Illinois Senate Floor Debate — April 14, 2011

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? Would our guests in the galleries please rise? The invocation today will be given by Pastor Shaun Lewis, Capitol Commission, Springfield, Illinois.

PRESIDING OFFICER: (SENATOR SULLIVAN) Please remain standing for the Pledge of Allegiance. Senator Jacobs.

(Pledge of Allegiance, led by Senator Jacobs)

PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Reading and Approval of the Journal.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Appointment Message.

PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, House Bills 1st Reading.

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, we’re about to do substantive action on House Bills 3rd Reading. So if you are in your office, please come to the Senate Floor. All Members please come to the Senate Floor. But first we’re going to go to page 67 of the Calendar, Secretary’s Desk, Resolutions. Senate Resolution 97. Senator Hunter. Indicates she’d like to proceed. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

Thank you, Mr. President. Senate Resolution 97 basically designates the month of Ramadan, the ninth month of the Islamic lunar calendar, as a Green Month in the State of Illinois. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing 4  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 none, the question is, shall Joint -- Senate Resolution 97 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 46 voting Aye, 0 voting Nay, 0 voting Present. Senate Resolution 97, having received the required constitutional majority, is declared passed. Turning to the next page, to the top of page 68, is Senate Resolution 121. Senator Holmes. Indicates she’d like to proceed. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Thank you very much, Mr. President. Senate Resolution 121 urges the President and the Secretary of the Navy to name one of the new LCS cruiser ships under construction as the USS Aurora in honor of the City of Aurora and its many contributions to the welfare of the nation.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Resolution 121 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Ladies and Gentlemen, we’re about to go to 3rd Readings. Would all Members please come to the Floor? We’re going to start immediately on 3rd Readings. Please come to the Senate Floor, all Members. Will all Senators please come to the Senate Floor? We are going to be going to 5  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 3rd Readings shortly. All Members please come to the Senate Floor. Ladies and Gentlemen, we will turn to page 51 of the printed Calendar, about in the middle of the page, on Senate Bill 1543. Senator Koehler. Senator Dave Koehler. Indicates he’d like to proceed. Senator Koehler seeks leave of the Body to return Senate Bill 1543 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1543. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler, to present your amendment.

Yes, thank you, Mr. President. The amendment is a technical change requested by IDOT and the IEPA.

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?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1543. Senator Koehler, you wish to proceed? Indicates that he would. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

Yeah, thank you, Mr. President, Members of the Senate. Senate Bill 1543 amends the Environmental Protection Act to encourage the recycling of asphalt roofing shingles by providing incentives to facilities that deposit asphalt roofing shingles with facilities operating in accordance with the IEPA approved beneficial use applications. What this means, all across our State, and particularly in Peoria, is that we get a asphalt recycling plant in our area, and instead of filling our landfills, we get to use it on our highways. So I know of no opposition and appreciate support.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Senator Pankau, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR SULLIVAN) Any further discussion? Seeing none, the question is, shall Senate Bill 1543 pass. All those in favor will vote Aye. Opposed, Nay. The -- the voting is open. Have all voted who 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1543, having received the required constitutional majority, is declared passed. Continuing -- excuse me, continuing on the Calendar is Senate Bill 1544. Senator Haine. Madam Secretary, Senator Haine seeks leave of the Body… Madam Secretary, read the bill, please.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

Yes, Mr. President, Ladies and Gentlemen of the Senate, this is a bill which regularizes filing fees with the Department of Insurance based upon a flat fee rather than all kinds of different fees for forms and it’s supported by a wide variety of small and large carriers.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1544 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 1544, having received the required constitutional majority, is declared passed. Senate Bill 1545. 8  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Haine. Out of the record. Senate Bill 1549. Senator Haine. Out of the record. Senate Bill 1554. Senator Haine. Senator Haine seeks leave of the Body to return Senate Bill 1554 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1554. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is a bill which grants immunity for -- under -- for trespass charges to those who are lawfully commissioned to do process serving. There’s no -- no opposition to the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Any discussion? Senator Dale Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR SULLIVAN) Good morning, Senator. Indicates that he will.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

9  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Thank you, Senator. This is a bill which adds to the definition a process server, a detective or security agent, so they won’t be charged with trespass if they’re serving process by a court appointment. This is Mr. Lockhart’s initiative. He represents these agencies.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

I don’t -- there are -- yes. Basically, it’s public employees, like a sheriff’s deputy, but there isn’t any immunity at this point for a private processor.

PRESIDING OFFICER: (SENATOR SULLIVAN) Any further discussion? Seeing none, the question is, shall Senate Bill 1554 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 1554, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1555. Senator Haine. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is a bill which specifically says that it -- that it is not a violation of the insurance laws of this State to participate in a religious arrangement to provide medical care, a so-called not-for-profit medical sharing trust. This bill is still a work in progress and -- there’s consideration of an -- an amendment by the Department of Insurance. But we don’t have time to consider it and I want to move it to the House where they can amend it.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1555 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? Senator Garrett. Madam Secretary, take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1555, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1556. Senator Bill Haine. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is a bill which makes several changes to the State Employees Group Insurance Act. It defines more clearly that individuals and their survivors meet the minimum vesting requirements. It sets forth the number of years and it -- it -- it ensures that newly acquired dependents are not eligible. For example, if a survivor remarries, his or her new dependents would not be eligible for benefits.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Chris Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

Thank you, Senator Lauzen, for that question. That’s absolutely correct.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, the question is, shall 12  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senate Bill 1556 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 voting Present. Senate Bill 1556, having received the required constitutional majority, is declared passed. Continuing on the Calendar to the Order of Senate Bill -- is Senate Bill 1557. Senator Haine. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This narrows -- once again, this is another bill which narrows a mandate that we passed a year or so ago for -- for the treatment of autoimmune diseases. It clarifies the definition of what is medically necessary for the purpose of determining coverage. So it is a narrowing of a mandate.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1557 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 13  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Present. Senate Bill 1557, having received the required constitutional majority, is declared passed. Senate Bill 1560. Senator Dillard. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1560 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 1560, having received the required constitutional majority, is declared passed. Senator Maloney, for what purpose do you rise? 14  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

Thank you, Mr. President. Inquiry of the Chair. I was just hoping that -- I was glad to see Senator Dillard got up and explained a bill, because I was going to suggest that maybe we ought to have a separate Calendar for Senator Haine with the amount of legislation he has here. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Excellent observation, Senator. Continuing on the Calendar is Senate Bill 1562. Senator Dillard. Senator Dillard seeks leave of the Body to return Senate Bill 1562 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1562. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

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?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Bill 1562. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1562 pass. All those 16  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 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 53 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1562, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 1566. Senator Clayborne. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator James Clayborne.

Thank you, Mr. President and Members of the Senate. Basically, Senate Bill 1566 modifies an existing sales tax exemption for aircraft parts and equipment. It -- it exempts repairs on engine parts. So, engine parts would now qualify for the exemption. This is about a 1.3-billion-dollar industry if you look at small aircraft, and if we’re able to service the major aircrafts, it’s a five-billion-dollar industry. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Is there any further discussion? Seeing none, the question is, shall Senate Bill 1566 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 voting Present. Senate Bill 1566, having received the required constitutional majority, is declared passed. Senate Bill 1567. Senator Clayborne. Senator Clayborne seeks leave of the Body to return Senate Bill 1567 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1567. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

Thank you. This creates a twelve-member Carbon Capture and Sequestration Legislation Commission. One member shall be appointed by the Speaker, the President, the Minority Leader of the House and Senate and one person from the Illinois Power Agency and six members appointed by the Governor.

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?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne, on Amendment 2.

Thank you. I’ll just discuss it on -- 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?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1567. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

Thank you. As I stated, this creates a twelve-member Carbon Capture and Sequestration Legislation Commission to review the issue of carbon capture and sequestration.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Indicates he will yield. Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

No.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

The Governor has six, the Power Agency has one, the Minority Leader of the Senate has one, the Minority Leader of the House has one, the President of the Senate has one, and the Speaker of the House has one.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Seeing none, the question is, shall Senate Bill 1567 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 52 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 voting Aye, 3 voting Nay, 0 voting Present. Senate Bill 1567, having received the required constitutional majority, is declared passed. Turning to the top of page 52 on the printed Calendar is Senate Bill 1576. Senator Kotowski. Out of the record. Senate Bill 1577. Senator Holmes. Senator Holmes seeks leave of the Body to return Senate Bill 1577 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1577. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes, on your amendment.

The amendment deletes all and 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 Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1577. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Thank you so much, Mr. President. It’s a recommendation of the Multiple Sclerosis Society and Access Illinois and it amends the Illinois Hospital (Licensing) Act to make revisions in the Section of the Hospital Licensing Act concerning the content of a hospital safe patient handling policy.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1577 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1577, having received the required constitutional majority, is declared passed. Senate Bill 1578. Senator Holmes. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Thank you so much, Mr. President. Senate Bill 1578 amends the School Code to include educational support personnel in institute or inservice training workshops. Currently, only 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 teachers are required to participate in the workshops. This is an initiative of the IFT.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1578 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 1578, having received the -- the required constitutional majority, is declared passed. Senate Bill 1586. Senator Crotty. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maggie Crotty.

Thank you very much. This is a companion bill to Senate Bill 90. This makes provisions and changes to the Election Code which currently provides that election authorities may appoint driver’s facility employees of the Secretary of State’s Office as deputy registrar, registering voters. However, over the years that duty -- of these employees has changed from registering voters to just merely accepting registration applications and forwarding them on to the local election authorities. This would codify that practice.

PRESIDING OFFICER: (SENATOR SULLIVAN) 23  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1586 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 1586, having received the required constitutional majority, is declared passed. 1587. Senator Muñoz. Senator Muñoz. Out of the record. Senate Bill 1589. Senator Muñoz. Out of the record. Senate Bill 1602. Senator Frerichs. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mike Frerichs.

Thank you very much, Mr. President. Senate Bill 1602 is an agreement reached by the Illinois Dental Society and the Department of Financial and Professional Regulation. Creates rules regulating mobile dental van registrations. A mobile dental van is any self-contained or portable dental unit in which dentistry is practiced that can be moved, towed, or transported from one location to another. I’d be happy to answer any questions of the Body.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1602 pass. All those 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 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 56 voting Aye, 0 voting Nay, 0 voting Present. And Senate Bill 1602, having received the required constitutional majority, is declared passed. Senate Bill 1603. Senator Frerichs. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Thank you very much, Mr. President. Senate Bill 1603, as amended, exempts businesses that do not originate mortgage loans in the ordinary course of business from the provisions of the (Residential) Mortgage License Act of 1987. This was brought to me by a constituent who wanted to be able to sell property to a family member - was unable to do that. I think it’s a nice exemption. Be happy to answer any questions of the Body.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1603 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 1603, having received the required 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 constitutional majority, is declared passed. Senate Bill 1607. Senator Jacobs. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

Thank you, Mr. President. Senate Bill 1607 prohibits insurance producers from using senior-specific certifications to mislead a purchaser who’s buying a product on the telephone. I’d ask for your favorable consideration. 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 1607 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 voting Present. Senate Bill 1607, having received the required constitutional majority, is declared passed. Senate Bill 1608. Senator Jacobs. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Mike Jacobs.

Thank you, Mr. President. Senate Bill 1608 simply allows utility companies to have better bidding rules, bid documentation standards, and more sunshine and transparency when they’re doing their business. 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 1608 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? Mike, you want to vote? Madam Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1608, having received the required constitutional majority, is declared passed. Senate Bill 1609. Senator Jacobs. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

Thank you, Mr. President. I’ll try to vote this time. Senate Bill 1609 requires the Illinois Power Agency to file a second annual report with the General Assembly and the Illinois Commerce Commission. Know of no opposition.

PRESIDING OFFICER: (SENATOR SULLIVAN) 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Is there any discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

Yes, sir. We’re talking about the one-man agency who’s in the process of hiring staff.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

I -- I think, in these times, we’re all asking our employees to do more with less, and clearly this is an example of us asking them to do more with even less.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further -- further discussion? Senator John O. Jones.

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further -- further discussion? Senator Dillard.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator Jacobs, to close.

Thank you. I think, you know, your points are well-taken and the Senator’s previous comments are well-taken too. And I would suggest that you speak with the Governor regarding those issues. This bill simply forces them to provide another report. So if the Agency isn’t doing its job, this ought to ferret out that it’s not doing even more. And I ask for your favorable consideration. 31  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1609 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 42 voting Aye, 12 voting Nay, 0 voting Present. Senate Bill 1609, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1610. Senator -- Senator John Jones. Indicates he’d like to proceed. Senator Jones seeks leave of the Body to return Senate Bill 1610 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1610. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jones.

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? 32  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1610. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jones.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1610 pass. All those 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 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 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1610, having received the required constitutional majority, is declared passed. Senate Bill 1613. Senator Martinez. Senator Martinez seeks leave of the Body to return Senate Bill 1613 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1613. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.

Thank you, Mr. President, Members of the Senate. This is a clarification of one of the questions that was raised during committee and I’ll be happy to discuss it 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?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1613. Madam Secretary, read the bill. 34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.

Thank you, Mr. President, Members of the Senate. 1630 -- 1613 requires indemnification of trustees of retirement system against all damages -- all damage claims and suits. The requirement would apply only to the non-State pension funds. The State retirement systems and the State Board of Investments would be permitted to indemnify trustees, staff and consultants if they wish. Insurance must be carried with a company that is licensed in Illinois. And I’ll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any further discussion? Seeing none, the question is, shall Senate Bill 1613 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 voting 35  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Present. Senate Bill 1613, having received the required constitutional majority, is declared passed. Senate Bill 1615. Senator Steans. Out of the record. Senate Bill 1619. Senator Steans. Out of the record. Senate Bill 1622. Senator Steans. Out of the record. Senate Bill 1623. Senator Steans. Out of the record. Senate Bill 1631. Senator Mulroe. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator John Mulroe.

Good morning, Mr. President, Members of the Senate. This is a technical amendment to the Probation and Probation Officers Act. It allows the county treasurer to disburse money from a fund created from probation fees to pay probation officers’ salaries from that fund if the amount appropriated to the Supreme Court for the salaries was less than what was appropriated -- appropriated in the year of 2002. I know of no opposition and be happy to answer any questions 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 1631 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that 36  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1631, having received the required constitutional majority, is declared passed. Senate Bill 1637. Senator Althoff. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Pam Althoff.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1637 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, 0 voting Nay, 0 voting Present. Senate Bill 1637, having received the required constitutional majority, is declared passed. Senate Bill 1640, with leave of the Body, we will return to. Senate Bill 1644, with leave of the Body, we will return to. Senate Bill 1651. 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Wilhelmi. Senator Wilhelmi. Madam Secretary, please -- Madam Secretary, Senator Wilhelmi seeks leave of the Body to return Senate Bill 1651 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1651. Madam Secretary, are there any Floor -- any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.

Thank you, Mr. President, Members of the Senate. The amendments are gut and replace, become the bill. I’ll be happy to discuss it 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?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi, on Amendment 2.

Thank you, Mr. President. Amendment No. 1 is the gut and replace. Amendment No. 2 makes a technical amendment. Again, I’ll be happy to discuss both on 3rd Reading.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, all those in favor 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the on the Order of 3rd Reading is Senate Bill 1651. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator A. J. Wilhelmi.

Thank you, Mr. President. Senate Bill 1651, as amended, is a trailer bill that addresses certain issues related to the Common Interest Community Association Act. It was a bill that I had last year that became effective in July of 2010. We needed to do some cleanup of this. Been working on this matter with Leader Cross and other Members. We feel that this is going to essentially streamline compliance and remove certain unduly burdensome provisions. There is no opposition. We’re going to continue to work on this in the House. I know there are a couple folks that might have additional changes they’d like to see made. We’ve done our best to accommodate everyone. And, again, we’re going to continue to work on this in the House, Mr. President.

PRESIDING OFFICER: (SENATOR SULLIVAN) 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1651 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, 0 voting Nay, 0 voting Present. Senate Bill 1651, having received the required constitutional majority, is declared passed. Senate Bill 1652. Senator Harmon. Out of the record. Senate Bill 1656. Senator Frerichs. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mike Frerichs.

Thank you very much, Mr. President. Senate Bill 1656 creates the community services impact note. The Act requires that at the request of a Member, a bill affecting people with developmental disabilities or mental illness, except those making appropriations, shall have a statement describing the fiscal impact and the impact of the provision on community services. This is similar to fiscal impact notes we already have on budget bills and I think it’s a good idea so that we understand the full consequences of our actions here.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Bivins.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Bivins.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Yes, that is still my intent.

PRESIDING OFFICER: (SENATOR SULLIVAN) Any further discussion? Seeing none, the question is, shall Senate Bill -- 1656 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 voting Present. Senate Bill 1656, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1666. Senator Jacqui Collins. Madam Secretary, out of the record. Senate Bill 1672. Senator Raoul. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

41  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Thank you, Mr. President. Senate Bill 1672 requires the Board of the Firemen’s Annuity and Benefit Fund of Chicago to conduct biennial audits, starting in 2011, to -- to find the annual cost of duty disability to fund -- to the fund and include this report in the annual audit.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1672 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, 0 voting Nay, 0 voting Present. Senate Bill 1672, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1680. Senator Schoenberg. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1680 takes the existing hospital assessment program that the hospitals voluntarily participate in in the State, which give us the capacity to leverage about nine hundred million dollars total in new Medicaid money, this simply extends the -- the authorization date out. It’s currently the end of 42  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Fiscal 2013. It does -- it extends it out to Fiscal 2016. I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Senator Pankau.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Pankau.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Senator Pankau, thank you, first of all, for the compliment on assuming that I’m going to be able to replicate that magic here this morning after only one cup of coffee. The principal reason why we need to do this is to provide certainty in the lending community for those who have financial relationships with hospitals and greater certainty for the -- everyone who has an economic relationship with hospitals; that they know that this flow of federal money, which had originally been intended to supplement what -- hospital funding and now is really the cornerstone of how we fund hospitals throughout the State -- in order to make sure we have that level of confidence, certainty, 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 predictability, so people can make their investment decisions in capital projects, and also because of the -- also because we’ve already received approval from the federal government for this assessment. It’s been -- literally provided billions of dollars to us over the last several years and it has enjoyed broad bipartisan support. I don’t know if I was as elegant now as I was before, but I think I hit the high points.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Pankau.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

I -- I’m glad you raise that point. You didn’t raise it in committee. You know, I oppose the -- as you know, I oppose the administration’s desire to take money from this formula in which the hospital community, all these not-for-profit institutions, have voluntarily helped the State leverage to get new federal -- hundreds of millions of dollars in new federal money every year in order to be able to provide high quality care in communities throughout the State. This ensures the financial stability not 44  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 just as -- because of the uncertainty that the State has provided, but the larger economic uncertainty that everyone in the business -- that everybody in the business world has encountered.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Pankau.

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Pankau. Further discussion? Seeing none, the question is, shall Senate Bill 1680 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 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 voted who wish? Madam Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1680, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1682. Senator Link. Senator Link seeks leave of the Body to return Senate Bill 1682 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1682. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link, on your amendment.

Thank you, Mr. President. It’s an agreed-upon amendment, talking about the rules. 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 Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1682. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Thank you, Mr. President. This is the Illinois Association of Groundwater Professionals’. This is geothermal heating system regulations. It’s the same bill that we passed out of here 59 to nothing, but we’ve come to an agreement with all parties and it’s now an agreed-upon bill. I would ask for your consideration.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Dale Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill. Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Righter. Further discussion? Senator McCarter. Kyle McCarter. SENATOR McCARTER: A question of the sponsor. 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator Link, to this issue of the fee, and I’m typically very sensitive to this and I -- and I’ve fought against and voted against a lot of fees, but can you explain the agreement that was made with those representing the geothermal industry as to the fee - whether they were told about it, whether they showed support for it and they had plenty of time to accept this? Could you comment on that, please?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Thank you, Senator McCarter, for those -- those are great questions. Actually, timewise, we’ve probably had three years of time on this. And, yes, they have accepted the fee and the fee is an exorbitant amount of -- called two hundred dollars annually of the fee. That’s all that we’re talking about. We’re not talking about an exorbitant amount. They have agreed to it. This is for regulations. It’s the type of thing that we’re trying to get through - will be a job creation bill. It will also be -- something that will be a safety factor of the proper people doing the proper work in these areas. And all sides have sat down and after extensive discussion on this, have came up to this agreement and this figure.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator McCarter. SENATOR McCARTER: So, Senator Link, you -- it -- it appears to me that those 48  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 within the industry feel that this would narrow down those who were following those safety guidelines and hold accountable some of those bad actors within the industry. And my last question is, would you see -- say that that response is from a majority of the people in that industry and not just a select few?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

If I didn’t know better, Senator McCarter, I’d almost think you were in on those discussions. But, yes, you -- you hit it right on the head. That’s exactly what this is about.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator McCarter. SENATOR McCARTER: To the bill: Because of the response that we’ve -- we’ve just heard, I -- I just encourage an Aye vote on this. This is an industry that is growing. There are new -- new people getting into this industry daily, and I think those that are in it now and have -- have really set the guidelines for safety, they want to be protected and aim to protect the end consumer as well. So I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further -- further discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Link, to close.

