PRESIDING OFFICER: (SENATOR SULLIVAN) The regular Session of the 97th General Assembly will please come to order. Will the Members be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Reverend James Johnson, Monroe Street Christian Church, Springfield, Illinois. Reverend Johnson.
(Prayer by the Reverend James Johnson)
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Please remain standing for the Pledge of Allegiance. Senator Jacobs, to lead us in the Pledge.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Monday, May 16th, 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, Resolutions.
1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senate Resolution 239, offered by Senator Harmon and all Members. Senate Resolution 240, offered by Senator Link and all Members. Senate Resolution 241, offered by Senator Link and all Members. They are death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar. Ladies and Gentlemen, will all Members within the sound of my voice please come to the Senate Floor? We’re going to be going to substantial action here shortly. All Members please come to the Senate Floor. Ladies and Gentlemen, we’re going to -- if you will turn to page 76 in the printed Calendar, the Order -- to the Order of House Bills 2nd Reading. The bottom of page 76 is House Bill 79. Senator Syverson. Senator Syverson, on House Bill 79. Out of the record. House Bill 186. Leader Radogno. Out of the record. Turning to the top of page 77 of the printed Calendar is House Bill 190. Senator Righter. Senator Dale Righter. Out of the record. House Bill 220. Senator Dillard. Senator Dillard, on House Bill 220. Out of the record. House Bill 224. Senator Steans. Senator Steans, on House Bill 224. Out of the record. House Bill 230. Senator Koehler. Senator Dave Koehler, on House Bill 230. Out of the record. House Bill 237. Senator Holmes. Senator Linda Holmes. Madam Secretary, please read the bill.
House Bill 237. (Secretary reads title of bill) 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SULLIVAN) Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Continuing on the Calendar is House Bill 242. Senator Koehler. Senator Dave Koehler. Out of the record. House Bill 263. Senator Millner. Senator John Millner. Out of the record. House Bill 332. Senator Muñoz. Madam Secretary, please read the bill.
House Bill 332. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 466. Senator Kotowski. Senator Dan Kotowski, on House Bill 466. Out of the record. House Bill 711. Senator Muñoz. Madam Secretary, please read the bill.
House Bill 711. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Next on the Calendar is House Bill 1079. 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Christine Johnson. Out of the record. House Bill 1129. Senator Haine. Senator Bill Haine, on House Bill 1129. Out of the record. House Bill 1149. Senator Wilhelmi. Senator Wilhelmi, on House Bill 1149. Out of the record. House Bill 1163. Senator Jacobs. Mike Jacobs, on House Bill 1163. Out of the record. Ladies and Gentlemen, if you will turn to the top of page 78 of the printed Calendar, and it’s House Bill 1195. Senator Bivins, on House Bill 1195. Madam Secretary, please read the bill.
House Bill 1195. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SULLIVAN) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Continuing on the Calendar is House Bill 1197. Senator Emil Jones. Senator Emil Jones, on 1197. Out of the record. House Bill 1215. Senator Crotty. Out of the record. House Bill 1228. Senator Mulroe. Madam Secretary, please read the bill.
House Bill 1228. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 1241. Senator Martinez. Iris Martinez, on House Bill 1241. Out of the record. House Bill 1253. Senator Martinez. Out of the record. House Bill 1284. Senator Haine. Senator Bill Haine, on House Bill 1284. Out of the record. House Bill 1293. Senator Schoenberg. Senator Schoenberg, on House Bill 1293. Out of the record. House Bill 1297. Senator -- Leader Clayborne. Leader Clayborne, on House Bill 1297. Out of the record. House Bill 1298. 1298. Senator Annazette Collins. Senator Collins. Out of the record. House Bill 1320. Senator Millner. House Bill 1320. Senator Millner’s the sponsor, but Senator Althoff is the chief cosponsor. And, Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. I do have permission from the sponsor, who will be absent all week due to a family emergency, to move this bill to 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Althoff, requests permission to move this bill to 3rd. Madam Secretary, please read the bill.
House Bill 1320. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Continuing on the Calendar is House Bill 1324. Senator Koehler. Madam Secretary, please read the bill. 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 1324. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 1339. Leader Clayborne. Madam Secretary, please read the bill.
House Bill 1339. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. At the bottom of page 78 is House Bill 1398. Senator LaHood, on 1398. Out of the record. Ladies and Gentlemen, if you will turn to the top of page 79 of the printed Calendar, continuing on the Order of House Bills 2nd Reading is House Bill 1415. Senator Meeks. Senator James Meeks. Madam Secretary, please read the bill.
House Bill 1415. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 1470. Leader Clayborne, on House Bill 1470. Out of the record. House Bill 1476. Senator Delgado, on House Bill 1476. Out of the record. House Bill 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 1484. Senator Righter. Senator Dale Righter, on 1484. Madam Secretary, please read the bill.
House Bill 1484. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 1490. Senator Martinez, on House Bill 1490. Out of the record. House Bill 1526, with leave of the Body, we will return to. House Bill 1547. House Bill 1547. Senator Hunter. Madam Secretary, please read the bill.
House Bill 1547. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd -- oh, I’m sorry. Are there any further -- are there any Floor amendments approved -- further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Senator Murphy, for what purpose do you rise?
Purpose of announcement, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your announcement. 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
Just that Senator Millner, as was previously alluded to, is home due to a family medical emergency and will not be here today. We just ask that the record so reflect and that his absence be deemed excused.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Murphy. It will so reflect. Ladies and Gentlemen, we’re in the middle of page 79 of the printed Calendar. And House Bill 1571. Senator Steans. Madam Secretary, please read the bill.
House Bill 1571. (Secretary reads title of bill) 2nd Reading of the bill. The Committee Public Health adopted Amendment No. 2.
PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 1576. Senator Koehler. Senator Dave Koehler, on House Bill 1576. Out of the record. House Bill 1600. Senator Trotter. Senator Donne Trotter, on House Bill 1600. Out of the record. House Bill 1656. Senator Hunter, on 1656. Out of the record. House Bill 1670. Senator Crotty. Out of the record. House Bill 1703. Senator Clayborne. Leader Clayborne, on 1703. Out of the record. At the bottom of page 79 is House Bill 1723. With leave of the 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Body, we will return to that later. Ladies and Gentlemen, if you’ll turn to the top of page 80 of the printed Calendar, still on the Order of House Bills 2nd Reading is House Bill 1730. Senator Hutchinson. Senator Toi Hutchinson. Out of the record. House Bill 1870. Senator Bill Haine. Madam Secretary, please read the bill.
House Bill 1870. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance adopted Amendment No. 2.
PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 1929. Senator Wilhelmi. Senator A.J. Wilhelmi. Out of the record. House Bill 2073. 2073. Senator Silverstein. Senator Silverstein. Out of the record. House Bill 2089. 2089. Senator McCann. Out of the record. House Bill 2095. Senator Noland. Senator Mike Noland. Out of the record. House Bill 2249. Senator Haine. Senator Bill Haine, on 2249. Madam Secretary, please read the bill.
House Bill 2249. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 2259. Senator Crotty. Out of the record. House Bill 2267. Senator LaHood. Senator LaHood, on 2267. Out of the record. House Bill 2554. Senator Syverson. Senator Syverson. Madam Secretary, please read the bill.
House Bill 2554. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 2555. Senator Wilhelmi. Senator Wilhelmi, on 2555. Out of the record. House Bill 2858. Senator Althoff. Madam Secretary, please read the bill.
House Bill 2858. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 2938. Senator Sandoval. Senator Sandoval. Out of the record. House Bill 3025. 3025. Senator Maloney. Senator Ed Maloney. Out of the record. House Bill 3034, on the bottom of page 80. Senator Wilhelmi. Senator Wilhelmi. Out of the record. Ladies and Gentlemen, if you’ll turn to the top of page 81 of the Calendar to the -- to House Bill 3131. Senator Pankau. Out of the record. House Bill 3188. Senator Frerichs. Senator Frerichs. Out of the record. House Bill 3244. Senator Dillard. Senator Dillard, on House 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Bill 3244. Out of the record. House Bill 3256. Senator LaHood. Out of the record. House Bill 3285. Senator Collins. Jacqueline Collins, on 3285. Madam Secretary, please read the bill.
House Bill 3285. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, House Bill 3372. Senator Koehler. Out of the record. House Bill 3411. Senator Rezin. Senator Rezin, on 3411. Madam Secretary, please read the bill.
House Bill 3411. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Next on the Calendar is House Bill 3425. Leader Clayborne. Madam Secretary, please read the bill.
House Bill 3425. 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 3440. Senator Emil Jones. Senator Jones, on House Bill 3440. Out of the record. House Bill 3636. Senator Mulroe. Senator John Mulroe. Madam Secretary, please read the bill.
House Bill 3636. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Thank you. On behalf of the Joint Legislative Task Force on Turkish-Illinois {sic} (Illinois-Turkish) Relations, the Niagara Foundation and the Turkish American Federation of the 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 {sic} Midwest, I would like to invite everyone here, including your secretaries and staff, to attend the Intercultural Reception, celebrating the bonds of friendship, business and culture between Turkey and the State of Illinois, tomorrow in the Secretary of State’s Office, in Room 213, from 5:30 to 7:30. Thank you very much.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Althoff. Ladies and Gentlemen, with leave of the Body, please turn back to page 77 in the printed Calendar, to the bottom of page 77, is House Bill 1129. Senator Haine. Madam Secretary, please read the bill.
House Bill 1129. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, with leave of the Body, please turn to the middle of page 78 in the printed Calendar, and that’s House Bill 1284. Senator Haine. Madam Secretary, please read the bill.
House Bill 1284. (Secretary reads title of bill) 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, we’re about to go to the Order of 3rd Reading, House Bills 3rd Readings, final passage. Will all Members please come to the Senate Floor? We’re going to the Order of 3rd Readings on House Bills. Ladies and Gentlemen, on page 58, the middle of page 58, of the printed Calendar, on the Order of House Bills 3rd Reading. This is final action. In the middle of page 58 is House Bill 21. Senator Bivins. Madam Secretary, please read the bill.
House Bill 21. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
Thank you -- thank you, Mr. President. HB 21 provides that a person also commits the offense of drug-induced homicide by causing another person’s death through absorption of an unlawfully delivered controlled substance. I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 21 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, 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 21, having received the required constitutional majority, is declared passed. House Bill 78. Senator Frerichs, on House Bill 78. Out of the record. House Bill 83. Senator Annazette Collins. House Bill 83. Senator Collins. Out of the record. House Bill 93. Senator Garrett. Senator Susan Garrett, on House Bill 93. Madam Secretary, please read the bill.
House Bill 93. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
Yes, thank you very much, Mr. President. House Bill 93 requires the Office of the Auditor General to establish and maintain a toll-free telephone hot line so that the public may call in allegations of fraud in the Executive Branch. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 93 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. House Bill 93, having received the required constitutional majority, is declared passed. House Bill 103. Senator Garrett. Madam Secretary, please read the bill. 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 103. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
Yes, thank you again, Mr. President. House Bill 103 requires the Department of Public Health to post on its website the report required under the federal Patient Protection and Affordable Care Act. The report contains gifts that the pharmaceutical and medical device industries make to doctors which may include gifts, food, travel, and speaking or consultant fees. Be happy to answer questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Garrett. Is there -- is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Righter.
Thank you, Mr. President. Senator Garrett, the report that’s required by federal law that you’ve referenced in your bill, is that a reporting in the aggregate or is that specific physician by physician? I mean, will my constituents, if -- if this becomes law and they go on the website, will they see a -- information that just says, in 2010, this many millions of dollars was gifted to physicians in Illinois for all these 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 different categories, or will they be able to go on there and say, okay, I want to know if my particular physician - maybe put in a search of a name of a doctor and find out exactly who gave ‘em what? What -- what form will this be in?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
Yes, thank you very much, Senator. I don’t have the exact answer to this, because this is a replica of the federal bill, but the way I understand it, it is the pharmaceutical industry that has to report on specific physicians and what kind of gifts they’ve provided, if any at all, obviously.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
How often are they required to report this information? I mean, because there are going to be physicians back home, in your district and mine, who are going to say, am I going to be put on this website and how do I know that this information is accurate; it’s coming from someone else.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
My guess is that the Department of Public Health will provide the oversight for this. And, again, this is just a replica of what is happening at the federal level. So all those details, we can refer to the federal provision, and I can get you some of those answers later, but it -- those details are not contained in this particular bill. 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Jacobs, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Jacobs.
Good morning, Senator. So if someone provides a doctor with a ten-dollar gift, then they have to report that on a special computer where everybody can see where they could be being influenced for this ten-dollar gift that they’ve gotten, or dinner or breakfast or… I guess the question I have, Senator -- is that -- is that correct, first?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
Yes, thank you. Again, the way I understand it - just like our lobbyists here in Springfield have to report - this is a -- a replica of what, at the federal level, was passed; that the pharmaceutical and medical device industries have to report the type of gifts, if any, that are provided to physicians or physician groups.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
I think your bill is well-intended and I think it -- it makes some sense on -- on some levels. But I have to tell you, I just don’t know what business it is of -- of ours to -- to be 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 policing the doctors and -- and the pharmaceutical industry. It just seems to me that we’ve got a lot bigger fish to fry. I’ll probably be the lone vote against this, but I -- I just don’t like the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Further discussion? Seeing none, the question is, shall House Bill 103 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 40 voting Aye, 10 voting Nay, 0 voting Present. House Bill 103, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, at the bottom of page 58 of the printed Calendar is House Bill 105. Senator Delgado. Madam Secretary, please read the bill.
House Bill 105. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.
Thank you, Mr. President, Members of the Senate. House Bill 105 creates the Patients’ Right to Know Act which requires the Department of (Financial and) Professional Regulation to publish profiles of licensed physicians including information that will assist health care consumers in making informed choices about their primary and specialty health care providers. The bill repeals current law concerning physician profiles. 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Several states operate the same type of profiling systems in -- in this bill that include medical malpractice and disciplinary information. Those states with comprehensive profiles include California, Florida, Idaho, Massachusetts, Oregon, Rhode Island and Washington. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 105 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. House Bill 105, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, if you will turn to the top of page 59 of the printed Calendar, on the Order of House Bills 3rd Reading is Senate Bill -- excuse me, House Bill 106. Senator Trotter. Madam Secretary, please read the bill.
House Bill 106. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Trotter.
Thank you very much, Mr. President, Members of the Senate. House Bill 106 amends the Abandoned Newborn Infant Protection Act to redefine a “police station” to include a police department situated on campuses, colleges, universities, private 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 colleges, private universities, as well as district headquarters of Illinois State Police.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House 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 who wish? Madam Secretary, take the record. On that question, there are 48 voting Aye, 5 voting Nay, 0 voting Present. House Bill 106, having received the required constitutional majority, is declared passed. House Bill 132. Senator Steans. Out of the record. House Bill 144. Senator Althoff. Madam Secretary, please read the bill.
House Bill 144. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff.
