Bill 28. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 51 Ayes, 6 voting Nay, 1 voting Present. Having received the required constitutional majority, the Senate does concur in Amendment No. 1, 2 and 4 to Senate Bill 28. And the bill is declared passed. Senator Risinger, for what purpose do you rise, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests in the galleries please rise and be recognized? Welcome to the Illinois State Capitol. Welcome to the Senate. Congratulations. Thank you. Senator Righter, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Judge, and our guest in the gallery, please rise and be recognized, and young Mr. Sullivan. Judge, let your son grow up to be an accountant, please. Leader Hendon, are you seeking recognition, sir?

Yes, Mr. President. Thank you, Mr. President. I just wanted to point out to the Body that we spent forty-five minutes on that last bill and it had 51 Aye votes. If -- at this pace, we will make it to June 1st, which is the -- wish of the Republicans. And I don’t blame ‘em, ‘cause if I was Republican, I’d want us to go in overtime too. At this pace, we will get 26  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 there.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you for that reminder, Senator. Senator Lauzen. Good morning, sir. Nice to see you.

PRESIDING OFFICER: (SENATOR DeLEO) What -- and what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Welcome. Welcome to the Illinois State Senate. It’s very important going to law school, and coming from Hyde Park, you never know what you can grow up to be someday. Senator Schoenberg, for what purpose do you rise, sir?

Mr. President, I have an inquiry of the Chair. Mr. President, I was going through my things this morning, preparing for adjournment, and I found a Senator James A. DeLeo pen that when you use -- when I used to click it, the light went on. The light doesn’t go on anymore, Mr. President. What should I do?

PRESIDING OFFICER: (SENATOR DeLEO) Senator, I’ve been looking for that pen. Senator Sullivan, are you seeking recognition, sir?

Yes, I am. Good morning, Mr. President. I have a -- like a point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir, and very good morning to you.

Thank you very much. Ladies and Gentlemen, I have two guests with me here this morning. They are interns in my Macomb district office. To my right is Caitlin Rydinsky. She’s a senior at Western Illinois University in Macomb, majoring in journalism, a minor in art. She is from Washington, Illinois, which I believe is Senator Rutherford’s district. And I’d like you to welcome her. And then also to my left is Chris Zimmerman. He’s a senior, also at WIU, majoring in philosophy, a minor in political science. He’s from Avon, Illinois. And 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 after college, he’d like to -- he’s going to go after a master’s degree in public administration. I’d like the Illinois Senate to welcome my two guests here this morning.

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests please rise and be recognized? Welcome. Welcome to Springfield. Senator Bivins, you’ve been standing there patiently, sir. For what purpose do you rise?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Guests please rise and be recognized. Welcome. Welcome to the Illinois State Senate and thank you for taking your time out and coming down and testifying. Thank you so much. Senator Luechtefeld, good morning, sir. 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010

PRESIDING OFFICER: (SENATOR DeLEO) …purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Record will so reflect your intentions, Senator. Senator Bomke, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Welcome. Please rise and be recognized. Thank you so much. Senator Dahl, how are you, sir?

PRESIDING OFFICER: (SENATOR DeLEO) What purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Would our guests in the galleries please rise and be recognized? And, son, would you please rise? Welcome. Senator Hultgren, are you seeking recognition, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) …all the -- would all the Members please rise? Could all the Members please rise?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hultgren, to lead.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Millner, top that. Senator Millner…

PRESIDING OFFICER: (SENATOR DeLEO) …for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

PRESIDING OFFICER: (SENATOR DeLEO) 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Gary, welcome to Springfield. It’s not your birthday, is it? Okay, Ladies and Gentlemen, we will turn to your printed Calendars, to page 36. Secretary’s Desk, Concurrence, Senate Bills, comes Senate Bill 380. Senator Jacobs. Senator Jacobs, do you wish to proceed? Out of the record. We’ll come back to it. Okay, I’d ask you to go to page 38 of your printed Calendars. On the top of page 38 is Senate {sic} Desk, Concurrence, Resolutions. Senate Joint Resolution 72. Senator Collins, do you wish to proceed, ma’am? She indicates she does. Madam Secretary, please read the lady’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins, to your motion, ma’am.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Basically what the motion does is it -- it amends -- it -- it presents -- Senate Joint Resolution 72, as amended, commends the Illinois Food Marketing Task Force for its efforts to create an Illinois Fresh Food Fund and directs the Illinois Food, Farms and Jobs Council to assist the Department of Commerce and Economic Opportunity in distributing the fund to stimulate supermarket development and promotion of self- sustaining businesses for small grocers across Illinois.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Collins. Is there any discussion on the lady’s motion? Seeing none, Ladies and Gentlemen, the question 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 is, shall the Senate concur in House Amendment No. 1 to Senate Joint Resolution 72. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 Ayes, 0 voting Nay, 0 voting Present. Senate Joint Resolution 72, having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Joint Resolution 72, and the resolution is adopted. Okay, Madam… Okay, with leave of the Body, we will return back to page 36, Secretary’s Desk, Concurrence, Senate Bills. In the middle of page 36 is Senate Bill 380 on a motion to concur. Senator Jacobs, do you wish to proceed? He indicates he does. Madam Secretary, read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs, on your motion, sir.

Thank you, Mr. Chairman {sic}. This is a bill that we ran a couple days ago. It failed. I wanted to bring it back because it’s important to that community. And I wanted to present two pieces of information before I ask you to make a positive vote for this today. First, I have a letter from the Village of Ford Heights, the Mayor. And the Mayor says, “I strongly support Senate Bill 380. This bill means a great deal to my community. It will help fund essential services and help 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 fund our schools.” And that’s signed by Charles Griffin and I appreciate your consideration. I also have a letter from the Illinois Environmental Protection Agency. And the Illinois Protection Agency {sic} says: We recognize the Geneva Energy, LLC facility is an important component in the State’s used tire market. And we will -- we -- then -- we believe they can work for…(inaudible)…recovery of energy, provided the facilities operate in a safe and secure manner in compliance with all applicable requirements. The Bureau of Land will continue to closely monitor Geneva and ensure the facility used tires are managed properly in compliance with the self above standards and references. I appreciate your affirmative vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator McCarter, for what purpose do you rise, sir? SENATOR McCARTER: Question of the sponsor.

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question. SENATOR McCARTER: Senator, I understand that you’re -- you’re basically reclassifying -- you’re reclassifying a resource from a renewable to a reusable, or one way or the other. But does this -- would this apply to people in my district that now burn tires for energy?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs, did you hear the gentleman’s question?

I didn’t -- I didn’t quite… 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010

PRESIDING OFFICER: (SENATOR DeLEO) Senator McCarter, I’m -- I’m sorry. It’s -- it’s a little -- it’s a little… The gentleman did not hear your question. Could you be so kind to repeat your question, sir? SENATOR McCARTER: Senator, would this new classification -- would this benefit apply to someone in -- in my district that burns tires for energy?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.

Yes, sir. If you were properly permitted and the EPA oversaw your operations and permitted your facility, yes -- yes they could. Because what -- what in effect this does, this doesn’t say that they have to purchase the energy; it says they may purchase the energy. And I’d like to show you this graph here. As you can see, this is the portfolio standards. Seventy-five percent of it is wind energy, which I have no problem with. Six percent of it is solar energy, which came to us yesterday and said they can’t produce six percent. They can only produce a half a percent. The other nineteen percent could be used by any renewable or reusable energy. And this line here -- this line here, this small red line you can barely see, that’s what we’re talking about. That’s what we’re talking about.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Harmon, are you seeking recognition, sir? Senator Harmon.

36  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Thank you, Mr. President, Ladies and Gentlemen of the Senate. I -- I rise, again, in reluctant opposition to the Senator’s motion. Not much has changed in the last couple of days. And I still very much appreciate his desire to try to help the -- the community here. My objection is -- is not and has never been to trying to help the community, it’s simply as to the method. By reclassifying tire burning as renewable energy just doesn’t make sense. We, in the General Assembly, are all too rarely the beneficiaries of editorial praise, but there was one editorial in the Southtown that I want to call your attention to. It was published this week and I’m just going to read a couple of provisions: A move to redefine green energy in Illinois died a quick death this week in Springfield, and we’re thankful that lawmakers’ frenzied push for job creation did not trump common sense. Legislators were correct to keep power created by incinerating rubber tires in a separate and less- desirable category than wind and solar power. Harnessing the elements to produce electricity differs greatly from burning tires for power, and we’re thankful it only took two days for Springfield lawmakers to figure that out. Redefining the word “reusable” simply does not make tire burning “green”. We find it troubling that local legislators prefer to manipulate word definitions than actively pursue truly renewable and reusable projects. Illinois cannot trade the long-term health and well- being of its citizens in favor of a few dozen jobs. Lawmakers were right to avoid the awkward job of trying to explain how flaming rubber tires fit into some kind of progressive green movement. The editorial had it right. We had it right the first time when we voted on this. Again, reluctant to -- to 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 oppose job creation, but this is just not the right method to do it. So, if you voted No or Present the last time, I urge you to do so again.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Meeks, are you…(microphone cutoff)…recognition on this matter, sir?

Yes -- yes, sir. Thank you. To the bill.

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

This is not about tire burning. This is about money. The locals are trying to define this tire burning that already goes on now as renewable so that they can capture federal dollars. The people who are capturing all of those dollars now don’t want to share. That’s what it’s all about. If you vote No on this legislation, it’s not going to change what’s happening in Ford Heights, because they’re doing the same thing now. They’ve been doing the same thing for the last four years. The -- the -- the plant won’t close. You’re not saving anybody from environmental dangers. This changes a definition so that they can get in on the green initiative. It’s all about money. Now I’ve been here for eight years and one thing I don’t understand, I hear the word all the time, local control - local control. Don’t interfere with the locals. Well, the Mayor of Ford Heights has sent a letter saying we want this. The village officials, the people, we want it. I’m their Senator. I represent the area. I say we want it. Don’t interfere with local control. Give us what we need in Ford Heights so that we can provide the hundred 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 thousand dollars a year more for our struggling poor community. Don’t take away local control just because we’re trying to change a definition. We need this vote and I urge all of you in the Chambers to go along with me on this one because we need it for our community. It’s about local control.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Meeks. Seeing no further discussion on this issue, Senator Jacobs, to close, sir.

Thank you, Mr. Chairman {sic}. I would like to address one point that the -- the -- the wind lobby continues to raise. And the wind lobby doesn’t want to mention that we consider renewable in Illinois methane gas, switchgrass, pinewood. More -- more carcinogenics are produced by a -- a fireplace in a home, according to the EPA, than from -- from this high-tech facility. Now, I don’t have any problem with the wind lobby saying that, you know, no one else should have what they have because they have something special. But this is an ever- changing field. And, you know, they may find a way to cap this and to turn it into like what there doing with coal - with the gasification of coal. And I would point out that, you know, there’s a lot of green things that happen with this energy that’s produced. Not only does it produce electricity, which is certainly renewable, it also -- reproduces fly ash that is used to recycle zinc in fertilizer. It’s also used in -- the bottom ash is used to make steel and the gypsum that comes from the scrubber is used as soil stabilizer. And I find it highly disingenuous for the -- for the wind lobby to say that rubber is not a recyclable material. I ask for your affirmative vote. 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 380 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 20 voting Aye, 27 voting Nay, 4 voting Present, and failed to receive the required constitutional majority, is declared failed. Okay, Ladies and Gentlemen, the Senate will stand at ease for a few moments to allow the Committee on Assignments to meet. The members on Committee of Assignments will please come to the President’s Anteroom immediately. The Senate will stand at ease. Will all members report to the President’s Anteroom immediately? Thank you so much. Senate will stand at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio. Senator Demuzio, for what purpose do you rise, ma’am?

Yes, thank you, Mr. President. I would like to be recorded as a No vote on Senate Bill 380. My Yes vote was -- was -- my - - button was inadvertently pushed.

PRESIDING OFFICER: (SENATOR DeLEO) The record will so reflect your intentions, ma’am. Thank you. Okay, Ladies and Gentlemen - can I have your attention, please? - for the purposes of an announcement. The Executive Committee will meet in Room -- 212 at the hour of 12:50 - the hour of 12:50, the Executive Committee will meet in Room 212. Okay, Ladies and Gentlemen, we go -- turn your printed Calendars back to page 37, on Secretary’s Desk, Concurrence, Senate Bills. In the… Ladies and Gentlemen, with leave of the Body, we’ll come back to page 37 in just a moment. Senator Noland, for what purpose do you rise, sir?

Thank you, Mr. President. I move that -- move to waive all notice and posting requirements so that House Joint Resolution 121 can be heard today in the Senate Executive Committee.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Noland moves to waive all notice and posting requirements so Senate -- House Joint Resolution 121 can be heard today in the Senate Executive Committee. All those in favor will say Aye. All those opposed 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 will say Nay. It’s the opinion of the Chair, the Ayes have it, and the notice and posting requirements will be waived. Okay, Ladies and Gentlemen, if I can direct your attention to page 37 of your printed Calendars. Near the bottom of page 37 is Senate Bill 3683. Senator Holmes, on the Order of Concurrence, do you wish to proceed, ma’am? She indicates she does. Madam Secretary, read the lady’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Good morning to you, Senator Holmes. Would -- to the motion, ma’am.

…you so much, Mr. President. Amendment 2 is just a technical wording change. Amendment 1 basically becomes the bill and it actually allows utilities to partner with local governments to engage in smart growth activities that assist in the renewal of urban cores in four economically disadvantaged Illinois communities, which are River Edge Zone communities - Aurora, East St. Louis, Elgin and Rockford. Basically, what this bill does is it allows for a cost-sharing process with a facility relocation paid by the land developer, the municipality and the utility. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Lauzen. It’s still morning. Good morning, sir.

PRESIDING OFFICER: (SENATOR DeLEO) For what -- what purpose do you rise?

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir. To the lady’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment No. 1 and No. 2 to Senate Bill 3683. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 3683, having received the required constitutional majority, the Senate does concur in House Amendment No. 1 and No. 2 to Senate Bill 3683, and the bill is declared passed. Continuing on the same order of business, we will now move to Senate Bill 3702. Senator Noland. Do you wish to proceed on your motion, sir? He indicates he does. Madam Secretary, read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) 43  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Thank you, Madam Secretary. Senator Noland, to the motion, sir.

