PRESIDING OFFICER: (SENATOR SULLIVAN) …(microphone disengaged)…Abundant Faith Christian Center, Springfield, Illinois.
(Prayer by Pastor Jerry Doss)
PRESIDING OFFICER: (SENATOR SULLIVAN) Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Tuesday, March 29th, 2011.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney.
…President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Committee Reports.
Senator Sandoval, Chairperson of the Committee on Transportation, reports Senate Bill 1326 Do Pass; Senate Bills 953, 1898 Do Pass, as Amended; Senate Amendment 2 to Senate Bill 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 91, Senate Amendment 3 to Senate Bill 952, Senate Amendment 3 to Senate Bill 1644, Senate Amendment 1 to Senate Bill 1681, Senate Amendment 2 to Senate Bill 2064 and Senate Amendment 1 to Senate Bill 2162 recommended Do Adopt. Senator Steans, Chairperson of the Committee on Appropriations I, reports Senate Bills 2348, 2357, 2365, 2370, 2373 and 2378 Do Pass.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Resolutions.
Senate Resolution 143, offered by Senators Koehler, Holmes and all Members. Senate Resolution 144, offered by Senator Frerichs and all Members. Senate Resolution 145, offered by Senator Link and all Members. Senate Resolution 146, offered by Senator Link and all Members. They are death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar.
Senate Resolution 142, offered by Senator Millner. It is substantive.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 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 79. We have received like Messages on House Bills 180, 1095, 1156, 1315, 1338, 1487, 1512, 1531, 1604, 1659, 1852, 1872, 1965, 2009, 3010, 3035, 3139, 3171, 3178, 3275, 3289, 3331, 3358, 3417 and 3462. They all passed the House, March 29th, 2011. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, House Bills 1st Reading.
House Bill 79, offered by Senator Syverson. (Secretary reads title of bill) House Bill 180, offered by Senator Wilhelmi. (Secretary reads title of bill) House Bill 1156, offered by Senator Bivins. (Secretary reads title of bill) House Bill 1338, offered by Senator Delgado. (Secretary reads title of bill) House Bill 1512, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 1604, offered by Senator Hunter. (Secretary reads title of bill) House Bill 1965, offered by Senator Sandoval. (Secretary reads title of bill) House Bill 2009, offered by Senator Harmon. (Secretary reads title of bill) House Bill 3171, offered by Senator Maloney. 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 (Secretary reads title of bill) House Bill 3462, offered by Senator Steans. (Secretary reads title of bill) 1st Reading of these House bills.
PRESIDING OFFICER: (SENATOR SULLIVAN) 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 come to the President’s Anteroom immediately? The Senate will stand at ease. (at ease) Madam Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Revenue Committee - Floor Amendment 2 to Senate Bill 398. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Announcement. Ladies and Gentlemen, Senators, if you would -- if I could have your attention again here for just a minute, the Chair would like to remind all Members that we will be -- that we will be taking the Senate photo today at 11 a.m. I’d ask that all Members be in -- on the Senate Floor by 11 o’clock. Ladies and Gentlemen, also another committee announcement. The Revenue Committee will meet in Room 400 at 12 p.m. today. Revenue Committee, Room 400 at 12 p.m. today, in addition to the regular-scheduled committees. The Senate will stand in recess to the call of the Chair. After committee meetings, the Senate will reconvene to receive committee reports and for further Floor action. The Senate stands in recess. 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SULLIVAN) The Senate will come to order. Madam Secretary, Committee Reports.
Senator Garrett, Chairperson of the Committee on Commerce, reports Senate Bill 2123 Do Pass, as Amended; and Senate Amendment 1 to Senate Bill 2082 and Senate Amendment 2 to Senate Joint Resolution 3 recommended Do Adopt. Senator Forby, Chairperson of the Committee on Labor, reports Senate Amendment 1 to Senate Bill 1149 recommended Do Adopt. Senator Hutchinson, Chairperson of the Committee on Revenue, reports Senate Amendment 2 to Senate Bill 398 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR SULLIVAN) The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Will members of the Committee on Assignments come to the President’s Anteroom immediately? The Senate will stand at ease for a few minutes while the Committee meets. (at ease) Senate will come to order. Madam Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Agriculture and Conservation Committee - Floor Amendment 4 to Senate Bill 664 and Floor 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Amendment 2 to Senate Bill 1637; refer to the Commerce Committee - Floor Amendment 2 to Senate Bill 1394; refer to the Criminal Law Committee - Floor Amendment 1 to Senate Bill 1808, Floor Amendment 1 to Senate Bill 1906, Floor Amendment 1 to Senate Bill 1914; refer to the Environment Committee - Floor Amendment 3 to Senate Bill 1543; refer to the Executive Committee - Floor Amendment 3 to Senate Bill 1821; refer to the Human Services Committee - Floor Amendment 1 to Senate Bill 1527; refer to the Licensed Activities Committee - Floor Amendment 3 to Senate Bill 1539; refer to the Local Government Committee - Floor Amendment 1 to Senate Bill 1686; refer to the Public Health Committee - Committee Amendment 1 to Senate Bill 2275; refer to the Transportation Committee - Floor Amendment 2 to Senate Bill 953, Floor Amendment 1 to Senate Bill 956 and Floor Amendment 2 to Senate Bill 2103. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bomke, for what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) State your point.
Sitting behind the -- the Senate gallery are a number of students. You know, Springfield has become renownedly known for producing State champions, but none unlike {sic} the Christ the King School here in Springfield, who has produced four State champions in the last two years. With us today, we have the eighth grade girls Class 2A IESA State Basketball Champions, who 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 ended the season with a record of twenty-two and two. These girls were also the seventh grade ISEA {sic} State Champions. Also, the eighth grade boys Class 2A IESA Basketball Champions, who ended this season with a record of twenty-six and two. Also, eighth grade boys Class 2A IESA State Baseball Champions, who ended the season with a record of twenty-five and zero. And, finally, the eighth grade girls Class 2A IESA State Volleyball Champions, who ended the season with a record of twenty-seven and zero. All from Christ the King School here in Springfield.
PRESIDING OFFICER: (SENATOR SULLIVAN) Would our guests please rise? Would our guests please rise and be recognized? Congratulations to all of you. Senator Pankau, for what purpose do you rise?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
I have two Pages here with me today. They are twins, Frank and Zula Pendowski. They’re from Roselle, Illinois. They’re both twelve years old. Frank is here working on his Boy Scout merit required badges. He’s got three of them that he’s working on today, in communications, citizenship in nation, and citizenship in community. And Zula is working on her Silver Award for Girl Scouts. And their parents, Chip and Joanne, are up in the gallery behind you, Mr. President. So put your hands together and let’s give ‘em a warm welcome to Springfield.
PRESIDING OFFICER: (SENATOR SULLIVAN) 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Would our guests please rise and be recognized? Senator Schoenberg, for what purpose do you rise?