Thank you, Mr. President. Senate {sic} Bill 144 permits municipalities to dissolve a police or fire pension fund if, in fact, there are no liabilities, participants, or beneficiaries. There is also a clause in the bill that requires them to reinstate those -- that fund, in fact, if they do have active participants at a later date.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 144 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 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. House Bill 144, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, House Bill 147. Senator Hutchinson. House -- House Bill 147. Out of the record. House Bill 156. Senator Schmidt. Madam Secretary, please read the bill.
House Bill 156. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schmidt.
Thank you, Mr. President. This is a bill that gives thirty days’ notice to anyone that is erecting a new telecom tower, and the notice will go to the State Senator in the area, the State Representative, and the county board members for the district that the telecom is building the facility in. I do note -- not know of any opposition to this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 156 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 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Nay, 0 voting Present. House Bill 156, having received the required constitutional majority, is declared passed. House Bill 159. 159. Senator Jacqueline Collins. Madam Secretary, please read the bill.
House Bill 159. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 159 replicates Senate Bill 87, and basically what it does -- this is an agreed-upon bill. It’s negotiated between the Department of Financial and Professional Regulation and the currency exchange industry representatives. It updates application fees to better reflect industry standards and costs. The fees have not been increased for the -- over the last twenty years. It also prohibits tax refund anticipation loan products in currency exchanges and expands consumer-based services that a currency exchange may offer to the community. I’m open for any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. 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. 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 SENATOR McCARTER: First, let me say to Senator Collins, thank you for working on the bill and -- and being so open for discussion within the committee. We -- we did talk at length about who would actually bear the burden of these increased fees. And I -- I think we did determine that increased fees to any industry always comes to the consumer, ultimately, no matter how you do it, but in this case, the -- the -- the groups representing those who will -- these fees are being placed on made the statement in our committee that -- that this was okay with them. Believe it or not, they -- they felt that these fees were fair. So I just -- I just -- you know, it’s -- leave it to your discretion as -- as you -- as you wish to vote, but this was brought up and spoke about in depth, the groups said that they were okay with these fees being put on their members. And, although, this -- I think this is a rare situation, you need to know that there are increased fees that the consumer will bear, but their organizations asked for it. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Any further discussion? Any further discussion? Seeing none, Senator Collins, do you wish to close? Senator Collins.
I just thank Senator McCarter for those comments. And just remind the Members here that in -- in fact, that it has the support -- this bill has the support of the Illinois Attorney General and Citizen Action, Woodstock Institute, and I know that they fight on behalf of consumers. So I’d just appreciate an affirmative vote. Thank you. 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. The question is, shall House Bill 159 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 36 voting Aye, 20 voting Nay, 0 voting Present. House Bill 159, having received the required constitutional majority, is declared passed. On the middle of page 59 of the Calendar is House Bill 167. Senator Kotowski. Madam Secretary, please read the bill.
House Bill 167. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 167 makes it illegal to intentionally discharge a laser at an aircraft that is in the process of taking off, in flight, or is landing. More than happy to answer your questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 167 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 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Nay, 0 voting Present. House Bill 167, having received the required constitutional majority, is declared passed. House Bill 173. Senator Cultra. Madam Secretary, please read the bill.
House Bill 173. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra.
Thank you, Mr. President. House Bill 173 is not something that I would normally sponsor. I -- I really usually don’t care for these license plate bills. But in this case, the Army, the Navy, the Marines already have plates; this bill would provide that the U.S. Air Force plates would be issued. It would also create the Octavio {sic} (Octave) Chanute Aerospace Heritage Fund, whereabouts the money from the selling of these license plates would go to the museum in Rantoul. And I would yield for any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 173 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, 2 voting Nay, 0 voting Present. House Bill 173, having received the required constitutional majority, is declared passed. House 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Bill 176. Senator Mulroe. Madam Secretary, please read the bill.
House Bill 176. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.
Thank you, Mr. President, Members of the Senate. House Bill 176 amends the State Finance Act and -- and creates the Illinois Department of Corrections Parole Division Offender Supervision Fund. The fund would be created -- or to be used by the Department of Corrections for operation and -- operations and initiatives to supervise paroled offenders. The fund would be funded from money collected through a new fine imposed against any person convicted of a crime who was on parole or mandatory supervised release at the time of the commission of the crime. I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any questions? Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 176 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 176, having received the required constitutional majority, is declared passed. House Bill 177. Senator Koehler. Madam 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Secretary, please read the bill.
House Bill 177. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Thank you, Mr. President, Members of the Senate. House Bill 177 states that paper copies of registration records shall not be considered public records once the information contained on the paper record has been transferred to a secure digital medium. This is a cost-savings measure by the Chicago Public Libraries and the Illinois Library Association. I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 177 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, please take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 177, having received the required constitutional majority, is declared passed. House Bill 179. Senator Maloney. Madam Secretary, please read the bill.
House Bill 179. (Secretary reads title of bill) 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney.
Thank you, Mr. President, Members of the Senate. This is an initiative by the Illinois Library Association. It really does three things: It allows the -- the local libraries to file their annual report -- fiscal report sixty days rather than thirty days after the -- with the Secretary of State after the end of their fiscal year. This is a -- change is supported by the Secretary of State. The second thing it does is simply a technical amendment. It deletes an obsolete reference to a statute that no longer exists. And, finally, it requires -- a personal bond on the treasurer is an outdated approach. When -- this bond was required when the treasurer personally handled the cash or funds of the library. This is simply obsolete. And this would be -- this is permissive and it would save some money as well. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 179 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. House Bill 179, having received the required constitutional majority, is declared passed. House Bill 180. Senator Wilhelmi. Out of the record. House Bill 192. Senator Righter. Senator Righter, on 192. Madam 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Secretary, please read the bill.
House Bill 192. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill 192 is an initiative of the Illinois Attorney General and the Coalition Against Sexual Assault. It’s an attempt to deal with a -- a situation that unfortunately is becoming more prevalent in Illinois, and that is where, in cases that would fall under the no contact order or the civil no contact order or the Domestic Violence Act, the petitioner and the respondent - so, the alleged victim and the alleged perpetrator - go to the same elementary, secondary school. And it sets forth what the court must consider in dealing with the situation and the available remedies that the court can order. It also sets forth various burdens of proof, depending on the -- the point in the process we are. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 192 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 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Nay, 0 voting Present. House Bill 192, having received the required constitutional majority, is declared passed. The bottom of page 59 is House Bill 195. Senator Link. Madam Secretary, please read the bill.
House Bill 195. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Thank you, Mr. President. House Bill 195 would disqualify anyone who resigns or is convicted of a disqualifying crime from holding office as a township officer or member of a township board. This bill defines the offense that -- qualifying as a disqualifying crime. Be more than happy to answer any question. There is no opposition to the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 195 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. House Bill 195, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, if you will turn to the top of page 60 of the printed Calendar, to the Order of House Bills 3rd Reading, is House Bill 200. Senator Raoul. Madam Secretary, please read 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 the bill.
House Bill 200. (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. House Bill 200 is identical to Senate Bill 150, which we passed out of here several weeks ago. It deals with traumatic head injury in youth athletics. It encourages park districts to make use of educational materials provided by the Illinois High School Association and mandates that school districts gain access and use such materials and educate coaches and parents with regards to these guidelines.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Luechtefeld, for what purpose do you rise?
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Luechtefeld.
Senator, there were, I think, three different concussion bills floating around here. Is -- is this - and -- and, of course, the one that was sent over to the House - is this connected to the IHSA recommendations?
PRESIDING OFFICER: (SENATOR SULLIVAN) 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Raoul.
Yes, this is the same bill that we voted on before and passed out to the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Seeing none, the question is, shall House Bill 200 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. House Bill 200, having received the required constitutional majority, is declared passed. House Bill 204. Leader Radogno. Madam Secretary, please read the bill.
House Bill 204. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Radogno.
Thank you, Mr. President. This legislation represents an attempt to keep our HIV and AIDS laws up to date by eliminating the specific reference to tests that can be used to determine HIV or AIDS and provides that the confirmatory test shall be based on the recommendations of the CDC. I’d be happy to try to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Delgado, for 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 what purpose do you rise?
Thank you, Mr. President. Just to inform the Members this bill came out unanimously with leave out of our committee. And would be looking for affirmative votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Any further discussion? Seeing none, the question is, shall House Bill 204 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. House Bill 204, having received the required constitutional majority, is declared passed. House Bill 212. Senator Hutchinson. House Bill 212. Madam -- out of the record. House Bill 233. Senator Holmes. Madam Secretary, please read the bill.
House Bill 233. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.
Thank you so much, Mr. President. This is probably one of my most important pieces of legislation this Session. In the House, this bill passed unanimously. It’s to increase the penalty of aggravated battery when it intentionally or knowingly caused great bodily harm or permanent disability or disfigurement and involved the infliction of torture from a 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Class 3 felony to a Class 1 felony. In committee, Rebecca Mercado came in. She told her story about the two-day-long torture and repeated beatings she suffered at the hands of her then husband in front of their three young children. It’s a story that’s a little difficult to forget and it’s impossible to listen to. So I’m proud to introduce this legislation on her behalf. And I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Holmes. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 233 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. House Bill 233, having received the required constitutional majority, is declared passed. House Bill 234. Senator Murphy. Madam Secretary, please read the bill.
House Bill 234. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
Thank you, Mr. President. House Bill 234 changes the application date for open spaces valuation from January 31 to June 30 outside of Cook County. It is a step to alleviate pressure on assessors, make it a little more orderly process. 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Passed without opposition in the House and was unanimously supported in committee. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Lauzen, for what purpose do you rise?
Just a question for the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Lauzen.
I’m trying to go through the analysis quickly. What’s the effective date of the legislation?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
Thank you for the question. The 2011 tax year payable in 2012. There had been -- some consideration of a 2010 effective date. We never adopted an amendment to try and make that change, so it remains the 2011.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Any further discussion? Seeing none, the question is, shall House Bill 234 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. House Bill 234, having received the required constitutional majority, is declared passed. House Bill 248. Senator Garrett. Indicates she’d like to proceed. Madam Secretary, please read the bill. 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 248. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
Yes, thank you very much, Mr. President and Members of the State Senate. House Bill 248 changes the date on which the five elected trustees of the North -- North Shore Sanitary District take office from the first Monday in December to the second Wednesday in December following a general election. This bill also adds to the list of powers granted the sanitary district, giving it the additional power to sell treated wastewater such as -- such an agreement may last only twenty years. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Steans, for what purpose do you rise? Okay. Any further discussion? Senator Steans? Yes. Senator Steans, please.
No, I wanted to make a point of personal privilege. I’m sorry.
PRESIDING OFFICER: (SENATOR SULLIVAN) That’s quite all right. We’ll come back to you in just a second. Is there any discussion on House Bill 248? Seeing none, the question is, shall House Bill 248 pass. All those in favor will vote Aye. Opposed, Nay. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 248, having received the required constitutional majority, is declared passed. Senator Steans, for what purpose do you rise?
Yes, on a point of personal privilege, please, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Yes, I wanted to introduce the Members of the Senate to our new State Representative, Kelly Cassidy. As you know, Harry Osterman became sworn in as an alderman yesterday. Kelly Cassidy - we are thrilled - is replacing him as our new State Representative, so she’s representing the 14th District. She’s been with the State’s Attorney’s for fourteen years prior to this, working with Anita Alvarez and -- and folks before that. She’s also headed up the National Organization of {sic} (for) Women. Been a real advocate on women’s issues, as well as LGBT issues. And I just wanted everyone to have a chance to come and introduce themselves to Kelly Cassidy, who’s going to do a great job here.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you very much. And welcome to the Illinois Senate. Welcome to the General Assembly. Glad to have you on board. Ladies -- Ladies and Gentlemen, in the middle of page 60 of the Calendar is House Bill 268. Senator Raoul. Senator Raoul. Madam Secretary, please read the bill. 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 268. (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. House Bill 268 creates a Local Government Consolidation Commission, responsible for a study of all laws governing the organization, powers, jurisdiction, and functions of local governments in Illinois, as well as a study of inter- relationships of local governments to each other and to the federal and State governments. At the conclusion of the Commission’s work, it is to make specific recommendations to the General Assembly for legislation to improve Illinois’ systems of local governments through increased efficiencies and elimination of duplication.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 268 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 48 voting Aye, 2 voting Nay, 0 voting Present. House Bill 268, having received the required constitutional majority, is declared passed. Next on the Calendar is House Bill 274. Senator Althoff. Madam Secretary, please read the bill. 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 274. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff.
Thank you, Mr. President. House Bill 274 amends the Illinois Dental Practice Act. It allows the Department of Finance {sic} (Financial) and Professional Regulation to use the probationary status concerning a person licensed under the Act as grounds for disciplinary action. This language actually mirrors almost every other licensed occupational statute.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 274 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. House Bill 274, having received the required constitutional majority, is declared passed. House Bill 275. Senator Wilhelmi. Senator Wilhelmi indicates he’d like to proceed. Madam Secretary, please read the bill.
House Bill 275. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator A.J. Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 275 amends the Children and Family Services Act by adding a new Section which bans DCFS from employing individuals who have been declared a sexually dangerous person under the Sexually Dangerous Persons Act or who have been convicted of certain crimes listed under the Child Care Act. I know of no opposition and I ask for your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 275 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. House Bill 275, having received the required constitutional majority, is declared passed. House Bill 276. Senator Bivins. Madam Secretary, read the bill.
House Bill 276. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
Thank you, Mr. President. HB 276 provides that a warden of a county jail can remove a prisoner or group of prisoners to another confined location within the county, or to the jail of 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 another county, if the warden determines the security of the penal institution is threatened or the lives or health of the prisoners are endangered. I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 276 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 276, having received the required constitutional majority, is declared passed. House Bill 277. Senator Mulroe. Out of the record. House Bill 279. Senator Delgado. Madam Secretary -- Senator Delgado seeks leave of the Body to return House Bill 279 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 279. Madam Secretary, are there any House -- are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Delgado.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado, on the amendment.
Yes, thank you, Mr. President, Members of the Senate. I could explain it on 3rd. It’s a technical amendment adding that the Illinois Department of Human Rights would be the agency.
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, 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 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 -- okay. We’re going to continue on the Calendar to the Order of House Bill 286. House Bill 286. Senator Delgado. Madam Secretary, please read the bill.
House Bill 286. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.
Thank you, Mr. President and Members of the Senate. House Bill 286 creates the Administration of Psychotropic Medications to Children Act, which requires the Department of Children and Family Services, on or before October 1st, 2011, to update the existing administrative rules governing the standards and procedures for administering psychotropic medications. And Department must submit an annual report detailing the administration of psychotropic medications to the children under its care. It should be known, Mr. President, that the Psychiatric Society wanted - for legislative intent, and I totally agree with them - that this committee will -- in addition, the committee will be staffed with mental health professionals. The bill is simply allowing the agency - DCFS - 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 to amend their -- their rules to reflect the current practice administered throughout that -- that Act. But for legislative intent, we will make sure that that committee has mental health professionals. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 286 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. House Bill 286, having received the required constitutional majority, is declared passed. Continuing on the Calendar is House Bill -- we’re going to the top of page 61 of the printed Calendar, House Bills 3rd Reading, is House Bill 297. Senator Raoul. Madam Secretary, please read the bill.
