PRESIDING OFFICER: (SENATOR SULLIVAN) The regular Session of the 97th General Assembly will please come to order. Will the Members be at their desks? Would our guests in the galleries please rise? Our invocation today will be given by the Reverend Richard Irwin, First Christian Church, Springfield, Illinois.
(Prayer by the Reverend Richard Irwin)
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Reverend Irwin. Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Thursday, April 14th, 2011.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Committee Reports.
1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Steans, Chairperson of the Committee on Appropriations I, reports Senate Amendment 1 to Senate Bill 2357 and Senate Amendment 1 to Senate Bill 2378 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Resolutions.
Senate Resolution 176, offered by Senator Silverstein. Senate Resolution 177, offered by Senators Murphy and Brady. They are substantive, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, House Bills 1st Reading.
House Bill 308, offered by Senator Link. (Secretary reads title of bill) House Bill 1195, offered by Senator Bivins. (Secretary reads title of bill) House Bill 1284, offered by Senator Haine. (Secretary reads title of bill) House Bill 1470, offered by Senator Clayborne. (Secretary reads title of bill) House Bill 1476, offered by Senator Delgado. (Secretary reads title of bill) House Bill 1534, offered by Senator Noland. (Secretary reads title of bill) House Bill 1960, offered by Senator Dillard. (Secretary reads title of bill) House Bill 2066, offered by Senator Frerichs. (Secretary reads title of bill) 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 House Bill 2607, offered by Senator Haine. (Secretary reads title of bill) House Bill 2804, offered by Senator John Jones. (Secretary reads title of bill) House Bill 3237, offered by Senator Koehler. (Secretary reads title of bill) House Bill 3265, offered by Senator Haine. (Secretary reads title of bill) House Bill 3300, offered by Senator Wilhelmi. (Secretary reads title of bill) House Bill 3342, offered by Senator Hutchinson. (Secretary reads title of bill) House Bill 3390, offered by Senator Mulroe. (Secretary reads title of bill) House Bill 3636, offered by Senator McCann. (Secretary reads title of bill) 1st Reading of these House bills.
PRESIDING OFFICER: (SENATOR SULLIVAN) Will all Members please come to the Senate Floor? All Members within the sound of my voice please come to the Senate Floor. The Senate will stand at ease for a few minutes to allow the Committee… The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Will the members of the Committee on Assignments please come to the President’s Anteroom immediately? Committee on Assignments will meet immediately. The Senate stands at ease. (at ease) Senate will come to order. Madam Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Assignments, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Floor Amendment 1 to Senate Bill 7 and Floor Amendment 2 to Senate Bill 7. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, we’re going to go to 3rd Readings, continuing on the Calendar where we left off yesterday. We’ll be going to 3rd Readings here just momentarily. Will all Members please come to the Senate Floor? All Members please come to the Senate Floor. We will be doing 3rd Readings in just a minute. Senator Schoenberg, for what purpose do you rise?
I rise for a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Good morning, Mr. President, Ladies and Gentlemen of the Senate. I am pleased to introduce you today to my Page for the Day, Nicky Linke. I know you’ll be disappointed. He’s not from Evanston, but his mother is. So, once again, every day is Evanston Day here at the Illinois State Capitol. Nicky is a fourth grader at the Park View School in Morton Grove. His interests include reading, soccer, video games, baseball, basketball, Cub Scouts, and violin. And, like me, he’s also rooting for the Blackhawks to repeat as a -- the Stanley Cup champions. And he aspires to become an Eagle Scout and he has a great interest in math. Please join me -- and his mother, Lisa, who’s in the gallery, over there behind the President. Please join us in offering them a warm Senate greeting. Thank you. 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Great to have you here today. Ladies and Gentlemen, on the Order of 3rd Readings on the printed Calendar, Senate Bills 3rd Reading, page 53 of the Calendar, is Senate Bill 2155. Senator Bill Brady. Senator Brady. Out of the record. Senate Bill 2162. Senator Bivins. Madam Secretary, please read the bill.
Senate Bill 2162. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
…you -- thank you, Mr. President. Senate Bill 2162 exempts fee for transfer of registration plates from a wrecked county sheriff’s vehicle to a replacement vehicle beginning the 2012 registration year. I know of no opposition. 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 2162 pass. All those in -- in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2162, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, we will return to Senate Bill 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 -- in the middle of page 53, Senate Bill 2063. Senator Harmon. Indicates he’d like to proceed. Madam Secretary, please read the bill. Senator Harmon seeks leave of the Body to return Senate Bill 2063 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2063. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 4, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon, on the amendment.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Amendment 4 to Senate Bill 2063 is a technical amendment. I’d move for its adoption and debate 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2063. Madam Secretary, please read the bill.
Senate Bill 2063. (Secretary reads title of bill) 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2063 culminates at least two years of -- of hard work putting together an agreement on this issue. In short order, it’s as follows: We pay for our 9-1-1 emergency services by attaching a surcharge to telephone bills. That has worked well for landlines, where folks get a monthly bill. It worked well when -- when we moved to cell phones, but most people were getting monthly bills. It did not work well when the industry shifted to prepaid wireless service, where you go to the store, you buy a phone, you buy a number of minutes, you get no monthly bill. This primarily would change the way we collect that surcharge and allow it to be collected at the point of sale. We’ve worked very hard to eliminate all opposition to the bill. The Retail Merchants have been particularly cooperative and worked with us to find a solution. As a secondary matter, we’ve also codified a settlement in the City of Chicago as to how 9-1- 1 surcharges are collected from trunk lines, where multiple phone lines go to a building on a single trunk line. Again, I’m not aware of any opposition to the final bill and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Indicates he will yield. Senator Righter.
Thank you. Senator Harmon, what’s happening now? I mean, as -- as there’s been a movement toward these prepaid cell phones, what -- what problems is that creating?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.
Thank you, Mr. President. Senator, thank you for your question. I believe that folks have attempted in good faith to comply, but because there is no monthly bill to attach the surcharge, they are estimating. And our estimates suggest that the 9-1-1 providers are being undercompensated for -- for the actual number of transactions. There -- there has been some concern that folks’ estimates are perhaps in good faith, but are underestimated. I believe, and I think the others -- the other stakeholders believe, this will increase the -- the collections.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Thank you, Mr. President. Briefly to the bill, if I might.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
Ladies and Gentlemen, I rise in support of Senate Bill 2063. Now, for purposes of information, there -- there is a new surcharge or fee out there, but this is a need to move to a new way of collecting these, if you will, because we are utilizing a different mode of communication, if you will, with regards to 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 the sale of these prepaid phones. So, thank you, Senator Harmon, for your work and your answers. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Righter. Senator Tim Bivins.
Thank you, Mr. President. I also rise in support of the bill. Studied your bill a while back before some of the amendments. And just reiterate what the previous speaker said that it’s not a new few fee; it is a collection and an attempt to collect what is already due. So I do rise in support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there -- any further discussion? Further discussion? Senator Harmon, do you wish to close?
Thank you, Mr. President. I just want to thank my colleagues for their support and for making a very good point I should have made in my -- my introductory remarks. We are not imposing a new surcharge. We are simply amending the collection method. So I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 2063 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 2063, having received the required constitutional majority, is declared passed. With leave of the Body, we will skip down to Senate Bill 2141. Senator Harmon. Indicates he’d like to 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 proceed. Madam Secretary, please read the bill.
Senate Bill 2141. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Several years ago, we created the Citizens {sic} (Citizen) Participation Act, which affords some insulation from liability to citizens who are engaging in political speech and urging government action. As some warned at the time, this may have created a license to defame and we have seen some of the consequences of that in the implementation of the Act. This bill, Senate Bill 2141, is an attempt to remedy that in a thoughtful way. This would create a cause of action for a judicial declaration of falsity if a statement has been made and is proved false. It’s similar to defamation, obviously, but it provides for no damages. It provides merely for a judicial declaration that the statement was false. I am aware of some opposition from the ACLU. We are in conversations with them to see if we can find an accommodation, but beyond that, I am not aware of any opposition. I’m happy to continue working on it in the House, but I’d ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2141 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 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, 0 voting Nay, 0 voting Present. Senate Bill 2141, having received the required constitutional majority, is - - is declared passed. Next on the Calendar is Senate Bill 2147. Senator Schoenberg. Madam Secretary, please read the bill.
Senate Bill 2147. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2147 is an initiative of the Health Care Council of Illinois. It grants applicants the right to file written responses to the Health Facilities Planning Board staff written review and findings prior to the Board’s rendering a decision on the applicant’s request for a permit. It sets a hard deadline of ten days before the Board meets to consider the application for a permit for both applicants and the general public. And it narrows the focus of the general public and applicant’s comments to the staff written review and findings. The current law grants the right to public, but does not -- to the public, but doesn’t specify the scope of their opinion. It also clarifies some ambiguity that currently exists on deadlines. I know no opposition. I urge your support and I’m happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2147 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 2147, having received the required constitutional majority, is declared passed. Moving down to the bottom part of page 53, where we left off earlier, is Senate Bill 2168. Senator Clayborne. Madam Secretary, read the bill.
Senate Bill 2168. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.
Thank you, Mr. President, Members of the Senate. 2168 creates the historic rehabilitation tax credit, which would grant a credit for the historic properties that -- that are rehabilitated and are located in the Rivers {sic} (River) Edge Redevelopment Zone. This tax credit will be equal to twenty- five percent of the rehabilitation costs and the credit is -- sunsets within six months.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2168 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 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 all voted who wish? Madam Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 {sic} (1) voting Present. Senate Bill 2168, having received the required constitutional majority, is declared passed. Senate Bill 2169. Senator Clayborne. Madam Secretary, please read the bill.
Senate Bill 2169. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.
Thank you, Mr. President and Members of the Senate. 2169 makes modifications to the process by which the ICC is to license a common carrier by pipeline. These changes are intended to provide a more efficient and inclusive process for certifying crude oil pipeline projects with the ICC. I would ask for your favorable support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2169 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 2169, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, turning to the next page. At the top of page 54 is Senate Bill 2170. Senator Clayborne. Madam Secretary, please 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 read the bill.
Senate Bill 2170. (Secretary reads title of bill)
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, excuse me one minute. Out of the record. Out of the record on Senate Bill 2170. Senate Bill 2172. Senator Clayborne. Madam Secretary, please read the bill.
Senate Bill 2172. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.
Thank you, Mr. President. Senate Bill 2162 {sic} that -- requires that, in order to be considered a responsible bidder, the bidder must submit an affidavit stating that it will maintain an Illinois-based office as the primary place of employment for -- for persons employed in the construction authorized by the contract.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Righter.
Senator Clayborne, do you have a feel for whether or not 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 this will lower the number of qualified bidders?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.
I don’t think so. The -- the -- the purpose -- the impetus behind this bill is the fact that an Illinois-based company won the contract. Then they moved their operations to Indiana and actually paid Indiana payroll taxes, not Illinois taxes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Do you have a specific example or situation when that happened?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter -- or, Senator Clayborne. Excuse me.
I don’t have the name of the -- the -- the company. No.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Can you tell me about the circumstances? What -- anything about it? When it might have happened? Or -- I mean, did someone bring this to you or is this just something that you heard? Can you provide us with a little more -- little more meat on it, Senator?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.
I was told that this came from the Operating Engineers and 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 it involved a bridge being built on the Indiana-Illinois border.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
That’s a coincidence, Senator, because my district runs along the Illinois-Indiana border. I mean, can you give me any more information about where it might -- might have -- where that might have happened? I mean, this is rather -- I mean, this is kind of bizarre. I mean, the notion that someone would get the contract and then decide to pick up and move. And I -- I would suggest to you, Senator, that even if they’re domiciled in Indiana, if they’re working in Illinois, I still think they’re going to have to pay payroll taxes under Illinois law. But that’s a separate issue. Can you tell me any more about the incident that happened along the Illinois-Indiana border?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.
Again, I don’t -- I don’t have the specific project. This is what I’ve been told that -- that happened.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Lauzen.
Thank you, Mr. President. Question for the sponsor. I…
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Lauzen.
Senator, I certainly appreciate what you’re trying to accomplish. I mean, we want to employ Illinois folks and we 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 want folks working here, paying the taxes and supporting it, but this is certainly going to decrease the number of eligible bidders. And that generally means that it’s going to drive the price of projects up. Wouldn’t it be better to lower the tax rates, the worker compensation rates, all of those kinds of costs of doing business, rather than trying to lock people in, in chains? Wouldn’t it be better?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.
It’s an Illinois-based project. We just want to make sure that Illinois-based workers receive the benefits. And any time that we can encourage and strengthen businesses, we should, Senator.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Further discussion? Seeing none, the question is, shall Senate Bill 2172 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 37 voting Aye, 21 voting Nay, 0 voting Present. Senate Bill 2172 - 2172 - having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 2185. Senator Cullerton. Out of the record. Senate Bill 2187. Senator Clayborne. 2187. Out of the record. Senate Bill 2190. Senator Hutchinson. Madam Secretary, Senator Hutchinson seeks leave of the Body to return Senate Bill 2190 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2190. Madam 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson, to explain your amendment.
Thank you, Mr. President. Senate Bill 2190 amends the Wildlife Code by adding a variety of specific wild birds, parts of wild birds, and other mammals to the list of wildlife protected under this statute. This bill allows the Department of Natural Resources to prohibit or limit importation, possession, release into the wild, take, commercialization of take, sale, and propagation of wild mammals, wild birds, and feral livestock that are not defined as protected species.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2190. Madam Secretary, please read the bill.
Senate Bill 2190. (Secretary reads title of bill) 3rd Reading of the bill. 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
I -- I explained it all in the amendment. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2190 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 Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill -- 2190, having received the required constitutional majority, is declared passed. Senate Bill 2191. Senator Hutchinson. Out of the record. Senate Bill 2193. Senator Hutchinson. Madam Secretary, Senator Hutchinson seeks leave of the Body to return Senate Bill 2193 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2193. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson, to explain your amendment.
I would like to explain that on 3rd. It becomes the bill.
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, 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2193. Madam Secretary, please read the bill.
Senate Bill 2193. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Thank you, Mr. President and Members of the -- of the Senate. This bill went through a couple of different changes. I noticed that when I introduced just Environmental Justice Act as a shell, it got a lot of opposition. And when we went to committee, I said I wanted the opportunity to keep working on it, and then I was asked to see if I could not bring an amendment back to the committee until I had removed all opposition. And I didn’t think that that was possible, but we did it. We -- we’ve got a bill that went back to the -- the Environment Committee that removed all opposition. We took away ninety-five percent of what people were most concerned about. This creates a commission and it creates the Environmental Justice Act, creating -- establishing a Commission on Environmental Justice that shall advise the State entities on environmental justice and related community issues, review and 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 analyze the impact of current State laws and policies on the issue of environmental justice and sustainable communities, assess the adequacy of State and local laws to address the issue of environmental justice and sustainable communities, develop criteria to assess whether communities in the State may be experiencing environmental justice issues, and then recommend options to the Governor. I know of absolutely no opposition to this bill and I would ask for your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates that she will yield. Senator McCarter. SENATOR McCARTER: Senator, I -- I’ve been told by our spokesperson that you - - that you did a lot of work on this and that you came a -- you know, a long ways and took it down to much less than what you started with, but will this - what you’ve done here - increase the length of the permitting process whatsoever?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
No. And thank you for asking that. That was a large crux, of not wanting to overburden people who were putting in new projects, ‘cause, you know, there are a lot of us that need new projects. And there are a lot of times when they expand or enhance the projects that they have, that they make it greener 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 and they make it better anyway and we wanted to give people the opportunity to come to the table and talk about that. So, no, this has no effect, whatsoever, on permitting.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: So, within the existing process, was there not enough opportunity for people to come to the table to express their concern over the project?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
We know that there are areas of the State that end up having projects where they’re disproportionately burdened with environmental issues in -- in impoverished areas. So what we want to do is create the concept within the State so we can talk about how we can better empower folks. But we completely went out of the regulations. This thing does not talk about permitting at all. It’s silent on that. This -- this is a commission within the EPA to look at these issues that I think deserve conversation.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: To the bill: If -- if we’re not -- you know, one of our objectives to -- to bring business to the State is to expedite permitting processes, because we got people that want to spend money. We want them to spend money as soon as possible. And if they can do that quicker in another state, they’re going to go 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 to that state. So, I commend you for not affecting that process and -- and still giving people a voice. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, the question is, shall Senate Bill 2193 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 Secretary, take the record. On that question, there are 50 voting Aye, 7 voting Nay, 0 voting Present. Senate Bill 2193, having received the required constitutional majority, is declared passed. Senate Bill 2194. Senator Hutchinson. Madam Secretary, Senator Hutchinson seeks leave of the Body to return Senate Bill 2194 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2194. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson, on your amendment.
Senate Bill 2194 amends the Illinois sales tax laws to provide uniformity, certainty and modernization to the rules used by retailers to determine a local sales tax charge to charge their customers. Happy to take any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? On the amendment. Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2194. Madam Secretary, please read the bill.
Senate Bill 2194. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Again, Senate Bill -- 2194 does amend the Illinois sales tax laws to provide uniformity. I know there’ll probably be some questions on the Floor and I’m happy to entertain them now.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Kotowski.
Like to -- thank you, Mr. President. Like -- ask some questions of the sponsor for the purpose of legislative intent.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates that she will yield. Senator Kotowski.
Thank you very much, Mr. President. Thank you very much, Senator Hutchinson. Just for purpose of legislative intent, what is the purpose of this bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Hutchinson.
Because Illinois law does not currently provide statutory guidance on the sourcing of sales under the local retailers’ occupation taxes in Illinois, the purpose of this bill is to codify into law existing Department of Revenue regulations, opinion letters and case law on local tax sourcing, as well as update and clarify this local tax sourcing law for new technologies. The bill applies this same clear and consistent statutory rule to all local retailers’ occupation taxes in Illinois, so retailers will not have to guess as -- as to what local tax rate to charge.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Thank you very much, Mr. President. Sponsor, why is this - - why is this legislation needed?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
For almost fifty years, the Department of Revenue, through its regulations and opinion letters, had consistently and uniformly applied a bright-line local tax sourcing rule. Recently the Department has decided to abandon its regulations and past opinions and instead apply a new subjective facts and circumstances test for local tax sourcing. This has resulted in the inability of retailers to determine the local tax due at the time of sale and makes it virtually impossible for many retailers to conduct business in Illinois. Senate Bill 2194 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 provides clarity and stability in the sourcing of local taxes by restoring the bright-line sourcing test that has been historically used in Illinois.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Thank you, Mr. President. Senator Hutchinson, does this substantially change Illinois law on local sourcing of retailers’ occupation tax revenues?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
No. The bill adopts the same bright-line sourcing test used in the existing Department regulations. However, it does add additional definitions and clarifies and updates the meaning of some terms, especially as to new technology. Similar to the current regulations, the bill provides that the retailer’s office from which the sales order is accepted is the sales location, except in certain situations. Also, like the Department regulations, the bill provides that the office that the purchase order is received is the default sales -- sales location, unless the retailer clearly proves that the acceptance location for the sale is at a different office location. Notably, providing this same ability to the Department to prove a different acceptance location was offered to the Department in the drafting of Amendment 3 to this bill, but it was rejected.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski. 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
…you -- thank you, Mr. President. Senator Hutchinson, were any provisions to this bill added to accommodate concerns of the Department of Revenue, RTA, or any other government entity?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Yes. To prevent the possible use of a sham office as a sales location - an issue raised by the Department and the RTA - a definition of “office” was added to the bill requiring that the office be in an actual structure that is held out to the public as an office and where an individual working in that office is actually performing services related to order processing or the sales approval process of the retailer. Moreover, the Department’s concerns on cash and carry sales and the shipping of goods before final acceptance were also addressed in the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Thank you, Mr. President. Senator Hutchinson, what about sales for delivery outside of Illinois, are they taxable under this bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Definitely not. The same exclusion from the State and local retailers’ occupation tax currently in place for sales where the seller agrees to deliver or ship an item outside of 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Illinois and where that actually happens, continues and is not changed by this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Thank you, Mr. President. Senator Hutchinson, what is the technology update in this bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Neither the current Department of Revenue regulations on sourcing nor the Department of Revenue’s subjective facts and circumstances test address advances in technology. The bill includes rules for sales orders received and processed electronically; for example, by e-mail or fax.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Thank you, Mr. President. Senator Hutchinson, what is the economic impact of this bill to the State?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
This bill is revenue-neutral to the State of Illinois, as it only addresses the determination of the local sales tax due on any retail sales. However, in a larger sense, the bill is revenue-positive for the State in that it provides the clarity needed to encourage business to keep their business operations here. 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Thank you, Mr. President. Senator Hutchinson, does this bill apply retroactively?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Only in a very limited way. Since the bill is designed to essentially codify most of the current regulations, it does apply retroactively but only to the extent a retailer has consistently applied these same rules in filing its past returns. Therefore, it does not allow a retailer who failed to follow those same rules to now change and try to claim a refund.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Thank you, Mr. President. Last question, Senator Hutchinson. Who is supporting this bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
A broad array of business and governmental supporters, such as the Illinois Chamber of Commerce, the Joliet Chamber of Commerce, Will County Executive Larry Walsh, the Chicagoland Chamber of Commerce, Teamsters Joint Council 25 and 705, the Illinois Taxpayer {sic} (Taxpayers’) Federation, Illinois Retail Merchants Association, the Lake County Municipal League, as well as a number of cities and counties. 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Raoul.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill. Senator Raoul.