Thank you, Mr. President. As I indicated before, this bill passed out of this Chamber 59 to nothing the last time it was presented. It became a better bill now and it became an agreed- upon bill that -- from the industry. I think when they want to agree on a small licensing fee to themselves - or a registration fee, I should say - I think is something. In the previous bill, it had a hundred and seventy-five dollars. This has two hundred dollars. It’s agreed-upon bill. I think the industry knows their whereabouts a lot better than we do. I would ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1682 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 39 voting Aye, 16 voting Nay, 0 voting Present. Senate Bill 1682, having received the required constitutional majority, is declared passed. Mike Majewski with WFLD-TV seeks leave to videotape. Leave is so granted. Senate Bill 1686. Senator Wilhelmi. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1686, as amended, would allow municipalities to decide whether or not to increase the number of aldermen following a decennial census. This was brought to me by the City of Crest Hill and the City of Lockport. In the statute currently, there are thresholds. If you’re between fifteen thousand and twenty thousand, you have to have eight aldermen. If you’re between twenty thousand and twenty-five thousand, you’re to have ten aldermen. What this would allow is each municipality, by ordinance, to maintain the status quo. So if they go into a new threshold, they would be able to maintain the status quo of the number of aldermen in that city. We have an amendment that was brought to us by the Illinois Municipal League. I think it’s a good amendment that allows for cities to maintain the status quo and not see the size of government grow in their particular towns. I’d be happy to answer any questions and 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 1686 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 51  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Present. Senate Bill 1686, having received the required constitutional majority, is declared passed. Continuing on the Calendar, with leave of the Body, we will return to Senate Bill 1688. Senate Bill 1694. Senator Wilhelmi. Madam Secretary, read the bill. Senator Wilhelmi seeks leave of the Body to return Senate Bill 1694 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1694. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi, on your Floor Amendment No. 2.

Thank you, Mr. President. Floor Amendment No. 2 is a technical amendment. I’ll be happy to discuss the bill 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?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1694. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.

Thank you, Mr. President. Senate Bill -- 1694, as amended, provides that a deceased person’s health care records may be released to a surviving spouse under the following conditions: when there’s no executor, administrator, or agent that’s been appointed under a -- a power of attorney for health care; and, two, when the -- the deceased person has not specifically objected to the disclosure of his or her records. This is an initiative of the Illinois State Bar Association. It allows family members to get the -- their loved one’s medical records without having to open an estate. I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any questions? Any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi. 53  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

Senator Righter, it’s my understanding that if there’s no surviving spouse, then an adult child of the deceased, either parent of the deceased, or an adult sibling of the deceased can make the same written request for those medical records.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.

Yes, that is my understanding.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, the question is, shall Senate Bill 1694 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 1694, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, let’s welcome Comptroller Judy Baar Topinka to the Senate Floor, to the Senate Chambers. Welcome. Senator Ed Maloney, for what purpose do you rise? 54  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

Thank you, Mr. President. For a purpose of announcement. Take a little break here. I want to comment on yesterday’s softball game, which we will call our “road to respectability” after last year’s performance. I want to thank, first of all, our sponsor, Kevin Riggs and SNR Denton. To all the participants, the people who came out to cheer us on, thank you much for being there. We even saw -- former Republican Leader Frank Watson came out to the game. We did find some new-found talent among our ranks yesterday that I think gives us -- we can look forward to future victories. We did miss the star power of Don Harmon, Dan Kotowski, Pam Althoff, who had some sort of lame excuse of chairing committees or something. Jeff Schoenberg wasn’t there. I mean, you guys got to get your priorities in order and make sure you do what’s important to you. Tim Bivins was our well-earned most valuable player, making great plays in the field. Made some great plays in the field, threw somebody out at the plate, got a bunch of hits, and so he had -- he had a great game. Unlike last year, when I won the most valuable player and Senator Matt Murphy said, “Ed, it’s kind of like being the valedictorian of summer school.” So -- but I want to thank everybody for participating and look forward to next year. We had a great game. We had one bad inning, otherwise we win the game. Thanks, everybody, for coming out.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Thank you, Coach Maloney. Senator Tim Bivins.

PRESIDING OFFICER: (SENATOR SULLIVAN) 55  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Please state your point.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Bivins. Ladies and Gentlemen, continuing on the Calendar is Senate Bill 1697. Senator Millner. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator John Millner.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1697 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, please take the record. On that question, there are 45 voting Aye, 10 voting Nay, 0 voting Present. Senate Bill 1697, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we’ll move to the top of page 54 on your printed 56  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Calendar. I understand that the sponsor has been changed on Senate Bill 1701 to Senator Silverstein. With leave of the Body, we will come back to Senate Bill 1701. Senator Garrett, for what purpose do you rise? Senator Susan Garrett, for what purpose do you rise?

Point of personal privilege.

PRESIDING OFFICER: (SENATOR SULLIVAN) Please -- please state your point.

I’m here to introduce my friend, Amanda Howland, who is here with the Illinois Women in Leadership. I’d just like to say a few things about her. Amanda has always had a passion for public service. She began her career as a school psychologist and a teacher of emotionally disturbed and behavior-disordered students in grades three through six. After earning her master’s in educational administration, she became an elementary school administrator and worked to expand educational opportunities for the students in her school. Currently, Amanda’s law practice - she got her J.D. - focuses on public service. She practices in the areas of labor law, civil rights and child advocacy. She is a trained guardian and is a court- appointed special advocate. Amanda hopes to use the training and leadership skills she learns through the IWIL program to win election to a government office in 2012. Please give her a warm welcome.

PRESIDING OFFICER: (SENATOR SULLIVAN) Would our guest please rise? Thank you very much and welcome to the State Senate. Senator Iris Martinez, for what 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 purpose do you rise?

For point of -- personal privilege. I’m sorry, I get emotional.

PRESIDING OFFICER: (SENATOR SULLIVAN) Please -- please state your point.

Thank you, Mr. President. As you all can see, we have wonderful ladies that are here today from the IWIL program, who is headed by the very best lady of -- of Illinois, Loretta Durbin. I have with me Jessey Neves. Jessey currently works for Cook County Board President Toni Preckwinkle as Director of Public Affairs and Communication {sic} (Communications). She graduated from the University of Chicago with a degree in political science and English language and literature. Before joining Preckwinkle’s campaign, she worked for the -- Barack Obama’s presidential campaign as the Operations Director for the Illinois Headquarters. She also held position in the Department of Community Relations at the Illinois Department of Human Services. She also worked at National Network for -- to End Domestic Violence in Washington, D.C., and in another office in {sic} Senator Barack Obama’s. I would like the Senate to welcome her.

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Senator Heather Steans, for what purpose do you rise?

Thank you. For a point of personal privilege, Mr. President. 58  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

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

Great, I also am fortunate enough to have somebody from the Illinois Women in Leadership program with me, Shannon Burns. She’s a small business owner in Naperville and has been for over twenty years. She ran for Commissioner of the District 6 DuPage County Forest Preserve. This was her first political effort and the first time a Democrat was on the ballot for this position. She won forty percent of the vote against a twenty-year incumbent and plans to run again for the same position in -- in 2012. She lives in unincorporated West Chicago and her husband, David -- with her husband, David. She’s on the Board of Wheaton League of Women Voters and is active in her homeowners’ association. It’s great to have her here. And thank you, guys, very much for sort of welcoming the women from IWIL to the Senate.

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Pleased to have you here today. Senator Kim Lightford, for what purpose do you rise?

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I, too, stand in -- in honor to welcome the Illinois Women in Leadership to the Chamber today. I’m joined with a special young lady, Audrena Spence. She’s married. She has children. And in spite of being a mom and a wife, she’s also the Executive Director of the Metropolitan Family Services in the Calumet Center. She is licensed -- she’s a licensed social 59  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 worker, so you know her passion. She’s on the Board of Commissioners for the City of Chicago Human Rights {sic} (Relations) Department, and she’s the current president of the National Association of Black Social Workers, the Chicago Chapter. She’s on a number of boards and commissions and she’s a member of Alpha Kappa Alpha Sorority. Please welcome Audrena Spence to the Illinois General Assembly.

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. We’re pleased to have you here today. Senator Maggie Crotty, for what purpose do you rise?

On a point of personal privilege.

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

I, too, have a young lady here from IWIL. Her name is Regina Henderson {sic} (Hendrickson). She’s a graduate of Southern Illinois University. She has her bachelor’s in paralegal studies and another bachelor’s in political science. Regina’s passion for politics was sparked by Senator Paul Simon for whom she was a congressional intern in Washington, D.C., in 1983, and she served on several committees for Congressman Simon. She also is -- currently serves on the Troy City Council and she chairs the Law and Protective Services Committee. As chair, she oversaw the development and the approval of the city’s new comprehensive Emergency Operation Plan. Regina also serves as President of the Board of Directors of the -- the U.S. Senator Paul Simon Museum in Troy. She’s actively engaged in 60  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 community service in Troy and the surrounding communities. When not working as an event consultant, she is a substitute teacher with the Triad Community Unit No. 2 School District. She creates programming opportunities for the students, such as the Government Appreciation Day, Community Emergency Response Team Training, and also gets them active in the Paul Simon Museum. Would you please welcome her to the Illinois Senate?

PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guest rise? Please welcome to the Illinois State Senate. Pleased to have you here today. Senator Mattie Hunter, for what purpose do you rise?

Point of personal privilege, Mr. President.

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

I, too, have a young lady with me from IWIL today and her name is Susan Lee, who was born and raised in Chicago, Illinois. She received her bachelor’s degree in elementary education from the University of Illinois at Champaign-Urbana. And upon her graduation, she taught seventh grade at Ames Middle -- Middle School in Humboldt Park and eighth grade science in Saucedo Scholastic Academy in Little Village. While teaching, Susan chaired the eighth grade team, piloted a mentoring program, organized an action for education funding reform, coached the boys’ softball and girls’ soccer team, and advocated on behalf of her colleagues as a Chicago Teachers Union delegate. After four years, Susan left teaching and interned with Chicago Alliance Against Sexual Exploitation where she decided to pursue 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 a law degree - hey, hey. Currently, Susan is a second-year law student at Chicago-Kent Law School. She serves as secretary for the Asian Pacific American Law Student Association, assistant treasurer for the -- the Black Law Student Association, external vice-president for the Chicago -- for the United Nations Association, and associate editor for Chicago -- Chicago’s Kent {sic} (Chicago-Kent’s) Journal of International and Comprehensive {sic} (Comparative) Law. She is also a member of the Asian American Bar Association and Korean American Bar Association. And let’s welcome Susan to the Senate.

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Thank you for being here today. Senator Jacqueline Collins, for what purpose do you rise?

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

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

Thank you. I, too, join my colleagues in welcoming an IWIL participant, Dominique A. Wallace. Miss Wallace has managed the operation for -- for Star Detective and Security Agency for over twenty years. As the fourth generation of an African American owned security agency founded in 1923, she credits the company’s continued success on its ethical foundation and being active with security legislation in Springfield, Washington, D.C., and internationally. Dominique holds positions of leadership in the following organizations: Illinois Security Chiefs, National 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Council of Investigators and Security Services, Associated Detective and Security Agencies of Illinois, and is a board member of the William Leonard Public Library of Robbins. Dominique is licensed by the State of Illinois as a private detective, private alarm contractor and a private security contractor. Ms. Wallace leadership role in operations, sales and quality control personifies the traditions of the family and the great legacy of Star Detective and Security Agency, Inc. Dominique and her husband, Charles, reside in a southern suburb of Chicago, Hazel Crest, and are the proud parents of Kenneth Charles, seven, and Almeda Ramah, five. Dominique and her family are actively involved with Jack and Jill of America, SSSC -- SSSC {sic} (SSC), also members of Trinity United Church of Christ. Please welcome Dominique Wallace to the General Assembly.

PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guests please rise? Welcome to the Illinois State Senate. Pleased to have you here. Senator Toi Hutchinson, for what purpose do you rise?

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

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

I also join with my colleagues to welcome a wonderful woman who’s an IWIL participant here to the Chamber today, Ms. Juliana Stratton. Juliana Stratton is the President of JDS Mediation Services, Incorporated, a full-service alternative dispute resolution firm offering mediation, arbitration and training in 63  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 constructive conflict. She currently serves as a Deputy Hearing Commissioner for the City of Chicago Department of Business Affairs and Consumer Protection, and an Administrative Law Judge with the City’s Department of Administrative Hearings. She is both an Administrative Hearing Officer and Mediator for the City’s Commission on Human Relations, and serves on the Hearings Board for the Illinois Attorney Registration and Disciplinary Commission. Juliana earned her Bachelor of Science degree in Broadcast Journalism from the University of Illinois at Urbana- Champaign and her Juris Doctorate from the DePaul University College of Law. In her spare time, Juliana is a triathlete, marathoner and urban adventure racer, and is actively involved with Jack and Jill of America. She and her husband, Bill, have three daughters, Tyler, Cassidy and Ryan. And along with the rest of these phenomenal women, we would just like to join and give her a big Senate welcome. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guest please rise? Welcome to the Illinois State Senate. We’re pleased to have you here today. Ladies and Gentlemen, back to the printed Calendar. We are on Senate Bill 1701. Senator Silverstein. Indicates he’d like to proceed. Madam Secretary, Senator Silverstein seeks leave of the Body to return Senate Bill 1701 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1701. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 64  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Millner, on -- on Floor Amendment No. 2.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Silverstein.

If we can adopt the amendment and move to 3rd, then I’ll…

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will vote Aye. Those opposed -- excuse me, all those -- all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1701. He indicates he’d like to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Ira Silverstein. 65  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

Thank you, President John Sullivan. Thank you very much. This is a bill -- a similar bill I introduced and Senator Millner introduced, and thank you for letting him -- changing sponsorship. This -- addresses a serious problem when individuals die from overdose and friends or family members are afraid of arrest if they call 9-1-1. It sets a certain limit of what they can -- receive immunity for certain drugs and sets the -- the amount that would -- would give them immunity. I’ll take any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Kyle McCarter. SENATOR McCARTER: Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator, in St. Clair County and as well as Madison County, there has been an increased effort and focus on prosecuting those who have dealt drugs to the victim -- the overdose victims. Is -- is what we’re doing here -- will this conflict in any way with those efforts?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.

I -- I don’t believe so. It’s going to be within the discretion of the State’s Attorney’s Office to determine whether -- whether the immunity be granted. But this is just about saving lives. That’s all it is. But I understand your 66  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 position. But that will be the discretion of the State’s Attorneys. And the -- and the facts that…

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: So you don’t think it will conflict with the State’s Attorney. What about the U.S. Attorney?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senators -- Senator McCarter, will you repeat that question, please? SENATOR McCARTER: Would this conflict in any way with the U.S. Attorney’s efforts?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.

I don’t believe so, because this would be State law. I don’t think it would be governed by federal law. They have their own statutes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: To the bill: As -- as long as that’s made very clear and the efforts from the U.S. Attorney’s -- their current efforts to prosecute those who have dealt drugs to overdose victims, I will be in support of the bill. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, the question is, shall Senate Bill 1701 pass. All those in favor will vote Aye. 67  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 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 1701, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1702. Senator Millner. Senator Millner seeks leave of the Body to return Senate Bill 1702 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1702. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Millner, on Amendment 3.

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?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate 68  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Bill 1702. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator John Millner.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1702 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 1702, having received the required constitutional majority, is declared passed. Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Point of personal privilege.

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point. SENATOR McCARTER: 69  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 I’d like to announce friends of mine from my district. Just to my right here, behind you -- behind you in the gallery, from Kaskaskia College, I’ve got the President of Kaskaskia College, Dr. Jim Underwood, and his wife, Roxie, and then two of his -- student trustees, directly to my right here, Daniel Finley and Chelsea Miller. Thank you for being with us and we appreciate what you do to educate our -- our folks in -- in my district. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guests in the gallery please rise? Welcome to the Illinois State Senate. Senator Gary Forby, for what purpose do you rise?

Point of personal privilege.

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

I got some people up in the gallery I want to announce today and they’re -- they are longtime friends. Her husband worked for me when I was in the contracting business for twenty- three -- twenty-three years. I feel like they’re family. She’s working at Rend Lake College now. She’s here up in the gallery and got some students, Lisa Price, and her students. I wish you’d give her a great big hand.

PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guests in the gallery please rise? Welcome to the Illinois State Senate. Senator Dan Duffy, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Continuing on the Calendar is Senate Bill 1711. Senator Bill Haine. Senate Bill 1711. Out of the record. Senate Bill 1727. Senator LaHood. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: Thank you, Mr. President. This is a bill that establishes a license plate for Air Force veterans. We currently have license plates for Army and Navy veterans and this would establish a -- a plate for Air Force veterans also. I’m pleased to have, as a chief co-sponsor, Senator Crotty on this bill also. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) 71  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1727 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, 1 voting Nay, 0 voting Present. Senate Bill 1727, having received the required constitutional majority, is declared passed. Continuing -- continuing on the Calendar is Senate Bill 1728. Senator Bivins. Senator Bivins seeks leave of the Body to return Senate Bill 1728 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1728. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins, to present your amendment.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, all those in -- in favor will vote Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate 72  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Bill 1728. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1728 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 1728, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 1732. Senator Sandoval. Out of the 73  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 record. Senate Bill 1733. Senator Sandoval. Out of the record. Senate Bill 1735. Senator Jacobs. Senator Mike Jacobs. Senate Bill 1735, out of the record. Senate Bill 1739. Senator Raoul. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kwame Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1739 adds that a conviction for the offense of intimidation becomes an aggravated intimidation if the person who committed the offense was trying to prevent the victim of the offense from reporting information regarding a forcible felony to a law enforcement agency. The conviction of this offense would be a Class 2 felony.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1739 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 1739, having received the required constitutional majority, is declared passed. Senate Bill 1740. Senator Raoul. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate -- Senate Bill 1740 adds that when an individual convicted of a -- of an offense is sentenced, the amount of time that he must serve on parole or mandatory supervised release must be written as part of the sentencing order.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1740 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 1740, having received the required constitutional majority, is declared passed. Senate Bill 1741. Senator Luechtefeld. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1741 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, please take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. And Senate Bill 1741, having received the required constitutional majority, is declared passed. Senate Bill 1742. Senator Althoff. Senator Althoff seeks leave of the Body to return Senate Bill 1742 to -- to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1742. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff, to present your amendment.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all 76  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 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?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1742. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Pam Althoff.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1742 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, please take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1742, having received the required 77  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 constitutional majority, is declared passed. Senate Bill 1743. Senator Radogno. Out of the record. Senate Bill 1746. Senator Trotter. With leave of the Body, we will return to Senate Bill 1746. Senate Bill 1749. Senator Crotty. Senator Maggie Crotty. Out of the record. Senate Bill 1750. Senator Crotty. Out of the record. Turning to the top of page 55 in the printed Calendar is Senate Bill 1755. Senator Jacobs. Senator Jacobs seeks leave of the Body to return Senate Bill 1755 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1755. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.

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?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1755. Indicates he’d like to proceed. Madam Secretary, please read the bill. 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

Thank you, Mr. Chairman {sic}. This adds Jo Daviess, Carroll County, Whiteside, Stephenson and Lee County to our local Economic Development Authority. I know of no opposition. Appreciate your support.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1755 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, please take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1755, having received the required constitutional majority, is declared passed. Senator Ed Maloney, for what purpose do you rise?

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

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

Thank you. I’d like to call everyone’s attention to the -- the young people in the gallery up here from the community 79  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 colleges. Dr. Elaine Johnson has brought down over three hundred students in the community college system. As you know, that we have more community college students in our community colleges than all our universities combined. They are down here advocating for our Career and College Readiness Act which has been a very successful program aimed at reducing the need for remediation in the community college and increasing our graduation and retention rates. They would love the opportunity to speak to many of you. We have them from all over the country. If you have an opportunity, they will be in the hallways, outside in the Rotunda, to -- go out and meet with your students. And I just would like the Senate to give them a warm welcome.

PRESIDING OFFICER: (SENATOR SULLIVAN) Would all our community college guests please rise? And welcome to the Illinois State Senate. Continuing on the Calendar is Senate Bill 1761. Senator Righter. Senator Righter seeks leave of the Body to return Senate Bill 1761 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1761. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter, to explain the amendment.

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?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1761. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Tom Johnson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Johnson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator Righter, do you wish to close?

PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1761 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, please take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1761, having received the required constitutional majority, is declared passed. Senate Bill 1762. Senator Dillard. Madam Secretary, please read the bill. 86  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Iris Martinez.

Thank you, Mr. President. To the bill: This bill came before my committee. I’ve go to say that this is a great bill. I added myself as a cosponsor ‘cause I think the protection of children and making sure that we hold those people accountable, especially those pedophiles that are out there, those that commit crimes against children. This is a great bill and I’m -- and I will hope that our -- that there’ll be a -- all the green lights will be on on this bill. Thank you very much.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, the question is, shall Senate Bill 1762 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? 88  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 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 1762, having received the required constitutional majority, is declared passed. Senate Bill 1765. Senator Brady. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Brady.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Senator Mike Jacobs.

I stand in support of the Senator’s bill, but I did want to notify Senator Lauzen that this bill happens to ask the Illinois Power Agency to do a study.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Seeing none, the question is, shall Senate Bill 1765 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam 89  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Secretary, take the record. On that question, there are 58 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 1765, having received the required constitutional majority, is declared passed. Senate Bill 1766. Senator Wilhelmi. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.

