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 the Reverend Jim Poole from Woodside United Methodist Church in Springfield, Illinois.
(Prayer by the Reverend Jim Poole)
PRESIDING OFFICER: (SENATOR HARMON) Please remain standing for the Pledge of Allegiance. Senator Maloney, would you lead us in the Pledge this morning?
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Tuesday, January 4th, 2011.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journals just read by the Secretary, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter moves to postpone the reading and approval of the Journals, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions.
1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senate Resolution 1131, offered by Senator Demuzio and all Members. Senate Resolution 1132, offered by Senator Demuzio and all Members. Senate Resolution 1133, offered by Senator Demuzio and all Members. Senate Resolution 1134, offered by Senator Demuzio and all Members. Senate Resolution 1135, offered by Senator Demuzio and all Members. Senate Resolution 1136, offered by Senator Demuzio and all Members. Senate Resolution 1137, offered by Senator Demuzio and all Members. Senate Resolution 1138, offered by Senator Demuzio and all Members. Senate Resolution 1139, offered by Senator Hutchinson and all Members. Senate Resolution 1140, offered by Senator Demuzio and all Members. They are death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Resolutions Consent Calendar. Madam Secretary, House Bills 1st Reading.
House Bill 1445, offered by Senator Wilhelmi. (Secretary reads title of bill) 1st Reading of this House bill.
PRESIDING OFFICER: (SENATOR HARMON) 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Madam Secretary, Messages.
I have a Message from the Governor dated June 28th, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individuals to the offices enumerated below and respectfully ask concurrence in and confirmation of these appointments by your Honorable Body. Signed, Pat Quinn, Governor. I have a Message from the Governor dated August 2nd, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The -- the Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Signed, Pat Quinn, Governor. I have a Message dated December 15th, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Signed, Pat Quinn, Governor. I have a Message from the Governor dated December 22nd, 2010. Message for the Governor by Lindsay Anderson, Legislative Director for Governor Pat Quinn. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 96th General Assembly - I have nominated and appointed the following named individual to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Signed, Pat Quinn, Governor.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, we are going to turn to page 2 of your regular printed Calendar in just a moment to begin taking up House bills on 3rd Reading. This is final action. I’d ask that all the Members be at their desks. We are going to turn to final action on House Bills 3rd Reading. Will the Members please be at their desks? Ladies and Gentlemen of the Senate, on page 2 of your printed Calendar is the Order of House Bills 3rd Reading. House Bill 26. House Bill 150. President Cullerton. House Bill 476. Senator Clayborne. Madam Secretary, please read the bill. 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
House Bill 476. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.
Thank you, Mr. President and Members of the Senate. House Bill -- 476 is -- has two amendments. It’s a cleanup of language and the other one is it places a mobile home or manufactured home located outside a mobile home park with parity as it relates to the sale of a site-built home. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Burzynski, for what purpose do you rise?
Thank you. An inquiry of the sponsor, please.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.
Thank you. Senator, I -- I know -- you know, we’ve had some of these discussions over the years and if you could refresh me. Right now -- I’m guessing you’re talking about the -- the appraised value of those homes or the assessed values of those homes. You said, put them on par with other homes. Can you explain it just a little bit? And maybe, by the time you explain it, we’ll actually have some people on the Floor to vote. 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne, for a lengthy rebuttal.
Thank -- thank you. Basically, Senator, what -- what has happened is, we’ve already passed the law and the Governor signed -- passed the bill, the Governor signed into law that we will assess a manufactured home the same as we would assess a home outside a mobile home park based upon -- as real property not as -- as personal property. What this does, since we are treating a manufactured home the same as we would in terms of property assessment, we will -- on the sale of a home, we only charge for sale of the materials that go -- that go into build the home. In this case, we’re doing the same thing, that for a modular or -- or a manufactured home, we would only charge the one -- the first purchaser sale on the materials, not sale on the labor. So, that’s all we’re doing here is treating it the same as a site-built home.
PRESIDING OFFICER: (SENATOR HARMON) Senator Burzynski.
Just one follow-up. Thank you for the information. I -- I guess my question would be then, we’re not doing anything that affects the assessed valuation or how that manufactured home -- in this bill; that’s already been done. This deals with the actual product that goes into building that home and that it’s - - it’s being, what, taxed once, the same way a stick-built home would be?
PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne. 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
That’s correct. We’re only taxing the initial purchaser on the materials and not the labor that goes into build the home.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Ladies and Gentlemen of the Senate, this is final action. I would ask all Members within the sound of my voice to be at their desks. This is final action. Senator Clayborne, do you wish to close? The question is, shall House Bill 476 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, none voting Nay, none voting Present. And House Bill 476, having received the required constitutional majority, is declared passed. House Bill 609. Senator Trotter. With leave of the Body, we will return to House Bill 609. Out of the record. House Bill 670. Senator Cullerton. With leave of the Body, we will pass over and return to House Bill 1410. House Bill 1422. Senator Jacobs. House Bill 1444. Senator Hunter. Madam Secretary, please read the bill.
House Bill 1444. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Thank you, Mr. President. Subject to appropriation, this bill is a recommendation of the Department of Public Health and 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 it basically establishes a nine-member Chronic Disease Nutrition and Outcomes Advisory Committee {sic} (Commission) to advise the Department of Public Health on the best approach to incorporate nutrition as a chronic disease management strategy into the State health policy to prevent Medicaid hospitalizations. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Senator Duffy, for what purpose do you seek recognition?
Question for the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she’ll yield. Senator Duffy.
Are these paid positions that will also receive pensions?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
No, they’re not, Senator. They’re voluntary positions appointed by the -- the Governor and Leaders.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Senator Hunter, do you wish to close? Senator, do you wish to close?
I -- I ask for an Aye vote. Thank you, sir.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall House Bill 1444 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 voting Aye, none voting Nay, none voting Present. And House Bill 1444, having received the required constitutional majority, is declared passed. House Bill 1512. Senator Demuzio. Madam Secretary, please read the bill.
House Bill 1512. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Demuzio.
Thank you, Mr. President and Members of the Body. House Bill 1512 replenishes two funds. One was -- one fund is the Hansen-Therkelsen Memorial Deaf Student Fund -- College Fund and the DHS Private Resources Fund that were swept previously. What we’re asking for is that since this was a -- a private donation back to a -- to the Memorial Deaf Student Fund and also to the DH {sic} Fund, we’re asking for the restoration of those dollars to be put back in.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 1512 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Aye, none voting Nay, none voting Present. And House Bill 1512, having received the required constitutional majority, is declared passed. House Bill 1525. Senator Link. Madam Secretary, please read the bill. 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
House Bill 1525. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
Thank you, Mr. President. House Bill 1525 allows companies that are primarily engaged in water purification and treatment to use the EDGE Credit offset for Illinois income tax withholding liabilities. The company must create at least a hundred and fifty new jobs, retain at least a thousand jobs in Illinois that would otherwise be at risk to relocation out of state, and make capital investments of at least fifty-seven million dollars. I know of no opposition.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 1525 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, none voting Nay, none voting Present. And House Bill 1525, having received the required constitutional majority, is declared passed. House Bill 1565. Senator Bomke. Madam Secretary, please read the bill.
House Bill 1565. (Secretary reads title of bill) 3rd Reading of the bill. 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
PRESIDING OFFICER: (SENATOR HARMON) Senator Bomke.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate {sic} Bill 1565 is the furlough day credit cleanup. There was an error as the original bill passed in terms -- in how the furlough interest would be calculated. This would require interest to be calculated at the actuarial assumed rate from the date of the furlough to the date of payment.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 1565 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, none voting Nay, none voting Present. And House Bill 1565, having received the required constitutional majority, is declared passed. House Bill 1606. Senator Hutchinson. House Bill 1631. Senator Wilhelmi. Madam Secretary, please read the bill.
House Bill 1631. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi.
Thank you, Mr. President. Good morning to you and Members of the Chamber. House Bill 1631 extends the life of a 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Romeoville TIF from twenty-three years to thirty-five years. All the taxing bodies in this TIF district have either signed a letter of -- of agreement or have passed an ordinance supporting the extension. This is to allow the Village of Romeoville to make some much-needed improvements towards the eastern side of the town along Route 53. There was no opposition in committee. I know of no opposition to the bill and I ask for your support.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 1631 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Aye, 2 voting No, none voting Present. And House Bill 1631, having received the required constitutional majority, is declared passed. House Bill 1644. Senator Hutchinson. House Bill 1716. Senator Steans. House Bill 1721. Senator Haine. House Bill 1935. Senator Frerichs. Madam Secretary, please read the bill.
House Bill 1935. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.
Thank you very much, Mr. President. House Bill 1935 restores language allowing personal property in a vehicle to be subject to a lien, with specific exemptions, when removed by a 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 towing service or commercial vehicle relocator. Last year we passed a bill that basically went a little too far and we’re correcting that with this.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 1935 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, none voting Nay, none voting Present. And House Bill 1935, having received the required constitutional majority, is declared passed. House Bill 2022. Senator Crotty. Madam Secretary, please read the bill.
House Bill 2022. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty.
Thank you very much. House Bill 2022 is very similar to a bill that we passed out of here that I carried, Senate Bill 28. The biggest difference between the two bills is that the quick- take authority will be one year instead of five years for Country Club Hills and the land -- I also want to make sure that the land is all within the parking lot. When I passed this before, it was for roadways. It still is. There’s only one parcel that is still being held out in order to let the community do some roadwork between retail stores and a -- and a 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Loews Theater. It’s for public safety. We only have one entrance to this property off of a main street. We have two other main streets. There is no other opening. And also there is no roads that join the Loews Theater to a place where emergency vehicles can get in. There has been occasions where we’ve had an ambulance go to the Loews Theater and they couldn’t get close enough and they had to carry the person out of the Loews Theater across what would be called a prairie. So, at this time, I’m asking that it only be a one-year and we continue to work on one of the owners just to get a small parcel - only for a road.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 2022 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 voting Aye, 6 voting No, none voting Present. And House Bill 2022, having received the required constitutional majority, is declared passed. House Bill 2314. Senator Trotter. House Bill 2386. Senator Cullerton. House Bill 2598. Senator Cullerton. House Bill 3659. Senator Cullerton. House Bill 3833. Senator Crotty. House Bill 4122. Senator Martinez. Mr. Secretary, please read the bill.
House Bill 4122. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator Martinez.
Thank you, Mr. President, Members of the Senate. As amended, House Bill 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 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 duty to -- to register retroactively - a subsequent felony conviction of any type or a subsequent misdemeanor conviction for an offense contained in the Criminal Code. It also applies -- it applies only to adult offenders and does not impact the current registration system for juvenile offenders. It does not revive the registration period of any person who has previously been registered to -- as a sex offender and who has -- who has successfully completed their period of registration. It has no impact on sexual predators that are required to register for life. This is a -- a bill that I brought back last year. The - - it was -- it was AV’d by the Governor on certain things and also the State Police wanted me to add and change a few things. And this is the product of -- a finished product. So, I -- I will be happy to answer any question. If not, I -- please vote Yes.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Senator Johnson, for what purpose do you seek recognition? 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she’ll yield. Senator Johnson.
Good morning. I have one question for you. Right now, this is going back in time, is it not? As of now, everybody has to register ten years before -- crimes committed ten years before 1995. So I think right now the registration goes back to 1986. What this does is, if you’ve committed a crime prior to 1986, you’re now going to have to register. Correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez.
That is correct.
PRESIDING OFFICER: (SENATOR HARMON) Senator Johnson.
…further. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Any further discussion? Seeing none, the question is, shall House Bill 4122 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, 1 voting No, none voting Present. And House Bill 4122, having received the required constitutional majority, is declared passed. House Bill 4599. Senator Cullerton. House Bill 4973. Senator Wilhelmi. Senator Wilhelmi, do you wish to 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 proceed? House Bill 5018. Senator Haine. House Bill 5289. Senator Wilhelmi. House Bill 5417. Senator Raoul. Mr. Secretary, please read the bill.