House Bill 297. (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. House Bill 297 amends the Task Force for {sic} (on) Inventorying Employment (Restrictions) Act by providing that the Task Force must evaluate employment restrictions based on criminal records in the report to the Governor and the General 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Assembly. The bill also states that the eight members appointed to the Task Force by Leaders of the General Assembly must themselves be Members of the General Assembly. In addition, it adds the Director of the Illinois Criminal Justice Information Authority to the Task Force.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 297 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. House Bill 297, having received the required constitutional majority, is declared passed. House Bill 298. Senator Lightford. Out of the record. House Bill 299. Leader Radogno. Madam Secretary, please read the bill.
House Bill 299. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Radogno.
Thank you, Mr. President. This is another update to the HIV/AIDS laws in the State. It will require that information concerning HIV/AIDS contain the CD4 and HIV viral load levels. It also removes the requirement that cases be referred to by code and requires they be referred to by name. And that is a requirement of the federal government, which is why we are doing 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 that. I’d be happy to try to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 299 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. House Bill 299, having received the required constitutional majority, is declared passed. House Bill 308. Senator Link. Out of the record. House Bill 350. Senator Muñoz. Out of the record. House Bill 363. Senator Harmon. Out of the record. House Bill 390. Senator Luechtefeld. Oh! Sorry. That’s correct. It is actually Senator Forby on 390. Senator Forby, do you wish to proceed? Indicates that he would like to. Please read the bill.
House Bill 390. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby is the sponsor of the bill. Senator Forby.
Yes, would you look at Mr. Luechtefeld over there? I got more hair than he does. Anyway, this is a -- a jobs bill. House Bill 390 will allow Knight Hawk Coal to surface mine a two hundred and forty acre parcel of their land next to Pyramid State Park, which they have twenty thousand acres. This bill is -- also authorizes IDNR to lease the park -- park property to be 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 used during the mining. After the mining operation is over, Knight Hawk Coal will reclaim {sic} the property to IDNR specifications. So they’ll go back in there and restate {sic} the park - fix it all back up, fix ponds, wetlands and everything. So this will make the park, when they get done, what it should be. It should be one of the biggest parks in -- in Southern Illinois. And I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator McCann, for what purpose do you rise? SENATOR McCANN: Thank you, Mr. President. To the bill. I’d like…
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator McCann. SENATOR McCANN: I would like to respectfully report that House Bill 390 enjoyed unanimous support in the Agriculture Committee. It’s a fantastic bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Lauzen, for what purpose do you rise?
A question for the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Lauzen.
You know, before the euphoria takes over on this bill, just wanted to ask about -- there was -- there seemed to be significant opposition. About a third of the House voted 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 against it. Was there an amendment applied to it here in the Senate? What was the nature -- my question is, what was the nature of the opposition in the House?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby.
You know, I don’t know exactly what the opposition was. Nobody told me. They probably had the wrong sponsor over there.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.
Well, thank you for that, you know, illuminating answer. But is it not -- is it not a problem that other projects like this, where the promise was made to bring it up to, you know, the full beauty and functionality of the property, that those promises were not kept?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby.
We have a contract on this. They’re signing a contract with IDNR. So they got to -- with the contract, they’re going to have to bring it up -- whatever -- how the contract reads. And this is what DNR -- IDNR is for. And this is what -- everybody else in the district too. They’re all satisfied with it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator John O. Jones, for what purpose do you rise?
48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Jones.
Yeah, I -- I think probably to answer the former speaker’s questions on why the opposition was over in the House, I think maybe the Sierra Club worked the bill a little bit over there. But this is absolutely -- if -- if we’re going to do anything towards leasing some land to the -- to a private developer, this company actually owns the two hundred and forty acres right in the middle of the nineteen thousand seven hundred acres that we own today and all they’re really doing is -- is just using some of our ground temporarily. But once they get through, the two hundred and forty acres will have about a forty-acre lake right in -- right in the middle of it. It will be all reclaimed. And -- and then the two hundred and forty acres will be deeded back to the State of -- or, deeded to the State of Illinois - not back to, but to the State of Illinois - actually a gift to the State of Illinois once it’s done. The one thing that I will say -- the previous speaker asked the question of can we -- can we be assured that it will be reclaimed. I’ll guarantee you, if there was ever a coal company that had a good track record, Knight Hawk is one of ‘em. Because I have talked to people, land owners, that have had dealings with ‘em; I’ve talked with employees of -- of Knight Hawk; and no one has anything bad to say about this company. They have absolutely reclaimed everything, just like they said they would. In fact, they’ve even gone above and beyond. So I would just ask for an Aye vote. 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Luechtefeld, for what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Luechtefeld.
This park, Pyramid Park, is the largest park in the State of Illinois by far. It’s over twenty thousand acres. A few years ago, the State purchased, I think, sixteen thousand acres to make it that big. Inside that park, there are a couple parcels of land that are owned privately. This happens to be a two-hundred-and-forty-acre piece of land that sits kind of in the middle of the park. The owner of this land -- I mean, I know the people that are going to do this. They are very reputable people, and to -- you know, to answer your question, I think the environmentalists at first were not real excited about it - which they never are when you’re messing with State parks. The park will be a lot better park after this is done than it is right now. They will restore that land and it will -- you know, one of the problems we have with that park is there are a few parcels in the middle of it that are owned privately, and that’s never a good situation. So, hopefully -- not hopefully, I think there’s not doubt that in the end the park will be a better place than it is at the present time. And hopefully -- hopefully we can get a lot support on this. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Luechtefeld. Is there any further 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 discussion? Seeing none, the question is, shall House Bill 390 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 53 voting Aye, 3 voting Nay, 0 voting Present. House Bill 390, having received the required constitutional majority, is declared passed. Senator Schoenberg, for what purpose do you rise?
Mr. President, I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. We have some distinguished visitors from the North Shore here again today. They’re not from Evanston, but from -- they’re from the town next door in Wilmette. Right behind me, Mr. President, Ladies and Gentlemen of the Senate, is the seventh-grade class from Mary -- from Marie Murphy School in Wilmette. They just recently placed second in the Science Olympiad and they’re going to the nationals later this week. They’re five-time State champs. We have a group of just under forty kids, and they’re under the supervision of Hyung Ro, Kevin Kolcz, Darren Persino, Chad Henley and Shannon Wright. Could we give our guests from Wilmette a warm Senate greeting? Thank you very much.
PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guests in the gallery please rise? Welcome to the Illinois State Senate. Great to have you here today. Senator 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Wilhelmi, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I, too, have a very special guest with me here today in the Illinois Senate and on our Floor, the new Mayor of the City of Joliet, a gentleman who was in a field of nine candidates and came away with twenty-six percent of the vote. He was on the city council for fourteen years. He was a firefighter previous to that. He is a dear friend and has made jobs and economic development a central part of his platform. And we, in fact, have had meetings just today about how we create more jobs in the great City of Joliet. Would you please give our new Mayor of Joliet a warm Senate welcome? And welcome him to this Chamber.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mayor, welcome to the Illinois State Senate. Great to have you here today. Thank you for coming down. Senator Emil Jones, for what purpose do you rise?
Personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your purpose.
As we all know, yesterday was my birthday, but today we celebrate one of our staffers, Bryen Johnson’s birthday. He is 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 a huge asset on the Democrat side, and I wanted to wish him a very, very, very happy birthday. Thank you, Bryen.
PRESIDING OFFICER: (SENATOR SULLIVAN) Happy birthday, Bryen Johnson. Senator Frerichs, for what purpose do you rise?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Thank you very much, Mr. President, Members of the Senate. I have a couple of very special guests visiting the Senate here today. I have the Vermilion County Board Chairman, Jim McMahon, and the Vermilion County State’s Attorney, Randy Brinegar. Now -- they’re a good example of how things should work here in Springfield. We’re represented by a Democrat, by a Republican, but they work well together, and I hope their example leads us here in this Chamber today. Please join me in giving them a warm Senate welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) Gentlemen, welcome to the Illinois State Senate. Great to have you here today. Thank you. Ladies and Gentlemen, returning to the Order of House Bills 3rd Reading is House Bill 464. We’re in the middle of page 61 of the printed Calendar. Senator Hutchinson. Senator Hutchinson. Out of the record. House Bill 585. Senator Harmon. Out of the record. House Bill 653. Senator Althoff. Senator Althoff. Madam Secretary, please read the bill.
53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 House Bill 653. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, please take that bill out of the record. House Bill 785. Senator Mulroe. Madam Secretary, please read the bill.
House Bill 785. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.
Thank you, Mr. President, Members of the Senate. House Bill 785 allows adults with disabilities who are under care of a guardian to receive counseling or psychotherapy without needing consent from the guardian. This was under an agreed bill process. I’d be happy to answer any questions. I don’t believe there’s any opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 785 pass. All those in favor will vote Aye. And opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 785, having received the required constitutional majority, is declared passed. House 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Bill 806. Senator Rezin. Out of the record. House Bill 880. Senator Kotowski. Madam Secretary, he indicates he’d like to proceed. Please read the bill.
House Bill 880. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Didn’t we have a -- the amendment’s already taken care of? Thank you very much.
PRESIDING OFFICER: (SENATOR SULLIVAN) Committee amendment has already been adopted. Senator Kotowski.
Thank you. Thank you very much, Mr. President. House Bill 880 creates the Dealer Recovery Trust Fund which will be used to pay off consumers’ trade-ins when a dealership closes and fails to pay off trade-ins.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Bomke.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Bomke.
I know that the -- the new car dealers association supports this bill. It will allow for a fund to be developed to help 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 consumers out, but consumers will be paying this. This is an additional five-hundred-dollar cost to consumers. And the -- the only -- the only concern I have, Senator Kotowski, is this, it seems to me that we have one of the highest fees in the country at one thousand dollars per dealership. And it would seem to me, the more appropriate approach to this -- this resolution would be to reduce that fee down to five hundred. Now, incidentally, that thousand dollars is one of the highest, if not the highest, in the country. I know -- I think Indiana’s around forty dollars and other surrounding states about two hundred dollars. So we’re pretty significantly high here in the State of Illinois. If we were to reduce that by five hundred dollars and take that extra five hundred dollars to create this fund, we could achieve the same objective. That’s my only concern about it. I want to make it very clear the new car dealers association does support this, but I also believe that it will be passed on to the consumer. We all recognize that - as is the thousand-dollar fee. But it’d make -- me -- make more sense to me to reduce that thousand-dollar fee down to five hundred and take the extra five hundred dollars and create this fund and accomplish the same objective. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Any further discussion? Senator Kotowski, do you wish to close? Senator Kotowski.
Yes, sir. To Senator Bomke’s point, I think it’s a fair one. I look forward to working with him on -- on a measure like that. But just to be very clear, this bill also exempts dealerships that sell twenty-five or less cars in a year - mom- 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 and-pop dealership. There’s about five hundred and seventy-six of ‘em, thirteen percent of the dealers. It provides a benefit for them, as well as the new car dealerships. And this is an initiative of the Illinois Attorney General, the new car dealers. And we came up with a lot of compromises in order to get it passed.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. The question is, shall House Bill 880 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 34 voting Aye, 22 voting Nay, 0 voting Present. House Bill 880, having received the required constitutional majority, is -- is declared passed. House Bill 1056. Senator Sandack. Out of the record. At the bottom of page 61 of the printed Calendar is House Bill 1069. Senator Bivins. Madam Secretary, please read the bill.
House Bill 1069. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
Thank you, Mr. President. HB 1069 provides that the Illinois Law Enforcement Training and Standards Board and Director of State Police shall develop a waiver process for the required homicide investigation training and certification based upon an officer’s prior training experience in homicide 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 investigations. I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1069 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. House Bill 1069, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, if you will turn the page to the top of page 62 of the printed Calendar, continuing on the Order of House Bills 3rd Reading, is House Bill 1091. Senator Steans. Out of the record. House Bill 1093. Senator Jacobs. Senator Mike Jacobs, on 1093. Madam Secretary, please read the bill.
House Bill 1093. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.
Thank you, Mr. President. This is an initiative of the Illinois Environmental Protection Agency. The bill adds vehicle model year 2006 or earlier with a manufacturer gross vehicle weight between eight thousand {sic} (eight thousand five hundred and one) and fourteen thousand pounds. I know of no opposition. Thank you…
PRESIDING OFFICER: (SENATOR SULLIVAN) 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1093 pass. All those in favor will vote Aye. And opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1093, having received the required constitutional majority, is declared passed. House Bill 1110. Senator Jacqueline Collins. Madam Secretary, please read the bill.
House Bill 1110. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. The bill amends the Housing Authorities Act by changing the Section pertaining to the income disregard program to have it conform to federal regulations. The income disregard program is a program that provides an incentive for public housing families to go to work by not counting their income increase the first year and then on a graduated or step increase in the second year. I know of no opposition. There was a question in committee if this program applies to Section 8; it does not apply to Section 8. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Collins. Is there any discussion? 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Seeing none, the question is, shall House Bill 1110 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. House Bill 1110, having received the required constitutional majority, is declared passed. House Bill 1112. Senator Holmes. Madam Secretary, please read the bill.
House Bill 1112. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.
Thank you so much, Mr. President. House Bill 1112 provides that a driver who’s convicted or given supervision for driving thirty-one miles per hour over the speed limit or speeding in a construction zone or failing to stop at a stop light or stop sign in a park zone when children are present and within fifty feet is required to pay an additional penalty of four dollars for each forty of the fine imposed.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 1112 pass. All those in favor will vote Aye. And 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. House 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Bill 1112, having received the required constitutional majority, is declared passed. House Bill 1127. Senator Link. Out of the record. House Bill 1128. Senator Kotowski. On 1128, Madam Secretary, please read the bill.
House Bill 1128. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
Thank you very much, Mr. President. This is a trailer bill to the newly enacted Public Adjusters Law. It provides the Director of Insurance is authorized to require fingerprint-based criminal history record checks for the first year following the effective date of the bill for all public insurance adjuster applicants and renewal applicants.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1128 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. House Bill 1128, having received the required constitutional majority, is declared passed. House Bill 1151. Senator Haine. Senator Bill Haine. Out of the record. House Bill 1153. Senator Wilhelmi. Madam Secretary, please read the bill. 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 1153. (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. House Bill 1153 creates the Residential Real Estate {sic} (Property) Transfer on Death Instrument Act. This bill will create a way to transfer real estate upon a property owner’s death without the need for probate. There are three requirements of a valid transfer on death instrument: First, it must contain the elements of a valid inter vivos deed; second, it must state that the transfer to the beneficiary is to occur upon the owner’s death; and, third, it shall -- it requires recording before the owner’s death in the record of the county where any part of the real estate is located. We’re trying to avoid the unnecessary -- the unnecessary burden, frankly, of opening a probate simply to transfer real estate when, a number of our constituents, their only asset upon death is their real estate. I’d be happy to answer any questions and I ask for your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Senator Dillard, for what purpose do you rise?
