PRESIDING OFFICER: (SENATOR SULLIVAN) 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? Our invocation today will be given by Pastor Jerry Doss, the Abundant Faith Christian Center in Springfield, Illinois. Pastor Doss.
(Prayer by Pastor Jerry Doss)
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Pastor. The Pledge of Allegiance. Please remain standing for the Pledge of Allegiance. Senator Maloney, to lead us in the Pledge.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Tuesday, April 12th, 2011.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter moves to approve the -- excuse me. Senator Hunter.
Mr. President, I move -- I move to postpone the reading and approval of the Journal just read by the Secretary, pending the arrival of -- of the printed transcript.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 There being no objection, so ordered. Madam Secretary, Committee Reports.
Senator Muñoz, Chairman of the Committee on Executive Appointments, reports the following: Appointment Messages 43, 52 and 58 recommended Do Advise and Consent.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Resolutions.
Senate Resolution 174, offered by Senator Koehler and all Members. It is a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Resolutions Consent Calendar. 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 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 3294. We have received a like Message on House Bill 3597. It passed the House, April 12th, 2011. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, House Bills 1st Reading.
House Bill 3257, offered by Senator Lightford. 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 (Secretary reads title of bill) House Bill 1311, offered by Senator Bomke. (Secretary reads title of bill) House Bill 3294, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 3597, offered by Senator Raoul. (Secretary reads title of bill) 1st Reading of these House bills.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins, for what purpose do you rise?
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I have the honor and the privilege to recognize the eighth graders from my parish, St. Sabina Academy. They’re in the President’s Gallery. They are joined by their eighth grade teachers, Reverend Sylvester Johnson and Deborah Hodo. And they’re also accompanied by many parents that I think are -- acting as chaperones today. So I just want to welcome them to the Senate and hope they enjoy their lunch.
PRESIDING OFFICER: (SENATOR SULLIVAN) Very nice. Welcome to the Illinois Senate. Please rise and be recognized. Senator Wilhelmi will take the Chair here for an introduction.
Good afternoon and thank you, Mr. President. It is my honor and my pleasure to be standing here today. I -- I think it’s so important -- with -- with these ladies behind me and with Coach Smith. I think it’s so important as we do our business, as we work through the hustle and bustle of 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Springfield, as we work on getting our bills passed, I think it’s appropriate that we take a time-out every once in a while and recognize greatness and recognize excellence, and recognize, especially, our young people in the State of Illinois who every day get up, work hard, and make it happen in their lives and on behalf of their families and their friends and their supporters. And that’s really what today’s all about. I asked Coach Smith to come down here with the Lady Raiders State Champion Basketball Team. They won -- for the third straight year, the ladies have won State Championship in the State of Illinois. Three in a row. Now it gets better. If it -- it gets better, and allow me - please indulge me - allow me to -- to explain why I say that. The Lady Raiders have won the State Championship the last five out of six years. Is that right, Coach? The last five out of six years, the Lady Raiders have won State Champion -- the State Championship in the State of Illinois. Their record in the last seven years, their record is two hundred and seventy-eight wins, twenty-seven losses. These ladies and Coach Smith were ranked the second best team in girls’ basketball in the country. So we are really honored to have them here. Along with Coach Smith, we have the President of the School Board, Mr. Steve Quigley. We also have Kirk Dillard, of course, our colleague Senator Dillard, who represents a portion of Bolingbrook. In fact, Senator Holmes, you represent a small portion of Bolingbrook. But, really, this is much bigger than - - than me or Kirk Dillard or Linda Holmes. This is much bigger than Bolingbrook. This is an accomplishment, Ladies and Gentlemen, that we simply have not seen in the history of the State of Illinois, to have a girls’ basketball team step up and 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 win like these ladies have. And so, if you’ll allow me, I’d like to introduce the coach of this great team, Mr. Tony Smith, to address you for a few moments. Let’s welcome Coach Smith. BOLINGBROOK LADY RAIDERS COACH ANTHONY SMITH: (Remarks by Bolingbrook Lady Raiders Coach Anthony Smith)
Thank you, Coach. And one thing I neglected to say, Mr. President, if you’ll allow me just one more minute, not only are these women exceptionally talented athletes, these women are also good students and they’re good citizens, and they’re going to go on and make a difference in their lives, in their families’ lives and in our society. Three of the women are going on to play college basketball. Where they going? One’s going to SIU, another’s going to U of I, and the third - you might have heard of this team - the University of Tennessee, to play college basketball at the highest level in this country. So, again, Mr. President and Members of the -- of the Senate, thank you for allowing me to bring these talented women down here, with their coach, Tony Smith. Thank you for recognizing them for their greatness and for their excellence. And you know what? I have a feeling they’re going to be back again. Thank you very much.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, we need all Senators to come to the Floor. All Senators, would you please come to the Senate Floor immediately? Senator Christine Johnson, for what purpose do you rise?
Point of personal privilege, Mr. President. 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Mr. President and Members of the Senate, today it’s my privilege to introduce to you JoEllen Ridder. She’s with the Lincoln Series for Excellence in Public Service. She and members of her -- the class in the Lincoln Series are shadowing some of our female Senators today and we’d like to welcome her.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let’s give a warm welcome to Senator Johnson’s guest. Madam Secretary, has Supplemental Calendar No. 1 been distributed?
Yes, it has, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To fulfill our responsibilities under Article V, Section 9 of the Constitution, we will now proceed to the Order of Advice {sic} (Advise) and Consent. Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. I move that the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in Appointment Messages 43, 52 and 58.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz moves that the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in Appointment Messages 43, 52 and 58. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate is resolved into Executive Session. Madam Secretary, Executive Appointments – Appointment Messages. 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Appointment Message 43.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be a member of the Prisoner Review Board, for a term commencing March 18th, 2011, and ending January 16th, 2017: Craig Findley.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I now seek leave to consider the appointment on a roll call. Will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointment just read from the Appointment Message 43. 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 question, there are 54 voting Aye, 0 voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Madam Secretary, Appointment Message 52.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 To be the Director of the Illinois State Police, for a term commencing April 11th, 2011, and ending January 21st, 2013: Hiram Grau.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I now seek leave to consider the appointment on a roll call. Will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointment just read from Appointment Message 52. 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 Aye, 0 voting Nay, -- none voting Present. The Senate does advise and consent to the appointment just read. Madam Secretary, Appointment Message 58.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be a Judge of the Court of Claims, for a term commencing March 28th, 2011, and ending January 18th, 2016: Peter Birnbaum.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Mr. President, I now seek leave to consider the appointment on a roll call. Will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointment just read from Appointment Message -- 58. 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. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. I move that the Senate arise from Executive Session.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz moves that the Senate arise from Executive Session. All those in favor will -- will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate has arisen from Executive Session. Senator Frerichs, for what purpose do you rise?
For a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please -- please state your point.
I’d like to recommend -- or, to recognize a few guests in 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 the gallery today. Over your right -- your right shoulder, visiting from my district, we have Toni Thanas, who is an intern in my district office. Will you please stand? Hailey Rehberg is an intern with the Campaign for Better Health Care. And Marie Henehan is a Lecturer and Departmental Director of Internships at the University of Illinois. Please join me in welcoming ‘em. A warm Senate welcome to the folks here in the President’s Gallery today.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. 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 with me today. Her name is Nicole Niwa. She actually is a House Communications staff member, but prior to that, she worked for the Daily Herald. You may recognize her face; she used to cover this Chamber. And she also had a small stint with the Springfield Register. She is here today as part of the Republican Lincoln Series - that’s our leadership program. So I’d like the Chambers to give her a warm welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) Let’s -- let’s give a warm welcome to our guest. Senator Annazette Collins, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege. 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Yes, I would like you all to welcome a very good friend, Patricia Campbell. We were roommates in college. Patricia Campbell-Williams, actually. And she’s here with me today. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Let’s give Ms. Collins {sic} a warm welcome. Welcome to Springfield. Senator Bomke, for what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Visiting with us today is the Carroll Catholic School sixth grade class. They’re sitting right back here. We have Reagen Tibbs, Cole Sheley, Haygen {sic} (Hayden) Sanborn, James Haugen, Isaac Lewis, Thomas O’Donoghue, Grace Hemenway, Aurora Board, Emma Hammen {sic} (Mammen); teachers Anna {sic} (Anne) Stoltzenburg and John Kocka - they’re up in the gallery - and chaperones Vanessa Tibbs and Bob Gordon. If you would all help me welcome them to the Illinois State Senate, I would appreciate it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Would our guests in the gallery please rise? And let’s welcome them to the State Senate. Senator Murphy, for what purpose do you rise?
11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Two purposes. First is a point of personal privilege. I’d like to…
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Thank you. Like to welcome my Page, Hannah Heider, from Barrington. She’s down today with her father, Steve. Hannah’s a junior at Barrington High School and is looking at some of the best universities in the country to attend - a bright piece of our future from our area. So, everybody, please give Hannah a warm Senate welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) Let’s give Senator Murphy’s guest a warm welcome to the State Senate. Welcome. Senator Murphy.
Thank you. Purposes of an announcement. The Republicans request a one-hour caucus.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy, we’ll take your motion up in just one second; a couple of Members want to be recognized. Senator Righter, for what purpose do you rise?
Thank you, Mr. President. I rise on a point of personal privilege, if I might.
PRESIDING OFFICER: (SENATOR SULLIVAN) State your point.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, I would like to introduce to you my Page for a Day. Her 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 name is Brianna Lillyman. She is a junior at St. Thomas More School in Champaign, which is in Senator Frerichs’ district, but she and her family live in Mahomet, in my district. Her favorite subject in school, Mr. President, is chemistry. So, I hope she becomes a chemist. As a lawyer, I hope she becomes a chemist, because we need more chemists and not more lawyers. So, if the Senate would give her a warm welcome, I would appreciate it, Mr. President. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Let’s -- let’s welcome Senator Righter’s guest. Welcome to the State Senate. Senator Kotowski, for what purpose do you rise?
Good afternoon, Mr. President. How are you?
PRESIDING OFFICER: (SENATOR SULLIVAN) Very well.
Point -- point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Well, it is my great honor today, I have a Page for the Day who is a freshman at Loyola Academy - not Saint Viator’s - Loyola Academy, the capable high school institution of Loyola Academy, Andrew Cichon. He’s -- track, but he hurt his knee. He’s -- plays the guitar. He -- he likes science; it’s his favorite subject. And I believe he wants to go into public service. So he’s a great young man. He’s with me for the day. If you could please join me in giving him a wonderful 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Springfield welcome, to Andrew Cichon. Give ‘em around of applause.
PRESIDING OFFICER: (SENATOR SULLIVAN) Let’s welcome Senator Kotowski’s guest to the Senate Chambers. Welcome. Senator -- I mean, Senator Raoul, for what purpose do you rise?
Point of personal privilege. I rise on…
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
I rise on behalf of Coach Maloney and our former coach, Rickey Hendon. Today’s the day that the Senate redeems itself. And we need to get together on a bipartisan basis and do this on behalf of Rickey, and cream those people from the House, from that lower Chamber. We are the House of the Lords and we shall prevail - without me, of course, ‘cause I’ve got a bum knee. But let’s do it on behalf of Coach Maloney and former Senator Rickey Hendon.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Raoul. Senator Maloney, do you want to give the details of where the game is?
Thank you, Mr. President. Game time - between 5/5:30 at Lincoln Park. If you simply take 6th Street directly north, you run into the park. We are sold out. It is a sellout today, standing room only. There’ll be food and refreshments, which is the important thing, and during caucus, during the Republican Caucus, the uniform shirts will be distributed to your chair. 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Okay. Everybody plays, everybody -- has fun, everybody wins today. Thanks, everybody. Be out there today for our Senate victory. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Maloney. Senate Republicans have moved to recess the Senate for the purpose of a one-hour caucus. Seeing no objection, the motion is -- to recess is granted. We will return at approximately 1:50. The Senate now stands in recess until 1:55. At which time, the Senate takes up Floor action. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SULLIVAN) Senate will come to order. Madam Secretary, Committee Reports.