House Bill 5417. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House -- House Bill 5417 deletes a provision of the Downstate Police Article that requires beneficiaries to be paid pro rata from the available funds and -- if there is an unsufficient balance in the fund. This brings the downstate police funds in line with the other funds in the State.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5417 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 1 voting No, none voting Present. And House Bill 5417, having received the required constitutional majority, is declared passed. On the top of page 5 of your printed Calendar, still on the Order of House Bills 3rd Reading, is House Bill 5420. Senator Cullerton. House Bill 5424. Senator Cullerton. House Bill 5727. Senator Cullerton. House Bill 5960. Senator Cullerton. House Bill 6460. Senator Martinez. House Bill 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 6881. Senator Raoul. Mr. Secretary, please read the bill.
House Bill 6881. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.
Thank -- thank you, Mr. President. House Bill 6881 allows inmates on parole or mandatory supervised release to earn ninety days of good conduct credit by earning a high school diploma during their period of parole or mandatory supervised release. Under current law, the ability to earn a ninety days -- ninety days of good conduct credit is limited to inmates who earn a GED, but not a high school diploma.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 6881 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. And House Bill 6881, having received the required constitutional majority, is declared passed. House Bill 6908. Senator Cullerton. Ladies and Gentlemen of the Senate, we have completed the Order of House Bills 3rd Reading. We’re going to stand at ease just for a moment to allow all our paperwork to catch up with us. We’re going to stand at ease for just a few moments. 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, we have caught up with our own paperwork. The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Will the members of the Committee on Assignments please report to the President’s Anteroom immediately? Will the members of the Committee on Assignments please report to the President’s Anteroom? (At ease) Illinois Statehouse News seeks leave to videotape the proceedings. Is there any objection? Seeing no objection, leave is granted. (At ease) Ladies and Gentlemen of the Senate, WAND-TV seeks leave to videotape the proceeding. Is there any objection? Seeing no objection, leave is granted. Again, for purposes of an announcement, the Committee on Assignments will meet immediately in the President’s Anteroom. If the members of the Committee on Assignments would please report immediately to the President’s Anteroom. The Senate will stand at ease. (SENATE STANDS AT EASE)
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Schoenberg in the Chair. (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senate will come to order. Mr. Secretary, Committee 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Senate Bill 150, Senate Bill 2485, Senate Bill 3388, House Bill 2263 and House Bill 2376. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Consumer Protection Committee - Motion to Concur with House Amendment 1 to Senate Bill 2969; refer to the Civil {sic} (Criminal) Law Committee - Floor Amendment 2 to House Bill 2460 {sic} (6460); refer to the Executive Committee - a Motion to Concur with House Amendments 1 and 2 to Senate Bill 2485, a Motion to Concur with House Amendments 1 and 2 and 3 to Senate Bill 3388, and Floor Amendment No. 1 to House Bill 5727; refer to the Licensed Activities Committee - Motion to Concur with House Amendment 1 to Senate Bill 2814; refer to the Local Government Committee - Floor Amendment No. 1 to House Bill 1606; refer to the Revenue Committee - Motion to Concur with House Amendments 1 and 2 to Senate Bill 150; and Be Approved for Consideration - Floor Amendment No. 4 to House Bill 2263. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The Chair wishes to make several announcements regarding committees. At 12:30 -- 12:30 p.m., the Executive Committee will meet in 212, the Revenue Committee will meet in Room 400 and Licensed Activities will meet in Room 409. At 1:30 p.m., 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Criminal Law will meet in Room 212 and Local Government will meet in Room 409. And then, finally, at 1:45 p.m., the Consumer Protection Committee will meet in Room 409. Senator Trotter, for what purpose do you seek recognition?
Thank you very much, Mr. President. For purposes of an announcement.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your announcement.
I would like to announce that immediate -- immediately upon recess, we’ll be meeting in the President’s Office for a Democratic Caucus.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The Democrats will caucus immediately upon recess. Senator Trotter, do you have an estimation as to how long caucus will go?
I think -- what -- what was the time of the first committee? Was at 1:30 - at the longest. But we have quite a few issues to discuss.
PRESIDING OFFICER: (SENATOR SCHOENBERG) I know -- and I know it’s been a while since we’ve all had a chance to catch up on our respective break plans. The first committee is scheduled to convene at 12:30. Senator Trotter.
It -- it certainly should not be that long. Hopefully, we can complete our business within an hour.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Very good. Senator Syverson, for what purpose do you rise?
Thank you. Our caucus would actually prefer to have a caucus until like 5:30 or 6, but if -- if that doesn’t work, then we will follow the two -- the two-hour caucus, in the Leader’s Office.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The Senate Republicans will caucus as well, and both of them will conclude no doubt no later than the first scheduled committee, which is at 12:30 p.m. Senate will now stand in recess until the call of the Chair. After committee meetings, the Senate will reconvene for committee reports and for further Floor action. The Senate now stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR MUÑOZ) Senate will come to order. Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The members of the Committee on Assignments will come to the President’s Anteroom immediately. The Senate will stand at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR MUÑOZ) Senate will come to order. Mr. Secretary, Committee Reports.
22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Special Committee on Medicaid Reform - Floor Amendment No. 2 to House Bill 5420. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR MUÑOZ) Special Committee today at 2 p.m. in Room 212 on Medicaid Reform. 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 will stand in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR CLAYBORNE) The Senate will come to order. Committee Reports.
Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment No. 1 to House Bill 5727, the Motions to Concur to House Bills -- House Amendments 1 and 2 to Senate Bill 2485 and House Amendments 1, 2 and 3 to Senate Bill 3388 recommended Do Adopt. Senator Viverito, Chairperson of the Committee on Revenue, reports the Motion to Concur with House Amendments 1 and 2 to Senate Bill 150 recommended Do Adopt. Senator Martinez, Chairperson of the Committee on Licensed Activities, reports the Motion to Concur with House Amendment 1 to Senate Bill 2814 recommended Do Adopt. Senator Noland, Chairperson of the Committee on Criminal 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Law, reports Senate Amendment No. 2 to House Bill 6460 recommended Do Adopt. Senator Koehler, Chairperson of the Committee on Local Government, reports Senate Amendment No. 1 to House Bill 1606 recommended Do Adopt. Senator Holmes, Chairperson of the Committee on Consumer Protection, reports the Motion to Concur with House Amendments {sic} 1 to Senate Bill 2969 recommended Do Adopt. And Senators -- Senators Steans and Righter, Co- Chairpersons of the Committee -- the Special Committee on Medicaid Reform recommend {sic} Senate Amendment No. 2 to House Bill 5420 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Would every -- all Senators at the sound of my voice please come to the Floor? We will proceed to Supplemental Calendar for final action. All Senators at the sound of my voice please come to the Floor. To the Order of Senate Calendar -- Supplemental - - Senate Calendar, Supplemental Calendar No. 1, which has been distributed. We will start with Senate Bill 150. Senator Silverstein. Mr. Secretary, read the bill.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 150. Signed by Senator Silverstein.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein, to explain.
Thank you, Mr. President. This amends -- this creates the Community Expanded Mental Health Service {sic} (Services) Act. 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 It creates a -- an expanded mental health service and governing -- and governing commission. It will be placed on the ballot. It is a commission made up of nine members appointed by the Governor and the Mayor. I’ll take any questions. This is to -- to establish mental health centers in the City of Chicago.
PRESIDING OFFICER: (SENATOR CLAYBORNE) There is -- this is going to require three-fifths vote. Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 150. All in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 45 voting Yea, 4 voting Nay, none voting Present. Senate Bill 150, having received the required constitutional majority, is declared passed. William DeShazer of Chicago Tribune seeks permission to take still photos. Seeing no objection, leave is granted. Senator Maloney, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.
Thank you, Mr. President. As you know, many of our colleagues have left the Chamber the last couple months and we’ve got to meet replacement Senator for Senator Cronin, Senator Hultgren, Senator Dahl. And I’d like to take the opportunity to meet the replacement Senator for Senator Viverito. Oh, never mind.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator Lightford, for what purpose do you seek recognition? Senator Emil Jones, for what purpose do you seek recognition?
Thank you, Mr. President. I’d like to be recorded as a Yes on Senate Bill 150.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Record will so reflect, Senator Jones. Senator Haine, for what purpose do you seek recognition?
Mr. President, for a memorial resolution.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Can we have some silence? Senator Haine.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Three weeks ago -- it was a little over three weeks ago; it was Christmas Eve. And of course, we were - along with all of our fellow citizens - were in the midst of the Christmas season with our families. Unfortunately, we had many of our -- thousands of our citizens engaged in a violent struggle around the world, particularly in Afghanistan and Iraq, against some of our most vicious enemies. On that -- this past Christmas Eve, a young man from my district, Marine Lance Corporal Kenneth Corzine, passed away at Bethesda Naval Hospital in Maryland as the result of complications from injuries he suffered in an IED explosion in Afghanistan earlier in December. He was twenty- three years old, Ladies and Gentlemen. Lance Corporal Corzine was born in Wood River, Illinois, and lived in the Bethalto area his entire life, where he attended Civic Memorial High School. 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 By all accounts, he was a kind and active young man. He enjoyed many sports, paintball, dirt bikes. Was an avid scuba diver. He traveled to Chicago to -- to compete in the Junior Olympics in martial arts. Lance Corporal Corzine had military aspirations at a young age and he entered Marine boot camp in 2007. He was a Marine, a member of a distinguished combat unit, the 3rd Battalion, 5th Regiment. He has a large family in Madison County, our area, including his parents, Kenny and Carla, Uncle Jim Corzine, and grandmothers, Sharon Collins and Betty Davis. He also has a three-year-old daughter, Macy, with his girlfriend, Precious Hart. We recall on the morning of June the 6th, 1944, Franklin Roosevelt spoke to the nation concerning the landings on Normandy beach, and in that talk, he said something, in my opinion, which is applicable to every -- in every situation where we send our troops into violent theaters of war. Franklin Roosevelt said, “Our sons, pride of our Nation, this day have set upon a mighty endeavor”. “Some will never return. Embrace these, Father, and receive them”. We, here this evening in the Illinois Senate, on behalf of the people of Illinois, recall the life and service of Marine Corporal Corzine. We offer our condolences to his family, his love, and his comrades. And we pray to God, in the words of President Roosevelt, embrace him, Father, and receive him. I would ask, Mr. President, for a moment of silence.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Everyone please stand for a moment of silence. (Moment of silence observed) Thank you. Robert Burton with WAND-TV requests permission to videotape. Seeing no objection, leave is granted. Mike Flannery with -- Fox Chicago News seeks leave to 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 record proceedings through video camera. Seeing no objection, leave is granted. With leave of the Body, on Supplemental Calendar No. 1, we will go down to Senate Bill 2969. Senator Althoff, do you wish to proceed? Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2969. Signed by Senator Althoff.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, to explain.
The amendment simply excludes Cook County from the original legislation that passed out of this Body unanimously.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Any discussion? Seeing none, the question is, shall the Senate concur with House Amendment No. 1 to Senate Bill 2969. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. Senate Bill 2969, having received the required constitutional majority, is declared passed. Senate Bill -- oh, I’m… With leave of the Body, we’ll proceed to the top of page - - of -- of the Supplemental Calendar. House Bills 3rd Reading. House Bill 2263. Senator Kotowski, do you wish to proceed? Senator Kotowski leaves the Body -- seeks leave of the Body to return to House -- to return House Bill 2263 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 House Bill 2263. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 4, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This amendment -- House -- Floor Amendment No. 4 to House Bill 2263 makes two further changes to the amendment that was -- previous amendment that was passed dealing with a bill that was originally passed, Senate Bill -- 377. It allows guidelines for deferred payment plans for past-due debts that are owed to State agencies. And, secondly, is -- what it does is it allows IDOT to enter into deferred payment plans with motorists that cause damage to highway property. This is cleanup language from a bill that we passed that dealt with the sale of receivables to generate more revenue for the State.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Now on the Order of 3rd Reading, Mr. -- Mr. Secretary, read the bill. 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
House Bill 2263. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski, to explain.
