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Illinois Senate Floor Debate — April 6, 2011

97th General Assembly (2011-2012) · Legislative day 25 · Regular Session
Chamber
Senate
General Assembly
97th (2011-2012)
Date
April 6, 2011
Legislative day
25
Session
Regular Session
Speaker turns
41
Original
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John J. Cullerton (D)

The regular Session of the 97th 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 Reverend Richard VanDyke, from the Medinah Baptist Church, in Medinah, Illinois. THE REVEREND RICHARD VanDYKE: (Prayer by the Reverend Richard VanDyke)

John J. Cullerton (D)

Please remain standing for the Pledge of Allegiance. Senator Jacobs.

Mike Jacobs (D)

(Pledge of Allegiance, led by Senator Jacobs)

John J. Cullerton (D)

Madam Secretary, Reading and Approval of the Journal.

Jillayne Rock

Senate Journal of Thursday, March 31st, 2011.

John J. Cullerton (D)

Senator Hunter.

Mattie Hunter (D)

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

John J. Cullerton (D)

Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions.

Jillayne Rock

1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 Senate Resolution 157, offered by Senator Dillard and all Members. It is a death resolution, Mr. President.

John J. Cullerton (D)

Resolutions Consent Calendar.

Jillayne Rock

Senate Resolution 158, offered by Senator Hutchinson. It is substantive.

John J. Cullerton (D)

Madam Secretary, Appointment Messages.

Jillayne Rock

Appointment Message 60 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Dan Rutherford, Treasurer, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a member of the Personnel Review Board, Office of the Treasurer: Dr. Andrea Barthwell Travel and Other Official Expenses only Appointment Message 61 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 consent of this Honorable Body is respectfully requested. To be a Democratic Member of the State Board of Elections: Charles Scholz $37,571 Appointment Message 62 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Democratic Member of the State Board of Elections: Judith C. Rice Annual Compensation: $37,571 Appointment Message 63 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Republican Member of the State Board of Elections: Ernest L. Gowen Annual Compensation: $37,571 Appointment Message 64 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Republican Member of the State Board of Elections: Betty J. Coffrin Annual Compensation: $37,571 Appointment Message 65 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Republican Member of the State Board of Elections: Jesse R. Smart Annual Compensation: $37,571 Appointment Message 66 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Republican Member of the State Board of Elections: Bryan A. Schneider Annual Compensation: $37,571 Appointment Message 67 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Democratic Member of the State Board of Elections: William McGuffage Annual Compensation: $37,571 Appointment Message 68 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Democratic Member of the State Board of Elections: Harold Byers Annual -- Harold D. Byers Annual Compensation: $37,571

John J. Cullerton (D)

Messages from the House.

Jillayne Rock

A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has 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 117. We have received like Messages on House Bills 132, 147, 178, 297, 1056, 1084, 1220, 1253, 1262, 1298, 1324, 1514, 1518, 1628, 1710, 1748, 1907, 1949, 2019, 2048, 2902, 2976, 3047, 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 3329, 3332, 3360, 3376, 3384, 3386, 3405, 3425 and 3639. They passed the House, March 31st, 2011. Mark Mahoney, Clerk of the House. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 116. We have received like Messages on House Bills 190, 195, 1077, 1149, 1317, 1378, 1404, 1447, 1458, 1484, 1593, 1889, 2105, 2853, 2860, 2922, 2982, 3188, 3236, 3335, 3343, 3428, 3478 and 3697. They passed the House, April 1st, 2011. Mark Mahoney, Clerk of the House. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 6. We have received like Messages on House Bills 248, 263, 286, 298, 464, 1204, 1209, 1226, 1258, 1316, 1326, 1379, 1486, 1491, 1494, 1503, 1571, 1645, 1658, 1700, 1719, 1865, 1966, 2020, 2023, 2054, 2095, 2100, 2101, 2362, 2500, 2891, 2993, 3036, 3042, 3090, 3134, 3158, 3172, 3220, 3273, 3281, 3285, 3406, 3408 and 3459. They passed the House, April 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 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 11. It’s offered by Senator Murphy, and adopted by the House, March 31st, 2011. Mark Mahoney, Clerk of the House. It is substantive, Mr. President.

John J. Cullerton (D)

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. (at ease) The Senate will come to order. Madam Secretary, Committee Reports.