Thank you, Mr. President. Senate Bill 3702 was shelled over in the House. Simply what this -- this bill does is it creates four different checkoffs - one for Route 66 to improve and maintain the historic value of Route 66; it also makes checkoff contributions to Habitat for Humanity, to provide property tax to disabled Veterans, and to contribute to our State’s Parks Fund. I urge an Aye vote. Happy to take any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Senator, for the explanation. Is there any discussion? Is there… Senator Burzynski, for what purpose do you rise, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Seeing no discussion, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3702. All those in favor will 44  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 51 Ayes, 5 voting Nay, 0 voting Present. The House {sic} does concur in Amendment No. 1 to Senate Bill 3702. Having received the required -- constitutional majority to Senate Bill 3702, the bill is declared passed. Okay, Ladies and Gentlemen, the Chair earlier stated that Supplemental Calendar has been printed and distributed. We’ll now move to the Supplemental Calendar - Supplemental Calendar No. 1. On the top of Supplemental Calendar No. 1 comes Senate Bill 3084. Senator Martinez, do you wish to proceed, ma’am, on the Order of Concurrence? She indicates she does. Read the lady’s motion, please.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez. Good morning. You look very nice today.

Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) To your motion, ma’am.

Thank you very much, and Members of the Senate. House Amendment No. 1 retains Senate Bill 3084 and clarifies that the notion -- the notice of the duty to register is been -- is to be given to sex offenders, irrespective of the date of the 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 commission of the crime for which they are required to register. It also offers to address technical concerns raised by State Police, who are in charge of the sex notification -- offenders. I just want to say that, just yesterday -- I was very happy to see that this bill is going to do some great things, ‘cause yesterday there was a news about a person, who committed a crime, was just arrested, on of -- of a ten-year-old, and this person was actually someone who committed a sex crime before the law was enacted, back in 1994. And this -- this legislation is going to take care of those people who committed those crimes who never had to register as a sex offender, ever. So, again, this person that was -- that was actually arrested yesterday would have been caught under this legislation. So I think it’s very important that we enact this as soon as possible and I ask for favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you, Senator. Seeing no discussion on this matter, Ladies and Gentlemen, the question is, shall Senate Bill 3084 -- should the House -- should -- should the Senate concur in House Amendment No. 1 to Senate Bill 3084. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 3084, having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 3084, and the bill is declared passed. Continuing on the same order of business on Supplemental Calendar No. 1 is Senate Bill 3180. Senator 46  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Wilhelmi, you wish to proceed? Read the gentleman’s motion, Madam Secretary.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi, at the hour, exactly, of 12 noon, good afternoon.

Good -- good afternoon, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) Could you hold on one second, please?

Yes.

PRESIDING OFFICER: (SENATOR DeLEO) We have to check with the Secretary. Might be a technical. Okay, for the purposes of clarification, I’d ask the Secretary redirect and -- and -- Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi, to the motion, sir. I’m sorry about the confusion.

No. Thank you, Mr. President. It’s great to see you this 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 afternoon now, I believe. You look wonderful in the Chair, as always, sir. I’d like to move to concur with House Amendments No. 1 and 2 to Senate Bill 3180. I worked with many stakeholders on this issue and I want to thank them all, especially our staff person, Louie Mossos. Representative Cross was involved - the Realtors, the mortgage brokers, the Illinois State Bar Association, the bankers, the title industry. We had a very collaborative effort, bipartisan, bicameral, to create the Common Interest Community Association Act, which will give protection that is in the Condo Act to unit owners in townhome and single-family home owners’ associations. This bill, as amended, will give that protection and we want to make sure that -- I want to make sure that the Body understands we’re going to continue discussing Section 18.5 of the Condo Act, which refers to non-condo units. There’s an important mechanism in 18.5 that triggers the Code of Civil Procedure and allows for eviction proceedings when assessments have been -- have gone unpaid. I’ll be happy to answer any questions on this. I ask for your support and I -- I know of no opposition to the bill, as amended.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment No. 1 and No. 2 to Senate Bill 3180. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 3180, having 48  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 received the required constitutional majority, the Senate does concur in House Amendment No. 1 and No. 2 to Senate Bill 3180. This -- and Senate Bill 3180 is declared passed. Senate Bill -- on the same Order of Concurrence is Senate Bill 3681. Senator Lightford, do you wish to proceed, ma’am? Very nice to see you today, Senator Lightford. The lady indicates she wishes to proceed. Madam Secretary, please read the lady’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford, to the motion, ma’am.

Thank you, Mr. President. Ladies and Gentlemen of the Senate, House Amendments No. 1 and 2 to the motion specifically did a couple of great things. It was cleanup language for our Race to the Top legislation that we submitted to the federal government. It identifies in the enrolling process and some additional updates. There’s changes reporting of dropouts consistent with federal guidelines. We’re trying to capture some dollars to assist us with our high school dropout. And there’s also cleanup of language addressing transitional bilingual education. It also certifies that a district be in financial -- that if a school district is in financial difficulty and unable to make payroll or a bond payment on time, that ISBE -- the school -- would take over -- and that the school district reporting requirements and make technical corrections to the School Code. And, finally, there -- there 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 was a problem that came about that pretty much identified homeschools and private schools, separated them in the School Code. So, there is, for the purposes of legislative intent establish {sic}, that -- that in the statement regarding homeschools, it is not the intent of this legislation to separate a homeschool from other private schools, since, in the Illinois Supreme Court decision, in People versus Levisen, the Court has declared that a private homeschool is not different from any other private school. So there was no intention on -- from House Amendment 1, page 35, under the paragraph describing the definition of a dropout, lines 22 and 23, for a separation to take place. I will be presenting a trailer bill in Veto Session to address that specific concern. I’d be happy to answer any questions you may have.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion on the lady’s motion? Senator Cronin, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, Senator Lightford, to close, ma’am.

Thank you, Mr. President. Ladies and Gentlemen of the Senate, I think it’s important that we don’t lose sight of what this -- this bill actually do. I know the concern that Senator brought up. We’re going to address it in Veto Session with a trailer bill. It will be fixed in November. So I don’t know if we want to penalize the rest of what this legislation do for a technical error that was drafted by ISBE. I’ve already stated for you the legislative intent. It’s not to harm the homeschooling industry, the homeschooling community. But I want to share with you that if you vote No, you’d be voting No to allow us to draw down federal dollars that will help us with high school dropouts. You’ll be voting against Race to the Top legislation. We’re -- we’re in pretty good standing. We’re 51  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 trying to secure five hundred million dollars from the federal government. There was some changes we needed to tweak there. And you’d also be voting against transitional bilingual education support at ISBE. So, in lieu of that issue that will be resolved, I’d ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Senator. Ladies and Gentlemen, the question is, shall the Senate concur in Amendment No. 1 and No. 2 to Senate Bill 3681. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 38 Ayes, 17 Nays, 0 voting Present. The Senate does concur in House Amendment No. 1 and No. 2 to Senate Bill 3681. Having received the required constitutional majority, the bill is declared passed. Okay, Ladies and Gentlemen, to fulfill our responsibilities under Article V, Section 9 of the Constitution, we will now proceed to the Order of Advise and Consent. Senator Muñoz. SENATOR MUÑOZ: …President. I move that the Senate resolve itself into Executive Session for the purpose of acting on appointments set forth in the Messages from the Governor dated November 4th and December 8th, 2009, and March 22nd, March 26th, April 16th and April 26th, 2010.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you, Senator Muñoz. Okay, Ladies and Gentlemen, the gentleman has moved that the Senate resolve itself into Executive Session for the purposes of acting on the 52  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 appointments set forth in the Messages from the Governor dated November 4th and December 8th, 2009, March 22nd, March 26th, April 16th and April 26th, the year 2010. Madam Secretary, Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Muñoz. SENATOR MUÑOZ: Mr. President, with respect to the Governor’s Corrected Message of November 4th, 2009, I will read the salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a Member of the Liquor Control Commission, for a term commencing November 3rd, 2009, and ending February 1, 2010: Martin Mulcahey. To be a Member of the Pollution Control Board, for a term commencing November 16th, 2009, and ending July 1, 2012: Carrie Zalewski. Mr. President, having read the salaried appointments from the Governor’s Corrected Message of November 4th, 2009, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Ladies and Gentlemen, is there any 53  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 discussion? Is there any discussion? Senator Duffy, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) To the motion, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any further discussion? Is there any further discussion? Senator Meeks, for what purpose do you rise, sir?

Thank you, Mr. Chairman. Let me simply say that…

PRESIDING OFFICER: (SENATOR DeLEO) Mr. President, to you.

Mr. President - to me, yes. Thank you, Mr. President. Chairman of the Board, Mr. President - I mean, you know, any title of leadership, it all fits you. Let me simply say that here in the General Assembly, we have to work awfully hard at not being offensive to other people. And we have to take into consideration that everything is not pay-to-play. And every family member who is qualified to work on a board or on a -- in a position should not be disqualified just because they have a Member who serves on the General Assembly. I have great respect for Senator Duffy, unlike some Members on our side of the aisle. But, if a family member has been serving for ten years on a particular board and the family member has been serving well before we got to this point of toxicity -- now I realize now that things are toxic around here and everything smells to the high heaven and every thing appears as if -- it’s something happening that’s real wrong. But some of these family members were put into place a long time before we started hearing the 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 word “pay-to-play” and I don’t really know if it’s quite fair to say one size fit -- fits all families. And I would like to believe that this is a place of integrity and we should be very careful about going after each other’s families, especially qualified family members. And I’d ask for an Aye vote for this piece of legislation and would just really like to warn us about each other’s feelings and respecting each other as people. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Reverend Meeks. Further discussion? Senator Viverito, are you seeking recognition on this matter, sir?

Thank you very much, Mr. President. I -- I was a little bit reluctant, basically, to say anything, but I do feel compelled to say something. I did speak to Senator Duffy about the sensitivity of what he was doing in the committee. And I did it quietly and I tried to do it effectively with him. But, obviously, when you looked at the character and you looked at the people that were running, each and every one of them that were being appointed were eminently qualified for their particular position. He attacked one individual person, I thought -- really and truly not one, but two or three. And usually it was a woman that he seemed to go against. I don’t know if he was a little bit anti-women, but, obviously, it appeared to me that every time a woman appeared, he was the first one to talk about her character. One particular woman he went after had a degree in engineering and a law degree as well. And he attacked the fact that she was going to make a hundred 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 and some thousand dollars in the field of pollution control. Obviously, that woman was eminently qualified, served on the Transportation, did a lot of litigation with EPA and did an outstanding job. She is a new mother, an outstanding woman that had lost a baby about a year and a half ago, and honestly and truly, it was so personally -- attack, I felt embarrassed. He did the same thing with Senator Schoenberg’s wife, who has an international degree, obviously completely, eminently qualified. Senator Duffy, and I only use his name and I say this with all compassion to you, you’re on the wrong track when you personally attack somebody because they’re related to someone. That is totally, completely -- incorrigible to me to be able to do that and to be perhaps a bright young man as you are. And if you’re going to go anywhere, that’s not the way to do it. And I told you that personally. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, let’s hold our applause. I’d just like to -- we’ll go back to Senator Duffy. I see your light’s lit. Your name was used in debate and we’ll go back to you in one second. But I just -- may I see the Rule book? I’d like to remind the Members, and as the Presiding Officer of this Chamber, I frequently -- would like to -- and it’s -- it’s -- it’s -- it’s very unfortunate that I frequently have to turn to the Rule book because of -- I feel very strongly about decorum and debate in this Chamber. And let me refer to -- you to Senate Rule 7-3, on page 36 of our rules. It says, when a Senator is about to speak and deliver any matter to the Senate, he or she shall rise and address the Presiding Officer… Senator Meeks, are you listening to this, sir? It says, the person speaking, the Senator 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 speaking, will address the Presiding Officer as “Mister President” or “Madam President”, as the case may be. Upon being recognized by the Chair, the latter will address the Senator by name and thereupon, …not until then, the engineer in charge of the -- operating the microphones in the Senate will give the use of the microphone to the Senator who has been so recognized. The Senator in speaking shall confine himself or herself to the subject matter under discussion and avoid personalities. Let me repeat that last line again. The Senator is subject -- “the Senator in speaking shall confine himself or herself to the subject matter under discussion and avoid personalities.” That’s in the rules, Ladies and Gentlemen. Let’s keep the decorum and the dignity of the Senate and avoid personalities and avoid pointing fingers and saying irresponsible things on the Floor of the Senate. Senator Duffy, you’re recognized, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion on this issue? Senator Kotowski, are you seeking recognition, sir?

Yes, sir, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Kotowski.

How are you today?

PRESIDING OFFICER: (SENATOR DeLEO) Good afternoon, sir.

Good afternoon to you. I just…

PRESIDING OFFICER: (SENATOR DeLEO) For what purpose do you rise?

To a previous comment that was raised. There’s a -- just wanted to say, there’s one thing to talk about, looking at boards and commissions as a possibility of saving taxpayers money, and I think that’s a good policy discussion to have, given our current financial crisis that we’re in. I think it’s a healthy discussion to have and I think it’s a -- a fair point to raise from one of the previous speakers. But I just want to alert us all, I mean -- and -- and to talk about the fact that, you know, we need to embrace any of these concepts for a way in which we can restore faith and integrity and credibility in our government. That’s important too, isn’t it? Looking at reforms and ways to address that, showing that we have integrity. But it’s another thing to send a letter out, from the previous 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 speaker, with the State seal on it - State seal, the State of Illinois - which talks about this issue. State seal - which essentially says -- which talks about the savings of this, and then it says I can continue to speak out because I have supporters like you who will help me. I am working to elect others who will join me in the fight. If you could make a small donation to my campaign - a small donation to my campaign - twenty dollars, fifty dollars, a hundred dollars, five hundred dollars, it would make a big difference. I’ve enclosed a donor card and return envelope for use. I’m grateful for your continued support. This is a letter issued, has a State of Illinois seal on it. This is a clear use of taxpayers - the taxpayers seal - the State of Illinois - to raise money. A lot of the -- times, we use the word “hypocrisy” around here. This is hypocritical. I think this is something that we should potentially have looked into as a clear violation of State ethics. You can’t use the State seal to raise money. You can’t use the State seal to raise money. I didn’t do it. I would never have it on my website - on my political website - using the State of Illinois seal in order to ask people for money. It’s one thing to raise a political concern. We respect that. It’s another thing to raise a policy concern, to have a suggestion. It’s another thing to boldly and to brashly and to brazenly -- to use this issue to go after somebody personally and then say, “You know what? I’m the ethical one, but write me a check. Help out my campaign. I’m the reformer. I need money. Help me with your money.” That’s a clear violation. It needs to be looked into. Please look into this. Please have it investigated. Thank you very much. 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010

PRESIDING OFFICER: (SENATOR DeLEO) Senator -- Senator Raoul. Senator Raoul. Ladies and Gentlemen, can I have some order in this Chamber, please? Senator Righter, are you seeking recognition, my friend?