Thank you. House Bill 2263 is simply a cleanup bill of Senate Bill 377, which was passed by the Senate with a vote of 53 to 0 and was signed into public -- into law. The bill does exempt certain State agencies from the requirements of Senate Bill 377, which set forth specific guidelines for sale, compromise, and deferral of past-due debt. The State universities have requested this exemption in order to give them the flexibility to working out payments with students with debts owing to the universities. And IDOT has requested this exemption in order to make sure that they can enter into deferred payment plans with cities and towns for road construction, also with uninsured motorists who damage highway property. And the amendment also contains exemptions for debts owing to the Department of Employment Security and also Department of Healthcare and Family Services. This is to avoid violating federal law from the sale, compromise, or deferral of those past-due debts.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall the -- shall House Bill 2263 pass. All 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 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2263, having received the required constitutional majority, is declared passed. Melissa Leu with Illinois Statehouse News seeks permission to video. Seeing no objection, leave is granted. With leave of the Body, we’re going to go back to Concurrences. Senator Lightford, on Senate Bill 2814. Mr. Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2814. Signed by Senator Lightford.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Amendment No. 1 actually becomes the bill. It enacts the Fire Equipment Distributors {sic} (Distributor) and Employee Regulation Act of 2011. The State Fire Marshal’s Office will administer this Act. This Act has been previously law, but it’s due to expire, or it has expired on the first of this year. And I would like to extend this Act. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2814. 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. 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 There are 59 voting Yea, none voting Nay, none voting Present. Senate Bill 2814, having received the required constitutional majority, is declared passed. We will proceed to order on the regular Calendar. Top of page 5. House Bill 3rd Reading. House Bill 5420. There’s been a change of sponsorship. Now it is Senator Steans. Do you wish to proceed? Senator Steans seeks leave of the Body to return House Bill 5420 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 5420. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senators Steans, Righter and Althoff.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans, to explain.
All right. Thank you, Mr. President, Members of the Senate. Senate {sic} Bill 5420 is our Medicaid reform bill, as amended. You know, I want to start by thanking the members of the Special Committee on Medicaid Reform, particularly my Co- chair, Senator Righter, who is my chief co-sponsor here on this bill - this is really a Steans-Righter bill - for their amazing collaborative spirit and work that’s been done on this bill, as well as the Governor’s Office and particularly Director Julie Hamos. This has been a very collaborative process. I don’t think it’s the bill any single person would have written, but I think what we’ve done here in our compromise really advances the ball on how we’re thinking about health care, and the Medicaid program in particular, and the future of Illinois. You know, I 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 think we all recognize that we’re in a real state of financial crisis and a third of our GRF budget is spent on Medicaid. And we have 2.8 million people in this program and I think this is going to -- we’ve been trying to set out the goal, as we look at this, to really maintain and improve health by preventative programs and getting people into the care they need, and thus reducing costs and -- and having real savings attributed. We’re estimating that this bill in front of you will have at least eight hundred million in savings over five years. I think Senator Righter and I agree that that’s probably a very low estimate as well. The elements - key elements - of this bill, I’ll -- I’ll go into some -- oh, I’m sorry. This is just adoption. I should have been saving all of this for -- we’ll adopt, please. I’ll -- I’ll spare the rest of this for the -- once we’ve adopted it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Now on the Order of 3rd Reading, Mr. Secretary, read the bill.
House Bill 5420. (Secretary reads title of bill) 3rd Reading of the bill. 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Now, Senator Steans, to explain.
And now I’ll go into the details of what this bill accomplishes. First, I’m going to sort of do this in the areas -- in the order in which the bill addresses these problems. Long-term care rebalancing - one of the things that we have found from many of the testifiers to our hearing, as well as many reports that have -- done, including the Taxpayer Accountability Board, is that Illinois has a large number of folks in institutions. This provides the tool to put together a unified long-term care budget and provides the Governor’s Office with the ability to transfer authority between funds for long- term care, but only with advanced notice posting. We’re also -- I think one of the other advantages of this bill is the Section 25 liability reform - something we’ve talked about for a long time and will really provide more fiscal integrity to the State overall. Right now, we’re enabled in the State of Illinois to pay this year’s fiscal bills with next year’s fiscal appropriations. This Section 25 liability reform will prevent us from being able to do that, but we’re phasing it out so as we won’t put ourselves into a too damaging situation in our time of crisis here. We’re also then doing a lot of changes to the ALL KIDS program and add eligibility criteria for the program to enstore program integrity. We’re ensuring that we’ll verify income for people getting on to Medicaid programs. We’re ensuring that we’ll verify Illinois residencies in the programs. And we are changing so that there’s no longer going to be passive redeterminations for people who are eligible for the ALL 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 KIDS program, but making sure that we do active annual redeterminations. We’re also providing more tools to prevent fraud and abuse. We are expanding the recipient -- a -- a program where it allows people who are frauding -- defrauding the Department -- to put them into a program where they’re getting monitored and can only use a single provider, to include durable and eligible medical equipment provider. For example, so you can’t shop and buy multiple wheelchairs and sell ‘em on the street. We’re expanding that program. And we’re establishing a new administrative procedure to go after -- recipients who are abusing the system. Right now, you can only do it through a criminal process. We’re now establishing an administrative review process for that as well. We’re making some reforms to the pharmacy and pharmaceutical programs as well, where we will reduce in half prompt payments that are paid to the pharmacies and we’ll provide more prior approval requirements for certain drugs -- classes of drugs. And then, finally, we’re -- well, not -- a couple other things. We’re requiring a new health benefit information system. None of this is going to be able to work if we don’t improve the quality of the data systems that the departments are working under. So we have that element in the bill. And we’re changing a couple of the criteria around ALL KIDS. We’re establishing a new income cap for ALL KIDS at three hundred percent federal poverty level. And we’re extending the sunset date of the program for another five years. Finally, we’re going to use care coordination where, by 2015, we are going to require that fifty percent of the people who are in Medicaid program need to be in a care coordination program. Overall, I think this will reduce 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 significantly the cost of the program while improving health care outcomes. And I would welcome any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Pankau.
Thank you, Mr. President. I urge an Aye vote on this. I think there are some of us that feel that this is an excellent start. Some of us would have liked more. Some of us would have liked a lot less. But it’s a place to start. I commend the committee for their work. They worked long and hard on it, but respected each other’s views when it came to the different -- different issues that they faced. I urge an Aye vote. It’s a good, good start.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dale Righter.
Thank you, Mr. President. To the bill, if I might.
PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill, Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. I rise in support of House Bill 5420. Before going into my comments about the bill and I think what it means, I want to extend my sincere thanks to Senator Steans, my Co-chair of the Special Senate Committee on Medicaid Reform, for the work that we have done over the holiday season - many hours talking about the bill, taking testimony, and collecting input from folks. But in the end, Mr. President, everyone knows to one level or another or is convinced to one degree or another that 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 something has to change in the State’s Medicaid program. Remember, Medicaid was designed in order to make sure that we had a safety net for the people who truly needed the public’s assistance in order to access basic health care. And over the years, that program has been expanded, both laterally and vertically in terms of incomes - sometimes it ebbs and sometimes it flows; sometimes with enough money to do those expansions and sometimes not - until we arrived at a point where we’re at today, where the most serious problem that we have in the Medicaid program - and there are many problems in the program - the most serious one is a lack of access; in other words, the gap between having a Medicaid card, Mr. President, and the ability to actually get in and see a doctor and get health care. And a lack of access burdens no one more than the people who are on the lowest rungs of the economic ladder. The people for whom the program was designed are the ones who are not being as well served as they should be now because of the way the program has not been managed and the way it has been managed, in some ways, in this State. House Bill 5420 is a step in a different direction. It increases the amount of care coordination; in other words, not treating individuals and the providers as separate entities, and saying, “Well, you can go over here and you can go over here and you go to this doctor over here or this practitioner over here”, but they don’t have any idea what your condition is. Taking better care of that person by making sure that the medical providers know something about that person and know what the other medical providers are doing. It’s designed to set up a system of shared risk and shared savings. Not looking to one provider group or another provider group and 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 saying we’re all taking it out of your hide or we’re taking it out of your hide, but designing systems that drive out the inefficiencies in the systems. Drive out the unnecessary utilizations in the system, which will provide for, one, better care for the enrollees and, two, will provide for a better buck -- better bang for the taxpayer’s dollar. In the end, the direction that House Bill 5420 takes us in is a direction that we needed to take sooner or later. And I appreciate, again, Senator Steans’ efforts in helping make sure that we are moving in that direction so that we provide better services, both for the taxpayers and the people who depend upon this program. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen, for what purpose do you seek recognition?
Thank you, Mr. President. A couple questions for the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield, Senator Lauzen.
Thank you, Mr. President. Senator, I know that you’ve studied this very closely and I was wondering if you could give the Senate a -- just a couple of numbers. First of all, approximately how much do we spend in Illinois a year on the Medicaid liability? Is it about 10.6 billion or so?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
Well, I think it’s probably a little bit less than that, 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 but one of the things, it is hard, because it’s in so many different departments. We do have a very hard time estimating exactly what we spend. I think it’s a little bit less than that, but certainly at least eight billion dollars is the number I’ve heard repeatedly used.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.
Okay. It -- okay, I would assume that one of the first things that we have to do to control a cost is know what the cost is. And so, I understand the projection at eight -- or, the number at eight billion. I’ve been given 10.6 billion. Do you know approximately what the eligibility rules are in Illinois compared to the national average as -- in the context of how much more do we spend in Illinois as a dollar amount versus how much would we spend if we were just spending the national average? Do you have an estimate for that number?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
I do not have an estimate for that number. I -- I would -- I would acknowledge that we’ve had some places where we do not match what the federal government does in terms of where they will provide federal matching dollars. We provide things above that in certain areas. So we are definitely doing some things where we do not get the federal matching dollars.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.
39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Thank you. I -- I understand that that figure, just for the -- is somewhere in the area of 1.7 billion dollars more than the national average. People would say, “Well, but half of that is federal money.” But that -- so half of that number would be about eight hundred and fifty million dollars a year. What -- in this -- in this piece of legislation, in these reforms on Medicaid, one of the things that, I think, taxpayers across the State - generally a majority of people - would say that they don’t want their taxpayer sacrifices going to pay benefits for people breaking the immigration laws. And so, is there some type of citizenship requirement in the -- in the reforms here? Actually, maybe I should ask the question in a -- another way. Is -- are there any reforms as far as Medicaid eligibility in terms of illegal immigrants?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
No. We do -- are putting in a requirement to verify Illinois residency.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.
I’m sorry. Could you repeat the answer?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
It was, no, we are not putting in change on illegal immigration. We are, however, making sure we verify Illinois residency. 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.
So, as I understand that, a person just needs to be a resident in Illinois to gain those, but there is no citizenship test for Medicaid -- for the Medicaid eligibility. Then, to the bill, Mr. President, if you don’t mind.
PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill.
Okay. First of all, I certainly respect the work that you’ve done and Senator Righter have done, and then the committees in both the -- the joint in the House and the Senate. Eight hundred million dollars is the estimate of the savings over five years. And that’s eight hundred and -- eight hundred million that we need. Divided over five years, that’s approximately a hundred and sixty million dollars per year in savings. A hundred and sixty million. Last year, our Medicaid spending went up eight hundred million in the year. So, it went from 9.8 billion to 10.6 billion. So, this will be about a forth of the increase from one year, each year. So, it certainly goes in the right direction, but I would think that -- I hope that this is going to be an ongoing effort, because when we’re saving on the estimate a hundred and sixty million, but the liability is increasing by eight hundred million, that’s bankruptcy, folks. Along with some of the things that are happening with the pension funds. So, I would just recommend, as hard as you’re working on this, we all need to pitch in to help you make even more progress. Thank you. 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you, Senator Lauzen. The Senate would like to welcome the Speaker of the House to the upper Chamber, Speaker Michael Madigan. Thanks for coming over to see us. Any further discussion? Seeing none, Senator Steans, to close.