Thank you -- thank you, Mr. President, Members of the Senate. Senate Bill 1766 amends the Code of Civil Procedure as it relates to landlord-tenant law. Specifically, the bill provides that a written lease, if the landlord uses a written lease, it shall include a provision that notifies the tenant of current law, namely that the lessor shall have the right to void -- void the lease and evict the tenant if the tenant or occupant uses or permits the use of the leased premises for the commission of a felony or a Class A misdemeanor. That is current law. What we’re saying in this bill is, if you use a written lease, you have to put it in the lease so the tenant is on notice; however, if you, for whatever reason, failed to do so, it would not diminish your rights as a landlord. And, finally, it allows for landlords to employ corporation counsel from various municipalities to do the eviction on their behalf. Right now, the State’s Attorneys can do that when the property is in unincorporated areas. This will bring parity and allow 90  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 corporation counsel to do what State’s Attorneys can do now. But it must be by mutual consent of both the -- the -- the landlord and the corporation counsel. There is some opposition and I’ll tell you why. Paul Arena and I have been engaged in discussions. He would like to go further than what this bill does. He would like to expedite the procedures and processes for evicting tenants who engage in criminal activity. That’s not what this bill does, but I’ve been working with Representative DeLuca and with Paul Arena. I’ll continue to work with them over in the House and we’ll do what we can to accommodate Mr. Arena. And, lastly, we want to make it clear that this only applies to residential property, not to commercial property. If there’s a need to amend it in the House to make that more clear, we’ll do that. I’ll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi. 91  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

Yes. That’s correct and we’ve also heard from Sargent Shriver and some other folks that want to make sure we do this in a fair and balanced manner.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.

Senator Righter, I’ve heard this concern as well. Let me be clear - and I think you know this - that if you’re a landlord 92  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 and there is no written lease, there’s a verbal lease, or there’s a written lease and it doesn’t state what this bill says it must state, current law does allow the landlord to evict for that activity, for that behavior. That has to be proven in court now. Under current law, it has to be proven. So to -- to be concerned that this will somehow add an additional burden on a landlord in an eviction action, I just don’t see that. This would only say, and this only does say, if you use a written lease -- I don’t think this is restating current law. It’s saying if you use a written lease, the written lease shall state what is current law. So we’re not restating it in the statute, we’re requiring landlords to put that language in a written lease. So I don’t believe that this would add an additional burden on a landlord in a lawsuit for forcible entry and detainer. Think it makes it real clear to both parties that this kind of activity and conduct is prohibited and can be the basis for an eviction. I think this is a pro-landlord bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) 93  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Wilhelmi.

Yes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Righter. Further discussion? Seeing none, Senator Wilhelmi, to close.

Thank you, Mr. President, and to my colleague, Senator Righter, I am going to certainly engage in those discussions. But I think we have to be clear - my bill is one approach that clarifies current law and puts tenants on notice that if they 94  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 engage in criminal activity, they can be evicted. The due process rights after such activity or behavior takes place, that’s a separate issue. It’s related, but a separate issue. And I’ll do my best, but I cannot commit today that this bill will come back from the House with those amendments. I will commit to work with -- with Anthony DeLuca, with Paul Arena, on maybe another vehicle to accomplish that goal. But I want to make sure the Body’s clear on that. I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1766 pass. All those in favor will vote Aye. All 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 52 voting Aye, 4 voting Nay, 0 voting Present. Senate Bill 1766, having received the required constitutional majority, is declared passed. Senate Bill 1773. Senator Maloney. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney.

Thank you, Mr. President. Senate Bill 1773 would require the Board of Higher Education, beginning in Fiscal Year 213 {sic} (2013), to incorporate performance-based funding in its annual budget. Now this is -- we arrived at this -- it’s a -- while it’s an easy bill to explain, this is a long time coming. 95  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 It’s the first step toward a recommendation that came consistently through our participation -- Illinois’ participation in the Public Agenda, our participation in Senate Joint Resolution 88, and our participation in the Complete College America. Performance-based funding is consistent with our Budgeting for Results and could be a game changer for the students -- higher education students of this State. I’d 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 1773 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 1773, having received the required constitutional majority, is hereby declared passed. Continuing on the Calendar is Senate Bill 1781. Senator Sandoval. Out of the record. Senate Bill 1782. Senator Muñoz. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1782 was suggested by the Liquor Control 96  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Commission as a means to clarify that light craft distillers, brewers, are allowed to only sell their manufactured beer at retail. This legislation is supported by the Associated Beer Distributors of Illinois 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 1782 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, 0 voting Nay, 0 voting Present. Senate Bill 1782, having received the required constitutional majority, is declared passed. Senate Bill 1794. Senator Lightford. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1794 is a bill that amends the School Code. Yearly, there’s a -- obsolete legislation that the Department sets forth to make some corrections in our School Code. This legislation establishes five changes that needs to be addressed in our statutory language. One area is that it updates the way ISBE will advise the regional offices of education. It makes some other areas obsolete. It proposes repealing some sections 97  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 that are not needed. It also acknowledges some of the commissions that we create were never implemented and that it also has an area to eliminate some other commissions. I’d be happy to -- to go into detail and answer questions, Mr. President.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1794 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 1794, having received the required constitutional majority, is declared passed. Senate Bill 1794. Senator Lightford. Madam Secretary, please read the bill. Senate Bill 1795. Senate Bill 1795. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Again, this is another initiative of the State Board of Education. There was one amendment that corrected some opposition that the -- that some interest groups expressed concern. It was regards to the IEPs and timelines of their 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 eligibility. What the bill now does with that change is it allows some of -- language that was not clear or -- to be explained in detail. It did remove some obsolete language. There are some citations that were corrected. It eliminates some subparagraph that establishes task forces that are no longer necessary. It creates language to assist in new task force that will deal with the studying of school wellness policies. And there’s other initiatives that just make language changes. I’d be happy to answer questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1795 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 1795, having received the required constitutional majority, is declared passed. The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The members of the Committee on Assignments will come to the President’s Anteroom immediately. The Senate will stand at ease. (at ease) The Senate will come to order. With leave of the Body, we will turn to page 2 of the printed Calendar. At the top of page 2, on the Order of Senate Bills 2nd Reading, is Senate Bill 7. Senator Lightford. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. The Senate will stand at ease for a few minutes to allow the Committee on Assignments to resume their meeting. The Senate will stand at ease. (at ease) The Senate will come to order. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, I have a committee announcement, if you’ll pay attention for just a minute here - a committee announcement. The Senate Education Committee will meet today at 12:30 p.m. to take up Floor amendments released by the Assignments Committee today. The Senate Education Committee will meet today at 12:30 p.m. Senator Rezin, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Great to have you here today. Senator Lightford, for what purpose do you rise?

Thank you -- thank you, Mr. President. I -- I move to waive all notice and posting requirements so that Senate Joint Resolution 34 may be heard today at 12:30 in the Senate Education Committee.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford moves to waive all notice and posting requirements so that Senate Joint Resolution 34 can be heard today at 12:30 p.m. in the Senate Education Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, 101  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 and all notice and posting requirements have been waived. Senator Rezin, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Senator Martinez, for what purpose do you rise?

For point of personal privilege.

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

I want -- I want to welcome a wonderful person in my life, somebody who I have been close to all my life, and she’s here visiting and I want the Senate to welcome her. She is my favorite cousin. I know that all the cousins are going to say, I thought I was your favorite. She’s my favorite cousin and I want to welcome her, Myrion -- Myrion Vazquez. There she is. Please welcome her.

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Ladies and Gentlemen, with leave of the Body, we will turn to page 2 of the printed Calendar, Senate Bills 2nd Reading and Senate Bills -- 540. Senator Kotowski, on Senate Bill 540. Mr. Secretary, please read the bill. 102  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Turning to the next page, page 3 of the Calendar, Senate Bills 2nd Reading, is Senate Bill 2450. Senator Steans. Do you wish to proceed? Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. With leave of the Body, we will turn -- return to Senate Bills 3rd Reading, and on page 52 of the printed Calendar is Senate Bill 1587. Senator Muñoz. Do you wish to proceed? Indicates that he would. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1587 provides that all persons who have been honorably discharged from the U.S. armed forces and who have been awarded the Afghan or Iraqi campaign medal are deemed to have met the collegiate education requirements for appointment to the State Police. And this bill is effective immediately. 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 1587 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, please take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1587, having received the required constitutional majority, is declared passed. Senate Bill 1589. Senator Muñoz. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. Senate Bill 1589 which -- would require mandatory prison sentence for a felon who is convicted 104  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 on unlawful use of a weapon. The bill proposes a reasonable responsible step toward reducing gun violence in our State. I’ll 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 1589 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, please take the record. On that question, there are 57 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 1589, having received the required constitutional majority, is declared passed. With leave of the Body, we will turn to page 55 of the Calendar, which is where we left off earlier, to Senate Bill 1798. Senator Maloney. Indicates he’d like to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1798 creates a four-year pilot program at Eastern Illinois University that expands their institutional waiver, tuition waiver, from three percent to ten percent. The purpose of this is to increase the access and affordability for students. Eastern Illinois’ unique geographic situation is -- 105  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 is -- this will aim at stemming the out make -- migration of Illinois students to other states, particularly the State of Indiana. And the -- the aim is to assist low- and middle-income families with family income in the area of thirty-three to sixty thousand dollars. I would be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further -- further discussion? Senator Pankau.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Pankau.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney.

Thank you, Senator. My understanding is that there currently is a limit on institutional waivers for universities. Eastern is asking that they be allowed to be an exception to that -- to that maximum amount of tuition waivers.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Pankau.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney.

That’s correct, Senator. Currently, it’s capped at three percent. Eastern Illinois is asking that be raised to ten percent. And -- and this is the only university that is asking for this at this time.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Pankau.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney.

No -- no other university has indicated an interest in this at this time.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Tom Johnson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Johnson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney.

First of all, the money is institutional money. They will not require any raise in budget. It will cost them about 1.1 million dollars; however, they will get a net revenue of 2.3 million dollars with -- if -- in anticipation of the students that they retain as a result…(microphone cutoff)…offering this institutional waiver. The -- the maximum grant is going to be twenty-five hundred dollars. It’s specifically developed to provide additional financial aid, again, for those students whose family’s income range from thirty-three thousand dollars to sixty-six thousand dollars. The student must meet academic standards and there is a sunset date in this. 108  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney.

That’s correct, Senator.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, the question is, shall Senate Bill 1798 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 58 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 1798, having received the required constitutional majority, is declared passed. Senator Haine, for what purpose do you rise?

Well, I’m happy to be here next to Senator Maloney with that round of applause, first of all. On a point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR SULLIVAN) 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Please -- please state your point.

Mr. President and Ladies and Gentlemen of the Senate, I wish to introduce to you the parents and the -- some of the faculty and the students of the seventh and eighth grade class of St. Mary’s School in Edwardsville. They’re on the Republican side in the -- in the -- in the gallery - one of the top schools in our county and, of course, one of the top schools in the venerable county seat of Edwardsville, Illinois. Ladies and Gentlemen, St. Mary’s School.

PRESIDING OFFICER: (SENATOR SULLIVAN) Would our guests from St. Mary’s please rise? And welcome to the Illinois Senate. Continuing on the Calendar is Senate Bill 1799. Senator Steans. Senator Heather Steans. Out of the record. Senate Bill -- with leave of the Body, we will return to -- continue, actually, on Senate Bill 1799. Senator Steans wishes to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Thank you very much, Mr. President, Members of the committee {sic}. This is a very comprehensive bill that’s looking at redoing a lot of teacher certification and licensing processes. There’s going to need to be a new amendment put on in the House. Everyone’s okay with us moving it out of this 110  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Chamber and over to the House to continue work on it. We are looking at it being an agreed bill once it finally gets completed.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1799 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1799, having received the required constitutional majority, is declared passed. Senate Bill 1802. Senator Koehler. Senator Koehler seeks leave of the Body to return Senate Bill 1802 to -- to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1802. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler, on Amendment No. 2.

Thank you, Mr. President, Members of the Senate. This is a gut and replacement and I’ll speak to it 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? 111  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1802. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

Yes, thank you, Mr. President and Members of the Senate. This basically does the same thing that the original bill intended to do. It requires a competitive procurement process and a qualified expert to conduct the -- a competitive procurement process for municipalities, small communities, to be able to buy power. It creates the aggregation requirements. It imposes minimum requirements on the qualified expert. Clarifies the type of eligible consumers who may participate in aggregation. Allows aggregation customers to opt out once every three years for free. Allows the ICC to adopt emergency rules for -- to implement aggregation and limits a municipality in a county from disclosing customer information. This is a -- a bill that’s going to be continued to work on in the House, but it -- it really allows our communities to move ahead with chances to buy power at a cheaper rate for their -- for their residents. Appreciate an Aye vote and happy to answer any questions. 112  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

Yes, thank you for your question. Yes, you’re essentially right. I’ll just read you a small part here. It says, “The Director of the Illinois Power Agency shall provide governmental aggregators and other interested parties with the name of experts”. So, the municipalities can go to them if they want a list of experts, but that’s the only involvement.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- Senator Koehler.

Well, what -- what you’re -- what you’re asking is what the involvement of -- of the Illinois Power Agency is, and I guess I’m trying to stress that it’s minimal. They have a list of experts. What’s required here is that for municipalities or counties to aggregate, they need to have an expert that is in charge of -- of helping them to write the specs and to actually purchase the power. And what I’m -- I’m telling you is just that if they want to find where a list is available, they can go to the Illinois Power Agency and get a list of experts. So, that to me is a pretty minimal involvement, but I wanted to be truthful in answering your question.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

Your -- your opposition to the Illinois Power Agency has been noted. I will -- you’ve been consistent on that. It’s not really the point of this bill, but I’m happy to pass that message on to the House as they take this up.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator John O. Jones.

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Jacobs.

Senator, if you’re here in the General Assembly and you actually are here twenty years, couldn’t you write a letter to someone and say, “I have a problem with an agency”? Is that something you could do as a sitting Member of -- of the Illinois General Assembly? Do you have that power?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

I’m not sure I want to get into this - the middle of this. But, yes, I would have that power.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator Koehler -- Senator Lauzen, for a second time? Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler, do you wish to close? Senator Koehler.

116  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Yes, we’ll try to make this short and sweet. I’d appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1802 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Will all -- all the -- 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1802, having received the -- the required constitutional majority, is declared passed. Continuing on your printed Calendar, at the bottom of the page is Senate Bill 1804. Senator Althoff. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing 117  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 none, the question is, shall Senate Bill 1804 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1804, having received the required constitutional majority, is declared passed. Senator Maloney, for what purpose do you rise?

Thank you, Mr. President. I’d just like to be recorded as a Yes vote on the previous bill. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so record your intent. Senate Bill 1805. Senator Althoff. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1805 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1805, having received the required constitutional majority, is declared passed. Senate Bill 1808. Senator Noland. Mr. Secretary, Senator Noland seeks leave of the Body to return Senate Bill 1808 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1808. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland, on your amendment.

Thank you, Mr. President. The amendment is merely some cleanup language to one of our criminal statutes. Happy to explain it 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. And the Ayes have 119  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1808. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland.

Thank you, Mr. President. Pleasure to be here to see you today. Senate Bill 1808 clarifies that the -- the crime of tampering with public records expressly includes the knowing falsification of that public record. That’s it. Happy to take any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1808 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1808, having received the required constitutional majority, is declared passed. Senator Koehler, for what purpose do you rise? 120  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

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

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

Joining me here with Senator LaHood and myself is a good friend from Peoria. We happen to be lucky enough to split Peoria, but our Mayor, Jim Ardis. So, if you, please, would welcome him to the Senate.

PRESIDING OFFICER: (SENATOR SULLIVAN) Mayor Ardis, please rise. Welcome to the Illinois State Senate. Great to have you here today. Senator Brady, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Great to have you here. Ladies and Gentlemen, with leave of the Body, we will turn to page 54, go back to page 54, and that would be Senate Bill 1746. Senator Trotter. Senator Trotter seeks leave of the Body to return -- excuse me, no amendments on this, so Senate 121  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Bill 1746. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Trotter.

Thank you very much, Mr. President, Members of the Senate. What 1746 does is it repeals the Registered Titles (Torrens) Act, taking the date in which - the repeal date - which was -- originally the bill was July 1st, 2037, back to 2014. What it does is it releases roughly about eight million dollars, which will go to the Lead Prevention Fund, where -- there is no opposition to it. We have talked to the Recorder of Deeds, who is the administrator of the Fund. He said there would be no problem with it. This is a -- a major issue of the Cook County Department of Public Health and I just seek a Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1746 pass. All those in favor will vote Aye. And opposed, Nay. And 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, 1 voting Present. Senate Bill 1746, having received the required constitutional majority, is hereby declared passed. Going back to our -- to where we left off on page 56 is Senate Bill… Senate Bill 1809. Senator Noland. Indicates he’d like to 122  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 proceed. Senator Noland seeks leave of the Body to return Senate Bill 1809 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1809. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland, on your amendment.

Thank you, Mr. President. This is simply further cleanup language for our criminal statutes. Happy to explain it 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?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1809. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland. 123  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

Thank you, once again, Mr. President. Senate Amendment No. 1 and consequently the -- the bill amends the offense of criminal transmission of HIV and changes the mental state required for the commission of the crime from “knowing” to “specific intent”. The amendment also grants the court the power, that is as opposed to the prosecutor, to order the production of the medical records of a person accused of the offense of criminal transmission of HIV if there is a reasonable suspicion that the individual committed the crime. Happy to take any questions. There’s no known opposition. My understanding is that the AIDS Foundation of Chicago and the ACLU are both neutral on the bill. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland. 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

Thank you, Senator. This is to enable the prosecutors a little bit more clarity as to what the elements of the crime are, that is we’re moving from a knowing standard to a specific intent to transmit HIV. It allows the courts a little bit more discretion as far as the viewing of the -- the records and allows the alleged perpetrator -- or the alleged -- or the defendant a little bit more protection with respect to protection of his identity and -- and facts actually not in evidence.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland.

Well, the wisdom, in part, is the reliance on barrier technique. That’s not something that we would want to dissuade 125  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 individuals from. And just so that the -- the rest of the Senate is aware, I’m going to read the elements of the crime so that we’re clear on what -- what has to be proven by the prosecutor. Prosecutor will have to prove that, when this individual that you described, knowingly that they’re infected with HIV, engages in intimate contact with another; transfers, donates, or provides his or her blood, tissue, semen, organs, or potentially infectious body fluids for transmission, transplantation, insemination, or other administration to another; or dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia. So what we’re trying to do is make it so that individuals who may be perhaps visiting a club, who are -- is somewhat intimate, but not to this extent, that they are not subject to the prosecution. But those who otherwise fall under the categories that I just specified do. That’s the wisdom of -- of the language.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland.

Senator, what you’ve just described is the bringing of proofs and the making of a record. That’s what prosecution is for. It will be for the trier of fact to decide what the mind and the intent of the -- the accused was.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland.

127  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator, I’m not going to debate the science of barrier technique with you or the efficacy of condoms. However, this is a bill that was actually brought to me by the State’s Attorney and we labored long with the ACLU and the AIDS Foundation to reach an agreement. This is something that folks I think you would actually be friendly towards, as a former prosecutor, agreed to. So I am asking your support.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Tom Johnson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator Noland, to close.

Thank you, Mr. President. I’m sure that we’re all eager to kind of change the subject here, but I would just simply say that the likelihood of somebody carrying around a condom that’s ten years old is rather remote and obtuse, an extreme example of a scenario that might be carried out here. We are talking about greater access to records for prosecutors through the courts. It’s going to make it actually easier to prosecute these cases and make sure that only the proper cases are actually, in fact, prosecuted. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1809 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. 129  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 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 18 voting No -- 18 voting Aye, 33 voting Nay, 0 voting Present. Senate Bill 1809, having not received the constitutional majority, is declared failed. With leave of the Body, we will return to Senate Bill 1821. Senate Bill 1824. Senator Murphy. Senator Matt Murphy. Out of the record. Senate Bill 1826. Senator Schoenberg. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I’m sure we’re all relieved to move on to another order of business, discuss something a little more innocuous. 1820 -- Senate Bill 1826 is an initiative of the Comptroller’s and it creates a voluntary supplemental retirement plan for Illinois teachers. It would allow, but not necessarily mandate, school districts and community colleges to make this plan available in a menu of options to teachers and staff who voluntarily chose to participate in the plan. We’ve seen how -- examples how in Iowa and Arizona that competitively bid, supplemental plans have been very beneficial to those teachers. And I want to stress that this also places less of an administrative burden on school districts and that it also enhances competition. There’s 130  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 nothing from precluding anyone from opting in or opting out, whether it’s an individual, a district, or a particular business that wants to offer this type of product. I’d be happy to answer any questions. And, Mr. President, I have some legislative intent, at the appropriate time, I’d like to read into the record.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Bomke.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Further discussion? Seeing none, Senator Schoenberg.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. For purposes of establishing legislative intent, let me just say that the supplemental employee deferral plan, created by the State Comptroller, as authorized by this legislation, is a supplemental retirement savings program that would be made available to school districts, community colleges, in addition to retirement investment options already offered to their employees. Moreover, the bill would not give the Comptroller the authority to require school districts or community colleges to limit other retirement investment options offered by the school district or community colleges as a condition of participating in the supplemental employee deferral plan. Rather, it is intended to permit a school district or community college that participates in the supplemental employee deferral plan to offer their employees additional retirement investment options as determined by the school district or community college that were not selected by the Comptroller for this supplemental employee deferral plan. And then, just in closing, I wish to add that I think that there was some misunderstanding. I could see right away that there was some gray area emerging out of the hearing room. I think that this bill will indeed have subsequent revisions. There have been two separate - on 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 two separate occasions - meetings between the Comptroller’s Office and some of those interests that were -- had initially expressed some reservations. I anticipate that’ll continue and I’d urge an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Actually, there was one more speaker, Senator Schoenberg. Senator Haine.