Senator Silverstein, Chairperson of the Committee on Environment, reports Senate Amendment 1 to Senate Bill 1357, Senate Amendment 3 to Senate Bill 1543, Senate Amendments 1 and 2 to Senate Bill 1567, Senate Amendment 2 to Senate Bill 1615, Senate Amendment 2 to Senate Bill 1682, Senate Amendment 2 to Senate Bill 2193 and Senate Amendment 2 to Senate Bill 2288 recommended Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports Senate Amendment 2 to Senate Bill 64, Senate Amendment 1 to Senate Bill 265, Senate Amendment 1 to Senate Bill 1035, Senate Amendment 1 to Senate Bill 1036, Senate Amendment 1 to Senate Bill 1037, Senate Amendment 1 to Senate 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Bill 1038, Senate Amendment 1 to Senate Bill 1040, Senate Amendment 1 to Senate Bill 1041, Senate Amendment 1 to Senate Bill 1042, Senate Amendment 1 to Senate Bill 1043, Senate Amendment 1 to Senate Bill 1338, Senate Amendment 1 to Senate Bill 1470, Senate Amendment 1 to Senate Bill 1471, Senate Amendment 1 to Senate Bill 1554, Senate Amendment 1 to Senate Bill 1562, Senate Amendment 2 to Senate Bill 1701, Senate Amendment 1 to Senate Bill 1809, Senate Amendment 1 to Senate Bill 2069, Senate Amendment 1 to Senate Bill 2151, Senate Amendment 1 to Senate Bill 2271 and Senate Amendment 1 to Senate Bill 2301, all recommended Do Adopt. Senator Koehler, Chairperson of the Committee on Local Government, reports Senate Amendment 2 to Senate Bill 83, Senate Amendment 2 to Senate Bill 92, Senate Amendment 1 to Senate Bill 863 and Senate Amendment 4 to Senate Bill 2063, all recommended Do Adopt. Senator Meeks, Chairperson of the Committee on Education, reports Senate Amendment 1 to Senate Bill 620, Senate Amendment 1 to Senate Bill 624 and Senate Amendment 2 to Senate Bill 1932 recommended Do Adopt. Senator Sandoval, Chairperson of the Committee on Transportation, reports Senate Amendments 4, 5 and 6 to Senate Bill 952, Senate Amendment 2 to Senate Bill 954, Senate Amendment 1 to Senate Bill 956 and Senate Amendment 4 to Senate Bill 2103, all recommended Do Adopt. Senator Steans, Chairperson of the Committee on Appropriations I, reports House Bills 116, 117, 132, 3639 and 3697 Do Pass. Senator Harmon, Chairperson of the Committee on Executive, 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 reports Senate Resolution 168 Be Adopted; Senate Amendment 1 to Senate Bill 170, Senate Amendment 2 to Senate Bill 172, Senate Amendment 1 to Senate Bill 173, Senate Amendment 1 to Senate Bill 670, Senate Amendment 1 to Senate Bill 745, Senate Amendments 3 and 4 to Senate Bill 1147, Senate Amendment 3 to Senate Bill 1286, Senate Amendment 2 to Senate Bill 1297, Senate Amendment 2 to Senate Bill 1449, Senate Amendment 1 to Senate Bill 1613, Senate Amendment 4 to Senate Bill 1821, Senate Amendment 1 to Senate Bill 1927 and Senate Amendment 3 to Senate Bill 2149, all recommended Do Adopt; and Motion to Concur with House Amendment 3 to Senate Bill 4 recommended Do Adopt. Senator Martinez, Chairperson of the Committee on Licensed Activities, reports Senate Amendment 2 to Senate Bill 2037 recommended Do Adopt. Senator Hutchinson, Chairperson of the Committee on Revenue, reports Senate Amendment 1 to Senate Bill 43, Senate Amendment 2 to Senate Bill -- 266, Senate Amendment 1 to Senate Bill 397, Senate Amendment 1 to Senate Bill 401, Senate Amendment 1 to Senate Bill 754 and Senate Amendment 3 to Senate Bill 2194, all recommended Do Adopt.
PRESIDING OFFICER: (SENATOR SULLIVAN) Will all Senators in the -- within the sound of my voice please come to the Senate Floor? We’re going to go to -- to the Order of 3rd Readings. Will all Senators please come to the Senate Floor? 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 House of Representatives has passed bills of the following 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 161. We have received like Messages on House Bills 653, 1600, 2590 and 3372. They all passed the House, April 18th {sic} (13th), 2011. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, House Bills 1st Reading.
House Bill 161, offered by Senator Righter. (Secretary reads title of bill) House Bill 653, offered by Senator Althoff. (Secretary reads title of bill) House Bill 1359, offered by Senator Althoff. (Secretary reads title of bill) House Bill 2556, offered by Senator Althoff. (Secretary reads title of bill) House Bill 2590, offered by Senator Raoul. (Secretary reads title of bill) House Bill 3372, offered by Senator Koehler. (Secretary reads title of bill) House Bill 3513, offered by Senator Crotty. (Secretary reads title of bill) 1st Reading of these House bills.
PRESIDING OFFICER: (SENATOR SULLIVAN) Will all Members please come to the Senate Floor? We’re going to be going to the Order of 3rd Readings. Will all Members please come to Floor? The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Will the members of the Committee on Assignments please come to the President’s Anteroom? The Senate will stand at ease while the Committee on Assignment {sic} 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: Re-refer from the Executive Committee to the Assignments Committee - Floor Amendment 1 to Senate Bill 1349 and Floor Amendment 1 to Senate Bill 1422; re-refer from the Appropriations I Committee to the Assignments Committee - Senate Bill 2450. Signed by Senator James F. Clayborne, Chairman. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Senate Bill 7, Floor Amendment 1 to Senate Bill 1349, Floor Amendment 1 to Senate Bill 1422, and Senate Bill 2450. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, on Supplemental Calendar No. 2 - Supplemental Calendar No. 2 - on the Order of Concurrence is Senate -- Senate Bill No. 4. Senator Forby. Senate Bill No. 4. Do you wish to proceed? Indicates that he does. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 3 to Senate Bill 4. Filed by Senator Forby. 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby, to present your motion.
Thank you. Senate Bill No. 4 adds - Amendment No. 3 - to the tax EDGE credit. This bill allows Continental Tire and Motorola to take advantage of the tax EDGE credit program. What this bill will end up doing, will give Continental Tire three hundred and fifty new employees and a two-hundred-million-dollar investment. I run this bill out once before and it’s the same thing, same wording and everything. All we’re doing is adding Motorola to this bill. It creates -- they got two hundred and - - two thousand five hundred jobs and they’re going to do a five- hundred-million-dollar expansion.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Senator John Jones, for what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
I just rise in strong support of the bill. Really appreciate the work that Senator Forby’s put into this. I know it ran into a couple of problems over in the House, but for the most part, we’ve got those rectified. And so I would just encourage everybody for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any other discussion? Senator Lauzen, for what purpose do you rise? 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
A question for the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Lauzen.
What is your projection of what the incentive -- the amount of the incentives is going to be in either hundreds of thousands or millions of dollars?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby.
Well, I can’t tell you exactly what the extension is on the money. Three hundred and fifty people is going to get a job and another two thousand five hundred people that could be losing to another state. So that is a lot of money, a lot of tax money, lot of cars, lot of homes, lot of food. So there’s going to be a lot of -- a lot of investment comes back into the State. With the budget problem we have today, number one issue is jobs.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.
I’m sorry. Senator - Senator, the question that I asked was not to tell me what the benefits of the bill are again. I asked if you could give us a -- or even a rough estimate of what the budget impact of this bill is?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby.
Tax -- the tax credit will be nineteen million dollars over 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 fifteen years on -- on Continental Tire. And on -- tax credit for Motorola is a hundred and six million over ten years.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.
Okay. Did you say a hundred and six million? So this is - - did you say a hundred and six million over ten years? So between those two, do I understand correctly, that this is a hundred and twenty five million?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby.
These figures come by employees, ‘cause it takes the tax out of the employees going -- getting these jobs and that’s where this money’s coming from. If we didn’t do this, there would not be any tax at all or no jobs.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.
And, finally, I think that you mentioned in your description of the bill that all this does is add Motorola to the bill. Doesn’t it also put in some sunsets, you know, or takes out -- I guess it’s -- doesn’t it also affect the sunsets under current law?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby.
The sunset - yes, it did. I think it was on the film -- production. We run a bill -- trailer bill, 398, that takes the 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 sunset back to two -- two thousand -- make it back to 2018 so everybody is happy with the sunsets we’ve done today, on that bill. So, it’s in the Governor’s Office and he says he’s going to sign it, so I don’t know of any opposition on that. They was all opponents {sic} on the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.
Thank you, Mr. President. A final question. Okay. Since the River Edge Redevelopment Zone Site Mediation {sic} (Remediation) Tax Credit began on December 31st, 2006, does removing the exemption from the automatic five-year sunset provision mean that the credit expires on December 31st of 2011, or will it expire five years from the effective date of the amendatory Act? Which would that be?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby.
It’s five years from the Act.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any other discussion? Is there any other discussion? Senator Forby, to close.
All this bill is - what we’re talking about today - is a jobs bill. And that’s what the State of Illinois needs. We’re putting people to work. And what’s good about this bill - part of it’s up north, part of it’s down south. So we’re putting work all over the State of Illinois and I’d like to see some more incentives in everybody else’s district so we can put a lot 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 more people to work. Thank you. I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall the Senate concur in House Amendment 3 to Senate Bill 4. All those in favor will vote Aye. The 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 53 voting Aye, 0 voting Nay, 2 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 3 to Senate Bill 4, and the bill is declared passed. Senator Lauzen, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
On Message 58, under salaried appointments from Executive Appointments, the votes earlier today, my intention was to vote Yes, under Message 58.
PRESIDING OFFICER: (SENATOR SULLIVAN) The record will show -- so reflect your intentions. Thank you, Senator Lauzen. Ladies and Gentlemen, if you’ll turn to page 38 on the printed Calendar. At the bottom of page 38 is Senate Bill 1035. Senator Hutchinson. Senator Hutchinson. Toi Hutchinson. Senator Hutchinson, on Senate Bill 1035. Would you like to proceed? Indicates that she would. Madam Secretary. Senator Hutchinson seeks leave of the Body to return Senate Bill 1035 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1035. Madam Secretary, are 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson, to explain the amendment.
Floor Amendment 1 actually shells it and becomes the bill. I’m happy to do it when we move it to 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Madam Secretary, are there any further Floor amendment -- amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1035. Senator Hutchinson, would you like to proceed? Indicates that she would. Madam Secretary, please read the bill.
Senate Bill 1035. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Thank you, Mr. President and Members of the Senate. Senate Bill 1035, as amended, allows the Attorney General to 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 investigate listed sex crimes, and allows the Attorney General and State’s Attorneys - upon notice to, and subject to the supervision of, the Chief Judge of the relevant Circuit Court - the power to issue limited -- limited purpose subpoenas without having to impanel a grand jury or file charges. Senate Bill 1035 limits the scope of the information that can be sought in a subpoena to customer identification information from Internet service providers, so that a judicially issued search warrant can be sought by the State’s Attorney. Senate Bill 1035 requires the return of subpoenas issued by the Attorney General or the State’s Attorney to the Chief Judge for review to determine whether the information sought can be released. Senate Bill 1035 also requires sentences for child pornography and aggravated child pornography to be served consecutively. Happy to answer any questions and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1035 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 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1035, having received the -- required constitutional majority, is declared passed. Continuing on the Calendar, the bottom of page 38, is Senate Bill 1036. Senator Annazette Collins. Senator Collins. Out of the record. Senate Bill 1037. Senator Hutchinson. Madam Secretary. Senator seeks leave of the Body to return Senate Bill 1037 to the Order of 2nd Reading. Leave is granted. Madam Secretary, are there any 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 amendments approved for consideration?
Floor Amendment 1, offered Senator Hutchinson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson, on your amendment.
Floor Amendment 1 shells everything and becomes the bill. Happy to do it on 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any questions? Any discussion? Any discussion? Senator Mulroe, are you wishing to speak on the amendment? Okay. Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1037. Senator Hutchinson. Madam Secretary, read the bill.
Senate Bill 1037. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1037, as amended, amends the Code of Criminal Procedure to allow defendants with criminal convictions 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 for prostitution, misdemeanor or first-time felony, to petition the court for relief from judgment where the defendant’s participation in the crime was due to them also being a victim of sex trafficking. Senate Bill 1037 also incorporates the existing statutory of -- definitions of “trafficking victim” under Illinois law and “victim of a severe form of trafficking” under federal law, as well as clarifying the definition of official reports. This is a really good bill and much-needed relief. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1037 pass. All those in favor will say Aye. Opposed, Nay. The -- 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 -- on that -- on that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1037, having received the required constitutional majority, is declared passed. Senator Mulroe, for what purpose do you rise?
Thank you, Mr. President and Members of the Senate. A point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
I would -- just want to introduce good friends of mine from our district - our daughters played soccer together - Tom and Caryn Byrne. I’d ask that everyone give ‘em a warm welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Welcome to the Illinois State Senate. Continuing on the Calendar, at the top of page 39 is Senate Bill 1038. Senator Cullerton. Senator Cullerton. Out of the record. Senate Bill… Senator Jacqui Collins, for what purpose do you rise?
I believe the bill has been transferred to me. It was a shell that the President passed on to me. And I now have the legislation.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Collins. Give us just one second. Senator, I don’t believe that the paperwork’s been completed, but we will come back to that shortly. Continuing on the Calendar, top of page 39, is Senate Bill 1039. Senator Silverstein, do you wish to proceed? Indicates that he would. Madam Secretary. The Senator seeks leave of the Body to return Senate Bill 10… Okay, excuse me, there is no amendment on the bill. Madam Secretary, read the bill. Madam Secretary, out of the record. Out of the record. Continuing on the Calendar is Senate Bill 1040. Senator Haine. Senator Bill Haine, on -- on Senate Bill 1040. Indicates he wishes to proceed. Senator Haine seeks leave of the Body to return Senate Bill 1040 to the Order of 2nd Reading. Leave is granted. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, to present your amendment.
