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Illinois Senate Floor Debate — January 4, 2011

96th General Assembly (2009-2010) · Legislative day 140 · Regular Session
Chamber
Senate
General Assembly
96th (2009-2010)
Date
January 4, 2011
Legislative day
140
Session
Regular Session
Speaker turns
121
Original
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Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) The regular Session of the 96th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Barrie West from Holy City Missionary Baptist Church, in Springfield, Illinois. Welcome, Pastor.

PASTOR BARRIE WEST

(Prayer by Pastor Barrie West)

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Please remain standing for the Pledge of Allegiance. Senator Jacobs, would you please lead us?

Mike Jacobs (D)

(Pledge of Allegiance, led by Senator Jacobs)

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, Reading and Approval of the Journals.

Jillayne Rock

Senate Journal of Thursday, December 2nd; Tuesday, December 28th; and Wednesday, December 29th, 2010.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.

Mattie Hunter (D)

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

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 Communications from the Secretary of State.

Jillayne Rock

I have a Communication dated December 27th, 2010. Honorable Jillayne Rock, Secretary of the Senate. This office is forwarding herewith a copy of a Notice of Vacancy from the Legislative Committee of the Republican Party of the 38th Legislative District declaring the existence of a vacancy in the Office of Senator in the 96th General Assembly in the 38th Legislative District, as a result of the resignation of Senator Gary Dahl. Also enclosed is the copy of the Legislative Committee’s Certificate of Appointment for Sue Rezin, Morris, Illinois, who was appointed to fill the vacancy in the Office of Senator in the 96th General Assembly for the 38th Legislative District. Yours truly, Jesse White, Secretary of State. I have another Communication dated December 30th, 2010. Honorable Jillayne Rock, Secretary of the Senate. This -- this office is forwarding herewith a copy of a Notification of Vacancy from the Legislative Committee of the Republican Party of the 48th Legislative District, declaring the existence of a vacancy in the Office of Senator in the 96th and 97th General Assembly for the 48th Legislative District, as a result of the resignation of Senator Randall M. Hultgren, effective January 4th, 2011. Also enclosed is -- is the copy of the Legislative Committee’s Certificate of Appointment for Thomas Johnson, 533 Bauman, West Chicago, Illinois 60185, who was appointed to fill the vacancy in the Office of Senator for the 48th Legislative District. Yours truly, Jesse White, Secretary of State. 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, Resolutions.

Jillayne Rock

Senate Resolution 1103, offered by Senator Koehler and all Members. Senate Resolution 1104, offered by Senator Kotowski and all Members. Senate Resolution 1105, offered by Senator Kotowski and all Members. Senate Resolution 1106, offered by Senator Duffy and all Members. Senate Resolution 1107, offered by Senator Mulroe and all Members. Senate Resolution 1108, offered by Senator Dillard and all Members. Senate Resolution 1109, offered by Senator Dillard and all Members. Senate Resolution 1110, offered by Senator Demuzio and all Members. Senate Resolution 1111, offered by Senator Demuzio and all Members. Senate Resolution 1112, offered by Senator Demuzio and all Members. Senate Resolution 1113, offered by Senator Demuzio and all Members. Senate Resolution 1114, offered by Senator Demuzio and all Members. Senate Resolution 1115, offered by Senator Koehler and all Members. 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 Senate Resolution 1116, offered by Senators Brady, Sullivan and all Members. Senate Resolution 1117, offered by Senator Brady and all Members. Senate Resolution 1118, offered by Senator Brady and all Members. Senate Resolution 1119, offered by Senator Brady and all Members. Senate Resolution 1120, offered by Senator Harmon and all Members. Senate Resolution 1121, offered by Senator Murphy and all Members. Senate Resolution 1122, offered by Senator Haine and all Members. Senate Resolution 1123, offered by Senator Haine and all Members. Senate Resolution 1124, offered by Senator Haine and all Members. Senate Resolution 1125, offered by Senator Haine and all Members. Senate Resolution 1126, offered by Senator Haine and all Members. Senate Resolution 1127, offered by Senator Haine and all Members. Senate Resolution 1128, offered by Senator Haine and all Members. Senate Resolution 1129, offered by Senator Collins and all Members. Senate Resolution 1130, offered by Senator Clayborne and 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 all Members. They are all death resolutions, Mr. President.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Resolutions Consent Calendar. Ladies and Gentlemen of the Senate, we are standing at ease for a few moments as we attend to our paperwork. We are standing at ease just for a few moments. Senator Radogno, for what purpose do you rise?