Thank you, Members of the Senate. I -- first of all, I want to recognize Director Julie Hamos, who is up in the gallery. I think all of those of us who have been involved in negotiating this know that it would not have come to this point on -- without her leadership. I think people really value who - - and the integrity with which she is bringing the Department. And I think that’s really enabled us to negotiate in such good faith. So, thank you very much, Director Hamos. And, you know, we are really -- one of the analogies Director Hamos likes to use is this is turning an enormous ship. And it’s hard and it’s going to take a lot of work. This is clearly just a first step. I do think those cost savings are well underestimated and they certainly are going to be growing over time as we move more people into care coordination over time. Very much look forward to your Aye vote and to continuing to work on our ongoing needs for Medicaid reform. Thank you very much and I really also want to just thank Senator Righter for such a collaborative process that we had.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to the Senate -- the Senate, Director Hamos. The question is, shall House Bill 5420 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 wish? Take the record. There are 58 voting Yea, none voting Nay, 1 voting Present. House Bill 5420, having received the required constitutional majority, is declared passed. Senator Schoenberg in the Chair.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Maloney, for what purpose do you seek recognition, sir?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
I’d like to take this opportunity to introduce my State Representative, who took the place of Representative Joyce several months ago and has done an outstanding job representing the district and he -- working hard for the district. And he’s also the Worth Township Democratic Committeeman. I’d like the Senate to please welcome Representative John O’Sullivan.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Welcome, Representative. We will now proceed to the bottom of your Supplemental Calendar No. 1, the Order of Consideration Postponed. House Bill 2376. Majority Leader Clayborne. This is final action. As the bills on this order have already been presented and debated on the Floor, I wish to remind everyone that on each bill we will be limited to one proponent and one opponent speaking on each bill. House Bill 2376. Senator Clayborne, do you wish to proceed? He indicates that he does. Mr. Secretary, please read the bill.
43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 House Bill 2376. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.
Thank you, Mr. President. This bill was up before. I think there was a little confusion. Basically what happens, under this bill, if a referendum on a tax passes, the tax will be imposed. The bill allows for bonds, where at least ninety percent of the revenue to retire bonds are from sales tax, to be exempt from a backdoor referendum. However, a -- a referendum must be passed in order for the -- the tax to be implemented. All we’re doing is taking -- in previous times in the past, or current law, the county board would be somewhat hesitant to implement the tax even after the voters approve the referendum. We take that discretion away and the bond -- and the tax has to be imposed. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Lauzen.
Thank you, Mr. President. To the bill: One of the changes that this legislation makes is that it lowers the referendum threshold for certain school bonds. It allows alternate bonds to be issued without backdoor referendum if at least ninety percent - it’s now currently a hundred percent - of the revenue is expected to come from the county school facility sales tax. Proponents argue that a referendum is unnecessary because 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 referendum was already held to approve the school facility sales tax. That’s true. But alternate bonds allow a property tax - a property tax - to be imposed if the revenues from the sales tax falls short. So, the -- the security blanket, or the -- the protection, is going to be the property tax exposure. So the language in the School Code expressly states that a referendum is required for school construction bonds if a property tax levy is involved. So, the concern is, what’s the source for the other ten percent needed to pay the debt service, and then the answer, if the sales tax falls short, is it’s going to be a -- more of a burden on property tax. So, I suggest a No vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you, Senator Lauzen. There being no further discussion, the question is, shall House Bill 2376 pass. 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? Mr. Secretary, please take the record. On that question, there are 40 voting Aye, 13 voting Nay, none voting Present. House Bill 2376, having received the required constitutional majority, is hereby declared passed. Senator Clayborne in the Chair.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Maloney, for what purpose do you seek recognition?
Point of personal privilege, Mr. President. As I just introduced Representative John O’Sullivan, my other State Representative is here. He’s been doing a terrific job for several months down here, taking the place of long-term Representative Jim Brosnahan. I’d like everyone to meet 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Representative Mike Carberry. Welcome him to the Senate.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to the Senate, Representative. Senator Demuzio, on Senate Bill 2485. Mr. Secretary, read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 2485. Signed by Senator Demuzio.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio, to explain.
Thank you, Mr. President and Members of the Illinois Senate. Senate Bill 2485 is certainly a milestone here for the State of Illinois. Today could be a -- a historic day for the State of Illinois. As my time here in the Senate winds to a close, we have one final opportunity to make a positive impact on our State and create good jobs for thousands of Illinois families. Senate Bill 2485 is legislation that will provide Tenaska with the go ahead it needs to build the cutting-edge Taylorville Energy Center. I’m asking that you take a few minutes today to understand what passing Senate Bill 2485 means to our State. This bill is not about geography. This bill is about high-tech clean coal technology for Illinois. The Taylorville Energy Center will be the cleanest coal-fueled power plant in State history.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Let’s quiet our conversations down a little bit.
Our State is abundant with coal and there is more coal here 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 in Illinois, in our State, than oil in all of Saudi Arabia. 3.5 billion in private investments has also been determined. A University of Illinois study indicates that over eight billion dollars in activity will be injected into the State economy during the construction phase of this project. This bill is also about two thousand five hundred construction jobs, hundreds of permanent jobs. Creating these jobs begins immediately, at no cost to the ratepayers. Throughout the construction phase of this project, 2011 through 2015, over sixty thousand more jobs will be supported. Cost for residential and commercial taxpayers will be fair and protected. And because residential utility rates are capped, the average residential rate increase beginning in 2015, at the earliest, will be six cents a day. Commercial ratepayers, who currently pay over forty percent less than average citizens, will not experience a rate increase that exceeds more than half a penny per kilowatt hour. The Citizens Utility Board supports the project because of the stability and rates and protections for consumers. This bill is also about bringing and keeping business here in Illinois. Illinois should -- is business friendly. We want to send that message. And much has been said about the fact that jobs are leaving, our businesses are closing. They’re going out of state. They’re going -- other places. This is an opportunity to put a business here, Tenaska Taylorville Energy Center, and twenty-five hundred men and women with good-paying jobs here in Illinois. So, as we look at this, with -- with all of us and our partnership in supporting this legislation, we will be bringing cutting-edge technology to the State, good-paying lasting jobs, and a commitment to investing in our economic growth. I’ll be happy 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 to take any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator McCarter. SENATOR McCARTER: To the bill: You know, I originally was in favor of this project because of the jobs promised and the Illinois coal that would be used. However, once I read the ICC report and heard testimony from Tenaska and business representatives, it was made very clear that the cost to the commercial and industrial power consumers will very like -- very likely cost us more jobs than the proponents claim it will generate. Tenaska is asking that consumers via specific legislation only benefiting Tenaska, no one else, to guarantee them sales of power for thirty years at above-market pricing. This is -- this is an about-face move away from the deregulated power market that has proven to be successful in keeping rates low in Illinois. Tenaska’s cost of power, twenty-one cents per kilowatt. Wholesalers in my district right now pay four. That’s over four -- over five times. Tenaska caps residential users at two percent, granted. But commercial and industrial users are left with the burden of two hundred and eighty-six million dollars each year for thirty years. Increasing the power cost three to -- at least three to seven percent each year. Here’s some of the real examples of the people that are going to be hurt in my district: Five million dollars’ additional cost per year to my largest employer, ADM. To another one of my larger employers, their increase in power costs equals the same as a twenty-five -- twenty-five percent increase in their corporate State income tax. Now, nobody’s for adding a tax, are they? But what we’re 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 doing here is essentially that. Over two hundred and fifty thousand dollars to an industrial distributor in my district, and millions more for all the small businesses, like mine, who buy from coops. This is not just big business that gets a break on power. Small businesses are hurt by this as well. Tenaska bases its proposal on the assumption that older coal plants -- power plants will go offline and increased demand for power will spike prices, making Tenaska’s high-priced power somewhat more reasonable. Whereas it is very likely that older power plants may be shut down in the future, we must remember that Tenaska is -- one, is only offering two percent of the power our State consumes, and our power demands are met on a national and not a State basis; two, Tenaska is offering World War II technology not yet proven to produce competitively priced power; and three, the assumption is being made that new technology capable of producing competitively priced power from Illinois coal will not be achieved. I have faith in our universities, who are working as we speak on this. Lastly, the Tenaska legislation does not guarantee that Illinois coal will be used. The definition in the bill allows for coal from Kentucky and Indiana. Now, I’ve - - I’ve researched this very thoroughly and I’ve listened to all the sides concerned. Most challenging to me is the fact that my predecessor, my good friend and mentor, Senator Frank Watson, is a proponent of the bill. Despite this and my passion for bringing jobs to this State, I will not increase the cost of doing business on our existing commercial and industrial users and put an estimated fifteen to thirty thousand existing jobs in jeopardy. We must protect the jobs we currently have. As well, we must commit to finding new technologies that can produce 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 affordable power from Illinois coal. For all the -- the above reasons, I’ll be voting No. I urge each and every one of you today to protect our jobs and vote with me. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield, Senator -- Senator Dillard.
Thank you. Senator Demuzio, like you, I care deeply about using Illinois coal. Where in the bill does it say that Tenaska is mandated to use Illinois coal for this project?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio.
Yes. Senator Dillard, on page 5 of the bill, there’s a definition there that -- that -- “with all coal having high volatile bituminous”. You can start in that area. It does indicate that that’s Illinois coal and we’ll use that.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
…Demuzio, can this high volume {sic} coal, can it come from another state?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio. 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
Senator, there’s small pockets of -- of that coal in Kentucky and -- and Indiana. Small pockets.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
Thanks, Mr. President. I {sic}, like Senator McCarter’s, initial reaction was this is a great project for Illinois, a great project for Taylorville. But, unfortunately, the more you learn and the more you do the mathematical analysis of this project, it doesn’t make sense for Illinois consumers to pay two hundred and eighty-six million more for the next thirty years for the purchase of electricity. Up my way, you know, we are struggling to keep industry in northeastern Illinois. And this is, in my estimation, and the estimation of many, a net job killer for Illinois. While it may create some jobs at about a cost of a half a million dollars a job in Christian County, it is going to cost, according to some analysis, literally between fifteen and thirty thousand jobs on a macro scale in the State of Illinois. You just simply can’t increase and force electric rate increases. And this is a three-quarter of a -- it’s three quarters in -- of an increase in the current electric excise tax in Illinois. And if this were what I would call a straight tax increase put before this Body right now of two hundred-some million dollars a year on the people of Illinois, I, obviously, would vote against it and I think most of you would as well. And while this may not be a traditional tax increase, make no mistake about it, this is a tax increase on the people of Illinois and a whopper one to boot. And then, last but not 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 least, what really bothers me in here, and I think this is a horrendous - a horrendous - precedent, is on page 96, there is a legal pledge, a legal pledge that binds future General Assemblies, that binds the State of Illinois, for three decades for a private company. And Tenaska is a good private company from reputation stake, but I think it is a horrendous precedent to bind future General Assemblies and the State of Illinois, like we do on page 96, three different ways for a private enterprise. You know, it’d be one thing if it were State of Illinois general obligation bonds to bind us, but for a private company, I think that is bad public policy. I would love to be for this, Senator Demuzio. I think the potential, as you said, for the usage of Illinois coal, more Btus than Saudi Arabia, is a wonderful thing. And I wish there were a private sector way to do it without a subsidy that is literally, literally billions of dollars over a thirty-year period on ratepayers when we’re competing on jobs. But, again, my economic analysis and those by other experts says that this is a job killer of between fifteen and thirty thousand jobs on a macro scale in Illinois. And I, unfortunately, think this is too rich of a package, with a bad legal precedent for the State of Illinois, at this time. And I, very reluctantly, have to oppose this legislation. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator/Leader Hendon.