Would the sponsor yield?

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Haine.

Yes, Senator Schoenberg, I note from the analysis that the Independent Insurance Agents, the Insurance and Financial Advisors Association, a number of others, believe that -- that this bill - and just say if it’s incorrect or not; I’m -- I -- you indicated this bill’s subject to further revision - but they believe that with this authority, the Comptroller will be entering the private marketplace to compete with private agencies that are currently performing this. So we have a State officer, clothed with the power of the State, entering the private marketplace. That’s their view apparently.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Thank you for raising that point, Senator. In response to that, I would say that this plan will in no way compete with private sector companies or private money, that all the contributions to the Comptroller’s plan would be public dollars 133  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 that a public employee voluntarily elects to defer to supplement his or her public sector retirement. And, moreover, that - I -- I think this probably strikes more to the heart of your question - that all private sector financial services companies would have an opportunity to submit competitive bid for the administration of the plan. And the -- the Comptroller will indeed engage one or more private companies in -- in a competitive bidding process that’s guided by the Procurement Code to administer plan -- the plan.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

Thank you, Senator. So, as I understand this then, the Comptroller will determine who will deal with school -- school board X on the provision of these financial services, rather than through the process of accreditation, rather than the current practice of the State licensing the agency and then that agency dealing directly with that school board. Am I wrong on that?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

No, I -- I think you’re pretty much on point. I want to add to that, however, that those investment advisors, brokers, insurance agents, that chose not to participate in the Comptroller’s plan can -- may indeed continue to offer competing plans and products outside of the plan that they’re offering and any others that they prefer to offer in the future. So, I -- I -- I think that this enhances competition rather than constricts 134  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 competition and I think we’re going to be talking that through a little more in the House when -- when we send this bill over.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

To -- to the bill: And I -- I appreciate Senator Schoenberg’s answers and his work on this bill. We didn’t -- it’s -- I wasn’t a part of the committee discussion, of course, and I’m reading this for the first time. But -- to me - again, I stand to be corrected - this is an effort to -- to have competition among those approved and accredited by the Comptroller. So it necessarily limits the marketplace. If she’s okay with them, then they enter the marketplace that she has set up. And we -- we have a licensure law and a Department of Insurance - two departments which regulate all of these independent agents and -- and they decide who enters the greater marketplace with school board X to deal with this. So I -- I just am reluctant to vote to give the Comptroller the power, without careful scrutiny, to reduce a marketplace without any justification for it. I’d like to see this thing fleshed out over time.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Brady.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Schoenberg, do you wish to close? Senator Schoenberg.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I think if we look at -- I appreciate all the comments that were made. I -- as I indicated earlier, I expect that we will have further discussion on this very issue. And if we look at the models of what has occurred in Iowa and Arizona, in Iowa you’ve had hundreds -- more than six hundred advisors currently participating in that plan, so it’s hardly restrictive. And I would urge my colleagues to support Comptroller Topinka’s plan and vote Aye.

PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 1826 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 19 voting Aye, 30 voting Nay, 5 voting Present. Senate Bill 1826, having not received the required constitutional majority, is declared failed. Continuing on the Calendar, on page 56 is Senate Bill 1827. Senator Kotowski. Mr. Secretary, please read the bill. 136  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This is legislation that I brought to the Floor before and I think we had some unresolved questions connected to it, which I’m going to address today. This -- it allows -- it amends the Public (Aid) Code to alleviate the Department of Healthcare and Family Services from the duty and authority to collect interest accrued on any child support obligations. What’s important about this legislation is that in the fiscal year -- previous fiscal year, the Department spent 2.1 million on calculating and attempting to collect interest on child support and only collected 1.9 million in interest. Now the Department intends to use the two hundred thousand in savings from the -- from the forgoing of the collection of interest on child support for the enforcement of regular child support obligations. Department believes the reallocation of resources could result in an additional twenty million in child support collections each year. The fact is, the way they’ve currently been doing it has not been cost -- cost-efficient or effective. This is one of the shining stars within the State of Illinois in terms of going through performance-based budgeting and funding and they’ve come up with this initiative. They looked at -- the allocation of resources was just not simply effective. There’s 137  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 a better way allocate resources to produce a more effective result. More than happy to answer any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there further discussion? Seeing none, the question is, shall Senate Bill 1827 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1827, having received the required constitutional majority, is hereby declared passed. Senator Harmon, for what purpose do you rise?

For purposes of an introduction, Mr. President.

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your introduction.

Thank you, Mr. President. I have some very special guests with me on the Floor. They’ve been here for a while, but I’ve refrained from introducing them ‘cause I was worried they were not going to get thirty votes with the mood the Chamber is in here. I have with me from River Forest the McAllister family. 138  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Jimmy and Katie are students at St. Luke School. Jimmy’s in the eighth grade and heading for Fenwick High School next year, the -- the school that produced our fine Governor. And Katie’s in the sixth grade. They’re joined here by their mom, Sherry. I’d ask you to join me in giving them a warm Senate welcome.

PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guests please rise? Welcome to the Illinois State Senate. Ladies and Gentlemen, the Senate will stand in recess to the call of the Chair. After committee meetings, the Senate will reconvene to receive committee reports and for further Floor action. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)

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

PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, House Bills 1st Reading.

PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, we’re going to turn back to the Order of Senate Bills 3rd Reading. If all Members of the Senate within the sound of my voice could please be at their desks, we -- this will be final action. We are going to pick up on our Calendar on the Order of Senate Bills 3rd Reading where we left off. I’d ask all Members of the Senate to be at 140  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 their desks. WICS -- WICS Television seeks leave to videotape the proceeding. Is there any objection? Seeing no objection, leave is granted. Ladies and Gentlemen of the Senate, on the top of page 56 of your printed Calendar, on the Order of Senate Bills 3rd Reading, Senate Bill 1831. Senator Raoul. Do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1831 amends the Chicago Teachers Pension Article by updating the way the pension credit is awarded. Currently, there is a five-day/ten-day rule in which a teacher who works five out of ten days receives a two-week pension credit. If a teacher works less than five days, they receive no credit. Senate Bill 1831 will move the calculation to a one- day/one-day rule to ensure that a day’s pay equals a day’s credit. It also defines one year of service credit to be one hundred and seventy days of paid employment. Both of these rules are already used in the down -- Downstate Teachers Pension Article.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Tom Johnson, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield. Senator Johnson.

PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.

The -- the bill provides that the -- when computing days, the -- the contributor shall receive one day of service credit for each day for which they are paid salary representing a partial or full day of employment rendered to the employer or the Board - for each day that they are paid salary.

PRESIDING OFFICER: (SENATOR HARMON) Senator Johnson.

PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.

I’m -- I’m sure you wouldn’t just work one hour, but this is kind -- just -- just -- just like us. 142  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 1831 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, none voting No, none voting Present. And Senate Bill 1831, having received the required constitutional majority, is declared passed. Senate Bill 1832. Senator Raoul. Madam -- out of the record. Senate Bill 1833. Senator Murphy. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1833 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting No, none voting Present. Senate Bill 1833, having received the required constitutional majority, is declared passed. Senate Bill 1843. Senator Martinez. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez.

Thank -- thank you, Mr. -- Mr. President and -- and Members of the Senate. I’m trying to get myself organized here. It amends the Medical Practice Act to permit any licensed physician, including a licensed chiropractic physician, under the Act to administer atmospheric oxygen.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1843 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. Senate Bill 1843, having received the 144  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 required constitutional majority, is declared passed. Senate Bill 1847. Senator Link. Senate Bill 1849. Senator Link. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Link.

Thank you, Mr. President. This require -- this bill is the result -- or, changes the depositing of the Horse Racing Fund into the Horse Racing -- or, changes the Illinois Horse Racing Act to be deposited into the Horse Racing Fund. And currently this revenue is -- are deposited in the General Revenue Fund. The bill will result in an increase of four hundred and seventy- five thousand dollars in the Horse Racing Fund, which will be used to fund Illinois Racing Board. I know of no objection. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 1849 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 2 voting No, none voting Present. And Senate Bill 1849, having received the required constitutional majority, is declared passed. Senate Bill 1852. Senator Luechtefeld. Senator Luechtefeld seeks leave of the Body to recall Senate 145  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Bill 1852 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1852. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Luechtefeld, on the amendment.

PRESIDING OFFICER: (SENATOR HARMON) Senator Luechtefeld moves for the adoption of Floor Amendment No. 1. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1852. Senator Luechtefeld. Madam Secretary…

PRESIDING OFFICER: (SENATOR HARMON) …please read the bill. Senator. Senator. Please read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR HARMON) Senator Luechtefeld, we’re ready for you now.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Koehler, for what purpose do you seek recognition?

Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

Yes, I rise in support of this. I think this is a good bill and I actually have a companion bill - that I consider a companion bill - Senate Bill 840, which talks about the food cottage industry, and this works very much in conjunction with that. We’ve got an emerging industry here of folks that want to be involved in farmers’ markets. I participate in ‘em with my business and I just commend the Senator for bringing this forward. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) 147  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Is there any further discussion? Seeing none, the question is, shall Senate Bill 1852 pass. All those in favor, vote Aye. Opposed, Nay. I’m sorry. All in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1852, having received the required constitutional majority, is declared passed. Senator Luechtefeld, are you seeking recognition? Continuing on the Order of Senate Bills 3rd Reading is Senate Bill 1853. Senator Emil Jones. Senator Jones seeks leave of the Body to return Senate Bill 1853 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1853. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones, to present the amendment.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones moves for the adoption of Floor Amendment No. 4. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1853. Senator Jones, do you wish to proceed? Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Trotter, for what purpose do you seek recognition?

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates that he will yield. Senator Trotter.

Thank you very much. Before -- I do have several questions, but I would like just to make just a comment. I mean, little over a year and a half ago, I mean, each and every one of us were witnesses to one of the most horrific crimes done to not only the living, which are the survivors of individuals that were in the cemeteries, but also to the interners {sic}, those who were interred at any funeral home. Anybody’s worst movie that you’ve seen and thought about, be you scared of ghosts or just uncomfortable with dead, this had to upset you. And as a consequence of what happened at Burr Oak in Alsip, Illinois, many of us said, never again. But as we know, there’s no such thing as never again. We also wanted to believe, because we wanted to go into denial and -- and say to ourselves, well, this probably never happened before. But the truth is that was not an anomaly. And it wasn’t an anomaly and it could happen again, because the fact is we do not have protections to ensure that that doesn’t happen as often as it probably does. We’ve all heard of body snatchers. We all know about desecration of graves, and we’ve done it under the sake of science. We’ve done it for a lot of reasons. But the Cemetery Oversight bill certainly put in some -- some necessary 150  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 protections. Today, we’re here to look at an issue with something that is being called a trailer bill when, in fact, it undos -- or, it undoes everything that we attempted to do last year. So, to the bill and questions to the sponsor: What percentage of the industry will be regulated by your bill?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

So only four percent of the cemeteries will be affected or would be -- have any kind of -- we will have any kind of control over out of the multiple cemeteries, the hundreds of cemeteries, that are in this State. Why is it the State’s Attorney’s Office is not in favor of your bill?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

Can you share with us what that agreement is?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones. 151  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

And -- and you’re absolutely correct. They did not want to be the enforcer, neither did the Attorney General. They didn’t want to be the enforcer for the simple fact there are other priorities, which is why we created last year’s bill, which we, in fact, had the Department of Professional Regulations {sic} (Regulation) heading up that enforcement group. So, no -- no question about it. They did not want to be the enforcers of that. Okay. The Cook County Sheriff, what is his position on the bill?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

I guess I didn’t understand the -- the cheers of the crowd. There’s nothing about what happened in Burr Oak to cheer about. So what do you mean the cheers of the crowd?

PRESIDING OFFICER: (SENATOR HARMON) 152  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

Okay. One of the provisions that was in the bill that we thought would ensure that there at least be some regulation was the creation of a central database. Is that in your legislation and how does it operate?

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter. Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator -- Senator Trotter.

The information that I have is that they voluntarily do it on their own. There is nothing that defines that they must do it and the reason why they should do it and -- and they actually -- what I understand is that most of the cemeteries look at this database as a good idea, because it sort of alleviates them from trying to keep records from -- on their own. By going on the Internet, they can record and pinpoint exactly and whom is buried where and when. So eliminating that brings what protections to those families who would like to have information 153  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 of the -- their family member’s plot?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

But we can’t prove that, because the fact is if there is not a central database, if there’s no depository where that information is, we don’t know until someone asks. And since you said that there is no -- the State’s Attorney and the Attorney General do not want to be the enforcers or the oversight protectors of these family members and their loved ones, then there’s nothing. So, essentially, what your bill is doing is decimating those protections that we deemed necessary so something such as what happened last year at Burr Oak ever happens again. And -- and -- and, further, this legislation that you have - and what the other bill did have, and that was input from other people besides just cemetery owners - who was at the meeting that put your bill together?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

So what you’re saying is, we had the fox setting up the rules of how to watch the henhouse. I mean, what -- what else was there? The cemetery owners, the cemetery -- small cemetery, big cemeteries and the Cemetery Association, and so it -- the thing is, is we had a bill that was negotiated by all those people who would be impacted by what’s going on. Also what was set up in the original language was, one, a continual task force that would look at these issues, that would possibly correct some of the overzealous things we might have done because of the -- the passion that we had because of what had happened at that time. Senator, I don’t take away from that you want to make a bad situation better, but you’re doing it with not a good bill. I think there is some things that we can do to tighten up, to clean up the original oversight committee -- the Cemetery Oversight legislation, but this isn’t it. This isn’t it. We cannot create something in a vacuum and expect it to work. We cannot create something whereas ninety-six percent of those individuals, those cemeteries, is exempt. What did we do? Our bill, the original bill, said there’s fifty-one laws that’s already on the books. The original bill codified those laws. They are not codified in your bill. We have protections. We have good legislation. Let’s continue to work with that board from people who -- from all sides of the table, from ministers, from loved ones, from people in association, with attorneys, with the State’s Attorney’s Office, and clean up something 155  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 that’s already good and make it better. This is not it.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Jacobs, for what purpose do you rise?

Mr. President, I call the previous question.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. There are five Senators -- six Senators seeking recognition. Senator Righter, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones. 156  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones. 158  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones. 161  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter, do you have another question? I’m sorry. 162  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Ladies and Gentlemen of the Senate, I would remind you that Senator Jacobs has moved the previous question. There are Senators who have indicated their desire to speak after that motion. I’m going to recognize those who have asked to speak before the motion. Senator McCarter, for what purpose do you seek recognition? SENATOR McCARTER: Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield. SENATOR McCARTER: Senator Jones, I -- I heard someone else say that -- that the number of cemeteries that would not be under this -- this new law, this increased burden, was four percent. But in committee, I heard it as three percent. Is it three or four?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Senator Jones, would any -- anything in this new law have prevented the situation in Burr Oak?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones. SENATOR McCARTER: In -- in your opinion?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Well, thank you for that very honest answer. What -- what would happen if this does not pass? What would happen to Kenny Joseph’s Family Cemetery down the road from me, with just a few sites and very little money to upkeep and -- and -- and -- you know, what -- what would happen if this doesn’t pass?

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: To the bill.

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. SENATOR McCARTER: I -- I -- I commend Senator Jones for trying to make a very -- what I consider a very bad bill tolerable and specifically trying to save some of these smaller cemeteries. I, too, with Senator Righter, believe that this -- this -- this whole -- whole Act should be repealed. Now, I understand the reality of that, Senator Jones, and I appreciate your attempts to save a few. I don’t agree that this four percent will now be on a unlevel playing field, because they will have more burden put on ‘em, increased costs, and that will be put onto consumers. I don’t see where there’s a good vote on this issue today. The only good vote would be to repeal the Act. So I commend you for what you’ve done to salvage this. I thank you for your honest opinion that everything that’s under this Act today would not have prevented the bad situation that we supposedly reacted to. Thank you for your help. I will, with difficulty, vote in favor of your bill.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Pankau, for what purpose do 166  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Millner, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) 167  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 To the bill, Senator.

PRESIDING OFFICER: (SENATOR HARMON) Thank you. Senator Maloney, for what purpose do you seek recognition?

Thank you, Mr. President. To the bill: Everybody has mentioned, and they’re correct, that this -- the original legislation was a response to the nightmare situation at -- at Burr Oak. And as well-intentioned as that bill was, it did put undue burden on small cemeteries, perhaps family-owned 168  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 cemeteries, who were doing a responsible job and did nothing to contribute to the situation at Burr Oak. I received calls from a few cemeteries in my district and took the time to personally inspect them and found that their -- their recordkeeping process was -- was very, very definitely responsible and adequate and I would urge the passage of this legislation.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Luechtefeld, are you seeking recognition?

PRESIDING OFFICER: (SENATOR HARMON) Our last speaker seeking recognition is Senator Crotty. For what purpose do you rise?

To the bill.

PRESIDING OFFICER: (SENATOR HARMON) …bill, Senator.

Senator Righter, I think Senator Luechtefeld just volunteered for a summer job. But in -- in all sincerity, I 169  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 think I’ve -- I’ve listened to quite a few of you and -- and being the Co-Chair of JCAR and my Representative Co-Chair, Skip Saviano, the two of us, at one time, met with all the cemeteries and -- and then we made a phone call to Senator Jones, and the - - the feedback we got back from the cemeteries is they were very taken back that Senator Jones traveled across the State and met with the small cemetery owners. As -- as we pass legislation and it goes to JCAR and it goes through the rules, sometimes the best intent on our legislation really gets snarled up in trying to get that piece of legislation actually acted on through the agency, and this -- this piece of legislation had a lot of flaws. And because of that, we were able to sort of slow down the process a little bit so that our small cemeteries -- the volunteers that work in -- in these cemeteries weren’t held liable. I want to commend Senator Jones. He has done an outstanding job with something that was very, very close to him and it’s -- and it’s also in his district. So, I encourage everyone to please vote Yes on this bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones, do you wish to close? Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 1853 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 2 voting No, 1 voting Present. And Senate Bill 1853, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, I have a committee announcement. The Senate Appropriations I Committee will meet tomorrow morning at 8:30 a.m. in Room 212. That’s the Senate Appropriations I Committee meeting tomorrow morning at 8:30 a.m. in Room 12 -- 212. Thank you. Continuing on our Calendar, on the Order of Senate Bills 3rd Reading, near the bottom of page 56 of your printed Calendar, is Senate Bill 1856. Senator McCarter. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Senate Bill 1856 requires the Department of Transportation to, not more then ten years after a protected corridor is established, conduct a public hearing to discuss the viability and feasibility of the protected corridor. IDOT shall remain -- it shall remain at their discretion whether or not the corridor 171  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 should be protected. If the Department determines that construction of the roadway is no longer feasible, then the Department shall abolish the -- the protected corridor. This came about with the Gateway Connector in my area. We had asked for a number of things. We whittled it down to something that the Department was -- was comfortable with that didn’t cost any additional funds. And I think, right now, we’ve -- we’ve taken it down to a public hearing just to show people where we’re at in the corridor -- the protected corridor. The problem with extending this out as long as it is, is you freeze folks’ assets and their ability to improve their property. And so I think this is the -- the least we can do for them is to give them a hearing and show them where we are in our plans. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1856 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. And Senate Bill 1856, having received the required constitutional majority, is declared passed. Senate Bill 1877. Senator Wilhelmi. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) 172  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Wilhelmi.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1877 makes two changes to the Illinois Power of Attorney Act. First, it -- there’s a scrivener’s error that we’re -- we’re correcting. And, second, the bill deletes two provisions of the Act which allow the agent to automatically have authority to review health care records once the power of attorney for health care is signed by a patient. This is having the effect -- because of the effectiveness of -- of these powers of attorney going into effect immediately, what’s happening is that a lot of our family members and our neighbors and our constituents are not signing health care power of attorney. And that’s because they don’t want their agent to have immediate access to their health records. So now we’re going to go back to the original Act, before the rewrite from last year, and make sure that it’s clear that they have the -- the right and the authority to identify when the records can be reviewed. And usually that’s at the point of incapacitation. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1877 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. Senate Bill 1877, having received the required constitutional majority, is declared passed. At the bottom of page 56 on your printed Calendar, Senate Bill 1883. 173  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Maloney. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Maloney.

Thank you, Mr. President. Senate Bill 1883 amends -- or, it will require each State university to report annually to the Board of Higher Education any programs of instruction that have been terminated, dissolved, reduced, or consolidated. In addition, they will report to the IBHE any programs that trend toward low performance in enrollment or high expense per degree. At that point, after a period of consultation with the appropriate governing board, IBHE then will be authorized to take action on the dissolution or reduction of these programs. I’d be happy to answer any question.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1883 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. Senate Bill 1883, having received the required constitutional majority, is declared passed. At the top of page 57 on your printed Calendar, Senate Bill 1898. Senator Clayborne. Senate Bill -- Senate Bill 1900. Senator Clayborne. Madam Secretary, please read the bill. 174  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.