Thank you, Mr. President. I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Mr. President, Ladies and Gentlemen of the Senate, as I warned you yesterday, today is Evanston Day. We’ll hear more about that when sixty some-odd members of the delegation arrive here at the Capitol. But as the warm-up act, I’m pleased to introduced {sic} my Pages for the -- for today, Alec and Tess Dinerstein. Alec is in eighth grade at the King Lab School. His interests include speed skating, running, cycling, and being a super at the Lyric Opera. He eventually wants to study science and engineering. His sister, Tess, who’s alongside me as well, she’s a fourth grader at King Lab School in Evanston. Her interests and accomplishments are also impressive. They include dance, participating in the Evanston Children’s Choir, and you may have seen her in the initial episode on -- on this Season’s TV drama The Chicago Code. She’s possibly slated to perform again in that series. And in the interest of full disclosure, her being my Page and being on the Senate Floor does not constitute any lobbying whatsoever for the film tax credit. But, nonetheless, they’re two very special Evanston residents who are with me today. Their mother, Allyn, is behind me in the Senate gallery. And please give them all a warm Senate greeting. Thank you. 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Would our guests rise? And please welcome -- welcome to the Illinois Senate. Senator Murphy, for what purpose do you rise?
For an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your announcement.
The Senate Republicans would request a one-hour caucus at this time.
PRESIDING OFFICER: (SENATOR SULLIVAN) The Republicans have moved to recess for the purpose of a one-hour caucus. Seeing no objection, the recess is granted. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SULLIVAN) Senate will come to order. Will all Senators in the sound of my voice please come to the Floor? Will LAs please ask your Senators to come to the Floor? We will be going to 2nd Readings. It is our intent to do 2nd Readings first and then we will be going to 3rd Readings as well. So please come to the Floor. Ladies and Gentlemen, could I have your attention? Been a change in the order here. We’re actually going to be going to 3rd Readings. We’ll be going directly to 3rd Readings. We need all Senators to come to the Floor. We’re going to 3rd Reading. Beginning on the -- page 20 of the Calendar. Senate Bills 3rd Reading. Senate Bill 8. Senator Cullerton. Senate Bill 8. 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Out of the record. Senate Bill 16. Senator Jacqui Collins. Senate Bill 16. Out of the record. Senate Bill 18. Senator Cullerton. Senate President Cullerton. Out of the record. Senate Bill 19. Senator Mulroe. Senator John Mulroe. Out of the record. Senate Bill 21. Senator Cullerton. Senate Bill 21. Out of the record. Senate Bill 22. Senator Cullerton. Out of the record. Senate Bill 23. Senator Cullerton. Out of the record. Senate Bill 24. Senator Steans. Out of the record. Senate Bill 35. Senator Lauzen. Senator Lauzen. Senate Bill 35. Out of the record. Senate Bill 40. Senator Garrett. Senate Bill 40. Out of the record. Senate Bill 41. Senator Garrett. Out of the record. Now, continuing on the top of page 21 of the Calendar is Senate Bill 42. Senator Garrett. Senator Garrett. Senate Bill 42. Out of the record. Senate Bill 43. Senator Garrett. Out of the record. Senate Bill 50. Senator Silverstein. Madam Clerk {sic}, please read the -- read the bill.
Senate Bill 50. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) All Members within the sound of my voice please come to the Floor. We are doing 3rd Readings. Senator Silverstein, on Senate Bill 50, to explain your bill.
Thank you, Mr. President. This is the same bill we passed out of here yesterday {sic}. Provides that no beer or other alcohol liquor with caffeine -- shall contain caffeine or any 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 similar substance, similar to these alcohol energy drinks. This is a bill we passed out last year. Unfortunately, it did not get out of the House. So I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein, for what purpose do you rise?
Reluctantly, take this out of the record for a moment.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, out of the record. The Senate will stand at ease for a few minutes for the purpose of doing some paperwork. (at ease) Senate will come to order. With leave of the Body, we -- we will return to Senate Bill 50. Senator Silverstein.
Okay. Second time. Again, this is a bill we passed out of here in November. It had to do that no beer shall contain any type of alcohol -- alcohol, any…
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein. Senator Silverstein. Excuse me, just one second. Madam Secretary, read the bill.
Senate Bill 50. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein, to present your bill.
Okay. For the third time, may be the charm. This is the same bill we passed out of here in November that had to do with 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 energy -- alcohol energy drinks that are being barred in certain states; combining alcohol with caffeine and other substances. I’d ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Any discussion on Senate Bill 50? Seeing none, Senator Silverstein, to close.
Just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 50 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? Madam Secretary, take the record. On that question, there are 54 Yeas, 1 Nay, 0 Present -- 0 voting Present. Having received the required constitutional majority, it is declared passed. Senator Steans, for what purpose do you rise?
A point of -- of personal privilege, Mr. President, and it’s nice to see you there on the Rostrum.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you very much. Please state your point.
Thank you very much. You know, I have some special guests here today I’d like to introduce. Some of you may have known my husband, Leo Smith, when he worked here in Springfield years ago. He became a high school history teacher at a charter school, public school in Chicago on the southside. He is here today for the Charter Public School Lobby Day. Leo Smith, with some of the kids from his school, the high -- highest scholars 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 in his school -- kids in his school: Chaprie Brown, Cyrenthia Clark, Dion Hunter, Vaughn Swift, Dymond Taylor and Danielle Thames. So I’d just like to ask for a warm Senate welcome for the group. Thanks.
PRESIDING OFFICER: (SENATOR SULLIVAN) Would -- would our guests please rise? And welcome to the Illinois State Senate. Continuing on the Calendar, page 21, is Senate Bill 53. Senate Bill 53. Senator Silverstein, do you wish to -- out of the record, Madam Secretary. Senate Bill 62. Senator Silverstein. Please read the bill.
Senate Bill 62. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein, to present your bill.
Thank you, Mr. President. This removes a provision that limited courts, judges, and clerks and county deputy clerk…(inaudible)…Secretary -- and notaries, and -- and -- and - - people certified under the Illinois Certified Shorthand Reporters Act take their depositions and their -- and -- take their affidavits and depositions only in their respective districts and counties and jurisdictions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Righter.
Thank -- thank you, Mr. President. I wonder if we could make some effort to reduce the noise level a little bit in the 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Chamber and ask, with all due respect to Senator Silverstein, if he could repeat again exactly what the bill does. I -- I’m not sure everyone heard him or certainly everyone’s listening. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, if we could have a little quiet -- silence in the -- in the Senate here. And, Senator Silverstein, if you would, please repeat what your bill does.
This amends the Oath and Affirmative {sic} (Affirmations) Act. Removes a provision that limits courts, judges, and clerks, and notaries to be certified in the county that they are in for deposition purposes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 62 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? Madam Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, it is declared passed. Continuing on the Calendar is Senate Bill 68. Senator Silverstein. Madam Secretary, please read the bill.
Senate Bill 68. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Senator Silverstein, to present your bill.
Thank you, Mr. President. This does three things. It adds domestic workers to the definitions of “employee” under the Illinois Human Rights Act. It amends the Minimum Wage back to allow a domestic worker to receive time and a half for any time worked over forty hours. And, finally, the bill amends the One Day Rest in Seven -- Seven Act -- Seven Act to allow a domestic worker to have twenty-four consecutive hours of rest in a calendar week.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 68 pass. All those in favor will vote Aye. Those… Excuse me, there are some questions. Senator Cultra, for what purpose do you rise?