PRESIDING OFFICER: (SENATOR DeLEO) I hope it’s a voice of reason.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) And -- and you’re absolutely right. And our rules do require that a Member’s name is put on that document. And I requested that document to be printed and distributed, and it should have been my name on there. Should have been Senator 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 DeLeo’s name on there, sir, ‘cause my name appears in the document, and I was just notified by the Sergeant-at-Arms that was an oversight. It was printed and not -- not marked. And so there -- we’ve asked the -- Sergeant-of-Arms to pick up the literature, put the name on it, and then redistribute it. And we apologize for that. It was just an oversight during the Xeroxing. Senator Lauzen, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, Senator.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. Senator, the only thing I can tell you, by the time it gets to advise and consent, to the committee, the Governor already had appointed an individual. I’m sure they go through a process of their -- if they’re qualified for the position. I’m sure we can get someone from the Governor’s Office to get you that information. I can only tell you this, after we receive the information, our staff works with the Governor’s Office. I’m sure it’s sent to the State Police, making sure no one is a convicted felon or is on the run from the law. Other than that, I can’t honestly tell you that. I know one of the qualified persons that we’re speaking about has been in the system for ten years and we’re just reappointing. Does that answer any of your questions?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen. Further discussion?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Muñoz. SENATOR MUÑOZ: Senator, there is a vetting process that all the candidates go through. Now, you’ve been here a lot longer than I have, Senator, and you know the system. Currently, now, I am the Chairman of Executive Appointments, but, clearly, everyone in this Chamber knows there is a vetting process that goes on. And there’s nothing further. If you want to draft some legislation that we can look at to even try to make it stricter than what it already is, I’ll be more than happy to sit with you and we can go forward from there.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, thank you. Ladies and Gentlemen, after this very spirited debate, the question is, does the Senate advise and consent to the corrected terms of the appointments just read by 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 the Governor’s Corrected Message of November 4th. All those in favor will vote Aye. All those 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 44 Ayes, 5 voting Nay, 1 voting Present. A majority of Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, continuing on Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Muñoz. SENATOR MUÑOZ: Mr. President, with respect to the Governor’s Message of December 8th, 2009, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a Member of the State (Toll) Highway Authority, for a term commencing December 5th, 2009, and ending May 1, 2011: Maria Saldana. Mr. President, having read the salaried appointments {sic} from the Governor’s Message of December 8th, 2009, I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR DeLEO) 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Thank you, Chairman Muñoz. Seeing no discussion, Ladies and Gentlemen, the question is, does the Senate advise and consent to the appointment just read from the Governor’s Message of December 8th. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 49 Ayes, 0 voting Nay, 1 voting Present. A majority of Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Madam Secretary, continuing on Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Muñoz. SENATOR MUÑOZ: Mr. President, with respect to the Governor’s Message of March 22nd, 2010, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a Member and Chair of the Worker’s Compensation Commission, for a term commencing March 22nd, 2010, and ending January 21, 2013: Mitchell Weisz. Mr. President, having read the salaried appointment from the Governor’s Message of March 22nd, 2010, I now seek leave to 66  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, does the Senate advise and consent to the appointment just read from the Governor’s Message of March 22nd. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 52 Ayes, 0 voting Nay, 0 voting Present. A majority of Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Madam Secretary, -- continuing on Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Muñoz. SENATOR MUÑOZ: Mr. President, with respect to the Governor’s Message of April 16th, 2010, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be the Director of the Department of Healthcare and Family Services, for a term commencing April 20 -- April 16th, 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 2010, and ending January 17th, 2011: Julie Hamos. Mr. President, having read the salaried appointment from the Governor’s Message of April 16th, 2010, I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Chairman. Once again, seeing no discussion, the question is, does the Senate advise and consent to the appointment just read from the Governor’s Message of April 16th. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 51 Ayes, 0 voting Nay, 2 voting Present. A majority of Senators elected by -- concurring by record vote, the Senate does advise and consent to the appointment just read. Madam Secretary, Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Muñoz. SENATOR MUÑOZ: Mr. President, with respect to the Governor’s Message of April 26th, 2010, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the 68  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Senate do advise and consent: To be a Member and Chair of the Educational Labor Relations Board, for a term commencing June 1, 2010, and ending June 1, 2016: Lynne Sered. Mr. President, having read the salaried appointment from the Governor’s Message of April 26th, 2010, I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Any discussion? Okay, Ladies and Gentlemen, once again, the question is, does the Senate advise and consent to the appointment just read by {sic} the Governor’s Message of April 26. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 45 Ayes, 1 voting Nay, 6 voting Present. A majority of Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Madam Secretary, continue on Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Muñoz. 69  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 SENATOR MUÑOZ: Mr. President, with respect to the Governor’s Message of April 26, 2010, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Department of Employment Security Board of Review, for a term commencing April 26, 2010, and ending January 17th, 2011: David Bonoma. Mr. President, having read the salaried appointment from the Governor’s Message of April 26, 2010, I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Muñoz. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, does the Senate advise and consent to the appointment just read from the Governor’s Message of April 26. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there 51 voting Aye, 0 voting Nay, 1 voting Present. A majority of Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Madam Secretary, continuing on Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Muñoz. SENATOR MUÑOZ: Mr. President, with respect to the Governor’s Message of April 26, 2010, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a Member of the Illinois Liquor Control Commission, for a term commencing April 26, 2010, and ending February 1, 2016: Amy Kurson. Mr. President, having read the salaried appointment from the Governor’s Message of April 26, 2010, I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, does the Senate advise and consent to the appointment just read from the Governor’s Message of April 26. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 48 Ayes, 0 voting Nay, 3 voting Present. A majority of Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Madam Secretary, continuing on Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Muñoz. SENATOR MUÑOZ: Mr. President, with respect to the Governor’s Message of March 26, 2010, I will read the non-salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be Members of the Illinois Finance Authority, for terms commencing March 26, 2010, and ending July 16th, 2010: Ronald DeNard, Roger Herrin. To be Members of the Illinois Finance Authority, for terms commencing July 16, 2010, and ending July 16, 2013: Ronald DeNard and Ronald -- Roger Herrin. To be a Member of the Illinois Finance Authority, for a term commencing March 26, 2010, and ending July 21st, 2011: Terrence O’Brien. To be Members of the Illinois Finance Authority, for terms commencing March 26, 2010, and ending July 17th, 2012: Edward Leonard and Bradley Zeller. Mr. President, having read the non-salaried appointments from the Governor’s Message of March 26, 2010, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion on the non- 72  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 salaried appointments? Seeing none, Ladies and Gentlemen, the question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of March 26. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 47 Ayes, 0 voting Nay, 3 voting Present. A majority of Senators elected by -- concurring by record vote, the Senate does advise and consent to the appointments just read. Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. I move that the Senate arise from Executive Session.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, Senator Muñoz moves that the Senate arise from Executive Session. All those in favor will say Aye. All those opposed will say Nay. Opinion of the Chair, the Ayes have it, and the motion carries. The Senate has arisen from Executive Session. I’d ask you to go back to your printed Calendars, Ladies and Gentlemen. Senator Holmes, are you seeking recognition, ma’am?

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

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, ma’am.

Thank you so much. I am very honored to introduce to you a talented group of students from my district. Today we are joined by the Troy Middle School Cadet and Concert Bands, along 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 with their directors, Mr. William Goetz and Miss -- Mrs. Jennifer Rosario. They were recently awarded the number one ratings in their district and State contests, as well as taking first place in the 2010 State of Illinois Invitational Junior High School Concert Band Contest. They were performing today in the Rotunda at noon. Unfortunately, we missed them, but I’m very pleased to honor them and I would ask that you all welcome them to the Illinois Senate.

PRESIDING OFFICER: (SENATOR DeLEO) Would our guests in the galleries please rise and be recognized? Welcome. Welcome to Springfield. Welcome to the Illinois State Senate. Thank you for coming here today. Thank you very much. Okay, Ladies and Gentlemen, I’d ask you to turn your attention to the printed Calendar. On page 33 of the printed Calendar, on House Bills 3rd Reading, is House Bill 4182. House Bill 4182. I believe Senator Link is seeking leave of the Body to return… I’m sorry. I believe the -- we’re being told by the Secretary of the Senate the amendments have been adopted. Senator Link, do you wish to proceed then, sir? He indicates he would like to proceed. Madam Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Link, one moment, sir. WAND-TV requests permission to videotape the proceedings. Seeing no objection, leave is granted. Senator Link, to the bill, sir. 74  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010

Thank you, Mr. President. This is another follow-up on video -- a cleanup bill. It allows that bars that lease space on off-track betting parlors conduct video gaming as long as the OTB and the race track owners do not benefit from the proceeds of the video gaming. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 4182 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 33 Ayes, 15 Nays, 0 voting Present. House Bill 4182, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen, we previously announced the committee schedules. Committees will meet immediately. The Executive Committee will meet immediately and we will be coming back to the Floor for substantial final action. So, at this moment, the Senate will stand in recess to call of the Chair. After the committee meetings, the Senate will reconvene to receive Committee Reports and for further Floor action. The Senate will stand in recess to call of the Chair. Thank you. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Senator Dillard, for what 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 purpose do you seek recognition, sir?

PRESIDING OFFICER: (SENATOR HENDON) That is always in order.

PRESIDING OFFICER: (SENATOR HENDON) We’ll give you twenty minutes. We’re back on the Floor at 3:45. Senator Muñoz, for what purpose do you seek recognition, sir? SENATOR MUÑOZ: Purpose of an announcement, Mr. President.

PRESIDING OFFICER: (SENATOR HENDON) Senator Muñoz, go right ahead, sir. SENATOR MUÑOZ: Senate’s requesting a caucus immediately in the President’s Office upon recess. Caucus would last approximately twenty minutes.

PRESIDING OFFICER: (SENATOR HENDON) Be a Democratic Caucus until 3:45. At the hour of… The caucus is right now, until 3:45. Republican Caucus until 3:45. Ten minutes to 4. Both caucuses are meeting right now - the Republican Caucus in Leader Radogno’s Office, Democratic Caucus in President Cullerton’s Office. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Messages.

PRESIDING OFFICER: (SENATOR HENDON) There will be a Democratic Caucus immediately in President Cullerton’s Office. Senator Hunter. And a Republican Caucus immediately in Leader Radogno’s Office until the hour of 3:45. Senator Hunter, for what purpose do you seek recognition, ma’am?

For a point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR HENDON) Senator Mattie Hunter is recognized for a point of personal privilege. So we will now go to Senator Mattie Hunter for a point of personal privilege. State your point.

Thank you, Mr. President. We have young people from the Hyde Park Elementary School from Waukegan, Illinois. They are in Senator Link’s district; however, my grandnephew is a member of that class. And I just wanted to welcome them to the Senate.

PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise? Welcome to the Illinois Senate. Welcome. From Waukegan. The Senate stands in recess until the hour of 3:45. Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) Senate will come to order. This will be final action. This will be final action. Senator Haine, for what purpose do you rise, sir? 78  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010

Mr. President, a point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

Mr. President, this is your last day presiding over this Chamber, perhaps, in a regular Session. And I’m thinking of another great Italian-American, saying this was a very good year. It’s been many very good years with you in this Chamber. That’s what I want to say. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senate will come to order. Sit down. This is final action. …you. Thank you. Thank you. Thank you. Thank you. Senator Duffy, you can applaud. It’s okay. It’s okay. We’ll be friends forever. Okay, Ladies and Gentlemen, for purpose of an announcement. We’ll ask the Members just to stand at ease for a few moments to allow the Committee on Assignments to meet. So I’d ask all the members, please report to the President’s Anteroom for a -- for a few moments. I ask all members of the Committee on Assignments to please report to the President’s Anteroom for a few minutes. And the Senate will just stand at ease while the committee meets. (SENATE STANDS AT EASE)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hendon in the Chair. Senator DeLeo, chairing the Assignments Committee, formerly Rules. 79  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 (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? Will all Members under the sound of my voice please come to the Senate Floor? We are back in Session. I’m in the Chair. We intend to move Senate business at a brisk but intelligent pace. Senator Hultgren, for what purpose do you seek recognition, sir?

PRESIDING OFFICER: (SENATOR HENDON) State your point.

PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HENDON) All right, Ladies and Gentlemen of the Senate, we’re about 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 to go to substantial Senate action. The Chair would appreciate if -- if you’re under the sound of my voice, you come to the Senate Floor posthaste. All administrative assistants please find your Senator. If they’re not on the Senate Floor, bring ‘em to the Senate Floor. We’re going to substantial Senate action immediately. This is the heavy lifting, so let’s get it on. Page 32 of your printed Calendar. Senate Bill 2428. 2428. That’s going to be Senator Trotter. Page 32. 2428. Adam Theilken from WIES {sic} (WICS) seeks leave to video. Leave is granted? Leave is granted. Senator Trotter seeks leave of the Body to return Senate Bill -- House Bill -- 2428 to the Order of… Oh, this has been changed to President Cullerton. President Cullerton seeks leave of the Body to return House Bill 2428 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 2428. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

Yes, thank you. Amendment No. 2 becomes the bill. I would ask that we adopt the amendment and then we’d debate the bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR HENDON) Any discussion on the amendment? 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 81  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 2428. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

Yes, thank you, Mr. President, Members of the Senate. This is the Emergency Budget Act of Fiscal Year 2011. It’s meant to change State -- State programs to implement the budget. And first thing it does is to extend the lapse period spending from August 31st to December 31st, so as to avoid people we owe money to having to go to the small claims court. Also it requires the Members of the General Assembly to take twelve furlough days. Bill also requires State officers, including Constitutional Officers, agency directors, assistant directors, to also take twelve furlough days. And they also -- the bill also allows for the transfer from our special funds of the State into the General Revenue Fund as directed by the Governor. This -- in the past, we’ve actually swept those funds. This is a different concept. This would allow for the -- the governor to take those funds and -- on a case-by-case basis. There’s a number of different funds. And at the same time that he -- that he -- 82  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 we’ve given him that authority, which you might -- which you might call interfund borrowing, we’re -- we’re protecting the fact that the balance cannot exceed the total debt service payable during the last 12 months. It cannot reduce the balance in the funds below the appropriations. And there will be a repayment with interest and we get quarterly reports. The bill also sets up a Tobacco Settlement Authority. The State would sell half of the State’s rights to the Master Settlement Agreement to the -- this Authority for 1.2 billion dollars. So we will in effect get 1.2 - could even be a little bit more - money right now. The three hundred million dollars that we’ve been getting now, we would use about a hundred and thirty million of that to pay off this bond. It would have the immediate effect of -- therefore, of providing us with 1.2 billion dollars. There’s also the ability for emergency rulemaking. But, at the same time, that still has to go through JCAR. Be happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? And the Chair would like to inform you that we are on a timer, unfortunately. Senator Murphy.