Christine Radogno (R)

Thank you, Mr. President. For a point of personal privilege.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, could you please give the Republican Leader your attention for a point of personal privilege?

Christine Radogno (R)

Ladies and Gentlemen, I’d like to introduce two new Members that we have on this side. Senator Sue Rezin, who is right here. Sue, raise your hand. She’s replacing Gary Dahl. So be sure to welcome her. And then we have Senator Tom Johnson, who previously served in the House, who is replacing Randy Hultgren. So we’re very happy to have both of them with us. Thank you.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Rezin and Senator Johnson, welcome to the Senate. Ladies and Gentlemen of the Senate, we’ll stand at ease for a few moments to allow the Committee on Assignments to meet. Will the members of the Committee on Assignments please come to the President’s Anteroom immediately? Senator Schoenberg in the Chair.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 The Senate will now stand at ease. Members of the Committee on Assignments please come to the President’s Anteroom immediately. (SENATE STANDS AT EASE/SENATE RECONVENES)

Don Harmon (D)

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

Jillayne Rock

Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Criminal Law Committee - Committee Amendment 1 to House Bill 6460, Floor Amendment 2 to House Bill 4122; refer to the Executive Committee - Committee Amendment 1 to House Bill 670, Committee Amendment 2 to House Bill 4599; refer to the Revenue Committee - Committee Amendment 1 and Committee Amendment 2 to House Bill 476 and Committee Amendment 1 to House Bill 5289; Be Approved for Consideration - Senate Bill 362, Senate Bill 389, Senate Bill 3514, Senate Bill 3708, House Bill 5420 and House Bill 5424. Signed by Senator James F. Clayborne, Chairman. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Criminal Law Committee - Motion to Concur with House Amendment 1, House Amendment 2 and House Amendment 3 to Senate Bill 389; refer to the Executive Committee - Motion to Concur with House Amendment 1, House Amendment 3, House Amendment 4 and House Amendment 5 to Senate Bill 3514, 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 Motion to Concur with House Amendment 1 to Senate Bill 3708, and Floor Amendment 3 to House Bill 3659; refer to the Local Government Committee - Motion to Concur with House Amendment 1 to Senate Bill 362. Signed by Senator James F. Clayborne, Chairman.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) WLS-TV Chicago seeks leave to videotape the proceedings. Is there any objection? Seeing no objection, leave is granted. Ladies and Gentlemen of the Senate, for purpose of announcements. We are going to begin committee hearings promptly at 2 p.m. today. At 2 p.m., in Room 212, the Committee on Public Health will meet. At 2:20 p.m. today, the Committee on Transportation will meet in Room 400 and the Education Committee will meet in Room 409. At 2:40 p.m. today, the Criminal Law Committee will meet in Room 212 and the Committee on Local Government will meet in Room 409. At 3 p.m. today, the Committee of Pensions and Investments will meet in Room 409. At 3:15 p.m. today, the Executive Committee will meet in Room 212 and the Revenue Committee will meet in Room 400. And at 3:45 p.m. today, the Committee on State Government and Veterans Affairs will meet in 409. I apologize, the Labor Committee, which was originally scheduled to meet at 3 p.m., has been canceled for today. The meeting of the Committee on Labor has been canceled today. The Senate will stand in recess to the call -- Senator Syverson, are you seeking recognition?

Dave Syverson (R)

Yes, Mr. President. Senate Republicans would ask for a caucus in the Leader’s Office for a -- ninety minutes, upon your recess or adjourning. 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Would seventy minutes suffice, Senator Syverson? We’re scheduled to begin committees at 2 p.m.

Dave Syverson (R)

We would, I guess, prefer the ninety minutes. There are a number of issues that are needing to be discussed. So if you…

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson, we’d really like to stay on schedule today at -- begin committees at 2 p.m. There will be additional opportunities to caucus - tomorrow as well. Would the Senate Republicans consider indulging the full Senate in keeping us on schedule today and limiting your -- your caucus to seventy minutes? Senator Syverson.

Dave Syverson (R)

Yes, Mr. President, we will try that. We’re excited though that we’re actually going to be doing things on time, so that’s great. So we will try to stick to that seventy minutes.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) We will try to do so as well. We appreciate your indulgence. The Senate Republicans will caucus immediately in the Senate Leader -- the Republican Leader’s Office. Committees will begin promptly at 2 p.m. The Senate will stand in recess to the call of the Chair. After committee meetings, the Senate will reconvene to receive committee reports and for further Floor action. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 The Senate will come to order. Will all Members please come to the Floor immediately? All Members please come to the Senate Floor immediately. Madam Secretary, Messages.