Thank you, Mr. President and Ladies and Gentlemen of the 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senate. This amendment becomes the bill. It is -- this adopts the national Sex Offender Registration and Notification Act, known as the Adam Walsh Child Protection (and Safety) Act. It has -- it re-tiers our classification of sex offenders. It requires a more stringent three-tiered system of registration. It adds several offenses that are -- that originated in the federal system; for example, conspiracy to commit and solicit to commit any offense. And it adds Illinois offenses to the list of offenses also. It grew out of a terrible case, I believe in Florida. Passage of this bill would also enable Illinois to access significant federal monies, the amount of which I do not know, under the -- the so-called Byrne Act - B-y-r-n-e Act. Failure to comply this year, we will lose money under this. And each year we’re not compliant, we lose more -- more money. So I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1040. Senator Haine, do you wish to proceed? Indicates that he would. Madam Secretary, read the bill.
Senate Bill 1040. (Secretary reads title of bill) 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Thank -- thank you, Mr. President and Ladies and Gentlemen of the Senate. This is, in essence, what I just described in a -- a moment ago. I do want to add that there was a well-meant objection to some of the -- what the federal -- the United States Congress put in as sex registration requirements. I understand that. I accept that. I believe we do a lot better job on many things than the United States Congress, but I believe that this can be changed over the years with interaction with Congress. But this is important to become part of this national system.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1040 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 59 voting Aye, 0 voting Nay, 0 voting Present. Having received the -- Senate Bill 1040, having received the required constitutional majority, is declared passed. Now with leave of the Body, we will return to Senate Bill -- before we do that, Senator Crotty, for what purpose do you rise?
On a point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Please state your point.
Thank you. If everyone can look in the gallery, right behind the Democratic side. If you would help me welcome my sister, Katie, to the Senate Floor {sic}, I would appreciate it. It’s my sister, Kate. Thanks.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. We’re pleased to have you here. With leave of the Body, we will return to the top of page 39 and Senate Bill 1038. I understand the paperwork has been completed and sponsorship has been changed to Senator Collins, Jacqui Collins. Do you wish to proceed? She indicates that she would. Senator Collins seeks leave of the Body to return Senate Bill 1038 to the Order of 2nd Reading. Leave is granted. Madam Secretary, now on the Order of 2nd Reading is Senate Bill 1038. Are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Jacqueline Collins.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins, on the amendment.
Thank you, Mr. President. Floor Amendment No. 1 deletes the bill and becomes the bill -- it deletes everything and becomes the bill and I’m happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1038. Senator Collins, do you wish to proceed? Indicates that she would. Madam Secretary, please read the bill.
Senate Bill 1038. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1038, as amended, conforms the definitions within child abduction to the existing -- definition with luring a minor and the replacement of an invalid mandatory presumption with a valid permissive inference. This legislation follows well in the model set by the CLEAR Commission and this is an outgrowth of an investigative series by the Tribune that saw the loophole in the law that prevented -- did not give the detectives or the prosecutors the right tools or the languages - - the language to prosecute.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, would you like to close, Senator Collins?
I just ask for an affirmative. Thank you. 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1038 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1038, having received the required constitutional majority, is declared passed. Continuing on the Calendar, on page 39 is Senate Bill -- is Senate Bill 1041. Senator Haine, do you wish to proceed? Madam Secretary, he indicates that -- that he would. Senator Haine seeks leave of the Body to return Senate Bill 1041 to the Order of 2nd Reading. Leave is granted. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, on your amendment.
Yes, Mr. President. This -- this bill and the following bill we have on the Calendar are the result of -- of the continuing effort of the General Assembly to keep the Appellate Courts improperly employed and off the street. We enact bills; they find something wrong with them and send ‘em back. So that’s what we’re doing today. That’s all it does. Doesn’t have any new law, it just keeps their law clerks busy.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will -- will say Aye. Opposed, Nay. 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 The Ayes have it and 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. Now on the Order of 3rd Reading is Senate Bill 1041. Senator Haine, do you wish to proceed? Indicates that he would. Madam Secretary, please read the bill.
Senate Bill 1041. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
…you -- thank you, Mr. President and Ladies and Gentlemen of the Senate. This is another bill involving the reenactment of statutory provisions in our Criminal Code that were ruled as violative of the -- of a terrible constitutional provision known as the single-subject rule. So were, again, keeping the Appellate Judges busy and productively occupied and we’re reenacting this.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Raoul, for what purpose do you rise?
I -- I -- I rise in support of this bill and, you know, I just want the entire Chamber to observe that I am voting for a 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 bill that has a enhancement of penalty in it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Any other -- is there any other discussion? Senator Haine, to close.
Mr. President, I would ask for an Aye vote. And I am -- I’m very appreciative of Senator Raoul’s entrance into the pantheon of -- of law enforcement-oriented members of the Criminal Law Committee. We certainly -- this will rank as a great day in history, not similar to the 13th of April when Fort Sumter surrendered, but it’ll be up there. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1041 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 57 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 1041, having received the required constitutional majority, is declared passed. Senator Bivins, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) State your point.
I’d like to introduce to the Body today a gentleman that’s come from Pecatonica, from my district. He’s the Village President of Pecatonica, Mr. Shawn Connors. And he’s a sharp -- I can call him a young man now at my age, but he’s a sharp young 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 man, got a bright future, and please welcome Village President Shawn Connors.
PRESIDING OFFICER: (SENATOR SULLIVAN) Would our guest please rise? Welcome to the Illinois State Senate. Continuing on the Calendar -- Calendar is Senate Bill 1042. Senator Haine, do you wish to proceed? Indicates that he would. Senator Haine seeks leave of the Body to return Senate Bill 1042 to the Order of 2nd Reading. Leave is granted. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, on your amendment.
I wish to adopt everything I said in the prior bill and make it applicable to this bill. And ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and 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. Now on the Order of 3rd Reading is Senate Bill 1042. Senator Haine, do you wish to proceed? Indicates that he would. Madam Secretary, read the bill.
37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senate Bill 1042. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Thank -- thank you, Mr. President, Ladies and Gentlemen of the Senate. This straightens out another court decision, as I’ve -- I indicated, and it removes, as Senator Holmes reminded me, another conundrum in our law. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1042 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1042, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1043. Senator Link. Senator Terry Link. Out of the record. With leave of the Body, we will move to page 40. The middle of page 40 is Senate Bill 1073. Senator Wilhelmi. Senator A.J. Wilhelmi, on Senate Bill 1073. Madam Secretary, out of the record. Senate Bill 1074. Senator Wilhelmi. Madam -- Madam Secretary, indicates he’d like to proceed. Senator Wilhelmi seeks leave of the Body to return Senate Bill 1074 to the Order of 2nd Reading. Leave is granted. Madam Secretary, are there any Floor amendments approved for consideration? 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
Floor Amendment 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi, on the amendment.
Thank you, Mr. President. Senate Amendment No. 1 repeals and replaces the Uniform Foreign Money-Judgments Recognition Act and I’d be happy to explain further on 3rd Reading.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and 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. Now on the Order of 3rd Reading is Senate Bill 1074. Senator Wilhelmi, do you wish to proceed? Indicates that he would. Madam Secretary, please read the bill.
Senate Bill 1074. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Thank you, Mr. President. Senate Bill 1074, as amended, as I said, repeals and replaces the Uniform Foreign Money-Judgments Recognition Act. This Act is an initiative of the Uniform Law 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Commission, who drafted the original law that was passed in 1962. This is the 2005 rewrite of that -- of that Act. It does a number of things, including adds a statute of limitations for enforcing a foreign judgment. I know of no opposition and I’d be happy to answer any questions. I ask for your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1074 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. Senate Bill 1074, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1075. Senator Harmon. Out of the record. Senate Bill 1076. Senator Cullerton. Out of the record. With leave of the Body, we will turn to the top of page 42. At the top of the page is Senate Bill 1123. Senator Koehler. Out of the record. Continuing on down a few bills is Senate Bill 1127. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate Bill 1127 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1127. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Thank you, Mr. President. Amendment No. 1 to Senate Bill 1127 deals with indemnification of corporate officers. I’d be happy to discuss it further on 3rd Reading.
PRESIDING OFFICER: (SENATOR SULLIVAN) 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. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1127. Senator Wilhelmi indicates he’d like to proceed. Madam Secretary, read the bill.
Senate Bill 1127. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Thank you, Mr. President. Senate Bill 1127, as amended, makes changes to provisions of the Business Corporation Act and the General Not For Profit Corporation Act dealing with the indemnification of corporate officers. Does a number of things, such as providing that the decision to indemnify a present or former director, officer, employee or agent of the corporation can be made only by a committee of directors that are not parties to the action or lawsuit, essentially disinterested 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 parties -- disinterested parties. Thank you, to my friend, Senator Sandack. It does a number of other things. It’s an initiative of the Illinois Institute for Business Laws. I’d be happy to answer any questions and I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1127 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 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1127, having received the required constitutional majority, is declared passed. Continuing on the Calendar, the middle of page 42 is Senate Bill 1132. Senator Jacobs. Senate Bill 1132. Out of the record. Next on the Calendar is Senate Bill 1133. Senator Lightford. Senator Lightford. Out of the record. Now on the top of page 43 is Senate Bill 1147. Senator Haine. Senator Bill Haine, on Senate Bill 1147. Indicates he wishes to proceed. Senator Haine seeks leave of the Body to return Senate Bill 1147 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1147. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, to present your amendment.
I believe -- I believe there’s -- there’s a couple of 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 amendments, aren’t they {sic}? Okay. So, Floor Amendment 3 and the -- and the preceding amendment are the result of a colloquy in the Executive Committee between Senators {sic} Righter and Senator -- and Senator Murphy and myself. They recommended some clarifications in the bill and we went back and saw that they were correct and we made them.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on Amendment 3? Any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment 4, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, on Amendment 4.
Mr. President and Ladies and Gentlemen of the Senate, this is another amendment that - and the Illinois Trial Lawyers had a role in this - further clarifying as a result of the colloquy between Senators Murphy and Righter and myself and the other members of the Committee.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1147. Senator Haine, do you wish to proceed? Indicates that he would. Madam Secretary, read the bill.
Senate Bill 1147. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill is the -- is -- the -- the genesis of this bill is a terrible incident in which an Illinois State trooper, I am sad to say, in an absolutely irresponsible series of acts with driving his squad car in excess of a hundred and twenty-six miles per hour while texting on the way to an accident scene in which he was not -- it was not necessary for him to be there, lost control of his vehicle on the shoulder of the road in a jammed area and collided in the opposite lanes with an automobile occupied by two lovely young ladies, Kelli and Jessica Uhl, who lost their lives in the crash. Their mother came up here and testified before the Executive Committee. The pain and the loss here are simply beyond comprehension. Certainly, this should not be the subject of a workers’ compensation claim. The trooper here was discharged. He was convicted of reckless homicide and then he has subsequently filed for workers’ comp. His workers’ comp claim was initially denied and it’s on appeal. We -- we want to close the door to any argument that, in a similar circumstance, somebody such as 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 this person should be entitled to compensation under the laws of this State. That’s -- that’s what the -- the bill is and I thank the Senators for their suggestions for improving it, and that includes Senator Lightford too. Senator Lightford made some comments in Executive Committee which are also incorporated in the amendments.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, Senator Haine, do you wish to close?
Mr. President, I would ask for an Aye vote. This is -- this is an important thing that we’re doing and it’s a statement, a further statement that we’re making to the family of -- of these young girls that their friends -- it’s -- it’s a statement we’re making to the citizens of the community that - in some way - that we recognize the terrible consequences of one of our own employees. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1147 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 -- who wish? Madam Secretary, take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1147, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1148. Senator Link. Out of the record. Senate Bill 1149. Senator Link. Senator Link seeks leave of the Body to return Senate Bill 1149 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 1149. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Link.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Thank you, Mr. President. This would just have -- in the Quality (Jobs) Act of the bill, would add amendments to cap the tax credits received by the Act. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
Floor Amendment 3, offered Senator Link.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link, on Amendment 3.
Thank you, Mr. President. This would also add -- add companies that create a minimum of a hundred new jobs within a two-year period.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the -- all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration? 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1149. Senator Link, do you wish to proceed? Indicates that he would. Madam Secretary, please read the bill.
Senate Bill 1149. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Thank you, Mr. President. Senate Bill 1149 creates the Illinois Quality Jobs Act. The purpose of this Act is to provide new and expanding businesses in Illinois with incentives to create jobs that offer health insurance. In the -- order to qualify, businesses must create jobs that pay at least the average county wage and offer health insurance and at least fifty percent of the premium paid by the company. Benefits to participating companies include retention of the State withholding tax, receiving tax credits on a percentage of their new payroll, as well as an average wage bonus and local incentives of -- bonuses. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Cultra, for what purpose do you rise?
47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
This was in the Labor Committee and all Republican members were in favor of it. And I would recommend to the Body that this bill is good for the job climate in Illinois. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Seeing none, Senator Link, do you wish to close? The question is, shall Senate Bill 1149 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1149, having received the required constitutional majority, is declared passed. With leave of the Body, we will skip over Senate Bill 1150. Moving to page 45 is Senate Bill 1213. Senator Steans. Senator Heather Steans, on Senate Bill 1213. Out of the record. Senate Bill 1227. Senator Koehler. Madam Secretary -- indicates he wishes to proceed. Madam Secretary, read the bill.