For a question, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Sponsor indicates he will yield. Senator Cultra.
Could you please explain the genesis of your bill again, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
Senator, this is a bill that -- is similar to what was passed in New York dealing with domestic workers and their bill of rights.
PRESIDING OFFICER: (SENATOR SULLIVAN) 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Senator Cultra.
Yes. Would you explain it a little bit more, please, and in a more -- in a little more detail?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
Again, it has to do with domestic workers - the definition, what it is under the Illinois Human Rights Act. It has to do with -- it amends the -- Minimum Wage Act to allow a domestic worker to receive time and a half for any work received over forty hours. And it also, again, amends the One Day Rest in Seven -- One Day Rest in Seven Act to allow a domestic worker to have twenty-four hour of rest in a -- every calendar week. And just for the record, a -- the bill defines a “domestic worker” as a person employed in a home or residence for the purpose of caring a -- of {sic} a child or companion. Does not cover a family member.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra.
You didn’t mention paid holidays. Is that still in this bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
That is correct, sir.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra. 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011
Could you be more specific? How -- how many forced paid holidays are there in this bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
Three -- three days after working one year, sir.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra.
Is -- is that -- this is on private employers, people that have never been classified as employers before. This would be - - just be a -- a -- a mom-and-pop operation. They have a sick child or -- or an invalid parent that they’re taking care of, would -- would this bill cover those people?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
It doesn’t cover a family member or any casual basis, sir.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- or, Senator Cultra.
It -- it just doesn’t cover a family member, but if -- if you hire someone outside the family to watch a sick child or an invalid parent, you would now be considered an employer, have to pay overtime, have to keep records, file quarterly reports, and be forced to pay sick leave. Be -- and -- is that correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein. 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011
That’s correct, but I don’t know about the sick leave. I don’t know where you’re reading that.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra.
Not sick leave, I’m sorry; it’s vacation - be -- be forced to pay vacation, rather than sick leave. I stand corrected on that. So, basically, what we’re doing here is we’re having a whole new class of employer, someone that is not sophisticated enough to be an employer. They don’t have the bookkeeping skills to implement this. It seems like this would be a huge imposition on families trying to take care of aged parents, sick children. It -- I mean, I -- I understand where you’re coming from, but it just seems like to me that you’re going to make it really hard on a whole new class of people that aren’t sophisticated enough to supply these kind of benefits. And I think you’re starting -- you know, when -- when we look at paid sick or paid vacation, you know, nobody else has to do this. I -- I think you’re starting something completely new here and I would like everyone in the Body to -- to realize we’re -- we’re clearing new ground, plowing a new field here.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Luechtefeld.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Luechtefeld.
18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Senator, sometime ago I had a constituent who asked me the question of how much time do I have to give my employees off. And I checked with the Department of Employment Security and they said that there already is something on the books that every seventh day, you -- is -- how is this change -- how does this change anything? Because I think there -- I think there’s something on the books already with regard to employees.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
It does change it because it allows domestic workers to have that time off.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
So the only difference then, it -- it -- we already have a law like that and you are -- you are adding domestic workers into that -- into that area. Is that -- is that the difference?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
Yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Tom Johnson, for what purpose do you rise?
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Johnson. 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011
Senator, in committee I asked you a question and I believe you answered that as the bill stood at the time, it would be an affirmative thing - but one of the things this covers is if I hire a babysitter. Because it’s somebody who cares for my child, they would come under your definition of a domestic. You want to clarify that?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
Certainly, if you look at page 6, line 5, does not include - and please look at the bill - does not include working on a casual basis, Senator.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.
But if I had a babysitter that came in one day a week on a regular basis or three nights a week when I have to be at meetings on a regular basis, that would be qualified, would it not?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
Senator, to appease you, for legislative intent, this does not cover babysitting.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.
What would you maintain is the difference between childcare 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 and babysitting?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
Sir, that will be up to the person who is in control of the individual. But babysitting -- childcare is probably six, seven hours a day, five, seven days a week. Babysitting is an hour or two, like my -- my daughter does. So I think there’s a difference. The bill is extremely explicit what it does cover, sir.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson, do you have another question? Senator Johnson.
Yes. One other question. I represent the City of West Chicago, predominantly new immigrants. Latino. They place ads constantly in our grocery stores and all over our town, saying they would like to come in, babysit, clean the house, whatever. And they’re advertising that. And I as a homeowner in town, I need somebody to come in and clean my house one day a week. I offer ‘em this job. What you’re saying is, at that point, I have to get all the information I need to do my filings on that person and then make sure I pay ‘em the right wage, give them their time off, accrue vacation time, keep tabs of all of that in order for me to hire that domestic that might come in and sweep the house one day a week in my community. Is that correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein. 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011
I disagree with your analogy. But if you look at the bill, it’s not on a casual basis. So I think you’re -- we’re playing with words, but we have to look at the intent of the bill. And I told you it doesn’t cover -- babysitting, so…
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson, do you have other questions?
To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
I respect what this Senate -- what the Senator is attempting to do and I also highly respect the fact that as people come in, take these kinds of positions in our homes, that they should never be taken advantage of. But I will submit that were this to become law -- I know in my own community our first generation immigrants who are coming in here to get a start, to build an American dream, they begin by taking precisely this type of a position to begin with to start moving up. In the end, this is going to kill a lot of people’s opportunity to get into the flow of things here in the United States and as how -- how we do things. The other thing is, I believe that it is not answered in terms of if I hire that childcare worker, my babysitter, two nights a week or on any kind of a regular basis, that we are not subjecting all of us and our public and our voters who like to hire people occasionally to being scrutinized by the bureaucracies of this State. And I would submit to you that this is a very bad idea and would request that you all vote 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 No. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator John Millner.
Thank you, Mr. President. I -- I would just ask the Body here to look at this very…
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator.
To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you.
…to look at this very, very closely, because the way I’m reading it, Senator, it looks as though if you have an au pair on a regular basis, certainly now that person’s going to have to be paid a certain rate, minimum wage, overtime, and they might live with you seven days a week. They might be coming from another part of the world or some other part of -- some other location to learn about our community. They want to stay with us. They want to work with us. Now we’re going to have to pay them time and a half. We’re going to have to pay them minimum wage. And many people won’t do it. And here’s the deal, folks, when we vote for this and you go home back to your district and someone is now going to be -- one of your constituents is going to be sued for violating the Human Rights Act and they’re going to say, who put this piece of legislation together? Who did this? Really look at this very, very carefully, because you can’t hire an au pair or these people, as Tom Johnson indicated, 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 that are advertising they want to clean your house on a regular routine basis. They’re acting as a contractor. They’re coming in, charge you fifty bucks to clean your house. Well, if they’re there long enough and too long, they’re going to violate this -- this Act; now I’m going to be sued for violation of their human rights. My -- I urge this Body to look at this very carefully and I also ask you all to please vote No.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Pankau. Further discussion? Any other Members seek recognition? Senator Silverstein, to close.