Jillayne Rock

A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2530. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 and House Amendment 2. We have received like Messages on Senate Bill 2814, with House Amendment 1, and Senate Bill 2969, with House Amendment 1. They all passed the House, as amended, January 4th, 2011. Mark Mahoney, Clerk of the House. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 1445. Passed the House, January 4th, 2011. Mark Mahoney, Clerk of the House.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Madam Secretary, Committee Reports.

Jillayne Rock

Senator Delgado, Chairperson of the Committee on Public 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 Health, reports House Bill 1444, 1716 and 1721 Do Pass. Senator Meeks, Chairperson of the Committee on Education, reports House Joint Resolution 127 Be Adopted. Senator Bond, Vice-Chairperson of the Committee on Transportation, reports House Bills 1644, 1935 and 6908 Do Pass. Senator Koehler, Chairperson of the Committee on Local Government, reports House Bill 1606 Do Pass; Motion to Concur with House Amendment 1 to Senate Bill 362 recommend Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports House Bill 6881 Do Pass; House Bill 6460 Do Pass, as Amended; Senate Amendment 2 to House Bill 4122 and Motion to Concur with House Amendments 1, 2 and 3 to Senate Bill 389, all recommended Do Adopt. Senator Raoul, Chairperson of the Committee on Pensions and Investments, reports House Bill 1565 Do Pass. Senator Clayborne, Chairperson of the Committee on Executive, reports House Bills 1410, 1525, 2022 and 5417 Do Pass; House Bill -- excuse me, House Bills 670 and 4599 Do Pass, as Amended; Senate Amendment 3 to House Bill 3659 recommend Do Adopt; and Motion to Concur with House Amendments 1, 3, 4 and 5 to Senate Bill 3514 and House -- and Motion to Concur with House Amendment 1 to Senate Bill 3708 recommended Do Adopt. Senator Meeks, Vice-person {sic} of the -- of the Committee on Revenue, reports House Bill 1631 Do Pass; and House Bill -- 476 and 5289 Do Pass, as Amended. Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports House Bill 1422, 1453 and 1512 Do Pass.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 Will all Members within the sound of my voice please come to the Senate Floor? We will be proceeding momentarily to Supplemental Calendar No. 1. All Members within the sound of my voice please proceed to the Senate Floor immediately. Supplemental Calendar No. 1 has been printed and has been distributed. Will all Members within the sound of my voice please come to the Senate Floor? George Brewster, with WIFR-TV in Rockford, seeks leave of the Body to film video. Seeing no objection, leave is granted. We’ll now proceed to Supplemental Calendar No. 1. House Bills 2nd Reading. House Bill 476. Majority Leader Clayborne. Majority Leader Clayborne. Out of the record. House Bill 670. President Cullerton. Out of the record. With leave of the Body, we’ll return to House Bill 476. Majority Leader Clayborne wishes to proceed. Madam Secretary, are there any Floor amendments approved for consideration? House Bill 476. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 476. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendments 1 and 2.

Jeffrey M. Schoenberg (D)

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

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 1410. Senator Harmon. Madam Secretary, gentleman wishes to proceed. Please read the bill. 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011

Jillayne Rock

House Bill 1410. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 1422. Senator Jacobs. Senator Jacobs. House Bill 1422. Out of the record. House Bill 1444. Senator Hunter. Senator Mattie Hunter. Out of the record. House Bill 1453. Senator Sandoval. Senator Sandoval. Out of the record. House Bill 1512. Senator Demuzio. Senator Demuzio. Out of the record. House Bill 1525. Senator Link. Senator Link. Out of the record. House Bill 1565. Senator Bomke. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1565. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 1606. Senator Hutchinson. Senator Hutchinson, 1606. Out of the record. House Bill 1631. Senator Wilhelmi. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1631. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 3rd Reading. House Bill 1644. Senator Hutchinson. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1644. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. We’re now on the top of page 2 of your Supplemental Calendar. House Bills 2nd Reading. House Bill 1716. Senator Steans. Senator Steans. Out of the record. House Bill 1721. Senator Haine. Senator Haine. Out of the record. House Bill 1935. Senator Frerichs. House Bill 1935. Senator Frerichs wishes to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1935. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 2022. Senator Crotty. Senator Crotty wishes to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 2022. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 4599. Senate -- President Cullerton. Out of the record. House Bill 5289. Senator Wilhelmi. Senator Wilhelmi. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 5289. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) …been any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 5417. Senator Raoul. Senator Raoul. Out of the record. House Bill 6460. Senator Martinez. 6460. Out of the record. House Bill 6881. Senator Raoul. Senator Raoul, 6881. Out of the record. House Bill 6908. President Cullerton. Out of the record. With leave of the Body, we’ll return to House Bills 2nd Reading. House Bill 1422. Senator Jacobs. Do you wish to proceed? Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1422. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 3rd Reading. House Bill 1444. Senator Hunter. Senator Mattie Hunter, 1444. Senator Hunter wishes to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1444. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 1512. Senator Demuzio. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1512. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 1606. Senator Hutchinson. Senator Hutchinson wishes to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1606. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 6460. Senator Martinez. Senator Martinez wishes to proceed. Madam Secretary, please read the bill. 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011