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

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

Yes. The interest, of course, would be only the interest that the money would -- would earn if it had stayed in the funds. And there’s a whole bunch of these different funds. And so, we don’t know exactly how much they’ll be able to take. Each fund would have to be on a case-by-case basis. But we believe it could be a billion, perhaps even more, according to David Vaught.

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

This law says you have to pay it back. Your question was, could we come back here and pass a different law? Of course we can. We can always do that. But that’s not in this law. This 84  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 says you have to pay it back.

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

Senator, really, I think we should be -- be fair on this one. This is -- there’s a lot of money in these funds. I don’t know, six, seven, eight billion dollars has been in here. We, in the past, have taken the money without any promise to repay it. It’s called a sweep. This is a different concept. These funds are available now for any bondholders out -- that -- that -- as a -- as kind of a rainy-day fund for bondholders. And so the concept is that we have these funds, it has -- some of these funds are -- you might want to characterize them as surplus, and so we recognize the obligation to say, hey, we got to return this money, with interest, which happens to be very low now. And it’s really borrowing from ourselves. It’s something which is easy to do, you know, in terms of you don’t have to go out and -- and -- and go to a bank. And I -- it’s very straightforward. It’s unfortunate we have to do it. Be nice if 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 we had more -- more money. But this is what -- where we find ourselves so this is why we have this proposal.

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy, if you could, sir. Senator Murphy.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

We -- we have about three hundred million a year. It’s various agency programs. It’s general spending. What we’re in effect doing here, is we’re -- first of all, there’s a risk in the future for this -- these funds to diminish, because of tobacco not being used as much, raises of taxes and the like. So we’re getting a hard amount right now, about -- we -- we estimate it to be 1.2 billion. And in effect, in order to pay off those bonds, we have to spend about a hundred and thirty million a year. So there’d be a hundred and thirty million less than we now currently have to spend. But we’d have the -- availability of the 1.2 billion. That’s basically what the -- what the deal is.

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy, before I recognize you, I want you to recognize that your time has expired, but we’re giving you a 86  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 little extended time. Senator Murphy.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

First of all, I -- I want to just say, personally I’m going to talk to Senator Radogno and ask that -- if she could add you to the Executive Committee, because I think if you were on the committee, it’d be very helpful ‘cause we could have a lot of these things played out in the committee. I don’t know who you’d replace, but that would be up to her. This -- these are nonrecourse. This is not an obligation to the State of Illinois. We actually set up a separate Tobacco Settlement Authority. So it’s nonrecourse at all.

PRESIDING OFFICER: (SENATOR HENDON) Senator -- to the bill, sir. Senator Murphy, to the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy, I did not recognize you for a couple more questions. Your time expired. I gave you another two minutes - two minutes. Senator Murphy, one more question and then to the bill, if you would, my friend. Senator Murphy. 87  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010

PRESIDING OFFICER: (SENATOR HENDON) Senator -- President Cullerton.

Boy, I wish you would get on that committee, because we had the Governor’s witnesses there. Senator Righter asked some very good questions. They gave great answers. The answer is, yes, they are competitively bid. That’s what I’m told.

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy, to the bill, sir.

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy. Senator Murphy. Please, sir. I’ve been quite indulgent. You’ve gone beyond the timer. To the bill, sir. There are other lights lit. Senator Murphy, to the bill.

PRESIDING OFFICER: (SENATOR HENDON) 88  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Senator Murphy, the -- we put it on a timer. You -- I’ve given you a lot of time. You’re one of my dearest friends. There are other lights lit. Your time has expired. I gave you two extra minutes. If you were in the House, you would be three minutes over. Senator Murphy, to the bill, my friend.

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Murphy. The -- the Presiding Officer tonight will accept no outbursts like he made while he was on the Floor yesterday. Senator John Jones.

PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Jones.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton. President John Cullerton.

Yes, thank you. I apologize, I -- I -- I remembered that I -- this provision was in. I didn’t even know it was in when we were in committee and you’re right. This is very similar to what we did last year. So, if the Governor needs to make cuts, he can do so through rule, but we provide that he still has to go through JCAR. So that’s the purpose of this - to give the Governor flexibility. That’s why it’s called the Emergency Budget Act.

PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.

PRESIDING OFFICER: (SENATOR HENDON) Senator John Sullivan.

Thank you, Mr. -- thank you, Mr. President.

PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.

Thank you. A question of the sponsor.

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

President Cullerton, there’s been some concern from retired State employees with regard to additional cost for their health benefits, and I think it was included even in an earlier draft. With that in mind and for the purpose of legislative intent: The Group Insurance Act provides a number of benefits. For example, there is a provision for the State to contribute toward the cost of annuitants’ and survivors’ coverage in an amount equal to five percent of the cost for each year of service. Is 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 there anything in this bill that could jeopardize those benefits?

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

It is the Legislature’s intent that the provisions of the Emergency Budget Act are not meant to diminish benefits provided to retirees or annuitants pursuant to the State Employee Group Insurance Act of 1971.

PRESIDING OFFICER: (SENATOR HENDON) Kevin Lee from the Illinois Statehouse News seeks leave to videotape. Is leave granted? Leave is granted. Senator Dillard.

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

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

The answer is, yes. And in committee, the testimony was very clear. This entity is going to consist of three, I think, 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 trustees. And they’re going to meet once. There’s no employees. It’s set up for the purposes of insulating the State to make sure that the State is never going to be on the hook for these -- repayment of these bonds. And so all of those things are true.

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

Well, the bill references those Acts and it incorporates it by reference. So -- which -- it’s a really interesting question. We want to make sure it’s covered. But as I said, this is a -- this is a three-person entity that is set up, which meets once, issues the bonds and they’re done. And the purpose for which they’re set up, I’ve explained - so that we are -- we -- they’re separate from State government so that there’s no recourse back on the State for the repayment of the bonds.

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

The answer is, yes.

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

The provisions of the law, with those restrictions, apply.

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard, your time is winding down. You -- but I’m, of course, going to give you more time. Senator Dillard.

PRESIDING OFFICER: (SENATOR HENDON) Leader Righter. Leader Righter will be the final speaker before President Cullerton closes. Leader Righter.

PRESIDING OFFICER: (SENATOR HENDON) Leader Righter.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton, to close.

I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 2428 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 31 voting Aye, 26 voting Nay, none voting Present. House Bill 2428, having received the required constitutional majority, is 97  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 declared passed. Please turn your Calendar to page 31. House Bill 543. House Bill 543. President Cullerton, do you wish to proceed? Madam Secretary. President Cullerton seeks leave of the Body to return House Bill 543 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 543. Madam Secretary, have there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton, on Amendment 1.

I’d like to adopt the amendment and debate the bill on 3rd Reading.

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

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 543. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.

Thank you. This bill deals with our pension obligations. You may recall, last year, in a bipartisan fashion, we worked with both parties and we -- we got support from both sides of the aisle, both Chambers, to do a pension note. We borrowed money to pay for our pensions. We ended up selling those notes, I think, in February, and the money went into the Pension Fund and they were not shorted. This year, a similar proposal was advanced by the Governor’s Office, only difference being they wanted to pay it off over eight years instead of five. Requires a three-fifths vote. Over in the House, the bill was advanced and there was no bipartisan support. So, as a result, the bipartisanship broke down and the Republicans in the House said, no, and, therefore, we could not borrow. It’s about a 4.1- billion-dollar obligation. We, in this Chamber, of course, have passed a revenue measure that would have covered that. It’s over in the House. Hasn’t been voted on. So that is one way of paying for these obligations. You raise the money. Or, we could find four billion dollars’ worth of cuts. In a twenty- six-billion-dollar budget, that would be pretty tough, especially when certain things are taken off the table - taken off the table. The Medicaid payments - you -- you cut any of those, you lose federal dollars. We had a passionate speech, and many speeches here on the Floor of the Senate last year, when we restored the MAP program. The four million dollars of - - the four hundred million dollars of the MAP program. We’ve got to fully fund the MAP program. We can’t cut any of that. 99  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 It’s not even essential to operation of State government, but we can’t cut that. So, I think you can understand how difficult it would be to cut four billion dollars. Well, there’s another thing we can do. We could change the law and we can have a pension holiday. We could just not pay any money into the pension fund. I think that’s irresponsible. That should be avoided. We should not just give up our obligation to pay money into the pension fund. But, if we do nothing, the way the law reads, those payments -- there’s a continuing appropriation for those payments, quarterly, and starting July 1st, every quarter, we got to pay about a billion dollars. And it comes out of our -- of our -- our State funds and it’s not included in our budget. So it would be an additional four-billion-dollar hit. It would be in effect a four-billion-dollar cut. So, in light of the fact that we don’t have bipartisan cooperation to borrow; in light of the fact we don’t have enough support, bipartisan support, in the House to pass revenues; in light of the fact that we don’t want to have a holiday; in light of the fact that we cannot do nothing - we have this bill. This bill says that we still have this obligation and the Governor’s authorized to put money into the pension funds, but the Governor’s going to be given the authority to do that when he finds the money. Now, that could be when things change around here and people decide they want to go back and do the borrowing, or if, for some reason, there’s a revenue increase, or there’s some way in which economy gets better and there’s a certain amount of money that might come. The Governor doesn’t have to pay it all at once. He can pay in as much as he certifies that he has available. And we don’t have a date certain. We say the Governor can do 100  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 it. So, it’s true. It’s possible, if the money never shows up, it would be the equivalent of a holiday, ‘cause he didn’t have any money to pay it. But it’s not saying it’s a holiday. It gives the Governor the authority to pay the money when he can. Once again, it’s very unfortunate. Would have been nice to have more revenue coming into the State. Would have been nice to not have to borrow. We certainly were very responsible this year when we did pass a major reform of the Pension System. When it’s recertified, we’ll save four hundred million dollars in -- in just this year’s payment. But, unfortunately, we’re in this crisis and this is what we have to do. Be happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy. The Chair would appreciate succinct questions and descriptions of your legislation and succinct statements. Senator Murphy. That wasn’t just for you, Senator Murphy. It was for President Cullerton as well. Senator Murphy.

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

PRESIDING OFFICER: (SENATOR HENDON) Senator Brady. I don’t know who you think is presiding right now, but I told you I will not tolerate any of that tonight, whatsoever. That was yesterday, Rev. Senator Brady.

PRESIDING OFFICER: (SENATOR HENDON) 105  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 There are two final speakers - one Democrat one and then Leader Righter - and then President Cullerton, to close. Senator Schoenberg.

Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR HENDON) …bill, sir.

I must have missed something, or just last night, we voted to make cuts. Most of those votes came from this side of the aisle. The other side chose not to participate. And as influential and powerful as the Governor of a big State like Illinois is, I have news for you, my friends. The Governor of Illinois doesn’t control the Chinese currency rates. The Governor of Illinois doesn’t control the global credit crisis precipitated by subprime markets. The Governor of Illinois didn’t send State workers out into the streets in Greece to complain about the euro and the cuts that have to go there. We are facing the worst economic conditions since the Great Depression. We can’t overlook that. There are some things that not even the Governor of Illinois can control. And the Governor of Illinois, if he inherited many things right now, he also inherited a 1995 Pension Law, which guaranteed that the State’s contribution would go up the highest. Who would have known fifteen years ago that we’d have to pay the most at a time when the global economy was going to be the worst? It must have been brilliant. How did somebody -- how did Steve Rauschenberger have the foresight to know that fifteen years from now the global economy was going to go in the tank, that unemployment 106  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 was going to exceed ten percent? How did he know that to put that kind of pressure on us? How did he know? How did anybody know that there were going to be more people relying on the State of Illinois for public health insurance than at any time? How did anybody know fifteen years ago? It was brilliant. The 1995 law - it had nothing to do with tying it, our contributions, to actual economic conditions. So when the economy was its most robust, at the end of the Clinton administration and the turn of the century, we didn’t pay one penny more. And that’s with Democrat and Republican cooperation. There’s plenty of red ink on everyone’s hands here at the Capitol. We all need to take ownership of the problem and this is one way to do it. I vote Aye.

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Jack Tichenor from WTTW seeks leave to videotape. Leave is granted? Leave is granted. Leader Righter. Our final speaker, Leader Righter.

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Leader Righter. President Cullerton, to close.