Senate Bill 1227. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Thank you, Mr. President. Senate Bill 1227 establishes a 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 formal method for legally converting a manufactured home to real property when it is, or will be, permanently affixed to land. And this had one amendment which made some technical corrections and it also removed any sales tax exemptions for manufactured homes that were included in the original bill. So I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1227 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 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1227, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1228. Senator Sandoval. Out of the record. Senate Bill 1234. Senator Hunter. Senator Mattie Hunter. Madam -- she indicates she wishes to proceed. Madam Secretary -- Senator Hunter seeks leave of the Body to return Senate Bill 1234 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1234. Madam Secretary, are there any Floor amendments approved for…?
Floor Amendment 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter, on Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment 1 becomes the bill and I’ll explain later. 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1234. Senator Hunter, do you wish to proceed? Indicates that she would. Madam Secretary, please read the bill.
Senate Bill 1234. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.
Thank you, Mr. President. This bill has been drafted with the assistance and the agreement of the Illinois Psychiatric Society. The bill is designed to allow greater integration of mental health and -- and -- and physical health, which is a consensus practice. The bill maintains all the privacy protection of HIPAA while allowing treating health professionals to work in collaboration on a holistic care plan. It also allows critical information on a patient’s care regiment to be available to all treating physicians in order to avoid drug to drug interaction. The bill’s been -- has been limited to Healthcare and Family Services programs as a pilot to prepare 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 the way for more reforms next year with the advert {sic} of statewide health information exchanges. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1234 pass. All those in -- 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1234, having received the required constitutional majority, is declared passed. Next on the Calendar is Senate Bill 1235. Senator Hutchinson. Madam Secretary -- she indicates she’d like to proceed. Madam Secretary, read the bill.
Senate Bill 1235. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Thank you, Mr. President, Members of the Senate. Senate Bill 1235 deletes the grants-in-aid for child care services Section from the Children and Family Services Act. This statute is -- this statute clean-up is an initiative of the Department of Human Services. According to the Department, the authorization for these grants exists for a program that was never administered or funded by the Department of Human 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Services. I know of no opposition and I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1235 pass. All those in -- in -- 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 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1235, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1236. Senator Hutchinson. Indicates she’d like to proceed. Madam Secretary, please read the bill.
Senate Bill 1236. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Thank you, -- Mr. President. Senate Bill 1236 is an initiative of the Department of Human Services that amends the Public Aid Code in the Section pertaining to child care. This bill will allow the Department to establish, by rule, a cost- sharing co-payment scale for families that receive child care services regardless of how many children in the family they may have. I know of no opposition at this time. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1236 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 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1236, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1258. Senator Sandoval. Senate Bill 1258. Madam -- out of the record. Senate Bill 1259. Senator Jacqui Collins, on Senate Bill 1259. Indicates that there could be a change of sponsorship. We did receive the paperwork. There has been a change of sponsorship on Senate Bill 1259. That sponsorship has been changed to Senator Silverstein. Senator Silverstein, do you wish to proceed? Indicates that he would. Madam Secretary, please read the bill.
Senate Bill 1259. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
Thank -- thank you, Mr. President. And thank you, Senator Collins, for handling this. What this has to do is, in the foreclosure area, in a short sale, this would require the bank, once a short sale is offered, they have ninety days to either reject it or receive it or -- or accept it. It will not impair their rights to continue on with the foreclosure proceedings. 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Are there -- is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1259 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 56 voting Aye, 0 voting Nay, 0 {sic} (1) voting Present. Senate Bill 1259, having received the constitutional majority, is declared passed. Senate Bill 1260. Senator Radogno. Out of the record. Senate Bill 1261. Senator Radogno. Out of the record. Senate Bill 1262. Out of the record. Senate Bill 1263. Senator Schmidt. Indicates she’d like to proceed. Madam Secretary, please read the bill. Senator Schmidt seeks leave of the Body to return Senate Bill 1263 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1263. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Schmidt.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt, on Amendment 1.
The amendment becomes the bill, Mr. President, and I’ll explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1263. Senator Schmidt, do you wish to proceed? Indicates that she would. Madam Secretary, please read the bill.
Senate Bill 1263. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
Thank you, Mr. President and Senators. This is a -- a Treasurer’s bill. Currently, the Treasurer’s Office does buy commercial paper from LLCs. This legislation is just -- codify a current law with current practice. A recent audit discovered that the Treasurer’s Office has been doing this since 1992, so we -- we need to nullify this audit. So this is just to put LLCs in as a -- another avenue to sell paper. Yes, this is. Thank you, Mr.…
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. There are some questions. Is there any discussion? Is there any discussion? Senator Haine, for what purpose do you rise?
Will the distinguished lady yield for a question?
PRESIDING OFFICER: (SENATOR SULLIVAN) 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Indicates that she will on her first bill. Senator Haine.
Senator, what is a -- what is an obligation?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
I guess it depends on who you’re talking to. I’m obligated to my husband and my family. And we are obligated to the taxpayers to invest our money wisely.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Senator, I appreciate that. Those are worthy axioms, but they don’t have anything to do with this bill you want me to vote for. So what is an obligation of a limited liability company?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
It is a debt.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
What is a short-term obligation?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
It is a short-term debt.
PRESIDING OFFICER: (SENATOR SULLIVAN) 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senator Haine.
You -- so you’re asking that we allow the Treasurer to buy somebody’s debt.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
Actually, the Treasurer’s been doing it since 1992. We discovered this in an audit, so we need to make it legal, yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Well, I am shocked. I am shocked that with all the debt that we’ve accumulated in the last ten years, beginning with George Ryan and the star of stage screen and radio, the following governor, you’re asking -- you’re telling me the Treasurer’s been buying debt? We’re giving debt away. Why do we have to buy debt? And then you want us to -- to buy it from limited liability. The taxpayers want to know -- so they’re not going to pay us back?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt, I think that was a question.
Well, I guess it was a question. I will only tell you that I agree with you - for the last ten years, we have been incurring a lot of debt. And that is one reason why I am in Springfield, sir, because I come from a county that has no debt. So I’m going to try to help this Body out and bring my Lake County skills here with me. 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Senator, I appreciate that, and given the -- your -- your quick response to those inflammatory questions, you will make a great Senator. And I -- I just want to add that I come from a county with no debt also - Madison County, the subject of a lot of unfair statements, a hellhole to some and a paradise to others, but we have no debt. I will vote for this bill because I trust you and I know you’re not a limited liability Senator.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Haine. Further discussion? Senator Jacqui Collins.
Thank you, Mr. President. Will the Senator yield for a question?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates that she will yield. Senator Collins.
I don’t know if I can compete with my colleague, Senator Haine, and his questioning, but let me just ask, what is a limited liability? I always thought that LLC stood for the “lovely ladies committee”. So can you apprise me of what a LLC is?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
Senator Collins, I really prefer the “lovely ladies committee”, but it is a limited liability corporation. 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.
And exactly what is that?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt. You have to wait till your light comes on.
I’m sorry.
PRESIDING OFFICER: (SENATOR SULLIVAN) I know this is your first bill. Senator Schmidt.
I guess I’m too anxious. It -- it is another -- it’s just another form of a corporation - usually has less members in it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.
And I understand that your legislation seeks to conform current law with current practice. Why would we want to do that?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt, you must wait till your light comes on. Senator Schmidt.
You know, I’m -- I’m a past County Board Chairman and I’m used to having the mike all the time, so please excuse me today. I forgot -- I was laughing so hard, I forgot what you said.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins, would you repeat your question, please?
59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Yes. I just wanted to know why would we want to - this august Body that we have here - why would we want to conform current law with current practice?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
Well, I guess we figured since the Auditor caught it, we better clean up our act.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.
Well, let me just say to my colleagues, it’s a pleasure to have Senator Schmidt join the Senate Financial Institutions Committee. I look forward to her expertise. I know that she is a very accomplished parliamentarian, and we welcome her to the committee. And I work -- look forward to working with you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Collins. Any further discussion? Senator Mike Jacobs.
To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
Senator, I’m just wondering, why do you think the Treasurer’s buying debt? Why would the Treasurer buy debt?
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill and also a question. Indicates that she will yield. Senator Schmidt. 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
You got me, man. I wouldn’t buy anybody’s debt. Actually, they’re a great place to invest because they actually pay back.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
Do you think the Treasurer would be -- of Illinois would be interested in buying our debt?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
I promise to ask him the next time I see him.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
How about Lake County? Would Lake County buy our debt?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
Absolutely not. Lake County is already incurring some debt from the State by not paying their bills.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
Senator, didn’t you just say that you had no debt? You -- now you’re saying your incurring debt. Which -- which -- which one do you want to be on today? Which position are you going to be in today?
PRESIDING OFFICER: (SENATOR SULLIVAN) 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senator Schmidt.
Lake County has no debt. We’re just taking whatever bills the State doesn’t pay at the county level and paying for them ourselves. So we still have no debt.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
Two closing questions. Would you define to me what a forbidden entity is and why you might be forbidding some -- some people to be involved and -- and who would you forbid to be involved in this bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
A forbidden entity - I suppose any terrorist organization, any -- any other country that’s a terrorist country would be pretty forbidden in Illinois.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
I did notice that you specifically have named the government of Sudan as a forbidden entity. And, Senator, in closing, I did notice that you said that you were too anxious in answering. Is this a condition that you’re going to manifest more of as we’re in the General Assembly, or do you think you’ll really get a grasp on that and learn the -- the system?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt. 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
First of all, Sudan is current law. Secondly, I love working with both sides of the aisle and I look forward to not having any wars.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Dillard.
Thank you, Mr. President, would the rookie yield for a question?
PRESIDING OFFICER: (SENATOR SULLIVAN) Rookie indicates that she will. Senator Dillard.
Thank you. Senator Schmidt, do you think it would be a good tradition of this Body if we made people like you maybe wear Senator Jacqui Collins’ red jacket before you presented your first bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
Well, Senator Collins dresses impeccably. I’d be happy to wear anything of hers.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
This -- this LLC thing - I -- I thought, you know, and I try to stay hip with my kids, but I thought LLC was a rap singer. Am I -- am I wrong?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt. 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
I’m a Led Zeppelin fan. I don’t know anything about rap singers. I’m sorry, Senator Dillard.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
I thought maybe the LLC, it -- it stood for the “Lincoln Ladies Club” or whatever - you have all these, you know, all these brilliant women around you that are -- that are here watching you be humiliated on your -- on your first bill. They may not want to join the government in the future, Senator Schmidt. Let me just say, you know - one suggestion I have for you, and if you want to endear yourself and get our votes - there was another great lady, like yourself, from Lake County who, toward the end of Session, would have baklava and gyros and all of that great Greek food there. So, Senator Schmidt, I’m sure you’re going to pass many, many bills, but, you know, we hope you continue in that tradition and a little baklava and that Greek food, like the other great woman from Lake County, helps you pass your bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Dillard. Further discussion? Senator - - seeing none, Senator Schmidt to close.
Thank you all very much, and on behalf of the Treasurer, I ask you for an Aye vote on this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1263 pass. All those in favor will vote Aye. Those opposed, Nay. The voting is open. 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 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. Senate Bill 1263, having required -- received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1264. Senator Radogno. Out of the record. Senate Bill 1265. Senator Radogno. Out of the record. Senate Bill 1266. Senator Radogno. Out of the record. Senate Bill 1267. Senator Radogno. Out of the record. Senate Bill 1268. Senator Radogno. Out of the record. Senate Bill 1269. Senator Radogno. Out of the record. Senate Bill 1270. Senator Crotty. Indicates she’d like to proceed. Madam Secretary, please read the bill.
Senate Bill 1270. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Crotty.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1270 allows for the inclusion of veteran-owned and service-disabled veteran-owned businesses to participate in State procurement by establishing a percentage goal by that the State must attempt to reach. This initial three percent goal will increase the efforts by the State to award contracts to veteran-owned and service-disabled veteran- owned businesses. Three percent of the total dollar amount of 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 all State contracts is not a large percentage, but it is a start, affirming our commitment to helping small businesses and supporting our veterans. This legislation would be the first of its kind in the nation, and it demonstrates the full-hearted, yet reasonable commitment to include these heroic entrepreneurs into rebuilding our State’s economy. And I would ask for an Aye vote and be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, Senator Hunter {sic}, you wish to close? The question is, shall Senate Bill 1270 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 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1270, having received the required constitutional majority, is declared passed. Senate Bill 1279. Senator Hunter. Indicates that she would like to proceed. Senator Hunter seeks leave of the Body to return Senate Bill 1279 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1279. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter, on your Floor amendment.
Thank you, Mr. President. I wish to adopt the amendment and I’ll explain it at -- at the -- once it’s adopted. 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1279. Senator Hunter wishes -- she’d like to proceed. Madam Secretary, please read the bill.
Senate Bill 1279. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.
Thank you, Mr. President. Floor Amendment 1 basically extends the Ticket For The Cure lottery game for five years. That extends -- it goes all the way to December 31st, 2010 {sic} (2016). It also specifies that when awarding grants, the Department of Public Health considers projects that address disparities in incidence and mortality rates of breast cancer, populations which face barriers to care -- and it also dissolves the Ticket For The Cure Board and it creates a new Board with different membership and duties. And finally, it also clarifies that this grant be made for -- to go towards breast cancer research, supportive services for survivors and those impacted 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 by breast cancer and breast cancer education. This ticket has been very successful. Since 2006, we have generated approximately 7.1 million dollars. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1279 pass. All those in -- 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 who wish? Madam Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1279, having received the required constitutional majority, is declared passed. Senate Bill 1286. Senator Jacobs. Madam Secretary -- indicates he’d like to proceed. Senator Jacobs seeks leave of the Body to return Senate Bill 1286 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1286. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Jacobs.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs, on Amendment 3.