Thank you, Mr. President. Mr. President, I love the sponsor. Senator Demuzio is a wonderful person. And I love organized labor. And organized labor is all for this bill. 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator Demuzio is a Democrat. I am a Democrat. But if you listen to Senator McCarter, if you listen to Senator Dillard - and soon, I believe, Senator Righter will get up and talk about this bill - it becomes clear to everybody that loves the people of Illinois that this is a bad bill for the people of Illinois. And who is more important? Organized labor? They’re very important. Senator Demuzio? She’s very important. But who is the most important? The people of Illinois. That’s who sent us here. That’s who we’re supposed to represent. And if you look at this bill, if you get down to the belly of the whale, it’s clear that the people of Illinois are losers under this bill. In committee today, Senator Lightford pointed out that the cost overruns in Indiana, nine hundred million dollars. And the people of Indiana are stuck with that bill. I’m for clean coal. It is a natural resource here in Illinois. We should use it. But why should we make one corporation extremely rich while holding everybody else hostage? The Retail Merchants are against this bill. City of Chicago’s against this bill. CTA is against this bill. Waukegan is against this bill. Everybody. And as Senator Dillard said, you’re going to -- you’re going to create -- fifteen thousand jobs while losing thirty-five thousand jobs. Now, I went to Chicago Public Schools, but I can still count. I can still add. I can still subtract. They didn’t do a great job, but my momma taught me how to add and subtract and multiply. This is ridiculous. Why should we, for one company, an out-of-state company, hurt all the companies in the State of Illinois? The Retail Merchants, who’ve never really been with me politically - they’re mostly with Republicans - they’re against this bill. They’re right, Mr. 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 President. I love Senator McCarter on this bill. He’s right. Senator Dillard is absolutely correct. We need a bipartisan vote today to vote this ridiculous anti-consumer, anti-Illinois, pro one company bill totally down. This bill should get six votes. Six votes in the Senate. Maybe five. No more than that, if we love the people of Illinois, if we care about the consumers, if we care about not running business away from this State. I voted Present today in committee. If my vote had of made a difference, I would have voted No so we could’ve killed it in committee, because this is a horrific bill. The ICC is against this bill. Everybody but those who think they’re going to get jobs, who haven’t done the math about how many jobs we’re going to lose, except the company that has a clause in here that forces all of our companies that get energy to sign into a contract with them for thirty years. Thirty years. This is a bad bill, Mr. President. I ask everybody, I urge everybody, if you love the people of Illinois, if you don’t want to run business away from this State - yes, I am conservative on this bill; there is such a thing as a conservative Democrat when it comes to business, from the West Side - to vote No on this horrific bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Martinez, for what purpose do you seek recognition?
For purpose of -- to ask the sponsor for a -- a few questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield.
54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator Demuzio, let me ask you a question. Have there been numbers given to you of the impact that it will have to the City of Chicago and -- and the County of Cook?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio.
Yes, Senator. I have seen a number of -- of numbers and I’ve heard it in -- at a public hearing that we had in Chicago a couple weeks ago. Yes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Martinez.
Thank you, Senator Demuzio. And you know what? I have the highest respect for you, you know, ‘cause I think that -- I think we are -- we all try to do the very best we can for our district. I think, at the end of the day, we want to see jobs. You know, I am a hundred percent pro-labor. But I really believe that at the end of the day, after those jobs come and go and -- and the plant is there and -- and it’s going to house two hundred people, we have to look at the long term of what effect -- what the effects are when it comes to the County of Cook and the City of Chicago. And let me just give you a few figures that really have me very concerned and why I will be voting No on this bill. According to the report, Chicago and Cook County government units will pay five million dollars more annually and industrial supply businesses in central Illinois with a forty- thousand-square-foot facility will pay two hundred and sixty- five thousand dollars more annually, or if you looked at that at thirty years, 7.9 million. A retail discount store in southern 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Illinois with fifty thousand square footage of retail space will pay sixty-six thousand more annually, or for thirty years, that’s 1.9 million. The State university that we all care about so much will pay 208,000.9 {sic} more annually, and over a course of thirty years, will pay over 6.2 million dollars. A school district in central -- in central Illinois - I’m thinking Florida, I don’t know why - central Illinois will pay twenty- nine thousand more annually and, of course, over thirty years, it’s 891.6 thousand dollars over thirty years. You know what? I think the biggest -- I think the -- the biggest thing for me in this is that a private developer will be getting the largest electric rate hike and subsidy that Illinois will be giving to a private entity. And I really don’t think that this is the way for us to go. So I will encourage people to really look at these numbers and know that we are not winning anything here. Yes, there are a few jobs that will -- that would occur, but long term, we are really going to be hurting our consumers and the people of Illinois. I ask for a No vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Risinger, for what purpose do you seek recognition?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill, Senator Risinger.
You know, I’m like Senator Carter {sic} and -- and Senator Dillard, I was for the bill at the beginning. I’m a little different from them now, because I’m still for the bill. You know, we -- we cry and moan and -- and complain because we can’t 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 get jobs in Illinois and we agree that, you know, we’re in financial trouble and if we could only create more jobs, good- paying jobs, that would help us get out of the financial mess we’re in, and yet we have an opportunity to do that and to do that with a natural resource that we have here in our State that means a lot to our State, and yet we -- we’re -- we’re drowning it out. You -- look, we haven’t built a -- a base load plant in -- in over twenty-five years that didn’t have some kind of a long-term connection in order to finance that kind of -- of an investment. We have to have some kind of mechanism to finance these loads. And as these older coal plants go out of business and -- and you know, up in -- in certain areas, these old coal plants are spewing out pollutants and they’re not -- they’re not long for this life. They’re going to have to be adjusted one way or the other or else put out of business. It takes a long, long time to build a project like this. You know, we -- we’ve been doing the planning process for quite some time. We spent millions of dollars in the process to do that part, just to get here. And now we need to move forward with that project. This is going to be hundreds, if not thousands, of construction jobs, good-paying jobs that are important to the State of Illinois. People that will pay taxes and raise their family. And then it’s going to create permanent jobs, not only at the plant, but also in the coalfields. And, you know, we talked about can we get this coal from other -- other states, Indiana and Kentucky. Yeah, there are a few pockets of -- of that high-sulfur coal, but I can tell you the transportation will not -- will not make it economical to bring it in and we’ll be using that Illinois coal for this plant. I urge an Aye vote. Quit complaining 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 about not creating an environment to create jobs in Illinois if you vote No on this -- on this bill. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield, Senator Harmon.
Thank you, Mr. President. Senator, we had a -- a good conversation in committee and I just want to revisit some of those -- those points. Much of the criticism of this bill and the concerns raised by the opponents, to me, is a result of how the bill allocates the costs and the risks across what is supposed to be a competitive market by imposing a rate cap on the utility customers, but not on the -- the customers from alternative suppliers. We’ve created this -- this artificial distinction. We also, in -- in your bill, are -- well, let me - - let me stick to that point. That’s a concern for a lot of folks and it’s really the concern that’s been raised by so many people who have talked about how the bills are going up for the customers of these alternative suppliers. I understand that there is going to be a trailer bill to attempt to deal with some technical issues. We talked in committee and you had expressed a willingness to incorporate some sort of a rate cap on the -- the alternative retail suppliers as well. Is that correct?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio.
58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Yes, Senator. I would be willing to work with you and anyone that has concerns to see what we could do to correct any questions that you have.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon.
Thank you. To the bill, then, Mr. President. I think that there is a way. Senator Righter made some good points in committee about whether we could construct a rate cap that would work. I’ve had some conversations with the stakeholders. I think that there is a way to construct a rate cap that protects the customers on both sides of the divide. And I would be hopeful that we could work on that together here to get this done. With -- with that assurance, I will support the bill. This is not a bad bill for the people of Illinois, notwithstanding what some of our colleagues have said. It’s an imperfect bill, but most of the bills we pass are imperfect. This will create a huge number of jobs in Illinois and in part of Illinois that needs the jobs desperately. And I think it’s a prudent experiment on how to deal with Illinois coal in hopefully an environmentally responsible way. Just one observation, so many large numbers have been thrown around today, and this has been a feature of this -- this debate from the beginning. When we hear numbers, it’s going to cost a million dollars or more a year, it sounds like a lot of money. But if these ventures or these governments are already paying fifty million dollars a year for their power, it is two percent. So, we should all discount these large numbers when they’re thrown at us. Similarly, we should remember to raise the 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 numbers. When we talk about two cents per kilowatt hour, that sounds like a very little amount of money. The truth is somewhere in the middle, but I caution everyone to -- to discount the large numbers that are being thrown around. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Luechtefeld, for what purpose do you seek recognition?
Thank -- thank you, Mr. President, Members of the Senate. For -- to the bill: You know, I -- I doubt if any of us have changed anyone’s minds. Most of the time and especially a bill like this that has been lobbied so hard, it is very difficult to change someone’s mind with what’s said on the Floor. But, you know, I -- I’m sure the lobbyists would love to see more bills like this come along. It -- it’s good money for them. But there have -- and -- and usually when this happens, there are so -- there is so much exaggeration of the numbers of -- of, you know, this will cost us X number of dollars for the next thirty years. How do we know what it’s going to cost thirty years from now? How do we know what the -- what -- what the power -- the generation of power, what it will be like thirty years from now? How do we know that there won’t be a shortage of natural gas and spike up? I can remember that happening a few years ago. You know, it is -- we have a resource in this State. You know, and -- and every State has, maybe, resources. One we have is coal - more than any other two states put together. And I ask you, where do you want to use that? You know, I know some of the earlier speakers have said, you know, I’m all for coal. Well, 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 where would they like to use it? If they don’t want to burn it and if they -- and -- and, you know, this is, by the way, the -- the cleanest way to burn -- to -- to -- to process coal that we know of. In fact, even the Sierra Club, a couple years ago, was all for coal gasification. Now, of course, they’re not anymore. But this is the cleanest way to do it. What -- what -- how would you like to burn it, if we can’t do it -- you know, we have all this coal and -- and if we don’t use it for -- for generation of -- of energy, then where do we go? You know, I’ll tell you what we can do. We can mine it, and I think it will continue to be mined, and we’ll send it to China and they’ll burn it with -- and not in a very clean way. And this is the same world we live in as China. But to make the -- the statements that I’ve heard and the numbers that I’ve heard is just outrageous because we really don’t know. Now, my -- there are two -- a couple of things I’d like to see happen. One, I would really like to see us use this resource. I think -- and I also know that right now this is the cleanest way, and I can’t help believing that as we start this process, if this happens, there will be new -- new ways, cheaper ways, of coal gasification that will make it much more competitive. You know, most of the people in this room have voted for wind energy. I wonder what that cost us. I’ll bet it cost more than this plant’s going to cost in subsidy - not only from the State, but from the federal government. Solar is the same way. And -- and -- and -- and -- and certainly this is not a cheap way to do it, but all of us have voted for it and I don’t remember the rhetoric and -- and the comments made that -- that we have heard today. So, again, hopefully enough of you will get through that 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 -- rhetoric and say, you know, well, here’s a resource that we have, here’s the way we can use it. We not only can mine it, but we can create some jobs to produce electricity. So, hopefully we can get enough Yes votes to make this happen. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford, for what purpose do you seek recognition?
Thank you, Mr. President. To the bill: Mr. President and Ladies and Gentlemen of the Senate, at what cost do we allow -- not only is this a bad bill, Senator Harmon, it’s a terribly bad bill that has an expensive cost - not just for one generation, not just two, but we’re talking thirty years, three generations that will be locked in. And what’s factual, Senator Luechtefeld, right now, what’s factual is that it will cost ratepayers two hundred and eighty-six million dollars. Now, that’s a fact. That’s the number that was given to us by the developers. That’s the fact. But another fact is a site very similar that they did discuss in Executive Committee today, in Indiana right now, is nine hundred and ninety million dollars in overruns. That’s another fact. We do know that and we know that’s the honest number and we know that number is real. And so, what we know today is that this is a instance that we’re willing to -- take our deregulated system and -- and -- and scratch competition. We know right now that the ICC ruled that this was not a great idea, not even a good idea. In fact, they thought it was a poor idea. They list eight or nine areas that needed improvement. This company only satisfied four or five of 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 ‘em. Didn’t even try to meet the ideas and suggestions that the ICC put out for us to follow as recommendations. Not only is it a bad bill that the ICC sees, but many of us recognize that we cannot cover the cost. Senator Harmon mentioned a million dollars, that’s a little money. No, a million dollars is why a lot of people play the lottery. That’s what a million dollars is. It’s a lot of money. And many people recognize that. And if we have a system right now where our public schools - not just Chicago - this isn’t just Chicago, this is suburban Illinois. This is downstate Illinois. All of our school districts are functioning in the red. Yet, we’re going to ask them to pay millions of dollars more for electricity. Where would they recoup that cost? We certainly don’t have it to give. Where would the CTA, Metra and the RTA recoup costs? We certainly don’t have it to give. Where would the Water Reclamation District recoup costs? We certainly don’t have it to give. You know what they’re going to do, Ladies and Gentlemen? They’re going to lay off people. We’re going to lose jobs with this bill. I love unions, yes, I do. I’ve been on Labor for twelve years. I’ve supported many initiatives. I’ve carried the water. I’ve done that whole concept. But, Ladies and Gentlemen, there comes a time when we have to do what’s right and stop trying to see who are the lobbyists that are our friends the most, who can make the difference, but look at the substance - the substance, the issue of the bill. This legislation is costly. We cannot afford it. It takes away what we’ve already put in place with our deregulation system, and it’s just a terrible concept at this time. And I strongly -- I sat for five hours, open-minded, in a subject matter hearing on 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 this and I listened very carefully and I can stand firmly and urge you to vote No.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Koehler, for what purpose do you seek recognition?