Jillayne Rock

House Bill 6460. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.

Jeffrey M. Schoenberg (D)

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

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

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

Michael Noland (D)

Thank you, Mr. President. A point of personal privilege, if I may.

Jeffrey M. Schoenberg (D)

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

Michael Noland (D)

Thank you. This evening and this afternoon, Mr. President, I have been spoiled by having two Pages with me, serving in today’s -- today’s Session day, both in committee and here on the Floor. Right here to my immediate right, I have Frank Vaughn, twelve years old. He’s a seventh grader at Old Quarry Middle School in Lemont. He enjoys language arts and history and would like to run for Senate one day. And just word to Leader Radogno, he lives in your district. All right. Then also, too, I have Robert Vaughn. These are both sons of Margaret Vaughn, our -- our -- one of our favorite consultants down here in Springfield. Robert is eleven years old. He’s a 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 fifth grader. He attends Al’s and St. Pat’s Elementary School in Lemont. His favorite pastime is pitching for his baseball team. Like to welcome them both to the -- to the Senate. Thank you very much.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Give Senator Noland’s guests a warm Senate greeting. Welcome to the Illinois Senate. Senator Sullivan, for what purpose do you seek recognition?

John M. Sullivan (D)

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

Jeffrey M. Schoenberg (D)

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

John M. Sullivan (D)

Ladies and Gentlemen, colleagues, we have a colleague of ours whose birthday is today. He represents southern Illinois, as in way, way, way down in southern Illinois. It is our good friend, Senator Gary Forby. I understand he’s - what? - thirty- nine and holding, Gary? Or something like that. But let’s wish Gary Forby a happy birthday.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Happy birthday, Senator Forby. With leave of the Body, we’ll now return to the Order of House Bills 2nd Reading. House Bill 1716. Senator Steans. Senator Steans wishes to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1716. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. With leave of the Body, we’ll proceed to House Bills 2nd Reading. House Bill 1525. Senator Link. Senator Link wishes to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1525. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. With leave of the Body, we’ll turn to page 2 of the -- Supplemental Calendar. House Bills 2nd Reading. House Bill 1721. Senator Haine. Senator Haine. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1721. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 5417. Senator Raoul. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 5417. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 3rd Reading. House Bill 6881. Senator Raoul. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 6881. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. We will now proceed to the Order of Secretary’s Desk, Concurrences, Senate Bills, on bottom of page 2 of your Supplemental Calendar. Senate Bill 362. Senator Koehler. Senator Koehler, do you wish to proceed? Madam Secretary, please read the motion.

Jillayne Rock

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 362. Filed by Senator Koehler.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Koehler.

David Koehler (D)

Yes, thank you, Mr. President. This bill was amended in the House. We passed it here out of the Senate. What this does, it allows the Peoria Board of Election Commissioners to continue tabulating fractional cumulative votes at the central office rather than at the precinct area. What the House did was amend it to make the sunset at the end of this year, December 31st, 2011. Again, I’d appreciate your support on this.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 Burzynski.

J. Bradley Burzynski (R)

Thank you, Mr. President. To the bill: I just rise in support of the sponsor’s motion.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Koehler, do you wish to close? The question is, shall the Senate concur in House Amendment 1 to Senate Bill 362. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 362, and the bill is declared passed. Senate Bill 389. Senator Kotowski. Senator Kotowski, do you wish to proceed? He indicates that he does. Madam Secretary, please read the motion.

Jillayne Rock

I move to concur with the House in the adoption of their Amendments 1, 2 and 3 to Senate Bill 389. Filed by Senator Kotowski.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Kotowski.