Yes, thank you, Mr. President. Let me address some of the issues raised. Little bit of an exaggeration to say that this 108  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 is costing forty billion dollars - it’s four billion dollars that has to be put into the pension fund. If it’s put in in January, we lose six months’ worth of interest. If we don’t put the four billion in ever for the next thirty-seven years, okay. But that’s not what we’re talking about. We’re talking about giving the Governor the authority to put this money in. Now, I don’t know if I really understand the difference between last year and this year. Last year, you let us borrow because we wanted to fund the pension fund. You voted for it. This year, you’ve changed your mind. We certainly don’t have any more money than we had last year. We have less money because of -- the stimulus money is gone. So we even have a greater reason to borrow and you guys, for some reason, have changed your mind and now this year you don’t want to help us borrow. I wonder if it has anything to do with the fact that there’s an election this year. That’s all I can think of. Now, let me make another clarification to a point that was made. House Bill 174 would be a way of funding this bill. It’s over in the House. There has never been an income tax in Illinois without bipartisan support. Republican Governors Ogilvie, Thompson, twice, and Edgar, are the reasons why they passed. We need bipartisan support. We don’t have it. So we don’t have the four billion dollars. But the suggestion that we’ve had a lot of ideas from you on how we can go forward next year was the point I was trying to make last night. You know, I was actually looking forward -- for the first time in a hundred and seven years, we have a sitting legislator running for Governor. The first time in a hundred and seven years where a legislator could -- who expects to be, would hope to be the Governor for the second half of the fiscal 109  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 year, that he’s actually voting for a budget. He could walk down, right there, and present his own budget and he actually had a bill, Senate Bill 1525. We assigned it to committee on March 11th. And on March 11th, he gave the sponsorship over to somebody else, instead of going to the Reference Bureau, getting the budget that he would want to have for the second half of his -- of -- of this fiscal year, the first half of your -- of his administration. So that’s what we’re talking about when we say we haven’t heard from you guys. And so now we’re left with this unfortunate situation because of all of the reasons that were stated before. Unfortunately, we have to borrow. Unfortunately, you won’t let us do that. We don’t want to do a holiday. We want to give the Governor the flexibility so that these pension funds will eventually be paid. And that’s what this bill does. Once again, I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 543 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 31 voting Aye, 26 voting Nay, none voting Present. House Bill 543, having -- received the required constitutional majority, is declared passed. House Bill -- I mean, I’m sorry, 991. Senator Trotter, on 991. Senator Trotter seeks leave of the Body to return House Bill 991 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 991. Madam Secretary, have there been any amendments approved for consideration? 110  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.

Thank you much -- much, Mr. -- Mr. President and Members of the Senate. If we could adopt Amendment No. 2, No. -- Amendment No. 2 becomes the bill and I’ll…

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?

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 991. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.

Thank you, Mr. President, Members of the Senate. House Bill 991, as amended, appropriates 327.9 million dollars to {sic} (from) the Education Assistance Fund to the State Board of Education to increase mandated categorical funding to the FY’10 111  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 appropriation levels. This funding takes effect only if the cigarette tax becomes law. The background to this is that the mandated categoricals were appropriated at 1.6 billion GRF. House Bill 991 will restore approximately three hundred million to those programs to bring them in line with the FY’10’s appropriation level. This increase is in -- contingent upon the passage of Senate Bill 44, which is the cigarette tax increase.

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Murphy.

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

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.

Then this would not be appropriated, sir.

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.

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

The cigarette tax, which will pass, which is Senate Bill 44, will be a dedicated revenue stream which we would be able to pay for these mandated categoricals. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 991 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 33 voting Aye, 21 voting Nay, none voting Present. House Bill 991, having received the required constitutional majority, is declared passed. Senator Hutchinson, for what purpose do you seek recognition, my dear?

Thank you, Mr. President. I would like to take a moment on this -- what appears to be the last day we’ll be here, for a 113  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 minute, to recognize those of our colleagues who were born in May. We have my lovely seatmate, Senator Heather Steans. Her birthday is tomorrow, May 8th. And then we also have our lovely Assistant Majority Leader Kim Lightford. Leader Lightford’s birthday is on the 10th. And then Senator A.J. Wilhelmi’s birthday is on the 14th. And Senator Emil Jones’ birthday is on the 16th.

And she didn’t want to introduce herself, but Senator Toi Hutchinson is on May 20th. So we get to…

PRESIDING OFFICER: (SENATOR HENDON) Let’s say happy birthday to all our Senator colleagues who are getting old, very old, right before our eyes. Senator Steans, Hutchinson, Jones and Lightford and Wilhelmi. And -- okay, Senator Steans at Senator Hutchinson’s mike. Briefly, quickly. Ladies, come on now.

We forgot Senator Maloney, May 22nd.

PRESIDING OFFICER: (SENATOR HENDON) And Senator Maloney turned 91 on May 22nd. Senator Viverito, for what purpose do you seek recognition, sir?

Mr. President, there was a dear old friend of ours who was also born on May 7th, I think, wasn’t it? That no other -- finest guy, wonderful personality, another Italian, Vince Demuzio. Let’s remember him too.

PRESIDING OFFICER: (SENATOR HENDON) That’d be Vince. Big Vince. Happy birthday to all our colleagues. Supplemental Calendar No. 1, if you would, Ladies 114  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 and Gentlemen of the Senate. House Joint Resolution 121. Senator… Supplemental Calendar No. 2, I’m sorry. Senator Noland. Madam Secretary, read the resolution. Senator Noland seeks leave of the Body to return -- to adopt… Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.

Thank you, Mr. President. The amendment simply makes a couple of technical corrections to the original amendment from the House. Couple of scrivener’s errors that changed the word “the” to “a”, and then also inserts the word “special” into election, that was heard in committee and I think we satisfied any of their concerns. Overall, the -- the -- the amendment sets forth a brief explanation of the proposed amendment, which is the recall bill for the Governor. Sets out the pros and cons for the voters to read as they vote on it on the ballot in November. I urge an Aye vote.

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

PRESIDING OFFICER: (SENATOR HENDON) 115  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 3rd Reading. Now on… Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.

Thank -- thank you, Mr. President. I’ve already explained the vote -- or, already explained the amendment. Ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) All in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senate Bill 43. Senator Raoul. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) With leave of the Body, we’re going to return to the -- House Joint Resolution 121, because it may require expenditure of State funds and require a roll call. All in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? This on the Joint Resolution that we just passed. We determined it may need a roll call. All voted who wish? All voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Joint Resolution 121, having received the required constitutional majority, is declared passed -- adopted. Now 116  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 we’re going to Senate Bill 43. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, on Amendment No. 3.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Amendment 3 of Senate Bill 43 comes about as a negotiation of CTA, RTA, and the Amalgamated Transit Union to make changes to the Retiree Health Care Trust. There are four components to it. It’s a clarification of a law we passed a couple of years ago; that the retiree health care plan limitations on PPOs does not exclude the Board from offering a hundred-percent HMO plan. It removes the retirement of -- age of 55 with 10 years of service for employees hired before September 5th, 2001. It coordinates the Retiree Health Care Trust beginning with exhaustion of the 401(h) account. And it rewords a Section for assessing the trust fund funding level and other plan changes. There is no cost to the State or any unit of local government - to CTA, RTA, the State or any unit of local government. The cost would be borne by the employees and retirees.

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

PRESIDING OFFICER: (SENATOR HENDON) 117  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Indicates he will yield. Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

If they were hired before September 5th, 2001. And this only applies to the end of the current collective bargaining agreement. So there is a -- a finite period of time where this would be accessible.

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

You’d have access to the HMO plan, under those circumstances.

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Jason Wambsgans from Chicago Tribune seeks leave to -- to take photographs. Leave granted? Leave is granted. Senator Trotter.

Thank you very much, Mr. President, Members of the Senate. We heard testimony in the committee from the -- the attorney from the union, as well as from their trustee, that the cost for this benefit will be borne by the employees only - one hundred percent. There is no cost to the taxpayers. So, with that, sir, I -- I just encourage everyone to -- to vote Aye for this - - bill. If they want to pay for it themselves, let ‘em.

PRESIDING OFFICER: (SENATOR HENDON) Leader Righter, our final speaker before Senator to close. Leader Righter.

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Leader. Senator Raoul, to close.

Thank you, Mr. President. I want to reiterate. There’s no cost - no cost. The RTA stopped me as I was coming out of the committee and -- and -- and the RTA said they signed off on 120  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 this. They wouldn’t sign off on this if it was costing ‘em. This is subject to collective bargaining. There’s a court injunction right now that puts this into effect. The retirement age as a result of the -- the law that we passed a couple of years ago is sixty-four years old. So, let’s not mischaracterize what this is. This is, as one of the Members said in committee earlier, a clarification as a result of collective bargaining. And collective bargaining is something we have to respect. There’s no cost to the State. There’s no cost to any unit of local government. Let’s not mischaracterize what this is. I urge an Aye vote on this.

PRESIDING OFFICER: (SENATOR HENDON) The question is, does the House concur in House Amendments No. 3 -- does the Senate concur in House Amendments {sic} No. 3 to Senate Bill 43. 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 30 voting Aye, 18 voting Nay, none voting Present. The House concurs -- the Senate concurs in House Amendment No. 3 to Senate Bill 43. And the bill, having received the required constitutional majority, is declared passed. House Bill -- Senate Bill 326. Senator Steans. Madam Secretary, read the bill. Madam Secretary, read the motion -- I mean, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) 121  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Senator Steans.

Thank you, Mr. President, Members of the Senate. We have all become aware, through many reports, of the real concern there is about safety of residents in nursing homes, on the quality of their care. In response to some of these reports -- and it really has been tragic. I know my district, as -- well, as many others, have been gravely impacted. The Governor’s Office established a Nursing Home Safety Task Force, under the leadership of Michael Gelder. They developed a comprehensive report and then worked with Speaker Madigan’s legal counsel, David Ellis, in terms of turning that in into what we are now having before us in this bill. This bill does a number of things that help enhance the prescreening and background check process, set and enforce higher standards of care in our nursing homes, and assist transition in the community by expanding home and community-based residential service options. I’m going to touch on just some of the key few elements in this. It’s a very comprehensive bill. Some of the key things that are happening in here is that their -- pre-admission screening process is expanded so that potential residents of nursing homes are given more options to be able to go into a community-based setting, and folks with a serious mental illness get a post-screening examination as well. It also raises staffing ratios. And Senator Collins has been key in really helping to make sure that we focused on this, to raise skilled care, the number of hours per resident per day from 2.5 to 3.8 in skilled care facilities. It also requires nursing homes to obtain new certificates if they are going to serve folks with serious mental illnesses. 122  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 And those that pose a risk of danger to others are now going to be segregated in separate wings of those nursing homes, so that we no longer have folks that are of danger living next door to our frail and elderly nursing home residents. This also creates higher fines and penalties and better enforcement mechanisms for the Department of Public Health. So, when a nursing home is a poor performer, in fact, we can go in and take action. Finally, it provides for the development of a community transition plan to allow residents to access or acquire resources to transition from the nursing home to a community. To help fund some of the increased costs for the Department of Public Health, there is a doubling of the license fees that the nursing homes have agreed to. In addition, we’re going to be establishing a working for - - working task force of providers, of advocates and State agencies that’ll take a look at creating a new bed tax or provider assessment that we will present to the General Assembly by November 1st, 2010. I’d be happy to answer any questions on…

PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.

Some questions for legislative intent, Mr. President.

PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.

Senator Steans, how does Senate Bill 326 define “neglect”?

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

Senate Bill 326 defines “neglect” as a facility’s failure 123  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.

PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.

Is it your intent that this definition be the plain meaning -- plain meaning of the words?

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

Yes.

PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.

Therefore, is it true that under the provision of Senate Bill 326, if a nursing home fails to provide or willfully withholds adequate care to a resident and such action -- actions result in the resident suffering physical harm, mental anguish, or mental illness, then the facility has committed neglect?

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

That is correct.

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

It is a flat fee and it doubles.

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

It -- it’s currently nine hundred ninety-five dollars.

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

Yes. These funds will be used by DPH, the Department of Public Health, to hire more surveyors.

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

It’s very close to full coverage for the first year. Currently, we have thirty-seven -- excuse me, thirty-four surveyors. We need to do seventy-one under this new bill, which means thirty-seven new hires at a cost of about a hundred and twenty thousand dollars per year per surveyor, for a total cost of four million dollars. Seventy-five percent of that we get from federal match, so it costs us one million dollars. And this is estimated to provide at least eight hundred thousand dollars in revenue. So there may be some small cost, but we think there’s implementation time, so we probably won’t use it all this year. So we think this will cover it. And then the 126  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 intent is that once we do the provider assessment that we’ll be presenting by November, that is, revenues from that, well, that will be funding ongoing implementation of the bill. So there will be no -- the intent is there will be no cost to GRF.

PRESIDING OFFICER: (SENATOR HENDON) Are you done, Senator? If you could, Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

No. We -- we currently get federal match for -- much of the activity that takes place in many of the nursing homes. So that is not a new match. Some of the -- we have some increased matches for some things at the moment, but this is not a new match. And -- and under the provider tax, in addition, when we -- as we move that forward, we also get additional federal match from that if we put that in place going forward.

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

Well, the provider assessment, there is a work group that will look at establishing a provider assessment and that will develop the plan. It’s -- it’s composed of folks from the advocacy groups, providers, State agencies, and the Governor’s Office. And it will take a look at how we can establish Medicaid rates that reflect the increased staffing standards. And it’s based on -- also reflective of care -- the increased staffing requirements and the care need of the residents.

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson, if you could, sir. Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans. I’m sorry. Senator Syverson, to conclude your…

PRESIDING OFFICER: (SENATOR HENDON) Two-part question.

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

Yes. There is a definition in there and it’s broader than it is currently. And that was negotiated with the providers, in terms of the definition of RN, LPN, and the various categories that count towards this. Currently, most of the non-profit facilities are already meeting these standards. I can’t tell you the exact percent, but I know it’s very close to -- I mean, you know, it’s -- it’s well above fifty, close to a hundred percent. Not all of them, but most of them are. It’s some of the for-profit and the ones that we had found in the studies that have been going on that have not been providing the quality care that really are at the lower staffing levels right now. I can’t tell you the exact numbers that are going to have to move up, but it is broadly defined and we have worked this out. And it is also phased in over four years. So each year it’s ramped up somewhat on to meeting, so there’s time to phase in meeting those new standards.