Yeah, I love the sponsor, but this bill just sets a guideline to have people set up their infrastructure in the City of Chicago, County of Cook, County of DuPage, but set up something that they clearly delineate as an office with a single person in there and possibly a fax machine or a server, maybe cut a deal with the municipality, and shift the taxes from where they’re really conducting their business, really conducting their sales to another municipality. It may be revenue-neutral for the State. But for those of you in DuPage County or Cook County, City of Chicago, where you have businesses that have their real infrastructure there, what this is going to begin to do is gut the revenue, thereby leading to increased property taxes and increased sales taxes. And we’ve had enough of that. We cannot afford to let this bill pass. I urge a No vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Lightford.
Will the sponsor yield, Mr. President?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Lightford.
Thank you. Senator Hutchinson, you have to be one of my 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 favorite sisters and colleagues here, but I’ve got to share with you the concern of this legislation. I’d like to know who’s in opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Right now, I have the City of Chicago, Cook County and the RTA. Those are the -- the most vocal. Oh! And Department…
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford. Senator -- Senator Hutchinson, did you want to continue? Senator Hutchinson.
And the Department of Revenue.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
Thank you. Senator Hutchinson, why is the City of Chicago and Cook County and the Department of Revenue and DuPage County and RTA opposed?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
The contention is that this is going to allow people to do something that’s different than what’s currently already allowed. I need to be clear about something, because there are a lot of numbers floating around the building and there’s a lot of concern about this removing money from jurisdictions when that’s not at all what the bill does. This bill does not steer businesses out of Cook County or steer businesses out of 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Chicago. Further, it doesn’t do anything that would allow somebody to do something that they’re not already allowed to do right now under current State law. This bill was brought to me because we have retailers that have multiple locations. And I know that there’s nobody in this Chamber what would -- that would say that we penalize businesses for having multiple locations. So the concern about steering revenue out of one thing, it’s a legitimate concern because it’s -- it’s something that directly relates to the fact that we don’t have a uniform sales tax in local communities across the State. So the fact that we don’t means that people and businesses have within their legal right today - right now - to determine where they should locate that’s more favorable to them when they set up their overall large business practices. And because -- I’m pretty sure that most people in the Chamber understand that in 2011 you don’t operate businesses exactly the same way you did in -- in 1975. You can have multiple locations in multiple jurisdictions. You also have property taxes, employment taxes, utility taxes, income taxes for the people who live in the community for where that business then -- tied directly to brick and mortar. These just deal with sales tax. All this bill does is says that the sales tax that is charged is determined by the jurisdiction where the transaction occurred. That’s it. If we want to take up the issue of how we don’t pit municipality against municipality and county against county, because some people have better tax rates than other folks, that’s a separate issue and a separate bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford. 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Thank you, Mr. President. And thank you for the explanation, Senator Hutchinson. I recognize your efforts here and your passion. I would still need to be a No or Present, considering City of Chicago and Cook County has some reservations, and with the Municipal League being neutral. I -- good luck. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further -- further discussion? Senator Lauzen.
Thank you, Mr. President. To the bill: First of all, I’d like to applaud the sponsor’s efforts in this area. You would not think that something as straightforward as what the good Senator is proposing would become so difficult. If we want employers who will sell goods in Illinois and collect State and municipal sales taxes to continue to be here, there are three things you’re going to have to provide ‘em for sure: clarity on what the tax law is; certainly -- certainty that we’re not going to jack it around; and number three, a consistency so that they can plan for the future. Can you imagine having to wait for three years, if you were a retailer, in order to know how much your tax bill’s going to be? That you -- you set up a business, you think you’ve done everything right, but then the -- the Illinois Department of Revenue can come in and make any decision they want and then they can audit you, bring you to a tax court, and you don’t know until that’s resolved for three years. That is a purgatory. People are not going to do that. Let me just read one -- a judge’s comment in a tax case called Hartney Fuel versus Hamer, where -- where the court basically determined that 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 the Department of Revenue is -- has left behind the consistent application of their own statute and regulations and are basically abusive to the taxpayer. This is what the court said, “Having now weighed all evidence,” this is straight from the conclusion of the court case and the judge’s decision, “Having now weighed all evidence, argument and applicable law, giving due weight to any prima facie benefit that might be allowed an audited assessment, it is the finding of this court that the audit process was in several determinative aspects flawed, incomplete, factually unsupported and legally in error.” All the good Senator is trying to do is provide some kind of certainty, clarity and consistency to the sales tax law. I applaud her effort. I encourage everybody a strong Yes vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator, would you like to close? Senator -- Senator Hutchinson.
Thank you. I -- I really want to make clear the fact that this bill does not allow anyone to do anything that they cannot currently under State law do - that is operate in multiple locations - and seek clarity in what tax rate they’re supposed to charge when they do that. This is allowable right now and it’s fifty years of Department of Revenue practice. It’s only been in the last couple of years that those rules have been changed in the way they interpret them. The other thing is that we -- we looked at court cases, we looked at opinion cases all the way back to 1989 and Chemed, where they literally said these very regulations that the Department has were brought to court. They were challenged. The court said basically -- or the Fourth 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 District Appellate Court in the ’89 case of Chemed agreed with the Department of Revenue that the regulations they have right now are substantial, clear and enforceable. They said - and since 1989 - it’s the last court opinion I have - those regulations that the Department uses are substantial, clear and enforceable. I am only asking to codify those regulations. Thank you and I would for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. The question is, shall Senate Bill 2194 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 33 voting Aye, 20 voting Nay, 4 voting Present. Senate Bill 2194, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 2203. Senator Maloney. Out of the record. Senate Bill 2206. Senator Clayborne. Madam Secretary, read the bill.
Senate Bill 2206. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.
Thank you, Mr. President. 2206 clarifies that when a person is nominated to -- to fill a vacancy in nomination, that person does not fill the vacancy unless a resolution designating such person for the vacancy is properly filed within three days. 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Senator Hutchinson, you’re not seeking leave on this -- to ask questions on this bill, are you? Your light’s -- your light’s on. The question is, shall Senate Bill 2206 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? Madam Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2206, having received the required constitutional majority, is declared passed. Senator -- continuing on the Calendar, Senate Bill 2225. Senator Wilhelmi. Madam Secretary, please read the bill.
Senate Bill 2225. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2225 clarifies a preferential assessment for residential developers. In 2009, we passed a law out of this Body and the House passed it, Governor signed it, that would allow for a preferential assessment for our developers on property that they acquired from farmers. And we wanted to make it clear that in the event that they transferred that property to another developer that the preferential assessment would stay on the books. There was some misunderstanding. There was some 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 confusion and the Department of Revenue determined that only sales or transfers after August of 2009 would apply for that preferential assessment to continue. This bill clarifies that before and after that effective date of August 2009, any sale from one developer to the next or any acquisition by a bank through foreclosure would apply for the preferential assessment. 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 2225 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, 1 voting Nay, 1 voting Present. Senate Bill 2225, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 2256. Senator Haine. Senate Bill 2256, out of the record. Senate Bill 2259. Senator Jacobs. 2259. Senator Jacobs. Out of the record. Senate Bill 2267. Senator Emil Jones. Madam Secretary, please read the bill.
Senate Bill 2267. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jones.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2267 is dealing with stalking and makes it 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 illegal for anyone convicted of stalking another individual if they hire a private detective to stalk their victim. As we know, stalking is a very serious crime, not only in this State, but across the country. Just a few days ago, a woman of Oak Brook, Illinois, was stalked by her predator and what he did is he used a GPS device hooked up to her car, tracked her down and murdered her. So I ask for a favorable roll call on this bill. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2267 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 Secretary, take the record. On that question, there are 57 voting Aye, 1 -- 0 voting Nay, 0 voting Present. Senate Bill 2267, having received the required constitutional majority, is declared passed. Senate Bill 2268. Senator Harmon. Madam Secretary, please read the bill.
Senate Bill 2268. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2268 is an initiative of the Cook County State’s Attorney’s Office. It’s a modernization of our Drug Asset Forfeiture Proceeding {sic} (Procedure) Act and some 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 related provisions. It would provide additional judicial oversight on the seizure of property before the formal forfeiture proceedings are instituted. It also raises the dollar threshold for non-judicial proceedings from twenty thousand to a hundred and fifty thousand. This has not been increased since 1990. I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2268 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 2268, having received the required constitutional majority, is declared passed. Senate Bill 2270. Senator Sandack. Senator Sandack. Senate Bill 2270. Madam Secretary, read the bill.
Senate Bill 2270. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandack.
Good morning, Mr. President. I’m over here. Thank you, Members of the Senate. Senate Bill 2270 is an initiative of the DuPage County State’s Attorney, seeking to reduce some of the over-registration for juvenile offenses. Particularly, Floor 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Amendment 2 exempts out all juvenile defendants from having to register if convicted of a misdemeanor domestic battery. And it clarifies domestic battery requires bodily harm for adult offenses to have to register. This reduces the types of aggravated battery that trigger registration for both adult and juvenile offenders and it adds some offenses: aggravated battery with a firearm for adult offenders. There’s some retroactivity that’s taken out of this. And in sum and substance, it reduces some of the over-registration effects for {sic} the 96th General Assembly. I ask for your favorable vote and will take any questions. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Dillard, for what purpose do you rise?
Thank you. Would my colleague yield for a question, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Dillard.
Thank you. Senator Sandack, what’s the difference between this and a bill I’ve read about that Representative Dennis Reboletti from Elmhurst has, dealing with murderer registration?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandack.
Thank you, Senator. I’m not aware of what Representative Reboletti has in store. This goes to the Child Murderer and Violent Offenders {sic} (Offender) Against Youth Registration 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Act, and it does seek to stop some of the over-registration, particularly batteries amongst juveniles in the same home. So it takes domestic battery out of it. Remember these are lifetime registrations and we want rehabilitation and some of that over-registration to end.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Further discussion? Seeing none, Senate Bill -- the question is, shall Senate Bill 2270 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 2270, having received the required constitutional majority, is declared passed. The bottom of page 54 is Senate Bill 2271. Senator Hunter. Senator Hunter seeks leave of the Body to return Senate Bill 2271 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2271. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter, on the amendment.
I wish to adopt the amendment and I’ll explain 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, 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2271. Madam Secretary, please read the bill.
Senate Bill 2271. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.
Thank you, Mr. President. Floor Amendment 1 deletes everything and becomes the bill. It basically creates the Racial and Ethic -- Ethnic -- Ethnic Impact Research Task Force, which is tasked with determining a practical method in standardizing the -- the collection and the analysis of data on the racial and -- and ethnic identity of arrestees by State and local (law) enforcement agencies. These are recommendations that came out of our Disproportionate Justice Impact Study, recommendations one and two. We simply do not have the numbers to do substantial work. So I ask for an Aye vote to continue the work.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2271 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2271, having received the required constitutional majority, is declared passed. Senator Righter, for what purpose do you rise?
Thank you, Mr. President. I rise on a point of personal privilege, if I might.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I would like to take just a brief moment of our time to introduce to you my Page for the Day. This young man standing next to me, his name is Blake Toman. He is a twelve-year-old who is originally from Oakland, a small community in my district, but now lives in Senator Hutchinson’s district in Monee. He is joined by his mother, Star, who is sitting in the President’s Gallery immediately above us. I would simply ask the Senate give him -- him and his mother a warm welcome. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Blake, welcome to the Illinois Senate, and your parents. Great to have you here. Turning now to the top of page 55 is Senate Bill 2272. Senator Hunter. Out of the record. 2273. Senator Hunter. Out of the record. 2274. Senator Hunter. Out of the record. 2279. Senator Raoul. Madam Secretary, please read the bill. 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Senate Bill 2279. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2279 extends a provision allowing retired teachers receiving a pension under the Teachers’ Retirement System to work as a teacher for one hundred and twenty paid days or six hundred paid hours in each school year without impairing their retirement status. This provision began on July 1, 2001, and is set to expire on June 30th of this year. The bill extends the deadline to June 30th of 2021. Without Senate Bill 2279, the limits would be set at a hundred paid days or five hundred paid hours. According to COGFA, there’s no fiscal impact associated with the bill, since retired workers -- teachers who return to work are not accruing any additional service credit in TRS for their service.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2279 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 48 voting Aye, 0 voting Nay, 5 voting Present. Senate Bill 2279, having received the required constitutional majority, is declared passed. Senate Bill 2286. 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Wilhelmi. Madam Secretary, please read the bill.
Senate Bill 2286. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Thank you, Mr. President. Senate Bill 2286, as amended, provides that the criminal history background checks for park district employees would include both adult criminal court convictions as well as juvenile court adjudications. The situation is this: We’ve passed a law that says there shall be no employee at a park district that’s been convicted of a Class X felony, a sex crime - and -- and that applies to juveniles and adults. The problem is, records -- park districts are not able to access criminal background checks for juveniles. This bill would allow that. It also expands the list of crimes to include stalking, aggravated stalking, and cyberstalking. Bottom line is, we don’t want anyone working at parks with our children, whether they’re thirty-five or sixteen, that have been adjudicated or convicted of these crimes. This is a good bill to protect our kids and I ask for your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2286 pass. All those in -- in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 the record. On that question, there are 55 voting Aye, 1 voting Nay, 1 voting Present. Senate Bill 2286, having received the required constitutional majority, is declared passed. Senate Bill 2288. Senator Hutchinson. Senator Hutchinson seeks leave of the Body to return Senate Bill 2288 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2288. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson, to explain the amendment.
This actually becomes the bill, so I’d explain it on 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, the question is -- all -- or, all those in favor will say Aye. Opposed, Nay. And the Ayes have it. The amendment is adopted. Are there any further amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2288. Madam Secretary, please read the bill.
Senate Bill 2288. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Hutchinson.
Thank you, Mr. President. Floor Amendment No. 2 replaces everything after the enacting clause and amends the provisions of the Environmental Protection Act. It removes any fuel excluded from the definition of “solid waste” in the Federal Register from the Act’s definition of “municipal waste incineration”. Floor Amendment No. 2 seeks to encourage the recycling of municipal solid waste to make a biomass-derived fuel which may be used in existing coal-fired power plants. I’m really excited about this. This is an Indiana company that’s trying to move to Illinois. 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 2288 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 2288, having received the required constitutional majority, is declared passed. Senator Millner, for what purpose do you rise?
Thank you, Mr. President. I just wanted to -- wish to be recorded, regarding Senate Bill 2279, as a Yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so reflect your intentions. Continuing on the Calendar is Senate Bill 2299. Senator -- President Cullerton. 2299. Out of the record. 2300. President 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Cullerton. Out of the record. 2301. Senator Dillard. Senator Dillard seeks leave of the Body to return Senate Bill 2301 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2301. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Dillard.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard, to present your amendment.
Thank you. It really is Senator Cullerton’s amendment. We’re still on the Order of the Senate President. This amendment is a Legislative Reference Bureau cleanup, or revisory, of the Criminal Law rewrite in which then just rank- and-file State Senator Cullerton and I participated in and I’d move its adoption.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2301. Senator Dillard, do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 2301. 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
Thank you, Mr. President and Members. This is a Legislative Reference Bureau revisory bill. And I would appreciate a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2301 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 2301, having received the required constitutional majority, is declared passed. Senator Trotter, for what purpose do you rise?
Mr. President, thank you very much. I would like the -- the record to reflect that I would have voted Yes on 2279 if -- my buttons weren’t working properly.
PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so reflect your intentions. Continuing on the Calendar is Senate Bill 2302. Senator Cullerton. President Cullerton. Out of the record. 2303. President Cullerton. Out of the record. 2315. Senator Kotowski. Out of the record. Senate Bill 2319. Senator Kotowski. Out of the record. Senate Bill 2324. Senator Kotowski. Out of the record. Senate Bill 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 2332. Senator Kotowski. Out of the record. Senate Bill 2333. Senator Kotowski. Out of the record. Senate Bill 2334. Senator Kotowski. Out of the record. Senate Bill 2335. Senator Kotowski. Out of the record. Senate Bill 2336. Senator Kotowski. Out of the record. Senate Bill 2337. Senator Kotowski. Out of the record. Turning to the top of page 56. Senate Bill 2348. Senator Steans. Out of the record. Senate Bill 2357. Senator Steans. Out of the record. Senate Bill 2365. Senator Steans. Out of the record. Senate Bill 2370. Senator Steans. Out of the record. Senate Bill 2373. Senator Steans. Out of the record. Senate Bill 2378. Senator Steans. Out of the record. Senate Bill 2390. Senator Kotowski. Out of the record. Senate Bill 2392. Senator Kotowski. Out of the record. Senate Bill 2394. Senator Kotowski. Out of the record. Senate Bill 2403. Senator Steans. Out of the record. Senate Bill 2405. Senator Steans. Out of the record. Senate Bill 2407. Senator Steans. Out of the record. Senate Bill 2408. Senator Kotowski. Out of the record. Senate Bill 2411. Senator Kotowski. Out of the record. Senate Bill 2412. Senator Steans. Out of the record. Senate Bill 2413. Senator Kotowski. Out of the record. Senate Bill 2414. Senator Steans. Out of the record. Senate Bill 2415. Senator Kotowski. Out of the record. Senate -- Senate Bill 2420. Senator Kotowski. Out of the record. Senate Bill 2430. Senator Kotowski. Out of the record. Senate Bill 2431. Senator Steans. Out of the record. Senate Bill 2434. Senator Kotowski. Out of the record. Senate Bill 2435. Senator Kotowski. Out of the record. Senate Bill 2437. Senator Steans. Out of the record. Senate Bill 2444. Senator 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Kotowski. Out of the record. Senate Bill 2445. Senator Kotowski. Out of the record. Senate Bill 2446. Senator Kotowski. Out of the record. Senate Bill 2447. Senator Kotowski. Out of the record. Senate Bill 2450. Senator Steans. Out of the record. Senate Bill 2453. Senator Kotowski. Out of the record. Senate Bill 2454. Senator Steans. Out of the record. Senate Bill 2458. Senator Kotowski. Out of the record. Senate Bill 2462. Senator Kotowski. Out of the record. Senate Bill 2468. Senator Steans. Out of the record. Senate Bill 2475. Senator Steans. Out of the record. Ladies and Gentlemen, we will go to the Order of House Bills 3rd Reading on the bottom of page 57. House Bills 3rd Reading is House Bill 116. Senator Steans. Madam Secretary, please read the bill.
House Bill 116. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.
Thank you very much, Mr. President, Members of the Senate. So, we are -- this year, in the way we’re going about our budgeting, we had first identified the revenues we have available. We’ve already passed that Senate joint resolution. And we are now turning towards making sure we make full payments for our pensions and debt service. This is the first bill that I’ll be calling for a vote today. House Bill 116 makes the Fiscal Year ’12 certified pension contributions of 980.5 million 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 dollars to the State University {sic} (Universities) Retirement System. There may be some more funding available from the State Pension Funds that we can move some of the appropriations out of there into the -- excuse me, out of GRF to the State Pensions Fund, so we may have a trailer bill once we’ve determined that. But, at this point, I would ask for an Aye vote to make sure that we set aside making our -- full pension payments this year. We do not want to be borrowing for -- to make our pension payments yet this year. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Matt Murphy, for what purpose do you rise?
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Murphy.
Senator, I appreciate the -- the work on this bill. As you know, and I think everybody here knows, our side of the aisle has been very committed to making the pension payment with cash rather than borrowing for years. So I appreciate this effort. You made reference to the possible fix of the ninety-five- million-dollar discrepancy, highlighted by the Treasurer, between the number in the House bill that we vote on today and the number that may ultimately be our pension liability. And you had said that there may be a trailer bill on that. And I guess I would just ask for some clarification on that point before moving on to something else.
PRESIDING OFFICER: (SENATOR SULLIVAN) 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Steans.
We do expect a trailer bill. The House is working on that. We’ll -- be getting a bill from the House to the Senate. I did speak to a representative from the Comptroller’s and Treasurer’s Office as well -- the Treasurer’s Office, and they are fine with us doing this in a trailer bill format.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
One other issue: One of the concerns we had in committee about voting for this now was the potential that it may derail ongoing pension reform negotiations and create the impression somehow that we were settling for the status quo on pensions. And we were sensitive to sending that message. And subsequent to the committee, but before here, we had the chance to speak on that issue and you had communicated to me, and I want to take you at face value on this, that pension reform conversations will continue, and that in the event that pension reform is passed and savings in Fiscal Year ’12 could be realized, that there would be an opportunity to revisit this number, as we’re going to revisit it for the ninety-five million. And I just want to -- just -- I want to thank you for that. It reassured me personally on this and I think many on this side of the aisle. But I just want to confirm that -- that you are comfortable with the assessment as I just laid it out.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.
53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Yes. I -- I do believe there are conversations going on, and the House may, in fact, do a bill on pension reform. We have -- we don’t know whether that will happen or not, but certainly this will not in any way, shape or form impact those discussions and any ongoing work on pension reform. I would make two other comments on that. Current bills that exist on pension reform in the House do not include the requirement to recertify the pension payment contributions. And if that remains the case, there would be no change to what we need to be making in the pension payments. Second point I would like to make on that, if there is something that happens and passes both Chambers and the Governor signs it, that -- it may be disputed. And that may end up having to get resolved through the courts. So I, in any event, believe it’s very appropriate and much more conservative approach to make this -- full pension payments now to ensure that we are not going to be in a position where we need to be borrowing to make our pension obligation -- or, make our -- meet our pension obligations.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
To the bill, Mr. President. Thank you, Senator, for your answer on that. This is, in recent history, a great opportunity to work across the aisle to do something that I think a lot of us have always said was a priority, and that’s fund our pensions with cash. Obviously, we had concerns about this. In -- in keeping with the new spirit of how we’re going to try and negotiate on the budget, we talked it through, and for purposes of our side of the aisle, I encourage a Yes vote. I think it’s 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 consistent with where we’ve been. I think it sends the right message that we’re going to keep our -- our promises and we’re going to fund our pension, and most importantly, we’re going to do it without borrowing. So, Senator, I commend you for your work on this. I look forward to continuing to work with you on this so that we end up ultimately with the right number when this is all said and done, but I encourage an Aye vote in the meantime.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Murphy. Senator Lauzen.