Thank you, Mr. President, Members of the Senate. Senate Bill 1900 creates a brownfield remediation tax credit, which is equal to the cost of remediating a property that is enrolled in the Illinois Environmental Protection Agency’s Site Remediation Program.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Pankau, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Pankau.

PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.

Not -- not -- the original owner cannot get this tax credit -- or -- or, the person who contaminated the property. 175  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Pankau.

PRESIDING OFFICER: (SENATOR HARMON) There any further discussion? Seeing none, the question is, shall Senate Bill 1900 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. Senate Bill 1900, having received the required constitutional majority, is declared passed. Senate Bill 1907. Senator Sandoval. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Thank you, Mr. President. This is initiative of the Illinois Farm Bureau. It amends the Illinois Vehicle Code and adjusts the fine for improperly displaying a slow-moving vehicle emblem for a first offense. I’d ask a favorable vote.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Bomke, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 1907 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 2 voting No, none voting Present. And Senate Bill 1907, having received the required constitutional majority, is declared passed. Senate Bill 1914. Senator Sullivan. Senator Sullivan seeks leave of the Body to return Senate Bill 1914 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1914. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, on the amendment.

The amendment is just a technical change. I’ll discuss it on 3rd.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan moves for the adoption of Floor Amendment No. 2 to Senate Bill 1914. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration? 177  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1914. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

Thank you, Mr. President and Members of the Senate. 1914 provides another way to give notice that entry is forbidden on property under the -- under the criminal trespassing statute; that an owner or lessee may place indentifying purple marks on a tree or a post surrounding the -- the property. And it also -- because of concerns that were brought up in the committee, some amendments were added that describes the manner in which the public will be informed concerning the new changes in the law. It incorporates the Department of Ag and the Department of Natural Resources to help educate the public on this issue. This issue came to me from the Illinois Forestry Association, but actually I’ve known about it for quite some time because the State of Missouri has been identifying and using purple marks on trees and posts and so on to -- to tell the public that that is the same as a no trespassing sign. And so that’s what this legislation does. I’d be more than happy to answer any questions. 178  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter, could you pull the microphone up a little bit?

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

You know that’s ironic, ‘cause my colleague sitting beside me just asked me that same question. I -- I don’t think there’s any really specific reason for it that I’m aware of. I just know that other states - and I mentioned Missouri - has used that purple color in the past. So that’s what -- we kind of wanted some -- a little bit of consistency at least from an adjoining state. So I don’t think there was any real reason for the purple.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) …bill, Senator.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, do you wish to close? Senator Sullivan.

Thank you, Mr. President. You know, I can -- I appreciate the concerns that were -- that have been brought up. I -- I -- there -- you know, I suppose that there could be some extreme cases, as the previous speaker spoke about, but, really, the purpose of this is more to be used out in the ag and the rural areas of the -- of the State. It is -- if somebody still wants to continue to use a No Trespassing sign, they obviously can do that. As a matter of fact, they’re required to do that at least for the first year, during the education process. I simply ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 1914 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 voting Aye, 9 voting No, 2 voting Present. And Senate Bill 1914, having received the required constitutional majority, is declared passed. Senate Bill 1918. Senator Trotter. Senate Bill 1923. Senator Hutchinson. Senator Hutchinson seeks leave of the Body to return Senate Bill 1923 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1923. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 181  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Hutchinson, to explain your amendment.

Floor Amendment 2 guts and becomes the bill. I’d be happy to explain it on 3rd.

PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson moves for the adoption of Floor Amendment No. 2 to Senate Bill 1923. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1923. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.

Thank you, Mr. President and Members of the Senate. Senate Bill 1923 is agreed language from IDOT that will update their target market program to be constitutionally compliant. This amendment is drafted to preserve the intent of the target market program - to achieve diversity goals and to address disparities in contract participation and awarding - while addressing some issues where similar statutory language was challenged in 182  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 federal court. Senate Floor Amendment No. 2 addresses these issues in the following ways: It requires IDOT and its chief procurement officer to review all evidence of racial and gender discrimination specifically related to transportation construction projects; provides for greater transparency in the target market program creation process by providing for public involvement through public hearings; each January, IDOT and its chief procurement officer are required to report to the General Assembly the actions of the Department regarding this program; and it clarifies that the program contract results count toward fulfillment of the State-funded construction program goals under the -- under the other -- current law; clarifies that businesses authorized to participate in the target market program must be certified as disadvantaged businesses pursuant to the provisions of Section 6d of the Business Enterprise Program law. We knew that there was similar language that was struck down. We need to give this program a chance to work. This brings it into a situation where we think we can withstand any court challenges. This makes the program better and allows it to do what it was intended to do. And I’m happy to ask any questions -- answer.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1923 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 45 voting Aye, 6 voting No, none voting Present. And Senate Bill 1923, having received the required constitutional majority, is declared passed. Senate Bill 1924. Senator Hutchinson. Madam Secretary, please read 183  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.

Thank you, Mr. President. Senate Bill 1924 is an initiative of the Secretary of State. The proposal cleans up and makes minor substantive changes to the Vehicle Code and the Illinois Identification Card Act pertaining to school bus driver licenses, instructional permits, revealing medical conditions, ID card error, revoking licenses, and vehicle training schools. This is cleanup language. I’d ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1924 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting No, none voting Present. And Senate Bill 1924, having received the required constitutional majority, is declared passed. Senate Bill 1927. Senator Link. Senator Link seeks leave of the Body to return Senate Bill 1927 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1927. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Link.

Thank you, Mr. President. This is just adding a provision in that I’ll be more than happy to talk on 3rd Reading about.

PRESIDING OFFICER: (SENATOR HARMON) Senator Link moves for the adoption of Floor Amendment No. 1 to Senate Bill 1927. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1927. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Link.

Thank you, Mr. President. This is an initiative of the State Board of Elections. It is a trailer bill to conform with dates within the Election Code and other Acts with the dates change made in Public Act 96-1008. I’ll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR HARMON) 185  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Is there any discussion? Seeing none, the question is, shall Senate Bill 1927 pass. All in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. And Senate Bill 1927, having received the required constitutional majority, is declared passed. Senate Bill 1932. Senator Murphy. Senator Murphy seeks leave of the Body to return Senate Bill 1932 to the Order of -- Madam Secretary, out of the record. Senate Bill 1936. Senator Radogno. Senate Bill 1945. Senator Delgado. Senator Delgado seeks leave of the Body to return Senate Bill 1945 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1945. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado, to explain the amendment.

Thank you. I’d like to explain it on 3rd, please.

PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado moves for the adoption of Floor Amendment No. 2 to Senate Bill 1945. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1945. Senator Delgado. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado, to explain the bill.

Thank you, Mr. President, Members of the Senate. As amended by Floor Amendment No. 2, Senate Bill 1945, which is effective on 7-1-2012, is modeled after councils in Alaska and Oregon. The Department of Public Health estimates the cost of implementing this bill to be approximately four hundred thousand dollars. 1945, with this amendment, as introduced by DPH and Illinois Retail Merchants’ Association, makes that a clear implementation of Senate Bill 1945 is contingent upon the availability and appropriation of funds from grant money applied by DPH. And also, the Committee {sic} Amendment No. 2 requires the council created by Senate Bill 1945 to work with the State Health Improvement Council and adds pharmacists to the list of health care providers to be considered for membership on the State Health Care Workforce Council. And I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 1945 pass. All those in 187  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting No, none voting Present. Senate Bill 1945, having received the required constitutional majority, is declared passed. Senate Bill 1948. Senator Delgado. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.

Thank you, Mr. President and Members of the Senate. Senate Bill 1948, as amended by Committee Amendment No. 2, amends the Children {sic} (Children’s) Health Insurance Program Act, the ALL KIDS Health Insurance Act, and the Public Aid Code to include a dental home initiative for children covered under all three Acts. The Department of Healthcare and Family Services will work with the dental community and the Head Start program to promote the concept of a dental home; two, and foster the relationship between the child patient and dentist; and ensure all children covered under these medical assistance programs have access to preventative and restorative oral healthcare. And I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1948 pass. All those in favor, vote Aye. 188  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. Senate Bill 1948, having received the required constitutional majority, is declared passed. Senate Bill 1949. Senator Delgado. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.

Thank you, Mr. President and Members of the Senate. Senate Bill 1949 provides that the initial permanency hearing for an abused or neglected minor shall be held within twelve months from the date temporary custody of the minor was taken, regardless of whether an adjudication or dispositional hearing has been completed within that timeframe. Senate Bill 1949 is an initiative of DCFS and is intended to ensure compliance with federal law, which provides federal reimbursement funds for foster care payments so long as Illinois conforms with certain requirements. And I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1949 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the 189  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 record. On that question, there are 59 voting Aye, none voting No, none voting Present. Senate Bill 1949, having received the required constitutional majority, is declared passed. Senate Bill 1951. Senator Radogno. Senate Bill 1952. Senator Althoff. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Cultra, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any further discussion? Seeing none, the question is, shall Senate Bill 1952 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting No, none voting Present. And Senate Bill 1952, having received the required constitutional majority, is declared passed. At the bottom of page 57 of your printed Calendar, Senate Bill 1962. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall -- Senate Bill 1962 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. And Senate Bill 1962, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, turning to the top of page -- Senator Forby, for what purpose do you seek recognition?

That last bill, I want to be appointed {sic} as an Aye.

PRESIDING OFFICER: (SENATOR HARMON) The record will reflect your intention to have voted Aye on Senate Bill 1962. Thank you, Senator Forby. Senator Raoul, for what purpose do you rise?

On -- on that last bill, I intended to vote Present.

PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul, the record will reflect your intention to have voted Present on Senate Bill 1962. Is there anyone else seeking to clarify the record? Ladies and Gentlemen of the Senate, at the top of page 58 of your printed Calendar, still on the Order of Senate Bills 3rd Reading, is Senate Bill 1968. Senator Clayborne. Madam Secretary, please read the bill. 192  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.

Thank you -- thank you, Mr. President. Senate Bill 1968 provides that the Department on -- on Aging shall present awards to older direct care workers at the Seniors Illinois’ {sic} (Senior Illinoisans) Hall of Fame awards, instead of the Governor’s Conference on Aging or at a similar venue.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 1968 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting No, none voting Present. Senate Bill 1968, having received the required constitutional majority, is declared passed. Senate Bill 1971. Senator Althoff. Senator Althoff seeks leave of the Body to return Senate Bill 1971 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1971. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff, on the amendment. 193  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff moves for the adoption of Floor Amendment No. 2 to Senate Bill 1971. All in favor, vote Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1971. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1971 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 194  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting No, none voting Present. Senate Bill 1971, having received the required constitutional majority, is declared passed. Senate Bill 1972. Senator Althoff. Senator Althoff seeks leave of the Body to return Senate Bill 1972 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1972. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff moves for the adoption of Floor Amendment No. 1 to Senate Bill 1972. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1972. Senator Althoff.

PRESIDING OFFICER: (SENATOR HARMON) Senator -- Senator, I apologize. I’m moving too quickly for my own good. Madam Secretary, please read the bill a 3rd time.

PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1972 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting No, none voting Present. Senate Bill 1972, having received the required constitutional majority, is declared passed. Senate Bill 1982. Senator Steans. Senate Bill 1984. Back to Senator Althoff. Senate Bill 1992. Senator Dillard. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Dillard.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1992 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 1 voting No, none voting Present. And Senate Bill 1992, having received the required constitutional majority, is declared passed. Senator Lauzen, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator. 197  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Senate, Greenman School. Please rise and be recognized. Continuing on the Calendar on the Order of Senate Bills 3rd Reading, Senate Bill 1996. Senator Noland. Senator Noland seeks leave of the Body to return Senate Bill 1996 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1996. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Noland, to explain your amendment.

Thank you, Mr. President. I’d like to explain the amendment on 3rd Reading, if I may.

PRESIDING OFFICER: (SENATOR HARMON) Senator Noland moves for the adoption of Floor Amendment No. 2. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 198  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1996. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.

Thank you, again, Mr. President. Floor Amendment No. 2 adds a Section to the Mobile Home Landlord and Tenant Rights Act requiring the Department of Public Health to create a plan to address the -- the relocation of mobile home owners who are compelled to relocate because of the sale of the mobile home park or the closure of the mobile home park. It also calls for the creation of a Manufactured Housing Relocation Fund and for this plan to be in place by October 1st. This is a collaboration of the Mobile Home Owners Association of Illinois in collaboration, as I say, with the Illinois Manufactured Housing Association and the AARP. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 1996 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, 7 voting No, none voting Present. Senate Bill 1996, having received the required constitutional majority, is declared passed. Senate Bill 1999. Senate Bill 2002. Senator 199  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Delgado. Madam Secretary, Senator -- Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.

Thank you, Mr. President and Members of the Senate. Senate Bill -- I’m sorry, 2002 exempts a lender or bank that forecloses properties within the City of Chicago from sending a notice to the City when it initiates the foreclosure process against a homeowner. Senate Bill 2002 is an initiative of the City -- Chicago City Clerk. According -- according to the City Clerk’s Office, the City of Chicago already tracks home foreclosures in Chicago. The additional notice now required under current law has added an additional administrative burden of processing these notices and preserving them in accordance with the City Clerk’s record retention policy. And I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2002 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 7 voting No, none voting Present. Senate Bill 2002, having received the required constitutional majority, is declared passed. Senate 200  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Bill 2004. Senator Jacobs. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jacobs.

Thank you, Mr. President. This is an initiative of the Illinois Association of Professional Process Servers, the Illinois Sheriffs’ Association and the Detective and Security Agencies. This adds an individual commits an assault or a battery known to be a -- when a person is known to be a process server in performance of their delivery of court documents. I know of no opposition. Appreciate your support.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 2004 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 1 voting No, none voting Present. And Senate Bill 2004, having received the required constitutional majority, is declared passed. Senate Bill 2010. Senator Frerichs. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

Mr. President, Senate Bill 2010 provides a framework in the Illinois Fertilizer Act to secure a stable, well-funded and responsive research and education program to address nutrient efficiency and water quality challenges. This bill, we have worked with the industry. We’ve worked with other groups. I know of no opposition. It’s been supported by the fertilizer industry, as well as the Sierra Club.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 2010 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. Senate Bill 2010, having received the required constitutional majority, is declared passed. Senate Bill 2015. Senator Silverstein. Madam Secretary, Senator -- Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

Thank you, Mr. President. This, in circumstances, will 202  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 extend the power of a temporary guardian more than sixty days.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2015 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. Senate Bill 2015, having received the required constitutional majority, is declared passed. Senate Bill 2018. Senate Bill 2022. Senator Radogno. Senate Bill 2024. Senator Kotowski. Senate Bill 2033. Senator Mulroe. Senate Bill 2034. Senator Muñoz. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2034 is an initiative of the State Fire Marshal’s Office. The bill allows the Fire Marshal vehicles to use oscillating, rotating or flashing lights for these vehicles and they are trained personnel - most of the time, peace officers. It was on agreed a bill -- agreed-upon bill list in Transportation. I know of no opposition.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, 203  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 the question is, shall Senate Bill 2034 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. Senate Bill 2034, having received the required constitutional majority, is declared passed. Senator Forby, for what purpose do you rise?

Thank you. It’s been a long day. On 2010, I want to be a Yes vote.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. The record will reflect your intention. Senate Bill 2037. Senator Sullivan. Senator Sullivan seeks leave of the Body to return Senate Bill 2037 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2037. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, to present the amendment.

Thank you, Mr. President. The amendment becomes the bill. I’ll be happy to discuss it on 3rd.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan moves for the adoption of Floor Amendment No. 2 to Senate Bill 2037. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for 204  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2037. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

Thank you, Mr. President and Members of the Senate. A few years ago, we passed some legislation with regard to elevators and inspections and testing by the Fire Marshal’s Office, and immediately after we did that, I started hearing from a number of -- mostly churches, and -- and smaller churches in more of the rural areas of the State, that felt like the -- the burden, the financial burden, of having an inspection by the Fire Marshal, as well as somebody out there to witness that inspection, was -- was cost prohibitive. So, over the last couple years, I’ve been working with some constituents and I’ve come up with what I think is a good bill and I think what is an -- an agreed bill by all involved that basically does several things. First of all, it provides that an elevator owner may receive certification from the Fire Marshal every year if the elevator is, first of all, located in a church, synagogue or other place of worship; number two, is the only conveyance in 205  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 the building, so it’s the only elevator that they have; and number three, is limited to two levels of travel, so it would only be able to go up and down two floors; and that it has the necessary category test, which is a hydraulic test. I’ll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2037 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. Senate Bill 2037, having received the required constitutional majority, is declared passed. Now on the top of page 59 in your printed Calendar, on the Order of Senate Bills 3rd Reading, Senate Bill 2039. Senator Cullerton. Senate Bill 2042. Senator Millner. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner.

PRESIDING OFFICER: (SENATOR HARMON) 206  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 2042 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. Senate Bill 2042, having received the required constitutional majority, is declared passed. Senate Bill 2046. Senator Righter. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, 207  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 the question is, shall Senate Bill 2046 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. Senate Bill 2046, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to Senate Bill 2063. Senate Bill 2064. Senator Maloney. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Maloney.

Thank you, Mr. President. Senate Bill 2064 states that the Secretary of State will allow -- will -- can suspend or revoke a registration of a vehicle for ninety days if the vehicle was used in gunrunning. That is the amendment. We did have an amendment to this, ‘cause the NRA objected to the fact that the person hadn’t been found guilty. They need to be found guilty of gunrunning in order for the -- the revocation to take place.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 2064 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 208  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 voting Aye, none voting No, none voting Present. Senate Bill 2064, having received the required constitutional majority, is declared passed. Senate Bill 2069. Madam Secretary -- Senator Jacqueline Collins seeks leave to return Senate Bill 2069 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2069. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins, to explain your amendment.

Thank you, Mr. President and Members of the General Assembly. Senate Amendment No. 1 deletes the addition of the offense of false personation of a police officer while serving process.

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins moves for the adoption of Floor Amendment No. 1 to Senate Bill 2069. All in favor will vote Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2069. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Basically, Senate Bill 2069 is an initiative of the Cook County Sheriff. It just places in -- in statute standards and guidelines for process servers.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2069 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. Senate Bill 2069, having received the required constitutional majority, is declared passed. Senate Bill 2070. Senator Link. Senate Bill 2076. Senator Mulroe. Senate Bill 2081. Senator Dillard. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Dillard.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 2081 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. Senate Bill 2081, having received the required constitutional majority, is declared passed. Senate Bill 2082. Senator Pankau. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) 211  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Pankau.

PRESIDING OFFICER: (SENATOR HARMON) Thank you. Is there any discussion? Seeing none, the question is, shall Senate Bill 2082 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. Senate Bill 2082, having received the required constitutional majority, is declared passed. Senate Bill 2084. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Pankau.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2084 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting No, none voting Present. Senate Bill 2084, having received the required constitutional majority, is declared passed. Senate Bill 2103. Senator Sandoval. Senate Bill 2106. Senator Garrett. Senator Garrett seeks leave of the Body to return Senate Bill 2106 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2106. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett, to present the amendment.

Yes, the amendment becomes the bill and I can do that on 3rd. 213  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett moves for the adoption of Floor Amendment No. 3. All in favor will vote Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2106. Senator -- Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Yes, thank you very much, Mr. President. Senate Bill 2106 collects -- allows for recyclers to collect twice as many toxic electronic products from going into landfills. These -- and also we will be adding many new products, such -- for recycling, such as VCRs, fax machines, scanners, DVDs, to name a few. This bill also abolishes manufacturer costs related to quarterly audits. It reduces small manufacturer registration fees by seventy-five percent. Expands the number of rural counties eligible for two-for-one credits, which is the collection of electronic products in rural counties and counts twice as much. We also will allow -- to support small businesses across the State that recycle gold, silver, glass and other valuable 214  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 materials contained in electronic products. This bill is strongly supported by the Illinois Recycling Association, the Illinois Environmental Protection Agency, DCEO, many of the different county governments, Environmental Law and Policy Center, Sierra Club, Environmental Council. And the different manufacturers that are either supporting it or are neutral are - Apple, Motorola, AT&T, the Illinois Retail Merchants Association and Waste Management. I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Pankau, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates that she will yield. Senator Pankau.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Yeah, the IMA -- there are different manufacturers that are members of the IMA, Illinois Manufacturers Association. Some of the members are opposed. The two major manufacturers who are opposed -- I think two only ones that we’re really familiar with are Dell and HP. As an example, Apple and AT&T and Motorola are in support of it. And the Retail Association is neutral.

PRESIDING OFFICER: (SENATOR HARMON) 215  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Pankau.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Yes, there is a hundred-dollar penalty if somebody throws their electronic -- or puts it at the end of their driveway. We’re going to take that out in the House and then there are some other fines that we are going to also reduce substantially in the House.

PRESIDING OFFICER: (SENATOR HARMON) Senator Pankau.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

I -- I guess I’m sort at a loss for words. We talked about the fines. The hundred-dollar one was the one that you were interested in and that is the one that we are taking out and all the other fines we have made a commitment to basically reduce 216  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 dramatically. So there were -- that was how I remember it.