Thank you, Mr. President. I want to thank my colleagues in Executive Committee for -- for their help on moving this bill along. This bill is still a work in progress; it will go to the House, come back for concurrence. This is a initiative of the Broadcasters Association and the Motion Picture Association and the Great River Production {sic} (Productions). It has to do 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 with animated film versus regular film. They don’t know how to treat ‘em. So we’re going to pass the bill over to the House, with your graciousness, and then bring them back - the bill - for concurrence. Thank you for…
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1286. Senator Jacobs, you wish to proceed? Indicates that he would. Madam Secretary, please read the bill.
Senate Bill 1286. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
I just ask for your affirmative support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Indicates he will yield. Senator Righter.
Thank you. Senator Jacobs, first, I want to -- I want to thank you for your comments that you made a little bit ago about some of the suggestions that were made in the Executive Committee. It’s my understanding, is the bill as it stands before the Chamber now, that…
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter, excuse me, just one second. Ladies and Gentlemen, if we could have your attention. Please -- please lower the sound level in the Chamber. It’s too noisy. Please lower it, please. Senator Righter, continue if you would, please.
Thank you, Mr. President. Senator Jacobs, it’s my understanding, as the bill sits before the Chamber, that the tax credit for the animated films is structured a little bit differently than the traditional tax credit we think of when we think of for the movie industry or whatnot. Is that correct? And can you -- can you tell me a little bit about that?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
Yes, Senator. In a traditional film, they shoot the film in like a seven-month period and then they’re eligible for the tax credits. Animation film, because it’s new and more technical and doesn’t just involve actors, but involves a lot of engineers and a lot of new engineering factories, it provides for payment in -- in quarters and -- you know, on completion of 70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 the film, ‘cause it takes three years to complete the film. So your suggestion in committee was a good one; that it ought to be a once-a-year payment. And I think that’s probably the way that we’ll move in the House, but, you know, the Film Office of Illinois will probably weigh in on that too.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Thank -- thank you, Mr. President. So, Senator, if -- it’s my understanding the reason that the bill is drafted the way it is, is because the production time for one of these animated films can be four or five times as long as it would be for the typical movie industry, and to string someone out that long, without getting any benefit of the -- of the tax credit, is the real issue here. That creates a real problem for them. And it’s your intention to see that over in the House that language is massaged somehow to make it workable for everyone and allow us to attract the -- the commerce that you’re hoping to, to your district and other parts of the State, correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
…sir, and you know, when we started this bill, it was just a -- a little local group. But it’s turned into the broadcast - - the groups and the Motion Picture Association. So we think they’re going to have a simple answer so that we can produce more films in Illinois, because -- especially animation. In my district, the company’s bought an animation studio and they’re hiring ninety people and they’re going to hire them as 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 engineers. And they’re going to stay in the district. They’re going to buy houses and they’ll be there for three to four years.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
Thank you, Mr. President. Thank you, Senator Jacobs. I simply rise in support of the bill. Clearly, this bill is not done yet, but it’s -- it’s near done and this is something that needs to be addressed with regards to the tax credit to ensure that we have the opportunity to bring these more high-end longer-lasting positions into this -- into Senator Jacobs’ district and the rest of the State. So I urge an Aye vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator Jacobs, to close.
I -- I just want to ask for your affirmative support. And I want to point out to young Members that it’s always wise to incorporate the ideas of the minority because your bill becomes a stronger bill by the time it reaches back to this Body.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1286 pass. All those in -- in -- in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1286, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1292. Senator Lightford. Senator Lightford. Out of the record. Senate Bill 1294. Senator Dillard. Indicates he’d like to proceed. Madam Secretary, please read the bill.
Senate Bill 1294. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
Thank you, Mr. President and Members. This is an initiative of the Illinois State Bar Association and it is to modernize Illinois trust law. Illinois is losing a lot of business to places like Delaware. And what we’ve done is, and what the State Bar Association has done with its experts, is take in the ideas with respect to trust laws of about thirty states. And this will help revive a trust industry in -- in the State of Illinois. It will add millions to our economy. But most importantly, it brings our trust law into the 21st century. And, again, it’s an initiative of the State Bar Association and I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1294 pass. All those 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 in -- in -- voting 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 who wish? Madam Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1294, having received the constitutional majority, is declared passed. Senator Kotowski, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
I just wanted to introduce Andrew Cichon’s mom and dad and his brother, Dorothy and Jerry and Alex. Could you please stand up? And please, everyone, give them a great Springfield welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to Springfield. Senator Pankau, for what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Mr. President and Members of the Senate, I’d like to, all of us, to welcome Amy Maher. She is an Assistant State’s Attorney in Madison County, our colleague Bill Haine’s domain. And she is here with the Illinois Lincoln Series. So please welcome her and all the other Lincoln Series ladies that have 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 joined us this afternoon.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to Springfield. Continuing on the Calendar is Senate Bill 1297. Senator Muñoz. Senator Tony Muñoz. Out of the record. Senate Bill 1305. Senator Althoff. Out of the record. Senate Bill 1306. Senator Mulroe. Madam Secretary, please read the bill.
Senate Bill 1306. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.
Thank you, Mr. President and Members of the Senate. I’m taking Senator Jacobs’ advice, we -- this is a bipartisan bill - Senator Johnson, Tom Johnson, along with sponsor Senator Jacobs. It’s the Collateral Recovery Act. It’s a bill that will create a licensure process for people in the repo or recovery system. It’ll provide training and insurance and making sure the -- you know, they -- the proper people are actually recovering cars. So I’d -- happy to answer any questions, and if I don’t know the answer, I’ll be happy to turn it over to Senator Johnson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1306 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 75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1306, having received the required constitutional majority, is declared passed. Senate Bill 1310. Senator Lightford. 1310. Senator Lightford. Out of the record. Senate Bill 1311. Senator Schoenberg. Senator Schoenberg. Out of the record. Senate Bill 1313. Senator Schoenberg. Out of the record. Senate Bill 1316. Senator Frerichs. Senator Mike Frerichs. Indicates he’d like to proceed. Senator Frerichs seeks leave of the Body to return Senate Bill 1316 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1316. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Frerichs.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
I’d like to speak on Floor Amendment No. 1 when it becomes the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate 76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Bill 1316. Madam Secretary, please read the bill.
Senate Bill 1316. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
Thank you very much, Mr. President. This defines a renewable energy production district as being an area within the boundaries of a single county that includes a municipal electric utility that owns electric generation. Counties without such a utility are ineligible for district status. This is a bill that was brought to me by constituents who want to create renewable energy districts where they can receive the benefits for their local area. They would be created by citizen initiative and a citizen referendum.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Senator Righter.
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Righter.
Senator Frerichs, what -- what is the -- what is going to be the advantage of creating one of these districts? What -- what will that do for renewable energy in the area?
PRESIDING OFFICER: (SENATOR SULLIVAN) 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senator Frerichs.
In some areas where there is not currently renewable energy products, it would create those. But this is similar to municipal-owned electric companies. There are some municipalities, like Springfield, that decided they can provide a better service to their constituents by generating it themselves. This would allow as an option for renewable energy. Most specifically, the interest has been around wind farms.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Thank you, Mr. President. Now you used a municipal utility as a -- as an example. I mean, is -- is this going to be a district whereby there’s going to be energy sufficient {sic} produced to take a certain area, a municipality, or part of a county, off the grid? Or I -- I guess -- what -- what incentives -- or, are there incentives being put forth by the -- does this allow the local area to put forth incentives by being a district? I -- I guess I’m trying to figure out what’s the draw. What makes that area then more attractive to put a renewable energy center in?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
So your first question was about taking off the grid. No, they won’t come off of the grid. I mean, the -- especially if it was wind-generated, there are times that it can’t support utilities. But it’d be part of another mix on to the grid. The 78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 real incentive here came from a township supervisor in northern Champaign County who sees great potential to perhaps reduce property tax burdens for people if we are able to generate revenue through these districts in order to help support local governments.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Senator Frerichs made a good point, Mr. President, pointing out I butchered that last question. If I could try one more time. I guess, Senator Frerichs, here’s what I’m asking is, are there going to be incentives as part of the district? I mean, what would make someone who wants to invest in an ethanol plant want to go to an area “A” that doesn’t have one of these districts, as opposed to area “B” that does have one? That’s what I’m asking is.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
Well, the -- the incentives would be if there were a felt - - if -- if -- if the citizens felt there was an ability to earn some profit to be able to lower their tax burden. I think, quite frankly, with ethanol, I don’t think you’re going to see those cropping up. Specifically, this came about as a result of some people in northern Champaign County who wanted to start a wind farm. They didn’t have the ability to. They worked with Representative Black on this. It was a bill that passed out of the House two years ago. We weren’t able to move it in Senate at the time. And I’m trying again to move this out of the 79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senate.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator Frerichs, to close. Do you wish to close? The question is, shall Senate Bill 1316 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 56 voting Aye, 0 voting Nay, 1 voting Present. Senate Bill 1316, having required -- having received the required constitutional majority, is declared passed. Senator Clayborne, for what purpose do you rise?
Point of announcement.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your announcement.
Well, I mean personal privilege. I want to introduce my -- my Page for the Day, Aria -- I’m sorry, Aria Clemmons {sic} (Bender), who is my LA’s daughter. Please welcome her to the Senate.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Senator Schmidt, for what purpose do you rise?
Personal privilege, please, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 I would like to introduce, and I just noticed, Michael Talbett, right behind you in the -- in the gallery, who was a county board member with me for years in Lake County, who is now the Village Administrator for the Village of Kildeer. Welcome, Michael. I’m so happy to see you. Will you please all give him a warm welcome?
PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guest please rise? Welcome to the Illinois State Senate. Continuing on the Calendar is Senate Bill 1322. Senator Cullerton. Out of the record. Senate Bill 1330. Senator Koehler. Senator Dave Koehler. Out of the record. Senate Bill 1337. With leave of the Body, we will return to Senate Bill 1337. Senate Bill 1338. Senator Dillard. Madam Secretary -- Senator Dillard seeks leave of the Body to return Senate Bill 1338 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1338. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Dillard.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
Thank you, Mr. President and Members. This and the next bill are works in progress. We have been working with the Governor’s Office and the Department of Corrections on the tricky issue of meritorious good time for inmates in the State of Illinois, and this will not be the last time we will see this bill. With the Governor’s Office approval, we’d like to get 81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 this bill out of here and keep it moving through the process. But this deals with notification to the Governor and to us of these types of programs. But, again, we’re negotiating. Had another meeting this morning with the Governor’s Office and would like to keep this moving through the process.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall -- that was the amendment. On the -- is there any discussion. All -- 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. Now on the Order of 3rd Reading is Senate Bill 1338. Senator Dillard, do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 1338. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
As I just explained on Floor Amendment No. 1, we’re working on the meritorious good conduct credit with the Governor’s Office and the Department of Corrections. And we want to move this over to the House and keep working on it, and it’ll be 82 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 back. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1338 pass. All those - - 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 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1338, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1341. Senator Dillard. Indicates he’d like to proceed. Madam Secretary, please read the bill.
Senate Bill 1341. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
Thank you, Mr. President. Just like the previous bill, we’re working with the Governor’s Office and the Department of Corrections, and in consultation with the House of Representatives, dealing with the early release of inmates. We need to -- we need to move this over to the House of Representatives and keep working on it and it’ll be back as the Session proceeds.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1341 pass. All those 83 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 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 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1341, having received the required constitutional majority, is declared passed. Senate Bill 1342. Senator Lightford. Out of the record. Senate Bill 1344. Senator Murphy. Senator Matt Murphy, on 1344. Madam Secretary, please read the bill.
Senate Bill 1344. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
Thank you, Mr. President. Senate Bill 1344 amends the State Officials and Employees Ethics Act, prohibiting a public service announcement on behalf of a State administered program that contains the proper name, image, or voice of a State executive branch constitutional officer or legislator from being displayed on a billboard or electronic message board. I don’t know if any of you ever heard from constituents when the “Open Road Tolling - Rod R. Blagojevich, Governor” signs were up, but I know they offended many in my district to the core. This was an issue that was crystallized by the example of our former and now disgraced Governor. I think this is a great example of legislation that we can all go back and tell our constituents we learned something from that endeavor, we are going to change 84 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 that, and we’re taking the names off. Your tax dollars aren’t for people’s personal advancement. Be happy to take questions, but appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1344 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1344, having received the required constitutional majority, is declared passed. Senator Cultra, for what purpose do you rise?