Thank you, Mr. President. You know, I -- I appreciate the debate and I think there’s an ideological difference between both sides of the aisle, as Senator Johnson points out. This bill is going to be protecting people, not hurting people - people that work and deserve certain rights. This bill is to protect individuals, immigrants, people who deserve working wages, and that’s what this bill is all about. If you read the bill, it doesn’t cover babysitting. It’s just a -- a misnomer that is being read on the other side. So I’d ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 68 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? Madam Secretary, take the record. On that motion, there are 19 Yeas, 35 Nays, 1 voting Present. Having failed to receive the required constitutional majority, it is declared 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 failed. Senator… Senator Hutchinson, for what purpose do you rise?
Thank you, Mr. President. Personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) State your point.
And I -- and I do want to mention how nice it is to see a fellow Downstate Caucus member in that Chair. You look wonderful up there. Okay.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you.
I wanted to take a moment to introduce some very important people in my life. Number one, I couldn’t do this without the support of an incredible person at home. My husband’s here with me today, Paul Hutchinson, and our children are here as well: Ryan Hutchinson, who is in fifth grade at Western Avenue; Camryn Hutchinson, who’s in seventh grade at Parker Junior High; and my son Paul Jr., who has been staffing everybody all day today, is fourteen years old, freshman at Homewood-Flossmoor Academy. This is my family and they came to see us today. And I wanted to say please give them a nice warm Senate welcome. And I have one more after that, but welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Senator Hutchinson.
One more thing is that I know those of us in here that are working mothers know that we can’t do this without a whole set 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 of -- circle of people who help us do this. And our best friends came down with them. And I also have with me Kyla Reed, who is also in seventh grade at Parker; Nicolas Evans, who’s in sixth grade at Parker; and Mr. Daniel -- Daniel, whose eight years old, came down with us and he goes to Flossmoor Hills Elementary School. Their mothers, Carla Evans and Tracy Reed, are up there in the gallery and I swear they’re my kids’ other mother when I’m not home, and I just wanted to say in front of all you all, they’re part of my support system. So, give them a warm welcome to the Senate too.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Senator Harmon, for what purpose do you rise?
Thank -- thank you, Mr. President. I, too, have some important constituents to introduce.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your introductions.
Thank you. I am -- I am joined today by some special visitors from my district. My crack staff from the 800 block of Elmwood. My lovely wife, Teri, is here. She came down to bring our kids, Don and Frances and Maggie. Don’s a fifth grader, Frances is in second and Maggie’s in first at St. Giles. They don’t know that Springfield is not the standard spring break destination for all families, so I’d ask that nobody tell them that. They came down to run around the Capitol and enjoy themselves and I’m delighted to have them here to see a little bit about what we do on a daily basis. So please tolerate them. 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 And look forward to visiting with you all soon. Thank you very much, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) We are delighted to have you here. Welcome to the Illinois State Senate. Senator Maloney, for what purpose do you rise?
For a very important -- very, very important announcement, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your announcement.
To -- to all the Members: By this time of year, you’ve probably heard five or ten rants and raves from Senator Hendon about our softball game - how we’re going to kill the House, annihilate the House, embarrass the House, all these kinds of things. I suggest, given last year’s performance, we set a little less loftier goal and let’s not get our butts kicked and embarrass ourselves like we did last year. So, we will be having the game April 13th. Hopefully the weather will lighten up a little bit. We’ll be able to get out and practice. While we’ve lost Senator Hendon, we do, I think, have the potential in some rookie star power with Senator Sandack, Senator McCann, Senator Mulroe. We have some new quality replacements. My assistant coach, Senator Kotowski, will be at my aid. We’re also going to try to implement some performance metrics to make sure everybody’s in shape. Senator Kotowski, while he has demonstrated speed, we would like to see him circle the bases in twenty seconds. We would like Senator Dillard to circle the bases in twenty minutes. And -- although, when you hit with 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Kirk’s power, you don’t have to worry about it. But we will be having -- we want everyone to increase their knowledge of the game, so if they’re pressed into service, they know what’s happening. Senator Link did not plan on playing last year. He performed admirably. And in case Senator Garrett has to pinch- hit, we’d like her to know which end of the bat to hold by the time the game comes around. So -- so, everybody be ready. We’ll try to get a practice in, but April 13th is our big game, and with our rookie star power, we can come away victoriously. Thanks very much.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Maloney. Senator Sandack, for what purpose do you rise?
Personal privilege, please, Mr. Chairman {sic}.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your purpose.
Thank you, sir. It’s spring break and, obviously, lots of folks have been introducing family and friends. It’s my privilege to introduce the DiBartolo family. They’re in the Senate area behind the Democrats. Noelle DiBartolo, Joey DiBartolo, Brittney and Natalie DiBartolo are here from Downers Grove. They’re a great wonderful family. They’re learning about the Capitol scene, the capital city. And I’m hoping we can give them a nice Senate welcome, Mr. Chairman {sic}. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Would our guests please rise? Welcome to the Illinois 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 State Senate. Senator McCann, for what purpose do you rise? SENATOR McCANN: Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point. SENATOR McCANN: I’m joined here with a young man who is helping us carry out our duties today as a Senate Page. His name is Frank Vaughn. He attends St. Al’s and St. Pat’s in Darien {sic} (Lemont), Illinois. He is thirteen years old tomorrow. He is in the seventh grade and he loves to play volleyball. He also lists here as his life’s aspiration to be President of the Senate. We think we’re going to allow you to fulfill your duties today, Mr. President, but if we could all join in wishing Frank a very happy birthday. Frank Vaughn.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate and happy birthday. Senator John O. Jones. Senator Jones.
Thank you, Mr. President. Point of -- of an announcement.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your announcement.
First off, I want you to know, Senator Sullivan, I talked to Representative Sacia earlier today - because the House has been on the Floor quite a bit - I told him to be sure and save his voice for this evening. I’m asking you to do the same thing, so don’t get like former Senator Hendon did sometimes up there, you know. Just keep it calm and cool and save your 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 voice. And on everybody’s desk, there should be a list of seventeen items that Senator Sullivan and Representative Sacia will be auctioning off at the State House Inn tonight for our Sportsmen’s Caucus. We’ve moved it downtown here to the -- to the State House Inn to be more convenient for everybody. So we hope to have a great turn out this evening starting at 5:30 and 6 o’clock tonight. So, thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Jones. Senator Cultra, for what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Well, I just -- we announced the softball game between the House and the Senate and I just wanted to make a suggestion that -- looking over the Members here, with new Member Darin LaHood and Mike Frerichs and myself, that maybe we should entertain a basketball game in the future.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
I, too, have a very important guest from my district with me this -- this afternoon. Her name is Becky Kress. She is the 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 president and owner of her own business. And she’s here to see, again, how government works and she was shadowing Leader Radogno earlier this afternoon. So, might we give her a nice warm Springfield welcome?
PRESIDING OFFICER: (SENATOR SULLIVAN) Absolutely. Welcome to the Illinois State Senate. Senator LaHood, for what purpose do you rise? SENATOR LaHOOD: Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point. SENATOR LaHOOD: Mr. President, I’m joined today by a young man by the name of Beau Howes, who’s our Page today. Beau is seventeen years old. He attends Bureau Valley High School, lives in Walnut, Illinois. His hobbies include biking, reading, running, traveling, and swimming. His interests are history, literature, movies, and culture. He’s a double -- his plans include being a double major in German and European History, and he plans to attend either the University of Chicago or University of Wisconsin-Madison. And he plans to be a college professor. Please give a warm Senate welcome to Beau Howes, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Great to have you here. Senator Garrett, for what purpose do you rise?