Thank you, Mr. President. Just to the bill: I think that we learned yesterday that when something isn’t soup it should not be passed. I know that there was inconsistency to applying that axiom, but certainly when something is off by ninety-five million dollars, nearly a hundred million dollars in the number, you don’t advance it forward. Number two, this is very incomplete budgeting. The idea that you would try to do your tax return or you try to budget in your business or you try to do a State budget by doing pieces -- putting in place pieces before you have an idea of what the whole -- the totality looks like makes no financial budgeting sense. Number three, to fund this in this manner is to fund a bankruptcy, under at least two definitions of bankruptcies, that the liabilities are more than the assets by a lot, you know, a hundred billion dollars’ unfunded liability under some pretty unrealistically optimistic assumptions. And under repayment that seventy-six billion dollars, if you put -- if you try to pay that back over thirty years, twelve months during a year, at no interest rate, it 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 costs each month approximately two hundred and twenty-five million dollars. We -- you -- everybody in this Chamber knows we don’t have that. And so the plan is bankrupt. Which one of us would invest our own money into a bankruptcy? For instance, like a Blockbuster. Would you put money into a Blockbuster investment now, or would you wait until after the bankruptcy restructuring and then invest in the solution, as opposed to investing in the failure? Finally, the fourth area is that there is no reform in this. Now, we’ve already bitten on the one that, well, we can increase the taxes and then we’re going to get budget cuts. And you know darn well that it is like pulling hen’s teeth to get any kind of cuts as this -- as the spending continues to increase. I say that you have to put the reforms in place before you give more money. It’s the thing that bankers would do. It’s what our taxpayers and citizens would expect us to do, to do proper funding of the pensions in a responsible manner. So, for those reasons, I -- I suggest a No vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further -- further discussion? Senator McCarter. SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator McCarter. SENATOR McCARTER: Senator Steans, I -- I’m -- I’m encouraged by a number of things that I’m hearing. One, that we’re -- we’re not going to borrow to pay the pension payments. Two, that you’ve referred to possible reforms of the pension system in the future. Is 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 there a -- is there a bill number that I could look to that would explain the pension reform that you have for in the future? Because I -- I -- I know the one that I signed onto failed to make it to this Chamber. Can you give me -- which -- which bill number should I look to?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.
It’s House Bill 149. It’s Leader Cross’ bill in the House and the Speaker has informed him that he would be happy to call it at any time.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: To the bill: Thank you -- thank you, Senator, for that. And I think, you know, we just -- we need to be a little more exact when we make promises, and -- and I wasn’t questioning whether there, you know, was or was not a bill. I just think if we’re going to sit here and say we’re going to make a commitment to reform, let’s -- let’s talk about the actual bill that’s been put in writing. Obviously we had one in writing yesterday. There was not an alternative in writing. And so, I’m glad we’ve got that and I think this ought to be a practice in the future that we can -- if -- if we don’t like what’s on the table, let’s have something else to offer in writing in bill form. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Kotowski.
57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Thank you, Mr. President. To the bill: Just want to applaud the sponsor, Senator Steans, on her -- on her solid work on this. And I think what’s very clear about today is that this is a message that we’re no longer going to kick the can down the road. It’s going to allow us to keep a commitment that we made as Democrats this year that we’d fully fund our pension system and that borrowing is no longer going to be an option. We believe this is important, because it must be addressed now and moved off the negotiating table. These are, in fact, fixed costs and should not be jeopardized by end-of-Session gamesmanship. That’s why I’m voting today to fully fund the pension payments, so we can move on to a thorough review of the rest of the State budget. This vote is nearly fifteen years in the making. As Senator Dillard and others often remind us, rightly so, it was back in 1995 that the General Assembly said the abuse of pension budgets needed to end. It needs to end now. Unfortunately, it’s taken until now to finally have the backbone to make a full payment, which we are doing now. This legislation is a key step forward in restoring the financial health to the pension system and the overall budget. Let’s learn from the mistakes of the past - mistakes on both sides of the aisle - and let’s keep our promises. Let’s vote for this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there further discussion? Seeing none, Senator Steans, to close.
Thank you very much, Members of the Senate. I am heartened to hear that Senator Murphy is encouraging an Aye vote. I had 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 been somewhat surprised when, in committee, they had not. Very pleased that we’ve been able to talk since and get agreement, which I would have thought we had, to -- that we do, in fact, need to make it priority number one - no more borrowing to make our pension payments. Passing this bill and ones that will be following here ensure that we will not be doing that. Look forward to that spirit of cooperation moving forward and getting to the rest of our budget as well. Thank you very much for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall House Bill 116 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 53 voting Aye, 5 voting Nay, 1 voting Present. House Bill 116, having received the constitutional majority, is declared passed. Continuing on the Calendar, House Bill 117. Senator Steans. Madam Secretary, please read the bill.
House Bill 117. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.
Thank you, Mr. President, Members of the Senate. House Bill 117 appropriates Fiscal Year ‘12 debt service on bonds that are issued for capital projects, pension contributions, and other special purposes. We’ll be doing -- going back and doing 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 another Senate bill that also -- a trailer bill to this that includes debt service payments for one other item that had been missed from -- when the House bill -- put this bill together. So we’ll be passing that one a little bit later this morning. Yet again, this is following consistently with our approach this year to making sure we aren’t gimmicky. We’re not doing -- we’re making all the full payments we need to. Only after we pass these bills today, then we know what revenue is available yet to really fund State operations, and that’s what we’ll be turning to when we return from the break. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Murphy.
To the bill, Mr. President. Appreciate the trailer bill to correct the issue that was identified, so that we have the correct number. There’s no question, we have to make our bond payments. I think this is a cautionary tale, though, going forward. Take a look at how much money we don’t have for Fiscal Year ’12 ‘cause of this payment. The next time we think about borrowing, think about what you could have used the money you’re about to give back to bondholders - the bond houses - think about what you could have done with the money that was in here and recoil from the idea of making the problem even worse in future years. I commend the sponsor for her work on this. I encourage an Aye vote. But let’s all use this as that cautionary tale to get off borrowing finally once and for all.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Trotter.
60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Thank you very much, Mr. President. To the bill: I -- I just want to thank all of the parties who voted for the last bill. It should have been all green lights, ‘cause I believe that we are proving day by day that we’re serious about changing how we do business here in the State of Illinois. We have listened, we have heard, and now we’re acting on what the people have asked us to do and -- and, more specifically, what the other side of the aisle has asked us to do. You know, in your Fiscal Facing {sic} (Facing Fiscal) Reality, you said we -- on page 3, you said we must stop borrowing. We heard you. We read it. We’re acting. We also said on page 8, we have to back it up with votes. We have an opportunity to show the people in the State of Illinois that we’re not going to continue down the road to nowhere, to decimation. We’re going to make this one of the most viable states in the country. We need your help. We need your vote. Senator Steans, thank you so very much for all the hard work you do. Senator Kotowski. Senator Murphy. And -- and all the rest of us. Let’s do the right thing. Let’s put all green lights on this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Trotter. Further discussion? Senator Lauzen.
Just a -- just a comment. And -- and I certainly respect the opinions that are expressed by every person, every Member on the Floor here. We talk reform and we talk spending cuts. We even have a Governor who says that he’s cut the budget three billion dollars when the information he sends to the New York bankers is that he’s increased spending by 1.3 billion dollars. 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 That is a 4.3-billion-dollar error, and you’re either telling the truth to the taxpayers in the State of Illinois or the truth to the New York bankers. You cannot be that far off and not being -- fibbin’ to somebody. To -- to announce victory -- to announce victory in the third inning of a ball game on April 15th, tax day, either in a Sox game or in a Cubs game or in any kind of game, to call victory - “We’ve done such a great job. Here we are in the third inning and we’ve won the game.” - I think that that is really foolish. But, a little reality check on this - I think that, again, proper budgeting says that you put all the stuff on the table and you analyze the pieces in their relationship to the whole. I suggest a No vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator Steans, do you wish to close? Senator Steans.
I find it somewhat perplexing that we would ever want to not appropriate money to be making our bond payments. I would highly encourage an Aye vote for this. Clearly, the first priority from revenues that we generate in the State is to make sure we’re making our debt service payments. We must do this. We must make our pension payments. This is totally setting a new way for us to go about budgeting and I very much encourage an Aye vote. Thank you very much.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall House Bill 117 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, 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 there are 56 voting Aye, 3 voting Nay, 0 voting Present. House Bill 117, having received the required constitutional majority, is declared passed. House Bill 132. Senator Steans. Out of the record. House Bill 3639. Senator Steans. Madam Secretary, please read the bill.
House Bill 3639. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.
First, I want to note that we -- we did not call House Bill -- the previous House bill, 132, because, as so noted in Appropriations Committee when we discussed this bill, we might, in fact, be able to get some savings on our group health insurance. That’s the bill that’s going to appropriate funding for group health. Agree that we could achieve savings there; we should wait to complete our discussions of that and what we should appropriate fully for that or not when we look at the overall budget - why we did not call that. House Bill 3639 is now making the Fiscal Year ‘12 certified contribution of 2.406 billion dollars to the Teacher {sic} (Teachers’) Retirement System. Again, it’s ensuring that we no longer borrow to make our pension payments, but we, in fact, use our cash first and foremost to make sure we make our -- our required contributions. Thank you very much.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Murphy. 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Thank you, Mr. President. To the bill: This is the second of, I believe, three pension bills that we’ll be voting on. It’s the exact same principle and concept as the first bill. I encourage an Aye vote on this and the -- the next bill for the very same reasons as I did the first bill: We need to make our pension payment; we need to do it without borrowing. So I encourage and Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Seeing none, the question is, shall House Bill 3639 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 Secretary, take the record. On that question, there are 52 voting Aye, 4 voting Nay, 1 voting Present. House Bill 3639, having received the required constitutional majority, is declared passed. At the bottom of page 57 is House Bill 3697. Senator Steans. Madam Secretary, please read the bill.
House Bill 3697. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.
As Senator Murphy mentioned, this is the third of the pension appropriation bills. This bill makes the Fiscal Year ‘12 certified pension contributions of 899.5 million to the State Employees’ Retirement System, 63.6 million to the Judges’ 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Retirement System, and 10.5 million to the General Assembly. With the passage of this one as well, we will complete -- have appropriated full pension payments for all of our pension systems. Thank you very much.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 3697 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 53 voting Aye, 4 voting Nay, 1 voting Present. House Bill 3697, having received the required constitutional majority, is declared passed. With leave of the Body, we will turn to page 56 on the printed Calendar, Senate Bills 3rd Reading, and Senate Bill 2357. Senator Steans. Senator Steans seeks leave of the Body to return Senate Bill 2357 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2357. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans, to present your amendment.
The -- the Floor amendment deletes all, becomes the bill. I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay -- opposed, Nay. The 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2357. Madam Secretary, please read the bill.
Senate Bill 2357. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.
This amendment is -- provides an additional 64.7 million for the interest on the general obligation bonds that had not been included in the House bill we just passed to make the debt service payments. I’d encourage an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Murphy, for what purpose do you rise?
To the bill, Mr. President. This corrects an issue that was identified early on. And appreciate the prompt trailer bill to address the issue so we have this accurate going forward. Given this, I encourage an Aye vote so that we are actually making the complete debt service payment.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Further discussion? Seeing none, the 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 question is, shall Senate Bill 2357 pass. All those in -- in -- all those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 voting Aye, 4 voting Nay, 0 voting Present. Senate Bill 2357, having received the required constitutional majority, is declared passed. With leave of the Body, we will skip down to Senate Bill 2378. Senator Steans. Senator Steans seeks leave of the Body to return Senate Bill 2378 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2378. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans, on the amendment.
The amendment deletes all, becomes the bill. I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2378. Madam Secretary, please read the bill. 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Senate Bill 2378. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.
Yes, this bill appropriates an additional fifty-eight million General Revenue Fund to the State Employees’ Retirement System. Now, with the passage of this bill, we will have appropriated full pension payments for Fiscal Year ‘12. You know, I would just note that our alternatives have been to borrow, have been to take a pension holiday, like Governor Christie did in New Jersey, or to make our full pension payments. With this, we will assure that we make our full pension payments. I encourage an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Murphy.
To the bill, Mr. President. This -- this corrects an error that was in the original House bill. Again, I appreciate the prompt trailer so that we have the accurate number, can make the full pension payment without borrowing. In light of the above, I encourage an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2378 pass. All those in -- in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 voting Aye, 5 voting Nay, 1 voting Present. Senate Bill 2378, having received the required constitutional majority, is declared passed. President Cullerton, for what purpose do you rise?
Purposes of an announcement.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your announcement.
Yes, thank you, Mr. President, Members of the Senate. We have now completed the first two steps of our budget process. The first was to establish our revenue number based on the COGFA estimate, the bipartisan commission’s estimate. So that is our foundation to begin the appropriation process. So, secondly, with our action today, we have sent to the Governor the full pension payment. So we’ve prioritized the payment, said it’s not negotiable. We aren’t going to borrow for pensions and we aren’t going to take a pension holiday. So, this is very simple. To date, we have estimated General Revenue Fund revenues at 34.3 billion and we have appropriated 7.8 billion for pensions and debt service. That means we have yet to appropriate 26.5 billion left to operate State government. So I now would like to -- I would now like to ask the House Members to please leave the Floor of the Senate. Maybe? So, here’s what we’re going to do the next steps in our process: The first week of May, we will spend a large portion of our time on the Floor amending the Governor’s appropriation bills. So we’re going to… 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Excuse me, -- President Cullerton. Excuse me just one minute. Ladies and Gentlemen - Ladies and Gentlemen - if we could have your attention, we need to lower the noise level in the Chambers. Thank you very much.
Thank you Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Would the House Members -- the President has requested House Members to, at -- at the minimum, step to the back of the Chamber.
I just wanted to outline the next steps in our…
PRESIDING OFFICER: (SENATOR SULLIVAN) President Cullerton.
…appropriation process. Thank you. The first week of May, we’ll spend a large portion of our time on the Floor amending the Governor’s appropriation bills. And we’re going to handle things a little differently than we have in the past with the goal of producing a much better budget product. During the week of May 3rd, the Appropriations committees will consider amendments to the appropriation bills that are on 3rd Reading. These bills represent the Governor’s introduced budget for agencies in State government. I think there’s about forty bills. This is an important point. So we’re not going to have this year an omnibus single up or down vote on the budget. You may recall that all of us have complained in the past about a budget being negotiated in the middle of the night and dumped on 70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 our desk the last day with very little time to read it. We’re going to have a much more open and transparent process. So we will go meticulously through the amending process for each of the agency budgets on 3rd Reading as the Governor introduced them. And so, knowing that we have limited resources, we will have to cut significantly from the Fiscal Year ‘12 introduced budget that the Governor made, because it’s not balanced. I suspect that this process will be difficult. So I would urge my colleagues on the other side of the aisle to draft amendments and file those amendments that represent their proposals in the document that they released a few weeks ago. So this is important. So, don’t go to the Blue Room, go to the Legislative Reference Bureau, get your amendments, go down here right next to Secretary Rock, or if you want to give ‘em to Scott Kaiser, give him the amendments, and then we will have these amendments debated so they’ll -- any amendments that are filed to reduce an agency’s budget will be referred to the Appropriation Committee for consideration. Following committee hearings, we’ll return to the Senate Floor, we’ll debate the amendments and take full votes. So I hope through this process that we will produce a budget that lives within our means, reduces spending one agency at a time. So, this is not a piecemeal approach. This is a full, complete, step-by-step, careful way to appropriate our budget. I’m asking Members to make preparations for the week. We will most likely be working into the evening on budget matters the first week we’re back. Thank you very much.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, President Cullerton. Leader Radogno, for what purpose do you rise? 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Thank you. Just a point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
I do appreciate the invitation and, in fact, the -- the idea that we’re focusing on cutting. That is exactly what we need to do. There is no other way out of the situation that we’re in. We’ve already had the seven-billion-dollar tax increase. We still need to cut. We agree that we need to fund those basic things, the pensions. We’ve done that. We agree with it. But we will not participate in a piecemeal process, and with all due respect, I do think this is a piecemeal process. What we need to do is, rather than up or down votes on individual cuts, is sit in a room and we have our appropriators, who are willing to meet over the break, to really come up with some agreements. If we decide that the cuts that, you know, are finally put on the board, up or down, are not sufficient, we will not vote on them one by one. We will not vote on that. We understand that the House is going to be sending some bills that possibly have larger cuts and we would certainly reserve our right to vote on those instead of what we consider to be piecemeal inadequate cuts in this Chamber. But I think we’ve got a couple weeks to try to move forward and work together, but we need to be talking about the whole financial plan for the State going forward. And that’s the process we want to engage in. We offered a lot of ideas, but we need to have discussion. Up or down votes on individual things is really not terribly productive, in my view. We need to have a sit-down and it would 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 really be nice if the Governor actually participated in the process and we had meetings with the Leaders to try to figure out the direction. So I think we do have a good start and hopefully we’ll maximize that over the break. And we will see you back here in a couple weeks.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Lauzen, for what purpose do you rise?
A question for -- a question for the President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen, there is no bill being debated at the…
Okay, then personal privilege,
PRESIDING OFFICER: (SENATOR SULLIVAN) Point of personal privilege.
Okay.
PRESIDING OFFICER: (SENATOR SULLIVAN) State your point. Senator Lauzen.
Certainly, Mr. President, I -- I appreciate the promise of the meticulous work and the spending cuts. I would think that something that would be very useful in this process would be for there to be an overall plan, a framework that’s in place, where people could analyze the individual pieces that you’re saying that we will be voting on individually. I believe and I think that proper analysis is a proper consideration of a -- of any single thing as seen in its relation to the larger whole that it fits into as a part. I understand what the Minority Leader just 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 said about not voting on piecemeal. I think that we just voted piecemeal on four individual pieces - without cuts, without reform. So, I think that it serves all of our purposes in serving our constituents back home to have a framework. I believe that a framework that was put forward by the Minority Caucus even involved a five-year plan of where we’re going to net out after we make some of these. So -- but the least we should look at is of a total framework for one year, if not five years. Thank you very much, Mr. President. Mr. President. Minority Leader.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Lauzen. Senator Schoenberg, for what purpose do you rise?
Thank you, Mr. President. I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Thank you…
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.
Thank you, Mr. President. The -- I have to say that I find it somewhat unusual to be advancing the argument that - as we’ve heard earlier - that we should exclude the participation of -- and full opportunity of all the Members of the Chamber to have their voices heard, regardless of their perspective, point of view, or which side of the aisle they sit on. All too often in 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 the appropriations process - and I’ve been actively involved in it for a number of years in both Chambers - as President Cullerton said, it’s been a common source of frustration for Democrats and Republicans alike not to be able to have full participation of all the Members to have their ideas presented before the entire Body of some of what are arguably very difficult choices to be made. We heard some discussion earlier about needing to do this in the larger whole, needing to do it with greater budget integrity. And I just want to comment on that. I think there’s more -- I think there’s more commonality than perhaps we all recognize at this moment, because all of -- I will venture to say that all fifty-nine of us here agree that we do not -- just like we wanted to have a full pension payment made without borrowing, I think we are all in agreement in this larger framework that we do not wish to incorporate borrowing, do not wish to incorporate issuing debt into general operations for this budget. Those practices helped create the problem that we have -- currently have to confront. We don’t want to go there again this year. We don’t want to imbed a revolving line of credit into the general operating budget by issuing debt. So, we have a very broad framework to work from there. And then, finally, I just want to say that, similarly, we both -- we all recognize that Medicaid and pensions represent the largest spending areas and challenges that we have to confront. I think we’re probably all in agreement - to a person - that we do not want to outsource and let a third party, like a -- like a vendor that manages hedge funds, to pay the Medicaid bills and administer the Medicaid program. We don’t want to relinquish that. There’s an RFP out currently for the Illinois Finance 75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Authority to engage a vendor to recruit investors to pay the Medicaid receivables. My guess is, to a person, Democrat and Republican alike, we all don’t find that idea very tasteful. So we have more commonality, I think, than we all recognize at this moment. And I appreciate the opportunity to share these thoughts with you and applaud the Senate President for fully engaging all of us. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, we will be turning to page 4 of the printed Calendar, Senate Bills 3rd Reading, at the top -- second from the top of the page. We will be starting on Senate Bill 53. Page 4 of the Calendar. Senate Bill 53. Senate Bills 3rd Reading. Senator Silverstein. Out of the record. Senate Bill 59. Senator Silverstein. Out of the record. Senate Bill 64. Senator Silverstein. Madam Secretary -- Senator Silverstein -- Silverstein seeks leave of the Body to return -- to return Senate Bill 64 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 64. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein, to explain your amendment.
Thank you, Mr. President. This clarifies that the trier of fact may infer that a personally -- person falsely represents themselves to be a police officer or an employee or official or employee to the federal government if the person wears or 76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 displays without permission the uniform, badge or identification of that official which is lawfully distinguished.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any -- is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 64. Madam Secretary, please read the bill.
Senate Bill 64. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
Thank you, Mr. President. This expands the crime of -- false impersonation to include falsely representing oneself to be another person or representative of a person or organization with the intent to obtain or benefit or injure or defraud another. It expands the crime of false personation of an attorney, judicial officer, government officer, including wearing or displaying a uniform or identification of the public officer or employee.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 none, the question is, shall Senate Bill 64 pass. All in -- 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 64, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to Senate Bill -- to the top of page 4 and Senate Bill 43. We will turn to Senate Bill 43. Senator Garrett. Senator Garrett seeks leave of the Body to return Senate Bill 43 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 43. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett, to present your amendment.