PRESIDING OFFICER: (SENATOR HENDON) Senator Collins. 129  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise, too, in strong support of this legislation and to commend my colleague, Senator Steans, for her exceptional leadership on this piece of legislation. I also want to commend the extraordinary work and collaboration between many advocates and stakeholders, many who are sitting in the gallery this evening. But I would like to make a few observations. As a former journalist, I don’t believe we would have had -- or made the progress we celebrate today without the superb investigative series, “Compromised Care”, that appeared in the Chicago Tribune, written by David Jackson and Gary Marx. However, one aspect of the series -- one aspect of the series was missing - the disparity issue and dealing with the staff and quality inequities that persist in black nursing homes. In July and August of 2009, The Chicago Reporter did a series as well - a report written by Jeff Kelly Lowenstein, who reported that Illinois leads the nation in the highest number and highest percentage of poorly rated black nursing homes. What The Reporter found was there was a direct correlation between staffing and quality, especially as it relates to registered nurses. Sadly, the analysis of The Chicago Reporter reinforced the common belief of families who had been victimized by inadequate care of their loved ones. This was a issue that I have been fighting for the last two years, in conjunction with my House Representative Mary Flowers and other community leaders, to address the quality of care of nursing homes in our district. Unfortunately, The Chicago Reporter article did not generate the attention or momentum of the Chicago Tribune 130  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 series. Therefore, I was pleased and greatly appreciative of my colleague, Senator Steans, and other advocates for allowing me to place the staffing issue on the table. And I want to especially recognize Governor Quinn and the task force that he pulled together, headed by Michael Gelder. I got a personal commitment from Michael Gelder…

PRESIDING OFFICER: (SENATOR HENDON) Senator, if you could, please.

I will.

PRESIDING OFFICER: (SENATOR HENDON) Please. Senator Collins.

This -- this is important to me. Just let me finish, please.

PRESIDING OFFICER: (SENATOR HENDON) If you would wrap it up. I’m giving you more time, Senator Collins. It’s equal opportunity around here. Senator Collins.

So let me retract again or go back. I wanted to commend Governor Quinn for forming the task force under the leadership of Michael Gelder, who gave me a personal commitment, as -- as well with Dave Ellis, Speaker Madigan and President Cullerton, that staffing would remain on the table. So, while I am pleased with the provisions for increased staffing, we need to continue working to find an adequate funding source. So, again, I wanted to especially thank all the -- of the advocates who worked so strenuously on this initiative. Thank you.

PRESIDING OFFICER: (SENATOR HENDON) 131  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Senator Raoul.

Brief question for the sponsor. Is there a liability coverage requirement in this bill?

PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.

There is not. Most of the nursing homes have it. There is not. I think that is an issue that was left undone, that I personally look forward to coming back to at -- at some future point.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

To the bill: You know, I want to commend Mr. Gelder, but I would think that the Governor, in a reform effort -- you know, I’m not sure this is real reform. It seems a little bit too political. But for you, Senator Haine -- Steans - Senator Steans - Senator Steans, I’m going to vote for this. But I’m not sure this is real reform. It seems a little bit too political.

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

Well, I think taking care of our seniors and folks with mental illnesses in our nursing homes is definitely not too political. This is something that has been way overdue in Illinois. And there are many points along this process that I feared, once again, the residents were going lose out to the 132  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 owners. And this did not happen for many reasons. There were advocates at every point along the way who kept their voices very loudly heard on what needed to do. There were folks who were putting attention and pointing light on how this was going. And, the nursing home providers and the industry folks operated in very good faith. They, too, really caring about the quality of care and the residents and wanting to make sure that the bad actors were getting addressed, that this needs to be comprehensive and well done for all of our residents. It was an incredibly coming-together experience, and Michael Gelder and Dave Ellis are truly to be commended. Many disparate voices in this really worked together to get to something that was agreed to. I think very encouraging that we have yet another example today when we do work together on what we can accomplish in Springfield under this dome. I look forward to getting more of that done. But I feel very proud of the work that was accomplished by many people on this bill and very much urge an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR HENDON) The question is, does the Senate concur in House Amendments No. 1, 2 and 3 to Senate Bill 326. 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 46 voting Aye, 8 voting Nay, none voting Present. The Senate concurs in House Amendments No. 1, 2 and 3 to Senate Bill 326. And the bill, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, this is my final time being in the Chair this Session. I appreciate all of 133  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 your patience with me. Senator Harmon in the Chair.

PRESIDING OFFICER: (SENATOR HARMON) Let’s pick up the pace a little. Senator Hendon was dragging his feet. Still on the Order of the Supplemental Calendar is Senate Bill 1332. Senator Steans, are you seeking recognition?

I certainly went to push my button, thought I got it. I’m told I might not have voted. I certainly want to be recorded as an Aye vote on that.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. If you did not vote, the record will reflect your intention to vote Aye. Senator Dillard, do you wish to proceed? Madam Secretary, read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Dillard, to explain your motion.

PRESIDING OFFICER: (SENATOR HARMON) 134  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Thank you. Is there any discussion? Any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1332. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. And Senate -- having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 1332, and the bill is declared passed. Senate Bill 1526. Senator Schoenberg. Madam Secretary, please read the resolution -- the motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg, to explain your motion.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I urge the Senate to concur in House Amendments 1 and 3 to Senate Bill 1526, which is the lobbyist registration trailer bill. The highlights of this are that the registration fee is reduced from one thousand dollars to three hundred dollars, which is -- as we know, the -- the thousand-dollar level was recently held as unconstitutional. The three hundred level is the actual cost. Secondly, that individuals lobbying members of state board, commissions, authorities, or task force must register to -- as lobbyists, so that if they indeed lobby boards like the Health Facility {sic} (Facilities) Planning Board, the 135  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Tollway Authority or the Finance Authority, they need to be registered. There’s a prohibition -- there’s a prohibition on a person registered as a lobbyist from serving on boards and commissions. There’s several other provisions. And at the appropriate time, I’d like to have a very brief exchange with Senator Garrett for legislative intent.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Dillard, for what purpose do you seek recognition? Senator Dillard, are you seeking recognition? Senator Garrett, do you wish to be recognized? Senator Garrett.

Yes. Yes. I have a question for the sponsor.

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

Yes. Is the intent of Section 3(c) of the Act to require the Secretary of State to compile a list of all boards, commissions, authorities, and task forces that would fall under the definition of “officials” in Section 2(c)(5) of the Act?

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.

Yes.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Is the intent that this list only contain those State boards, commission {sic}, authorities, and task forces that have 136  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 the authority to make binding recommendations or determinations?

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.

Yes.

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, Senator Schoenberg, do you need to close? The question is, shall the Senate concur in House Amendments No. 1 and No. 3 to Senate Bill 1526. 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. Having received the required constitutional majority, the Senate does concur in House Amendments No. 1 and No. 3 to Senate Bill 1526, and the bill is declared passed. Senate Bill 2612. Senator Althoff. Madam Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff, on the motion.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 2612. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 2 to Senate Bill 2612, and the bill is declared passed. Senate Bill 3129. Senator Righter. Madam Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter, on the motion.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall the Senate concur in House Amendments No. 1 138  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 and No. 2 to Senate Bill 3129. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments No. 1 and No. 2 to Senate Bill 3129, and the bill is declared passed. Senate Bill 3576. Senator Schoenberg. Madam Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I -- I urge the Senate to concur in House Amendment No. 2 to Senate Bill 3576. You may recall that under the guidance of the Illinois Reform Commission, we worked closely to overwhelmingly pass a sweeping series of changes in purchasing and contracting procedures. This is the 2.0 version of that. It aligns the policies with the start dates so that they’ll be enforceable. It acknowledges and makes a change so that the Secretary of IDOT appoints the chief procurement officer, subject to the approval of the Executive Ethics Commission, confirmation of the Senate, so that we can indeed not be concerned with losing federal funds. It makes a number of other changes for subcontractors that are very favorable. And I’d be 139  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 happy to answer any questions.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 3576. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 2 to Senate Bill 3576, and the bill is declared passed. On page 2 of the Supplemental Calendar, at the top of the page, is Senate Bill 3619. Senator Syverson. Madam Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson, to explain the motion.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3619. All those in favor will vote Aye. Opposed, 140  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 3619, and the bill is declared passed. Senate Bill 3658. Senator Demuzio. Senator DeLeo in the Chair.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, continuing on Secretary’s Desk, Concurrence, Senate Bills, comes Senate Bill 3721. Senator Harmon, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Harmon, to the motion, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3721, as amended by the House, is very similar in character to a bill we passed out of the Senate last year, Senate Bill 1607. It is intended to provide a better method for the Illinois Environmental Protection Agency to regulate the disposal of soil from construction sites. This product before us is -- is the initiative of the Illinois Environmental Protection Agency. It allows a -- the disposal of very clean soil in quarries, soil mixed with construction and demolition debris in construction and demolition debris 141  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 facilities, and contaminated soil in landfills. The -- the basic outcome of this is we could not figure out how best to do this, but have laid out a proposal for the Illinois Environmental Protection Agency to promulgate rules within the next year and for the Pollution Control Board to act on those rules within the year following that. There are interim guidelines set forth in the bill that will cover us in that period while we’re waiting for the final rules. It is agreed by most of the principal stakeholders. There is still some opposition from the landfill operators and it is my intention to work on a trailer bill to try to address some of their concerns. I’d be happy to try to answer any questions.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Further discussion? Senator Righter, did -- did -- did you want to speak on this matter, sir?

PRESIDING OFFICER: (SENATOR DeLEO) 142  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Senator Righter, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.

Thank -- thank you, Mr. President. Senator Righter, thank you for your question. This bill does create a State tipping fee for the construction and demolition debris facilities of twenty cents per cubic yard or fourteen cents per ton of material. I want to call out to the Members’ attention, this is one-fifth of the current landfill tipping fee where the material will be disposed of if it weren’t going to these facilities. It’s also -- the proceeds will be used by the IEPA for inspection and enforcement. It also authorizes, but limits, local government fees as well.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter. Okay, seeing no further discussion, Senator Harmon, to close, sir. Okay, Ladies and Gentlemen, the 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 question is, shall the Senate concur in Senate Bill 3721 in House Amendment No. 1. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 50 Ayes, 2 voting Nay, 1 voting Present. Senate Bill 3721, does concur -- having received the constitutional majority, the Senate does concur in Amendment No. 1, and the Senate Bill 3721 is declared passed. Okay, Ladies and Gentlemen, I ask you to turn your attention to the printed Calendar. On the printed Calendar, we will go to page 35 - 35 on your printed Calendar. On the top of page 35 is House Bills 3rd Reading. House Bill 6202. Senator Harmon, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary. Senator Harmon, I believe you’re seeking leave of the Body to return House Bill 6202 back to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 6202. Madam Secretary, has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon, to the amendment.

Thank you, Mr. President. The amendment becomes the bill and reflects a compromise on solar energy. I move for its adoption.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Dillard, do you want to speak on the 144  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 amendment, sir? Senator Dillard.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, all those in favor of adopting Floor Amendment No. 3 will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 6202. Senator Harmon, you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill for the third time.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon, to the bill.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 6202, as amended, provides a modest 145  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 retooling of the renewable portfolio standard to jumpstart our commitment to solar energy and the jobs that will be created by it. With the amendment, having taken the advice of Senator Dillard and Senator Jacobs and Senator Clayborne, we’ve eliminated most of the opposition and concern to this. I ask for your Aye votes.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Dillard, do you want to speak on the bill, sir? Okay, spoke to the amendment. Okay, Ladies and Gentlemen, seeing that there’s no discussion, all those in favor will say Aye. All those opposed will -- excuse me. Excuse me. Excuse me. Excuse me. Seeing no further discussion, the question is, shall House Bill 6202 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. All voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. House Bill 6202, having received the required constitutional majority, is declared passed. President Cullerton, are you seeking recognition, sir? For what purpose do you rise?

Mr. President -- thank you, Mr. President. Just for the purposes of an announcement. We are distributing the schedule for the Veto Session. It -- as you can see, it will be a -- the week before Thanksgiving and the week after Thanksgiving. We have, in the Senate here, passed bills that would, generally speaking, constitute the budget for the State of Illinois that are pending now over in the House. I don’t think the House is - 146  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 - looks like they’re going to be finishing that work tonight. So I anticipate that we will come back one more day to finish up the work that the House may have sent over to us. And, I don’t think it’ll be more than one day. I can’t tell you what that day would be, ‘cause we’re waiting to make sure the House completes their work. In the meantime, of course, though, we -- we know what your -- your schedule will be for the Veto Session after the election. And we’ll be back one more time, but can’t tell you what day it’ll be. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Okay -- Senator Righter, for what purpose you rise? Ladies and Gentlemen, we still have substantial -- a few more bills to finish. We have not completed the business of the Senate. There’s four more bills pending. Four more bills, and then we’ll do the adjournment resolution. So please stay with us. Put your computers back down on your desk. Relax a few more minutes and -- Senator Righter, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your inquiry, sir.

PRESIDING OFFICER: (SENATOR DeLEO) It -- the President has…

PRESIDING OFFICER: (SENATOR DeLEO) …indicated probably Sunday, about noon. Okay, Ladies and Gentlemen, I ask you to turn your printed Calendars to page 33. House Bills 3rd Reading. In the middle of page 33 is House Bill 4711. Senator Maloney, do you wish to proceed, sir? He indicates he does. Madam Secretary, read the gentleman’s bill. Okay, I believe that Senator Maloney is seeking leave of the Body to return House Bill 4711 back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Leave is granted. Now on the Order of 2nd Reading is House Bill 4711. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney, to the amendment, sir.

Thank you, Mr. President. Floor Amendment 1 becomes the bill. Be happy to explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Seeing none, all those in favor of adopting Floor Amendment No. 1 will say Aye. All those opposed will say No. It’s the opinion of the Chair, the Ayes have it, and the amendment’s adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 4711. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the bill for the third time.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Maloney, to the bill now, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. From time to time, we have all heard from our school districts relative to some of the unfunded mandates that we have passed. Senate Bill 47 -- House Bill 4711 came over here from the House with a 103 votes and the opposition to this particular bill didn’t really materialize till we got to committee. At committee, I -- I indicated that I would work with the people who were opposed. We have the amendment - that now becomes the bill. Seems to have satisfied everybody to the point they are neutral on the bill. What the bill does, it relieves school districts with the obligation to comply with any statutory regulatory mandate if a separate appropriation has not -- has not been enacted. However, it requires that the school district, in order to waive the mandate, must verify the cost to the regional superintendent before they can modify or discontinue the mandate. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) 149  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate -- shall House Bill 4711 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 1 voting Present. House Bill 4711, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 6195. Senator Dillard. Do you wish to proceed, sir? Indicates he wishes to proceed. Senator Dillard, I believe, is seeking leave of the Body to return House Bill -- no. Okay. I’m sorry. Senate -- House Bill 6195 is - I’ve been corrected by the Secretary of the Senate - is on the Order of 3rd Reading. Senator Dillard, to the bill, sir. Madam Secretary, read the bill for the third time.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Dillard, to the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Just give us a moment while we check the status of the amendment, sir. Okay, let’s take House Bill 6195 out of the 150  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 record and let’s start all over again. House Bill 6195. Senator Dillard will seek leave of the Body to return House Bill 6195 to -- to the Order of 2nd Reading for purposes of amendment. Is that correct, sir? Leave is granted. Now on the Order of 2nd Reading is House Bill 6195. Madam Secretary, has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Dillard, to the amendment, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Seeing none, all those in -- President Cullerton, did you like to speak to the amendment, sir? President Cullerton.