Dan Kotowski (D)

Thank you, Mr. President and Ladies and Gentlemen of the Chamber. I move to concur on House Amendments No. 1, 2 and 3 to Senate Bill 389, which requires Department of Human Services to establish a re-entry services program to help wrongfully 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 imprisoned persons receive mental health services. SB389 limits this program to persons who have either received a pardon from the Governor on the grounds of innocence or who have received a certificate of innocence issued by the Circuit Court.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Kotowski, do you wish to close? The question is, shall the Senate concur in House Amendments 1, 2 and 3 to Senate Bill 389. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 51 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1, 2 and 3 to Senate Bill 389, and the bill is declared passed. Now to -- turn to page 3 of your Supplemental Calendar, Secretary’s Desk, Concurrence, Senate Bills. Senate Bill 3708. Senator Kotowski. Senator Kotowski wishes to proceed. Madam Secretary, please read the motion.

Jillayne Rock

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 3708. Filed by Senator Kotowski.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Kotowski.

Dan Kotowski (D)

Thank you, Mr. President. I’m kind of being distracted by Senator Hutchinson here, if you could please do something about that. I move to concur on House Amendment No. 1 to Senate Bill 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 3708. This amendment cleans up provisions in the Emergency Budget Act, which passed in May of this year. It makes changes to provide greater transparency in the budget-making process. The amendment requires the Governor to publicly provide a quarterly budget statement forty-five days after end of each quarter, requires these statements to be posted online, and requires all funds, including other State funds, to be included in the report.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Kotowski, do you wish to close? The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3708. All those in favor, vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 48 voting Aye, 2 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 3708, and the bill is declared passed. The Senate will now stand at ease for a few moments. (At ease) We’ll now proceed to the Order of House Bills 2nd Reading on page 3 of your printed Calendar. Page 3 of your regular printed Senate Calendar, House Bills 2nd Reading. House Bill 4122. Senator Martinez, do you wish to proceed? Senator Martinez wishes to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 4122. (Secretary reads title of bill) 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 2nd Reading of the bill. No committee amendments.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Martinez.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Martinez, on Floor Amendment No. 2.

Iris Y. Martinez (D)

Thank you, Mr. President and Members of the Senate. Floor Amendment No. 2 deletes everything and becomes the bill. As amended, 4122 amends the Sex Offender Registry {sic} (Registration) Act to remove all implementation dates from the registration requirements of the Act, making the registration requirements apply to anyone convicted of any of the qualifying sex offenses regardless of when they were -- committed their crime. Anyone not already registered as a sex offender will be required to register within three days from the date of notification of the duty to register. It also clarifies the events that trigger the -- the duty to register retroactively - a -- a subsequent felony conviction of -- of any type or a subsequent misdemeanor conviction for an offense contained in the Criminal Code. It also applies only to adult offenders and does not impact the current registration system for juvenile offenders. It also does not revive the registration period of any person who has previously been registered as a sex offender and who has successfully completed their period of registration. It also has no impact on sexual predators that are required to register for life. And I’ll be happy to answer any questions.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

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

Chris Lauzen (R)

Thank you very much, Mr. President. On Senate Bill, as amended in the House, 3708, it was my intention to vote Yes.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) The record will so reflect. Senator Bivins, for what purpose do you seek recognition, sir?

Tim Bivins (R)

Thank -- thank you, Mr. President. It was also my intention, on Senate Bill 3708, to vote Yes.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) The record will so reflect. We’ll now stand at ease for a few minutes. (SENATE STANDS AT EASE/SENATE RECONVENES)

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) We’ll now proceed to the Order of House Bills 2nd Reading. House Bill -- on -- we’re on Supplemental Calendar No 1, House Bills 2nd Reading. House Bill 670. President Cullerton wishes 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011 to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 670. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

Jeffrey M. Schoenberg (D)

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

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. On page 2 of your Supplemental Calendar, House Bills 2nd Reading. House Bill 4599. President Cullerton. President Cullerton wishes to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 4599. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1 and the Committee on Executive adopted Amendment -- excuse me, one second.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Madam Secretary, have there been any Floor amendments approved for consideration? Madam Secretary, what committee amendments have been adopted?

Jillayne Rock

Committee Amendment 1 was adopted in the Revenue Committee and Executive Committee adopted Committee Amendment 2. 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 140th Legislative Day 1/4/2011

Jeffrey M. Schoenberg (D)

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

Jillayne Rock

No further amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. House Bill 6908. President Cullerton wishes to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 6908. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 8:30 a.m. - 8:30 a.m. Central Standard Time - January 5th, 2011. The Senate now stands adjourned. 26