Yes, can I do that on 3rd Reading? The amendment becomes the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 43. Madam Secretary, please read the bill.
Senate Bill 43. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
Yes, thank you very much, Mr. President. Senate Bill 43 creates the Taxation Disclosure Act and requires the Department of Revenue to make available on their website tax rate information on income, property, use and occupation, and excise taxes. This amendment is agreed language between the Illinois Policy Institute and the Department. This amendment allows the Department to utilize their current functionality through the existing tax rate finder to publish these tax rates and also require them to update the tax rate information annually. It will go into effect on January 2012. 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 43 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 43, having received the required constitutional majority, is declared passed. Moving down the page to Senate Bill 71. 79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Silverstein. Out of the record. Senate Bill 72. Senator Haine. Senator Haine seeks leave of the Body to -- to return Senate Bill 72 to -- to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 72. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, to present your amendment.
Mr. President, I wish to -- I move to table Amendment No. 1, please. I mean - I’m sorry - Amendment No. 2.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, do you wish to withdraw that amendment?
I wish to withdraw that amendment. Yes, sir.
PRESIDING OFFICER: (SENATOR SULLIVAN) So done. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, Senator Haine, Senate Bill 72. Do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 72. (Secretary reads title of bill) 80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a shell bill and I would ask the indulgence of the Chamber with this bill. We passed a bill last year in the - - in the late days and hours of the Session, which became Public Act 96-1523, which sets up an arbitration process in the ongoing controversy between the insurance and employer industry and our doctors and hospitals over out-of-provider -- out -- I’m sorry, out-of-network providers. These are doctors that are -- do not belong to networks that bill separately and higher than the networks. And this became an issue two years ago because the Director of Insurance - wisely, by the way - issued a -- a -- a directive to all the insurance carriers that they were to hold harmless any patient with no balance billing. So to make -- make this a short story, we are engaged in negotiations and the parties are getting very close to an agreement. It’s very difficult. I would ask that this move to the House to keep this process going. And I believe that we will have a bill come back.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Haine. Senator -- is there any discussion? Senator Brady, for what purpose do you rise?
Thank you, Mr. Speaker {sic}. Question of the sponsor and to -- to the…
PRESIDING OFFICER: (SENATOR SULLIVAN) 81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Indicates that he will yield. Senator Brady.
Just to reaffirm your commitment that this bill will be worked out amongst all parties or will not become the final legislation that solves this problem.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Yes, sir. If you’re referring to Floor Amendment No. 1, yes, that will not be the bill. And -- and the -- this -- this is important to work out between the parties.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Brady.
This is an issue that needs to be solved. I’m not referring to Floor Amendment 1. I am willing to encourage Members on this side of the aisle to support your legislation under the previous discussions we’ve had - that Senate Bill 72 would not advance out of this Chamber when it comes back amended unless it is an agreement reached amongst all the parties.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Yes. That’s -- that’s -- that’s -- that’s correct. With - - well, with -- with the -- I would like to have the insurance industry generally supportive of the bill. There may be one or two companies out of a half a dozen or eight or nine or ten that may have problems with it, but I don’t want a -- one carrier to have a veto. So -- but I’m going to do my level best to get the 82 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 insurance industry on board with the docs. Do you see what I’m saying, Senator?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Brady.
I do, Senator. And it’s not just the insurance industry. It’s -- it’s the business community, the people who pay the insurance. And, Senator, I believe that’s the same commitment we made. I don’t believe that’ll be the case. So, I would encourage Members on this side to trust that we will work this out. You and I will work together to reach a conclusion on this and hopefully be able to appease the people adversely affected by the legislation last Session. I would encourage an Aye vote, even though I don’t typically vote for shell bills.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there further discussion? Senator McCarter. SENATOR McCARTER: One question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates that he will yield. Senator McCarter. SENATOR McCARTER: Senator, I -- I want to give you credit for this phrase, ‘cause I think it originated with you. And I’ll only ask this question one time today. Is this soup yet?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Senator McCarter, this is a large and undercooked gumbo at the present time. 83 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, the question is, shall Senate Bill 72 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 45 voting Aye, 10 voting Nay, 0 voting Present. Senate Bill 72, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 73. Senator Haine. Madam Secretary, please read the bill.
Senate Bill 73. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
This bill simply allows the Department of Human Services to place an individual that’s charged with a misdemeanor offense in a less secure setting than a forensic unit. It’ll -- for example, at Alton, they have one side which is called the civil side, which -- which is less secure than the barbed wire and -- and the razor wire that’s in the forensic unit. These are people who’ve murdered people, that are criminally insane. So it opens up beds for the criminally insane that have committed violent crimes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 73 pass. All those in 84 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 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 73, having received the required constitutional majority, is declared passed. Continuing on the Calendar is Senate Bill 79. Senator Steans. Madam Secretary, please read the bill.
Senate Bill 79. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.
Thank you, Mr. President, Members of the Senate. When Senator Lightford had, a couple Sessions ago, passed the charter school reform bill, it had set up a task force to look at creating an independent authorizer for charter schools. That task force met for a year, developed a set of recommendations and then we turned those recommendations into this piece of legislation. This bill establishes sort of a quasi-independent commission to review appeals from local districts on creating charter schools. Its nine-member folks would oversee this board -- this new commission, and those members would be appointed by the State Board. The State Board of Education is also -- continues to have -- is vested authority to do the rulemaking for it. So, it’s very much connected with the Illinois State Board of Education and this new group now will, in fact, be able to review appeals of charter school applications. I would 85 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 appreciate support for this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill. SENATOR McCARTER: I just want to say that, Senator Steans, I appreciate the hard work you’ve done on this. I appreciate you, as well, involving me in the discussions as to my interests for charter schools. And I think this is a -- this is a good direction to go and this is going to give more opportunities for kids in this State. I encourage an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Lightford.
Thank you, Mr. President. To the bill: I’d just, too, like to acknowledge Senator Steans’ efforts in keeping this initiative moving forward. We did spend significant time negotiating this when we did do charter school reform. Senator Steans was in the midst of this. She now has the final product and I, too, urge its passage.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Raoul.
I -- I, too, want to rise in support of this bill. And I - - I appreciate you including Senator McCarter in this and -- and 86 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 making soup.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Any further discussion? Seeing none, the question is, shall Senate Bill 79 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 voting Aye, 0 voting Nay, 1 voting Present. Senate Bill 79, having received the required constitutional majority, is declared passed. Senate Bill 83. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate Bill 83 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 83. Madam Secretary, are there any committee -- or are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi, to present your amendment.
Thank you, Mr. President and Members of the Senate. This amendment makes a number of changes. Look forward to debating the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any questions? 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?
87 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 83. Madam Secretary, please read the bill.
Senate Bill 83. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Thank you, Mr. President and Members of the Senate. Senate Bill 83 will make two changes to current law. The first, it amends the Municipal Code to allow a water system owned by a water utility company that provides water to two or more municipalities to be acquired by a majority of the municipalities it serves by eminent domain so long as there is an intergovernmental agreement between those municipalities. Current law -- current law that was passed in 2006 allows for either or all of the municipalities serviced by the private utility company to move forward in an eminent domain action after an intergovernmental agreement. The municipalities acquiring the water system under this bill are required to offer available employee positions to the qualified employees of the acquired water system or utility company. The amendment also adds new language which requires any contractor or subcontractor that performs work on a water system to abide by Section 30-22 of the Illinois Procurement Code, related to responsible bidder requirements. We removed the language that relates to 88 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 collective bargaining and -- excuse me, that -- that relates to any collective bargaining units. There was a concern in committee. We removed that reference and we replaced it with responsible bidder language. Second thing that it does: It amends the Illinois Public Labor Relations Act to provide that where there has been a historical pattern of union representation at a water system that was previously owned by a water utility and now has been acquired by municipalities by eminent domain, that the Illinois Labor Relations Board shall recognize the labor organization that has represented these water system workers as the exclusive representative under the Public Labor Relations Act. Ladies and Gentlemen, this is a clarification of current law. We are not embarking on a new Section in either of these Codes. This is about local control. When there’s a situation where our residents and our constituents are not getting the service that they demand, and frankly deserve, then municipalities can move forward if you have five out of six in agreement, which we have in northern Will County. I’m willing to amend this bill in the House to make the threshold higher. I spoke with a number of my colleagues. The majority language will be changed to a higher threshold. This gives local control. This makes sure there’s accountability. This makes sure that there’s good exchange of information and documentation why these rates are increasing. And let me just end with this: Since 2003, the water rates in Homer Glen and Bolingbrook and Romeoville and Woodridge and in Plainfield and in Lemont -- in 2003, they saw a spike of forty- four percent; in 2008, another five percent; in 2009, twenty- nine percent; and in the last couple of years, six more percent 89 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 increase. The bottom line is, the people in my community have spoken, and they are also shared by people like Senator Kirk Dillard and Senators in this Chamber. They have spoken. They want their municipalities to take control of this water system and they want to see the accountability and the respect that they deserve. I ask for an Aye vote and I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Lauzen, for what purpose do you rise?
A question for the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Lauzen.
This -- this area sounds like it’s very complicated legislation, and not serving on that committee, some of us start at -- quite a bit behind the rest of the race, the pack here. Do I understand this bill roughly correctly that it deals with eminent domain?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Yes, Senator. The bill and current law deals with eminent domain.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.
And -- and did you say that perhaps the former law, 90 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 everyone who wanted to address that property, the property that you would be pulling out of the private sector, that maybe all the folks have to agree on it, and maybe this is a diminishment that maybe few do? Or fewer than before have to agree?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Yes, Senator. Under current law, the language -- the exact language is that “either or all of the municipalities” serviced by the water utility can move forward with an eminent domain action. So what that means, we think - it’s a bit vague - that if you have two municipalities serviced by the water utility, either one of them, one or the other or both, could move forward with an eminent domain action and acquire the assets of the public -- of the private -- private water company. Under this bill -- under this bill, we are lowering that threshold from either or all on the “all” side; we are lowering it to a majority of, because, again, if you have one of two, you can move forward. If -- under this bill, you need to have four or five out of six, for example. And let’s use the example that’s in my district. There are six municipalities serviced by the water system. Five of the six want to move forward with an eminent domain action via intergovernmental agreement. This would lower the threshold to a majority of. But, again, in the House, I’m willing to increase that threshold to somewhere in the neighborhood of eighty percent. If -- I hope that answers your question.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen. 91 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
It does. Thank you very much to the sponsor. To the bill: I certainly understand the frustration of any of our constituents when they see water rates going through the roof and the idea of, well, we got to do something about this. I fear that a -- what some folks would consider a confiscation of private property, at best what’s going to happen in this circumstance is that the aggrieved parties -- the next thing would be certainly a lawsuit. So, eminent domain, the confiscation of private property, I -- I just think this is a -- a dangerous area. Caution. I -- I’m sorry. I know -- this is complicated enough that it -- it really does deserve, on at least my part, more than the few moments that we’ll have here to -- in order to vote Yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Luechtefeld.
Thank you -- thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Luechtefeld.
Senator, when I looked at the analysis here on the computer and also just listened, you’re basically saying that -- would this be -- that -- that a city or cities can -- can actually take a -- a private company’s facilities and own them themselves with eminent domain? And -- do -- do for -- does this water company own the lines in each of those cities? Did they install those lines or did the city do that? Who owns the -- the water 92 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 lines into the -- into the city, into the homes?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
It’s my understanding there’s two pieces to this infrastructure. There’s a thirty-mile pipe. That is owned by Illinois American Water. And then there’s a distribution system with buffalo boxes, and, quite frankly, I don’t understand all the details of how our water distribution system works, but it’s my understanding that they own -- Illinois American Water owns that thirty-mile pipe and the distribution system until it gets on to private property and going into homes and businesses. And let me be clear, this isn’t just residents paying for water. Our businesses, our schools, our hospitals, everyone that uses water are paying these rates to this private utility company.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
Senator, I understand that, but if you followed through with this bill, would, for instance, Ameren or ComEd that has its -- its lines into a city, supplies the city with power and owns the lines, would we be able to do that to them, too?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
No. The way we’ve crafted this, Senator Luechtefeld, is that this would only apply to water systems. This would not apply to electrical systems or any other systems. This is a water utility bill only. 93 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
Senator, then with another bill like yours, am I -- if we follow through with this, am I right that if we -- we simply said let’s do that to the power companies, could we do that? If we simply had a different bill and we would designate in that bill that we’re going to do it to -- to the power companies?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
I’m being told, and I -- I’m sure this is correct, that in order to do that for -- on the electrical side, you would need approval from the ICC. So, again -- but I don’t want to get us distracted, Senator; this is not the scenario that you just outlined. This is a very narrow bill, very narrow and very specific, dealing only with water utilities, not any other utilities - phone, cable, electric, nothing else.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
You know, I -- I may be -- may be wrong, but it -- do we really want to go in that direction? Do we want to go down that line where we’re doing this to private companies? I -- I really have some questions about the bill. And I understand what you’re trying to do to help your communities, all that sort of stuff, and -- and in the -- in the long run, hope to lower water rates. But, you know, maybe I could decide that we could lower electric rates if we did the same thing. And -- and I -- I’m 94 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 not real sure we want to go down that road and -- and follow that practice. It certainly is a -- a precedent, I think, that is a little scary. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Righter.
Senator Wilhelmi, I want to follow up to some extent on some of the questions you’ve been asked. But first, one of the things I noted in your opening was the notion of price inflation, that what was driving this issue were the annual and significant costs every year -- increases in the cost of the water. Is that correct? Is that -- would you consider that to be the primary driver of this?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
There are a number of factors, Senator Righter, but I would certainly put that -- that item at the top of the list.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Now, Senator, it’s my understanding, also from your description here today, that American Water, at least as it’s constituted in this area, is a delivery and distribution 95 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 company. It’s not a supplier of the water. Is that -- is that accurate?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
This water - as you probably know by now after your discussions - this water comes from Lake Michigan. And it arrives about thirty miles, I guess, northeast of Lemont. A thirty-mile pipe starts northeast of Lemont and it comes down into Lemont and that’s where the distribution system moves into towns like Plainfield, Homer Glen, Lemont, Bolingbrook, Romeoville and Plainfield. So, they are a distribution company. That is correct.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
But, Senator, considering the fact that the -- a clear majority of the cost that the residents in these areas pay is driven by the cost of the water, explain to me how you’re going to reduce that price -- how you’re going to reduce that price if the assets that would eventually be taken over by these -- by the water authority don’t have anything to do with the -- the supply of the water. In other words -- and you’ve got a provision in here that basically protects wages and benefits that you described earlier. So, I mean, you’re not going to be able to cut costs there. How would the water authority reduce prices if you’re not in control of the cost of the water and you, for the most part, are going to leave the wages and benefits package alone? 96 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Two points: Number one, we’re talking about infrastructure that is -- is older, is decrepit, is in need of maintenance. And when Illinois American Water came in and took over this infrastructure, they are basically catching up on old and decrepit infrastructure. That is number one. Number two, the fact of the matter is, there are a few line items that end up on a -- on a water bill. One of those line items is O&M, operations and maintenance. That is a driver of the cost. And number three, to your general point, I think it’s important to know that in addition to the rate, what I said earlier is that there has been a reluctance to disclose and share information by the company to the residents by way of their -- their local representatives. There has been a reluctance to make sure that there are repairs and maintenance done in a timely manner. There has been a breakdown in communication between the company and the people that the company is there for, to get them their water. And the fact is, is if the municipalities take over the system, I’m -- I’ve been assured - and we all have mayors and village board members and aldermen and women in our districts - that if the responder to the concern is a mayor or an alderman or a trustee or a councilman, that response will be forthcoming. To this point in time in the history of this situation, there has been a breakdown in communication, a lack of -- of good public relations, a lack of divulgence of information that I believe all of our residents are entitled to. And that’s -- in addition to the rate, that’s why we’re here today and talking 97 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 about this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Thank you -- thank you, Mr. President. One last area of inquiry, Senator Wilhelmi. The -- the municipalities in the water authority are going to be given an equal vote, basically, as I understand this process. I mean, they have to sign on. They each get one vote. But it’s my understanding also that the number of users of American Water’s delivery systems are dramatically different from one municipality to the other; that Bolingbrook and Plainfield have near all or all of their residents connected to American Water, where for Romeoville and Lemont and Woodridge, it’s a very select few. Is that accurate?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
It is accurate as it relates to Romeoville, and I believe that the two that you mentioned are the primary users.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
And -- and I’ll finish with this question. Thank you for your indulgence, Mr. President. My question simply is this - and it’s -- and it’s not about those communities; it’s about this process - explain to me why you think it’s appropriate to give an equal vote to a community that may have five or ten users only hooked up to this system, as opposed to one that has all of its citizens hooked up to the user. Thank you, Senator. 98 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Wilhelmi.
Senator Righter, that -- that is a good question. And I think it cuts both ways. You could have six communities, where one community has ninety percent of the users and the other five have the other ten percent that could just run roughshod over all of the residents. We don’t want that. And on the flip side, you could have one or you could have a situation where you have five of the six communities that are going to move forward that only represent maybe sixty percent of the users. And I understand that as well. This, I think -- by raising the threshold, by raising the threshold from fifty plus one to something in the neighborhood of eighty percent, I think we address that concern. I think we address that issue. And I’m - - I’m happy to work on that in the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator John O. Jones, for what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill. Senator Jones.
Senator Wilhelmi, I -- I -- I think you’re accurate in saying that this is a very narrow bill at this point in time. But -- but what I’m fearful of is that when you pass this piece of legislation, there will be other situations in this State. 99 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 They’re going to be coming to the General Assembly saying, hey, we want to do the same thing that -- that Senator Wilhelmi just did on this water district. The other thing that I’m really fearful of is -- is we’re -- we’re setting a precedence here that, you know, a company like American Water, why in the world would they ever want to do this again and build a water line to service people in this State and -- and be out the expense of buying the pipe, getting the right-of-ways, putting in the line, all that expense of -- of putting that water line in place and then have the General Assembly come along and say, oh, by the way, we’re going to do eminent domain on you. So, you know, I - - I rise in opposition to your bill. And -- and I would hope that everybody would understand this. And, Mr. President, if this receives the -- the required number of votes, I would ask for a verification. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further -- further discussion? Senator Cultra.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
It -- here we have a private company that we have to change the law so that it can be taken over by a municipality with the premise that their water rates are too high. But, yet, have you ever known when a private company can do things worse than what we do as a government? Do you really expect to have any savings by having a municipality running it rather than a private company? You’re using the same help that’s in the bill with -- 100 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 with no diminishment in wages. This -- this seems like, to me, it’s -- the only way that you’re going to be able to lower the rates is -- is divert the real cost of the water onto the taxpayers in a different way. I think when -- when you start taking people’s property, we should really take a look at this. That’s a sacred right in this country, is to own property. And to have government use eminent domain and come in and change the law just so they can take this property, I -- I would urge a No vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Dillard, for what purpose do you rise?
Thank you, Mr. President. I rise in support of the legislation, realizing that this is not perfect and I am very uncomfortable with the eminent domain idea that is behind this bill. But Senator Wilhelmi and I have seen this company and it is a company that is very, very difficult to deal with. Romeoville and Bolingbrook and Plainfield are not only three of the fastest-growing communities in Illinois, but also on all national surveys. And this is a major issue. It is a major service issue for the constituents that live there. I’m not sure the Legislature is the place to solve this problem and I know that Senator Radogno is going to offer her assistance as our Leader to get more involved in these negotiations. But I do think we need to keep the heat and the pressure on this company. Their service is abysmal. They have complaints not only with respect to cost, which Senator Wilhelmi has outlined, but service issues, including the quality of clean water that has 101 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 come in there. So, this is something that I know that A. J. has worked on long and hard and I do think we need to continue to keep this issue out there, although I do have reservations about just the bill’s content and whether even the Legislature is the proper place to settle this. But I think we’ve got time here. We ought to move this bill out of here today and let the discussions continue. But these are three of the fastest- growing areas in the country. Water service is crucial to these residents and the cost -- the increases have just been exorbitant. And if it was happening in any of your other areas of the State, the Senator from that particular area would be up screaming bloody murder as well. But I urge an Aye vote for now. This bill’s coming back here. This is not the final work product and we need to keep - those of us who represent that area - need to keep these discussions alive. And this is a company who’s going to run for the hills unless we keep the pressure on ‘em, and that’s why I urge an Aye vote today. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Schmidt, for what purpose do you rise?
Thank you, Mr. President. To the -- to the bill. I’m used to “to the question” from the county board.
PRESIDING OFFICER: (SENATOR SULLIVAN) I’m sorry. Did you want a question or was it to the bill?
To the bill. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) 102 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 To the bill. Senator Schmidt.
And I’m sitting here listening to everyone, and I just wanted to give a -- just a little bit of information on why I am supporting this bill. Many of us that live in a more developed area, we consider water the gold of the future. I just received an e-mail yesterday, where a private water company that was put into effect in Lake County by a special service area about two years ago is upping their rates by three hundred percent this year. So many of us are being kind of held hostage when it comes to water, and while none of us wants to, you know, get on the bandwagon with the eminent domain or we want to see any companies being taken over or their lines being taken over, those lines were paid for probably by users - user fees. So I think the important thing to remember here is our job is to help give people safe potable water at a -- at a fee that people can -- can afford. So when I saw the three hundred percent rate increase come to a community in -- in my county, in the unincorporated area, it kind of solidified this even more for me and I will be supporting the bill. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Further discussion? Senator Garrett, for what purpose do you rise?