Would the sponsor yield?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. Ladies and Gentlemen.

151  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Senator Dillard, is this a two-thousand-page bill, and have you read it?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Dillard.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, seeing no further discussion, all those in favor of adopting Floor Amendment No. 2 will say Aye. All those opposed will say Nay. It’s the opinion of the Chair, the Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd -- 3rd Reading. Now on the Order of 3rd Reading is House Bill 6195. Senator Dillard, do you wish to proceed, sir? He indicates he does. Madam Secretary, read the bill for the third time.

PRESIDING OFFICER: (SENATOR DeLEO) 152  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Thank you, Madam Secretary. Senator Dillard, to the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 6195 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 Ayes, 0 voting Nay, 0 voting Present. House Bill 6195, having received the required constitutional majority, is declared passed. I’d ask you to turn your Calendars to Senate Bills 3rd Reading, page 19 of your Calendar. Page 19 of your Calendar. On the bottom of page 19 is Senate Bills 3rd Reading, is Senate Bill 2843. Senator Bivins. Senator Bivins, do you wish to proceed, sir? He indicates he does. Madam Secretary. Senator Bivins is seeking leave of the Body to return Senate Bill 2843 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2843. Madam Secretary, has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 153  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Thank you. Senator Bivins, to the amendment, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Seeing no further discussion on Floor Amendment No. 1, all those in favor of adopting Floor Amendment No. 1 will say Aye. All those opposed will say Nay. It’s the opinion of the Chair, the Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate -- Senate Bill 2843. Senator Bivins, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the bill for the third time.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Bivins, to the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 2843 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that, there’s 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2843, having received the required constitutional majority, is declared passed. Senator Lauzen, are you seeking recognition, sir? Senator Maloney, for what purpose do you rise, sir?

Mr. Chairman, I was helping out some other people vote and I missed my own. So…

PRESIDING OFFICER: (SENATOR DeLEO) The record will so reflect your intentions that you intended to vote Yes. Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: Thank you, Mr. President. For point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Muñoz, please state your point. Ladies and Gentlemen, give the speaker your attention, please. SENATOR MUÑOZ: 155  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Mr. President and Senators, Sunday is Mother’s Day. I just want to wish all our Senators on both sides of the aisle - to the mothers - a Happy Mother’s Day. To the entire staff of the General Assembly - so all the mothers that have been on staff with us, Happy Mother’s Day, and everyone else. Wish you guys a great day.

PRESIDING OFFICER: (SENATOR DeLEO) WEEK -- Television has request permission to videotape the Senate. Seeing no objection, leave is granted. Madam Secretary, Resolutions, please.

PRESIDING OFFICER: (SENATOR DeLEO) Resolutions Consent Calendar. Messages from the House, please.

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

PRESIDING OFFICER: (SENATOR DeLEO) …you. If there isn’t any discussion on the resolutions, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The motion carries, and the resolutions are adopted. Okay, Ladies and Gentlemen, could I have your attention for one second, please? The Chair is going ask for a point of personal privilege. As stated earlier today that this going to be my last Session day, I will not be returning in the fall Veto Session, due to scheduling. My social schedule is -- is expanding very, very, very big since I announced my retirement. I just wanted to let everybody know, it’s been a -- a -- a really wonderful opportunity to -- to be part of this wonderful institution. You know how I feel about the integrity and the -- the -- this -- this building, this Chamber, and it’s just been such a wonderful opportunity this last quarter of a century to be here and to be part of this - people we’ve met along the way. We all -- in election time, we all suffer the same butterflies, the same night before, the same 157  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 agony, the same dirty mail pieces, the same knocking at the doors. And then we come here the day after election and we really try and get -- really get down to the people’s business. I respect that from each and every one of you. There was some wonderful thoughts and speeches made here today in the budget process. And I’ve been here a very long time. I’ve been in the Majority. I’ve been in the Minority. I served in every capacity and chairmanships, leaderships, no ships, and -- and I can tell you that I know each and every one really care. Each - - if you’re a Democrat, you’re Republican, upstate or downstate, I know the men and women care about children. I know the men and women of this Chamber care about seniors. And I think at the end of the day -- yeah, we have some differences. We really do. But at the end of the day, it’s really about the people, the people who elect us. And if you look at the men and women in this Chamber, they truly reflect - they truly reflect - the districts that they represent. So thank you so much, from the bottom of my heart, for letting me part of this. Thank you. Before we adjourn - before we adjourn - I -- I chose a little musical piece that I just want to play for a second, and it really reflects what -- how I feel. Could you put that on, please? (Portion of song “You’ll Be In My Heart” by Phil Collins played) Senator Hendon, are you seeking recognition, sir?

…but -- I just wanted to say, Jimmy, before I leave out of the building, how much I appreciate you. I’m actually wearing a Jimmy DeLeo tie. Jimmy gave me this tie several years ago. And when I’m in the Chair and I’m too hyper or I do something kind 158  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 of wrong, like I did to Senator Collins tonight, Senator DeLeo will always grab me and put me in a headlock and tell me he’s going to throw me in the trunk of his car if I don’t act better. And I just wanted to tell you that I love you. And I kissed you on my way past, you know, and it was a man to man kiss. You know what I’m talking about? I saw them tears almost coming out your eyes and I’m glad you didn’t cry, you know, ‘cause then I’d have to go back to Westside and explain who you really are, again. But I just wanted to say it’s been great. I was planning to leave too. But, you know, we can’t leave John all by himself. So, since you’re splitting, I’ll stay just a little bit longer. But we’re going to lose a great man. Regardless of what some of those folk out there say about you and think about you, we know that you know this institution, you love this institution, and you’ve guided us forward. Peace, my friend.

PRESIDING OFFICER: (SENATOR DeLEO) Chair recognizes Senator Hutchinson.

Thank you, Mr. President. For me, it’s -- this is bittersweet, because I know I begged you not to leave now, since I just got here. So, it’s too soon for me. And I know that people had the pleasure of serving with you for a very long time. But I just wanted to share a quick story about when I first came here and I had to pass my first bill. And everybody knows when you pass your first bill, that you’re going to get hazed. You all know that. And we all expect that. And I knew from working here before that there would be a sea of red lights and then it would all switch to green. And people would ask me questions that I couldn’t possibly answer. But I still didn’t 159  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 know exactly how it was going to be when I stood up and did my first bill. So, in anticipation of it, since I knew there were butterflies in my stomach, I stepped outside in the hallway and Senator DeLeo said, “Come here, kiddo. Let me tell you something real -- let me just tell you something. You just listen to me right now. Listen to me. You be short. You be concise. You be brief. You treat every question like it’s a legitimate question. You let everyone else play. You be respectful and you’ll do just fine.” That was the first piece of advice I got from Senator DeLeo. And I try to not talk unless I have something important to say. And I try to respect the seniority of all of my colleagues that have been here longer than me. But the fact that he pulled me aside and gave me my first bit of advice on that first time, before I passed my first bill, was a blessing from the old guard to the new. And I just wanted to say thank you for that. And I’ll never forget that.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator, my dear pal, Reverend Meeks.

Jimmy, first of all, I’ve been here eight years now and, I don’t know, they start just running together. This is the first time I’ve seen anybody give a goodbye speech from the Chair. Nobody’s done that before. And -- oh, that’s right, you’re special. I look forward to every day of Session to see what you got on. Because I -- there’s never been a day that you’ve walked in to these Chamber and you haven’t been just dressed to the T. And everybody knows that you -- you’re always a class act. When you -- when you’re in the Chair, no matter how the debate is, you’re never - like Senator Hutchinson said - you’re 160  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 never disrespectful to any Member of the Chamber. You got a quick tongue, and you got quick wit, and you cut some people and, when they get outside, they discover that they’re bleeding. But, at the time, what you said really sounded respectful. We have so much that all of us can glean from you. Everybody in here can tell a story. But you’re the most kindhearted person that I know. I never will forget the day you grabbed me and said the shoeshine guy was name -- his name was Billy Ray. He was in there shinning shoes. And you said, “Hey, let’s pay for everybody to get their shoes shined.” And you gave him a hundred and I gave him a hundred and we gave everybody a ticket to say go get your shoes shined. I can’t think of how many days you bought dinner. I can’t think of how many days you bought lunch. And just your spirit of giving and generosity, it says a lot. You’re a class act. And, finally, I’ll say that the song that I thought you were going to play, the -- the -- the song that I -- I thought would be your final song, would be a Michael Jackson song, “Beat It”. Love ya, Jimmy.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. My seatmate, I see your light is lit. Senator Muñoz, who I voted for for many years. SENATOR MUÑOZ: Thank you, Mr. President. It’s been a great honor for me. When I first got here, we were in the Minority. You were one of my mentors that showed me how to work with both sides of the aisle. And I’ve got a lot of legislation for the first four years we were the Minority. And I thank you for that. As our other colleagues have stated, you help out everyone. You’ve got a great heart. The years that you’ve served here in the General 161  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Assembly, being in the House and the Senate, you’ve done your district proud, sir. You are truly a great man - good heart. Senator, the only thing I can tell you, my friend, I wish you the best. Thank you for being here. Thank you for being the person that you are. I love you and God bless you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. My -- my old colleague from the House, Senator Cronin.

PRESIDING OFFICER: (SENATOR DeLEO) 162  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Thank you very much. Another old colleague from the House, Senator Trotter.

Mr. President, you’re right. It’s been -- I think for me it’s been twenty-three years that I’ve been down here. And -- and that advice that you’ve given to freshmen, you’ve -- you’ve always been consistent. And we can’t ask for anything else from any colleague down here, other than really being consistent. We know where you’re coming from. One, your -- your humor, as mentioned by others, is unmatchable. I mean, I don’t care if you’re talking about, as Rickey said, leaving people in the trunk, or -- or -- or -- or talking about Jehovah Witnesses and how, in your neighborhood, you don’t like any witnesses. You know, you -- you just -- you know… And then the thing about it, we know it’s true. It… You’re just a real -- a real special guy. I mean, for those who -- and -- and many of you touched on it, but it’s not just his friendship that he has for you or the warmness he has for you here in this Chamber. See him in the streets, he’s the same guy. He -- he could walk past you. He’s that kind of guy. He’s that big in the City. He’s a big man in Chicago. He’s a big man in this world. But he always has time for anyone that walks up to him. And I’ve seen him out and you really don’t get to know someone until you really see him in their environment. You’ve taught me how to be a leader. And I -- and I hope I’ve lived up to your standard. You’ve been just a wonderful friend to me, my family, and people you don’t even know that I said, “Call Jimmy.” You’ve just been just -- again, you’ve made me look good, as you’ve made this -- this process look good. You’re going to be successful in whatever you do. I 163  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 can’t wait to see you down on -- what island is that you bought? Yeah, a -- a little small island. I’ll -- I’ll see you on the island. And we’re not talking about Stony Island. So -- so, thank you, my friend.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Maloney, are you seeking recognition?

Thank you, Mr. President. The reason I’m really standing up is because when I said -- earlier today said goodbye to you, you said one of the best things that -- times we had was last year when we went to the -- the All-Star Game. And -- and I don’t know why it was such a good time for you, but it was an opportunity for me to see Jimmy DeLeo really operate. He’s -- he’s an operator. We went to the game. We pulled up to the hotel. There was no parking at the hotel. They -- they -- the gentleman said, “I’m sorry, sir, you have to be a guest at the hotel to park here.” And Jim tried to con him a little, says “Well, I’m President” -- “President Cullerton.” And he says, “Well, in that case -- in that case, you have to go -- if you’re a guest at the hotel, you have to go in and get a verification and bring it out.” Jimmy gave him a bill. I don’t know how big it was. He says, “I don’t have time for this. I’ll see you after the game.” And we walked away and the car was parked and everything was there. We get across the street at the stadium - this is no kidding - the President of the United States was there, if you remember - there were thousands of people lined up. The security was unbelievable. We’re at the end of the line. Jim says, “Eddie, wait here.” He goes up to the front of the line. Two minutes later, two State troopers walk us to our 164  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 seats. So, it was -- it was an amazing process. But, Jim -- it’s just his -- it’s just his…

PRESIDING OFFICER: (SENATOR DeLEO) Your question is?

…his -- his persuasive ability. But -- but, like Senator Hutchinson mentioned earlier, it’s early in my career that I’ll remember you the most for. You were the guy that -- I knew you were in Leadership. I was a little -- little intimidated by the other Leaders, but you made me feel comfortable. I could come to you, talk to you about anything. And I could talk to you in a comfortable manner. And you made me feel comfortable here. I won’t forget you for that. Thanks for all your help, Jim.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Thank you. Thank you for those kind remarks. One of my favorite towns in Illinois. Senator Demuzio, from Gillespie/Carlinville, one of my two favorite towns. Senator Demuzio.

Thank you. Mr. President, I just want to say that today as you depart this wonderful Chamber and as you depart the Illinois State Legislature, your institutional knowledge and what you have brought here to us will sorely be missed. And you’re a dear friend - and all of the wonderful things that you have done - and you have touched my family. You were there on a very -- you were there on a day that was devastating in my life and in my family’s life. And you were there that morning. And I’ll never forget your warm and caring thoughts and your hugs that day, along with Reverend Senator Meeks, when you came to the 165  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 house. You have been there for my family. You have been here for me in the -- in the Senate. And on my first day here, May 11th, you were there to give me some words of advice and I’ve never forgotten it. And I solely want to say, personally, on behalf of myself and my family and all of the residents in Carlinville that know when you come in and when you make the rounds in Carlinville and come to the house, we’re going to sorely miss you and we love you dearly. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator Schoenberg. I’m surprised you’re here.