Thank you, Mr. President. To the bill: This is going to be one of the strangest votes in terms of partisan politics that I’ve seen since I’ve been here. So, I don’t know how to figure this one out. But I want to thank my colleague and friend from Peoria, Senator Risinger, ‘cause I agree with a lot of your arguments, and I, too, was initially for this and I still am. And when I listen to all the rhetoric and let’s -- let’s face it, there are vested interests on both sides. And this could be called the -- the -- the “lobbyist full employment” Act. But when I -- when I look at, very simply, what this does is -- is a couple of things. One, we need jobs. There are people in my district that are sitting on the bench waiting for -- you know, to be called out. Electricians and carpenters and -- and laborers and -- and wanting that job, because even though the economy may be starting to improve nationally, it hasn’t improved for many families in central Illinois. Secondly, we need to have -- find a use for burning Illinois coal. That’s a resource that we have an abundance of. And if not now, when? And if not this, what? And we also need to -- need more power. Car companies are now getting ready to roll out electric vehicles. I shudder to think what’s going to happen on a hot August day when we have rolling brownouts and we have no electricity to be able to plug our cars in and -- and be able to get to work. We have to have more power plants built to meet 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 the demands of the future. We -- we are existing in a deregulated environment right now. I guess my sense of economics is that the more producers of power you have, the better it is for the cost for the consumer. Isn’t that the truth? Supply and demand. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator John Jones.
Thank you, Mr. President. To the bill: You know, we’ve heard a lot of rhetoric, as -- as everybody’s said here today, but Senator Koehler, Senator Risinger, Senator Harmon, you know, I -- I think you’re right on, you know. I -- I live in southern Illinois and there’s three bills working their way through the process here right now that deals with using Illinois coal. Senator Trotter’s got one that -- that he’ll probably call here shortly - the -- the Leucadia project in -- in Chicago. And I support that. I didn’t speak on this bill in committee a while ago, on Tenaska, but I did speak briefly about Senator Trotter’s bill. You know, we’ve all made votes here that -- that are really tough votes. You know, I made a vote last year for capital because I knew that we had to put people to work in the State of Illinois. But you know what? A capital bill does this: It puts people to work temporarily for a short period of time. Two months, three months, six months of repaving a road or building a bridge, you know. If you’re lucky, a couple years to build a new school. But these plants are going to take three to four years to build, but not only that, once the -- they’re built - Tenaska, Leucadia, Power Holdings in my home county - but once they’re built, there’s going to be permanent jobs 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 there. We’re also going to have to have more coal mines to supply the coal. And something some of you may not know - in fact, most of the people in this building probably don’t know it, other than the Coal Association up here - the majority of the coal that we produce in Illinois is not used in Illinois, folks. We ship it out of state, out of the country. And guess what? We don’t get one dime’s worth of sales tax off of that. But if we burn Illinois coal in Illinois, we’re going to get sales tax off of it. But we’re going to create jobs in Illinois. I tell you what, folks. It’s time to step up. If we’re going to turn the -- the economy around in this State, we must create jobs. This is a great way to create jobs - permanent jobs that will be around for years to come. You know, they built a new power plant right here in Springfield. Just put it online not too long ago. Rates went up thirty-four percent. I haven’t heard a soul in this community say anything about that, other than that they’ve got good, dependable electricity. We must have power if we’re going to grow the economy in the State of Illinois. And as -- as Senator Koehler just said, competition, folks, drives the cost down. So, we build this one, we’ll build more of ‘em and the cost will go down. But as Senator Luechtefeld said, who in the world can predict what the cost is going to be thirty or thirty-five years from now? I don’t know of a human being on this earth - even Einstein, if he was here - could project that. I ask you to consider a Yes vote on this bill. This is important, not only to Taylorville and the surrounding areas; this is important to the State of Illinois. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator John Sullivan.
Thank you, Mr. President. To the bill: You know, I, like many Members here in the General Assembly, have wrestled with this legislation. I have spent probably more time studying and gathering information on this legislation than perhaps any bill I’ve -- in -- in recent memory, at least. And it’s a complex issue. It’s a complex piece of legislation. And it has some good aspects, has some aspects that maybe we don’t like. And each side has made some very convincing arguments, as -- as we all know from -- especially from the lobbying side of it. And I’ve -- I’ve seen dozens of editorials, both for and against it. So, we know it’s a -- it’s a difficult issue and a complex issue. Now, first of all, I want to say, the plants that operate in Illinois, both nuclear and coal plants, have been paid for by ratepayers. Over the years, when they built -- I remember when they built the Clinton power plant - you know, what the cost of that was. It’s paid for by ratepayers. Ratepayers are going to pay for this construction as well. I think we need to ask the question, “Do we believe that the State of Illinois needs to develop and promote Illinois coal?” I think that’s a fundamental question that we need to ask, is -- is do we want a resource that we have here in Illinois, an abundance of it, do we want to utilize that resource to generate electricity and create jobs in the process? I believe that we do. Another question is, do we believe that the EPA, the Environmental Protection Agency, is going to further restrict emissions of coal plants? I believe that they will. This plant, as has been mentioned, it’s clean technology. It’s going 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 to meet the standards, and I believe the standards for -- for a long time in the future. We -- several of us sat through that five-hour hearing up in Chicago. I made the trip up on two different occasions. And at that hearing, the President of the Illinois Coal Association -- and -- and I’m addressing now the issue of whether Illinois coal is going to be burned, and -- or, not burned, but used in this plant. And I asked him, the President of the Coal Association, that -- that very question. And his response is that the language in the bill ensures that ninety percent of the coal described in the bill is only found in Illinois. Yes, there’s a little bit in -- maybe in Kentucky and a little bit in Indiana. Ninety percent of it is here in Illinois. To the issue of the -- several people have talked about the Illinois Commerce Commission’s role in this legislation. And -- and several people have said that they are against this legislation. That is absolutely not true. As a matter of fact, I want to read that the ICC’s role in this legislation was not -- they made no recommendations either for or against the plan. By statute, their responsibility was to analyze this project to determine if the plant was likely to perform as advertised, and they concluded, through their -- the company that they hired to do the analysis on it, that the cost, rate impact, construction schedule, plant performance, and environmental performance was all reasonable and achievable. That’s what the ICC said. Just to summarize: Here’s -- here’s an opportunity to use an Illinois resource, Illinois coal. It will create jobs, new technology for the future in electricity generation. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator Jacobs.
Thank you, Mr. President. This is a very difficult vote, because I -- I’ve studied it a lot, I’ve looked at it a lot, and I have some friends on both sides of this issue. But, you know, at the end of the day, I believe in local control. I think we ought to end all subsidies to corporations in Illinois and I think we ought to look at any subsidy that we’re giving currently and -- and say, “Can we afford it?” I would just ask Senator Demuzio, two hundred and eighty-six million dollars per year - for how many years?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio.
Senator, it’s thirty years.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
And, Senator, and we buy everything they produce. Everything that they produce, the State will buy.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio.
Not the State, Senator, the utilities.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
It seems to me that -- it’s a lot of jobs. It is a lot of jobs. I have a lot of trades that want this. I have a lot of 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 locals that want this and I want to give it to ‘em. But I’ll tell you, it’s very difficult for me to look voters in the face and tell ‘em I’m paying how much per job? When -- when it’s all said and done, you have a hundred and fifty jobs. And they’re getting a two-hundred-and-thirty-six-million-dollar-a-year subsidy? And -- and I’m not much on math - I’ll leave that to the West Side - but I do know one thing: We’re getting ripped off. And we better stop it. And, Senator, I would just say too, we need to stop it on the wind, we need to stop it on the solar. If you want to compete in Illinois, come to our State and spend your money and compete. But I’ll be darned if I’m going to stand here and go along with this. And let me tell you what turned it for me, Senator. I spent a lot of time on my computer this afternoon. And I read all the editorials. But the one thing that kept coming up in -- in my ear were -- were the comments like these: Illinois doesn’t have a spending -- a revenue problem, it has a spending problem. The party’s over. We’re going to cut spending and stop waste. I will work to end wasteful government spending. And, Senator, can you tell me who was saying that? Your opponent. So, if people in the State want to know why I’m not supporting this, because her opponent said it’s no good.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio, to close.
Thank you, Mr. President and Members of the -- of the Senate. In closing, let me just say, there’s been a lot of comments made here about this bill. And all of the comments I take with -- with -- to heart and I certainly understand that 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 each and every one of you have your own feelings and want to do what you feel is right for your district. But there was one thing here that I want to make a comment on. It was mentioned that -- the base load plants. Well, let me just read to you a news release here that just came out about Dynegy -- Dynegy, and it was dated December the 28th. We now have three base load power plants that have closed. And let me just read that Dynegy Inc. today announced that it expects to put its hundred-and- sixty-four-megawatt Vermilion Power Generation facility in Oakwood, Illinois, near the end of the first quarter and they’re going to shut it down. Factors influencing the company’s decision include the relatively small size of the facility, older technologies and coal delivery challenges. So, again, we’re now beginning to see -- this is three. There is Dynegy, Constellation, and I believe, Dominion. This is just the first part of base load plants going down. And again, I would like to say that what we’re going to be losing here is jobs - jobs, jobs, jobs. And if you would take a moment to look up into the gallery, you’ll see that -- many of our men and women in our -- that are unemployed. With an unemployment number that we’re facing here in Illinois, take a look up in the gallery and look at the faces of those that are unemployed. And I ask for your vote. Let’s put these men -- men and women back to work and let’s move Illinois forward in clean technology and clean coal. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall the Senate concur in -- in -- with Senate Bill -- I mean, I’m sorry, House Amendments 1 and 2 to Senate Bill 2485. All those in favor will vote Aye. Opposed, 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 25 Yea, 29 Nay, 3 voting Present. Senate Bill 2485 did not receive the required constitutional majority, and declared failed. Senator Demuzio, for what purpose do you seek recognition?
Yes, I’d like to put the -- the bill on Postponed, please.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio requests that Senate Bill 2485 be postponed. The bill will be placed on the Order of Postponed Consideration. Senator McCarter, for what purpose do you seek recognition? SENATOR McCARTER: I was informed my light didn’t go off. And I should have been recorded as a No vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The record will so reflect. We’re going to go to the regular Calendar, on page 4 in the middle of the page. It’s going to be a recall. House Bill 3659. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 3659 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3659. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 3, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cullerton, to explain. 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
Yes, thank you, Mr. President, Members of the Senate. I would like to adopt this amendment and explain the bill on 3rd Reading. It came out of the Executive Committee.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Now on the Order of 3rd Reading, Mr. Secretary, read the bill.
House Bill 3659. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cullerton, to explain.
Yes, thank you, Mr. President, Members of the Senate. Ladies and Gentlemen, for a number of years, Senator Althoff and I worked on what was called the streamlined sales tax bill. And we did that because we found that there was a growing tendency of folks to buy things on the Internet. When they buy things on the Internet from entities that are outside the State that have no connection to the State, there was no obligation for those vendors to collect the use tax, even though it was owed. And as 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 a result, we were losing a lot of money. This is a bill that’s designed to attempt to make the Internet retailers collect that use tax that’s already due from the sale. So, it’s not a tax increase. It’s just a way in which we can collect that use tax. Senator Radogno and I are the cosponsors of the bill. It’s supported by the Retail Merchants. Be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a couple questions?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield, Senator Pankau.