To the -- to the bill: I, too, stand up in support of this bill, and it was when Senator Dillard said if other Senators had these types of problems in their district, they would stand up and scream bloody murder. I’m standing up to scream bloody murder. I have had several hearings on this particular company, 103 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 because in my district, in unincorporated area, these water users, these families, saw their water bills escalate on a monthly basis. The service is outrageously terrible and they had nowhere to go. We actually worked with them and the Attorney General’s Office, because we -- they’re -- they’re unregulated, they do their own thing, they’re owned by a -- they’re a big company, and they would run roughshod over the water users. So, I -- this may not be a perfect bill, but it’s the best way to proceed right now.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Garrett. Further discussion? Senator Holmes, for what purpose do you rise?
Thank you, Mr. President. To the bill: Obviously, along with Senator Wilhelmi, I represent a good portion of Will County, so I’m pretty familiar with this situation. And -- and the one community in the group that is not a part of this is the Plainfield area, because they have managed to get a contract that was somewhat favorable and -- and they did not want to be a part of this. And it seems unfair to be punishing the other communities because Plainfield did not want to be a part of this. I have spoken with my Plainfield Mayor and he has absolutely no objections to me supporting this bill, so it does not have a negative effect on Plainfield and it is something that these communities definitely need. So, I rise in support of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Holmes. Our last speaker seeking recognition is Leader Radogno. For what purpose do you rise? 104 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Thank you, Mr. President. Well, you all may be witnessing political suicide here. I represent three of the communities that are involved, of the six. So I have Lemont, Homer Glen, which receives all of its water from Illinois American Water, and Woodridge. So half of these communities are mine. I do believe that they’ve had a bad experience with Illinois American Water. There is no question about that. Interestingly though, as you just heard Senator Holmes refer to, Plainfield, which also is a large user, was able to work things out with Illinois American Water. I agree with all the speakers. This is not a perfect bill. We should not be using eminent domain as a punitive measure. One community has worked things out. I spoke with Senator Wilhelmi earlier and suggested that he and I, which we have not done yet, sit down with Illinois American Water and the communities that are affected and see if we can’t force an agreement, much like Plainfield was able to do, without coming in and threatening eminent domain. This is a complicated issue. I am not at all sure this is going to save water -- bring water costs down at the end of the day. The cost of water is an easily politicized issue. And we don’t do anybody any favors by jumping on that bandwagon and making it even more political. I think that we ought to, if -- if it were possible, extend the deadline on this bill. We have two weeks and I would be more than willing to sit down with Senator Wilhelmi, with the communities involved, and try to work something out. Failing that, if they, in fact, are unwilling to move, I guess we could come back at it. But this is not the place to try to resolve something like this. And the precedent that it sets up, the 105 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 casual use of eminent domain, ‘cause we want to use it as a hammer, is just wrong. We ought to get an extended deadline. I would ask Senator Wilhelmi to take it out of the record. I know he’s getting a lot of pressure from -- from one of his mayors, but I’m getting a lot of pressure from three of mine. And sometimes we have to do more than just respond to the politically popular issue of the day and really try to dig in and solve the problem. So, even though this is going to be possibly a problem for me politically, I’m going to vote No, because we ought to do the right thing. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Leader Radogno. Senator Wilhelmi, to close.
Thank you, Mr. President. First of -- of all, let me just thank all of my colleagues who spoke on this issue today and who I’ve talked to in the last several weeks. This is a difficult issue - make no mistake about it. It’s a difficult issue. And sometimes we have to take on these difficult issues when our constituents are in harm’s way, and when our constituents aren’t being treated fairly, and when our constituents reach out and say, “You know what? There is a place for the Legislature to take action, when there’s no other recourse.” And the fact of the matter is, this debate isn’t happening for the first time today. This debate happened in 2006 when Senator Crotty had a bill that would allow eminent domain as an alternative, as an option, as one way to resolve the problem. And that’s what we’re doing here today. We’re -- we’re tweaking current law. We are tweaking current law that says instead of requiring a hundred percent of all the communities, if you have more than 106 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 two, we’re going to require a supermajority - and I want to thank Leader Radogno for that suggestion - a supermajority, so that you have more than eighty percent of the -- the towns involved signing onto that intergovernmental agreement and saying let’s move forward with eminent domain, only in rare and unique circumstances when there’s a lack of accountability, when there is a sign and evidence of rates that are extreme and unreasonable, where you have poor service, as Senator Dillard said. Only then should municipalities move forward and, frankly, none of us in this Chamber have heard from our municipalities before now saying that we want to be able to move in this direction. There are situations where we need to step up to the plate and we need to act on behalf of our constituents. We’re not talking about five or ten thousand. We’re talking about nearly two hundred thousand constituents, not only of mine, but of Senator Radogno and Senator Holmes and Senator Dillard. This is appropriate, though difficult. And that’s why we should move forward. It’s permissive. It requires mayors and their village boards to come together and pass an ordinance. It requires an intergovernmental agreement. It requires fair treatment of current workers for the private water utility company. And it’s the right thing to do at this time. Let’s continue the discussions. I welcome the invitation to sit down with all the municipalities, with the water utility company. Maybe we can work something out. But as Senator Dillard said, let’s get to the House -- let’s get this issue to the House, let’s continue the discussions, but let’s not take the pressure off. It needs to be there. This is a good place to put a green vote on the board. I ask for your support. 107 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Wilhelmi. The question is, shall Senate Bill 83 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 34 voting Aye, 21 voting Nay, 0 voting Present. Senate Bill 83, having received the required constitutional majority, is declared passed. Senator Jones has requested a verification. Will all Members please be at their seats? The Secretary will read the affirmative votes.
The following Members have voted in the affirmative: Althoff, Jacqueline Collins, Crotty, Delgado, Dillard, Forby, Garrett, Harmon, Holmes, Hunter, Hutchinson, Jacobs, Tom Johnson, Emil Jones, Koehler, Kotowski, Landek, Lightford, Martinez, Meeks, Mulroe, Noland, Pankau, Raoul, Sandack, Sandoval, Schmidt, Schoenberg, Silverstein, Steans, Sullivan, Trotter, Wilhelmi and Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jones, do you question the presence of any Members voting in the affirmative? Senator Jones.
Mr. President, I appreciate your indulgence here on a Friday when everybody wants to go home, but I got through the list a little faster than the Secretary of the Senate, so I withdraw that.
PRESIDING OFFICER: (SENATOR SULLIVAN) On a verified roll call, there are 34 voting Aye, 21 voting Nay, 0 voting Present. Having received the required 108 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 constitutional majority, Senate Bill 83 is declared passed. Continuing on the Calendar, on page 4 is Senate Bill 91. Senator Althoff. Madam Secretary, please read the bill.
Senate Bill 91. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff.
Thank you very much, Mr. President. Senate Bill 91 deals with water, but not water companies. What it does, it amends the Fox Waterway Agency Act to codify the intent, the past practice and the Attorney General’s opinion that all streams, bayous, sloughs, backwaters, and channels are part of the Fox River Recreational Waterway. It provides that all waters within the waterway are open to the public for navigation and fishing. And this Body needs to know that whether classified as waters of the State or public waters, the public has a right to access all of these waters within the State of Illinois. 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 91 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 91, having received the required constitutional majority, 109 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 is declared passed. Senate Bill 92. Senator Koehler. Senator Koehler seeks leave of the Body to return Senate Bill 92 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 92. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler, to present your amendment.
Thank you, Mr. President. Members of the Senate, the amendment simply is an agreed-upon -- how to evaluate property with the Illinois Association of Realtors, and I’ll talk to the bill on 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 92. Madam Secretary, please read the bill.
Senate Bill 92. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) 110 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Koehler.
Yes, thank you, Mr. President, Members of the Senate. Senate Bill 92 allows joint regional planning commissions to acquire real property by purchase, gift, or legacy. It allows such commissions to both hold real property for purposes of the joint regional planning commission and to sell and convey that property. This was brought to me by Tri-County Regional Planning Commission, and I’d ask for your Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 92 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 Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 92, having received the required constitutional majority, is declared passed. Senate Bill 98. Senator -- Leader Radogno. Madam Secretary, please read the bill.
Senate Bill 98. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Radogno.
Thank you, Mr. President. This bill simply allows residents of federally funded nurse -- veterans’ homes to vote 111 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 at the facility, as is currently allowed for residents of State- funded veterans’ homes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 98 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? Would somebody please vote the Presiding Officer? Madam Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 98, having received the required constitutional majority, is declared passed. Senate Bill 102. Senator Link. Senator Terry Link. Out of the record. Senate Bill 103. Senator Lightford. Senate Bill 103. Out of the record. Senate Bill 106. Senator Kotowski. Senator Kotowski seeks leave of the Body to return Senate Bill 106 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 106. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski, on the amendment.
The Floor Amendment No. 2 requires the Department of Children and Family Services, if requested by professionals, to confirm in writing that the information shared or documents disclosed by the professionals were released in the course of a child abuse or neglect investigation. I’ll explain this more on 112 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any questions? Any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 106. Madam Secretary, please read the bill.
Senate Bill 106. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 106, as amended, amends the Abused and Neglected Child Reporting Act to provide that professionals cannot rely on their confidentiality privileges as a reason for failure to disclose information to the Department of Children and Family Services during an ongoing investigation.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 106 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 113 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 who wish? Madam Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 106, having received the required constitutional majority, is declared passed. Senate Bill 109. Senator McCann. Madam Secretary, please read the bill.
Senate Bill 109. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann, on Senate Bill 109. SENATOR McCANN: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 109 amends the general homestead exemption and some other exemptions to the -- to the homestead Act. It provides that the general homestead exemption and exemptions granted to disabled and returning veterans shall be granted on a pro-rata basis if the property is first occupied as a residence after January 1st of an assessment year by a person who is eligible for the exemption. I think it’s a wonderful bill. And I -- I would entertain any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann, is this your first bill? SENATOR McCANN: I -- I believe it may possibly be, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion on Senator McCann’s first bill? Senator Syverson, for what purpose do you rise? 114 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
I have no really {sic} idea, but let me -- let me get to this legislation here. All right. Senator, will you re- explain, first of all, while I have a look at this? Give me an idea what this legislation -- how this legislation affects the taxpayers of Illinois?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann, you have to wait till your light comes on before you begin speaking. Senator McCann. SENATOR McCANN: Thank you, Mr. President and Senator Syverson for that wonderful question. I believe what it does for the taxpayers of Illinois is it provides working families and veterans, who have -- who have put it on the line for us, to come back into society and -- and get on their feet even faster. In a time where families are struggling like never before, this gives them an opportunity to, instead of having to wait an extra year -- if they -- if they would move into a home on January 2nd of a given year, they would lose the homestead exemption for that entire year. This bill allows them to take the exemption prorated on a daily basis.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.
You keep on mentioning home instead of what? I guess I’m not sure what you mean by that. What home instead of what option are you referring to?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. 115 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 SENATOR McCANN: Yes, Senator Syverson. That -- that’s a very good question and we’re, of course, talking about the homestead exemption as it pertains to the Property Tax Code, and it -- it is home. Home is where the heart is. Home is where our families are. That’s the basis of every great society and this Act will enable them to take advantage -- full advantage of what that means sooner rather than later.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.
Do you qualify for this or do you have any family members or relatives that would qualify for this -- this plan?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: Senator Syverson, I think the wonderful thing about this legislation is that we probably all have family members that, in one way or another, will benefit from this -- from this piece of legislation. Again, it will allow folks, at a time when -- when a dollar needs to go further than it ever did, to take advantage of something that probably just even got overlooked. We’re -- we’re already able to do this with the senior exemption. And we’re already able to do it on housing that is built in a current year and then occupied in that year. This goes back and allows this to -- to carry over to existing housing stock and it also gives some added benefits to disabled and returning veterans.
PRESIDING OFFICER: (SENATOR SULLIVAN) 116 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Syverson.
All right. Thank you, Senator. And it is great to have you on board and best of luck to you. Thanks.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Tom Johnson, for what purpose do you rise?
Will the sponsor yield for a question or two?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Johnson.
Senator, are -- this -- this bill gives preference to veterans, right?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: Yes, Senator, it does.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.
Are you a veteran?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: No, sir, I am not.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.
117 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Well, how do you know they want this?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: I have a wonderful relationship with many veterans, both in my family and outside the family, in the communities in which I serve, and I believe that they would obviously enjoy the benefits that this -- this bill becoming law would allow them.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.
Senator Haine and I are veterans and you didn’t ask us.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: Senator Johnson and -- and Senator Haine, wherever you might be, would you Senators enjoy the benefits that this legislation might allow?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.
Does this apply retroactively?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: It is, indeed, effective immediately.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.
118 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Well, again, you know, a lot of these things come along and they come too late for many people. And, you know, we never had this when we got out, and I’m just wondering if this is just encouraging dependency on government and more entitlements as long as I fit into a special class. That’s not your intent, is it?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: Senator Johnson, you -- you and I have had many conversations and I believe we both subscribe to the same theory that it’s never too late to do the right thing. And as General Washington -- as he -- as he commented, and I’ll paraphrase, that the ability to raise an army will greatly depend upon how we treat our returning veterans and how they see the treatment as such. I know that -- that you would agree that this would be a fine bill for the -- for the veterans.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.
Well, for Senator Haine and I, who both came out of Vietnam, I think this is a wonderful bill. I just -- and -- and, really, I -- I just congratulate you for even thinking about this and thinking about us. And for that, I welcome you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Dillard, for what purpose do you rise?
Thank you, Mr. President. Senator McCann, I noticed you had a little reluctance when the Presiding Officer asked you if 119 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 this was your first bill. If the Members would pop up on the bill text on this bill on our computers, you’ll see that the bill text says that some guy named Tim Bivins is the actual sponsor of Senate Bill 109. Did you take over the sponsorship of this thing slyly?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: Senator, I -- I will have to say that my good friend, Senator Bivins, came to me and wanted to share the good news that this bill delivers to society and wanted me to be able to get to know the good Members of this Body a little -- a little more intimately.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
I -- I commend you for at least fessing up that it really is your first bill. You should have just said, “No, it’s not my first bill.” I will -- what do you pay me, Senator McCann, if I ask you not to give us the definition of equalized assessed valuation?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: You -- you will be rewarded adequately by silence.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
I was -- I like to read the backgrounds, Senator McCann, 120 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 and you’re a great new Member and I’m glad you’re here, and you’re a wonderful fellow. But I love to read the backgrounds of new Members who come in here. And -- and I noticed that you -- you -- you slyly didn’t put in your résumé or -- or bio that your first name is really an initial, right? It’s “W” - W. Samuel McCann.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: That “W” would stand for William, Senator.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.
Well, you know, he’s going to be a great Member here, Mr. President and Members, ‘cause, you know, he waits until after we’re beaten down with a long discussion against, you know, Senator Wilhelmi’s water bill and he waits till a Friday afternoon and then -- then he has a bill on veterans, which, you know, who’s going to question a bill dealing with -- with helping our military? So, you got a great future ahead of you here, Senator McCann. You know, you got the process down -- down pat. You wait until we’re all exhausted from a big discussion on a water bill. Your first bill deals with veterans, which we all love, and you -- you take over sponsorship from a wise Member, like Senator Bivins. So you’ve got a great career here and I’m happy to have you here, Senator McCann. And I still may vote No on your bill, though. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) 121 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Thank you, Senator Dillard. Senator Noland, for what purpose do you rise?
Yes, will the sponsor yield for a couple questions?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Noland.
Yes, Senator, are you a veteran?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: No, sir, I am not.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland.
Well, I’ve been told that you’re -- you’re -- I’m a veteran myself. Served eight years in the Navy, fought the battle at Great Lakes. I understand that you’re partial to the Marines. So, I have just a couple of questions for you with respect to -- to veterans. So what do you call a helicopter in the Army?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: I -- I would -- I would call it an Army helicopter, Senator.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland.
It’s called a chopper, just a chopper. What do you call a 122 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 helicopter in the Air Force?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: Once again, as I’m not a veteran, I will have to go with the obvious and just say helicopter, Senator.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland.
Not a problem. It’s called a helo. It’s called a helo. And I’m stepping in for Senator Haine here, if he’s not going to speak to you. It was his job. And so I’m stepping up on behalf of the other veterans here to ask these questions. So it’s called a helo. What do you call a helicopter in the Navy?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: Once again, I will have to go with “c”, helicopter, Senator.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland.
It’s a whirlybird. What do you call a helicopter in the Marines?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: I am nothing, if not stalwart. Helicopter, sir.
PRESIDING OFFICER: (SENATOR SULLIVAN) 123 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Noland.
Let me repeat that. That was ugh, ugh, ugh, ugh. Despite these limitations, I recognize the value of this bill and I want to say thank you so much for bringing it. And on -- thank you so much. You’re a welcome addition to the -- to the Chamber, irrespective of such limitations, and I thank you for the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion. Senator McCann, to close. SENATOR McCANN: I want to thank my fellow Members of the Senate. I’ve enjoyed getting to know each of you. I appreciate the respect with which you treat me. And I know that the veterans and the other folks that will benefit from this bill will appreciate an Aye vote. Thank you so much.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 109 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 109, having received the required constitutional majority, is declared passed. Senator Schmidt, for what purpose do you rise?
Mr. President, I rise for personal privilege, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
124 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 My point is, I have some wonderful guests here from Antioch, Illinois. We live right by the Wisconsin border, so this was a long trip for them. I have Brady Banker here, seven years old, that goes to St. Patrick School in Wadsworth, and his mother, Sue Banker. His brother, Brenden, is right now in the House, paging for State Representative Osmond. I’d like you all to please welcome them to Springfield with a nice -- nice warm welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to Springfield. It’s great to have you here today. Thank you for being here. Ladies and Gentlemen, with leave of the Body, we will turn to page 51 of the printed Calendar on the Order of House -- excuse me, Senate Bills 3rd Reading. And that’s Senate Bill 1652. Senator Harmon. Mr. Secretary, please read the bill.
Senate Bill 1652. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.
Thank -- thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1652 is an amendment to the Public Utilities Act and, in particular, the provision dealing with residential customers who switch from the incumbent utility to alternate providers. This facilitates their -- rearrangement of their service if they wish to move from one to another. I’m not aware of any opposition and I ask for your Aye votes. 125 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 1652 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1652, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, if -- we turn back to page 5 of the printed Calendar, to Senate Bill 112. At the top of page 5, Senate Bill 112. Senator Crotty. Out of the record. Senate Bill 115. Senator Sandoval. Mr. Secretary, please read the bill.
Senate Bill 115. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.
Thank you, Mr. President. Senate Bill 115 improves the Equal Pay Act of 2003 by improving -- by -- by revising the maximum civil penalty to five thousand dollars.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Cultra.
Thank you. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Cultra. 126 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Yes. Are -- is the Illinois Retail Merchants Association, Illinois Manufacturers’ Association, National Federation of Independent Businesses, Illinois Chamber of Commerce, are they still against your bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.
Yes. The AFL-CIO, the Laborers’ International, the IFT, the AAUW and the Illinois Department of Labor are proponents.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra.
What do you hope to accomplish by increasing the fine from twenty-five hundred dollars to five thousand dollars?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.
Greater equality for women.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra.
During committee, the Department of Labor said that they actually hadn’t received twenty-five hundred dollars from anyone since this law has been enacted. So my question, I guess, is, increasing a fine that’s never been levied to five thousand dollars, what does that accomplish?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval. 127 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
I think some of the most important individuals to all of us in this Chamber are our mothers, our daughters, our wives, our aunts, our grandmothers. And this goes a long way to help some of the women that are most important to us in our lives.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra.
Yeah, I guess I didn’t really understand that answer, how that was going to help. But -- well, you know, I think if this fine was for second offenders or -- or repeat offenders, I -- I think that would -- certainly understand that, but I think we all agree with you that, you know, we’re -- we’re for equal pay. But that’s not really the issue here. I -- all you’re doing is increasing a fine that’s never been levied. And in a time when we’re trying to attract new business to Illinois, I can’t see how this is going to help our business climate in the State of Illinois. What we really need is, is a better assimilation of information on -- on what the requirements of this law are to our business community. If we could get the information out, I -- there’s many businesses, I’m -- certainly, that are unaware of this law. And if we -- Department of Labor could just somehow have a website where they could look up information that would help concerning this, it would certainly do a lot more than just increasing a fine that has never been levied. So I would urge a -- a No vote. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Any further discussion? Senator Sandoval, to close. 128 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Ask a favorable vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 115 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 36 voting Aye, 18 voting Nay, 0 voting Present. Senate Bill 115, having received the -- required constitutional majority, is declared passed. Senator Harmon, in the Chair.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, continuing on page 5 of your printed Calendar, on the Order of Senate Bills 3rd Reading, is Senate Bill 122. Mr. Secretary, please read the bill.
Senate Bill 122. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.
Thank you, Mr. President. Senate Bill 122 amends the Board of Higher Education Act. This bill is supported by the Board of Higher Education and this allows them to further gather information related to underrepresented groups of minorities in higher education. I’d ask a favorable vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Righter, for what purpose do you rise? 129 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield. Senator Righter.
Thank you. Senator, how will the universities know if this person is a -- the first in their family to go to college?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.
They would -- they would ask in the admission process and on their intake on their documents, they’d probably have a box and they would have to check the box.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
So the universities will need to change their forms in order to include this piece of information. Correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.