Thank you, Mr. President. You are, as always, unyielding in your praise. Mr. President, Jimmy, I -- had the pleasure and the privilege of serving with you in the House. I will never understand, however, how you were able, in the House Democratic Caucus, to sit a row behind Speaker Madigan and use his mannerisms with his hands while he was talking, and every Democrat in the room was giggling like a bunch of third graders. And Speaker Madigan, no doubt, knew what was going on. I don’t know anybody else in this building who could have gotten away with that. But I think it really was a tribute. Senator Trotter said that’s maybe why you’re in the Senate a little sooner. But I think that’s -- I think that’s a tribute to how you bring a smile to everyone’s face, how you are selfless in your compassion, how you -- and we’ve had the opportunity not just to serve together in the House, not just to serve together in the Senate, but we’ve also had the chance to be flying buddies as well. We took the State plane together, both in the 166  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 House and in the Senate. We’re -- and -- and for some inexplicable reason that I still have not been able to figure out, when I first came to the Senate, Jim DeLeo conditioned me to call him from the corner of Willow and Pfingsten, when I was in the car, to tell him how far away I was from the airport. Senator DeLeo is very punctual, as you all know. He likes things in a very particular order. He wants the plane to leave on time. He has no tolerance for disorder or being tardy. I don’t know how Jim DeLeo conditioned me, a grown adult, to call him every week to tell him when I was making that left turn to go to Palwaukee Airport. I don’t know what possessed me - a sense of loyalty, a sense of fear, the fact -- and -- and then I was calling to ask, I have a couple extra minutes, should I pick up some bagels or some donuts on the way? Because sometimes Jim DeLeo would leave his home a little earlier and pick up treats for everybody on the plane. And there’d be all kinds of good- natured back-and-forth about everybody’s weekend, about everybody’s family, about everybody’s lives. You never had a sense he did not care. You never had a sense that he didn’t want to be part of it. Whether you felt pain or whether you were exchanging a good laugh, you always had a sense that the totality of Jim DeLeo’s heart was part of it. And for that, for all the professional courtesies that you’ve shown, for your friendship, and for having my back every single day, I thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. My other flying partner, Senator Link, the gentleman from Lake County.

167  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 Thank you, Mr. President. Well, I was a seatmate of Jimmy DeLeo’s, not that I knew it, because I thought he retired years ago. But, seriously, I was one of the first suburban Democrats to come into the Senate and Senator DeLeo didn’t owe me a thing. He didn’t know who I was, but he embraced me and gave me a lot of advice - some of it was even good too. And we had a lot of those dinners. Jimmy, I drive by that one restaurant that’s closed down and I remember a lot of those dinners. I can’t even think of the name of the place now, where we sat out there, on - - off of - I forget what it is - Jefferson, or way out west by Dirksen Road there. I can’t even think of the name of it. But I go and it’s all closed down now, the restaurant. But we used to sit down there and we’d break bread with -- when we were in the Minority. There’d be Howie Carroll, Art Berman, all of us, and we would sit there. And we learned a lot about one another. And I learned something about Jimmy that I don’t think a lot of people realize - about how much he cares about kids. And any time you had a problem and you needed something related to kids, Jimmy was there. He never qualmed {sic} or quibbled about, you know, what the problem was or -- or something. If you talked about it, he would see about a solution for that. And -- and that’s -- you know, those are the kind of things he never boast about or talked about. And those are the little things that I don’t think he -- he likes to talk about. But he was genuine about it and he was always helpful. And he’s been helpful to me throughout my whole career. And, you know, he’s taken a lot of bad raps, you know, flying on that plane. I -- I got to tell one funny story about the plane. Senator DeLeo is always very humorous on the plane. And when he sees someone is a little 168  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 nervous flying on the plane, he’s telling a lot of jokes. And he’s always kidding around. Well, one night we were flying back and the weather was quite dreadful. Matter of fact, it was terrible. And Senator DeLeo is laughing and joking and everything. Weather got continuously worse. And he’s laughing. And when he got serious, I got nervous. Because when Jimmy wasn’t joking, I knew it was bad outside. So we were all happy when we landed. But I got to tell you, in summation, he gets a bad rap in the paper. And matter of fact, there’s one columnist, and God knows I will never mention his name because I’m afraid what Jimmy’d do to me, but this columnist always says, Jimmy DeLeo (D-and uses something). But I want to remember him as Jimmy DeLeo (D - in parentheses - great friend), and I think everybody in this Chamber who has ever served with him, in the House or the Senate, will realize he’s always been a great friend. To whatever side of the aisle you serve on, he’s been there for you. Thank you. We love you. And we’ll miss you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator Martinez, my dear friend, State Central Committeeman.

Thank -- thank you, Mr. President. And I…

PRESIDING OFFICER: (SENATOR DeLEO) No 1996 stories.

And that’s one of the stories I have to say, ‘cause I have to share that story. I never would believe -- first of all, you know, you are going to be missed, you know. You’re such a 169  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 gentleman, you know. And I know to me, personally, you’ve been a friend, a friend of the family for many, many, many years. And I’ve got to say that we will miss you around here. We’ll meet -- we’ll miss your guidance, you know, your -- your -- your spirit of just always having humor in the worst -- on our worst days. And, I -- back in 1996, I’ve got to say that, for the first time and only time in my life, I was almost reprimanded by Speaker Madigan, thanks to Jimmy DeLeo. We are -- we’re serving on Central Committee. We’re sitting there talking. And, not really talking, I wasn’t talking - Jimmy was talking. And he just kept on and on, and at one point, Speaker Madigan turned around and looked at both of us and almost like called us out and Jimmy has the nerve to come and blame me. And it’s really my first time in this meeting with -- at Central Committee, and he just blames everything on me and Speaker Madigan looks at me and really says like you need to stop. And I -- I couldn’t believe that it was me who got in trouble because of Jimmy. So, every State Central Committee meeting I try to sit very much away from Jimmy, because I will not get in trouble ever again. But let me just share one quick story that occurred to me a couple years ago. I am sitting with my daughter - we’re having dinner ‘cause it’s her birthday - and my daughter’s father, who happens to remarry. We’re all sitting -- we’re sitting -- we’re all having dinner at this restaurant and, lo and behold, Jimmy - - Jimmy DeLeo walks in. And he -- when he walks in, he comes over to the table and I was very surprised to see him. And my ex-husband is sitting there with his wife, which I love very much, both of ‘em very dearly, as my ex-husband that he is, but -- but more important, we were just sitting there talking and my 170  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 daughter’s sitting next to me, and Jimmy stands behind my -- my -- my daughter’s father and he looks very serious. And everybody’s talking and talking and he stands and says to my daughter Jaci, he goes, “Jaci, I want you to know that in reality your mother has lied to you all this time. I am your father.” And -- and my daughter -- it’s like the whole table just like hushed. Now, think. I’m sitting this way. My ex- husband is sitting right in front of me. His wife is sitting next to him and Jimmy’s standing behind, looking straight at us, and -- and my -- the room got quiet and the whole entire restaurant got quiet. And -- and -- and I -- I can just see my -- my ex-husband looking straight at me. And I’m looking. And my daughter’s looking at me saying, “Mom, what is Jimmy saying?” And I looked at her and I said -- and then my ex-husband kind of turns and goes, “Iris, what is Jimmy talking about?” And -- and let me tell you, it was such a funny reaction because my daughter says, “Mom, tell me the truth.” And Jimmy says, “Iris, tell her the truth.” And -- but he -- but he’s holding on to my ex-husband like this and -- and I’m looking at him and -- and my daughter, and Jimmy’s saying, “All along you have never -- I have been your father. This man that I’m holding right now, he just paid for child support.” And my -- my daughter just gave me this look like, Mom, tell me he’s not lying. And I said -- and I have to look at him, and I said, “Honey, I’m sorry, he is not lying. He is your father.” But it was a -- a great moment because after that everything -- everybody started laughing and my daughter was like relieved, but my ex-husband was even more relieved, you know. So -- so, I just want to say, Jimmy, you know, you have been a true friend to the family, you know. 171  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 You’re the only one that can ever get away by calling me gang- banger. That is the only person that can actually get away with it, ‘cause he always -- and he’s done this publicly, and I’ve had to kind of like, “It’s okay. It’s only Jimmy.” So, I’m going to miss that. I really am going to miss that. And I know that whenever I see a spray can, I will always think of you. So, I love you and I wish you the very best. But I know that I’m going to keep seeing you. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you so much. I don’t know, do we recognize Senator Dillard? This is not the budget. Senator Dillard.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you for those kind remarks. Now, there’s one last person seeking recognition and then the President’s light is lit. My -- my office mate, Senator Lightford.

Thank you. Wow! I told Jimmy what a -- what a day to pick to leave here and just tell me a moment ago and I hadn’t thought thoroughly what I wanted to say. So I’m going to speak from my heart and gut. And so coming here, so young, here’s this -- I call him “Italian stallion”. So here’s this handsome Italian stallion, class act. He’s the only one in the whole wide world that calls me “black chickie”, and it’s okay. So I arrive here, you know, and Italian stallion meets black chickie and we hit it off and he’s looking to take Minority Leader Jones out of -- out of his position, out of leadership. Well, Rickey lied on me and told him that I was voting for him and I’ve been here all but twenty minutes. Had no idea what was going on. Decided I couldn’t do that, because I -- I can’t go home and explain why my first vote was to vote the Leader out of leadership. So time goes on. The Italian boys in my district, they flipped on me, on my election, 2002. They flipped on me. They carried my opponent on election day. And I beat ‘em three to one. So I come to the Senate and Jimmy is Jimmy. Jimmy’s flicking the lights on and off in caucus. Jimmy’s being the class clown. And I said, “Jimmy, what’s up with your Italian boys? What’s up, Italian stallion?” And he says, “Oh, black chickie, they thought you were weak because you had a baby.” He said, “But you put a cap in there.” You guys know how to finish that sentence. That’s one of Jimmy’s favorite lines. I put a cap in 174  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 here. So once I told Jimmy, he says, “Why don’t you call ‘em up and meet ‘em?” I said, “No way. I -- I beat ‘em. So why do I need to call them?” That was the very moment that me and Jimmy connected, because I think at that very moment he saw some value in me beyond everything else. And when I arrive to the Senate plane, I always hope Jeff is late, so that can help me out. Jimmy calls me Carol Moseley-Braun. “Carol Moseley-Braun held up the plane all the time. She’s always late. Carol Moseley- Braun, get in here.” This is what I had to deal with every time I showed up. And I was always late. So one day - to Terry Link’s story - we’re on the Senate plane. It’s bad. Everybody’s scared. Senator Garrett’s holding hands of Senator Meeks, saying let’s pray. I mean, Senator Meeks is doing this prayer. We’re circulating in the air. We have nowhere to land. Susan’s looking out the window. We see planes flying past us in the air. And we’re all like, “Oh, my God”, and Jimmy says, “The headlines tonight will read Senator James DeLeo and all the other Senators passed away.” And we’re all thinking, oh, my God, we’re going to die. And Jimmy’s the only one -- will be highlighted on tomorrow morning. And that’s how Jimmy made you feel. That he was the only one that would be highlighted. But I’ve finally grown to this point, Jimmy, where we became seatmates and suite mates, and now you’re leaving me. So, you’re like family and I love you. Bye.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, let’s get this over with. The last person seeking recognition is President Cullerton.

I think you’re doing this from the Chair so that I have to 175  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 call you “Mr. President”, when I’m Mr. President. But I think it is time for a rebuttal. No, I’m just kidding. This is a -- I got to be really careful here, because this guy is one of my best friends in the General Assembly and one of my best friends in life. I met Jimmy in 1974 and I’ve known him ever since. He is my roommate down here. And, as you can imagine, a little quirky - a little quirky roommate. It’s been pointed out that he’s very neat. Actually, he walks around the apartment with Windex. I pick up my cup and he’s got Windex. He has great taste in -- in clothes and food and wine. He has hundred-dollar bottles of red wine. And then he puts ice in it. Drives me crazy. But let me just tell you this, that we’ve -- many times, something comes out of his mouth and I say, “You got to put that in your book.” I’ve never met anybody in my life like Jimmy. I’ve never met anybody that I know personally that could easily, easily write a book. And I’ll just give you a couple of chapters. I mean, these are for real. If you think the guy’s exaggerating, he doesn’t have to exaggerate. Maybe -- if you did this chronologically, in 1959, he was in Havana, Cuba, when Castro took over. I’m not making that up. Paul McCartney bought him a pool table - another chapter. There are some ups and downs in his life. Nothing would surprise you. But I can tell you that the -- it’s just so sad that people don’t, back in Chicago, realize how incredibly talented he is down here in Springfield. The way he can solve so many people problems, because he knows people, and he knows relationships, and he knows people’s motivations, and he knows what gets people motivated to -- to do things and to help. And so -- and -- and I can also tell you, he is a great father to his two children 176  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 and his wife, Ann - a phenomenal father. And -- and I can -- I can just tell you that this is really going to be difficult for me. I’m going to miss his skills and his friendship and it just won’t be the same next year. So thank you very much.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you so much. That was so warm and -- I decided I’m going to stay. Okay, let’s go to the Orders {sic} of Resolution. Senate Resolution -- Joint Resolution 128. Madam Secretary, would you please read the resolution?

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Harmon moves to suspend the rules for the purpose of immediate consideration and adoption of Senate Joint Resolution 128. Those in favor will say Aye. Those opposed will say Nay. Senator Lauzen, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Certainly. It’s denied. We’ll be glad to give you a roll call. Okay. So, Ladies and Gentlemen, Senator Harmon has moved to suspend the rules for the purpose of immediate consideration and the adoption of Senate Joint Resolution 128. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have 177  STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 5/7/2010 all voted who wish? Madam Secretary, take the record. On that question, there are 33 Ayes, 14 Noes, 0 voting Present. And -- and the motion to suspend the rules are… Rules are suspended. Now Senator Harmon moves the adoption of Senate Joint Resolution 128. Senator Lauzen, are you also requesting a roll call on -- on -- on the -- on the adoption? Okay, Senator Lauzen -- Senator -- excuse me, Senator Harmon moves the adoption of Senate Joint Resolution 128. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 32 Ayes, 18 Nays, 0 voting Present, and the resolution is adopted. Okay, this is the best part of the job. There being no further business to be -- come before the Senate, the Senate will stand adjourned until call of the Chair by the President. The Senate stands adjourned. Have a great weekend. 178