Yes, thank you, Mr. President. For personal privilege. I would like…
PRESIDING OFFICER: (SENATOR SULLIVAN) 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Please -- please state your point.
Thank you. I would like to introduce some of my constituents who have traveled here from Glencoe - Mark, Susan, and Chelsea Blumenthal, who are up in the Senate gallery. Chelsea plans to be President of the United States someday, so I’d like you to take a look at her. You might be seeing her picture someplace else besides here. And Wayne Serbin, from Des Plaines, who is a local activist in Des Plaines. And since my name was used regarding the softball, I’d like to let everybody know I will be playing this year and I know how to hold a bat. Thank you very much.
PRESIDING OFFICER: (SENATOR SULLIVAN) Would our guests in the gallery please rise? Welcome to the Illinois State Senate. Senator Link, for what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
I, too, have a special guest here, a Page for a Day, Alex Acker, who is here with his father and is a junior at Lake Forest High School and is a constituent of Senator Garrett. Alex was raised in Germany and Belgium and moved back to the States in eighth grade and speaks German and French, and will be willing to help out Senator LaHood’s Page. He also runs cross country and track at Lake Forest, and will be completing his Boy Scout Eagle -- Eagle project this summer. He plays the cello in 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 the school orchestra and loves to read and watch movies. Would we welcome him to the Senate today?
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Great to have you here. Now continuing on the Calendar is -- the Order of 3rd Readings, is Senate Bill 74. Senator Haine. Senate Bill 74. Would you like to proceed? Indicates that he would. Madam Secretary, please read the bill.
Senate Bill 74. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, to present your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a bill that was the initiative of DHS. It reduces the time in which a court has to set a hearing to return a defendant to the county jail from the mental facility, the forensic unit, after they’re found fit to stand trial. There’s a -- a backlog of people wanting to take beds. This is a continuing problem. There’s a shortage of beds. And the sheriffs are aware of this and they want the beds to get people out of the county jail. So I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Haine. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 74 pass. All those in favor will say Aye. Those opposed, Nay. The -- the voting is open. Have all voted who 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 90. Senator Crotty. Would you like to proceed? Indicates that she would. Madam Secretary, please read the bill.
Senate Bill 90. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Crotty.
Thank you, Mr. President. Senate Bill 90 conforms provisions of the Vehicle Code to provisions of the Election Code and federal law regarding motor voter registration. The Vehicle Code currently charges the Secretary of State’s Office with registering voters; however, over the years, that duty has been altered from registering voters to merely accepting registration applications and forwarding them on to the local election authorities. This would codify that practice in Vehicle Code.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 90 pass. All those in favor will say Aye. Those -- opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 motion, there are 57 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, it is declared passed. Senator Murphy, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
We are joined here today by the Chief and Deputy Chief of the Palatine Fire -- or, Police Department. In the first row, right behind the Democrat side, Chief Koziol and Deputy Chief Stoeckel. We’d appreciate a warm welcome for the people who keep me out of trouble back home.
PRESIDING OFFICER: (SENATOR SULLIVAN) Would our guests please rise? Welcome to the Illinois State Senate. Continuing on the Calendar is Senate Bill 100. Senator Haine. Senator Bill Haine. Indicates he’d like to proceed. Madam Secretary, please read the bill.
Senate Bill 100. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative of the Environmental Protection Agency. It’s partly a cleanup bill, removing obsolete provisions and changing others that need to be updated. 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 However, it does make substantive additions to the Act in that it creates two new felony criminal offenses. One of which is the criminal damage to a public water supply, knowingly damaging or altering equipment or property of a public water supply. That’s a Class 4 felony. The second one is a Class 2 felony, an aggravated criminal damage to public water supply. The aggravation is based on knowingly damaging a public water supply while knowing that that act places another person in danger of serious illness or great bodily harm. So I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Haine. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 100 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? Madam Secretary, take the record. On that question, there are 54 voting Yea, 2 voting Nay, 0 voting Present. Having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 106. Senator Kotowski. Out of the record. Senate Bill 109. Senator Bivins. Out of the record. Senate Bill 112. Senator Crotty. Senator Maggie Crotty. Out of the record. Senate Bill 145. Senator Steans. Madam Secretary, please read the bill.
Senate Bill 145. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Senator Steans.
Thank you, Mr. President, Members of the Senate. This bill requires a skilled nursing facility to designate an Infection Prevention and Control Professional within every facility. This was an initiative of the Cook County Department of Public Health and supported by the Department of Public Health. And I don’t know of any opposition to the bill. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 145 pass. All those in favor will vote Aye. Those opposed, Nay. The voting is -- the voting is open. Have all voted who wish? Have all voted to wish? Have all voted to wish? Madam Secretary, take the record. On that motion, there are 56 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 145. Senator Steans. Excuse me, Senate Bill 151. Senator Bivins. Senator Bivins. Indicates he’d like to proceed. Madam Secretary, please read the bill.
Senate Bill 151. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
Thank you, Mr. President. Senate Bill 151 prohibits the 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 use, possession, or transfer of a radio frequency identification device capable of obtaining or processing personal identification information from a radio frequency identification tag or transponder in order to commit a felony violation of State law or any violation of the Identity Theft Law.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 151 pass. All those in favor will vote Aye. Those opposed vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted to wish? Madam Secretary, take the record. On that motion, there are 57 voting Yea, 0 voting Nay, 0 voting Present. Having received the constitutional majority, is -- required constitutional majority, is declared passed. Continuing on the Calendar, page 21, is Senate Bill 153. Senator Martinez. Do you wish to proceed? She indicates that she would. Madam Secretary, please read the bill. Senator Martinez seeks leave of the Body to return Senate Bill 153 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 153. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez, to explain your amendment.
Thank -- thank you, Mr. President. And I, too, join all my colleagues in welcoming you up to the Podium. You’re going to be a -- a great President for the time being. But let me go -- 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 proceed. Senate Bill -- I mean, Senate Amendment No. 2 increases the number of curriculum hours a massage therapist must receive before being licensed to seven hundred and fifty hours from five hundred hours. This requirement takes effect January 1st of 2016. And I’ll be happy to discuss the rest of the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? All those in favor will say Aye. Opposed, Nay. The -- the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Continuing on with the Calendar is Senate Bill 155. Senator Forby. Out of the record. Senator Kotowski, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
I’m pleased today, I just saw my good friend Steve Schaefer, who’s joined us here in Springfield. Steve has been a -- a longtime advocate for veterans in the State of Illinois and the country. He was the head of the Des Plaines VFW. He’s a -- a co-chairman of the Northwest Suburban Veterans Advisory Council. He has been a leader in my community and communities throughout our State and is someone who’s dedicated his life and 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 service to our country. And for that, we owe him a great debt of gratitude. And please give him a wonderful Springfield welcome. Steve Schaefer. Stand up, Steve.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Great to have you here today. Next on the Calendar is Senate Bill 161. Senator McCarter. Out of the record. On the next page… Top of page 22. Senate will -- with leave of the Body, we will skip 167. With leave of the Body, we will go to page 22 of the Calendar. Senate Bill 172. Senator Link. Senator Terry Link. Out of the record. With leave of the Body, we will go to page 25. Senate Bill 262. Senator Harmon. Senator Don Harmon. Senate Bill 262. Out of the record. With leave of the Body, we will go to page 31. Senate Bill 395. Senator Garrett. Indicates she’d like to proceed. Madam Secretary, read the bill.