To a point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Yeah, I’d just like to welcome Mary Jo Reik, from Urbana. She’s part of the Lincoln Series. And if we’d all give her a warm Springfield welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to Springfield. Will our guest please rise? Welcome to Springfield. Continuing on the Calendar is Senate Bill 1349. Senator McCarter. Out of the record. Senate Bill 1352. Senator Schoenberg. Senator Schoenberg. Out of the record. Senate Bill 1353. Senator Schoenberg. Out of the record. Senate Bill 1357. Senator Wilhelmi. Madam Secretary, please read the -- the bill. Senator Wilhelmi seeks leave of 85 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 the Body to return Senate Bill 1357 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1357. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Thank you, Mr. President. The amendment becomes the bill and I’d be happy to discuss it further on 3rd Reading.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, Senator -- is Senate Bill 1357. Senator Wilhelmi. Indicates he’d like to proceed. Mr. Secretary, please read the bill.
Senate Bill 1357. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
86 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Thank you, Mr. President. Senate Bill 1357, as amended, makes several changes to Compliance Commitment Agreements under the Environmental Protection Act. Those include the following: Number 1, it imposes a three-thousand-dollar penalty for violation of a Compliance Commitment Agreement; number 2, it provides that if there’s no response to a proposed Compliance Commitment Agreement within thirty days, it’s deemed rejected; number 3, it provides that either a -- a CCA or notice should be given to the violator in the event that the Illinois Environmental Protection Agency does not want to go forward with a CCA; and finally, it makes successful completion of a Compliance Commitment Agreement a factor to be considered by the Attorney General’s Office when she is deciding, and her office is deciding, whether to bring a lawsuit against the violator. I want the Body to know that we engaged in extensive negotiations and discussions with the regulated community, with the Attorney General’s Office, with the Illinois Environmental Protection Agency. I think this is a good solid bill. All the -- the folks that are not listed as proponents are neutral and -- and therefore, I think, this a good bill. We should all vote a green and I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Righter.
Senator Wilhelmi, you said that there have been expansive - 87 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 - or, talks with a number of groups, including the regulated community. How does the regulated community feel about this bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Senator Righter, the regulated community has slipped the bill -- or the amendment, in committee, as neutral. Been dealing with folks like Todd Maisch from the Illinois Chamber, Patrick Evans from the Illinois Energy Association, the refineries that are located near my district, which would be ExxonMobil and CITGO; talked to folks from Dynegy and Midwest Generation. We really did engage in meaningful and -- and extensive negotiations. Their biggest concern, and what we were able to provide in this bill, is that the Attorney General will have to look at compliance with -- with these agreements as a factor in determining whether to file a lawsuit after a CCA is negotiated and entered into.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
It’s my understanding, Senator, that in compliance -- that one of these cannot be resolved without the involvement of the Attorney General. And I want to ask, a, if that’s true, and if it is, why? If -- why can’t the agency deal directly with, you know, someone who may be an alleged violator?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
88 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Thank you, Senator. There’s two issues, actually. I want to make sure the Body is aware that the amendment -- the bill, as amended, says three-thousand-dollar penalty. We are going to take that over in the House, if it passes today, and reduce that to two thousand dollars. So I want to make that point clear. And number 2, with regard to the negotiations between the regulated communities - so let’s say the alleged violator and the agency - those are the only two parties that are engaged in negotiations with regard to a Compliance Commitment Agreement. And if there is, in fact, a negotiated CCA, then the agency is prohibited from sending that on to the Attorney General. It’s only when there’s a violation of the CCA that the Attorney General’s Office can come in and file a lawsuit. So I hope I’ve answered your question. And -- and again, this is very sensitive because we want to be supportive of our employers, we want to be supportive of our businesses. But as even some of the folks in the regulated community have said to me, if we violate the CCA, then it’s fair to move that issue to the Attorney General’s Office and it’s also fair to assess a reasonable penalty. We were at ten thousand when we started; we’re down to two thousand. We’ll make that change in the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Mike Jacobs.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Jacobs.
89 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senator, is there anything that the Attorney General doesn’t do in Illinois? I mean, it’s becoming apparent to me that she’s -- or, whoever is there is going to be a very busy person. They’re in charge of regulating utilities, they’re in charge of seniors. I mean, it’s coming close to the -- the -- Governor -- Office of the Governor. Do you think this is really an appropriate time to expand a statewide constitutional office when we’ve really kind of cut back on those kind of dollars?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Senator, under current law, the Attorney General’s Office has jurisdiction on this issue and on these alleged violations. So, under current law, if a CCA is negotiated and entered into between the Illinois Environmental Protection Agency and the -- and the employer, the alleged violator, she is -- the Office of the Attorney General is not involved in those negotiations, currently. So what this does is it modifies the Act so that CCAs are actually more meaningful, so that they have more of an impact. It sends the right message to the US EPA, which is also a concern for our State. And -- and so, at the end of the day, I don’t believe that this is expanding the -- the authority or the powers of the Attorney General’s Office. And, in fact, with that last provision that I mentioned, that the Office must take into consideration compliance with these agreements as a factor, is something that the regulated community favors.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Pankau.
90 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Pankau.
If I remember this correctly from committee, if -- if a business has a violation of some sort and the business says “Yes, I’m going to clean it up” and the EPA and the business agree they’re going to clean it up and this is how they’re going to do it, the penalty you’re talking about only comes into play if they don’t clean it up. Is that correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Yes, Senator. So if there’s continuing violations after the CCA is executed and negotiated, then the two-thousand-dollar penalty would kick in, not before.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Pankau.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
I urge an Aye vote on this bill. We want business to clean things up, and if they agree to do it, then they should do it. Right now there’s no hammer to say you got to do it - you agreed to do it, so now do it. And I believe this is a really good bill. I urge an Aye vote. 91 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Further discussion? Seeing none, Senator Wilhelmi, do you wish to close?
I just simply ask for your vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1357 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? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1357, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1360. Senator Mulroe. Senator Mulroe seeks -- Senator Mulroe seeks leave of the Body to return Senate Bill 1360 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1360. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment 2, offered by Senator Mulroe.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe, on Amendment 2.
Mr. President, Members of the Senate, the amendment becomes the bill. I’ll be happy to explain it on 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further 92 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1360. Senator Mulroe, you wish to proceed? Indicates that he would. Mr. Secretary, please read the bill.
Senate Bill 1360. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.
Thank you, again, Mr. President, Members of -- of the Senate. This is a -- we’re -- we -- I had a bill that required the Secretary of State to look into corporate-sponsored license plates, if it provided a discount to the motorist and made money for the State. Rather than push too fast, what I’ve done is ask the Secretary of State to do a feasibility study, with the hopes that it will provide a discount to motorists and provide additional revenues to the State. So I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1360 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? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 1 voting Nay, 0 voting 93 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Present. Senate Bill 1360, having received the required constitutional majority, is declared passed. Senate Bill 1361. Senator LaHood. Mr. Secretary, please read the bill.
Senate Bill 1361. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: Mr. President and Members of the Senate, I rise today in support of 1361. This bill is a continuation of the Illinois Motor Vehicle Theft Prevention Act. This Act was passed in 1990 and has been in place for approximately twenty years. It is currently set to sunset in January of 2012. This bill extends the Act for another four years. This particular legislation is funded by a one-dollar fee on every automobile policy in the State. That money is then put into a fund to help fight auto theft. There is a council put together that is made up of law enforcement and prosecutors and insurance companies. That council meets regularly to disburse this money throughout the State to help fight auto theft and the prosecution of people that commit auto theft. I would be happy to entertain any questions or comments from my colleagues.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on Senator LaHood’s first bill? Senator Koehler, for what purpose do you rise?
Thank you, Mr. President. Question of the sponsor. 94 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Koehler.
So help me understand this. This has to do with auto thefts, so it’s -- it’s based on cars?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: Yes, Senator Koehler, this is a bill that helps prevent auto thefts in the State of Illinois.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
And, Senator, where -- where do cars travel? What -- what do they use to travel on?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: In my Senate district, they usually travel on roads.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
And what kind of roads might be included? Would they be local county roads or even State roads or federal highway systems?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: I think all of the above, Senator Koehler. 95 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Would this perhaps be a conflict of interest? Isn’t -- isn’t there a family member who is in charge of federal highways and transportation systems?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: Yes, there may be a conflict there and I -- maybe you want to refer that to somebody, Senator Koehler, to have ‘em look into it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
To the bill, Mr. President. I think we need an investigation on this. But I just want to welcome my -- my colleague and my good friend, Darin LaHood, to the Senate.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Bill Haine. Senator Haine.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will, reluctantly, yes. Senator Haine.
So we have a bill here, and you’re from Peoria. Is that correct, Senator?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. Senator Haine. 96 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
It says that this -- this establishes an eleven-member council and this council is appointed by the Governor, but it requires various police agencies to belong. And it says that they shall serve without compensation, right?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: That’s my understanding.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
As we read further, as always in Illinois, it says, “however”, and that’s always the best part of every bill - “however”. They will be reimbursed for quote, “reasonable expenses incurred”. Senator, I -- Senator, the people of Illinois demand a cap on these expenses. Do you have any plan to define reasonable expenses? We know how things are in Peoria, with your current State’s Attorney and your former Sheriff George Shadid. We know how things go in Peoria. People of Illinois want a cap. They want a definition. Do you have any?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: Senator, there is no cap in this particular legislation. However, my understanding is that, over the last twenty years, those expenses have not been unreasonable.
PRESIDING OFFICER: (SENATOR SULLIVAN) 97 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senator Haine.
Well, Senator LaHood, I appreciate that vague answer. You will make a fine Member of this Senate and I will do everything I can to assist you in defining the word “reasonable” in the coming years. Thank you, sir.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Further discussion? Senator Murphy.
A question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Murphy.
Thank you. Thank you. Now, Senator LaHood, this is -- this -- this is an auto theft bill? Do you have some area of expertise with regard to auto theft?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: I do not.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
Well, if you’re not an expert on the bill, why are you carrying a bill about auto theft?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: The bill came through my Transportation Committee. And in 98 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 terms of law enforcement being supportive of this, the -- there are seven task forces around the State setup to fight auto theft, and there is one in Peoria. It’s headed by the Bartonville Police Chief. He has contacted me and expressed his support for the bill. And so I became familiar with it through him and also through Senator Millner on the Transportation Committee.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
Senator, I can recall my first bill and being nervous and I -- I can appreciate why you might be. You know, I just feel compelled, though, to remind you you’re under oath and just want to give you one last chance, if there’s something you want to get off your chest about this whole your history with auto theft issue.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: I don’t have anything to get off my chest at this time, Senator Murphy.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
One last area, I thought it was interesting your response to Senator Koehler’s question about what -- what cars are driven on -- auto are driven on. And you said, in response to Senator Koehler’s question - in my district, they’re ridden on roads. And I was wondering if you were suggesting, somehow, that in 99 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senator Koehler’s district - which if I recall correctly, in the current map, is right next to yours, but may in the next map include yours - if you were suggesting somehow that the people of Senator Koehler’s district don’t drive on roads.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: That’s a very good point and I may want to reconsider those comments in the future, Senator Murphy.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
To the bill: Darin we are glad to have you here, you’re a tremendous addition. We miss your predecessor, as we miss a lot of the people who have left here. But you’re a breath of fresh air for this place. We’re glad to have you with us. And I encourage an Aye vote on the Senator’s first bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Bivins.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Bivins.
Senator, don’t you think it’s a little presumptuous to hold a press conference before you’ve even passed your bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: 100 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 I have not held a press conference thus far, Senator Bivins.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
Apparently you have scheduled one, because I’ve got an e- mail right here. It says “Join LaHood, Quinn and other Leaders at the Illinois Distracted Driving Summit.”
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins. Excuse me, Senator LaHood. SENATOR LaHOOD: I will not be participating in that press conference.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
So, you’re going to blow off the Governor then? You’re just going to ignore him? Is that -- that the problem?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: I stand by my statement. I will not be participating in the press conference.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
But this does have your name here, Senator LaHood. You’re hanging out with the Governor, holding a press conference. Distracted driving - is -- is that not what the bill’s about?
PRESIDING OFFICER: (SENATOR SULLIVAN) 101 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senator LaHood. SENATOR LaHOOD: This bill is about auto theft and I’ll be happy to talk to you later about that other press conference.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
What LaHood are they talking about?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: There’s -- there’s many LaHood’s in Peoria. It could be -- it could be a lot of different ones.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
Could you be a little more specific?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: I’ll have to look a little further at what your press release says there, but I -- I think I may know who you’re talking about.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
And -- and who would I be talking about?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. 102 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 SENATOR LaHOOD: It may be the Secretary of Transportation.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
Whose name is what?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: Last name is LaHood, yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
Never heard of him. Senator, welcome, you’re a great asset to the Senate. Enjoy working with you and look forward to working in the future.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Kotowski.