Jillayne Rock

Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Agriculture and Conservation Committee - Floor Amendment 2 to Senate Bill 2190; refer to the Criminal Law Committee - Floor Amendment 1 to Senate Bill 2151, Floor Amendment 1 to Senate Bill 2268 and Floor Amendment 2 to Senate Bill 2270; refer to the Education Committee - Committee Amendment 1 to Senate Joint Resolution 27, Committee Amendment 2 to Senate Joint Resolution 27, Committee Amendment 3 to Senate Joint Resolution 27 and House Joint Resolution 4; refer to the Energy Committee - Senate Resolution 142; refer to the Environment Committee - Floor Amendment 1 to Senate Bill 1567; refer to the Executive Committee - Floor Amendment 1 to Senate Bill 1073, Floor Amendment 2 to Senate Bill 1286, Floor Amendment 2 to Senate Bill 2149, Senate Joint Resolution 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 Constitutional Amendment 24 and Senate Joint Resolution Constitutional Amendment 25; refer to the Executive Appointments Committee - Appointment Messages 60 through 67; refer to the Financial Institutions Committee - Floor Amendment 2 to Senate Bill 87, Floor Amendment 3 to Senate Bill 87, Committee Amendment 1 to Senate Bill 1370 and Floor Amendment 1 to Senate Bill 2076; refer to the Human Services Committee - Floor Amendment 3 to Senate Bill 1622; refer to the Judiciary Committee - Committee Amendment 1 to Senate Bill 1540, Committee Amendment 1 to Senate Bill 1859, Floor Amendment 1 to Senate Bill 1971; refer to the Labor Committee - Floor Amendment 2 to Senate Bill 1149 and Floor Amendment 1 to Senate Bill 1511; refer to the Licensed Activities Committee - Floor Amendment 1 to Senate Bill 53, Floor Amendment 2 to Senate Bill 1306, Floor Amendment 3 to Senate Bill 1306, Floor Amendment 3 to Senate Bill 1762; refer to the Local Government Committee - Floor Amendment 2 to Senate Bill 2063 and Floor Amendment 3 to Senate Bill 2063; refer to Pensions and Investments Committee - Committee Amendment 1 to Senate Bill 2014; refer to the Public Health Committee - Floor Amendment 1 to Senate Bill 396, Floor Amendment 1 to Senate Bill 1377, Floor Amendment 1 to Senate Bill 1577 and Floor Amendment 2 to Senate Bill 1945; refer to the Revenue Committee - Floor Amendment 1 to Senate Bill 1227; refer to the State Government and Veterans Affairs Committee - Floor Amendment 4 to Senate Bill 1270 and Senate Joint Resolution 30; refer to the Transportation Committee - Floor Amendment 4 to Senate Bill 952, Floor Amendment 5 to Senate Bill 952, Floor Amendment 1 to Senate Bill 957, Floor Amendment 1 to Senate Bill 1732, Floor Amendment 3 to Senate Bill 2103. 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 Signed by Senator James F. Clayborne, Chairman. We also have a committee report correction. The following correction was made on the report from the Senate Committee on Insurance, which on March 17th, 2011, reported Senate Bill 2240 with a recommendation of Do Pass, as Amended, with Committee Amendment 1 having been adopted. Senate Bill 2240 and Committee Amendment 1 were both postponed by the Committee.

John J. Cullerton (D)

I’d like to make some announcements concerning our committees. Ladies and Gentlemen, the following committees will be meeting to take up committee or Floor amendments. Transportation will meet in Room 400 at 4:16 p.m. Education will meet in Room 409 at 4:16 p.m. Criminal Law will meet in Room 212 at 2:01 p.m. Local Government will meet in Room… Local Government will meet in Room 409 at 2:01 p.m. Labor will meet in Room 212 at 2:46 p.m. Pensions and Investments will meet in Room 400 at 2:46 p.m. Executive will meet in Room 212 at 3:16 p.m. Revenue will meet in Room 400 at 3:16 p.m. Tomorrow - tomorrow - State Government and Veterans Affairs will meet in Room 409 at 4 p.m. and Financial Institutions will meet in Room 400 at 9:30 a.m. tomorrow. Ladies and Gentlemen, if Members have Floor amendments that they intend to be heard before the deadline, you should file those Floor amendments by the close of business next Monday, April 11th. That will be the deadline to file Floor amendments. This will provide time for those bills to be assigned to committee so that they can be heard during the 3rd Reading deadline week. I would also like to remind everyone that Friday, April 15th, is the 3rd Reading deadline for Senate bills. Members who committed to hold their 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 bills on 2nd Reading to negotiate language are advised that next week is the 3rd Reading deadline. So it is suggested that you should move negotiations along to be able to meet the deadline. Senator Murphy, for what purpose do you rise?