Thank you -- thank you, Mr. President. I rise, too, in support of the bill, and just want to point out that this is an 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 initiative of the Illinois State Bar Association. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any further discussion? Seeing none, the question is, shall House Bill 1153 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 55 voting Aye, 0 voting Nay, 2 voting Present. House Bill 1153, having received the required constitutional majority, is declared passed. House Bill 1191. Senator Steans. Madam Secretary, please read the bill.
House Bill 1191. (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 1191 assures that no one with a health insurance policy can be excluded coverage if they are participating in a clinical cancer trial. There’s many proponents. I don’t know of any opponents. This passed unanimously in the House. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1191 pass. All those in favor will vote Aye. And opposed, Nay. And the voting is open. Have all voted who wish? Have all voted 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 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. House Bill 1191, having received the required constitutional majority, is declared passed. House Bill 1192. Senator Muñoz. Out of the record. House Bill 1193. Senator Steans, on House Bill 1193. Out of the record. House Bill 1204. Senator Emil Jones. Madam Secretary, please read the bill.
House Bill 1204. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jones.
Thank you, Mr. President. House Bill 1204 amends the School Code to require school districts to teach conflict resolution and violence prevention for kindergarten through twelfth grade. Currently, we teach it through -- fourth through twelfth. I’d be happy to answer any questions. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1204 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. House Bill 1204, having received the required constitutional majority, is declared passed. House 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Bill 1209. Senator Martinez. Madam Secretary, please read the bill.
House Bill 1209. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 1209 asks that when a landlord is suing for possession of a rental unit under forcible entry and detainer, in addition to a claim of owed rent, he or she may also include a request for the pro rata amount of rent due for any period that a judgment is stayed. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1209 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. House Bill 1209, having received the required constitutional majority, is declared passed. At the bottom of page 62 is House Bill 1216. Senator Koehler. Madam Secretary, please read the bill.
House Bill 1216. (Secretary reads title of bill) 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Thank you, Mr. President, Members of the Senate. House Bill 1216 amends the School Code to create the School District Realignment and Consolidation Commission. The Commission is comprised of nineteen {sic} (twenty) members appointed by the Governor, the Lieutenant Governor, Leaders of the General Assembly, and various educational stakeholder organizations. The Commission is to file a report with the General Assembly and the Governor on or before July 12th {sic} (1st), 2012, which will contain recommendations on the number of school districts in the State, the optimal amount of enrollment for a school district, and where consolidation and realignment would be beneficial. The General Assembly must vote on whether to accept the report by the adoption of a resolution by a majority vote in each house. House Bill 1216 does not include forced consolidation. The Commission’s report is only a recommendation to the General Assembly. I would be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Koehler. Is there any discussion? Senator Lauzen, for what purpose do you rise?
Thank you. Question for the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Lauzen.
66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator, haven’t we had a number of task forces and commissions on this very subject over the years? Haven’t we had many of these?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Yes, I believe we have.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen. Yes, Senator Lauzen.
Then the question would be -- and -- and on top of that, there are also books and, you know, academic studies by superintendents who have run districts. Isn’t this a time for action? You know, isn’t the study and setting up a commission a substitute -- unfortunately, a substitute during a time that we really need necessary action - not mandatory, we don’t want mandatory consolidations - but isn’t this a time for action? After all the commissions, after all the studies, shouldn’t we - - should -- isn’t this a time for action rather than even more study?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Well, I’m presuming that this is going to lead to some action, so I’m very optimistic about this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Luechtefeld, for what purpose do you rise?
67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Luechtefeld.
Senator, I understand that this is a commission and you did say that there would be no forced consolidation. The recommendations of that committee could lead to forced consolidation, wouldn’t it?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Yes, I suppose it could. Again, the report must be adopted by a resolution with a majority of each house in order for it to become law. But really what it -- it stresses here is that this Commission’s report is really just a recommendation to the General Assembly. So if that’s going to happen, the General Assembly has to do it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld. Further discussion? Further discussion? Senator Cultra, for what purpose do you rise?
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates that he will yield. Senator Cultra.
Would -- then the -- the -- the recommendations, whatever it is, would have to be taken in its entirety or can it be -- parts of it be adopted and -- and deleted?
PRESIDING OFFICER: (SENATOR SULLIVAN) 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Koehler.
We would vote, basically, on a nonbinding resolution.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra.
Then I guess I don’t understand what -- what this bill does. If -- if -- when the Commission makes a recommendation, then both houses pass it and it becomes law and whatever happens -- I mean, whatever this recommends is -- is forced on the schools?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Again, the General Assembly makes that decision. And when their recommendation comes, it -- right now, it’s being viewed really as a nonbinding resolution. Again, the General Assembly can -- can choose how it wants to do this. And the members of this Commission, remember, are in part appointed by the General Assembly caucuses.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra, further questions? Senator Cultra.
So the -- the House or the Senate could change the recommendations? They’ll have that option?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
I’m sorry. I didn’t hear the first part of your question. 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra, if you’d repeat the question, please.
Will the House or the Senate be able to change these recommendations?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Maybe in a subsequent bill, but in terms of accepting the report, no. The report would just be either accepted or not accepted. This is going to be a -- a guideline and, yes, there may be come controversial parts in this, but, again, it’s up to the General Assembly to enact any legislation that would be forthcoming.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra.
So if I understand what you’re saying is, if they accept the report, it doesn’t necessarily mean any action will be taken. We would have to introduce subsequent legislation to make anything happen. Is that what…
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
That would be my understanding, yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Senator Righter, for what purpose do you rise?
70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Righter.
Senator Koehler, a little bit earlier, I actually pulled up the text of the bill that you have before the Chamber, and as I read it, the Commission, if it adopts a report by a majority vote, then your bill would require the General Assembly within fourteen days after receiving that report to have an up or down vote on the report by a resolution of both Chambers of the General Assembly. And now first I want to ask, is that an accurate characterization of what’s in House Bill 1216?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Tell me why, because most of the time when we see these commission bills, Senator - and -- and this is not a criticism of your bill - but what we see is the commission’s given a deadline by which a report has to be sent to the Governor and to the General Assembly and then that’s kind of the end of it. You’re taking an extra step here basically by putting the report in front of the Members of the General Assembly and forcing them to do something with it. Is that to prompt a little more attention to the need to do something in this area? Is that why you’re doing this? 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Yes. And here’s the -- the position we’re in. We’re trying to strike a balance somewhere between what Senator Lauzen asked us, and that is to take immediate action, and, secondly, to actually have a -- a report that’s nonbinding when it comes to us but, hopefully, that spurs some action so that we begin to actually do something about this report, rather than let it sit on the shelf.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
And to be clear, again, the -- the vote that the General Assembly takes on the report, if the report is adopted by a majority of the Commission, is in resolution form only, so it would -- the resolution would be that we are accepting the recommendations or the report of the Commission. That’s it. There -- there’d be no binding effect. There’s nothing that goes to the Governor or anything like that. Is that correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Yes, that’s my understanding.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Further discussion? Senator Koehler, do you wish to close? The question is, shall House Bill 1216 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 39 voting Aye, 16 voting Nay, 0 voting Present. House Bill 1216, having received the required constitutional majority, is declared passed. Continuing on the Calendar, House Bills 3rd Reading, is House Bill 1218, and we are on the top of page 63 of the printed Calendar. Senator Haine. Madam Secretary, please read the bill.
House Bill 1218. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill amends the Property Tax Code and creates additional safeguards in the tax sale process, requiring that counties in Illinois either adopt an automated electronic bidding process for tax buyers - these are people that buy delinquent taxes and then pay the taxes to the local governmental bodies and then they -- they get an interest rate for that - or if it’s going to be done at an oral auction, the - - the auction process must be video/audio taped and the record kept for at least five {sic} (three) years. There’s other changes in there about publications and a few other things. This has been negotiated with the Treasurers’ Association of -- of Illinois and the property tax buyers and the Members of the House, who -- who began this bill. The House bill has been 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 changed somewhat to make it an optional system. I appreciate very much the input of Senator Christine Johnson on this bill. She’s a very able former county treasurer herself and her insight into this process and her contributions to this bill were invaluable. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Senator Christine Johnson, for what purpose do you rise?
I rise in support of the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
I worked with Senator Haine on this bill and I appreciate his cooperation. And as a former county treasurer myself, I feel it’s important to craft this piece of legislation to promote transparency in the tax sale process. And I would encourage an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any further discussion? Seeing none, the question is, shall House Bill 1218 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 55 voting Aye, 1 voting Nay, 0 voting Present. House Bill 1218, having received the required constitutional majority, is declared passed. House Bill 1233. Senator Emil Jones. Senator Jones. Out of the record. House Bill 1240. Senator Garrett. Senator Susan Garrett, on 1240. 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Madam Secretary, please read the bill.
House Bill 1240. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.
Yes, thank you again, Mr. President. This bill amends the School Code. Provides that upon request of a school or a school district, community college district, or private school, any information obtained by a school district pursuant to provisions concerning criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database within the last five years must be made available to that school, school district, community college district, or private school. There is no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1240 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 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1240, having received the required constitutional majority, is declared passed. House Bill 1256. Senator Hutchinson. Madam Secretary, please read the bill. 75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 1256. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Thank you, Mr. President and Members of the Senate. House Bill 1256 is an initiative of IDOT. This is done totally with federal funds. It amends the Administrative Code of the Department of Transportation to create the Diversity in Engineering Scholarship Program. This scholarship program, subject to appropriation - if there’s no appropriations, there’s no program; but while we have these federal dollars, we should use them to make sure that targeted groups actually go into engineering programs. And they’ll be used to increase the representation of women and racial minorities within the ranks of civil engineering. House Bill 1256 provides the standards for students eligible for the seven-thousand-five-hundred-dollar award. Again, this is all federal funds. And I would ask for your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Senator Bomke, for what purpose do you rise?
Thank you, Mr. President. Question to the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Bomke.
76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 You -- Senator Hutchinson, you pretty well covered it in your opening statement, but, just to clarify, if there are no federal funds, if the funds dry up, the program will go away? Would you answer that?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Thank you, Senator Bomke. I believe that is exactly what the intent is. So while we have these federal dollars, it’s -- we don’t want to waste ‘em.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Seeing none, the question is, shall House Bill 1256 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1256, having received the required constitutional majority, is declared passed. Senator Schoenberg in the Chair.
PRESIDING OFFICER: (SENATOR SCHOENBERG) We will continue on the Order of House Bills 3rd Reading. House Bill 1271. Senator Dillard. Senator Dillard. Out of the record. House Bill 1272. Senator Kotowski. Senator Kotowski. Out of the record. House Bill 1277. Senator Martinez. Senator Martinez. She wishes to proceed. Madam Secretary, please read the bill.
House Bill 1277. (Secretary reads title of bill) 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 1277 creates an additional exception within the Open Meetings Act and allows a public body to hold a closed meeting for the purpose of discussing internal financial control weaknesses or potential fraud with auditors, finance committees, and -- and their equivalent. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Martinez, do you wish to close? The question is, shall House Bill 1277 pass. All those in favor, 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, please take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 1277, having received the required constitutional majority, is hereby declared passed. House Bill 1279. Senator Martinez. She wishes to proceed. Madam Secretary, please read the bill.
House Bill 1279. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Martinez.
78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Thank you, Mr. President and Members of the Senate. House Bill 1279 amends the Fire Sprinkler Contractor Licensing Act. Licensees under this Act will have to renew their license every two years instead of every year and must complete sixteen hours of continuing education during the two-week -- two-year period. Continuing education courses offered from following entities will be accepted: nationally recognized building and fire code organizations and their affiliates; nationally recognized fire sprinkler organizations and their affiliates; institutions of higher education; educational bodies specializing in automatic fire suppression system technology; and entities approved by the State Fire Marshal, if those programs contribute to the enhancement of professional skills or technical knowledge, and are developed and presented by someone with the education or experience of the program. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Martinez, do you wish to close? The question is, shall House Bill 1279 pass. All those in favor, 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, please take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 1279, having received the required constitutional majority, is hereby declared passed. House Bill 1287. Senator Sullivan. Leader Sullivan wishes to proceed. Madam Secretary, please read the bill.
79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 House Bill 1287. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Thank you, Mr. President. House Bill 1287 amends the Insurance Code. It allows insurance producers to satisfy their continuing education requirements for licensure by taking study courses that include instructions by webinar. For the purpose of legislative intent, the authorization of webinars does not change the existing classroom requirements for both ethics and pre-licensing education. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Sullivan, do you wish to close? The question is, shall House Bill 1287 pass. All those in favor, 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, please take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 1287, having received the required constitutional majority, is hereby declared passed. House Bill 1303. Senator Koehler. Senator Koehler wishes to proceed. Madam Secretary, please read the bill.
House Bill 1303. (Secretary reads title of bill) 80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Koehler.
Thank you, Mr. President, Members of the Senate. House Bill 1303 changes funding for the Mutual Aid Box Alarm System from GRF to the Fire Prevention Fund. Know of no opponents at this time.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Is there any discussion? Seeing none, Senator Koehler, do you wish to close? The question is, shall House Bill 1303 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, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 1303, having received the required constitutional majority, is hereby declared passed. House Bill 1311. Senator Bomke. Senator Bomke wishes to proceed. Madam Secretary, please read the bill.
House Bill 1311. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Bomke.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate {sic} Bill 1311 simply amends the Municipal Code 81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 to give all municipalities the express power to regulate sound devices.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Bomke, do you wish to close? The question is, shall House Bill 1311 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? Madam Secretary, please take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 1311, having received the required constitutional majority, is hereby declared passed. House Bill 1316. Senator Noland. Senator Noland wishes to proceed. Madam Secretary, please read the bill.
House Bill 1316. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Thank you, Mr. President. House Bill 1316 creates the Illinois State Police Federal {sic} Projects Trust Fund, the State Police Motor Vehicle Theft Prevention Fund, and the Homeland Security Emergency Preparedness Fund. The purpose of these new funds is to bring the federally funded programs under the State Police and IEMA into compliance with federal grant guidelines. Federal grant moneys and interest accrued from the federal moneys is to be deposited into these funds so that the 82 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 interest - this is all about the interest - may be returned to the federal government according to the grant guidelines. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Noland, do you wish to close?
Trying to get my speaker there. Just urge an Aye vote. Thank you very much.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. The question is, shall House -- House Bill 1316 pass. All those in favor, 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, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 1316, having received the required constitutional majority, is hereby declared passed. House Bill 1317. Senator Noland. Out of the record. House Bill 1326. Senator Koehler. Senator Koehler wishes to proceed. Madam Secretary, please read the bill.
House Bill 1326. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Koehler.