This bill -- this bill better captures -- the universities to allow them to capture, you know, the incoming freshmen, who happen to be African-American, Latino, Asian and “other” - other minorities that are under the protected class.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Thank you, Mr. President. Well, no, it doesn’t, Senator, 130 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 because, one, it doesn’t allow ‘em to do it; it tells ‘em to do it. And, two, it’s not about protected classes; it’s about this notion of first in their family to go to college. So let me ask the question again. Universities are going, then, to redo their paperwork. Is there going to be any funding sent or any -- any -- any kind of help at all to universities to tell them to -- help them comply with this mandate that you’re putting on them?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.
The Board of Higher Education of the State of Illinois is in favor of this bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
That may well be, Senator Sandoval. I’m not sure why, but I’m not concerned as much about the State Board of Higher Education as I am, quite frankly, the people who are going to have to comply with the mandate, which is not the State Board of Education. I mean, we’ve all recognized it’s the easiest thing in the world to be for a mandate that you don’t have to deal with. So, what about the universities? What is their position on this bill?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.
I believe that in general the universities that are well accepting of minorities into the universities favor and already do this collection of data. 131 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Then why do we have to put a mandate in law if they’re already doing it, Senator?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.
This codifies the practice.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Mr. President, to the bill, please. I’m not sure where we’re at here, whether or not we are collecting information that needs to be collected in order to enhance the fortunes of people who are the first in their family to go to college, which is what the Senator started with, or we’re codifying a current practice, in which case this stuff’s already being done. And we do not need another mandate coming down from this -- this Chamber, this General Assembly, and the State Board of Education to tell the universities to do something that we’re not clear what the value of that information will be. I would urge a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Senator Luechtefeld, for what purpose do you rise?
Thank you, Mr. President. And -- a question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) 132 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Sponsor indicates he’ll yield, Senator.
Senator, in committee, we talked about this and, you know, I -- I guess we pass a lot of laws here that we got along quite well with the year before or the year before that. And -- and - - and many -- and this is -- this is one of those laws, I think, that is a perfect example of something that I’m not real sure what -- what you’re going to do with it. What -- for instance, when they collect all that information on the -- the person that is first in their family to go to -- to college, what are they going to do with it?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.
As we all know, the greatest drop off of minority students and freshmen students at our university system is after their freshman and sophomore year for a number of reasons. In particular, we -- we see in studies that affect minority students that there is a -- more significant drop off of our students in higher education. This will allow the universities to assess their curriculum, their practices, their culture, their programs in order to better retain these students and keep them in track to graduate.
PRESIDING OFFICER: (SENATOR HARMON) Senator Luechtefeld.
From what I understand, the drop off, Senator, is -- that’s the case with nonminority students also. I mean -- or, first time they’ve even gone to -- ever had a student from a family go 133 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 to a college. I -- I don’t -- and I’m not real sure what they do with that either. I mean, that is a problem that we -- that we face. A lot of those kids come to school -- or go to school without really -- not sure what they want to do, not sure what it’s all about, and decide for whatever reason to drop out. That’s -- that’s a problem we’ve always had. I just -- I think if -- if there is a bill that’s an unnecessary bill, this is -- this is -- this is the one we -- we ought to pick. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, Senator Sandoval, you wish to close?
I’d like to just comment that over the thousands of bills that we hear in this Chamber, some of them that we’ve heard over the last couple days here in the Chamber would probably better qualify for unnecessary bills, even from my side of the aisle. This is a bill that will allow the universities to greater assess first generation students that are entering the system, both Latino, African-American and white ethnic. And, you know, we should be concerned why children drop off in their freshman year at all our universities. I’d ask a favorable vote.
PRESIDING OFFICER: (SENATOR HARMON) Question is, shall Senate Bill 122 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 30 voting Aye, 20 voting No, none voting Present. Senate Bill 122, having received the required constitutional majority, is declared passed. Senate Bill 123. Mr. Secretary, please read 134 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 the bill.
Senate Bill 123. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.
Senate Bill 123 amends the Child Care Act of 1969. The bill basically states that the Department shall have a maximum of ninety days after the submission of any child care facility license application to determine the status. You know, as we -- we’ve seen in the census that just recently came out, one of the largest-growing groups and populations in our State is this Latino community. We now make up fourteen percent of the population in the State of Illinois. Many of ‘em -- many of these communities is on our side of the aisle and many of these communities is on your side of the aisle. We have the -- the most significant number of children in this -- in this growing population. We need child care licenses to be approved on an expedited basis to take care of these families, these working moms.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 123 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 52 voting Aye, none voting No, none voting Present. And Senate Bill 123, having received 135 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 the required constitutional majority, is declared passed. Senate Bill 131. Senator Sandoval. Senate Bill 150. Senator Raoul. Mr. Secretary -- Senator Raoul seeks leave of the Body to return Senate Bill -- Senate Bill 150 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 150. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.
Floor Amendment 2 deletes all and becomes the bill. I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul moves for the adoption of Floor Amendment No. 2 to Senate Bill 150. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 150. Mr. Secretary, please read the bill.
Senate Bill 150. (Secretary reads title of bill) 3rd Reading of the bill. 136 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 150, as amended, is a bill that comes as a collaboration between Leader Cross and myself, the -- the NFL, the Chicago Bears, the Illinois High School Association, and it’s to deal with concussions in youth athletics. Senate Bill 150, as amended, authorizes and encourages park districts to make educational materials that describe the nature and risk of concussion and head injuries available to all residents and users of the -- their facilities. Such materials may include materials produced or distributed by the IHSA or the U.S. Centers for -- for Disease Control. It requires school boards, including the Chicago Board of Education, to adopt a policy regarding student athlete concussions. It requires such policies to be in compliance with the protocols and policies and bylaws of the Illinois High School Association. This bill is about protecting our kids, not only the kids who participate in youth football and hockey, where you see a high incidence of concussion, but as we learned at a recent press conference that in girls’ basketball and girls’ soccer, there’s a high incidence of concussion, higher than you will find in boys’ basketball and boys’ soccer. I encourage your support on this bill.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 150 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 137 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 record. On that question, there are 53 voting Aye, none voting No, none voting Present. And Senate Bill 150, having received the required constitutional majority, is declared passed. Senator Sandoval, for what purpose do you seek recognition?
Thank you, Mr. President. For point of clarification. I’d like to refer to Senate Bill 122. The record reflect that I would vote Yea for my bill. My button got stuck, too.
PRESIDING OFFICER: (SENATOR HARMON) The record will so reflect your intention, Senator. Senate Bill 152. Senator Haine. Senator Haine seeks leave of the Body to return Senate Bill -- 152 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 152. Mr. Secretary, have there been any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, on the amendment.
Amendment No. 1 provides that only property damage, physical damage auto claims, shall be settled using this Inter- Company Arbitration Agreement.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion of the amendment? Senator Sandoval, are you seeking recognition? Senator Haine moves for the adoption of Floor Amendment No. 1 to Senate Bill 152. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor 138 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, on the amendment.
Let’s see. Amendment No. 2 -- I’m sorry. Amendment No. 2 clarifies that these are disputed claims limited solely to physical damage, as I’ve indicated, but it adds a ten-thousand- dollar cap. I may have these amendments mixed up, but that’ll be the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine moves for the adoption of Floor Amendment No. 2 to Senate Bill 152. 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 152. Senator Haine. Mr. Secretary, please read the bill.
Senate Bill 152. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, to present the bill.
139 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Yes, Mr. President and Ladies and Gentlemen of the Senate, this is a controversy, actually, between insurance companies, and there’s some lawyers involved too, not the Trial Lawyers. And we came to an agreement that -- that will be done in the House, ‘cause we ran out of time. We came to an agreement that the amount of auto damage claims that will be subject to the mandatory arbitration agreement will be two thousand dollars or less. And that’ll be done in the House.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator.
And Representative Saviano is in on this. And he’ll handle it over there.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Brady, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield.
Senator, if there aren’t trial lawyers involved, what kind of lawyers are involved?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
I -- that’s a good question. It’s not the Illinois Trial Lawyers Association. They are lawyers that represent Specialty Insurors Association, and they do try cases. 140 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR HARMON) Senator Brady.
Thank you, Mr. President. I stand in support of the -- the negotiated agreement. It will come back in a little bit of a different form, but I think we’ll find something we -- we can all support.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson, for what purpose do you seek recognition?
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield. Senator Syverson.
Senator, did I -- did I hear you correct that the -- the goal is to limit then the -- the amount of damage that goes to a mandatory arbitration would be only -- would be two thousand dollars?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
That is the agreement.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Do we have an idea of how many claims have occurred that would be -- as far as I know, two thousand dollars is usually just one light being knocked out of my back window. Two thousand is a -- is a pretty low limit. What -- do we know how 141 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 many cases that would even fall under that category then?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
No, Senator Syverson, I don’t know the answer to that. It may be -- it’s certainly a smaller number than ten thousand or less. And it’s much smaller than not having any cap, which is what the original bill said. But it’s still a -- it still provides arbitration for a certain number of property damage cases for people who are insured.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, Senator Haine, do you wish to close?
…vote -- Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 152 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting No, none voting Present. Senate Bill 152, having received the required constitutional majority, is declared passed. Senate Bill 155. Senator Forby. Senate Bill 161. Senator McCarter. Mr. Secretary, please read the bill.
Senate Bill 161. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) 142 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator McCarter. SENATOR McCARTER: This bill is, I think, the third time we’ve questioned the interpretation of what Revenue thinks should and should not be taxed. This deals with room rentals for hotels, convention centers, VFWs, Knights of Columbuses, the wineries. And I am working with Revenue to come up with a specific agreement to settle this and we are very close. But I ask that we pass this out. I will admit to you, this is not soup.
PRESIDING OFFICER: (SENATOR HARMON) Is there -- is there any discussion? Seeing none, the question is, shall Senate Bill 161 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 161, having received the required constitutional majority, is declared passed. Senate Bill 170. Mr. Secretary -- Senator Sullivan seeks leave of the Body to return Senate Bill 170 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 170. Mr. Secretary, are there any Floor amendments approved for consideration? …Sullivan, we’re - - we’re tracking down the sponsorship of the amendment, if you’ll bear with us to make sure our paperwork is in order here. With leave of the sponsor, we’re going to take this bill out of the record for a moment while we make sure our paperwork is in order. Senator, we’ll return to this as soon as we are ready to proceed. Moving along on our Calendar, Senate Bill 171. Senator Cullerton. With leave of the Body, we’ll turn to the 143 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 bottom of page 8 of our printed Calendars and continue on the Order of Senate Bills 3rd Reading. Senate Bill 259. Senator Sullivan. Senate Bill 260. Senator Cullerton. Senate Bill 263. Senator Hunter. Senate Bill 264. Senator Cullerton. Senate Bill 265. Senator Raoul. Senator Raoul seeks leave of the Body to return Senate Bill 265 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 265. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul, to present the amendment.
Amendment 1 amends the Sex Offender Management Board to add one of the members appointed to the Sex Offender Management Board must be appointed by the Governor representing Probation Services.
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul moves for the adoption of Floor Amendment No. 1 to Senate Bill 265. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 265. Senator Raoul, you wish to proceed? Mr. Secretary, 144 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 please read the bill.
Senate Bill 265. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.
Thank you. Senate Bill 265 reduces the size of the -- the Sex Offender Management Board by four members because of the unconstitutional representation on it by several organizations. We had a conversation in committee about perhaps amending it in the House to allow for the Governor to make the appointments to some of the -- representing some of the organizations that are being reduced in the bill, and so I will encourage those conversations to happen in the House.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 265 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 52 voting Aye, none voting No, none voting Present. And Senate Bill 265, having received the required constitutional majority, is declared passed. Senate Bill 266. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate Bill 266 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 266. Mr. Secretary, have there been any Floor amendments approved for consideration? 145 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Yes. Floor Amendment 2, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi, on the amendment.
Thank you -- thank you, Mr. President. The amendment becomes the bill and I’ll be happy to debate it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi moves for the adoption of Floor Amendment No. 2 to Senate Bill 266. 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 266. Senator Wilhelmi. Mr. Secretary, please read the bill.
Senate Bill 266. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi.
Thank you, Mr. President. Senate Bill 266, as amended, creates the Scratch-off for Seniors game in the Illinois Lottery. Revenue from the game will benefit community senior services and resource centers. The bill specifies that these 146 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 revenues will supplement and not supplant existing moneys that the Department on Aging spends on community service and resource centers. There was extensive debate in committee. I know there’ll be some questions and I’ll happy -- I’ll be happy to answer those questions. There are currently now four specialty scratch-off games. This would make the number five, and it would add this fifth game into the rotation with the four others. I think that it’s really important during these difficult economic times that we do everything we can for the -- the population in our districts - in every one of our districts - the population that’s growing every day, every week, every month and every year, and that’s our senior population. These folks that do good work back in our hometowns need the resources to make sure that those services are there for our seniors. That’s why I’ve introduced this bill, at the request of my local Will County Senior Services Center. Again, I’ll be happy to answer any questions and I ask for your support.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion. Senator Righter, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield.
Thank you, Mr. President. Senator Wilhelmi, it’s my understanding that there’s a provision in this bill that would create a special classification of retailer license that would allow senior centers to sell Lottery tickets for this. Is that 147 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi.
Yes, Senator, that is correct.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
And that the senior centers that sell the tickets would get a two-percent commission for each ticket. Is that also correct? So they’re going to make a little money off this.
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi.
That is correct.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Now, the bill, as I understand it, also -- it requires that the senior citizen’s center buy and sell the tickets at face value, so where is the two percent coming from?
PRESIDING OFFICER: (SENATOR HARMON) Senator Wilhelmi.
It’s my understanding, Senator, it’s -- it will come from the revenue generated by the ticket sales.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
148 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Thank you, Mr. President. Just to the bill, if I might. For -- for those who -- who have made it a practice to oppose expansions of where Lottery tickets can be sold, or gaming in general, just know that probably the senior centers -- senior citizen centers in your area will have the opportunity to be selling Lottery tickets from the counties when the seniors -- from the counters when the seniors go up and put the quarter in the -- in the can to get their coffee. They’ll all have a chance to buy a Lottery ticket. If that’s what we want to do, then -- then you should vote for this bill. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Lauzen, for what purpose do you rise?
Just to the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
Certainly, I appreciate the -- the good intention that the sponsor has brought to this bill. In committee, there was a split vote. I believe it was 7 to 3. Opponents are concerned in part what the previous speaker said, but also that there’s generally a -- a limited fixed amount that people are going to spend on these tickets, and if there are other uses that the money is put to, it draws away from, you know, what people claim, that the -- you know, the Lottery goes to education. But those other uses are going to having their fund decreased by the amount that this is increased. So I -- I recommend a No vote. 149 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Wilhelmi, do you wish to close? The question is, shall Senate Bill 266 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 30 voting -- 31 voting Aye, 18 voting No, 2 voting Present. Senate Bill 266, having received the required constitutional majority, is declared passed. Our paperwork is in order. We can return, with leave of the Body, to Senate Bill 170. Senator Sullivan seeks… Senator Sullivan again seeks leave of the Body to return Senate Bill 170 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 170. Mr. Secretary, have there been any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, on the amendment.
Thank you, Mr. President. The amendment becomes the bill. We’ll discuss it on 3rd.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan moves for the adoption of Floor Amendment No. 1 to Senate Bill 170. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?
150 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 170. Senator Sullivan wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 170. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. The legislation allows the Governor to appoint two superintendents to -- one to the Illinois School of {sic} (for) the Deaf and one for the Illinois School for the Visually Impaired. Both of these are located in Jacksonville. They would be four-year term appointments, with the advice and consent of the Senate. It also sets qualifications for those positions and it also allows the superintendents to hire the educational and professional employees at the -- at those two facilities. I’ll be more than happy -- I -- let me just say, I guess, also at this time is that this is a result of a couple years of discussions with family members and parents, for the most part, and -- and staff with regard to the students that attend both of these institutions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 170 pass. All those in favor will vote Aye. 151 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 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 54 voting Aye, none voting No, none voting Present. Senate Bill 170, having received the required constitutional majority, is declared passed. Picking up on page 9 where we left off, near the top of the page, on the Order of Senate Bills 3rd Reading, is Senate Bill 267. Senator Koehler, are you ready to proceed? Senate Bill 268. Senator Sandoval. Senate Bill 269. Senator Cullerton. Sponsorship of Senate Bill 269 has been changed to Senator Hutchinson. Senator, are you ready to proceed? Senator Hutchinson seeks leave of the Body to return Senate Bill 269 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 269. Mr. Secretary, have there been any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson, on the amendment.
Thank you, Mr. President. The amendment becomes the bill. I’d like to explain it on 3rd.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson moves for the adoption of Floor Amendment No. 1 to Senate Bill 269. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, any further Floor amendments approved for consideration? 152 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 269. Mr. Secretary, please read the bill.
Senate Bill 269. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill is an initiative of the Comptroller’s Office. We had to put this on a shell bill at late date, so I’d like to alert the Body that it is actually cosponsored by myself and Senator Pamela Althoff. It is -- it creates the Minority Contractor Opportunity Initiative through the Comptroller’s Office. This goal -- the goal of the initiative is to conduct outreach and education to minority-owned businesses, female- owned businesses, businesses owned by persons with disabilities, and small business, especially businesses with employees under twenty. The administrative costs of this initiative are covered by a fee of fifteen dollars paid by any bidder or offeror awarded a contract of a thousand dollars or more. The Comptroller’s Office must work with the Business Enterprise Council in order to accomplish the goals of the initiative. It was brought to me by Comptroller Topinka. I thought it was a wonderful idea and I’d request a favorable vote. Thank you. 153 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 269 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 54 voting Aye, none voting No, none voting Present. Senate Bill 269, having received the required constitutional majority, is declared passed. Senator Maloney, are you seeking recognition?
Thank you, Mr. President. I’d like to take this opportunity to introduce some guests from the district. We have three young girls down here with their student council convention. We have Katie, Hailey and Ashley. And they’re also with the former Mayor of Palos Park, a good friend of mine, Carolyn Baca. I would like the Senate to welcome them. They’re in the seats right up here.
PRESIDING OFFICER: (SENATOR HARMON) Will our guests in the gallery please rise and be welcomed to the Senate Chamber? Ladies and Gentlemen of the Senate, we are in that portion of our printed Calendar which is dense with vehicle bills sponsored by the Senate President. With leave of the Body, we’re going to move through that and pick up the bills that have been assigned sponsorships. If you would turn to page 13 of your printed Calendar, at the top of the page is Senate Bill 337. Senator Sandoval. With leave of the Body, we’ll turn to page 15 of your printed Calendar. Again, near the top of the page is Senate Bill 396. Senate Bill 397. Senator Clayborne. Senator Clayborne seeks leave of the Body to return Senate Bill 154 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 397 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 397. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne, on the amendment. Are you ready to proceed?
I’d like to explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne moves for the adoption of Floor Amendment No. 1 to Senate Bill 397. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 397. Mr. Secretary, please read the bill.
Senate Bill 397. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.
Thank you, Mr. President. Senate Bill 397 allows housing authorities to offset delinquent debts through income tax 155 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 refunds owed to the debtor from the Department of Revenue. Debts must be as a result of a court order.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 397 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 52 voting Aye, none voting No, none voting Present. And Senate Bill 397, having received the required constitutional majority, is declared passed. Senate Bill 399. Senate Bill 400. Senator Clayborne. Moving right along. Senate Bill 401. Senator Hutchinson. Senator Hutchinson seeks leave of the Body to return Senate Bill 401 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 401. Mr. Secretary, have there been any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson, on the amendment.
The amendment becomes the bill. I’d like to explain it on 3rd.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson moves for the adoption of Floor Amendment No. 1 to Senate Bill 401. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, any further Floor amendments approved for consideration? 156 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 401. Mr. Secretary, please read the bill.
Senate Bill 401. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 401 extends the centralized purchasing activities sales tax exemption five years, from June 30th, 2011 to July 30th, 2016. This exemption is given if a person or company takes a delivery of an item in Illinois and temporarily stores it in Illinois prior to it being transported out of Illinois for consumption and use. This exemption is in place to avoid multistate taxation of items and first became an exemption on January 1st, 2002. I would request a favorable vote. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Lauzen, for what purpose do you rise?
Thank you, Mr. President. To the bill: This was supported unanimously in the sponsor’s Revenue Committee.
PRESIDING OFFICER: (SENATOR HARMON) 157 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Thank you, Senator. Any further discussion? Seeing none, the question is, shall Senate Bill 401 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 401, having received the required constitutional majority, is declared passed. Senator Haine, for what purpose do you seek recognition?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) State your point, Senator.
Mr. President, I don’t want to extend this Session, but it’s incumbent upon me to mention an historical fact to break up the day. I just learned this this morning online. I’m surprised I didn’t know it. Today is, of course, April 15th and we must pay the federal government the onerous tax burden that they have imposed since World War I. I do wish to note that you don’t pay your taxes today, of course; they’re due Monday. And, of course, one may ask, why is it due Monday since this is a business day? But it’s not a business day in the District of Columbia; it is a holiday and necessarily a national holiday. It is the holiday which commemorates a hundred and fifty years ago the Congress - after the southern states, in violation -- the southern Senators and Representatives, in violation of their oaths of office, left the Congress - Congress passed a bill prohibiting, banning slavery in the District of Columbia. And, 158 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 therefore, April 15th is a national holiday. But it’s a very important day - since Congress tried to pass that Act every year since the 1830s, led by John Quincy Adams. So, therefore, we should note that. And we should note the great progress we have made and the disgraceful past prior to that progress. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Haine. I think I speak for everyone when I say we’re all surprised you didn’t know that until today. History class having ended, with leave of the Body, we will return to the bottom of page 20 of your printed Calendar. Senate Bill 542. Senator Link. At the top of page… I apologize. Senate Bill 539. Senator Clayborne. I skipped over your bill. Do you wish to proceed on Senate Bill 539? Senator Clayborne, while you’re getting ready, I’m going to call on Senator Delgado. For what purpose do you rise, Senator?