PRESIDING OFFICER: (SENATOR HARMON) Senator Pankau.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Whatever you said got everyone’s attention. Senator Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Actually, that provision has been in the statute. We have agreed to take it out.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter. 217  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Yes. We’ve already made a commitment to do that.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Yes, what we will be doing in the House is to remove the hundred-dollar penalty and also to reduce the fines if manufacturers are not able to make their quota. That is something that we talked about in the hearing. It is something that I pledged to follow through on. That will happen. We already have a House sponsor and he is aware of that.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Yes.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

So I -- I think the simplest way to explain this is that there are many different products or devices that will be in the waste system. We are adding many more to that, which I said at the beginning of my presentation, such as VCRs, scanners, mobile devices, things like that. So as we increase the number of products that are able to be recycled, we are also increasing the number of manufacturers who will be returning those things to a recycling or refurbishing system. So there are quotas based on what we call market share that these manufacturers have to meet. So we -- it’s a -- it’s a formula. And if for some reason there’s a problem, those -- there is a penalty for that. 219  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 And what I’m saying is that that penalty would be reduced if, in fact, there was a reason why the manufacturer, which is a -- would be very unusual, wouldn’t be able to meet that quota.

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

The way that the fine has been listed, has been written in the proposal, will be reduced. It’ll be amended. It will be amended in the House. The dollar amount will be reduced. It will be amended. I would do it here, but we don’t have the time.

PRESIDING OFFICER: (SENATOR HARMON) Thank you. Senator Schmidt, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield. Senator Schmidt.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Did you have a question or is that the end of your statement? Thank you, Senator. Senator Rezin, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

221  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 So, in 2007, I worked with the Environment {sic} (Environmental) Law and Policy Center and the manufacturers, recyclers, to bring Illinois into sort of a position, a situation where we have an electronic waste recycling program. It took a lot of time. There was a lot of resistance. But we were able to make it happen and it was a step forward. We did not include many devices -- many electronic devices in our original legislation because we had to bring as many people in - - as many manufacturers into the process as possible to get the -- the legislation moving. So we did that. We’ve had a positive outcome, albeit we know that there are many more products out there that need to be recycled and -- and returned back into the -- the system. And this is a way to make that happen. You know, I could give you scientific data and all that, but that is the whole point of this legislation.

PRESIDING OFFICER: (SENATOR HARMON) Senator Rezin.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

The -- the program is just over a year old and it took a lot of work to get it to that point. During the year, we have done many surveys, a lot of outreach, and it has been very clear 222  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 that we needed to step it up. Just as we had problems with some of the manufacturers, you know, two years ago, we’re having problems with different manufacturers. As Senator Schmidt pointed out, this has not -- this has been a very good program and it will continue to even get better as we move along, and that is why we are asking for your support to do that.

PRESIDING OFFICER: (SENATOR HARMON) Senator Rezin.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jacqueline Collins, are you seeking recognition? Senator Collins.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise in strong support of this legislation. I want to commend the sponsor for her hard work in trying to bring something forward that would take the toxic materials like lead and mercury out of the groundwater and -- and provide the health to our environment. For -- another two reasons that I support 223  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 it, these products also contain valuable materials like gold, silver, copper and glass, all of which can be recycled by Illinois small businesses to create and sustain jobs and increase annual business revenue. And lastly, the bill also offers incentives for the donation of reusable computers to low- income public schools, low-income families and the disabled. So I thank you, Senator Garrett.

PRESIDING OFFICER: (SENATOR HARMON) Thank you. Senator Garrett, do you wish to close? Senator Garrett.

Yes, this is really an important piece of legislation on many fronts, from an environmental front, from a job front, and also I think it’s the right thing for Illinois to do. Many of the surrounding states are doing -- or, have programs like this. And -- and because there is a cost involved, albeit very -- very minimal, there’s going to be pushback from some manufacturers. But the same manufacturers that -- the two that are pushing back this time were on board last time. So we do have strong support for this, again, through the recycling organizations, the environmental groups, many manufacturers, Waste Management. I hope that you will be able to support this important piece of legislation.

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 2106 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 16 voting No, none voting Present. Senate Bill 2106, 224  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 having received the required constitutional majority, is declared passed. Senate Bill 2123. Senator Garrett. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Yes, thank you very much, Mr. President. This is a -- a much simpler bill. All we are doing is requiring that the Illinois Workforce Development {sic} (Investment) Board submit the following information to DCEO to be posted on their website: all agendas and meeting minutes for meetings of the Illinois Workforce Development {sic} Board, all line-item budgets for the local workforce investment areas across the State, and a listing of all contracts and contract values for all workforce development training and service providers.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Meeks, are you seeking recognition on this bill or after the bill? Thank you. There being no further discussion, the question is, shall Senate Bill 2123 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting No, none voting Present. Senate Bill 2123, having received the required constitutional majority, is declared passed. Senator Meeks, for 225  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 what purpose do you seek recognition?

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

PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.

I would like to welcome to the Illinois General Assembly today, to Springfield and to the Senate, the esteemed Superintendent of Police in Chicago. Superintendent Terry Hillard is here.

PRESIDING OFFICER: (SENATOR HARMON) Superintendent, welcome to the State Senate. Let’s give him a warm Senate welcome. Senate Bill 2134. Madam Secretary, please… Senator Garrett seeks leave of the Body to return Senate Bill 2134 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2134. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett, to present the amendment.

Yes, thank you. So the -- the amendment has become the bill, so do you -- so that -- I would like to do that on 3rd then.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett moves for the adoption of Floor Amendment 226  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 No. 2 to Senate Bill 2134. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2134. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Thank you, Mr. President. Senate Bill 2134 encourages regional superintendents to offer school districts the opportunity to share in joint educational or operational programs. We also are requiring -- requiring that local school districts submit, with their annual financial report to the State Board, a reporting on shared service initiatives by the district. Regional superintendents -- superintendents are also required to submit a report to the State Board on shared services within their region. All reports will be published on the websites of the State Board and the individual school districts. I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, 227  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 shall Senate Bill 2134 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, 2 voting No, none voting Present. Senate Bill 2134, having received the required constitutional majority, is declared passed. Senate Bill 2135. Senator Garrett, do you wish to proceed? Ladies and Gentlemen, on the top of page 60 of your printed Calendar, on the Order of Senate Bill {sic} 3rd Reading, is Senate Bill 2138. Senator Garrett. Senator Garrett. We are on the Order of Garrett. I’m afraid you’ve left your desk too early. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Yes, thank you, again. Senate Bill 2138, basically we’ve added one additional member to the Electric Vehicle (Advisory) Council. The additional member will be a representative of an electric utility, appointed by the Governor. What we’re doing is establishing the Illinois Electric Vehicle Advisory Council. The Council shall investigate and recommend strategies that the Governor and the General Assembly may implement to promote the use of electric vehicles, including, but not limited to, infrastructure improvements, State and local regulatory streamlining, and changes to electric utility rates and tariffs. 228  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 2138 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 1 voting No, none voting Present. Senate Bill 2138, having received the required constitutional majority, is declared passed. Senate Bill 2139. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Lauzen.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2139 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 229  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 1 voting No, none voting Present. Senate Bill 2139, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to Senate Bill 2141. Senate Bill 2147. Senator Schoenberg. Senate Bill 2148. Senator Emil Jones. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 2148 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. Senate Bill 2148, having received the required constitutional majority, is 230  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 declared passed. Senate Bill 2149. Senator Sullivan seeks leave of the Body to return Senate Bill 2149 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2149. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, to present the amendment.

Thank you, Mr. Chairman -- or, Mr. President. The amendment’s a technical change. I’ll talk about it on 3rd.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan moves for the adoption of Floor Amendment No. 3 to Senate Bill 2149. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2149. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan. 231  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

Thank you, Mr. President, Members of the Senate. Senate Bill 2149 amends the School Code with regard to oversight of school districts that are having financial problems. It combines Sections concerning financial oversight panels, referred to as FOPs, and also the school finance authorities. And it combines them into one Section. It has the same -- as in the same -- as is with the current financial oversight panels, they can be established with or without a petition from the school district. It’s a fairly extensive bill. Been working with many, many different organizations on this. But I do want to talk a little bit about a -- a couple Sections of the bill. First of all, by -- by combining the FOPs and the school finance authorities -- there have been a few instances where a district needed additional, stronger financial interventions and that’s when the State then -- when the General Assembly came in and created these school finance authorities. So now we’re combining these under one -- one, which is a financial oversight panel. For a district to be placed under an FOP, a school district must be certified in financial difficulty by the State Board. To become certified as financial difficulty under the Article, a district must be on the financial watch list, have either two consecutive years of negative balances on their annual financial report, two types of short-term borrowing, or been issued teacher orders. The FOPs are required to work with the local districts to -- to develop a financial plan. I’m kind of trying to touch on some of the highlights. It also authorizes the FOPs to do some short-term borrowing for one year and to levy a tax to pay for that borrowing in the districts 232  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 that need additional financial support. It also authorizes the FOPs to implement new leadership in the districts and they will be -- the FOPs, the new ones created under this legislation, will be mandated to be abolished in ten years or after all the debt obligations have been issued. I’d be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Sullivan. Is there any discussion? Senator Lauzen, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Lauzen.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

Yes, thank you. With regard to the tax caps, that is correct. And initially, the legislation, when we first came out with it, had a pretty expansive ability to levy the tax, but now under the current language, they can only do short-term borrowing, one year, and it has to be repaid within one year. 233  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 2149 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 36 voting Aye, 19 voting No, 1 voting Present. And Senate Bill 2149, having received the required constitutional majority, is declared passed. Senate Bill 2151. Senator Millner. Senator Millner seeks leave of the Body to return Senate Bill 2151 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2151. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner, on your amendment.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner moves for the adoption of Floor Amendment No. 1 to Senate Bill 2151. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration? 234  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2151. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Cultra, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates that he will yield. Senator Cultra.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner. 236  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner.

PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra.

PRESIDING OFFICER: (SENATOR HARMON) Is your question asked? I’m sorry.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner.

PRESIDING OFFICER: (SENATOR HARMON) 238  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Millner.

PRESIDING OFFICER: (SENATOR HARMON) Senator Johnson.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner.

PRESIDING OFFICER: (SENATOR HARMON) Senator Johnson, are you… Thank you. Senator Raoul, for what purpose do you rise?

To the bill: I -- I take the sponsor at his word that we will try to work on the issues that both Senator Johnson and -- and Senator Cultra raised. I’m concerned that we -- we’re -- we’re taking one step forward and one step backwards with regards to treating juvenile offenders as juvenile offenders. As you may recall in a previous General Assembly, I -- I passed a bill to take care of the unintended consequences of a bill that we had passed previously, dealing with juvenile sex offenders. The reality is, in -- in this bill as it stands right now, you have to wait ten years to be able to petition the court. That begins to undo what we just did in -- in a recent, previous General -- General Assembly. So I hope that -- that those issues are worked on in the -- in the House.

PRESIDING OFFICER: (SENATOR HARMON) The final speaker seeking recognition is Senator Annazette Collins. For what purpose do you rise?

Thank you, Mr. President. To the -- to the -- I forget how you all say it.

PRESIDING OFFICER: (SENATOR HARMON) 240  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Would you like to speak to the bill or ask the sponsor questions?

I would like to ask the sponsor a question.

PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates that he will yield, Senator. Senator Collins.

Yes, just as the previous speaker had just said, you know, we worked very hard to make sure that each kid went before juvenile court first and then that judge made a decision on -- on each individual kid. Now reading this bill, it says that this kid is not even allowed to go to school. So we’re now violating that kid’s right to say now that he can’t even -- even go to school. So, I mean, we first started off about five or six years ago and we announced that all juveniles -- we passed a bill that said all juveniles had to register as sex offenders. Now we’re saying that you don’t allow them to go to the park, they can’t go to school, they can’t do any of the things that normal children do. And you’re making it automatically, as opposed to the way we have it now. And as Senator Raoul said, you’re undoing everything we just did. And now I know that you’re giving it back to Representative Sacia in the House to fix it, but I don’t see how that’s going to happen, seeing that Representative Sacia normally is opposed to most of these things.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner.

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins.

…disagree, because if that were the case, then all these organizations, Juvenile Justice Initiative, the Department of Juvenile Justice, and all those other organizations that are opposed, wouldn’t be opposed if we -- if this bill was taking us forward.

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner.

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins, you have another question?

Final comment. I -- I hope that we could have hearings before we take a vote on this, because this is really taking us backwards and -- as it deals with our juvenile. And we’ve spent a lot of time and effort working to make sure that each child goes before a juvenile court judge before making these kind of decisions. So I ask that you vote No.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Millner, do you wish to close?

PRESIDING OFFICER: (SENATOR HARMON) Senator Millner.

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 2151 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all 243  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 39 voting Aye, 2 voting No, 8 voting Present -- 42 voting Aye, 2 voting No, 8 voting Present. Senate Bill 2151, having received the required constitutional majority, is declared passed. Senator Trotter, for what purpose do you rise?

For purposes of an announcement, Mr. President.

PRESIDING OFFICER: (SENATOR HARMON) State your announcement, Senator.

Yes, like to announce that the Senate Democrats will caucus in the Senate President’s Office immediately upon recess for a half an hour.

PRESIDING OFFICER: (SENATOR HARMON) The Senate Democrats have moved to recess the Senate for purposes of a thirty-minute caucus. Senator Murphy, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy seconds the motion to recess the Senate for purposes of a thirty-minute caucus. Seeing no objection, the motion to recess is granted. The Senate now stands in recess until 5:05 p.m. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR HARMON) 244  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 The Senate will come to order. Ladies and Gentlemen of the Senate, we are turning to final action. If all Members within the sound of my voice could be at their desks, we are returning to the Order of Senate Bills on 3rd Reading. WFLD Channel 32, Fox Chicago, seeks leave to videotape the proceedings. Is there any objection? Seeing no objection, leave is granted. Madam Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, if you’ll turn to page 46 on your printed Calendar, on the Order of Senate Bills 3rd Reading, in the middle of the page, is Senate Bill 1349. Senator McCarter. Senator McCarter seeks leave of the Body to return Senate Bill 1349 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1349. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter, to present your amendment. SENATOR McCARTER: With permission, I would discuss that on 3rd Reading.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter moves for the adoption of Floor Amendment No. 1 to Senate Bill 1349. All in favor, say Aye. Opposed, 246  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1349. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Thank you, Mr. President and Ladies and Gentlemen in -- in the Chamber. I finally come to you today to present the bill and I appreciate all the encouragement, even last night at the softball game, every time I got up to bat. So, maybe -- maybe it worked. Workers’ compensation reform is something that no one brought to me and said, “run this bill”. It’s something that I know about experientially, being in the manufacturing business, and -- and I am simply speaking on behalf of a -- a lot of folks who employ a lot of people in your districts today. This amendment -- I’ll give you just the basic outline real quick and then I’ll take any questions. This means more Illinois jobs. We’re cutting costs by stopping abuses in the system. It includes “major contributing cause”, requiring that employment be more than fifty percent responsible for the 247  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 injury. A similar provision in Florida has contributed to nearly seventy percent reduction in workers’ compensation in the state since 2003. Second, includes AMA guidelines. Requires the use of AMA guidelines to determine impairment. Next, it caps wages -- wage differential awards. Caps wage differentials at later -- later of sixty-seven or five years from the date when the award becomes final. Savings in this is projected at up to eighty-seven million dollars. When I -- when I say savings, this was savings calculated by an independent group that the bill was submitted to. Alcohol and drug intoxication - denies compensation for alcohol or drug intoxication. Also, this bill allows employers to use group medical tools to control workers’ compensation medical care costs. It improves medical care delivery. Allows an employer to direct medical care for sixty days, unless the employer’s medical provider is rendering improper or inadequate care. After sixty days, the employee may make one medical choice, plus referrals, paid by the employer. Next, as we -- you know, as -- as I listened to some of the objections to the employer having the doctor choice, we responded in this -- with this amendment to direct employees to the network that they know about. You wouldn’t send your child to a workers’ comp doc; you’d send him to the doc that you look to and depend on to take care of them, that knows their history. So we provide the opportunity for an employer to utilize a preferred provider organization approved by the Department of Insurance to provide workers’ compensation medical services and it requires an employee to use providers that are part of the network. This change, alone, including the sixty days’ option for the employer, would save up to a hundred and nine million 248  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 dollars. Also, thirty percent of the med fee schedule is reduced and other cost savers under the fee schedule. The savings is estimated at four -- another four hundred million dollars. It strengthens the utilization review. It -- it supports an electronic-based billing and payment system. The next thing it does is responds to some of the requests from the unions. It provides collective bargaining for -- for the construction industry. It allows the collective bargaining of workers’ compensation for construction employees with their -- their collective bargaining units. The Commission must review any agreement and approve it before it takes effect. Next, it addresses ethics. Sets standards for ethical conduct of commissioners and arbitrators. And last, it provides fraud provisions, saying that as intentional -- that intentional submission of medical bills for services not provided as {sic} fraud. I’ll answer any questions and then I’ll close.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. There are a fair number of Senators seeking recognition. I am not going to start the timer. This is an important debate and we want to make sure folks have an opportunity to state their case or to ask questions. I would ask all Senators to be sensitive to the -- the number of speakers seeking recognition and the length of the debate. Senator Duffy, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator Duffy.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Cultra, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Dillard, for what purpose are you seeking recognition?

PRESIDING OFFICER: (SENATOR HARMON) 253  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Thank you, Senator. Senator Bivins, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

PRESIDING OFFICER: (SENATOR HARMON) Thank you. Senator Althoff, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. 254  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein, for what purpose do you rise?

Question of the sponsor.

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he’ll yield.

Senator McCarter, you -- you agree that now we have a no 255  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 fault system for workmen’s comp. Would you not agree to that?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Correct.

PRESIDING OFFICER: (SENATOR HARMON) Senator, I’m sorry, did… Correct? SENATOR McCARTER: Yes.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

Under your bill, you’re making this a fault system. Is that correct?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Senator, we are -- we are simply and very clearly asking that the workplace be shown as the cause of the accident or injury.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

I -- I want to go to the bill regarding the causation element. I think it’s page 7 and 8. That’s where I’m going to ask you some questions. So I’d tee up over here. If I may. Under this bill, you’re saying that the major contributing cause means that the cause is more than fifty percent of the injury as compared to other causes combined for which treatment or benefit 256  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 are sought. Now, who will make that determination and what standard of proof is going to be used to make that -- that fifty percent measure?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: The Commission will make that decision.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

So we’re leaving it to an arbitrator to make that decision based upon the evidence. Is that correct?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Yes.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

And what’s the standard of proof going to be?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: It will be just like any other case - preponderance of evidence.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

Let’s take this a step further. What happens -- if it’s 257  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 less than fifty percent, that injury would -- that comp claim would be denied. Correct?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: …it would.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter, I’m sorry, I’m doing my best to get your microphone on before you -- you -- you speak. Could -- could you try that one again? Thank you. SENATOR McCARTER: Yes, it would.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

And what would -- where would -- where would the injured person appeal this decision to if they lost or if they -- if the -- if the arbitrator agreed it was under fifty percent?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: It would be to the Commission and then to the courts.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

Ultimately, to the court. Is that correct, if they lose the…

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. 258  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 SENATOR McCARTER: Yes.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

How much burden would that be on our court system right now?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: I can’t see how it would be any more than it is now.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

Do you -- do you know how many cases are appealed now to the circuit court?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: I do not.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

There’s about two hundred thousand workplace injuries right now. Sixty-five go to the Commission. I -- I believe, and this is my opinion, that if this bill ever passed, you’ll have more going to the court system. If that’s the case, and let’s just take my hypothetical, how are we going to fund the court system with all this extra burden? 259  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Senator, I -- I -- I think you’re speculating.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

Let me ask you another question. Let’s say -- does this bill preclude a injured person, if they lose in a court comp, to file a tort claim in the circuit court?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: No, because that’s the purpose of the workers’ comp system.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

Answer -- question is, would it preclude them? Could they file a suit?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: We’re -- we’re not precluding them, but there’ll be a question of whether there’s liability.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

Well, what -- well, what if you’re not into comp? Aren’t we opening this -- a Pandora’s bag for more -- box for more 260  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 lawsuits in -- with -- regarding this?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Just because they’re not liable under the comp system doesn’t mean they’re liable under a civil -- civil court system.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

So they lose under your bill and then they still go to the -- they -- they still can go into court and -- and file an action. Is that correct?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: They -- they would -- they would have a decision from the Commission before they did that.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

But -- but if it’s -- if it’s not comp, they need a remedy. Is that correct?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Not necessarily, ‘cause there’s -- there may not be a liability.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein. 261  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

I just want to refer you to Article I, Section 12 of the Constitution, that there has to be a remedy for all wrongs. So can you just -- I’m trying to recognize this and try to bring this together, if we can.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: You -- Senator, you’re assuming there’s liability.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

But, again, if an injured person is injured on the job, loses in the comp, under this bill, they could also file a suit in the Circuit Court of Cook County and they can possibly lose and get -- lose twice. Is that correct?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: There is that possibility.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

Do you think this fifty percent is constitutional? Do you think that it’ll stand up in court if it ever…

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Yes, I do. 262  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

And what is the basis of that?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Please bear with me. I’m not an attorney and I’m getting counsel on this. Okay? So… You know, we -- we -- we put this off long enough and we didn’t discuss this in committee, so I’m in no hurry. I hope you’re not as well.