Thank you, Mr. President, Members of the Senate. House Bill 1326, we have seen before. This is a -- a -- amends the 83 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Environmental Protection Act to encourage the recycling of asphalt roof shingles by providing incentives to facilities that deposit asphalt roof shingles with facilities operating in accordance with the IEPA and would be used for our highway system. So, we approved it before unanimously. I’d appreciate an Aye vote today.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Koehler, do you wish to close? The question is, shall House Bill 1326 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, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 1326, having received the required constitutional majority, is hereby declared passed. Bottom of page 63 of your printed Calendar. House Bill 1353. Senator Dillard. He wishes to proceed. Madam Secretary, please read the bill.
House Bill 1353. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Dillard.
Thank you, Mr. President. This is a very simple bill and it basically says if you’re a legislator who continues to grant General Assembly tuition waivers, you can’t give it to a relative. I was surprised that we hadn’t already prohibited 84 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 giving General Assembly scholarships to one of our relatives, but this bill makes it clear. If you are one that still gives General Assembly scholarships, you can’t give it to a relative. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? The question is, shall House Bill 1353 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, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 1353, having received the required constitutional majority, is hereby declared passed. We’ll continue now on the Order of House Bills 3rd Reading, top of the page of your printed Calendar, page 64. House Bill 1359. Senator Althoff. She wishes to proceed. Madam Secretary, please read the bill.
House Bill 1359. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Althoff.
Thank you very much, Mr. President. House Bill 1359 simply allows the fire chief or other officer of a fire protection district to prohibit open burning on an emergency basis for a limited period of time if there is an unreasonable risk of fire because of wind, weather, or other factors. 85 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Althoff, do you wish to close? Senator Althoff.
I’d simply ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. The question is, shall House Bill 1359 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, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 1359, having received the required constitutional majority, is hereby declared passed. House Bill 1368. Senator Jacobs. Senator Jacobs. Out of the record. House Bill 1373. Senator John Jones. He wishes to proceed. Madam Secretary, please read the bill.
House Bill 1373. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator John Jones.
Thank you, Mr. President. A few weeks ago, we passed an identical bill to this here in the Senate unanimously, but it amends the State Records Act and Government Electronic Records Act. Provides that the State Records Commission may make recommendations to the Secretary of State concerning policies, guidelines, and best practices for addressing electronic 86 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 records.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator John Jones, do you wish to close? The question is, shall House Bill 1373 pass. All those in favor, 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, please take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 1373, having received the required constitutional majority, is hereby declared passed. House Bill 1375. Majority Leader Clayborne. Out of the record. House Bill 1377. Senator Raoul. He wishes to proceed. Madam Secretary, please read the bill.
House Bill 1377. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 1377 incorporates recommendations from the GPS task force. Provides that local units of government must report to IDOT and the Department must post on its official websites all preferred truck routes that aren’t Class II or Class III truck routes. The bill also states that the Secretary of State must include in its commercial drivers license curriculum and study guide the distinctions between utilizing a truck-attributed GPS device and other non-truck-attributed GPS 87 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 system devices. Secretary of State must also develop a brochure stating the distinctions between utilizing a truck-attributed GPS system device and non-truck-attributed GPS system devices.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Senator Lauzen.
Question for the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) He indicates he’ll yield. Senator Lauzen.
I had -- I had heard early on in this -- regarding this bill that the GPS devices, that there was very few manufacturers of the device and that this might create some kind of constraint - and I might have a different bill. But are you familiar with any of that -- that background?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul.
I am not. I did serve on the task force, but I’m not familiar with any -- that issue.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
Let me try to ask it more clearly. Are these -- are the devices - the GPS device - are they easily acquirable from multiple sources? Is there a market? Is -- are they easily acquired?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul. 88 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
I imagine they are. I -- you know, I don’t know how…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
I would -- there -- one of my colleagues just made the suggestion - these are not a sole source piece of equipment, are they?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul.
Not to my knowledge, no.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen. Is there any further discussion? Any further discussion? Seeing none, Senator Raoul, do you wish to close? Senator Raoul. The question is, shall House Bill 1377 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, please take the record. On that question, there are 54 voting Aye, none {sic} (1) voting Nay, none voting Present. House Bill 1377, having received the required constitutional majority, is hereby declared passed. House Bill 1378. Senator Sandoval. He wishes to proceed. Madam Secretary, please read the bill.
House Bill 1378. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 89 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Sandoval.
Thank you, Mr. Chairman {sic}, Members of the Senate. This is an initiative of the City of Chicago. It amends the Insurance Act {sic} (Code). There is no opposition and the bill provides that an insurer may not refuse to insure {sic} the -- vehicle insurance to a person solely because the applicant is a volunteer driver. I ask a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Haine.
To the bill, Mr. President. I just want to let everyone know that this bill came out of the Insurance Committee with a resounding unanimous vote, thanks to the eloquence and the perspicacity and the diligence of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Is there any further discussion? Senator Sandoval, do you wish to close? Senator Sandoval.
I’ve learned in this business to -- it’s time to shut up. So I’d ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) I will point out that you could have waived the right to close altogether. The question is, shall House Bill 1378 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, please take the 90 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 1378, having received the required constitutional majority, is hereby declared passed. House Bill 1379. Leader Trotter. Out of the record. House Bill 1385. Senator Sandoval. He wishes to proceed. Madam Secretary, please read the bill.
House Bill 1385. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Thank you, Mr. Chairman {sic}, Members of the Committee -- Members of the Senate. The -- this is an initiative of the Secretary of State. The bill removes the religious exemption to the requirement that an individual provides his or her social security number when applying for a driver’s license or instruction permit. There is no opposition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Indicates that he’ll yield. Senator Righter.
Thank you. Senator, what is the problem that the Secretary of State’s Office is trying to solve by removing the religious 91 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 exemption?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
There are a number of religious faiths who claim social security as an exemption, and this allows the Secretary of State to be very objective.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Thank you, Mr. President. It allows the Secretary of State’s Office to be very objective. Can you explain -- elaborate on what exactly that means? What the process will be now?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
So there’s been a number of challenges made by a number of faiths in regards to the exemption of social security, and there have been a number of court lawsuits in regards to that, and this bill would allow the Secretary of State to avoid all those lawsuits.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
The lawsuits, Senator Sandoval, have been brought by different groups, claiming that the Secretary of State’s Office shouldn’t have denied them the right to do it when they allowed someone else to do it. So, the answer to that is to take that 92 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 religious exemption away from everyone who might have a legitimate claim to this?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
I think that just -- this is a cost-savings measure on behalf of the Secretary of State. And just for an example, if the faith of -- of -- the Righter Faith decided to request an exemption because of your religious beliefs, you know, there are a number of frivolous and awkward groups that would pop-up who would look for an exemption, and this would allow for avoidance of that awkward position.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Thank you, Mr. President. Well, Senator Sandoval, we could save a lot of money by striking out religious exemptions all across the Illinois Compiled Statutes. What groups are you aware of who take advantage of this exemption personally -- or, particularly?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
I know of none, Senator, personally.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Did the -- has the Secretary of State advised you of any religious groups who take advantage of the exemption that’s 93 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 currently in law?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
…been -- I’ve been made aware that some Amish communities take advantage of the exemption.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
And have you spoken to any members of the Amish community about your bill and their feelings on that?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
I have a number of -- I don’t have any Amish in my district, Senator Righter. I take at word the -- the wisdom of our great Secretary of State, Jesse White, who is concerned about all faiths.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Well, I appreciate your confidence in the Secretary of State, Senator Sandoval, but that’s not really what this is about. This is about a bill that you’re sponsoring that would take away an existing religious exemption in law for a faith that is recognized as a bona fide faith by the United States Supreme Court, because the Secretary of State’s Office is apparently annoyed that other groups that maybe not have such a credible claim are making claims otherwise. I think about the 94 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 ramifications of the rationale that you’re pursuing here, which is, we should take the exemption away from everybody because there are a few claiming that they should be entitled as well and are really not. I mean, can you see the concern I have with the -- the logical extension of your argument? We could begin to repeal religious exemptions in -- in other places in Illinois law because it’s inconvenient for the department or the State agency that administers that to deal with others who are not entitled. I mean, is that really the route that you think we should go down?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Senator Righter, I am not an attorney. I’m just a plain, simple man from the southwest side of Chicago. I’d love to answer your question or get any information to you. At this time, I think that this bill goes a long way at saving the taxpayers money, and it’s very effective, very equitable, and it’s a good bill. And its sponsor is our great friend, Jesse White, who’s done a wonderful job as a State -- Secretary of State.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter, have you concluded your questions? To the bill.
Thank you. Ladies and Gentlemen of the Senate, this should trouble us. With all due respect of the sponsor, he’s not spoken to one member of the religious community that uses this exemption. And the basis for eliminating the exemption 95 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 altogether - not narrowing it, just zeroing it out - is that the Secretary of State’s Office doesn’t want to deal with people or groups who would claim the exemption but are not entitled to it. If that is the logic by which we want to proceed on issues like this, I would suggest there are a laundry list of religious exemptions in Illinois statute that are at risk because of the issue of convenience. I urge a No vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Jacobs.
Thank you, Mr. President. I just rise to a point of information. I’ve dealt with this issue in my district, and there are some people that have made claims that they shouldn’t have to have their social security number recorded by the Secretary of State. And I think with the concious security issues that we have today that maybe, regardless of your religious belief, you ought to -- you ought to comply if you want to drive. Driving is not a right; it’s a privilege. And so if you want to drive in this State, you ought to give people the information they need so that they don’t turn into some kind of a terrorist or turn -- turn out to be some kind of criminal that we don’t know about.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Senator Haine.
To the -- to the bill, Mr. President. I…
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill. 96 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
I agree with the sponsor of the bill and the Secretary of State. This is not a slippery slope to removing religious exemptions. I think the analysis points out, there’s thirteen people of the State that did not supply social security numbers. What the Secretary wants to do is remove a frivolous - as the sponsor has rightly pointed out - argument against social security numbers. The hallmark of the law, as Justice Brandeis once said, in one of my favorite quotes, “The hallmark of the law is reasonableness.” This is the social security number, which is used as a basis to issue an identification, as Senator Jacobs pointed out, to drive on our highways. And it seems to me that’s a minimal requirement of the law and it doesn’t have anything to do with a great struggle with one’s conscience. These are what, in the -- in -- in the early days of the common law, were termed the “King’s Highways”. And to travel on the King’s Highways, you have to obey the King’s edict. And this is a very small and less than onerous requirement. So I think it’s more than reasonable to clothe the Secretary of State with the power to determine -- to take away the exemption rather than getting him ensnared in frivolous lawsuits with frivolous claims. People’s option is, take a bus. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Is there any further discussion? Senator McCarter. SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield. 97 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 SENATOR McCARTER: Senator, under this -- under this bill, would these people that claim this religious exemption, would they be able to use a State ID number instead?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
No.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator McCarter. SENATOR McCARTER: Is -- isn’t -- isn’t it possible for the Secretary of State to require that?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
I’m not aware, Senator McCarter. I would have to get back to you on that information.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator McCarter. SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) To the bill. SENATOR McCARTER: I -- I think that’s -- I think that’s an important bit of information that we need before we make a decision on this. But you know, I -- I heard the word “minimal” used; I heard the word “terrorist” used. You -- you know, I think my concern, and one 98 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 of the other Senator’s concerns, is that there is a small group of Amish that we -- we actually represent, and, yes, they’re few, but I -- this is just -- this is just not a good thing to do. And to -- to actually -- and -- and I understand we’re all -- you know, if we had -- took a vote, you know, we’re all against terrorists, but, you -- you know, to -- to bring that name up in the same debate when you’re trying to protect some Amish folks, that’s very disappointing. So I would just urge a -- a Aye {sic} vote or else I would urge the sponsor to pull this out of the record so we can answer some very important questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Murphy.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …bill.
I guess what is most troubling to me about this -- and -- and -- and I understand, you know, the sponsor got a request from a State elected official that he has a lot of respect for, trying to make his life easier, and I can appreciate that, but I guess what’s troubling about this is, is we are deciding here -- we’re picking and choosing which religious tenets warrant recognition or respect from State law and which don’t. I -- I don’t have, personally, the issue with this, but a lot of people do. A small number of people do. When are -- this time it’s a small group that apparently doesn’t have a lobbyist, that 99 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 apparently enough people in this Chamber feel can be dismissed without political retribution. Who’s the next group? Who’s the next group that this Chamber goes after ‘cause they feel their interests don’t warrant the protection? Maybe it’s a group that’s a little bit more of a concern to you. Maybe it’s a group that’s a little more prevalent in your district. This may be a slight burden, administratively, to the Secretary of State, but the broader point here is, is that sometimes you need to take on that additional burden to respect religious freedoms and other freedoms that we hold dear. This is a small, small issue for the Secretary of State’s Office. It’s a far bigger one and has far broader implications for this Body. I urge a No vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any further discussion? Senator Sandoval, do you wish to close? Senator Sandoval.
Thank you, Mr. President. To my colleague on the other side of the aisle who just spoke, this is just not a valiant effort to support a -- a public official that’s widely respected and probably the expert in regards to the implementation of our -- of our driving laws in the State of Illinois. And I can honestly say that, because of his leadership, our roads are significantly a lot safer than any time in history in the State of Illinois. This is not a frivolous -- we’re talking about a group that doesn’t drive. They drive buggies and carts. So, it is -- it is a widely known fact that the Amish are not vehicle drivers. Their freedom does not allow them to drive vehicles. They drive carts and buggies for the most part. And so -- and it’s kind of ironic that some of the Members on the other side 100 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 of the aisle are interested about protecting, you know, these exemptions. I then offer, based on your recommendation, that we provide licenses to the undocumented drivers. Let’s make that exception. We’ve been trying to make that exception for a number of years and yet you’ve refused to allow for that -- for that allowance to allow the undocumented residents, who are taxpaying residents, an opportunity to drive a vehicle in the State of Illinois. And now here - here - you’re trying to argue the other side of it. You want it both ways. Let’s keep our roads safe. Let’s identify everyone who drives a vehicle. And let’s end all these frivolous lawsuits. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 1385 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, please take the record. On that question, there are 33 voting Aye, 21 voting Nay, none voting Present. House Bill 1385, having received the required constitutional majority, is hereby declared passed. Senator Raoul, for what purpose do you seek recognition?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please state your point.
Ladies and Gentlemen of the Senate, I have with me here today a new State Representative from the 26th District, Kim du Buclet, who was just sworn in yesterday at Millennium Park. And 101 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 I’d like for you to welcome her to the Senate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Welcome. Welcome, Representative. Looking forward to serving with you. We will now proceed. Continuing on the Order of House Bills 3rd Reading, page 64 of your printed Calendar, House Bill 1391. Senator Forby. Out of the record. House Bill 1394. Senator Sandoval. He wishes to proceed. Madam Secretary, please read the bill.
House Bill 1394. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Thank you, Mr. President, Members of the Senate. House Bill 1394 is an initiative of the Department of Financial and Professional Regulations {sic} (Regulation). The bill simply extends the sunset by ten years and updates the Act of the (Detection of) Deception Examiners Act. I’d ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any discussion? Senator Sandoval, do you wish to close? …Sandoval.