Thank you. I really appreciate my colleague, Bill, Senator Haine’s comments, but also as the Chair of Public Health and someone who’s always involved in the issues around -- the issues of what’s going on. This month here is Autism Awareness Month here in the State of Illinois. And many of us are wearing our pins, have received pins. You might have seen ‘em all out here yesterday. But it’s really the entire month. And so I just wanted to bring that up, as we do have a small pause, but I -- I do want to just take that opportunity. It’s Autism Awareness Month. Let’s all be cognizant of the things we need to do.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. We are on the bottom of page 20. 159 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Clayborne, you’re ready to proceed? Mr. Secretary, read the bill.
Senate Bill 539. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.
Thank you, Mr. President. Senate Bill 539 states that two or more municipalities may designate a joint redevelopment project in {sic} (if) at least one of the municipalities eligible to be designated a redevelopment project under this Division.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 539 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 54 voting Aye, none voting No, none voting Present. Senate Bill 539, having received the required constitutional majority, is declared passed. Senate Bill 540. Senator Kotowski. Mr. Secretary, please read the bill.
Senate Bill 540. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) 160 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Kotowski.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. Before my -- I begin my bill, I would just like to acknowledge that it is Will County Appreciation Day in the Senate. So, welcome. So, Senate Bill 540 is initiative of Comptroller Judy Baar Topinka. It is identical to House Bill 2913, which is currently inside the House Revenue and Finance Committee’s Property Tax Committee. It authorizes the Comptroller to create a certification program for Tax Increment Finance administrators. It also authorizes the Comptroller to post on their website the findings of all municipal audit reports currently required to be filed with their office.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 540 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, 1 voting No, none voting Present. Senate Bill -- 52 voting Aye, 1 voting No, none voting Present. Senate Bill 540, having received the required constitutional majority, is declared passed. Senator Sullivan, for what purpose do you seek recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Only if it’s an historic observation.
I’m -- I’m afraid I can’t be as historical as -- as the 161 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 previous speaker there, although I am a history major. I have a couple of guests, I just found out, that are in the gallery over on the Republican side. One of my county clerks, from Mason County, Bill Blessman. Stand up, Bill, if you would. And he also has with him his granddaughter, Samantha. I’d like everybody to welcome my guests to the gallery here today. Great to have you here.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Illinois State Senate. Continuing at the bottom of page 20 of your printed Calendar. Senate Bill 542. Senator Link. Senate Bill 543, at the top of page 21. Senate Bill 544. Senator Wilhelmi. With leave of the Body, we’ll move forward on our printed Calendars towards the bottom of page 23, still on the Order of Senate Bills 3rd Reading, is Senate Bill 619. Senator Martinez. Senate Bill 620. Senator Martinez. Senator Martinez seeks leave of the Body to return Senate Bill 620 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 620. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez, on the amendment.
Thank you. This amendment is to -- it’s an amendment to the School Code to implement the findings and recommendations of the Chicago Educational Facilities Task Force, and I’ll be happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HARMON) 162 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Martinez moves for the adoption of Floor Amendment No. 1 to Senate Bill 620. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 620. Mr. Secretary, please read the bill.
Senate Bill 620. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez.
Thank you, Mr. President and Members of the Senate. About a year ago, we -- there was a recommendation of the General Assembly to create a task force to look at how CPS was closing down schools and consolidating schools without the input of any of the community and -- and people of interest in the communities to participate in those kind of closings. And so this -- this -- this bipartisan task force was created. For the last eleven months, Senator Haine - I mean - thinking of Senator Haine - Senator Heather Steans -- Steans -- Steans and Representative Soto, together with Senator Delgado, Republicans, like -- like Representative Saviano, Senator -- I mean Representative Pritchard and others, were all part of this task force. And on the side of the Republicans, we had Senator 163 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Hultgren and Senator Cronin, which both have left, but have not been replaced. We have found -- there was a group of many, many parents, teachers - we had volunteer pro bono lawyers - that really got involved in seeing how we can better assist CPS in the way that they were handling school closures, school consolidations, and facilities’ investments and -- and assessing these properties. We found -- they found best practices in other states, which included places like New Mexico, California, New York, California, Texas. All of them have these ten-year plans, these five-year plans, to put -- that are put in place to assure that there is an -- a fair and open and transparent process on how these school closures occur. What we found, that we were ready to give these recommendations and two weeks before these recommendations were ready to be given to the General Assembly, we -- I mean, personally, I was surprised that I -- I -- my -- my district office is in front of a school that apparently CPS decided to consolidate and parents were not aware until the day I found out about it, the day that parents walked into my office crying about what was being done without their input. And I -- and the first thing I said to CPS was, we have a task force that is -- that is going to be giving recommendations on how these school closures do occur. And somehow it was a disregard to me, to the parents, to the students, to the community. And so this bill that I have for -- in front of you is a -- it was the task force recommendations based on best practices, things that need to be put in place and especially the accountability and the transparency that we need to make sure that we hold CPS accountable. It’s -- it’s an oversight; it’s a commission that is going to include every 164 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 entity, from local school council, to the Mayor’s office, to the county -- CHA, everybody that’s involved in -- in the whole school. And I think that when we really look at what we’re trying to do here is, we don’t want to take power away from anyone, but at this point, CPS has not done its job in making sure that they have a plan. When they do these school consolidations, these closures, they don’t have a plan. They just tell, this is where you’re going and that’s it. There is no -- you know, there is no sitting down with parents. There is no sitting down with the schools and saying to them, this is why we’re closing you, this is why we’re consolidating you. So, all I’m going to ask is -- we’ve -- we’ve talked to the -- to the -- the incoming Mayor’s people. We want to pass this bill over to the House. They’re going to come to the table. Even though they were at the table all along, there was no recommendations that were made. But let me tell you something, all we want is a process. We want a process. We want to make sure that -- that we continue this process, as far as bringing those that have some difficulties with this -- with these recommendations. We’re happy to sit down and talk to them. But I just think that right now a template has to be put in place. I think we’ve done the research. We’ve done the -- the information gathering. I think it’s a good way for the new Mayor and the CPS to start a process that we have spent already the last eleven months gathering that information. So, I would hope that we would all vote on this bill today. Let’s pass it over to the House. Let them continue the negotiations. I think for the sake of our children, for the sake of our communities, this is what we talk about, putting a process in place and making sure that the 165 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 community, that the children, the teachers have an input on what is going on in their schools. And I ask for a favorable vote and I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Schmidt, what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
Originally, in committee, I did vote against this bill. I’ve had numerous discussions with Senator Martinez. I get it. Okay? We’ve talked about this and I am changing my vote, and I will be supporting this bill. I look forward to more information coming back on this. And so I -- I’m wishing you the best of luck with this.
PRESIDING OFFICER: (SENATOR HARMON) Is there any other discussion? Senator Lauzen, for what purpose do you rise?
Thank you very much, Mr. President. It is always a great pleasure to support the work of the sponsor. I just want to be sure before voting in favor of this that -- that we’re not doing something that splits the authority within a -- a body that’s so important. And I -- I know that you love the children of your district in Chicago as much as any person alive. But going back to Senator Haine’s historical, is this not a case of a -- a house divided against itself with the split authority? 166 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR HARMON) Senator -- I don’t -- did -- Senator, did you just ask a question, or were you…? Senator -- Senator Martinez.
Thank you, Senator Lauzen. This is not a split. If anything, I think it’s a matter of bringing everybody together, sitting everyone down. This commission is going to have a member of every entity out there. It’s going to have the input of CPS. Normal -- I mean, naturally, we have to have them sitting. I just think that they need some help, some assistance and seeing how we put together these consolidations, these -- these closures that affect people’s life, that affect children’s lives. So all we’re trying to do is make sure this commission is there to assist CPS. We’ve already gathered a lot of best practices from other states that have plans - a ten-year plan, a five-year capital plan. We’ve seen too many schools right now that have been passed over, and these schools are in very bad condition, while they’re creating or constructing new schools or putting money in schools that really don’t need it right now. And that is my point. We have to make sure that all the schools are treated fairly, that we have a decent place for these schools -- for these children to learn, but more important, it is that we want to assist CPS in making sure that they include and have an open and fair process.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. It is 1:30 on Friday afternoon. I know folks are eager to get about their other business. I’m going to start channeling my inner Rickey Hendon and ask all the speakers to be succinct and direct in their remarks. Senator 167 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Delgado, for what purpose do you seek recognition?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
I -- I -- first of all, I want to point out that I was the co-chair. I was appointed by the President as the co-chair of this committee that initiated this process. Representative Soto in the House was the one who brought this process forward. And to tell -- at first, and so -- at first, it was with the intention -- because the process in CPS was running over many of the local school councils, the parent input, the administrator input, teacher input, and -- and -- and really affecting the livelihood of these families, we met with -- Mr. Ronald Huberman and all of the folks at CPS. I had met with the City of Chicago to get this process going, because there was individual legislators that wanted to submit a moratorium against the school system and I knew that we could not go in that direction. So I asked, instead of people, which has such an antagonistic relationship - I don’t want a house divided - we said, let’s stop pointing fingers at each other and let’s create a body. So we brought all entities on board, including CPS. They’re a major player. We don’t to micromanage them. We have enough to do. But the constituents and the parents have the right to be able to have their concerns heard, because the equal opportunity laws are -- are clearly in jeopardy here. So what we want to do is continue the process moving forward. And I just left a meeting where -- I planned with the new Mayor coming in, since 168 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 this was done with Mayor Daley’s people. I’m ready -- and I informed Senator Martinez, and as I will inform Representative Soto, I enjoy looking forward to sitting with the staff of Mayor Rahm Emanuel and -- and actually breaking bread so we can keep the process moving. But it is to oversight and to make recommendations jointly, so eventually we could all take the credit or all take the blame. But one thing I’ve always done here, Ladies and Gentlemen, is work in the best interest of the children. So we just want to keep the process going, but this isn’t soup yet. And we got to continue getting it done. And I can assure you that this process -- and I’m the self-professed catalyst, ‘cause I’m the one who creates the -- the concept. So let’s take it one step at a time and this is another step, and I would ask for your support.
PRESIDING OFFICER: (SENATOR HARMON) Any further discussion? Seeing none, Senator Martinez.
Thank -- thank you. And thank you for the healthy discussion. I think it’s just important that this -- again, the same way we passed a wonderful Senate education reform bill, this is the facilities bill that’s going to house these children in. We got to make sure that our schools are safe, healthy, and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 620 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 41 voting Aye, 12 voting No, none voting Present. Senate Bill 620, having 169 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 received the required constitutional majority, is declared passed. Senator Schmidt, are you seeking recognition?
Yes, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) For what purpose do you rise?
For a personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point.
It’s been a busy day on the Floor, and I would like to introduce two guests. I have Patty and Dave -- I never can say her name - Chybowski. Known them for years, too. Patty happens to be a trustee in the Village of Lindenhurst, which is right in the heart of my district. They are visiting Springfield for the first time, and so they have a lot of places to go. They won’t be staying long. But I ask you to please give them a nice warm Springfield welcome.
PRESIDING OFFICER: (SENATOR HARMON) Will our guests please rise and be welcomed to the Senate Chamber? Last bill on page 23 of our printed Calendar is Senate Bill -- I’m sorry, 624. Senator Raoul, do you wish to proceed? With leave of the Body, we’re going to attend to several of Senator Sullivan’s bills, which we skipped over while he was doing yeoman’s work in the Chair. We’d like to start on page 20 of your printed Calendar. We’re going to start on page 29 of your printed Calendars. I’m sorry. On the Order of Senate Bills 3rd Reading is Senate Bill 770. Senator Sullivan seeks 170 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 leave of the Body to return Senate Bill 770 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 770. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, on 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. 1 to Senate Bill 770. 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 770. Mr. Secretary, please read the bill.
Senate Bill 770. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. The bill 171 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 attempts to address a number of issues with regard to Medicaid and ground ambulance service providers. It requires the State to adhere to payment principles of Medicare when processing Medicaid. Requires the State to pay for emergency ambulance based -- services based on a prudent layperson’s standard, mileage based on adherence to statutory and regulatory requirements. Managed care -- excuse me. Provides for a payment methodology that is subject to availability. It establishes the reimbursement rates. And -- and for the purpose of legislative intent, I do have one short statement I’d like to read at the request of the -- the Department of Healthcare and Family Services. For the purpose of the -- of legislative intent, any additional appropriations for subsection (c) and (h) of this bill should be specifically enumerated in future appropriations bill. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Righter, for what purpose do you rise?
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield.
Senator Sullivan, is the Department of Healthcare and Family Services -- have they been involved in these discussions? And if they have a position on this bill, what is that?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan. 172 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
They actually have been involved in the discussions. This is an issue that I’ve been working on for a number of years and -- to try to -- to try to increase the reimbursement rates. As far as their position right now, in committee they were not in support of the legislation with the legislative intent. Their concern was, is they have a line item in the budget where they - - where they disburse money out for this service and other similar type services. Their concern was that -- they wanted this, for the purpose of legislative intent, to -- to specify to help them in the allocation of those revenues if and when this legislation passes.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter, do you have another question?
I do, Mr. President. Thank you. Senator Sullivan, it’s my understanding from the legislation that you have a fee schedule in there that’s based on a percentage of Medicare, that that’s the reimbursement level. But the bill also makes reimbursement along -- the lines of those fee schedule, subject to the availability of the revenue that I’m assuming the General Assembly will put in the line item for DHFS to make that reimbursement. Is that correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Yes.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter. 173 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Last question. Thank you, Mr. President. If the General Assembly puts insufficient funds in that line to reimburse at the fee schedule that’s in the bill, how will that money then be allocated among those claims?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
And that was the reason for the legislative intent, that it would be specifically for ground service providers, ambulance providers.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter, for a second last question.
Thank you, Mr. President. I -- I -- I’m not sure I was clear on my question. If there are, in a given year - let’s just pick a number - a hundred million dollars of claims, based on the fee schedule if this becomes law, and there’s only eighty million dollars available to reimburse, how will that eighty million dollars be allocated among the hundred million dollars of claims? That’s the question. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Thank you. And I -- I’ll try to be more clear this time, Senator. So the legislative intent, the Department it says, will give them the ability to make that discretionary decision. They then make that decision and that’s what they wanted, is the ability to make that decision, and that’s why we have the 174 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 legislative intent.
PRESIDING OFFICER: (SENATOR HARMON) Any further discussion? Senator Pankau, for what purpose do you rise?
Thank you, Mr. President. I -- to -- to the bill: I urge an Aye vote on this bill. Many of our ground ambulance people have their rates determined by when they actually started their business. So you have businesses that go back many, many years, who have been -- in business for many years, and they have a much lower rate than the people that came in five or six or ten years ago. So, this is -- this bill is about putting together a new process of determining what the rates are for everybody. And it is subject to appropriations. We all know there is no money this year, so nothing is going to be going up. But it’s putting in place for these people a systematic method so that people aren’t at different levels. Everybody after a period of time is going to be on the same level. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. There being no further discussion, the question is, shall Senate Bill 770 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting No, none voting Present. And Senate Bill 770, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to turn to the bottom of page 35 on your printed Calendar. At the end of the page is Senate Bill 954. Senator Sullivan. Senator 175 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Sullivan seeks leave of the Body to return Senate Bill 954 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 954. Mr. Secretary, have there been any amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Thank you, Mr. President. This unfortunately comes to -- this legislation came to me from the result of a tragic accident in my district. A young man, twenty-one years old, was killed in a vehicle accident and his parents came to me and -- and wanted to address the situation, where when this man -- young man was killed, the -- the driver of the vehicle - and it was a no-fault accident - but the driver of the vehicle had had a suspended driver’s license. And she had gotten her license back, and there is a designation here in the State of Illinois through the Secretary of State’s Office, it’s called an SR-22 designation, which means it’s a driver that has lost its license -- has lost his or her license, it’s been revocated, and -- but they’ve -- they’ve gotten their license back, but now they’re required to carry this SR-22 designation indicating that there are -- they were a high-risk driver, so to speak. So what this legislation does is -- those high-risk drivers carry the same minimum insurance standards as everybody else in the State of Illinois, the bare minimums. What this legislation does, it says if you are a high-risk driver and if you have this SR-22 designation that -- that you will be required to carry higher 176 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 insurance limits. The current limits are twenty thousand, forty thousand and fifteen thousand. This would increase those to fifty thousand, one hundred thousand and forty thousand for -- only for those -- a portion of those SR-22 drivers that have made the most grievous errors in driving areas -- errors in their -- in their lives. So, I ask for a -- a Aye -- a favorable roll call. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan moves for the adoption of Floor Amendment No. 2 to Senate Bill 954. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 954. Mr. Secretary, please read the bill.
Senate Bill 954. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, do you wish your presentation of the amendment to stand as your presentation of the bill? Is there any discussion? Seeing none, the question is, shall Senate Bill 954 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 177 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 question, there are 38 voting Aye, 12 voting No, 1 voting Present. Senate Bill 954, having received the required constitutional majority, is declared passed. Now on the top of page 36 of your printed Calendar, Senate Bill 956. Mr. Secretary, Senator Sullivan seeks leave of the Body to return Senate Bill 956 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 956. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, on the amendment.
It 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. 1 to Senate Bill 956. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 956. Mr. Secretary, please read the bill.
Senate Bill 956. (Secretary reads title of bill) 178 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Thank you, Mr. President. The current law states that emergency lights on the -- on a fire chief and another fire -- firefighters’ vehicles can only be used while traveling to the scene of an accident. This says that they can be used at the scene of the accidents while they’re stationary.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 956 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 52 voting Aye, none voting No, none voting Present. And Senate Bill 956, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll turn to page 42 of your printed Calendar. Near the bottom of the page is Senate Bill 1150. Senator Sullivan seeks leave of the Body to return Senate Bill 1150 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1150. Mr. Secretary, have there been any amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, on the amendment.
The amendment becomes the bill. I’ll be happy to describe 179 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 it on -- discuss it on 3rd.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan moves for the adoption of Floor Amendment No. 1 to Senate Bill 1150. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1150. Mr. Secretary, please read the bill.
Senate Bill 1150. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Thank you, Mr. President. The legislation requires all universities that classify certain administrative positions exempt from civil service to obtain the approval from the State University Civil Service Merit Board or the executive director. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Schmidt, for what purpose do you seek recognition?
Mr. President, my button’s been on for a while. I -- I wanted to vote differently on a past bill, so I’ll wait. 180 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR HARMON) We’ll get to you between -- between bills. I’m sorry if we’ve been moving quickly here. Senator Cultra, for what purpose do you seek recognition?
Will the sponsor answer some questions, please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he’ll yield.
Would you please explain a little better what -- exactly what this bill does?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Absolutely. Currently, the universities have the ability to reclassify positions within the universities. And they can do that at their own discretion. There has been an abuse of this, as determined by the Merit Board, over the years from all universities, but specifically the most grievous errors have come from the University of -- University of Illinois at Chicago. This will give some teeth to the Merit Board that -- in other words, that the -- that the universities themselves cannot simply reclassify these positions, that the Merit Board would have to okay those positions and/or the executive director.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra.
What would be the advantage of the university to 181 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 misclassify these employees?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
To -- I think that probably the most obvious reason would be to get a -- a position out of a collective bargaining unit.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra.
Now, statewide, has this been a big problem?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
I’m glad you asked the question, Senator, because we had this discussion in -- in committee and I don’t recall if you were in that committee or not, but it has been a problem statewide. As I said earlier, the most -- the most problems have been at the University of Illinois at Chicago. And they have had a number of violations on some of the audits that have been done. Sixty-seven on one, twenty-one on another, seventy- nine violations on another, a hundred and sixty on another. However, every university in Illinois has had violations. And these are recent audits that were done in -- either in 2010 or in 2009. The university -- Governors State, Southern Illinois University, both at Carbondale and at Edwardsville, the Western Illinois University - every university, without exception, has had some violations.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra. 182 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
And, as you said, there was -- there’s an audit done. Is that done annually?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
It -- it’s done every two years.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra.
And what is the purpose of the audit?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
It’s to review those -- those positions that have been moved or changed.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra.
So, in your estimate -- what your saying is you don’t believe that the audit is -- reveals these misclassifications soon enough?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
I’m sorry. Would you repeat the question, Senator Cultra? I didn’t quite understand the question.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra. 183 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
The purpose of the audit is -- is to check to see if there has been some problems or misclassifications. And it’s doing the job that it’s supposed to do, so why do you want to get rid of it?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Excellent question. Actually, what it does, it reveals the problem, but there -- it has no teeth or -- nor no ability to change the -- the misclassification. So they find a problem with it, they can’t even make a change on it. They can’t even correct the problem.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra.
Well, it seems -- the discussion in committee was that it was the UIC where most of the problems had occurred, and this would affect every university that really hasn’t had significant problems. And we felt like you have the audits to -- to show how each university’s doing and that it seems like we got a problem in one area that the -- that these audits found that there was a problem and I think they are moving to fix ‘em, so why do we want to do this to every university when really one university was targeted and the findings were -- error were -- were noted and they’re moving to correct them?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
184 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 And -- and I will repeat what I said earlier. It is a problem at every university, not just UIC, every university. For example, Governors State - eleven violations; University -- of Illinois at Urbana-Champaign - thirty violations at one audit, thirty-three at another; Northeastern - sixteen violations; Illinois State - twenty violations. It is not a problem just at the one campus. It is a problem statewide that is -- it is -- I -- I liken it to putting the fox in charge of the henhouse. Even after they’ve identified the problem, they can’t even correct it.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra.