Mr. President, we had some discussion during Exec Committee on this and I voted Present in Exec, although I’m going to be voting for it today. The thing that bothered me in Exec was when the gentleman from the Department of Revenue came up and testified and said that basically they were going to try to implement this, but that they didn’t know if they would catch everybody or could do it for everybody. I was wondering if -- if you’ve had a chance to think about how we might make it more fair for everybody and try and get everybody in the net.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cullerton.
Yes, Senator, I thought you asked a very good question in committee if I -- and I thought I understood what it was. I was 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 hoping that the Department of Revenue would have answered it. And I think there was still a little confusion after they gave their answer. I think the issue is, when you purchase something from Abt Appliance and you’re in Glenview -- Glenview, you know where the purchase took place and Glenview gets to keep the sales tax. When you buy something on the Internet from -- from out of state, you don’t know where that purchase takes place, so you can’t attribute the local portion to the -- the -- a town or any location. So, I -- I believe that we -- when we have purchases from out of state, like the Gap.com, they collect the tax ‘cause they have a nexus here in Illinois and I think that that money goes into a fund. I think it goes into a fund, then it’s distributed like the Local Government Distributive Fund, equally across the State, as opposed to the location where the person who’s purchasing it happens to live. And so I think that’s what their answer was and I don’t know if that is exactly what your question is. If it’s -- if it’s -- if your question is, well, how are we going to actually collect the tax, that part I think I understood. They’re going to collect the tax from -- they know who this retailer is. They know it’s Amazon.com and Amazon.com is going to tell them this bill -- this is now a law in Illinois. You’re using an intermediary here in Illinois, the ones that are providing the service for them to allow for the purchase over the Internet and they’re going to be told “you have to collect this use tax”. So, that’s as -- that’s as good as I can do in terms of answering your question.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau. 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
Yes, Mr. President, the gentleman from the Department of Revenue did go through the whole process of how it will be collected and how it will be distributed and who will get the money. And it’s according to a formula. So it doesn’t really matter where you’re sitting in your house and actually purchasing it from. But when we asked them, “are you going to be able to collect from everybody who is buying on the Internet”, they basically said that they were going to try and capture as many as they could, but they couldn’t guarantee that they’re going to get to everybody. And so my thought is, Mr. President, that we need to follow up maybe in a year or two to see how they’re doing and who they’re capturing it from and then try and get those that they aren’t able to. Do you agree with that?
PRESIDING OFFICER: (SENATOR CLAYBORNE) President Cullerton.
Yes, I do. And I do remember that part of the conversation now. And I think that I will do this. I’d like to pass the bill obviously, and then I’d like to find out from talking to the Retail Merchants who are the main initiative behind this -- this is a little controversial, because, you know, other states have tried this. There might be some court challenges to this, even though they’ve been successful in other states. And I’m going to ask the Retail Merchants and the Department of Revenue if they could see if there’s a way in which they can give us an idea of how we can get full compliance with the law.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator Pankau.
To the bill, Mr. President. I urge an Aye vote on this. I don’t think it’s perfect. I don’t think it captures everything. I think there’s a lot of work we’re going to have to do on it yet in future years. But it’s a good start. So, let’s all vote Yes for this and start down this path - because we need this revenue. Our local businesses need to make sure that they are on the same plain as the Internet. And you know, we all love our Internets more and more every day. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, for what purpose you seek recognition?
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield, Senator Althoff.
Thank you very much, Mr. President. And, Senator Cullerton, I truly appreciate the recognition that you did give me, because you do understand that I am committed to the streamlined sales tax policy and procedure across this country. I believe, though, this specific legislation is referred to as an affiliate nexus legislation?
PRESIDING OFFICER: (SENATOR CLAYBORNE) President Cullerton.
Yes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator Althoff
And can you tell me how many other states were successful in passing legislation similar to this?
PRESIDING OFFICER: (SENATOR CLAYBORNE) President Cullerton.
I think it’s based on New York who was the first and I think at least four other states have passed it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
And of all of those states that have passed it, how many of those states, as you referenced earlier, are currently in litigation and have any of those states that are in litigation collected any monies from the affiliate nexus legislation?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- I mean, President Cullerton.
I -- I only know that New York, from personal experience, actually collected some money. I don’t know what the other -- the status is of the others. You might know, actually, better than me. So, rather than pose it in the form of a question, you might be able to state it, if you know. I don’t know the answer.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
To the bill: The states that have passed affiliate nexus, 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 once lawsuits are filed, have not been able to collect any revenues. The concern I have with this legislation is that as more and more states choose to try and file an affiliate nexus, the effort to do a streamlined sales tax national process will be eroded. I don’t think that this is the -- the direction we want to go in. I understand the frustration that many retailers have that the Internet undermines their ability to capture customers. We absolutely want to do something to make sure that our local Main Street vendors and retailers have access to their customers and clients are not harmed by legislation. But from the perspective of a national effort done by the National Conference of State Legislators {sic} (Legislatures), I think this is too early to pursue, and if it passes this Chamber, I really would like it to slow down and investigate what happens. And I think ultimately we’re on the same desire. We offer -- or, we want to have the same end result. I do not believe that this piece of legislation is that road. I think that what we need to do is reevaluate, work with our retailers, and make sure that we take the appropriate response, which is really a much better effort for streamlined sales tax, as opposed to this somewhat modified, revised and really onerous piece of legislation. So, while the intent is good, the way that we’re doing this really is not effective. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson, for what purpose do you seek recognition?
Thank you -- thank you, Mr. President. A couple questions of the President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 President indicates he will yield.
Thank you. Senator, I -- I -- I -- I -- Mr. President, I certainly support what we’re trying to do. I don’t think -- no one’s been more supportive of making companies pay their taxes - - their sales tax than I have. My concern is - and maybe you can help me understand this -- this legislation - if this passes, if I, as a consumer right now, if I go online and order something through -- in our community, for example, we’ve got a company called FatWallet. They employ about fifty/sixty people and people can go on there and -- and order from six hundred different companies. If I go on there now, if this passes, if I go on there and order something and get linked to Amazon, under this, Amazon would pay the tax. But if this legislation passes, I can just forgo that and just go directly to Amazon and I wouldn’t pay that tax. Is that correct?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Cullerton. Senator Cullerton.
No. I -- I don’t think that’s accurate. I think the way this works now, when you buy something online, if the vendor has a nexus in Illinois, they collect the tax from you and they rebate it to the State of Illinois. Okay? So, the -- the purchaser pays the tax. And -- however, if the vendor is outside of Illinois and has no nexus here, like Amazon, they don’t collect the tax. It’s still owed by the person that bought the book from Amazon. What this bill is designed to do is to help collect more sales tax, which is owed, by getting those out-of-state vendors that have no nexus here by -- by 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 saying the activity that they engage in in this State of hiring a company to help them on the website to collect the money, or to -- to effectuate the purchase, that that’s the nexus and, therefore, they are obligated to collect the use tax and remit it to the State. So, it’s just designed to level the playing field. Right now we have a situation, if you buy something from a vendor who happens to have a nexus in Illinois, they collect the money. If you buy it from a vendor that doesn’t have a nexus, they don’t collect it, even though the tax is still owed. So, it’s just kind of a clever way that the -- a number of states now have -- have tried to utilize in order to get the taxes which are owed actually collected. So, it -- I -- I think that’s the best way to explain it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
I don’t think that -- that’s quite the way it reads though in the legislation. Nexuses don’t collect the tax. They’ve never -- all they do is you link on their site and you go, then, to Amazon, or any other company, and you -- and those companies are the ones that collect the sales tax. If you go on a nexus now and go to Target.com that has a place in town, you still pay your tax to Target. These nexuses don’t collect money. They’re not involved with collecting money. There’s only a link. And so they do not collect money at all. So, in this case, we’re just going to eliminate these nexuses and people will just go directly to Amazon and they still will not pay the sales tax.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cullerton. 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
I -- I don’t think we have a disagreement. I -- I -- I understand what you’re saying. There’s a -- there’s a nexus that people go through in order to get to the Amazon company. And if I understand my -- this correctly, right now Amazon is not collecting the tax without this law. And we’re trying to get them to be in a position where they have to collect it. And I believe that this bill does that by providing the basis for -- to get around the previous Supreme Court rule that said that you couldn’t ask them to collect the money. So, I don’t -- I don’t know how else to answer the question.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Again, the intent I certainly agree with. The concern is, what’ll happen is, in the -- in the couple of states that have passed this, Rhode Island, North Carolina, New York -- now New York, it’s still in courts, but in the other states, all Amazon did was just cut their link to these nexus and the states don’t collect a dime. All it does is cost Illinois jobs and people just go directly to Amazon. That’s why this has to be, as Senator Althoff said, Congress has got to be responsible and act on this. The end result of this is we’re just going to have a few thousand people lose jobs in Illinois. People will just go directly to Amazon. So, this doesn’t allow us to collect any dollars directly from anyone that purchases directly from Amazon, I don’t think. Is that -- am I missing that? Or if anyone -- after this passes, if you go online to Amazon, would you pay a sales tax? 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) President Cullerton.
I think I finally got your point, that if they can bypass the -- the -- the entity in Illinois, then we don’t have the nexus, and therefore if they go directly to Amazon, they could - - we -- we could not compel Amazon to collect the money. Okay. Conceding that, it’s a start to try to collect some money. Now, the reason why I think there’s a lot of confusion here, perhaps, is that the Department of Revenues says they think we’re going to collect a half a billion dollars. Five hundred million dollars is what the Department of Revenue thinks we can generate. So, you know, it -- I have no idea what it’s going to do. I think it’s a step in the right direction though, because there is this disparity.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Thank you, Mr. President. Thank you for your indulgence. My concern is that in Rhode Island when this was passed, all Amazon did was just cut their ties to the nexus and no dollars were collected whatsoever. People just went directly to Amazon and it ended up costing a significant number of jobs. Amazon is not going to allow this to happen. So, what they’re going to do is take those companies, like are in Rockford, and they’re just going to shut them down and those people will most likely just move up, you know, into Wisconsin and continue their Internet work. But Amazon, unfortunately, is not going to lose on this. My fear is that we’re going to lose jobs. Amazon is still going 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 to get away with not paying taxes, which is unfortunate. They should be paying taxes. And that’s why I think, ultimately, the only way this gets done is if the federal government or -- well, the federal government or Congress is going to have to pass some legislation to do this. Because this -- if Amazon - and this will be my last question - if Amazon just cuts their ties with any of these nexuses in Illinois, in that case then, will Illinois collect any sales tax whatsoever, if this would occur, or do we just lose jobs and Amazon would continue to act as they currently are doing?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cullerton.
Yes, I -- I really don’t know, Senator, whether or not there still would be an argument that there’s a -- an - we’re using the word “nexus” I think in two different contexts - whether there’s still a nexus to the State of Illinois so that we could continue to compel Amazon. I think because of the size of our State - we’re much bigger than all of the other states that had joined the streamlined sales tax - maybe it would be the leverage that we need to try to reach some kind of an agreement either at the federal level, which I agree with you and we should -- need to pass this law at the federal level, or perhaps to negotiate some kind of an agreement with Amazon here in Illinois so we can continue to keep the jobs in Rockford that you talked about and still have the State get the benefit of collecting the dollars. The worst-case scenario, it seems to me, is that we would not -- we would continue to not collect money which is already owed and hopefully not lose any jobs just 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 because we passed this bill. I think, obviously, if we saw that happening, we’d come back in here and revise this. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Seeing no further discussion, Senator Cullerton, to close.
Yes, I appreciate the long debate, and just ask you to support Senator Radogno and myself and the Retail Merchants, and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 3659 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 49 voting Yea, 6 voting Nay, 3 voting Present. House Bill 3659, having received the required constitutional majority, is declared passed. Going -- staying on the regular Calendar. Page 5 is House Bill 5727. Senator Link. Senator Link seeks leave of the Body to return House Bill 5727 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5727. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Link, to explain.
Thank you, Mr. President. Will explain it all on 3rd Reading. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 There any discussion? All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. On the Order of 3rd Reading, Mr. Secretary, please read the bill.
House Bill 5727. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Trotter -- I mean, I’m sorry, Senator Link, to explain.