Senate Bill 395. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
Yes, thank you very much, Mr. President. Senate Bill 395 amends the Property Tax Code and makes permanent a special assessment valuation for certain federal property. In 2006, a special assessment valuation method was created for federal property that was leased for a public/private partnership residential development at Fort Sheridan. This method was agreed upon by the interested parties in North Chicago and 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Glenview. The purpose of the original bill was to make sure that the local taxing districts received property taxes from the increased services they would have to provide. And what we’re doing is extending the sunset for -- so there is no sunset.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 395 pass. All those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted to wish? Madam Secretary, take the record. On that question, there are 53 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, is declared passed. Senator Schoenberg, for what purpose do you rise?
Mr. President, I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Having given everyone in the Chamber due warning, I’d like to formally announce that today is Evanston Day here at the Illinois State Capitol. Evanston, as you may know, is really the -- the Lake Wobegon of Illinois politics, where “all the women are strong, all the men are good looking, and all the children are above average”. I’m pleased to tell you that directly behind me in the gallery is a delegation of leaders from the community, lead by Mayor Elizabeth Tisdahl, a neighbor and friend of mine; the President of Northwestern University, 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Morty Schapiro; members of the city council, the school boards, the school superintendents, people involved in the not-for- profit service -- human service delivery network, as well as the business community. And please give them all a warm Senate greeting. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Would our guests in the gallery please rise? Welcome to the Illinois State Senate. With leave of the Body, we will go to Senate Bill 398. Sponsorship of that bill has been turned over to Senator Martinez. Senator Iris Martinez, on Senate Bill 398, do you wish to proceed? Indicates that she would. Senator Martinez seeks leave of the Body to return Senate Bill 398 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 398. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez, to explain your Floor amendment.
Thank you, Mr. President, Members of the Senate. Amendment No. 2 would increase the sunset provision of the Film Production Services Tax Credit of 2008 that is current in Senate Bill 4 from five years to ten years. Current law provides no sunset for the -- for the film credit. A five-year sunset was added to Senate Bill 4 by the House. And I’ll be happy to go into the bill a little bit further on 3rd Reading.
PRESIDING OFFICER: (SENATOR SULLIVAN) 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Now on the Order of 3rd Reading is Senate -- excuse me, are there any further Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 398. Senator Martinez. Indicates she’d like to proceed. Madam Secretary, please read the bill.
Senate Bill 398. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.
Thank you, Mr. President, Members of the Senate. As amended, it would increase the sunset provision of the Film Production Service {sic} (Services) Tax Credit of 2008 that is currently in Senate Bill 4 from five years to ten years. The credit could then, subsequent, be extended in five-years {sic} interval. The five-year sunset was added in Senate Bill 4 by the House. 2010 was a record year for the film industry in Illinois. While the numbers are -- are still being audited, it is expected that the film industry spent more than a hundred and fifty-five million dollars in Illinois in 2010. In comparison, in 2003, when there was not a film tax credit, film spending in Illinois, it was only twenty-five million. Ladies and 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Gentlemen, this is a good bill for Illinois. As you know, we have been one of the states that -- we see a lot of attraction by the film industry. This is a way to keep that film industry growing in the State of Illinois, be competitive with other states. And I -- and I hope everyone can take a look at this bill and know this is the right thing to do for Illinois. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? Senator Lauzen, for what purpose do you rise?
To the bill. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To -- to the bill.
This bill came through the Revenue Committee, enjoyed unanimous support. And I think that it’s going in the right direction of allowing businesses and industries in Illinois to plan for the long run, rather than just year to year. So I commend the sponsor. Recommend a Yes vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator John Jones.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Jones.
Senator Martinez, I -- I don’t have a problem with what you’re trying to do here, your piece of legislation, but I am 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 very concerned about, in our analysis, it referenced Senate Bill 4, which is a -- is a bill that Senator Forby and I have been working on for several months really, when you -- when you come right down to it. But I guess my first question to you is, Senate Bill 4, when it was sent over to the House was -- was -- there was an attempt to amend it to take away the sales tax credit for farmers on farm machinery and seed, feed, fertilizer. Your bill doesn’t do anything like that does it?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.
No, it doesn’t.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jones.
So can you give the Body assurances that the same games that was played with Senate Bill 4 when it left this Chamber and went over there, that those same games won’t be played with this bill when it gets over there. Because, you know, it’s -- it’s time to quit playing games around this Chamber and let’s get down to serious business. And we really want to grow jobs in the State of Illinois. So I -- I -- my question is, do have assurances from the House? Hopefully you’ve worked out an agreement that this is not going to be tampered with when it gets over there.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.
Senator Jones, I wish that we could speak for the House, 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 because, I mean, these are the kind of bills that, when they come over to us, we have to fix. This was -- you know, when this bill -- when this was added on to Senate Bill No. 4 - which we have no idea why that was done - we wanted to make sure we took care of the problem right away. We got calls from all over from the industry. I spoke to President Cullerton, who understood and said this is not the way to go. We wanted to have a bill by itself that will take care of the film industry. I hope and pray that Senate Bill 4 continues to be the way you and Senator Forby worked on.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jones.
So, in other words, you don’t have an assurance from the House, which, quite frankly, really concerns me that we would be passing this piece of legislation. Because the bill that Senator Forby is the lead sponsor on and I’m a hyphenated cosponsor on, Senate Bill 4, that gives tax credits to Continental General Tire in Mount Vernon. They are ready to build right now. But we’re going to fool around up here in Springfield until they decide to go across the State line to Indiana, because they’re negotiating with Indiana. So what I would like to see is this bill be held up. Let’s pass Senate Bill 4 and then we’ll work on this one.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- Senator Martinez.
Thank you, Senator Jones. Senate Bill 4 is here and we’re going to work -- we’re going to pass that bill. This bill is 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 important, because when you look at the industry that is here in Illinois right now, when you look at -- with the sunset that was put in by the -- by the House, it makes no sense. If anything, it would discourage the industry from -- from planning long term. This helps the industry continue to keep Illinois competitive with other states that have no sunset. I think that, you know, Senate Bill -- we’re going to -- 4 is going to be worked on right here. We’re going to pass it. But this bill has to go over and we’re going to make sure that that bill is -- is kept as clean as we’re sending it over there. We hope.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jones, to the bill.