What -- what you haven’t said is over what period of time are these violations that you’re referring to?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Be happy to tell you. The Governors State was a 2011 audit; the Illinois State was a 2011 audit; the one at Champaign-Urbana was a 2009; Northeastern was a 2010. So, they’re -- they’re all fairly current audits.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra.
Is it just for the -- that particular year, each of those audits, or is it a longer time period? Is that that two-year period?
PRESIDING OFFICER: (SENATOR HARMON) 185 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senator Sullivan.
…can -- they can do more recent audit -- they can do audits more recent than two years, but those other examples are two- year.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cultra.
Thank you. To the bill: There is a problem and I think the universities have acknowledged that. And I think they’re being addressed. I think this bill goes too far. Yet -- it’s - - it’s really an answer looking for a problem.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandack, for what purpose do you rise?
Thank you, Mr. President. Will the sponsor yield for a couple of questions, please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield.
Thank you. Senator Sullivan, we -- we did have a spirited discussion about this matter, but actually we -- we had it first in Higher Ed. At least for purposes of examples brought forth in -- in committee, only UIC was identified as having a problem. Isn’t that correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
In committee, that was the discussion that we had in 186 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 committee. After the committee, because of some of the questions that you raised in committee, we got ahold of the Merit Board Director. We asked him for some information. He has provided this information. And so we obviously have seen and have identified that it -- it is a problem -- university- wide.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandack.
The -- the nature and extent of the problem university system-wide is where I’d like to go with a couple further questions. You identified Governors State University, I believe Northeastern Illinois University, and University of Illinois at Urbana-Champaign based upon a 2011 audit, I believe. Isn’t that correct, Senator?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
I -- I think one was 2010. One was 2011. There’s some from 2009. Yes.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandack.
And I -- thank you, Senator. And I believe you said basically these audits occur on two-year intervals. Isn’t that also the case?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
187 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Yes.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandack.
Thank you, Mr. President. Just a couple more. Well, given that time span, those audits were identified as problematic, and after the audits follow, remedial action is typically supposed to occur. Isn’t that the whole basis of the audit - identifying an issue and then rectifying the issue?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
That is the way it’s supposed to work, but, obviously, it has not worked, because as I said earlier, the Merit Board has no ability to go back and -- and ask them to change those positions. They make the -- they misclassify these positions and they do not have the ability to go back and -- and correct those wrongs.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandack.
Well -- well, a couple things. If we were addressing the Merit Board’s legislation, we could make that a remedy within that legislation, but this goes beyond that. And to the point, Senator, the University of Illinois at Chicago problems, which I think everyone agrees was pretty material, notwithstanding, the new -- the newly identified issues without metrics or benchmarks that occurred in either 2010 or 2011 couldn’t be rectified until now, right?, in -- as we learn about them. So even 188 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 notwithstanding the teeth or non-teeth in the Merit Board legislation, the responding universities would only be doing the remedial actions now. Isn’t that the case?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
With regard to the UIC, that -- their -- their -- their supposed changes to correct the wrongs have been in place for sometime. There’s even been other audits that have taken place since -- since they made those changes. But I want to read a statement from Mr. Morelock. Tom Morelock is the Director of the Merit Board, and I talked to him on the phone yesterday. And -- and here’s what he said. And I quote, he said that the universities have -- that UIC has identified the problem. They put a mechanism in place to address their problem, but they have not anywheres near -- they do not -- they -- they are not anywhere near where they need to be with the results and changing to the level that they should be. So they’ve even -- the university, they said this in committee the other day - you were there - said, oh, we’ve put this mechanism in place. We’re correcting the problem. According to the Director of the Merit Board, they have put a mechanism in place, but they still are not correcting the problem and certainly not at -- at any extent or length to where they should be.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandack.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) 189 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 To the bill, Senator.
Thank you. I -- I appreciate the back and forth with Senator Sullivan and I share his determined issues identified with respect to the mistakes made by the University of Illinois at Chicago. His passion at that discrete problem notwithstanding, this bill is simply overkill. It shoots beyond the goal of rectifying a singular problem; to wit, the newly identified issues at Northeastern, at UIC -- I’m sorry, University of Illinois Urbana-Champaign, at Northeastern, Governors State, et cetera, just became known today. These weren’t issues at committee. And the Merit Board may have given - and I have no doubt, gave Senator Sullivan that information. The Merit Board did not come to our commission -- committee and they did not testify on this matter. In fact, I don’t think they knew about it. This is simply overkill. UIC committed some terrible mistakes with respect to classification of employees. What they did in response after it was -- after this process happened, they fired their human resources person and got a new one; bought a computer software program to better and adequately mark their employees; and have been methodically working on that matter since. To punish the other universities with this overbroad legislation is a big mistake, and I respectfully ask everyone to reconsider the scope of this legislation and to vote it down. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval, for what purpose do you rise?
To the bill, Mr. President. I stand in support of my 190 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 colleague from Rushville, Illinois. You know, it’s very seldom that I and John Sullivan, over the last couple of years, have been on the same page when it comes to many issues affecting the people in his district and the people in my district. But this is an issue that is affecting all the people in the State of Illinois, especially the working people, the -- the workers at all our universities. And this reminds me of that old adage, just -- I’m just -- you’re just a little pregnant. Well, you just can’t be a little pregnant. A violation is a violation. And to the remarks of one of my colleagues on the other side of the aisle that -- who tried to define “significant”, that sounds like, you know, a kind of Bill Clintonesque type of response to, you know, to some of the comments he had made earlier during his troubled time when trying to define the situation. You know, a violation is a violation. And abuse of the performance management system in the Merit Board system is significant. When it’s your husband or it’s your wife or if it’s your child or your cousin being abused by the university administration with -- with tinkering with the performance management system and the personnel regulations, I’m sure you would stand up in support of this bill. Once again, this demonstrates the abuses of the universities of Illinois as it relates to the workers that work very hard to help us educate our children. I want everyone on this side of the aisle to recognize the abuses played upon higher ed, on the workers of Illinois, and I stand in support of SEIU and the people that work at our universities. Vote Aye.
PRESIDING OFFICER: (SENATOR HARMON) Senator Maloney, for what purpose do you seek recognition? 191 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Just to -- to the bill, Mr. President. I think it’s important that we understand a little bit of the history of this issue. I don’t think there’s a bigger cheerleader for higher ed than I am, but this -- this issue goes back to last August and, in Chicago, we had -- held a hearing on this -- this very issue and, at that time, it became pretty apparent what -- to the -- the extent these abuses took place. The university, at that point, said they would act to rectify them, rather than see some sort of legislation force ‘em to rectify it. All right? To -- to my knowledge, nothing was done between then and the -- the Veto Session that we had. At the Veto Session, the same issue was examined and, as far as I know, the results were pretty much the same. We were given promises and -- and that was -- that was the -- the extent of it. During Appropriations hearings the last few months, the Civil Service Merit Board came in. We -- we questioned them about their role in this and what -- if they saw any -- any progress and their -- they indicated that -- that they did not. So this is -- this is a reaction toward a long list of promises and intentions that have not materialized, and that’s why I -- I support the legislation that Senator Sullivan has. It’s -- it’s finally time to make the university -- to put them in the position to -- to act on -- on some of the abuses that have -- to my knowledge, have not been corrected.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Sullivan, do you wish to close? Senator Sullivan.
I just want to say that Senator Maloney made the closing 192 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 statement for me. This is -- this is a piece of legislation. We need to put some teeth in the Merit Board. They need to have the ability if somebody does something wrong to make it right. I don’t care if they do it a hundred times or two times, it needs to be corrected. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Question is, shall Senate Bill 1150 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 34 voting Aye, 18 voting No, none voting Present. Senate Bill 1150, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll turn to the middle of page 52 of your printed Calendars. Senate Bill 1821. Senator Sullivan seeks leave of the Body to return Senate Bill 1821 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1821. Mr. Secretary, have there been any amendments approved for consideration?
Yes. Floor Amendment No. 4, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, on the amendment.
Thank you. The amendment just makes a technical change. I’ll be happy to discuss it on 3rd.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan moves for the adoption of Floor Amendment No. 4 to Senate Bill 1821. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there 193 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1821. Mr. Secretary, please read the bill.
Senate Bill 1821. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. The -- the legislation creates the Carbon Dioxide Transportation and Sequestration Act. Right now -- the State of Illinois, several years ago, made the decision that we wanted to try to use Illinois coal that -- but at the same time, that we wanted to reduce CO2 and other greenhouse gas emissions. We wanted to lower those emissions. And so there has been a number of plans and ideas and thoughts that have been talked about over the year with regard -- over the past several years with regard to plans and ways to use Illinois coal. But we also need to come up with a mechanism to capture that CO2. What this legislation does is creates a mechanism to get the CO2 from point A, which is where it is either, you know, utilized -- used through a chemical reaction or burning or whatever, to point B, which is where it’s either going to be sequestered or it’s going to be used for deep saline injection, which is used a lot down in the Texas 194 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Panhandle. This legislation does that. It says that -- it creates a mechanism for a company to go to the Illinois Commerce Commission to lay out a plan for the -- the Commission to accept or approve or deny that plan. If it’s approved, then to construct the CO2 pipeline. It’s patterned after current legislation with regard to other utilities that go to the Commerce Commission. I will say that what is in this plan is -- is it -- it does have eminent domain powers in there, which is similar to what we do with other utility companies. Mr. President, I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill -- Senator Rezin, are you seeking recognition on this bill?
I am. To the sponsor, I have a question.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates the he’ll yield. Senator Rezin.
Yes, I was looking on the analysis and the Farm Bureau is against it. Could you tell me why, please?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Absolutely. That’s a great question, and I probably should have addressed it in my comments. The Farm Bureau -- we have been working with the Farm Bureau, as well as many, many other players and entities in this legislation. The Farm Bureau, and I think - and another Senator in committee brought this up - 195 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Farm Bureau testified in committee. We’re -- we’re very close to reaching agreement on it, but you have to understand that this does -- obviously, when you’re talking about eminent domain and we’re talking about laying a pipeline, we’re probably going to go across farmland, and there’s some issues with regard to the Farm Bureau that -- we haven’t quite closed that gap. We’re very, very close to doing it. We’re going to continue to work on that bill over in the House as well.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rezin. There being no further discussion, the question is, shall Senate Bill 1821 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, 4 voting No, none voting Present. Senate Bill 1821, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, we’re going to turn back to page 24 of your printed Calendar and pick up where we left off. Near the top of the page is Senate Bill 626. Senator Lauzen. Senator Lauzen. Thank you, Senator. Senate Bill 627. Senator Cullerton. Senate Bill 628. Senator Annazette Collins. With leave of the Body, we’re going to turn to the very beginning of Senate Bills 3rd Reading - the Order on page 3 of your printed Calendars. At the top of the Order of Senate Bills 3rd Reading is Senate Bill 7. Senator Lightford, you wish to proceed? Senator Lightford seeks leave of the Body to return Senate Bill 7 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 7. Mr. Secretary, have there been any amendments approved for 196 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 consideration?
Floor Amendment No. 1, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, on the amendment.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to Senate Bill 7 is identical to Senate Bill 630 that we passed last night. There is two technical drafting corrections that is necessary in regards to the school board member training. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford moves for the adoption of Floor Amendment No. 1 to Senate Bill 7. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, on the amendment.
Mr. President, again, the amendment addresses issues that were just technical in nature, changes needed to be made. It’s identical to the bill we passed last night, Senate Bill 630.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford moves for the adoption of Floor Amendment No. 2 to Senate Bill 7. All in favor will say Aye. Opposed, 197 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 7. Mr. Secretary, please read the bill.
Senate Bill 7. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the entire historic landmark legislation of education reform we all passed last night with two technical changes. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 7 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. And Senate Bill 7, having received the required constitutional majority, is declared passed. President Cullerton, for what purpose do you seek recognition?
198 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Yes, thank you, Mr. President, Members of the Senate. We’ve made great progress in passing a number of bills that are on 3rd Reading. We do have a deadline today for our 3rd Reading, but we haven’t finished and we were trying to end our business today around 2 o’clock. It’s a little bit past 2. So I’m going to suggest that we come back in -- that we extend the deadline on the remaining bills that are on 3rd Reading, as well as the bills that people have are already individually asked to have extended, that we come back in early on May 4th and -- the Tuesday, I believe it’s May 4th. We’ll come back in early. We’ll come right to the Floor and we’ll finish this Order of business of 3rd Reading. That would allow us to pass bills in enough time that they can still be considered in the House and still make the House deadline. So we have -- the remaining bills on the Calendar, we would extend the deadline, that are on 3rd Reading, as well as any individual bills that individual Senators had -- earlier asked to have extended. We’ll come back in at 10 a.m., though, on Tuesday, so we can get that done, because we’re also going to start with our budget process that same day. So, we can then have us adjourn until 10 o’clock on the Tuesday right after Easter.
PRESIDING OFFICER: (SENATOR HARMON) Senator Schmidt, you’ve been patiently waiting to make a point of personal privilege; for what purpose do you rise?
Thank you, Mr. President. I just want to be recorded as a No vote on 954.
PRESIDING OFFICER: (SENATOR HARMON) Record will reflect your intention. 199 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Thank you.
PRESIDING OFFICER: (SENATOR HARMON) The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Will the members of the Committee on Assignments please report to the President’s Anteroom immediately? The Senate will stand at ease. (at ease) The Senate will come to order. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Re-refer from Appropriations I Committee to Assignments - Senate Bills 2404, 2406, 2416, 2423, 2425, 2427, 2428, 2429, 2432, 2433, 2436, 2438, 2439, 2440, 2449, 2451, 2455, 2456, 2464, 2465, 2466, 2467, 2469, 2470, 2471, 2472, 2477 and 2480; re-refer from the Appropriations II Committee to the Assignments Committee - Senate Bills 2409, 2410, 2417, 2418, 2419, 2421, 2422, 2424, 2426, 2441, 2442, 2443, 2448, 2452, 2459, 2460, 2461, 2463, 2473, 2474, 2476 and 2479. Signed by Senator James F. Clayborne, Chairman. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Senate Bills 2404, 2406, 2409, 2410, 2416, 2417, 2418, 2419, 2421, 2422, 2423, 2424, 2425, 2426, 2427, 2428, 2429, 2432, 2433, 2436, 2438, 2439, 2440, 2441, 2442, 2443, 2448, 2449, 2451, 2452, 2455, 2456, 2459, 2460, 2461, 2463, 2464, 2465, 2466, 2467, 2469, 2470, 2471, 2472, 2473, 2474, 2476, 2477, 2479 and 2480. 200 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, you heard the President’s announcement that bills on 3rd Reading that would have been called today will receive a deadline extension. It is our plan to extend those -- the deadline for 3rd Reading of those bills until Wednesday, May 3rd -- May 4th - Wednesday, May 4th. That would exclude at this point President Cullerton’s shell bills and Leader Radogno’s shell bills. But the bills that were postured today for 3rd Reading will have extended deadlines to permit Members to take those up. Senator Righter.
…you, Mr. President. Inquiry of the Chair, if I might.
PRESIDING OFFICER: (SENATOR HARMON) State your inquiry.
I just want to be clear, for our Members, whether or not the extension needs to be requested or that’s going to be done automatically since it’s on the Calendar.
PRESIDING OFFICER: (SENATOR HARMON) We’re going to do it automatically for ease of the Members. It will be a two-day extension, the two Session days when we come right back, to accommodate the delay in the schedule today. There is no need to submit a written request. If you -- if any Member expects that their bill would not be ready to call on those days, the deadline will not extend beyond that without a request. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Mr. 201 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Secretary, have there been any objections filed to any resolution on the Consent Calendar?
No objections have been filed, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the resolutions are adopted. Ladies and Gentlemen of the Senate, we are awaiting the distribution of Senate Supplemental Calendar No. 1, which includes Senate Bills on the Order of 2nd Reading. As that is distributed and the bills are collected, we will adopt the adjournment resolution. On the Order of Resolutions is House -- House Joint Resolution 30. Mr. Secretary, please read the resolution.
House Joint -- I’m sorry. Excuse me. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution No. 30. Offered by Senator Crotty. (Secretary reads HJR No. 30) Adopted by the House, April 15th, 2011. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR HARMON) Senator Crotty moves to suspend the rules for the purpose 202 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 of the immediate consideration and adoption of House Joint Resolution 30. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Crotty moves for the adoption of House Joint Resolution 30. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Ladies and Gentlemen of the Senate, Senate Supplemental Calendar No. 1 has been distributed to the Members’ desks. On that Calendar is the Order of Senate Bills 2nd Reading. Senators Steans and Kotowski, I assume that you want all of your bills advanced from 2nd to 3rd, and we’ll proceed accordingly. At the top of the Order is Senate Bill 2404. Mr. Secretary, please read the bill.
Senate Bill 2404. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2406. Mr. Secretary, please read the bill.
Senate Bill 2406. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2409. Mr. Secretary, please read the bill.
203 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senate Bill 2409. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2410. Mr. Secretary, please read the bill.
Senate Bill 2410. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill -- 2416. Mr. Secretary, please read the bill.
Senate Bill 2416. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2417. Mr. Secretary, please read the bill.
Senate Bill 2417. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 204 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senate Bill 2418. Mr. Secretary, please read the bill.
Senate Bill…
PRESIDING OFFICER: (SENATOR HARMON) I’m sorry, Senator {sic}. I don’t know if I ordered the last one to 3rd Reading. 3rd Reading. Senate Bill 2418. Senator -- Mr. Secretary, please read the bill.
Senate Bill 2418. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2419. Mr. Secretary, please read the bill.
Senate Bill 2419. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2421. Mr. Secretary, please read the bill.
Senate Bill 2421. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 205 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 3rd Reading. Senate Bill 2422. Mr. Secretary, please read the bill.
Senate Bill 2422. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2423. Mr. Secretary, please read the bill.
Senate Bill 2423. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2424. Mr. Secretary, please read the bill.
Senate Bill 2424. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2425. Mr. Secretary, please read the bill.
Senate Bill 2425. (Secretary reads title of bill) 206 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2426. Mr. Secretary, please read the bill.
Senate Bill 2426. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2427. Mr. Secretary, please read the bill.
Senate Bill 2427. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2428. Mr. Secretary, please read the bill.
Senate Bill 2428. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2429. Mr. Secretary, please read the bill. 207 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
Senate Bill 2429. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2432. Mr. Secretary, please read the bill.
Senate Bill 2432. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2433. Mr. Secretary, please read the bill.
Senate Bill 2433. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2436. Mr. Secretary, please read the bill.
Senate Bill 2436. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 208 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2438. Mr. Secretary, please read the bill.
Senate Bill 2438. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2439. Mr. Secretary, please read the bill.
Senate Bill 2439. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2440. Mr. Secretary, please read the bill.
Senate Bill 2440. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2441. Mr. Secretary, please read the bill.
Senate Bill 2441. 209 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2442. Mr. Secretary, please read the bill.
Senate Bill 2442. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2443. Mr. Secretary, please read the bill.
Senate Bill 2443. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2448. Mr. Secretary, please read the bill.
Senate Bill 2448. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2449. Mr. Secretary, please read 210 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 the bill. With leave of the Body, we’ll come back to Senate Bill 2449. Senate Bill 2451. Mr. Secretary, please read the bill.
Senate Bill 2451. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2452. Mr. Secretary, please read the bill.
Senate Bill 2452. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2455. Mr. Secretary, please read the bill.
Senate Bill 2455. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2456. Mr. Secretary, please read the bill.
Senate Bill 2456. 211 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2459. Mr. Secretary, please read the bill.
Senate Bill 2459. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2460. Mr. Secretary, please read the bill.
Senate Bill 2460. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2461. Mr. Secretary, please read the bill.
Senate Bill 2461. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2463. Mr. Secretary, please read 212 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 the bill.
Senate Bill 2463. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2464. Mr. Secretary, please read the bill.
Senate Bill 2464. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2465. Mr. Secretary, please read the bill.
Senate Bill 2465. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2466. Mr. Secretary, please read the bill.
Senate Bill 2466. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 213 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2467. Mr. Secretary, please read the bill.
Senate Bill 2467. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2469. Mr. Secretary, please read the bill.
Senate Bill 2469. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2470. Mr. Secretary, please read the bill.
Senate Bill 2470. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2471. Mr. Secretary, please read the bill.
214 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 Senate Bill 2471. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2472. Mr. Secretary, please read the bill.
Senate Bill 2472. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2473. Mr. Secretary, please read the bill.
Senate Bill 2473. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2474. Mr. Secretary, please read the bill.
Senate Bill 2474. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 215 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 3rd Reading. Senate Bill 2476. Mr. Secretary, please read the bill.
Senate Bill 2476. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 2477. Mr. Secretary, please read the bill. Mr. Secretary, we’ll return to that with leave of the Body. Continuing on the Order of 2nd Bills -- Senate Bills 2nd Reading. 2479. Mr. Secretary, please read the bill.
Senate Bill 2479. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. I’m sorry. Take that out of the record and restore that to the Order of 2nd Reading. Senate Bill 2479, out of the record; restored to the Order of 2nd Reading. At the top of the third and final page of the Supplemental Calendar is Senate Bill 2480. Mr. Secretary, please read the bill.
Senate Bill 2480. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 216 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day 4/15/2011 3rd Reading. Ladies and Gentlemen of the Senate, we’ll return to the middle of the second page of the Supplemental Calendar. We have Senate Bill 2449. Mr. Secretary, please read the bill.
Senate Bill 2449. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Continuing at the bottom of the page, we have Senate Bill 2477. Mr. Secretary, please read the bill.
Senate Bill 2477. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m. on the 3rd day of May, 2011. The Senate stands adjourned. 217