Matt Murphy (R)

Purpose of announcement, Mr. President.

John J. Cullerton (D)

State your announcement.

Matt Murphy (R)

Thank you. Senator Pankau is home today due to an illness in the family and we’d just request that the record reflect that and her absence be deemed excused.

John J. Cullerton (D)

Record will so indicate. Senator Hunter, for what purpose do you rise?

Mattie Hunter (D)

Point of personal privilege, Mr. President.

John J. Cullerton (D)

…your point.

Mattie Hunter (D)

I have visiting with me this week guests from the North Lawndale Alliance. They were -- they appeared before our Redistricting Committee earlier today and I just simply wanted to bring them on the Floor to introduce them. We have Sondra Spellman, Reverend Shavonda Fields, and we have Wallace Johnson, but we all know him better as “Mickey” Johnson from the Chicago Bulls from 1974 to 1979. So let’s welcome ‘em to the Senate.

John J. Cullerton (D)

Welcome to the Senate. We want to make sure that Mickey 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 Johnson meets Senator Frerichs. Senator Murphy, for what purpose do you rise?

Matt Murphy (R)

In addition to just liking the sound of my own voice and rising for the second time, Mr. President, I failed to introduce my Page. Trevor Glasgow is a seventh grader from Arlington Heights. And he is joined by his father, Arlington Heights Trustee Tom Glasgow, up in the gallery. And appreciate giving them a warm Senate welcome.

John J. Cullerton (D)

Senator Hutchinson, for what purpose do you rise?

Toi W. Hutchinson (D)

Point of personal privilege, Mr. President.

John J. Cullerton (D)

State your point.

Toi W. Hutchinson (D)

I have with me a very special person in my district, his name is Shawon Jackson. Some of you may have met him when he presented in front of the Appropriations Committee. But I’d like to read a portion of his bio. He’s from University Park. He’s now a senior at the Illinois Mathematics and Science Academy - we know as IMSA. And prior to coming to IMSA, Shawon lived in a single-family home with his mother and younger brother. While at IMSA, he developed a stronger interest in engineering, and thus conducted a research project at the Argonne National Laboratory at their Center for Nanoscale Materials, where he developed nanocapacitors made of Bismuth Ferrite. In addition, Shawon, inspired by how IMSA reached out to him, makes a great effort to pursue service projects. What’s 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 really special about this young man is that he’s just been awarded a four-year, full-ride scholarship to Princeton University, which covers tuition, room and board, books and travel costs to and from the University. His mother, Pam, is here with -- with me today. When he talked about heroes and people that he looked up to on some of his application things, he said he looked up to President Barack Obama and his Senator Toi Hutchinson. I wanted him to come here and meet all you guys today because this young man is going to Princeton because of what he did at the Illinois Math and Science Academy. He is an absolutely phenomenal student and he is exactly what we want all of our young people to be. So -- he was president of Student Council, while he’s simultaneously the student director of Legislative Affairs. So I have no idea whether or not he’s going to take my job one day. But I wanted to make sure that this Senate Floor was blessed with his presence, because I’m so very proud of Mr. Shawon Jackson. Please join me in giving him a warm Senate welcome, along with his mother, Pam.

John J. Cullerton (D)

Senator Wilhelmi, for what purpose do you rise?

A. J. Wilhelmi (D)

…you, Mr. President. Point of personal privilege.

John J. Cullerton (D)

…point.

A. J. Wilhelmi (D)

Thank you. Ladies and Gentlemen of the Senate, I’m joined as well by a Page today, Miss Emma Lagger, from the City of Lockport. She’s a seventh grader at St. Dennis Grade School in Lockport. She -- her favorite subject is math, and in fact, 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 pre-algebra. So, glad to have her here. Her favorite sport is volleyball. In fact, she plays club volleyball, where she is a hitter and a setter. And one point of concern, Mr. President, is that young Emma is a Green Bay Packer fan, but I think we can forgive her for that. I’m so glad she’s able to join me here in Springfield with her father, Scott Lagger. Please help me give Emma a warm welcome to the Illinois Senate.