I’d ask for a vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 1394 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. 102 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 1394, having received the required constitutional majority, is hereby declared passed. House Bill 1425. Leader Trotter. Out of the record. House Bill 1426. Senator Kotowski. Senator Kotowski. Out of the record. House Bill 1445. Leader Muñoz. Senator Muñoz. Out of the record. We’ll continue on the top of page… With leave of the Body, we will momentarily return to -- on the bottom of page 64 of your printed Calendar, House Bill 1445. Senator Muñoz. The gentleman wishes to proceed. Madam Secretary, please read the bill.
House Bill 1445. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Leader Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1445 is an initiative of the Illinois Department of Veterans (Affairs). It’s just a cleanup bill for House Bill 4213. It created the Division of Women Veterans Affairs to serve as an advocate for women veterans and assesses their needs with respect to compensation, rehabilitation, outreach, health care, and other issues. I’ll answer any questions. I know of no opposition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 103 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Is there any discussion? Is there any discussion? Senator Muñoz, do you wish to close? The question is, shall House Bill 1445 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, please take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 1445, having received the required constitutional majority, is hereby declared passed. We will now continue on the top of page 65 of your printed Calendar, House Bills 3rd Reading. House Bill 1458. Senator Maloney. He wishes to proceed. Mr. Secretary, please read the bill.
House Bill 1458. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Maloney.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1458 is a initiative of the Metropolitan Water Reclamation District that adds to list of -- it’s -- it’s a interest in renewable energy, which has been driven by fuel spikes, change of public awareness. What 1458 does is, it adds to the list -- “anaerobic digestion” to the renewable energy. This is a process by which microorganisms break down the biodegradable material in the absence of oxygen. As a Senator from the City of Chicago, through the Adopt-a-Legislator Program by the Illinois Farm Bureau, I’ve actually seen this in 104 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 operation, where they fueled a dairy farm. What the Water Reclamation District will do with this energy is it allows them to sell it to the power agency or even power their own plant. I would be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Maloney, do you wish to close? Question is, shall House Bill 1458 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary - Senator Maloney - please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 1458, having received the required constitutional majority, is hereby declared passed. House Bill 1463. Senator Delgado. He wishes to proceed. Mr. Secretary, please read the bill.
House Bill 1463. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Delgado.
Thank you, Mr. President, Members of the Senate. HB 1463 is an agreed bill, which was an initiative of the Illinois Coalition of Community Blood Centers and the American Red Cross of Illinois, which simply makes direct donate programs optional rather than mandatory for blood centers. This came out of the recommendation from the Chairman of the American Association of 105 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Blood Banks Transfusion Transmitted Diseases Committee and does not preclude the practice of family members donating on behalf of other family members, a practice which is known as designate donate. I know of no opposition and would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1463 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 1463, having received the required constitutional majority, is hereby declared passed. House Bill 1466. Senator Kotowski. Senator Kotowski. Out of the record. House Bill 1471. Majority Leader Clayborne. He wishes to proceed. Madam {sic} Secretary, please read the bill.
House Bill 1471. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.
Thank you, Mr. President, Members of the Senate. 1471 amends the Municipal Retirement Fund Article of the Pension Code so that when an employee has service with two or more employers, service credit and the earnings will be factored in when determining each employer’s cost for the individual pension. 106 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Current law factors in only one service credit when making this determination, so differences in salary are not taken into account. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Clayborne, do you wish to close? The question is, shall House Bill 1471 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 1471, having received the required constitutional majority, is hereby declared passed. House Bill 1486. President Pro Tem Harmon. Senator Harmon. Out of the record. House Bill 1487. Senator Frerichs. He wishes to proceed. Mr. Secretary, please read the bill.
House Bill 1487. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Frerichs.
Thank you very much, Mr. President. House Bill 1487 creates the Renewable Energy Production District Act. The Act provides that any area within the boundaries of a single county may be incorporated as a renewable energy production district. This is very similar to a bill, a Senate bill, that we passed out of here earlier this year. I don’t know of any opposition 107 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 at that time. Would request a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Frerichs, do you wish to close? The question is, shall House Bill 1487 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 1487, having received the required constitutional majority, is hereby declared passed. House Bill 1488. Senator Frerichs. He wishes to proceed. Mr. Secretary, please read the bill.
House Bill 1488. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Frerichs.
Thank you very much, Mr. President. This bill continues the work of the group formed by Public Act 96-1141, which required the human service agencies to outline recommendations for creating a streamlined auditing and accreditation system. This creates a Management Improvement Initiative Committee and Leadership Team to act on recommendation of that report. I know of no opponents. Would request a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Frerichs, do you wish to close? The question is, 108 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 shall House Bill 1488 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 1488, having received the required constitutional majority, is hereby declared passed. House Bill 1494. Leader Crotty. She wishes to proceed. Mr. Secretary, please read the bill.
House Bill 1494. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Leader Crotty.
Thank you. House Bill 1494 adds the categories of anti-dry eye agents and agents for the treatment of hypotrichosis to the list of pharmaceutical agent categories that an optometrist may prescribe. It also sets up a process that allows the Illinois Optometric Licensing and Disciplinary Board to add other prescription drugs that have been approved by the FDA or a class of drugs for the diagnosis or treatment of conditions of the eye after the Board considers the agent’s systemic effects, side effects, and the use of the agent within the practice of optometry. Does not expand the scope that optometrists are allowed to prescribe under.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Crotty, do you wish to close? The question is, 109 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 shall House Bill 1494 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 1494, having received the required constitutional majority, is hereby declared passed. House Bill 1503. Senator Maloney. He wishes to proceed. Mr. Secretary, please read the bill.
House Bill 1503. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Maloney.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1503 is identical to Senate Bill 1773, which we passed out of this Chamber a while back, which requires the Board of Higher Education, beginning in Fiscal Year 2013, to incorporate performance-based funding in the annual budget. They would do this in consultation with all members of the higher ed community. And this is an important measure that has come through consistently in all the activities that the higher ed community’s been involved in the last couple of years. It’s a first step toward budgeting for results. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Maloney, do you wish to close? …Maloney. 110 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
Just ask for a favorable vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 1503 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 1503, having received the required constitutional majority, is hereby declared passed. Majority Leader Clayborne in the Chair.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes, on House Bill 1513. Mr. Secretary, please read the bill.
House Bill 1513. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes.
Thank you, Mr. President. House Bill 1513 allows a municipality to deduct wage overages from an employee’s paycheck within six months of the overpayment with no written notification. This -- proponents on this are the Municipal League, Laborers, Will County Government {sic} (Governmental) League, DuPage Mayors and Managers. Passed out of committee unanimously.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 111 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Is there any discussion? Seeing none, the question is, shall House Bill 1513 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1513, having received the required constitutional majority, is declared passed. House Bill 1518. Senator Mulroe. Mr. Secretary, read the bill.
House Bill 1518. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Mulroe, to explain the bill.
Thank you, Mr. President and Members of the Senate. This bill is actually in two parts. The original bill of House Bill 1518 amends the Senior Citizen {sic} (Citizens) Real Estate -- Real Estate Tax Deferral Act. The bill is brought by the Department of Revenue and addresses some abuse of the program. Makes three changes to the Act: It increases the maximum income to qualify from fifty thousand to fifty-five thousand; it disqualifies properties that are held in certain kinds of trusts; and it caps the maximum deferral to fifty -- I’m sorry, five thousand per tax year of real estate taxes that can be deferred. The second part of the bill was due to an -- an amendment that we made. That part would exclude any increase in market value to railroad property due to investment in high- speed rail when the Department of Revenue calculates the 112 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 property’s fair market value for property taxes. This passed unanimously out of committee. And I know of no opponents at this time.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Lauzen.
Just -- to the bill. Just to echo the sponsor. This did pass unanimously out of Revenue Committee.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill 1518 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 1518, having received the required constitutional majority, is declared passed. Senator Crotty, on House Bill 1521. Mr. Secretary, please read the bill.
House Bill 1521. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty, to explain the bill.
Thank you. House Bill 1521 adds a new Section to the Community Living Facilities Licensing Act, the MR/DD Community Care Act, the Community-Integrated Living Arrangements Licensure and Certification Act, the Child Care Act, and the Community Service {sic} (Services) Act. This new Section states that the 113 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Office of the State Fire Marshal shall provide the necessary fire inspection to comply with the licensing requirements for facilities licensed under these Acts.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1521 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1521, having received the required constitutional majority, is declared passed. Senator Holmes, on House Bill 1537. Out of the record. Turning to the top of page 66. Senator Sullivan, on House Bill 1541. Senator Sullivan. Senator Sullivan. Out of the record. Senator Wilhelmi, on House Bill 1549. Senator Wilhelmi. Senator Wilhelmi. Senator Wilhelmi. Out of the record. Senator Raoul, on House Bill 1552. Mr. Secretary, please read the bill.
House Bill 1552. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1552 removes the discretion of the Illinois Department of Human Rights to reject an Equal Employment Opportunities {sic} (Opportunity) Commission finding and process the charge pursuant to the Illinois Human Rights Act. The bill 114 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 provides that the IDHR must adopt the EEOC’s finding as its own when the EEOC finds that there is not reasonable cause for determination of discrimination; however, the IDHR has the discretion to proceed with an investigation under the Act if the EEOC determines that there is reasonable cause for the charges. This is an effort to reduce the burden on employers where the EEOC has made a finding of no discrimination.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is -- the question is, shall House Bill -- excuse me, House Bill 1552 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 1552, having received the required constitutional majority, is declared passed. Senator Schoenberg, on House Bill 1558. Senator Schoenberg. Senator Schoenberg. Out of the record. Oh! Mr. Secretary, read the bill.
House Bill 1558. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schoenberg, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 1558 creates the Lake Michigan Offshore Wind Energy Council. And it provides a series of protocols and procedures for preparing a report that evaluates the issue of 115 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 the potential opportunities for offshore -- for offshore wind development. This sets up an initial process by which communities who are along Lake Michigan could indeed determine whether they wish to pursue an offshore wind option. I know of no opposition. And I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Haine.
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield. Senator Haine.
Senator Schoenberg, as someone who’s married to a fanatical birder, I would ask that this council take into account any effect on migratory bird life, as well -- of all types. Okay?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schoenberg.
I’m sure that the -- I’m sure that since there’s an active interest in people -- all things natural and all things green that the birders will be well represented as well and you’ll be able to come home safe and sound.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs, for what purpose you seek recognition?
Thank you, Mr. President. To the bill: I just want to thank the Senator for working out some compromises. Came through the Energy Committee with complete support. And I look forward to working with him to put some windmills on Navy Pier. 116 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, do you seek recognition again? Okay. Senator Schoenberg, to close.
I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 1558 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 50 voting Yea, 5 voting Nay, none voting Present. House Bill 1558, having received the required constitutional majority, is declared passed. Senator Johnson, on House Bill 1562. Senator Johnson? Out of the record. Senator Sandoval, on House Bill 1563. Mr. Secretary, read the bill.
House Bill 1563. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval, to explain.
Thank you, Mr. President, Members of the Senate. House Bill 1563 is an initiative of the MWRD. And the bill simply brings their pretreatment fines in line with the federal compliance as a result of an audit that their fines were not in compliance with federal standards. There was no opposition and I ask a favorable vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 117 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Is there any discussion? Seeing none, the question is, shall House Bill 1563 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 1563, having received the required constitutional majority, is declared passed. Senator Wilhelmi, on House Bill 1573. Senator Wilhelmi. Senator Wilhelmi. Out of the record. Senator Bivins, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point, Senator Bivins.
I’d like to introduce to the Senate a -- not only a very close friend of mine, in the gallery to my right, but also the Economic Development Director for the City of Rochelle. And I’ve known Jason Anderson for quite some time and have also had the privilege of coaching both of his daughters in volleyball. So I’d like to give Jason Anderson a nice warm welcome.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to Springfield. Thanks for coming. Enjoy your -- enjoy your day. Senator Collins, on House Bill 1574. Mr. Secretary, please read the bill.
House Bill 1574. (Secretary reads title of bill) 3rd Reading of the bill. 118 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Collins, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 1574 amends the Code of Civil Procedure and is designed to help renters obtain their security deposits if their building -- if their apartment building with five or more dwelling units is sold at foreclosure. When the apartment building is sold at foreclosure, the order confirming the sale must provide that the mortgagor transfer any security deposits for the property to the purchaser and provide an accounting for the security deposits. Let me just point out - I think the question came up in committee as well - that if the previous owner has expended the funds, the new purchaser would not be liable for the -- to the renters. I know of no opposition.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1574 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 1574, having received the required constitutional majority, is declared passed. Senator Dillard, on House Bill 1591. Out of the record. Senator Millner, on House Bill 1610. Out of the record. Senator Radogno, on House Bill 1658. Leader Radogno. Leader Radogno. Out of the record. Senator Steans, on Senate {sic} Bill 1659. Senator Steans. Senator Steans. Out of the record. Senator Dillard, on House Bill 1663. Out of the record. Senator Holmes, on House Bill 119 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 1684. Mr. Secretary, please read the bill.
House Bill 1684. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes, to explain.
Thank you so much, Mr. President. House Bill 1684 is identical to Senate Bill 1577, which passed unanimously out of here on April 14th. It’s an initiative of the MS Society.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1684 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1684, having received the required constitutional majority, is declared passed. Turning to top of page 67 is House Bill 1689. Senator Hutchinson. Senator Hutchinson. Senator Hutchinson. Out of the record. House Bill 1699. Senator Wilhelmi. Senator Wilhelmi. Senator Wilhelmi. Out of the record. House Bill 1700. Senator Holmes. Mr. -- Mr. Secretary, please read the bill.
House Bill 1700. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 120 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Holmes, to explain.
Thank you so much, Mr. President. House Bill 1700 provides that a municipality with a fire department and a fire protection district may negotiate to permit the fire protection district to retain jurisdictional fire service over an annexed parcel of property. It is permissive and it sunsets twelve months after becoming law or in June of 2012.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1700 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1700, having received the required constitutional majority, is declared passed. House Bill 1702. Senator Luechtefeld. Senator Luechtefeld. Senator Luechtefeld. Out of the record. House Bill 1707. Senator Hunter. Mr. Secretary, please read the bill.
House Bill 1707. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 1707 basically amends the Child Care Act. The bill states that DCFS shall work to increase the 121 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 immunization awareness and participation among parents and children enrolled in licensed day care by publishing on the DCFS website. This bill unanimously came out of the Human Services bill {sic}. I know of no opposition. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1707 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1707, having received the required constitutional majority, is declared passed. House Bill 1709. Senator Kotowski. Senator Kotowski. Senator Kotowski. Out of the record. House Bill 1710. Senator Maloney. Mr. Secretary, please read the bill.