One more question, Mr. President, and then -- then to the bill. Senator Martinez, Senate Bill 4 is over here on Concurrence, so we can’t change anything that’s in there. But we can pass this; send it to the Governor’s Desk. He could sign it into law and -- and Continental Tire, and Motorola, by the -- you know, is also in the bill now. We could give that bill to the Governor today, if we could pass it. I noticed President Cullerton conversing with you a little bit there when I was questioning this bill. Maybe he has some -- some wisdom for us that Senate Bill 4 is also going to be acted on in the next day or so. But that’s the kind of insurance I would like, because we are -- we are jeopardizing a company of spending three hundred million dollars in my hometown and four hundred and fifty new jobs, plus saving Motorola. So, that’s a real concern of mine, whether I support this bill or not.
PRESIDING OFFICER: (SENATOR SULLIVAN) 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Senator Martinez.
Let me put your mind to rest, Senator Jones. I was just told by the President, Senate Bill 4 has to pass before this bill that I have is able to take any -- you know, we can take -- we can -- okay, good.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senate -- Senator Forby.
Just to the bill. I’ve talked to Senator Cullerton about this bill and I’m convinced that this is -- this is what we have to do. This is going to help the film industry to get back what they want to do -- to get back -- you know, get their tax credit, and so we got -- we’re going to have to take this off of Senate 4 Bill {sic}, and it’s going to pass. And the President has made sure that he’s talked to the House Members, that this is going to happen. So I’m convinced this is going to happen and this is a good bill. We need to vote Yes on that so we can get this done and do the Senate bill next.
PRESIDING OFFICER: (SENATOR SULLIVAN) Any further discussion? Seeing none, Senator Martinez, to close.
Just want to thank Senator Jones for the concern. I think that this is the right thing to do. I know that I had Senator Lauzen and several other Senators have already agreed that this is a very bipartisan bill, in the sense that it is the right thing to do for Illinois. This is for us to be able to generate dollars, continue to generate -- the revenue here in Illinois. 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 As you can see, in the -- in 2010 alone, we had over a hundred and fifty-five million dollars that were produced, thanks to the film industry. I think that this is the right thing. We’re moving in the right direction. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 398 pass. All those in favor, vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that motion, there -- there are 53 -- 53 voting Aye, 0 voting Nay, 3 voting Present. Having received the required constitutional majority, Senate Bill 398 is declared passed. With leave of the Body, we will turn to page 36. At the top of page 36 is Senate Bill 512. Senator Cullerton. Indicates he would like to proceed. Madam Secretary, read the bill.
Senate Bill 512. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) President Cullerton.
Thank you, Mr. President, Members of the Senate. We’ve had discussions, initiated by the Governor’s Office, with regard to pension reforms. All four caucuses are participating. And it’s my intention to pass this bill, which is a shell bill, over to the House so that it can be in a position to be able to be amended so that we can do that reform. It’s very difficult to pass anything other than a shell bill with pensions because 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 otherwise it’s -- it’s a benefit increase or a decrease, and rather than do that, just thought we’d send a shell bill over. And then, if we get an agreement, of course, obviously, it would be debated in our -- our Chamber. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Murphy, for what purpose do you rise?
…bill, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
I would just let the folks on our side of the aisle know that we appreciate this conversation between the President and our Leader, Leader Radogno. She has been made aware of all of this. We appreciate the initiative. And from our side of the aisle and -- actually both sides of the aisle, I encourage an Aye vote on this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there further discussion? Seeing none, the question is, shall Senate Bill 512 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 to wish? Madam Secretary, take the record. On that question, there are 43 voting Aye, 11 voting Nay, 1 voting Present. Senate Bill 512, having received the required constitutional majority, is declared passed. Leave of the Body, we will turn to page 37. The middle of page 37 is Senate Bill 541. Senator Garrett. 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Indicates that she would like to proceed. Senator Garrett seeks leave of the Body to return Senate Bill 541 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 541. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett, to explain your amendment.
Yes, Floor Amendment 3 becomes the bill. It basically allows counties of three hundred thousand or more to have the ability to have financial and other types of information from organizations and entities of which appointments are made.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Is there any discussion on the amendment? Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will -- grant leave. Senator Pankau, on the amendment.
Thank you. Was there a particular incident that brought this amendment about?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 I -- I think it’s sort of in the mode of transparency, making sure that the counties that make appointments, for instance, let’s say, to Pace or the DuPage Water Commission, whatever it would be, that they have the ability to get information that allows for much more oversight and transparency.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Pankau.
The reason I ask is because, in DuPage County, we’ve lately had a incident with the Housing Authority. And I was wondering if this is more information about the body itself, the authority that would go to the county board chairman, or are you talking about personal information about those who are appointed, or -- or what exactly are you looking for?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
So, county boards recommend or appoint people to other boards, and there seems to be, in many cases, a disconnect. Once that appointment is made, it is sometimes difficult for the county board to keep on top of all of the types of -- their financial information, other types of oversight. So what this bill does is allow the county board -- county board chairman to request that type of information and have it, without, you know, going through FOIA or anything like that. Just because of the oversight. Making sure, since they are the ones who are appointing the members to any type of a board - we could say Metra - that that information is available. 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Pankau.
So, is -- is there a date, like you have to provide this information, I don’t know, at least once a year or every six months or something like that?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
It’s by ordinance. So the county boards are allowed to design their own ordinance; the date would be part of that ordinance.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Pankau.
Thank you, Mr. President. To the bill: This sounds like a good bill. I know a lot of times there have been local boards that we’ve been trying to get information about - the DuPage Airport Authority, for instance, or some of the others. And the fact that this has to be reported to somebody else other than just the board members, I think is a very good thing. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Sandack.
Thank you, Mr. President. To the bill, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 I -- I urge all listening to vote in favor of this initiative. It is a good government initiative. This was in front of the Executive Committee yesterday. What it permits is counties over three hundred thousand the ability to basically call into account and provide some accountability to these nonvoting quasi-government agencies. For instance, county boards -- in DuPage, for instance, have two hundred and forty appointments they make, but after those appointments are made, there is no ability to ask for financial information, budget information. There is no further accountability after the appointment is made. An Aye vote would let these counties call into account and make certain disclosures become, by ordinance, mandatory. It is, in every sense of the term, a good government initiative and I urge an Aye vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. With leave of the Body, we will turn to the middle of page 45 and Senate Bill 769. Senator Garrett. Senate Bill 769. Out of the record. With leave of the Body, we will turn to page 52 of the Calendar. In the middle of the page is Senate Bill 952. Senator Harmon. Senator Don Harmon, on Senate Bill 952. Out of the record. Leave of the Body, we will turn to the middle of page 58 and Senate Bill 1122. Senator Link. 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Senator Terry Link, on Senate Bill 1122. Out of the record. Senator Link, on Senate Bill 1122. Madam Secretary, he indicates he’d like to proceed. Please read the bill.
Senate Bill 1122. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link, to explain your bill.
Thank you, Mr. President. 1122 strengthens the language as currently included in joint rules of the Department of Human Rights and Human Rights Commission. Through this amendment, the legislation establish pregnant individuals as a -- protected class within the Act. And it’s pure and simple - rather than simply depending on the current method in which the -- charges are proceeded on the basis of sex and then are converted into the rules of the agency, the legislation is placing a spotlight on the protection offered as expecting mothers, thus alerting the employers and employees and the general public that discrimination in this area and -- will be and -- against the law in Illinois.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Link. Is there any discussion? Senator Righter, for what purpose do you rise?