John J. Cullerton (D)

Senator McCann, for an introduction. SENATOR McCANN: Thank you, Mr. President. Ladies and Gentlemen of the Senate, I have here with me a very distinguished guest, a young man by the name of Jacob Tucker. Some of you folks may have heard of him. I have a sneaking suspicion that you all should have heard of him. He hails from the great town -- the great City of Carlyle, Illinois. He attends a Division III school in my district, Illinois College, of which we are very proud. This -- yes, that is right. Jacob recently, just last week, won the NCAA Slam Dunk Competition. He is the first, we believe, that - - yeah, you -- you can go to You Tube and see an awful lot of Mr. -- Mr. Tucker. That being said, he is, we believe, the first Division III participant and we know he is the first Division III winner. These folks were in awe of Jacob when he was there. We are in awe of him now. The great thing about this, in the times we live in, we have a young man who we are celebrating his hard work, determination, talent, ability. And I know he’s going to take everything that he’s done and use it for good in the future. Jacob, would you like to say a few words? 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011

JACOB TUCKER

(Remarks by Jacob Tucker) SENATOR McCANN: Thank you, Mr. President.

John J. Cullerton (D)

The Senate will stand in recess to the call of the Chair. After the committee meetings, the Senate will reconvene to receive committee reports. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) Senate will come to order. Mr. Secretary, Committee Reports.

Scott Kaiser

Senator Frerichs, Chairperson of the Committee on Agriculture and Conservation, reports Senate Amendment No. 4 to Senate Bill 664, Senate Amendment No. 2 to Senate Bill 1637 and Senate Amendment No. 2 to Senate Bill 2010 recommended Do Adopt. Senator Maloney, Chairperson of the Committee on Higher Education, reports Senate Amendment 2 to Senate Bill 1798 recommended Do Adopt. Senator Hunter, Chairperson of the Committee on Human Services, reports Senate Amendment No. 2 to Senate Bill 106 recommended Do Adopt. Senator Wilhelmi, Chairperson of the Committee on Judiciary, reports Senate Bill 1540 Do Pass, as Amended; and Senate Amendment No. 4 to Senate Bill 1259, Senate Amendment No. 2 to Senate Bill 1694, Senate Amendment No. 2 to Senate Bill 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 1877 recommended Do Adopt. Senator Koehler, Chairperson of the Committee on Local Government, reports Senate Amendment No. 1 to Senate Bill 1686, Senate Amendments No. 2 and 3 to Senate Bill 2063 recommended Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports Senate Amendment No. 1 to Senate Bill 1808, Senate Amendment No. 1 to Senate Bill 2268 and Senate Amendment No. 2 to Senate Bill 2270 recommended Do Adopt. Senator Forby, Chairperson of the Committee on Labor, reports Senate Amendment No. 2 to Senate Bill 1149 recommended Do Adopt. Senator Garrett, Chairperson of the Committee on Commerce, reports Senate Amendment No. 2 to Senate Bill 1394 recommended Do Adopt. Senator Harmon, Chairperson of the Committee on Executive, reports Senate Bill 668 Do Pass; and Senate Amendment No. 1 to Senate Bill 1073, Senate Amendment No. 1 to Senate Bill 1449, Senate Amendment No. 3 to Senate Bill 1821 and Senate Amendment No. 2 to Senate Bill 2149 recommended Do Adopt. Senator Martinez, Chairperson of the Committee on Licensed Activities, reports Senate Amendment No. 1 to Senate Bill 669, Senate Amendment No. 3 to Senate Bill 1306, Senate Amendment No. 3 to Senate Bill 1539, Senate Amendment No. 1 to Senate Bill 1602 and Senate Amendment No. 3 to Senate Bill 1762 recommended Do Adopt. Senator Hutchinson, Chairperson of the Committee on Revenue, reports Senate Bill 2170 Do Pass, as Amended; and Senate Resolution 81 Be Adopted; and Senate Amendment 1 to 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 4/6/2011 Senate Bill 1227 and Senate Amendment No. 1 to Senate Bill 2225 recommended Do Adopt.

Jeffrey M. Schoenberg (D)

PRESIDING OFFICER: (SENATOR SCHOENBERG) There being no further business to come before the Senate, the Senate now stands adjourned until the hour of 11 a.m. on Thursday, April 7th, 2011. The Senate stands adjourned. 16