House Bill 1710. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Maloney, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1710 provides that the Illinois Student Assistant {sic} (Assistance) Commission utilize the program to target low-income and potential first-generation college students with programs that promote college awareness and planning. This is a -- a program that I think is very, very 122 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 much needed. Any -- any participation the higher ed community in Illinois has been involved in the last couple of years, whether it’s the Public -- Public Agenda, Senate Joint Resolution 88, or the Complete College America, consistently comes through to -- to say that we need to target these young people to reduce the number of students who withdraw from high school before graduation, make sure they understand what a postsecondary educational path is, and increase the number of students who are better prepared to enter into the postsecondary -- postsecondary education. This would supplement the high school counselors. There’s about eighty-three thousand eighth graders that would be eligible under the income and education guideline. I think this is sorely needed and could result with some very, very positive results in terms of increasing our college retention and graduation rate. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Johnson, for what purpose you seek recognition?
To the bill: In committee, we -- there was some discussion about this. We agree in concept that the -- this is a good bill, but -- but the question remained as to the ending of the grant. The grant stops and ends in -- 2014. And our concern was that there would be -- who would pay for that after that grant ends. And the folks from ISAC assured us that it would be -- their funding would be found from an entity that would not require us to bond or anything else. And perhaps Senator Maloney would like to address that. 123 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Senator Maloney, to close.
Yeah, it -- it’s true that the funding will -- could -- it may or may not run out. But I think to take advantage of this funding for three years would be certainly advantageous. ISAC has said that they will concentrate early on with this funding on the eighth graders. We have that funding for three years. It can make a positive impact on those students. And there is also -- they have solicited the Lumina Foundation for additional funds that may or may not be coming. I have no way of predicting whether the funding will be available. I just think it’s advantageous for the students and our State to take advantage of the funding why it’s there -- while it’s there. I appreciate an affirmative vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 1710 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 42 voting Yea, 13 voting Nay, none voting Present. House Bill 1710, having received the required constitutional majority, is declared passed. Senator Silverstein, on House Bill 1712. Mr. -- Mr. Secretary, please read the bill.
House Bill 1712. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 124 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Silverstein…
Thank you…
PRESIDING OFFICER: (SENATOR CLAYBORNE) …to explain the bill.
…Mr. President. This amends the Illinois Property -- Power -- Power -- Power of Attorney Act. And it defines “excluding {sic} (excluded) power of attorney” to include powers of attorney given primarily to {sic} (for) various business, commercial and governmental purposes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1712 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 1712, having received the required constitutional majority, is declared passed. Senator Harmon, on House Bill 1717. Senator Harmon. Senator Harmon. Out of the record. Senator Raoul, on House Bill 1719. Senator Raoul. Senator Raoul. Senator Raoul. Out of the record. Senator E. Jones. Mr. Secretary, please read the bill - on 1748.
House Bill 1748. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones, to explain. 125 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
Thank you, Mr. President. House Bill 1748 gives the Illinois Department of Corrections the option of implementing voluntary opt-out HIV testing, an effective practice that -- that has been shown to increase HIV testing rates. This will help more inmates learn of their HIV status, which in turn will protect our communities when they leave prison to reduce the IDOC acute care costs. I’ll be happy to answer any questions. Know known opposition as well. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1748 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1748, having received the required constitutional majority, is declared passed. House Bill 1760. Senator Crotty. Mr. Secretary, please read the bill.
House Bill 1760. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty, to explain.
House Bill 1760 makes three changes to the Metropolitan Water Reclamation District of Greater Chicago’s hiring and promotion process. First, it allows the MWRD to eliminate a candidate for promotion due to failing the seniority and 126 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 efficiency portion of the promotion exam. Secondly, it addresses the situation of candidate vacancy. And, finally, it inserts gender-neutral language.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Lauzen.
Thank you, Mr. President. Just a question for the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Lauzen.
Senator, what is a seniority examination? How do you test someone’s seniority? Is that -- how do you go about that?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
Well, in the seniority, along with -- it’s seniority and the efficiency portion. That’s what the -- a portion of it is called. But that’s saying that just because someone is there for a long time -- if they are proficient in the -- in the job that they’re doing, that they would not -- that would not qualify them to get a promotion. It’s their evaluation.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.
I’m sorry, Senator. I don’t understand that. What is a seniority examination?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
127 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 It’s just a portion of the exam that takes in consideration how long they’ve been there.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.
So the seniority is like a criteria for hiring or promotion. It’s not actually an exam. It’s not a testing of something. It’s just -- it’s a part of the assessment.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
Exactly correct.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen. Any further discussion? Seeing none, the question is, shall House Bill 1760 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 1760, having received the required constitutional majority, is declared passed. Senator Koehler, for what purpose do you seek recognition?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point, Senator Koehler.
Up in the gallery behind the Senate Democrats, we have Mr. Will Bounds. He is the father of -- of Travis Bounds, who’s on our staff here. He’s from Marshall, Illinois, who’s {sic} in 128 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Righter’s district. I’d like to have the Senate give him a good welcome.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please stand and be recognized. Thank you for coming to Springfield today. Hope you enjoy your day. House Bill 1825. Senator Steans. Out of the record. Turning to top of page 68. House Bill 1831. Senator Garrett. Mr. Secretary, please read the bill.
House Bill 1831. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett, to explain.
Yes, thank you, Mr. President. House Bill 1831 amends the Block Grants for Chicago Article of the School Code to remove the provision that requires the educational services block grant to include the Bilingual Program. Under this legislation, CPS would be required to submit claims for bilingual education, as opposed to the current practice where they receive fifty-five percent of funding for the -- from the entire State for the district’s Bilingual Education Program. This bill actually passed unanimously out of the Senate. This is the House version. We had two competing bills. So I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1831 pass. All those in favor, vote Aye. 129 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 1831, having received the required constitutional majority, is declared passed. House Bill 1857. Senator Koehler. Mr. Secretary, please read the bill.
House Bill 1857. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Koehler, to explain.
Thank you, Mr. President, Members of the Senate. House Bill 1857 amends the State Officials and Employees Ethics Act {sic} (Metropolitan Water Reclamation District Act). Currently, officers and employees of the Metropolitan Water Reclamation District of Greater Chicago are prohibited, at any time, from soliciting, giving, or receiving political contributions or assisting a candidate or a political party. This bill conforms the contribution provisions with similar provisions in the State Officials and Employees Ethics Act, thus allowing officers and employees to solicit, give, or receive political contributions so long as such contributions are not solicited, given, or received during the officer or employee’s compensated time. It also allows the -- the District officers and employees to assist candidates and political parties so long as such activity is not during compensated time. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 130 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Is there any discussion? Seeing none, the question is, shall House Bill 1857 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1857, having received the required constitutional majority, is declared passed. House Bill 1865. Senator Jacobs. Mr. Secretary, please read the bill.
House Bill 1865. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs, to explain.
Thank you, Mr. President. This bill is identical to Senate Bill 1533, which we passed out of the Body last week. It simply allows, but does not require, MidAmerican Energy to arrange procurement of power through -- through other means. I know of no real strong opposition.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Lauzen.
Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield. Senator Lauzen.
Can you tell me how this legislation will affect -- or what effect the Illinois Power Agency has on this legislation? I 131 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 don’t know which way it goes, but the involvement of the Illinois Power Agency that has a lot of controversy around it, how does this fit into your legislation? Could you describe it?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
Yes, as we spoke about last week, I know you have some difficulties with the Illinois Power Agency, but that’s really not my fight. My fight is to allow customers to procure power at a cheaper rate. As you know, MidAmerican Energy is a good provider in Illinois. They haven’t had a rate increase in many years. And I would hope that we do get to the bottom of this, I -- or, this Illinois Power Agency authority question which you’ve raised, and eloquently raised.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.
Actually, it’s not my -- my fight with IPA. It is the Auditor General, who has made it crystal clear that there’s gross incompetency and perhaps something more serious than that. And if, in your legislation, the Illinois Power Agency that can’t do the most fundamental things in its agency is going to be advising anybody on any subject that -- that any of our constituents are going to rely on, then I would say that this is not a good -- to have someone as -- as proven incompetent as the current Director of the IPA advising anybody is -- is really misdirected -- misguided. So, it -- this is not about a -- a fight on something. It’s that if your legislation says that the Illinois Power Agency is going to be providing advice, they 132 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 can’t do the fundamental stuff right. So, can you describe what -- what role the IPA plays in this legislation?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
I think the important matter here is that the ICC staff, the CUB, AARP, the Attorney General’s Office of Illinois have all reviewed this and had -- found no opposition, signed off on the legislation. I would just say that if you have a problem with the Illinois Power Agency, that you address that. But I don’t think by giving a -- a quasi-State agency more authority to purchase power, we’re doing anything out of the norm. I would just encourage you to find the Bill Room {sic} and to come to the Floor with a bill if -- if you want shut that agency down, sir.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.
Senator, that answer is so irresponsive to the question that it -- it’s -- all I’m asking is for you to describe legislation that you’re sponsoring and what role the IPA is going to play in it. I’m asking for an answer to that question on behalf of at least the constituents who I serve.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
Yes, by approving House Bill 1865, that will allow MidAmerica {sic} to add flexibility to explore economical ways to meet the electrical needs of customers for years to come. I 133 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 don’t know what more I could possibly tell you, other than they believe this is a way for them to lower costs for their customers. And the Attorney General has looked at this issue and really doesn’t agree with you. And so it just seems to me that if you have a problem with the Illinois Power Authority {sic}, I suggest you find the Bill Room {sic}, which is located on the first floor, and come to the Floor and -- and abolish the agency. But as long as they are a legitimate line of communication, someone that can help us lower utility costs, we ought to consider it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.
Okay. Well, here, maybe I can take a different approach. Maybe I can try to answer the question that I’m just asking you. According to our analysis, it says this legislation would make changes to the Illinois Public Utilities Act and the Illinois Power Agency to allow, but not require, MidAmerican Energy Company to arrange for procurement of power to meet the electric needs of Illinois customers through the Power -- the Illinois Power Agency. So that is a one-sentence answer to a natural question. I don’t need to be told where the -- you know, the bill -- you know, drafting agency is in this building after nineteen years, Senator. I think that you -- you owe the Members of this Body even a one-sentence answer; that it would allow them to give analysis. I don’t think that you can expect Yes votes when you answer -- or, don’t answer questions so obviously in a -- a matter of just asking straightforward questions. 134 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
I would just point out that you’ve asked and answered your own question. If you know the answer, you’ve given it to us. Everybody -- I hope everybody heard the answer. He asked the question and gave us the answer. Senator, again, if you have a problem with this agency, you are a sitting Illinois Senator, you have the right to -- to go to the Bill Room {sic} and get a bill and bring it to the Floor and do something about it, instead of complaining about it. You know, you have authority. You’ve been here for nineteen years. And, you know, as a new Member, I’m looking forward to your leadership on this issue.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Let’s stay on subject. Let’s stay on subject. Any further discussion? Seeing none, the question is, shall -- question is, shall House Bill 1865 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 33 voting Yea, 24 voting Nay, none voting Present. House Bill 1865, having received the required constitutional majority, is declared passed. Senator Haine, on House Bill 1866. Mr. Secretary, please read the bill.
House Bill 1866. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain. 135 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
Thank you, Mr. President. This is a bill which increases the Upper Illinois River Valley Development Authority’s bonding authority from a quarter of a billion {sic} to half a billion dollars. It removes the moral obligation authority, which they -- they don’t want; they don’t like using. And some other minor parts of the bill: They -- they want to pay debt service on a business, actually, which did not work out - one of the very few that -- that hasn’t. This is in a growing part of the State. Many of the other local developmental authorities have taken away the moral obligation powers and they also have tax exemption powers. The State financing authority opposed the bill, alleging that it was unfair competition, although I -- I’ve -- I respectfully dissent from that view. The -- the IFA doesn’t do much downstate; all these other agencies do and they’re asking for the authority. Other than IFA, there was no opposition.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question -- question is, shall House Bill 1866 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are -- there are 48 voting Yea, 7 voting Nay, none voting Present. House Bill 1866, having received the required constitutional majority, is declared passed. House Bill 1872. Senator Silverstein. Senator Silverstein. Senator Silverstein. Out of the record. House Bill 1883. Senator Hutchinson. Out of the record. House Bill 1884. Senator Crotty. Mr. Secretary, please read the 136 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 bill.
House Bill 1884. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty, to explain.
Thank you. House Bill 1884 creates a bus on shoulder pilot program, whereby certain public buses designated by IDOT will be allowed to drive on roadway shoulders. The five-year pilot program shall be established by IDOT and Pace, in conjunction with the State Police. IDOT is required to issue a report to the General Assembly on the effectiveness of the bus on shoulders pilot program after the program has been operating for two years. This program allows the public transit busing restricted low-speed use of the shoulder on I-55 for approximately seventeen miles between Kedzie Avenue and I-355. Safety is the overall goal of this demonstration. Pace, RTA, IDOT, and the Illinois State Police have worked together to develop operating, communications, incident management, and enforcement plans. The shoulder is only used when the congestion in this corridor is so bad that traffic speeds fall below thirty-five miles an hour. Buses shall not exceed the speed of that general traffic by more than fifteen miles per hour. The demonstration is the first phase towards future development of bus rapid transit in this corridor, as required by the legislation adopted in 2008. I think the benefits of this demonstration include reduced congestion, improved air 137 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 quality. It utilizes existing infrastructure in a cost- effective program. It tests service markets before making a major capital investment. It’s shorter travel time for passengers on existing Pace Express bus service and it’s improved on-time performance. Bus on shoulders is operated in several metropolitan areas in the country, including Minneapolis-St. Paul, Cincinnati, Columbus, Miami, San Diego, and Atlanta. The demonstration is expected to begin in fall 2011 and continue for two years and then we will be getting the evaluation report conducted during that second year. To my knowledge, there are {sic} no opposition to this bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Pankau.
Thank you, Mr. President. A question for the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Pankau.
How are you going to get the word out that it’s okay for the bus to be on the shoulder? I mean, I’m just going back to some of my own driving experiences over the years, when people start using the shoulder because everything is backed up and then somebody in line kind of moves over so they’re halfway in the shoulder and halfway in their own right lane, and, in essence, stops everything. So, would -- would somebody be violating something if they did that? I mean, does the bus have the quote, unquote, “right-of-way” there?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty. 138 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
Thank you, Senator Pankau. That was brought up in committee. And there will be mass information sent out on this program. There’s also going to be signage on the -- on that bus lane that designates only buses -- the designated buses would be able to use that shoulder.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau.
So, the State Police or -- no one has a problem with this from a safety point of view?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
No. And a matter of fact, the groups that I had mentioned in my opening statements have really worked on this program and are very confident that this will be an asset to Illinois.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau. Further discussion? Senator Dale Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Righter.