Thank you very much. Thank you, Mr. President. To the bill, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
You know, I -- I’m very troubled by this legislation here, just for a number of reasons. You seem like a really decent person. We’ve talked and you just -- people say great things about you, but the Chief, Senator Millner, never gives up bills. I’ve never seen him give up a bill once. And if it’s a bill 103 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 that’s to someone’s advantage, I’ve never seen him do that. So I’m worried about that, that he’s given you a bill that’s going to hurt your career. Sometimes Millner’s been known to do that - kind of a secret. Look, he’s got his back turned to you. He’s not even covering you right now. He doesn’t care. See? That’s an example of Millner not caring. The other thing is, I’m really worried about this bill ‘cause it just seems like a big government, pro-tax, additional expenditure bill. There’s eleven members on the council. I think that’s too much. Why are there eleven members on the council? Why not six? You got a lot of members of bureaucracies involved here. You got -- so look at this, you got the State’s Attorney of Cook County, the police department, you got -- you have just a whole group of seven people appointed by the Governor. Why seven people? Why not four? Why not -- I don’t understand, why eleven?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: Senator Kotowski, I appreciate your comments on that. The eleven-member council was setup in 1990 when the bill was originally passed. And as I mentioned before, this is a very good public-private partnership, because there are no taxpayer funds used at all. This is money that comes from the insurance companies and -- and so the -- my understanding is, the eleven- member council has worked effectively and efficiently over the last twenty years.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
104 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 I’m glad you brought that up, because I have a question for you about -- about the number of vehicles -- thefts that have been reduced. Do you have figures on that? Since this bill has been your -- you want to continue it, but have we reduced vehicle theft in the State of Illinois?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: When the task force was established in 1990 - 1991, there was close to eighty thousand vehicle thefts in the State of Illinois. Since that time, the last figures we used, 2009, we reduced it by sixty-eight percent. We’re now at a figure of about thirty-four thousand auto thefts in the State of Illinois. So it’s drastically come down. We’re obviously not there yet and still have a ways to go.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
I just think that’s false. I -- I don’t know where you get your information from. I don’t know where -- you know, I had a car that was stolen just a couple of weeks ago. I know a lot of people get cars taken. I -- I don’t know where your figures are coming from. Did COGFA look at this? I mean, what kind of analysis was done? Did the Auditor General look at this bill? This is very troubling to me and I want theft to be reduced. And to the previous point about reasonable expense, did you say the insurance industry is paying for the reasonable expense or is taxpayers?
PRESIDING OFFICER: (SENATOR SULLIVAN) 105 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senator LaHood. SENATOR LaHOOD: The -- the expenses that Senator Haine mentioned, those reasonable expenses, are paid for by taxpayers.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
That’s what I thought, another big government, pro-tax bill proposed by your side of the aisle. Well, I, for one, am not going to stand for it. All right? Not going to support -- more revenue, more big government, more spending. I like you; I just can’t stand this bill. Okay? You’re a good man. Good luck to you. Welcome to the General Assembly.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Jacobs.
Point of information, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please ask your question.
I want everyone to realize that young Senator LaHood is a resident of my district. He grew up in Rock Island County. His father was my catechism teacher. He later went on to work for Bob Michel. And then later, he was elected to the Congress himself. Was standing with the gavel, the last time I saw him. Then he was appointed by the President to the head of Transportation. And thank God that the LaHood family moved out of Rock Island County, because I wouldn’t want to face you. But I would ask one solid question. Is there a single road in 106 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Peoria that hasn’t been paved?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: There are several roads in Peoria County that have not been paved.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Raoul.
Hi, Senator. How are you?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he’s okay. Senator Raoul.
You know, Senator Millner is a friend of mine. I’m wondering, is there a provision in your bill to prevent bill theft? Is there?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: Not that I’m aware of.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.
Would you consider pulling your bill out of the record so we can get that provision in there? Or do we have to make a change in the rules because of your bill theft of Senator Millner’s bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. 107 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 SENATOR LaHOOD: The answer is no.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.
I’ve got about five more questions. No, I’ve -- I’ve got a question about the council and its composition. I see that there’s a member from the State’s Attorney, the Superintendent of Police and -- and Director of State Police. Is there anybody from the chop shop industry on the council?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: By the chop shop industry, what are you referring to?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.
Well, I -- I -- I assume that when automobiles are stolen, they go somewhere and there’s an industry in the State of Illinois. And being on your side of the aisle, I know you’re for keeping business in the State of Illinois and -- and I know you don’t want all the chop shops to move to Indiana, Missouri or Wisconsin. You want to keep them here in the State of Illinois. Is your bill a bad business bill for the State of Illinois?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: I think my bill is a very good business bill and I don’t 108 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 think there was any consideration to having anybody from chop shops on the council.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.
I -- I’d like to encourage all red buttons on this bill. These are jobs. Jobs leaving the State of Illinois. And I hear it time and time again, and you’ve heard me talk about it again and again, this is pure hypocrisy. We cannot chase these jobs out of the State of Illinois. I encourage a No vote on this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Our last speaker, Senator Dillard.
Thank you, Mr. President. I haven’t seen this much hazing since I was a freshman at a fraternity in Macomb, in your district, at Western Illinois University. Senator LaHood, have you thought about it? I mean, if you really cared about your district, why don’t you amend this bill so that it says that the theft of bulldozers or earth moving machines by other governors or other countries is illegal?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: Well, Senator Dillard, I appreciate your suggestion, and maybe after the recent issue that came up between the Chairman of Caterpillar and our Governor, that would be a good suggestion. So, at this time, I’ll take it under advisement and maybe consider it at a later time. 109 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
Senator, I’m not an expert on stealing cars, but, to steal one, do you have to look under the “LaHood”?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: I have no response to that.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
See if we have a response to your bill, Senator. Thank you, and welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1361 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 who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1361, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1372. Senator Luechtefeld. Senator Luechtefeld seeks leave of the Body to return Senate Bill 1372 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1372. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Luechtefeld. 110 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
Thank -- thank you, Mr. President and -- and Members of the Senate. I would like to point out, this is not my first bill. But I will -- I’ll explain the amendment when the -- on the 3rd Reading. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1372. Mr. Secretary, please read the bill.
Senate Bill 1372. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
Yes, thank you, Mr. President. Senate Bill 1372 provides immunity for those who donate medical equipment or medical supplies to a veterinarian school or a licensed veterinarian for use by the veterinarian school or by the veterinarian. The amendment to that bill basically clears up a couple of things. 111 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 First of all, it does not give immunity to corporations; and secondly, when it talks about medical supplies, it does not talk about medication. This kind of clears up some of the concerns in the -- the -- that were had in the committee.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1372 pass. All those in favor will vote Aye. Opposed, Nay. The -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1372, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1377. Senator Radogno. Out of the record. Senate Bill 1381. Senator Sandoval. Out of the record. Senate Bill 1394. Senator Jacobs. Mike Jacobs, on Senate Bill 1394. Mr. Secretary, please… Mr. -- Senator Jacobs seeks leave of the Body to return Senate Bill 1394 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1394. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Jacobs.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs, on your amendment.
Thank you. I’ll explain the amendment on -- on 3rd Reading, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) 112 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Jacobs.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs, on Amendment 3.
Thank you, Mr. President. I want to thank Senator Garrett. We’ve been -- in front of her committee three times and finally we moved this bill through. This is a bill regarding self- storage facility and making delivery times and late fees clearer and more -- more transparent. Ask for your favorable support.
PRESIDING OFFICER: (SENATOR SULLIVAN) 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. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1394. Senator Jacobs wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 1394. (Secretary reads title of bill) 3rd Reading of the bill. 113 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
1394. Oh, thank you, sir. I just ask for your favorable consideration. I’m a little confused.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any questions? Senator Pankau.
Thank you, Mr. President. To the bill: I want to commend Senator Jacobs. He worked very, very hard on this bill, listening to the concerns as they came up and really zeroing in and concentrating on both the rights of the people that own property in the storage units as well as those rights of the owners of the storage units when it’s just left there. So I urge an Aye vote on this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any other discussion? Further discussion? Seeing none, the question is, shall Senate Bill 1394 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? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1394, having received the required constitutional majority, is declared passed. Senate Bill 1396. Senator Jacobs. Indicates he’d like to proceed. Mr. Secretary, please read the bill.
Senate Bill 1396. (Secretary reads title of bill) 114 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
Thank you, Mr. President. This allows us to continue with the Illinois Commerce Commission on our -- oh -- for educational material for residential and small commercial customers. We’ve been very successful; we just need to extend this.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1396 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? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1396, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to page 47 and Senate Bill 1311. Senator Schoenberg. You wish to proceed? Indicates that he would. Mr. Secretary, please read the bill.
Senate Bill 1311. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1311 takes the already established Live and 115 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Learn Fund, which we use to fund portions of the library and literacy grant programs, as well as the organ donor program, and it transfers a portion of the money and sets limits on the amount of money that could be transferred directly for title registrations and transfers into the Live and Learn Fund. The amendment -- it’s been amended and there’s no opposition to this. It’s an initiative of the Secretary of State and I urge your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1311 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? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 1311, having received the required constitutional majority, is declared passed. Continuing on the Calendar is -- is Senate Bill 1313. Senator Schoenberg. Indicates he’d like to proceed. Mr. Secretary, please read the bill.
Senate Bill 1313. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1313 is a vehicle bill. The underlying 116 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 bill, which was an initiative of the Department of Insurance -- in consultation with our colleague, Senator Haine, the Chairman of the Insurance Committee, we’re going -- we would like to send this over to the House to arrive at some agreed changes to the CHIP plan to ensure its financial stability. And as I said, we would be considering this once again. I’m going to work with Chairman Haine to ensure that we have a consensus. I urge your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Righter.
Senator Schoenberg, considering the fact that -- that what you’re asking this Body to do is concur in -- in a shell bill, can you give us some more details about what you expect this legislation to come back as?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.
You know what? I’d like to hand off that question to Senator Haine, if you don’t mind.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Thank you, Mr. President. And in -- in response to your question, this will be, hopefully, a general view to improve the 117 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 insurance environment, and as -- and as Senator Schoenberg indicated, to provide financial stability to the CHIP program. There is -- I -- I want to add, there is no opposition to this bill among those who are going to pay the -- the -- the assessment.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
I’m not sure, should I be asking questions of the sponsor or Senator Haine, Mr. President?
PRESIDING OFFICER: (SENATOR SULLIVAN) It looks like it’s your pleasure. Senator Righter.
Well, let’s take turns. Senator Haine, financial stability and something about the insurance market, which obviously are -- those -- those phrases you used are not something you would find in a bill. And you mentioned that there was no opposition. I think you meant to the underlying bill, which of course has been removed by the amendment that makes this a shell. So, there’s no opposition. That’s -- that’s true, but that’s -- part of that is because nobody knows what it is. So, I -- I need a little more specificity. I think, for -- for our security over here, we’d like to know a little more about what’s happening, considering you have the ability to extend a deadline and put some substantive language in here.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter, to answer your earlier question, Senator Schoenberg did yield to Senator Haine, so, yes, to Senator Haine. Senator Haine. 118 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
Thank you. There are a number of moving parts here, and this is one of them. The exchange bill is part of it. There’s a number of moving parts, which are -- have not stopped moving, and the CHIP assessment is part of it. We need to move this bill to the House as a shell bill. There was opposition to the underlying bill. The insurance industry does not have opposition to the concept of moving a shell bill. There may be one company that has some doubts, but the vast majority that I’ve spoken with are in favor of moving this bill to the House and continuing the discussions that may entail a CHIP assessment being fully passed to the insurance industry.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
I think that Senator Haine, as always, is right on the money. This part clearly is still moving. I was always taught, when I was a child, not to try to get on a ride while it was still moving. As such, I would urge the Members to vote No.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Further discussion? Seeing none, the question is, shall Senate Bill 1313 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? Mr. Secretary, take the record. On that question, there 119 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 are 31 voting Aye, 23 voting No, 0 -- 1 voting Present. Senate Bill 1313, having received the required constitutional majority, is declared passed. With leave of the Body, we will go down to the bottom of page 47, is Senate Bill 1352. Senator Schoenberg. Indicates he’d like to proceed. Mr. Secretary, please read the bill.
Senate Bill 1352. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. You may recall that, a few years ago, we made some -- on -- on a trial basis, we set out some outlines for design -- for design-build, where on building construction projects, we gave it a -- we gave it a certain time period for the Capital Development Board to meet certain specifications. One of those things applied to work that was here in the -- that was here in the Capitol Building for the HVAC. We have found by having that trial basis that there has been significant savings and, therefore, we want to expand the scope for the Capital Development Board a bit more on this successful contract -- successful provision so that we can have a single prime contractor complete this type of project. Thank you. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator McCarter. 120 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator, will this increase or decrease the number of bids?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.
I think that would vary based on the number of projects. What it would -- the one thing that we know it would do is that it significantly would reduce the amount of savings and reduce the cost for each of these capital projects.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: The -- the information that I received shows -- is giving the examples of bids that have been itemized to where, for instance, the general contracting of seven, heating of eleven, electrical six, totaling about thirty bids, could be reduced to as few as two and the cost would increase. Now, I -- I mean, is somebody -- you know, in this one case, for the University of Illinois molecular biological lab, it was a difference of over two million dollars. Is -- have I got bad information or is this correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.