PRESIDING OFFICER: (SENATOR HARMON) The -- the brevity of your exchange is forcing me to develop carpal tunnel in my switch finger here, Senator. Senator McCarter. SENATOR McCARTER: Senator, we’re just changing the standard for which you would be eligible for compensation.

PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.

First of all, Senator Harmon, you better file the claim fast. But what you’re doing, Senator…

PRESIDING OFFICER: (SENATOR HARMON) …counselor.

…and I’m -- I don’t want to belittle the point here and I - - I understand there’s a problem that we have to -- we have to solve, but you’re creating fault in a no fault system. And I 263  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 think that’s a very big problem - what I have with the bill. And I -- and I don’t -- and I’m not -- don’t mean to embarrass you or anything like that, but I think this bill has some serious effects that will hurt workers in the workplace and people that want to file a claim. So I would ask for a No or Present vote on this side of the aisle.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Lauzen, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) 265  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Thank you, Senator. Senator Brady, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Senator Luechtefeld, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

PRESIDING OFFICER: (SENATOR HARMON) Senator LaHood, for what purpose do you seek recognition? SENATOR LaHOOD: To the bill, your Honor -- or, to Mr. President.

PRESIDING OFFICER: (SENATOR HARMON) I’ll take your Honor. That’ll work fine, Senator. SENATOR LaHOOD: 270  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Mr. President, I rise in support of 1349. Caterpillar Company is the largest employer in my district and Caterpillar is a Fortune 15 company. It has twenty-three thousand employees in the State of Illinois and is really the model corporate citizen for this State. It is extremely generous and philanthropic in what it does. Seventy percent of what Caterpillar produces is sent overseas. And, as we know, in late March, the CEO of Caterpillar, Doug Oberhelman, sent a letter to Governor Quinn. In that letter, he stated that the direction that this State is headed is not favorable to business. And as a part of that letter, he attached four letters from other states - Texas, Nebraska, South Dakota and Virginia. And in those letters that Chairman Oberhelman attached, they talk about the business climate in these other states. And after this letter was received by Governor Quinn, Governor Quinn came to Peoria and they had a meeting, and Senator Koehler and I participated in -- in part of that. And they met and the number one issue that the Chairman of Caterpillar talked about with Governor Quinn was workers’ compensation. And he talked about causation and he talked about the AMA guidelines. And in the press conference that they had after that, they specifically talked about working together and making this the number one priority of creating a more business-friendly environment in the State of Illinois. And I want to cite one example regarding Caterpillar. I have a plant in my district that’s located in Mossville, Illinois, and it produces engines. There’s a similar plant in Lafayette, Indiana. They produce about the same amount of engines every year. They have the same amount of employees. And they have -- they have the same safety programs in place. 271  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 In 2008, these identical plants - in Indiana, they had approximately five hundred thousand dollars in workers’ compensation costs. That same plant in Mossville had over 3.5 million. That’s seven times more expensive with the exact same plant in two neighboring states. And I cite that example as one that Chairman Oberhelman talked to Governor Quinn about. And really the atmosphere and what they discussed was, we, as legislators, giving some confidence to businesses like Caterpillar, when we talk about creating more corporate growth and more jobs. That’s -- that’s what that discussion was about. And as much as I hate to say this, if Caterpillar was starting today, it wouldn’t be in Illinois, same for John Deere and same for Archer Daniel Midlands {sic}. This is a bill that addresses workers’ compensation, the number one issue for Caterpillar and other corporations. It’s a way to give confidence to our State that we get it and we’re moving in the right direction for a more business-friendly atmosphere. And I urge support of the bill.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Raoul, for what purpose do you rise?

To the bill: First, I -- I’d like to start out by commending the Senate President and Leader Radogno for putting the work over time to discuss in detail workers’ compensation and the need for reform. And I appreciate the sponsor’s desire to address workers’ compensation reform. But most of us, quite frankly, are -- talking about a subject we don’t know much about. That’s why it’s important for this to happen in a very 272  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 methodical manner, the way we’ve been doing in our discussions on a bipartisan basis. And this ain’t soup yet. There’s some shortcomings -- there’s some serious shortcomings in this bill - - bill and our staffs have been working together. We’ve been working together on a bipartisan basis and I’m confident that we will come up with a bill with real reforms. Now, I just happen to have practiced in workers’ compensation and I just happen to have practiced on behalf of employers. And I -- in my practice, I did come up on cases where I thought there were fraudulent claims and I came upon cases where there were very legitimate claims. And I recall, a couple years ago, listening to the debate about Obama’s health care plan and people were talking about we don’t want people to choose our doctor for us. I bet many of the people in this room said that. The reality is there are work-related injuries that are very serious injuries - that require back surgery, that require knee surgery, that require rotator cuff surgery. And I want everybody in this room to ask themselves, do they want somebody else to choose the doctor that would operate on a herniated disk in their back? Do you honestly -- would you honestly want somebody else to make that decision? I want you to honestly answer that question. This bill provides for a petition. You can petition the Commission to choose your own doctor. The employer gets to choose your doctor for sixty days - sixty days of treatment. Those first sixty days of treatment are critical days of treatment. The bill does not provide for when the Commission has to respond to that petition. And I’ve been to the Workers’ Comp Commission. I practiced there. Sometimes you’re waiting and waiting and waiting for a response. Meanwhile, you need medical care. 273  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 There’s some very good provisions in this bill that came out of the -- the discussions between Senator Radogno, President Cullerton and Representative Bradley and Representative Brady and the Governor’s Office. There’s some good provisions in this bill and I commend the sponsor for -- for including some of those provisions in this bill. But there are other provisions, such as the overturning of interstate scaffolding, Supreme Court decision, which in essence says that an -- an employee who gets legitimately injured on the job and who is temporary disabled and getting paid what -- what is called TTD, if the employer fires -- terminates that employee, they no longer get that temporary disability payment, notwithstanding the fact that they’re legitimately injured - but they get to petition the Commission. The Workers’ Comp Commission now becomes a -- a body that determines whether -- it turns into the Illinois Department of Human Rights, determines whether or not the employee was terminated for cause. That’s not the function of the Workers’ Comp Commission. That’s not the people we’re sending there. Senator Silverstein touched on causation and I know causation is just a generic term that, quite frankly, most of you don’t know anything about. But I understand you sincerely want to do something about workers’ comp and I do as well. Representative Bradley introduced a bill to repeal the Workers’ Compensation Act. There’s great similarity that -- between that and calling for a -- a -- a causation standard. We can be sending a lot of cases to the courts. People talk about neighboring states. A decision in Missouri’s Supreme Court says that workers that are denied because of this causation standard in Missouri can go to the courts. So, we’re -- we’re talking 274  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 real provisions here. It’s -- it’s not just a political dialogue and we shouldn’t make it a political dialogue. I sincerely want to do something about workers’ compensation and I know that our Senate President is committed to doing something about workers’ compensation. I know that Minority Leader Radogno is committed to doing something about workers’ compensation and we shall work together to do it, but we should do it right.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Garrett, are you seeking recognition?

Yes. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.

So, like many others, I’m not an expert on this particular issue, but I was reading through your bill and I do have a question. It says, starting July 1st, 2011, the amendment reduces the medical fee schedule by thirty percent. Can you explain to me what that means and -- and what the outcome will be? And have you talked to physicians, the State Med Society?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: The medical -- the -- the current medical -- the -- the fee schedule is one of the highest in the United States. It’s -- it’s currently the second. If we do what is proposed in this bill, by cutting that by thirty percent, it will be the third 275  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 highest. And you have to remember, some procedures are -- are up to eight hundred percent of Medicare on that schedule. And the effect of that is a savings of around five hundred million dollars.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

So, when you say it’s the second highest or the third highest, tell me how you got to that point. Did you have a big chart where you compared all the states and -- and procedure by procedure you -- you were able to determine that?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: This is -- in fact, I can -- I could even show you the -- the Med Society’s chart themself, where they -- compare themselves to Delaware. I mean -- and they take away the thirty percent and it simply takes us from second to third highest. Now I -- I can’t give you the exact -- exact source right now and I could -- and I can obviously find that for you. I don’t think I would be making that up on a bill to this magnitude or any bill. I wouldn’t be making that up. So…

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

Like all the bills that we do here -- and I also want to thank you and I -- I -- I think this is certainly a great start and -- and a bill that we all should be proud of that we’re -- we’re debating. But because of the -- you know, I work very 276  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 closely with doctors and hospitals. My husband’s career has been based on that, so that’s a commitment I’ve made -- my family’s been making for many years. So I do have a concern on how doctors are going to be compensated and especially, in one fell swoop, to see those fees go down thirty percent. Have you spoken to the State Med Society?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Yes, I have and I’ve talked to the Hospital Association as well. And you have to remember that when this -- this Commission was set up, the -- the -- the Med Society and the hospitals have taken the position that there is no problem and nothing needs to be changed. And -- and I have asked them time and time again to be part of this. I have -- I’ve talked with them about whether that fee schedule could be reduced and they could be happy to -- to come on board and support this. I think you’ll find that the Med Society and as well as -- as the Hospital Association are in support of the majority of components of the bill. I’ll -- I’ll -- I’ll remind everyone that in Chicago at the -- the -- one of the first Commission hearings, the -- the unions, as well as the physicians, said there is no problem.

PRESIDING OFFICER: (SENATOR HARMON) Senator Garrett.

To -- to the bill: I really applaud Senator McCarter. I think this is a very ambitious start and a good start. For somebody like myself and I think others in this room, we do have 277  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 a concern on diminishing the medical fee by such a substantial amount initially. And it would be -- this is a bill I could vote for. It’s -- it’s something I think is definitely going in the right direction. But I think that we have to be very careful and very cognizant of the other parties that have to participate. This just isn’t one side that we have to take care of. We have to make sure that the medical community is also -- their issues are also being addressed. So, for that reason, I will be voting Present and I, again, thank you for all your hard work.

PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, for what purpose do you seek recognition?

Mr. President, to -- to the bill.

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

Senator McCarter, I -- I was going to ask you a series of questions about -- but it’s -- it’s been asked and answered and it’s somewhat unfair for me to -- to do so. I’m not a practitioner in these -- in this area of the law and you’re not a lawyer. It’s -- so it’s -- it would be one-sided. I would make mistakes and I don’t want to -- you’re a sincere, able Member of the Senate. You’ve raised some excellent points. I’m -- I’m just going to raise some points myself about the bill. I’m not going to have any red herrings, like guys golfing and then getting comp claims awarded. We don’t want to go -- go there. I do agree with you that in Chicago and Springfield some of the stakeholders in this did come in initially and deny there 278  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 was a problem, and I think that was a wrong approach. There is a problem and the problem has to be addressed. We have -- as Senator LaHood pointed out, we have very high insurance rates. We have very high rates of cost for self-insured. So the -- the problem is there. However, this bill, to echo Senator Raoul, is a complicated deficient answer to a complicated problem. I don’t know what -- for example, I don’t know what this means that the cause of injury must be fifty percent responsible for the injury as compared to all other causes combined for which treatment or benefits are sought. Is that a lesser standard than Missouri, which talks about primary, or is that a greater standard? I don’t know. And I -- there’s -- I don’t have anything in front of me tonight that shows a precedential development of how this thing actually works out. The savings - - I don’t know how much of that particular aspect of this bill is responsible for the savings that are going to be attributed to -- to the bill. Now it -- the Chamber of Commerce contends that the reductions in the medical fee schedule will produce four hundred million in savings. Okay? The -- the docs claim that higher reimbursement rates for workers’ comp services are the result of the skill and training of the doctor and the -- and the competence of the hospital. They’re a stakeholder. We can -- we can call ‘em a special interest group if we want to be pejorative. I would prefer to call ‘em a stakeholder, because they treat the injured worker. And the injured workers that I’ve talked to fear losing the right to pick their physician. They fear it. Now we -- you can assure them that this will work out for them, but you’re not in the plant and I’m not in the plant. I would like -- as -- as Senator Raoul pointed out, I 279  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 would like to pick my own doc. I don’t know what the AMA guidelines mean. The amendment incorporates additional factors to determine the impairment, but not the overall disability. I’d like to know how that works out with the Commission - how they’re going -- going to -- to do it. That’s unclear. Keep in mind that, as Senator Luechtefeld pointed out, in 2005, we passed a workers’ compensation reform bill that was greeted with great applause. And the applause came from the Chamber of Commerce and the Illinois Manufacturers’ Association, who signed off on the bill. I was told, in 2005, this was an agreed bill. Everybody’s happy with the bill. That bill and -- and the excesses attributed to it are why we’re here tonight. So, we don’t want to make the same mistake again on the other side. There is in here a deletion of presumption for firefighters and EMTs - a little clause. The bill deletes the presumption enacted in the past for injuries sustained by firefighters, paramedics, EMTs, which result -- oh, it’s not in the amendment. I stand corrected. Thank -- thank -- thank you. So I earnestly desire to vote for a bill and I appreciate your work and your sincerity in this. Your background speaks to it. We are under pressure to vote a substantive bill which saves business money for all the reasons stated on your side of the aisle tonight. There’s no question about it. We’ve got to attract business and keep the jobs that we have. We’ve lost plants in my area, the Olin Corporation left, taking a thousand jobs over the years with them. On the other hand, ConocoPhillips has seen our area as very attractive. They’ve hired three thousand nine hundred craftsmen. U. S. Steel has expanded and improved their plant. So there are some -- there’s some -- and -- and another steel 280  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 manufacturing plant in Granite City has opened up and hired seven hundred to nine hundred steel workers back. So there are some bright spots, but I agree that we could make business more attractive. But the compensation system which has developed over decades is a system that, in my opinion, is a system of balance. It balances the right of an owner to make a reasonable profit with the duty to provide care and compensation for an injury which grows out of the enterprise for which that person makes money. It’s a balance. It’s arguable that the system now is out of balance one way. It costs too much. But we don’t want to treat people who are in dangerous jobs as special interests. They’re citizens and employees. I don’t want to treat the Chamber of Commerce as a special interest either. I don’t want to treat the docs as a special interest. They’re stakeholders in this important enterprise. It is a no fault system. And, again, if it’s out of balance, we balance it. And I -- I -- again, I -- I -- without overdoing it, I appreciate your work and the fact that you brought this in here for us to debate. Many of us -- most of us on this side earnestly want to do something for business. Unfortunately, there’s too many questions in this for us to be able to vote for it. We voted for it without questioning anything in 2005. I -- I -- I don’t want to make that mistake again. So I -- that’s why I’m not negative; I just want to see more. Thank you.

PRESIDING OFFICER: (SENATOR HARMON) The final two Senators seeking recognition are Leader Radogno and President Cullerton. Leader Radogno.

PRESIDING OFFICER: (SENATOR HARMON) President Cullerton.

Thank you, Mr. President, Members of the Senate. Senator McCarter, I want to also congratulate you on your passion for this issue. I know you’ve been very sincere and -- and perhaps more so than most because if you’re a manufacturer, you’re actually paying these premiums and so that adds to your -- your passion towards it. I have agreed with so much of what people have said so far in this debate about the need to straighten out this workers’ compensation system. I do perhaps disagree with my colleagues concerning the need to pass this bill out, because while there’s many, many things in this bill that I agree with, I think there’s -- as was determined by some of the questions asked, that there’s still some questions about provisions in the bill. But the workers’ comp overhaul is clearly the single most important piece of legislation we can pass in this Session to prove we’re serious about improving the business climate. And I heard the gentleman from Peoria talking about Caterpillar. It’s 284  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 true. I’ve also met with that President of Caterpillar and it was not the taxes that he was complaining about or talking about. It was the workers’ comp system as the -- his number one priority. And we have had, Democrats and Republicans alike, this shared goal of improving this and making it cheaper for employers to root out fraud and lower their costs. And we have had countless hours of bipartisan discussions on workers’ comp. We set up a committee with equal number of Members back in -- in December to try to learn as much as we can about this. And our goal has been, and will continue to be, to strike the appropriate balance between creating a competitive business environment while protecting the rights and the safety of middle-class workers in Illinois. Now, unfortunately, I think there’s certain provisions in this bill that doesn’t accomplish that goal and it might actually tilt us away from the fundamental balance. I don’t want to pass a bill that’ll lead to more litigation, not less litigation. That’s not going to save anybody any money. And I think that my colleagues have raised these issues and they are very complicated. They are issues that I don’t practice in this area as well, but I think it’s something that we -- we have to be very careful about. If we have a situation where we pass a bill where employers may deny claims based on a preexisting condition, somebody who had a high school football injury thirty years ago could be -- that alone could prevent them from an on-the-job injury, a true on- the-job injury from being addressed by the system if this were to become law. So that’s why we have to go a little slow. But, clearly, as you can see, I have helped -- we have helped facilitate you to have this discussion here today on the Floor, 285  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 not some bill buried in a committee and not having the opportunity to have this debate. So, Senator Radogno and I have already worked hard to try to get an agreement. I’m -- I’m very eager to continue if this bill does not pass - and I’m going to vote Present and urge other people to do so - to continue in our bipartisan discussions over the next couple weeks, including all parties, and come back the first week of May with a bill - hopefully Senator Raoul will -- will sponsor it - to see if we can get thirty votes in this Chamber, a bill that can get sixty votes in the other Chamber. And we have to remember, we have a Governor who has to sign the bill. And we want to make sure that the Governor also is comfortable signing the bill. The Governor’s Office has put out a version of this legislation. It differs from this legislation. We want to make sure we’ve -- we’ve got the support of the Governor so that we can pass it. Because, as you know, there’s many folks that are affected by this and it’s probably one of the most tricky political bills to deal with and it’s very difficult to thread the needle, but I’m confident that we will do so when we come back. So, once again, I applaud you for your efforts and I believe that, at the end of the day, we’re all going to continue to come together, pass this major piece of legislation this year to improve our business climate.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, President Cullerton. Senator McCarter, you wish to close? SENATOR McCARTER: Ladies and Gentlemen, this afternoon we passed a bill out of here today 54 to 1, an imperfect bill with all kinds of 286  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 promises that we’d fix it on the other side. Remember that bill? The cemetery bill. You know, let me just say this, this -- this -- this bill is fair and balanced. It’s the culmination of what job creators have told us needs to take place in this State to change the business environment. This -- this bill is -- this bill was not written by me. This is a compilation of things that have worked in other states, what the job creators have told us will work and change the environment. The process was transparent and methodical, and I do thank you, Senator, for the opportunity to be on the Commission and to have that process. The job creators have given you soup. This wasn’t the first draft. This was -- this was an amended draft. We -- we listened. We put out there what we thought was best. We listened. We changed it. We address the doctor choice by allowing the employers to direct employees to a network of doctors that they’re familiar with, a PPO. You wouldn’t send your child with an ear infection to a work comp doc. We made the change so people didn’t lose their doc. This has worked in California. It’ll work here. On causation, we used Florida’s success. Don’t compare constitutionality of Missouri. We used Florida. This is a great opportunity for everyone here, especially those that -- who went home and had a little problem with the way you voted on the tax increase. It’s said, it’s done. But for those of you who had just a few questions from folks about why you did that, why you put that extra burden on the -- the citizens of this -- and -- and the employers as well, this is a great opportunity for you to show ‘em that you care. You -- you don’t reduce costs, you don’t lower rates without substantial reform. You can’t put a Band-Aid on this and hope 287  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 it just gets better. Predominant cause is the foundational principle to changing this system. We can’t even put our own house in order. Unless you just totally have been under a rock somewhere, you -- you’ve heard of Menard Prison - over three hundred cases of carpal tunnel from turning keys, even if you’re the warden and you don’t turn keys. And while you’re out because of that injury, you’re out at a bass fishing tournament. We can’t even put our own house in order, folks. Over three hundred claims and ten million dollars later, now the feds are coming in, going into CMS and possibly even IDOT. We should be embarrassed. We -- we talk about the budget. We talk about living within our means and we’ve got the expense of over a hundred and thirty million dollars in workers’ comp within our own house. This is a culmination of a lot of work by a lot of folks that know how to create jobs. This is about getting rid of fraudulent claims so there is enough money to take care of the people that we hire and take care of ‘em well and put them back to work, quickly. If they’re not back to work, as business owners, we’re not making money. We’re not able to keep our commitment to them on our pensions, commitment to them on what we’ve -- we’ve said we’ll pay ‘em. It’s costly to train people to do what they do best. This bill is fair and everyone sacrifices. Would I have left parts of it out? Yes. But I knew everyone had to make a sacrifice in this. So what are the job creators going to do with the billion dollars that we save if we pass this reform? Those of you that think they’re just greedy, maybe they’ll keep it. We’ll tax ‘em. Increased tax revenue for the State, folks. But most likely what they’re going to do, like myself, they’re going to -- probably going to 288  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 hire somebody else, maybe one of your family members, and we’ll tax them too. More revenue for the State, folks. Now if not that, they might buy some equipment, buy some machinery. Who’s going to make it? Somebody that we’re going to tax. This is a win-win situation, folks. We’ve got the opportunity to put up a huge billboard in this State and say, “Illinois is open for business.” This may be what -- what determines whether that business owner, like the folks that I represent, like Gary Melvin of Rural King -- that estate tax has caused him to leave this State. He didn’t create that business just to let somebody take it away from him. But this may be what determines whether these folks stay or leave. You’ve got that opportunity. As you know, I’m willing to work with you on this. I’ll make you the same promise as -- and just a fraction of the ones that were made on the cemetery bill. I will work with you. Let’s send it out of here and I’ll work with you. So, tomorrow, what are you going to say to these folks? Abbott Industries, Alton Steel, Olin Brass, the Beer Distributors, ConocoPhillips, Belleville Shoe, who has about ten percent left of the company. They’ve left. Why? Carpal tunnel. I know because they come to my place to ask for a job. The Auto Parts and Service Association, Caterpillar, with twenty-three thousand jobs. What are you going to tell ‘em tomorrow? The Chamber of Commerce in Chicagoland, Dot Foods in Mt. Sterling, the two thousand Chamber of Commerce members, Allstate, John Deere, Justrite Manufacturing, Manchester Tank in Quincy. What are you going to tell ‘em? Navistar in Downers Grove, Sharkey Transportation in Quincy. What are you going to tell them? Southwire, Parke Warehouse, ADM, Tate & Lyle, PPG Glass, International Paper. 289  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 What are you going to tell ‘em? UPS, Atlas Tool & Die in Lyons. These are just a few of ‘em, folks. These are the ones that made your soup. Growmark, Solomon Builders, United Airlines. What are you going to tell them tomorrow? Did you do the right thing? Did you make a courageous vote? Or did you vote Present or did you vote No, because it was an imperfect bill? You got a great opportunity here, folks. This is a great political decision and a great opportunity for you to do the right thing today. Stand up to the people that have been telling us how to run this government for too long now and do the right thing. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 1349 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 25 voting Aye, 6 voting No, 28 voting Present. And Senate Bill 1349, having failed to receive the required constitutional majority, is declared failed. Ladies and Gentlemen of the Senate, with leave of the Body, we’re going to turn to page 24 of your printed Calendar. Near the top of the page, on the Order of Senate Bills 3rd Reading, is Senate Bill 630. Sponsorship of the bill has been assigned from President Cullerton to Senator Lightford. Senator Lightford seeks leave of the Body to return Senate Bill 630 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 630. Madam Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, to present the amendment.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I need a question of the Chair. May I answer questions on 3rd or do I need to clearly define…

PRESIDING OFFICER: (SENATOR HARMON) Senator, if you’d like to move for the adoption of Floor Amendment No. 1, we’ll take that vote and then you may debate the bill on 3rd Reading. That’s your desire? Senator…

That is my desire, Mr. President. I’d be happy to answer questions on 3rd Reading.

PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford moves for the adoption of Floor Amendment No. 1 to Senate Bill 630. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 630. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 630, the content of this language, it builds on the significant changes that this entire Body has made collectively over the past two years. We spent a lot of effort in our State’s Race to the Top application. And in that application, we passed reform for the performance evaluation, on how to strengthen principal preparation, the Charter School Reform Act, and we also created a Longitudinal Data System in conjunction with the Illinois P-20 Council. But that just wasn’t enough, because we know our students in the State of Illinois, our public school students, deserve a highly qualified educational opportunity. This bill allows for teachers to be more driven by performance. It awards teachers who are mostly highly qualified and, at the same time, allows an easier dismissal process for teachers who are not highly qualified. It streamsline {sic} the process, making it shorter, less costly, and a number of other initiatives, including strike provisions and allow more instruction in Chicago. What’s important to know is that it was five months of negotiation that went into play from a collaborative effort of the unions, the reform groups, management, parents, the Parent PAC organization, school board representation. So, all of the educational stakeholders’ voices were heard. Many of them share passion on many different issues. And it was a matter of all of us agreeing at the end of day, the best result was what was best for the student in the classroom. We begin a -- a contiguous process in determining 292  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 nine specific areas of reform. Some of those provisions begin with a survey of learning conditions. This will include parents’ and teachers’ involvement. It begins with underperforming school districts, allowing them an opportunity to acknowledge the climate of their school. This is a new instruction that’s added into our law. This survey will be initiated every two years. It will be a coordination between the State Board of Education and PEAC. School board member training: Currently in law, school board training is not required. We feel that it’s important to have school board members, when they’re elected, have four hours of training within their first year. It’s important that they are trained in the areas of financial oversight, accountability and fiduciary responsibilities. We have now an opportunity for our State Superintendent to take action on revoking teacher certificates who receive two unsatisfactory’s in a seven-year period. The language of incompetency has been defined. He can, however, determine whether or not he’d like to interject professional development and give a teacher an opportunity to be remediated. But our State superintendent now has the proper language to follow through with an act of revocation if a teacher has two unsatisfactory’s in a seven-year period. For downstate only, we address filling of new and vacant positions. This does not affect the Chicago Public School System because they already have this model in place. We pretty much wanted to make sure that suburban Illinois and downstate Illinois were all in line with this provision. What happens here is that relevant experience, teacher performance, other factors of certification will be considered, other than seniority being the underlining 293  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 {sic} factor. Seniority will be used only in a tiebreaker if necessary situation. The attainment of tenure is another area that we touched on that was really important, because many people feel that teachers receive tenure regardless if they’re a good teacher or a poor-performing teacher. We wanted to make sure that teachers when they’re tenured, it’s based on proficient teachers and highly qualified teachers. Within a four-year period, a teacher must receive at least two excellent’s or proficient’s in order to be tenured. We have added accelerated tenure and tenure portability. Accelerated tenure says if a teacher receives three excellent’s the first three years in that four-year probationary period, they will be considered tenured. And if a teacher lives in school district A, transfers to school district B, that teacher is no longer tenured. They have to now ongo {sic} a new set of tenure in the new school district, but we have a process in place now where that tenure process will also be based on performance in that new school district, allowing them a two-year period to be tenured considering proficient or excellent evaluations. The dismissal of tenured teachers is an area that we spent quite a bit of time on, tying tenure to teacher performance evaluations. We definitely streamlined the process, shortened the timelines for both Chicago and downstate. We added performance related to dismissal cases. There’s a situation based on either performance or conduct. If it’s based on performance, there’ll be a second evaluator; based on conduct, not. The main difference is that the board will make the final decision based on the hearing officer’s recommendation. So the hearing officer can no longer make the final decision. The board is the 294  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 employer and they should have that right in both cases. Collective bargaining is a huge issue. I know you guys have already been informed through the media about this issue. There’s been a lot of conversation. We had a press conference in the blue room earlier today. But I would love for you guys to give this legislation due respect, because it -- it affects our students’ learning and it’s important that we know all of the provisions that was put in place. Under collective bargaining, we have a provision, 4.5, which affects the length of school day and school year. For Chicago Public Schools, it’s been noted that they have the shortest length of day - one of the shortest lengths of day in the country - and we want to fix that and we want to make sure that those kids have enough instruction that would allow them an opportunity to perform well on standardized testing and to improve in -- in shortcomings. This would also help close the academic achievement gap, in my opinion. So what’ll happen now - it’s mandatory that the unions is able to bargain the length of day, length of school year. We’re allowing that to be permissive, where now the Chicago Board can indicate if they would like an additional hour of instruction, if they’d like an additional week or two added on to the calendar year, and that would no longer be a bargaining tool. What still has to be bargained, which is a constitutional right, is the wages and benefits. I’m pleased to share with you that President of Chicago Teachers Union and Mayor-elect Rahm are both new in Chicago. We’re hoping that they can get off to a new start, working together, and change the paradigm of how they have functioned in the past and recognizing that we are in a fiscal crisis, the school district is short funding, and 295  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 perhaps find alternatives to providing support for teachers, considering this extra instruction and length of time will be added to them. That could be in a number of initiatives that they could come up with to compensate teachers. The strike provision: Under the impasse resolution, we’ve created two versions of how strikes should be conducted in the State of Illinois. Currently, negotiation takes place if there is an impasse and the groups come to a resolution or resolve that they cannot agree, the unions currently have ten days to submit strike notification. We’ve changed that paradigm extensively. For downstate and suburban Illinois, there would be a modification period or a mediation period. So, for the first seven days, both groups would actually plead their case, put it together before a mediator. In the thirty-day period of mediation, both groups again present their case. If after fifteen days there’s no resolve, either side accepts the recommendation of the mediator, then it becomes public knowledge. And that’s something that’s really important, because here in the State of Illinois, we -- we have no idea what’s being bargained. We’re notified at the end of the day that a strike will happen. In this case, we will know and -- during the modification process or the mediation process what both sides are requesting, and at that time, community involvement, the public notification period, is paramount. It will be a fourteen-day period. If after that the two sides still cannot come to agreement, they have another additional seven days that they can mediate around this subject. If after that long period of time, lots of publication, everyone involved, then the unions will still have the right to strike if 296  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 they cannot come up with a resolve. But it’s no longer directly ten days, we don’t agree and we’re going out the door. And I want to bring up that when this discussion came up, strike was implemented back in 1983. There is no facts that show that strike actually happens on an ongoing basis. There’s been over twenty-seven years and a handful of strikes across the State. But the threat of the strike was the driving force and the reason why reform was necessary. For Chicago Public Schools and Chicago Teachers Union specifically, they have a more rigorous process. It’s more lengthier in time. It’s considered a fact- finding process. Either side, again, can trigger a fact-finding process, except there’s a panel that has to be created. A panel consisting -- one member from CTU, one member of CPS, and then the both of them agreeing on an arbitrator to be the chairman over that committee. After seventy-five days, they present their cases. If they cannot accept the recommendation of this panel, then, again, it becomes public knowledge. The request that’s being put forth from both sides will then have a fifteen- day period. After that period, if no agreement is made, then mediation is in store for an additional thirty days. After that, if they still do not agree, then it would take three- fourths membership of the Chicago Teachers Union, which is seventy-five percent of their total eligible members, to agree that a strike is necessary. And that’s paramount in this reform. Downstate is still fifty percent or a simple majority. In this case for -- CTU, it would be well over a super-majority. Some other areas that we addressed also dealt with the student bill of rights, which you will hear in Senate Joint Resolution 34. We looked at our school report card. We will be referring 297  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 that to our P-20 Council for a legislative initiative for the fall Veto Session. I’d be happy to answer any questions. I tried to summarize the extent of five months of negotiation and a lot of passion from all of these groups. I’d be happy to answer questions.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Ladies and Gentlemen of the Senate, I know we just concluded a long debate on an important bill and folks are restless and doing postmortems. This, too, is an important bill. I’d ask you to give your attention to the speaker. We have five Senators seeking recognition. Senator Murphy, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Luechtefeld, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HARMON) Senator Maloney, for what purpose do you seek recognition? 300  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011

To the bill, Mr. President. Thank you. My involvement with this process began around Christmastime when I began to get some frantic phone calls - I guess because of my background as a teacher and as a union member - from people who said that they heard rumors that there’s going to be a bunch of reform measures that they’re going to be ramming through Senator Lightford’s committee the minute we get back for our spring Session. My response was, “You don’t know Senator Lightford very well, then. Nobody’s going to ram anything past her.” I talked to Senator Lightford and she assured me, and I became part of the process, that these -- these conferences, these negotiations, would be deliberative because of the importance of the issues and because all of the interested parties would be involved. The first meeting we had, I think we expected four or five people to show up. The room would not accommodate all the interested parties and we had to plan accordingly. The negotiations were difficult, as you can imagine, and somewhat -- I don’t think it’s any exaggeration to say there were some days where the talks were on the verge of collapse. But what -- kept people coming back was a common interest in -- in kids and that something had to be done. And I got to tell you, from all the interested parties, there was a mutual respect. Never once did I hear a personal attack. Never once did I hear a disparaging remark about what somebody said. The issues were serious. They were once thought -- I thought, as an educator, to be untouchable - issues like tenure, issues like being the first hired would be the last fired, the concept of collective bargaining and strike. This -- to get to this consensus on 301  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 these issues is a tribute to Senator Lightford’s leadership. It’s a tribute to the participants’ willingness to talk and talk and talk. And I was proud to be part of that process, proud of the people who participated, and I urge an Aye vote on this important legislation.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Jacobs, for what purpose do you rise?

I want to rise in support of the Senator’s bill. But, you know, I also want to say, we just defeated a bill that drew a lot of interest, but this is a bill -- this is a bill that people really can get excited about, that this press ought to be paying attention to. Senator did an incredible job of bringing the parties together. I can’t say enough wonderful things about you. And I got to tell you, I want teachers to know that if you’re a good teacher, you have nothing to fear, and the fact is, in my mind, I never had a bad teacher. Somebody must have a bad teacher. I imagine there’s bad politicians. I imagine there’s good ones. But I’ll tell you what, I never thought that I’d ever see this kind of bill put together by an interest from the City and I want to thank you, madam, for your excellent work. And also just say that, people, watch the ball. Follow what Illinois is doing. We’re fixing the problems in Illinois. Yes, we did a tax increase. Yes, we’re going to work on workers’ comp. And, yes, we’re doing education reform. And we’re just rolling up our sleeves and beginning. Illinois is back on track.

PRESIDING OFFICER: (SENATOR HARMON) 302  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Senator Steans, for what purpose do you seek recognition?

To the bill, Mr. President. You know, I think two years ago, no one in this Chamber probably would have thought we would have been able to accomplish such fundamental reform to our educational system. It’s remarkable where we’ve come. What I want to add to it is also what’s demonstrated in how we’ve done it, is Illinois is so not Wisconsin. You know, we brought everyone together. And I think it really gets to a much better product when all the players are sitting in that room and hashing it out. Teachers and their union should be part of the discussion. Management should be part of the discussion. Education reform groups should be a part of the discussion. Legislators should be part of the discussion. Parents should part of the discussion. Ends up in a much better product that we can all unite around. We’ve done it here in the right way, in an incredibly collaborative process. Kimberly Lightford just deserves so much credit. I also want to give a shout out to Darren Reisberg, the General Counsel of the Illinois State Board of Education, who I know helped staff it enormously; and just the many, many, many people who have spent hours working on this legislation. It’s very remarkable and I’m really thrilled to be able to support this and urge everyone to -- to vote Yes.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. We’re getting close to the end of our speakers. Senator Holmes, are you seeking recognition?

Thank you, Mr. President. To the bill: First I want to start out and I want to applaud the sponsor for doing what I 303  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 think is our most important job here. We tackle some pretty tough issues, some issues that are so serious to the people of Illinois. And, unfortunately, sometimes they get caught up in the bipartisan, political nonsense, game-playing that happens down here, when really what should happen is exactly what Senator Lightford did with this bill. When this topic came up in December and people were talking about, oh, they’re going to cram education reform down and they were going to do it two weeks, I assured all my educators that while education reform was important, I would not vote until we sat at the table and had an agreed bill process. That is exactly the reason I voted Present on the workers’ comp bill, because I want to see us do the same thing we did here. You can sit down with all of the interested parties, all of the knowledgeable people, all of the industries and all of the companies and all of the businesses and all of the people that are affected by a piece of legislation. And if you have a desire to do it, you can sit down and you can work it out and come up with something that benefits everybody in Illinois. So I urge everybody to vote on this extremely important piece of legislation and to take to heart the lesson that I think we’ve just learned from Senator Lightford, that if you have a dedication and a passion for something, you can sit down and work it out and come up with a bill that benefits the entire State. Thank you.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. A moment ago, we had one speaker seeking recognition; we now have three. Senator Martinez, are you seeking recognition?

304  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 Real quickly. I -- I just couldn’t pass it by. I am -- today is a great and historic day in Illinois. I think today the celebration of a education reform is so very relevant right here in the Senate Chamber at about -- 7:45. And I got to thank -- I got to really commend and really thank Senator Lightford. She has been at this since I joined the Senate Education Committee. And every year, you know, people talked about education reform and five, six, seven months ago, I heard, you know, the -- the long meetings. I heard the commitment. I heard all the stakeholders at that table. She’s been the only one that has been able to bring them all, keep them calm, drive her crazy, but at the same time, been able to take as much as she could from every one of them and bring it all home. Because at the end of the day, Senator Lightford is about the children. And I want to commend her for the great job she did in bringing it all and knowing that, at the end of the day, it’s about our children. It’s about the future of this country, our children. So, I want to just commend. And congratulations on a great bill.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Our final speaker is the Chairman of the Education Committee, the Reverend Senator Meeks.

Thank you so much, Mr. President. To the bill and to the sponsor: You know - only reason I said “you know” real loud, because I knew everybody would be quiet - I -- I think that today should really be Kimberly Lightford Day, because there is -- there is one word that really describes the reason we’re here today and that word is “integrity” - the only reason I think that she was able to come up with a agreed bill with such a 305  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 contentious group. As I sat and as I watched, I watched different sides try to pull her to their side and she wouldn’t take the bait. She considered herself a negotiator. She listened to every side, but she wouldn’t take one side. I watched some of the most -- some of the richest people in the world try to convince her to go to their side. I watched her as she talked to the Mayor of the City of Chicago and she continued to not care who had a side. She wanted to make sure that everybody’s side was heard. And when everybody at the table realized that she was a negotiator with integrity, then it was easy for her to ask them to give some more, and that’s why we’re here to day. And, Kim, you did a wonderful job. The children of Illinois might not even know your name, but when they’re no longer stuck with a crummy teacher that they can’t get rid of and they have longer -- well, they won’t like you because they have a longer school day and they won’t like you because they have a longer school year, but when they go to take their ACT test and they graduate, they will like you for that. We’re proud of you. Thank you for championing this process and I know that you’re going to have fifty-nine green lights on this bill. Congratulations.

PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, to close.

Thank you, Mr. President. It finally took us some time to calm down. It’s amazing, when we have controversy, how we’re more focused. But when we have something to celebrate, we’re not as excited. Well, I’ve got enough excitement in me to revel for all of us in the room, because this was a process that we 306  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 can all be very proud of. This is a process that I appreciate my colleagues acknowledging my passion. This is the reason why I serve in this Chamber. It’s for education, youth development, giving that child who lives in a poor zip code the same opportunities as that child who lives in a wealthy zip code. That’s what it’s about. And so I want to make sure that I thank Darren Reisberg at the State Board of Ed. He and Amanda -- if you don’t know Amanda, you should know her on our Senate staff. She does an awesome job. They were the ones keeping -- yes, give Amanda applause. They were the ones to make sure that we stayed scheduled, we stayed on time, we stayed prompt. Anytime we had breaks, we were still meeting in Chicago. We never took time off from this special initiative. And I’ve got to let you know that when you can bring the Chicago Teachers Union, the Illinois Federation of Teachers, the Illinois Education Association, LUDA, LEND and SCOPE, ED-RED, the Business Roundtable, Parent PAC, the Chicago Principals & Administrators Association, School Management Alliance, Advance Illinois, Stand for Children, when you can keep all these groups at the table and focus only on what’s best for the student and not what’s best for their special interests, then it’s something we should all be very proud of. I hope that this measure today will affect children for decades to come, for generations to come. And as I close, I just want to make sure that I didn’t leave anyone out of my special thank yous and to let everyone know here that we have a process and that process said that the bill would be negotiated in the Senate. We send agreed-upon bills to each Chamber all the time and I’m letting the House know right now that this is a good bill coming over to the House. This is 307  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 a agreed-upon bill that many people worked on for months and I’d hope that when the bill arrive in the House that the Speaker takes that bill, move it through his Chamber, send it to the Governor, who’s waiting to sign it, so that many of these actions can be implemented immediately and move our kids’ educational opportunities forward ASAP. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 630 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting No, and none voting Present. Senate Bill 630, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, Senate Supplemental Calendar No. 1 has been distributed to the Members’ desks. When the reception in the back is over, we will pick up on Senate Supplemental Calendar No. 1. Senator Hunter, for what purpose are you seeking recognition?

Mr. President, it was brought to my attention that I did not vote for Senate Bill 1923 and I would like to be registered as a Yes, please.

PRESIDING OFFICER: (SENATOR HARMON) Shame on you, Senator. The record will reflect your intention.

I know, I thought… You know, my button -- my button has been sticking all day. They’ve been trying to repair it and they can’t, so I thought that I was -- that I pressed Yes, but 308  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 apparently it did not register, so…

PRESIDING OFFICER: (SENATOR HARMON) The record will reflect your intention. Senator Lightford, are you ready to proceed? Ladies and Gentlemen of the Senate, we are on Senate Supplemental Calendar No. 1. It has been distributed to your desk. On that Order is Senate Joint Resolution 34. Madam Secretary, -- please read the resolution.

PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I’ll be quite quickly. During those negotiations, there was a student bill of rights that the Chicago Teachers Union President Karen Lewis submitted. Students in Chicago and disadvantaged areas sat down and came up with what they thought would be an outstanding academic opportunity for them. We created a Senate Joint Resolution, 34, that in -- states the intent of what they were trying to get at. It’s so important that kids even know this - regardless of the economic or social circumstances, has the right to the same level of educational services as every other student in the State of Illinois. There is a couple more bullet points. I’d be happy to answer question. And I urge your support.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Good heavens, we see none. Senator Lightford moves for the adoption of Senate Joint Resolution 34. All those in favor will say Aye. Opposed, Nay. 309  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 4/14/2011 The Ayes have it, and the resolution is adopted. Ladies and Gentlemen of the Senate, I would remind you that the Appropriations Committee I is meeting tomorrow morning at 8:30. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 9 a.m. on the 15th day of April, 2011. The Senate stands adjourned. 310