We look a little bit alike. I just want to say bless you, Mr. President. But, anyway, House Bill 5727 allows the chairman of the county board elected by voters countywide to develop and present to the board a county board appointment plan. The chairman -- a reapportionment plan. The chairman has until the third Wednesday in May to submit a plan to the board. If the chairman presents a plan, the board shall conduct at least one public hearing on the chairman’s plan and the board is prohibited from enacting an apportionment plan until after a hearing on the plan presented by the chairman. The chairman shall also be given access to federal decennial of -- census available to the board. The bill also includes identical 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 provisions for a county executive. It changes the deadline for a county board to enact a reapportionment map from July 1 to either July 1 or the day after the board’s regularly scheduled July meeting. The bill also makes various changes to the hiring and appointment powers of the county executive. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield.
Thank you. Senator Link, I -- I apologize. I know this was heard in the Senate Executive Committee. I was out of the room actually when the discussion was going on, so I’m going to take this opportunity now to -- to make some inquiries about the bill. What is in this bill that is required by State law that the counties can’t do on their own? Is there anything in this bill that the counties can’t do on their own?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Link.
All it -- all it’s saying is if the chairman submits a plan that the county board has to hear it. That’s the only thing that’s different.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 And why do you think it’s appropriate, Senator Link, for those of us here in Springfield who are grappling with serious issues that really only Springfield can grapple with -- is it necessary for us to go in and tell county boards in your district and mine that if the county chairman puts a redistricting plan forward, you have to have a hearing on it? Why -- why -- why are we doing that? Can’t we leave that up to the fine folks who run and serve on the county boards?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Link.
First of all, Senator, it doesn’t affect your district or mine. It affects only eight counties in the State of Illinois. These are county board chairmen and executives that are elected at large. It’s only eight counties in the State of Illinois that it affects. And one of our former colleagues who is now the Chairman of DuPage County, it would affect him. One of our other former colleagues who’s the Executive of Will County, it would affect him. Those are the particular counties that it would affect. It’s only those eight counties.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
Can I ask, Senator Link, who brought this to you? I’m curious about who wants to make sure their county board has a hearing on their redistricting plan.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Link.
88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 It was basically an internal idea that was brought forth to us. It was not brought forth by any particular one of the chairs.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
Have -- have you gotten any input from the county executives or the county board chairmen in those eight counties or any of the county board members about whether or not this internal idea that’s come to fruition here in the Senate -- they think is a good idea?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Link.
Yes. And Metro Counties that’s -- represents almost all of these eight counties are in support of this piece of legislation.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- any further discussion? Senator Link, to close.
I would just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 5727 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 41 voting Yea, 13 voting Nay, 1 voting Present. House Bill 5727, having received the required constitutional majority, is declared passed. We’re going to return to -- to the Senate Supplemental Calendar No. 1. And we 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 will proceed with Senate Bill 3388 on a motion to concur. Senator Trotter. Mr. Secretary, read the motion.
I move to concur with the House in the adoption of their Amendments 1, 2 and 3 to Senate Bill 3388. Signed by Senator Trotter.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Trotter, to explain.
Thank -- thank you very much, Mr. President and Members of the Senate. Senate Bill 3388 is the Leucadia Clean -- Chicago Clean Energy bill. It will be a facility which will generate clean coal energy and that will use a gasification process using a mix of Illinois coal and petroleum coke to produce synthetic natural gas to be sold to Illinois gas utilities. The facility will be built on a brownfield site in the south side of Chicago on the Calumet River. Peoples Gas, Nicor, and Ameren will be required to enter into contracts with the Chicago Clean Energy facility for thirty years for the purchase of SNG or they can file biennial rate proceedings before the ICC. Other gas utilities may enter into contracts up to -- to thirty years. There are other requirements that -- requires the facility to use -- coal of at least fifty percent of the total feedstock over the term of a sourcing agreement for the production of SNG, with petroleum coke compromising {sic} the remaining feedstock. The coal must be a certain type that is mainly found in Illinois. It requires that a facility establish a consumer protection reserve account with a cash principal of a hundred and fifty million dollars to protect against potential higher 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 prices of SNG and requires the facility to guarantee a minimum of one hundred million dollars in savings to consumers over the term of the sourcing agreement. It further requires that the SNG price be solely based on: the capital recovery charge, operations/maintenance cost, the sequestration costs, approval by the ICC; it also has the actual fuel cost as determined by a competitive procurement process conducted by the IPA; and the actual cost of SNG transportation; and certain other taxes and fees. It provides that the capital costs and the operations and maintenance that can be recovered be locked in upon approval of the ICC after assistance by the Capital Development Board to determine an appropriate amount of cost to be passed through. The facility will not be able to pass through cost overruns for these costs, and that’s excluding labor. Increases in the sequestration costs will be subject to a prudence review by the ICC. There are other differences, ‘cause many have compared this bill to the Tenaska bill. This bill is different. Yes, it does use a gasification process. Yes, it does use Illinois coal, but we’re generating gas and not generating electricity. Many -- more guarantees have been put in this -- in this bill. And I’m available for questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Terry Martin with Illinois Channel seeks leave to videotape. Seeing no objection, leave is granted. Senator Risinger.
Thank you, Mr. President. To the bill: I appreciate the sponsor bringing this bill forward. Again, this uses the natural resource here in Illinois. It does bring jobs to the 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 State. It uses a brownfield site, which is a good -- good use of the site location. And it provides a natural resource. We - - you know, we do not produce one bit of natural gas in the State of Illinois. This coal gasification process will produce the gas that’s necessary. And I think it’s a good project and I hope we can pass this out of here. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, Senator Trotter, to close.
Thank you very much, Mr. President. This bill does generate jobs for the State of Illinois. Eleven hundred to twelve hundred jobs during the construction phase. It would have from two hundred to three hundred permanent jobs. We’re utilizing Illinois coal, utilizing a resource that we have plenty of. We’re estimating that 1.5 million tons of coal will be used annually in this project. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall the Senate concur in House Amendments 1 and 2 -- 1, 2 and 3 to Senate Bill 3388. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 36 voting Yea -- Yea, 13 voting Nay, 4 voting Present. Senate Bill 3388, having received the required constitutional majority -- I mean -- is declared passed. On the Order of second {sic} Calendar, we go to page 2, House Bills 3rd Reading. House Bill 1410. Senator Harmon. Mr. Secretary, read the bill.
92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 House Bill 1410. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1410 amends the State Officials and Employees Ethics Act. I think it -- it clarifies and makes explicit something that is already implicit and would empower the -- the appropriate ethics commissions to define by rule the value of gifts. I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall the Senate pass House Bill 1410. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 55 voting Yea, none voting Nay, none voting Present. House Bill 1410, having received the required constitutional majority, is declared passed. On the regular Calendar, we’re going to go to House Bill 3rds -- 3rd Reading on page 5. House Bill 6460. Senator Martinez seeks leave of the Body to return House Bill 6460 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 6460. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator Martinez.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Martinez, to explain.
Thank you. Floor Amendment No. 2 retains House Bill 6460 with Committee Amendment No. 1. Limits the expansion of forfeiture provision to cover only organized retail theft, eliminating the expansion of forfeiture to cover all violations of the Illinois Financial Crime Law. And I’ll be happy to go into this bill a little further on 3rd Reading.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Oh -- is there any discussion? All those -- all -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Now on the Order of 3rd Reading is House Bill 6460. Mr. Secretary, read the bill.
House Bill -- Senate -- excuse me. House Bill 6460. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Martinez, to explain.
Thank you, Mr. President and Members of the Senate. This bill -- I want to talk a little bit about the organized retail 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 theft that is occurring in the State of Illinois, but more in the country. Retailers collectively lose about thirty billion dollars a year battling organized retail crime enterprises. These damages drive up the prices for goods for everyone. And I -- I got to tell you, there is a lot of illegal activity because of this - let it be through the -- the fraudulent Link cards that’s being utilized to buy merchandise to be resold in our communities. It is definitely a -- a -- an illegal activity that is -- you know, that’s, you know, causing things like, you know, smuggling, selling, operations, prostitution, money laundering, gang activity, and in extreme cases, it’s actually - - actually funds terrorism. So, this bill will help the office of -- the State’s attorneys office and the retailers really put much more of some real strong language into some of the laws that exist now to actually be able to go after these individuals and basically really put ‘em behind bars for a long time and -- and actually stop the illegal activities that are going on, especially in the poor neighborhoods. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 6460 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 6460, having received the required constitutional majority, is declared passed. Going to the order -- going to the order of the regular Calendar, House Bills 3rd Reading. On the middle of -- middle of page 3 is House Bill 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 1716. Mr. Secretary, read the bill.
House Bill 1716. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans, to explain.
Thank you, Mr. President, Members of the Senate. This is just a trailer bill to the nursing home reform bill we did last Session. It does very simple cleanup language. It’s all agreed on. There’s no one opposed to it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1716 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1716, having received the required constitutional majority, is declared passed. Staying on page 3 is House Bill 1721. Senator Haine. Mr. Secretary, read the bill.
House Bill 1721. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain.
96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Senator Haine, to explain on the plain, with Senator Steans. I beg your pardon, Mr. President. Ladies and Gentlemen of the Senate, this is a -- a recommendation of the Southern Illinois Health Foundation and they’re asking us to make changes in the Hospital Licensing Act because the Southern Illinois Health Foundation, working with Touchette Regional Hospital, wishes to merge their behavioral health psychiatric services onto an existing licensed facility, St. Elizabeth’s, in Belleville. This will save them a considerable amount of money over the years. It will stabilize the provision of health services in East St. Louis, especially psychiatric services, and allow these hospitals, in their struggle to remain viable, to serve the people of that area. And -- and it goes without saying, this is in Senator -- our -- distinguished Majority Leader’s district. And because of his many talents, he has a little conflict on the matter with one of the hospitals and so, therefore, I would ask for an Aye vote. This is a great bill for East St. Louis, a great bill for Illinois. It’s a great bill for America.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1721 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, none voting Nay, 2 voting Present. House Bill 1721, having received the required constitutional majority, is declared passed. We will stand at ease for a moment. (At ease) Mr. Secretary, Messages from the House. 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011
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 bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 1454. We have received like Messages on House Bill 1515. Passed the House, January 5th, 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 concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2525. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 1 to Senate Bill 2525. We’ve received like Messages on Senate Bill 3383, with House Amendments 1 and 2; Senate -- and Senate Bill 3965, with House Amendments 1 and 2. All passed the House, as amended, January 5th, 2011. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The members of the Committee on Assignments will come to the President’s Anteroom immediately. The Senate will stand at ease. This -- this -- 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 other than Committee on Assignments, this concludes the business for tonight. We will come in -- return at 9 a.m. tomorrow morning. 9 a.m. 9 a.m. Committee on Assignments will meet. The Senate will stand at ease. (At ease) We’ll announce committees after Committee on Assignments meet. Senator Schoenberg in the Chair. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senate will come to order. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Committee -- excuse me, to the Executive Committee - a Motion to Concur with House Amendments 1 and 2 to Senate Bill 3383; refer to the Higher Education Committee - Floor Amendment No. 2 to House Bill 2386; refer to the Insurance Committee - Floor Amendment 2 to House Bill 5018 and a Motion to Concur with House Amendment No. 1 to Senate Bill 2525; refer to the Revenue Committee - a Motion to Concur with House Amendments 1 and 2 to Senate Bill 2530; refer to the State Government and Veterans Affairs Committee - Floor Amendment No. 2 to House Bill 3833; refer to the Transportation Committee - a Motion to Concur with House Amendments No. 1 and 2 to Senate Bill 3965. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 141st Legislative Day 1/5/2011 Chair wishes to make several announcements for committee hearings tomorrow. As you’re all aware, we are coming in at 9 a.m. At 9:30 a.m., the Higher Education Committee will meet in Room 409. At 9:50 a.m., the Transportation Committee will meet in Room 400. At 10:10 a.m., the Executive Committee will meet in 212 and the Revenue Committee will meet in Room 400. And then, finally, at 10:30 a.m., the Insurance Committee will meet in Room 400 and the State Government and Veterans Affairs Committee will meet in Room 409. There being no further business to come before the Senate, the Senate now stands adjourned until the hour of 9 a.m. on January 6, 2011. The Senate stands adjourned. 100