Will the sponsor yield please, Mr. President?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will. Senator Righter. 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011
Senator Link, in your -- in your opening, you said that the bill was designed to strengthen Department or Commission rules by putting in statute certain provisions. So I guess I’d like to start there with, are -- are the rules that employers have to currently abide by, are they in statute or are they part of Commission rules? And second, what are those, compared to what you’d like to see them be through this legislation?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
…you -- thank you, Senator Righter. As like we did in -- in -- I -- in committee, and you asked particularly the same type of question, I followed through with the Human Rights Commission, and it was particularly the same thing in rules. And what we are doing with this is that we are codifying the rules into law and making sure that it can’t be changed within the rules. We are now codifying this same type of legislation and making it into solid law right now so that there cannot be any subject to change.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
What -- what committee did this go through, Senator?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Labor.
PRESIDING OFFICER: (SENATOR SULLIVAN) 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Senator Righter.
I’m not on the Labor Committee, Senator. So either your memory was really bad or mine. So, what are the changes from -- you said -- you said not only codify, but strengthen. So now - I understand the -- the point you’ve made about taking things that are in rule and putting ‘em in statute - now I want to ask you, what are the changes that you’re making? In other words, the difference between what’s said in the rule and what will be said in statute.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
And I apologize. One of -- one -- the -- the same type of question was asked in committee, Senator Righter, and I apologize. But what this is, is just putting this -- changing - and that’s why I had the Commission get this ruling for me - and saying that - exactly what I just said - we are putting it into law. Exactly what I just stated in my opening remarks - that there cannot be a discrimination and basis on -- the ruling of - - this amendment allows the establishment of a pregnant individual to protected class of this Act, and that it is pure and simple, rather than simply depending on the current method of which changes our procedures on the basis of sex and are converted into the rules of the agency. That’s basically what we’re just doing; we’re just codifying this into law.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 Senator Link, let me -- let me try it this way. It is my understanding that the -- the effect of this change, by putting it into statute as opposed to just having it in rule, is now there will be a cause of action in civil court, whereby before there would not be such a cause of action available. Is that correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Correct. And there will be AG enforcement with this.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Lauzen.
A question for the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Lauzen.
Certainly, you know, no one is ever going to speak against motherhood, being pregnant. The practical application for, especially, small employers on this is, let’s say that three people come to apply for a job at your small business, three people come, one of those three people is a pregnant person. If -- if you don’t give that person the job, you have a lawsuit. Can you explain how that is practical in any way?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
The -- the only -- the only time that would come into effect, if that was solely the reason that that person wasn’t 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 hired - then you would have a lawsuit.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.
Now, you know how easy it is to have lawsuits. How will a person -- you know, only cause -- what it does is it shifts the burden onto the employer to defend herself from not having hired that one person. Why is it that we’re doing this to employers in the State of Illinois? Aren’t we having enough trouble with all these people leaving us with their jobs?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Senator Lauzen, this is -- this, right now, is currently federal law. All we’re doing is codifying it in the State of Illinois.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Cultra.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
This puts a terrible burden on small employers and -- and - - and -- right now, fifteen employees and up, this is currently federal law. But this bill today is going to include employers from one to fourteen and -- and that -- that’s the big difference. They’re not sophisticated enough. And they don’t have enough employees to -- to -- to be able to comply to this 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 law. It -- it -- it opens up to lawsuits that they can’t afford. You’re going to hurt the small business community. And I -- I understand what you’re trying to do here and I think everybody in this Chamber would agree with your intent, but the problem is this -- this is going to be terrible for small businesses in this State. And right now it’s so easy to get sued. This is just going to -- well, we ought to change this to “Lawyers Full Employment Act”. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Senator Link, to close.
Senator Cultra, after your point, if you want, I will encourage -- on the passing of this bill, I will ask the House sponsor to look into amending this to do the same as the federal law, to make it fifteen and higher. I -- it had never been broached to me in committee or otherwise of the one to fourteen. I will make sure that we will talk to the House sponsor to make it the same as the federal law so it codifies the federal law. I think this is necessary. We’re just doing the federal piece of legislation and codifying it into State law. I would ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1122 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted to wish? Have all voted to wish? Madam Secretary, take the record. On that question, there are 32 voting Aye, 21 voting Nay, 1 voting Present. Having received -- Senate Bill 1122, having received the required constitutional majority, is declared passed. We’re 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 going to move -- with leave of the Body, we will turn to page 70 on the Calendar, House Bills 3rd Reading, is -- is House Bill 1030. Senator Link. Senator Link, on House Bill 1030. Indicates he’d like to proceed. Madam Secretary, please read the bill.
House Bill 1030. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Thank you, Mr. President. This is a much easier bill. This is the agreed-upon unemployment insurance bill that is -- as amended, addresses two time-sensitive issues facing the Unemployment Insurance Trust Fund and a provision to extend the unemployment benefits. First, the bill allows the Illinois Department of Employment Security to divert the portions of tax employers currently pay and -- the Fund Building Tax, to be paid to support the debt service on bonding for eighty-three million dollars in interest owed to the federal government this September. Second, because the unemployment rate in Illinois is steadily decreasing, the State is in danger of losing federal funding for extended unemployment benefits. The bill -- changes the statutory unemployment trigger from one-year look-back to three-year look-back in order to ensure the State will continue to qualify for federal funding. As I said, this is an agreed- upon bill. I thank my colleague Senator John Jones for working very cooperatively with me on this bill. And I’ll be more than 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator John O. Jones.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
You know, I -- I think Senator Link explained it very well. But, you know, this is a process that we have known as -- was coming at us for quite some time. In fact, the business community especially, and even labor to a certain extent, have known for the last year or so that we was -- we was heading down this road, that we were going to have to do some -- some drastic things to our unemployment insurance. And this is an agreement that we worked out over in the Governor’s Mansion one evening, for -- for a long evening. We -- we got everybody to come together on it. You know, I -- I’m sure there’s people in the Chamber that really has some reservations about it, but this is the best solution -- for right now at this moment. And it’s only the first step. You know, we -- we’ve got another hurdle to -- to jump through and that’s why the speed bumps are put in there. Senator Link and -- and the -- the two House Members that’s on the agreed-bill committee, along with all the -- the groups and organizations, we’ll be working on this up until Veto Session, and hopefully we’ll have a -- a conclusion to it for Veto Session. But at the time being, this is something that needs to be done, needs to be sent to the Governor’s Desk as quickly as possible. In fact, we need it there by tomorrow 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/30/2011 evening. And so I would just ask for everyone’s support on House Bill 1030.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Jones. Any further discussion? Seeing none, Senator Link, to close.
I would just ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate {sic} Bill 1030 pass. All those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted to wish? Have all voted to wish? Madam Secretary, take the record. On that question, there are 45 voting Aye, 11 voting Nay, 0 voting Present. Senate {sic} Bill 1030, having received the required constitutional majority is declared passed. Upon adjournment -- adjournment, the Appropriations II Committee will meet in Room 212. There being no further business to come before the Senate, the Senate -- Senate stands adjourned until the hour of 11 a.m. on the 31st day of May -- of March, 2011. The Senate stands adjourned. 63