First of all, I want to apologize. I’m -- on a couple of 121 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 occasions mentioned design-build; I meant to say single prime. I’ve a separate bill that deals with design-build. This initiative, to address your question more directly, the Capital Development Board has pointed out that during this brief period that we’ve done this, over a four-year period, we’ve had several projects totaling thirty-five million dollars in value, which have come in on schedule with no claims. And as a result of using this procurement method, the change orders -- the amounts have been as low as one to three percent. And, you know, in contrast, the current multiple prime bidding project delivery method tends to average seven and a half percent. So, in order to drive down the number of change orders, in order to drive -- which will in turn drive down the overall costs, we have had several successful illustrations of this and we would like to expand this -- scope of this a bit more.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: To the bill: It -- it just appears to me that we -- we’re putting ourselves in a position of less -- less competition, rather than more. Competition is always good, especially in a market like we have today. And I think perhaps we’re looking at different information, but the information I’ve seen shows that there -- this will reduce competition and increase costs and I think this is not a good time to be doing this. I just urge a No vote. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Further discussion? Senator Schoenberg, to close. 122 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
Thank you. By having a limited expansion of the single prime initiative for the Capital Development Board, we’ve already seen how it’s driven down costs by reducing, greatly reducing, change orders. We’re not lifting this entirely. We’re asking to expand the scope of it for a finite period of time so that, during this difficult budget climate for all public entities, we can realize greater cost savings through fewer change orders. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1352 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? Mr. Secretary, take the record. On that question, there are 35 voting Aye, 18 voting Nay, 0 voting Present. Senate Bill 1352, having received the required constitutional majority, is declared passed. Senate Bill 1353. Senator Schoenberg. Out of the record. With leave of the Body, we will turn to the middle of page 48 to Senate Bill 1407. Senator Sandack. Senator Sandack. Out of the record. With leave of the Body, we will turn to the middle of page 49 and Senate Bill 1427. Senator Syverson. Senator Syverson seeks leave of the Body to return Senate Bill 1427 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1427. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Syverson.
PRESIDING OFFICER: (SENATOR SULLIVAN) 123 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senator Syverson, on your amendment.
Thank you, Mr. President. This amendment just adds equestrian rider plates to the list of plates that we’ve passed already this year.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1427. Indicates he’d like to proceed. Mr. Secretary, please read the bill.
Senate Bill 1427. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.
Thank you, Mr. President. This legislation is on behalf of the equestrian industry and the other horse industries that have asked for an equestrian plate to be offered. And I know of no opposition and would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any -- is there any discussion? Is there any 124 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 discussion? Seeing none, Senate Bill -- the question is, shall Senate Bill 1427 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 52 voting Aye, 3 voting Nay, 0 voting Present. Senate -- having received the -- Senate Bill 1427, having received the required constitutional majority, is declared passed. Continuing down the Calendar to Senate Bill 1435. Senator Righter. Indicates he’d like to proceed. Mr. Secretary, please read the bill.
Senate Bill 1435. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Senate Bill 1435 would extend the City of Lawrenceville’s tax increment financing district by five years. All of the affected taxing bodies have sent paperwork in - a copy of which I believe your staff has as well, Mr. President - indicating their support for the extension. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1435 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 125 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1435, having received the required constitutional majority, is declared passed. Continuing -- with leave of the Body, we will turn to page 50 and Senate Bill 1464. Senator Righter. 14 -- Senate Bill 1464. Out of the record. Senate Bill 1465. Senator Dillard. Senator Dillard, on 1465. Senator Dillard, did you indicate -- out of the record. Senate Bill 1466. Senator Righter. Out of the record. With leave of the Body, turning to page 51, three down from the top is Senate Bill 1470. Senator Tom Johnson. Senator Johnson seeks leave of the Body to return Senate Bill 1470 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1470. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Tom Johnson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.
Thank you. Floor Amendment No. 1 is a request from the Prisoner Review Board that -- it grants to the Prisoner Review Board the authority to continue parole hearings up to five years. Currently, it is three years.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in -- all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration? 126 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1470. Mr. Secretary, please read the bill.
Senate Bill 1470. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Tom Johnson.
I would just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1470 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? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1470, having received the required constitutional majority, is declared passed. Senate Bill 1471. Senator Tom Johnson. Indicates he’d like to proceed. Senator Johnson seeks leave of the Body… Senator -- on Senate Bill 1471, Senator Johnson seeks leave of the Body to return Senate Bill 1471 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1471. Mr. Secretary, are there any Floor amendments approved for consideration?
127 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Floor Amendment No. 1, offered by Senator Tom Johnson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.
Yes, thank you. This amendment, again, is a request from the Prisoner Review Board. And this bill would provide that the Prisoner Review Board shall not release any material containing information from victims or victims’ families who have permit -- submitted parole objections to the Board to outside third parties.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1471. Mr. Secretary, please read the bill.
Senate Bill 1471. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Tom Johnson.
I would request an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) 128 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1471 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? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1471, having received the required constitutional majority, is declared passed. With leave of the Body, we will go down the page to Senate Bill 1490. Senator Pankau. Out of the record. Bottom of page 52 is Senate Bill 1527. Senator Pankau. Out of the record. Top of page 53 is Senate Bill 1533. Senator Jacobs. Mr. Secretary, please read the bill.
Senate Bill 1533. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
Thank you, Mr. President. Senate Bill 1533 will allow MidAmerican Energy to provide flexibility and explore economical ways to meet electrical needs for Illinois customers for years to come. And I believe this bill is something that we can all support. I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any questions? Is there any discussion? Seeing none, the question is, shall Senate Bill 1533 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. 129 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 1533, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1539. Senator Martinez. Senator Martinez seeks leave of the Body to return Senate Bill 1539 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1539. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment 3, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez, on Amendment 3.
Thank you, Mr. President and Members of the Senate. The Amendment No. 3 just adds an exemption. I’ll be happy to discuss the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1539. Mr. Secretary, please read the bill.
130 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senate Bill 1539. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.
Thank you, Mr. President and Members of the Senate. Senate Bill 1539 is an initiative of the Department of Financial and Professional Regulations {sic} (Regulation) and it creates the Appraisal Management Company Registration Act. The Act requires registration for appraisal management companies with the Department of Financial and Professional Regulations {sic} and permits the Department to regulate registration qualifications and disciplinary proceedings. The Act sets standards of practice and provides that existing appraisal management companies may continue to practice until the Department adopts rules implementing the Act. After adoption, companies must apply for registration within a hundred and eighty days after the effective date. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator McCarter. SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator McCarter. SENATOR McCARTER: Senator, are the -- the Illinois Bankers Association, are they still in opposition to this bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) 131 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 Senator Martinez.
Yes. Senator McCarter, we have reached out to them for them to give us an amendment, or whatever the case. They have not responded. I -- I -- I hope that, you know, that if there is something, that -- that it’s going to come over from the House or they can amend it in the House. But, right now, we’ve asked for their information, we’ve tried meeting with them, to no avail, so we just -- I’m going to run the bill the way it is.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: But will these -- new regulations or -- increase costs to appraisers?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.
No, it will not. It just creates the Act.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: Nothing else. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, the question is, shall Senate Bill 1539 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? Mr. Secretary, take the record. On that question, there are 43 voting Aye, 10 voting Nay, 2 voting Present. Senate Bill 1539, 132 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 having received the required constitutional majority, is declared passed. Turning to our Supplemental Calendar No. 2, the Order of -- or, excuse me, is -- yes, Resolutions, is Senate Resolution 168. Senator -- Senate President Cullerton. Do you wish to proceed? Indicates that he would. Mr. Secretary, please read the bill {sic}.
Senate Resolution 168, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR SULLIVAN) President Cullerton.
Yes, thank you, Mr. President, Members of the Senate. This rule change passed unanimously out of the Executive Committee. It has to do with sponsorship of bills. The current rule says that the House sponsor of a bill originating in the House may request substitute Senate sponsorship of that bill by filing a notice with the Secretary; that notice shall automatically be referred to the Committee on Assignments and deemed adopted if approved by the Committee on Assignments. So right now we have a situation where if a House sponsor wants to change sponsorship, they can do so by requesting the Committee on Assignment to make that change. This rule changes that rule so that it will be identical to the practice that the House has already adopted. So it requires the Committee on Assignments to act on any request to substitute a Senate sponsor of a House bill within three Session days, excluding perfunctory Session days. If the Committee on Assignments fails to act within three Session days, the request is deemed approved and the Senate sponsorship shall be switched to the substitute Senate sponsor 133 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 designated by the House sponsor. Now what this rule change means is, for us in the Senate, if you pass a Senate bill, right now you -- you’re at the mercy of the House Rules Committee as to whether or not you can get a change in sponsorship. Under this rule being adopted, you as a Senate sponsor can pick your House sponsor. And with that, I’ll be happy to answer any questions and urge that we pass the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Senator Jacobs.
Question of the sponsor, I believe.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Jacobs.
In -- in deference to the Senate President, I’m going to try to keep remarks level-headed. But I want my Members on both sides of the aisle to know what you’re doing here. You’re giving away a long held principle in the Illinois General Assembly that’s over a hundred and fifty years old, and we’re going to change it so that the Speaker of the House has more power in this Chamber. If you vote for it, know what you’re voting for. It is a major change in the way that we’ve done business and -- and our customs. And I did notice that when our bills go to this new committee that the only person who can decide if it moves forward or doesn’t move forward is the President. If it’s good enough for the President of the Illinois Senate to decide what bills should proceed, it’s good enough for every Member in this Body. 134 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Murphy.
To -- to the resolution, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the resolution.
I appreciate the previous spirited defense of the institution and its history, but I -- I concur with the President on this. The concept of bill-jacking, I mean, how many people here -- you -- you pass a bill through this Chamber. You believe in what you’re doing. You think you’re going to make an impact and somebody on the other side decides that they don’t agree and one person, unilaterally, in one Chamber or another, gets to thwart the will of the majority of the other Chamber. Whether it’s us doing it to them or them doing it to us, it’s not right. It’s not consistent with democracy. It’s the kind of game playing that people back home are tired of. I commend the President and the Speaker for getting together on this ‘cause I -- it’s the right thing to do. And I encourage, on our side, an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Dillard.
Thank you, Mr. President. Along the lines of Senator Murphy, this is a legitimate attempt by the Senate President to improve the -- the rules of -- of this Body and to preserve our rights as rank-and-file Members to be able to control the destiny of our own bills that we actually might care about. 135 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 And, you know, this -- and I understand and I concur with Senator Jacobs about giving more power to the House, but this has to correspond to what the House does. And it’s sort of like a -- a nuclear arms truce between the two Chambers. I don’t like bill-jacking. I’ve never liked the process. But this is a legitimate attempt, I think, to -- to end it and to make sure that if you do have something that you really care about, that there’s a way to let you carry your idea forward. And it’s a good step forward. I wish we didn’t have to do this, but I give the Senate President kudos for trying to figure out how to stop this practice that I don’t like.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Seeing none, Senator -- President Cullerton, to close.
Yes, thank you, Mr. President. Just to -- to clarify once again, the House has already adopted this amendment, this rules change. So we are -- we are complementing their rule change, which allows us to do what we’re allowing them to do over here. And secondly, I -- I read the existing rule to point out the fact that right now the -- the Committee on Assignment {sic} (Assignments) has the right to change sponsorships. We haven’t done it. We’re giving it from that Committee back to the individual Members. So it’s the individual Member, the rank- and-file, who is -- being more empowered as a result of this rules change, which has already been adopted. It clearly doesn’t give any more power to the House than it does to the Senate ‘cause we’ve both adopted the same rule. So, I would ask for an Aye vote. Thank you. 136 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Resolution 168 pass. All those in -- in -- voting 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 who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 1 voting Nay, 0 voting Present -- Present. Senate Resolution 168, having received the required constitutional majority, is declared passed. Senator Schoenberg, for what purpose do you rise?
Thank you, Mr. President. Earlier this afternoon, on Senate Bills 3rd Reading, Senate Bill 1259, I was here in the Chamber and was not able to get back to my switch in time. I wish to be recorded in the record as would have -- voting Aye. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so reflect your intentions. Senator Link, for what purpose do you rise?
Thank you, Mr. President. I pushed my button on the previous bill and it didn’t record. I want to be recorded as a Yes vote on the previous bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) The record will -- that was on the resolution, Senator Link? Referring to the resolution? The record will so reflect your intentions. Ladies and Gentlemen, we will continue on Supplemental Calendar No. 2, on House Bills 2nd Reading is House Bill 116. Senator Steans. Mr. Secretary, please read the bill.
137 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 House Bill 116. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 117. Senator Steans. Mr. Secretary, please read the bill.
House Bill 117. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 132. Senator Steans. Mr. Secretary, please read the bill.
House Bill 132. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 3639. Senator Steans. Mr. Secretary, please read the bill.
House Bill 3639. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 138 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011 3rd Reading. House Bill 3697. Senator Steans. Mr. Secretary, please read the bill.
House Bill 3697. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point. SENATOR MUÑOZ: Mr. President and Ladies and Gentlemen of the Senate, I have two guests here with me. Would you please step up, gentlemen? I have Speaker of the House from Missouri, Steve Tilley, and the Majority Leader, Tim Jones. If we can welcome ‘em to the Illinois Senate, I’d appreciate it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Gentlemen, welcome to the Illinois State Senate. Great to have our colleagues from across the river here. There being no further business to come before the Senate, the Senate stands adjourned until the hour of -- excuse me just one second. Senator Haine, for what purpose do you rise?
I rise on a point of personal privilege. To address… PRESIDING OFFICER: (SENATOR SULLIVAN) State your point. 139 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day 4/13/2011
…my remark’s to Senator -- Leader Muñoz about the Speaker of the Missouri House. Are they here seeking sanctuary, too?
PRESIDING OFFICER: (SENATOR SULLIVAN) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 8:30 a.m. on the 14th of April, 2011. The Senate -- the Committee on Assignments will meet at that time. The Senate stands adjourned. 140