Senator Crotty, this is the first time that I’ve seen this bill, so please indulge me a little bit why -- while I understand what it is were trying to do here. This is a pilot program to allow CTA buses to use a shoulder as a regular route of traffic in certain circumstances with regard -- when there’s 139 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 significant congestion. Is that a fair characterization of the bill?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
Would -- it would not be a CTA bus; it will be a Pace bus. But everything else, you’re correct.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
Thank you, Mr. President, and thank you, Senator, for that clarification. Here’s my concern: Is -- the shoulder is used for motorists who have a problem with their vehicle - change a flat tire, need to cool down the radiator. The shoulder is used by police cars in emergency situations. It’s used by ambulances in emergency situations. I guess -- I’m sure you’ve thought this through, Senator, particularly with regards to emergency vehicles. What about the situation where we have one of these large buses traveling along the shoulder and you have an emergency vehicle, like an ambulance, caught behind it and can’t get to the scene of the accident. How do we deal with that?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
Emergency vehicles do have the right-of-way over the bus and the bus will merge back into traffic and allow that vehicle to -- to go by. As traffic picks up, this bus also will merge into traffic. It’s only when the traffic gets below thirty-five miles an hour that the bus then will get into that lane. 140 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
Well, I guess -- I guess that’s the point I’m making, Senator. This is only going to become effective when traffic is really moving slowly and it’s very congested - it’s bumper to bumper. I don’t live up there; you do. I’ve been up there, though, and I’ve been in a little of that traffic and it’s awful. And what it makes me think is, there is no way that, in an emergency situation, one of these big fat buses is going to be able to just easily move over back into a lane of traffic to allow for the ambulance to pass by. That -- that could take minutes, at least - minutes that could create a real issue for the person who needs the ambulance or who’s in the ambulance. I mean, do you see where I’m going with this? Is -- do you not think that -- that even that delay of time could create a real issue for an emergency responder or someone who needs that care?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
They have -- they have looked at this specifically and they seem to think that because the traffic is moving that they would be able to merge right back into traffic.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
Thank you, Mr. President. What if the traffic’s not moving? Or what if it’s moving five miles an hour and it’s bumper to bumper? I mean, in -- in -- I mean, would this -- 141 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 would the bus be allowed to be on the shoulder in a situation like that, where traffic is literally crawling along or it’s stop and go, so there’s not an opportunity necessarily to create the gap that’s necessary to get the bus back into the lane of traffic?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
I have not anything to show that it would be a problem. Again, they have looked at the other parts of the country that have this program. And, like I say, within the two years, they will be evaluating it and sending us a report. But in the meantime, they’re going to be evaluating and making any changes to this program as they see fit.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Senator Sandoval.
Thank you, Mr. President, Members of the Illinois Senate. I stand in support of Senator Crotty’s initiative. I find it quite visionary and about time in America, especially here in the State of Illinois, that we move on with using alternative sources of transportation. I just remind all of you, as you’ve been -- as you we’ve been grappling with this tough economy and we’ve been grappling with the high price of gas at the pump - you know, we’re nearing five dollars a gallon - it’s about time that the State of Illinois provide leadership when providing alternative modes of transportation. We need to start moving off our -- our dependence of foreign oil in this country. This bill - what I consider bus rapid transit light - is a 142 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 demonstration project that gets us to that alternative mode of transportation, that gets our folks out of the cars, onto the bus, onto the rail, and lessen our dependence on foreign oil. It’s a great bill. It’s about time. And we in the Midwest are known as leaders when it comes to transportation infrastructure and modes of transportation. I rise in support and I ask all green lights on this bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Senator Bomke.
Thank you, Mr. President. Question to the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Bomke.
It -- it’s not really a question, Senator Crotty; it’s really -- I thought you might want to elaborate on some of the large communities out of Illinois that are doing this now and the success they’ve had. I know there were - Minneapolis comes to mind - there were a number of them that are doing it - maybe Miami, Los Angeles. And I think they’ve had a successful program. You might want to elaborate on their success and if there have been any problems with it, and maybe that will put to rest some concerns.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
Thank you, Senator Bomke. I -- just to repeat those areas, and they’re in metropolitan areas of the country: It’s Minneapolis-St. Paul, Cincinnati, Columbus, Miami, San Diego, 143 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 and Atlanta. And to my knowledge, they’re running these programs very efficiently. And they’ve been very well received.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Senator Cultra.
Thank you, Mr. President. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Cultra.
Is Pace currently using these roads now?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
No.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cultra.
All right. Why can’t they start using ‘em and -- I mean, I can’t see why they can’t use the roads if they want to, if -- if that’s -- would be more convenient and faster for ‘em. Why do - - why do we need to allow ‘em to drive on the -- the side of the road?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
The reason being, in this seventeen-mile strip, when there’s congestion, it’s a pilot program that allows the bus then to get over to the left shoulder and continue to travel, so 144 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 that we can move more passengers to -- to their destinations quickly and more efficiently, safely.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cultra.
So, you -- the traffic is moving so slow, it’s not economical for the Pace buses to use these stretches of road now?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
They -- they can use the roads now. It’s just that they can’t -- they can’t use the shoulders, and this is allowing them to do that - the left shoulder.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cultra. Any further discussion? Seeing none, Senator Crotty, to close.
I just would ask for an Aye vote. Thanks.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 1884 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 48 voting Yea, 6 voting Nay, none voting Present. House Bill 1884, having received the required constitutional majority, is declared passed. House Bill 1888. Senator Jones. Mr. Secretary, please read the bill.
145 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 House Bill 1888. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones, to explain.
Thank you, Mr. President. House Bill 1888 is a recommendation of Roseland Community Hospital. House Bill 1888 creates the Roseland Community Medical District Act. And it -- it establishes a new medical district in Cook County to attract and retain academic careers {sic}, viable health care facilities, medical research facilities, emerging high technology enterprises, and other facilities. The medical district boundaries are west of -- 110th Street and north {sic} (east) of South Stewart Avenue and on the west side of Michigan Avenue. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Dillard, for what purpose do you seek recognition?
Thank you. If the sponsor would yield for a question.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield. Senator Dillard.
Thank you. Senator Jones, there’s been a lot of discussion about the future of Cook County Hospital, Roseland Hospital, Oak Forest, all of what I call the safety net hospitals in the City of Chicago. How does your plan fit in with that? And does the new Cook County Board Chairwoman, Toni Preckwinkle, have an 146 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 opinion of your legislation?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones.
Well, if Ms. Preckwinkle has an opinion on -- on my hospital, she certainly hasn’t said anything to me. I don’t know if you do know, Roseland Community Hospital is on the rise, with many smaller facilities been built up around it. And I think this is an excellent opportunity for Roseland to really show the neighborhood that it’s going to be around for a long time.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
Thank you. A long time ago, I had the privilege of working with Roseland Hospital in -- in a private law capacity, and it is truly a needed, needed institution for health care in an area that I know Senator Jones represents well. And anything, Senator Jones, that sustains what I call safety net hospitals in your area and in Cook County is a good idea. And, you know, I - - I urge you to work with -- I know Ms. Preckwinkle has -- is off to a good start as the Cook County Board President. I was with a group of people yesterday who have great concern about what the future of health care is, especially for low-income people in Cook County, but I think this is a good bill and a good start. So, thank you, Senator Jones. I support your bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Senator Schoenberg.
147 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill, Senator Schoenberg.
I -- I want to underscore some of the comments that were made. I’m speaking in support of this bill. This -- this area not only needs to preserve health care that exists so -- not only because it helps alleviate a burden on the public health system at Stroger Hospital, but also it’s a major employer within this community. And I don’t think we should lose sight of the fact, as we move forward on this and other policy matters that have to do with hospitals, that in addition to wanting to ensure that people have access to quality care in their respective communities and alleviate the burden on the public system, that these hospitals also are major employers and major drivers of economic activity. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Senator Maloney, for what purpose you seek recognition?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill, Senator.
This district lies adjacent to mine. I’m very, very familiar with the area. And with the passage of this bill, this would not only be the first major step toward improving the health care of the neighborhood, but this could be the first major step in revitalizing the economy of the neighborhood. And 148 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 I commend Senator Jones for its introduction and would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill 1888 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 46 voting Yea, 10 voting Nay, none voting Present. House Bill 1888, having received the required constitutional majority, is declared passed. Senator Schoenberg, for what purpose do you seek recognition?
I rise on a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.
Mr. President and Ladies and Gentlemen of the Senate, earlier today we had the pleasure of being joined by the boys half of the Marie Murphy School, the seventh graders, who are here at the State Capitol. I’m proud to introduce the young women of Marie Murphy, who are here from Wilmette, Illinois. They, too, are part of this school’s fine tradition that saw them placing second in the Science Olympiad. They, too, are part of this school’s exemplary academic tradition. They are lead by Kathy Mazur, Beth Kaufman, and Angie Piechowiak. And could we please give our guests from Wilmette a warm Senate greeting? Thank you very much.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please stand. And welcome to Springfield. And 149 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 congratulations to you all. Hope you enjoy your day. With leave of the Body, we will return to House Bill 1872. Senator Ira Silverstein. Mr. Secretary, please read the bill.
House Bill 1872. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein, to explain.
Thank you, Mr. President, and go Cards. This authorizes -- this amends the -- the Downstate -- Police Article of Pension -- of the Illinois Pension Code. Authorizes a person, for sixty days after the effective date of the amendatory Act, to transfer up to ten years of creditable service from an Article 5 pension fund to a Article 3 pension fund after paying the Article 3 fund the amount that is determined that is -- by the board. This will be no cost to downstate pensions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Brady.
Thank you, Mr. President. Just to confirm what the sponsor said. In committee, we asked the question about who would pick up any unfunding in the actuarial cost of the transfer. Both your staff and ours conferred that the moneys paid in would move to the downstate fund. They would actuarially determine if it was enough to meet the obligation. If not, the employee, in order to be entitled, would have to meet that obligation.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 150 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Silverstein.
That is correct, Senator Brady.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill 1872 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1872, having received the required constitutional majority, is declared passed. Senator Bomke, for what purpose do you seek recognition?
Thank -- thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke, please…
Like -- like to introduce to the Chamber today, visiting the Capitol, up in the gallery, friends of mine - if they would stand up. The Reddys, Gopal and Tulasi, and their nephew is visiting the Capitol today.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to Springfield. Thanks for being here. Moving right along to House Bill -- 1908. Out of the record. Moving right along. House Bill 1909. Senator Koehler. Out of the record. House Bill 1926. Senator Steans. Senator Steans. Senator Steans. Out of the record. House Bill 1928. Senator Haine. Mr. Secretary, please read the bill. 151 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 1928. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain.
Immediately following Senator Steans. Thank you, Mr. President, Ladies and Gentlemen of the Senate. This House bill amends the Open Parole Hearings Act and it provides that certain oral, recorded and videotaped victim impact statements are considered by the PRB to be confidential. It also expands the definition of “victim” to include additional relatives by blood and marriage or guardianship or adoption, or friends of the victim’s or concerned citizens. This is to -- both provisions are to allow freer access without the possibility of threats from the family of the inmate. The only opposition presented at committee was the attorney who represents the criminal.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1928 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill -- House Bill 1928, having received the required constitutional majority, is declared passed. House Bill 1948. Senator Frerichs. Out of the record. House Bill 1949. Senator Maloney. Mr. Secretary, please read the bill.
152 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 House Bill 1949. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Maloney, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1949 amends the Illinois Police Training Act and changes the composition of the Illinois Law Enforcement Training Standards Board by eliminating the Director of the Board of Higher Education. This is simply not consistent with the mission of the Board of Higher Education, and when I tell you the members, you’ll understand why. Currently, the membership includes the Attorney General, the Director of State Police, Director of Corrections, Superintendent of Chicago Police, the Sheriff of Cook County, Director of Illinois Police Training Academy {sic} (Institute), and the Special Agent in Charge of the FBI. So, I really don’t see the -- the logic in having the head of the Illinois Board of Higher Education on this -- on this… Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1949 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1949, having received the required constitutional majority, is declared passed. House Bill 1953. Senator Steans. Senator Steans. Senator Steans. Out of the 153 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 record. Turn to top of page 69. House Bill 1956. Senator Schmidt. Mr. Secretary, please read the bill.
House Bill 1956. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schmidt, to explain.
Thank you, Mr. President. This bill amends the IMRF Article of the Pension Code to allow retired members to return to work for an IMRF employer in a position requiring less than the employer’s hourly standard for participation in IMRF and to keep their pension. The bill does not allow IMRF retirees who return to work in a position that participates in IMRF to continue to receive their pension at the same time. This bill actually affects smaller bodies of government, like libraries and park districts.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1956 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 1956, having received the required constitutional majority, is declared passed. House Bill 1957. Senator Trotter. Senator Trotter. Senator Trotter. Out of the record. House Bill 1960. Senator Dillard. Mr. Secretary, please read the bill. 154 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 1960. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard, to explain.
Thank you, Mr. President and Members. This bill is an initiative of the Associated Detectives and Security Agencies of Illinois, and it’s supported by the Illinois Bankers Association, the Creditors’ Coalition for Foreclosure Best Practices, the Community Bankers Association, and the Illinois Credit Union League. And what it does is it deals with the time frame of when somebody can bring a motion to quash service in a foreclosure action, and it eliminates the ability to bring that motion late and stall these proceedings. It does keep the safeguard and it says that these motions need to be made in the first sixty days, but it does give the judge the discretion to waive the sixty-day requirement. So, there’s judicial safeguards in there. But it is -- it is -- it is basically to limit the ability to file these motions to quash service that slow down these actions, and it can happen on either side. And I know of no opposition. And the credit community’s there and there are plenty of safeguards in there as well. I’d be happy to answer any questions. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1960 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 155 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 1960, having received the required constitutional majority, is declared passed. House Bill 1966. Senator Sandoval. Martin Sandoval. Mr. Secretary, please read the bill.
House Bill 1966. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval, to explain.
Thank you, Mr. President. House Bill 1966 is an initiative of the Midwest High Speed Rail Commission -- Association. It is a bill that -- that passed identical in the Illinois Senate - that was Senate Bill 2571. And it was passed unanimously out of the House. There is no opponents and it passed unanimously out of committee.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1966 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, 2 voting Nay, none voting Present. House Bill 1966, having received the required constitutional majority, is declared passed. Senator Hutchinson, for what purpose do you seek recognition?
156 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point, Senator Hutchinson.
I would just like the Members of the Senate to join me in saying a very warm happy birthday to a wonderful staffer that we have, Mr. Bryen Johnson.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Happy birthday. Happy birthday. Happy birthday, Bryen. Moving on to House Bill 1985. Out of the record. House Bill 2001. Senator Millner. Out of the record. House Bill 2019. Senator Delgado. Mr. Secretary, please read the bill.
House Bill 2019. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado, to explain.
Thank you, Mr. President, Members of the Senate. House Bill 2019 repeals the Community Senior Services and Resources Act. It was intended -- the Act was -- was created in 2003. It was intended to direct Department on Aging to advocate on behalf of community seniors and resource centers and to financially assist them through direct grants and alternative funding resources. These actions are based on funds available, and to date, no funds have been made available to the Department for this Act. So therefore -- and it was also found to be duplicative and other Department -- of other Department 157 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 functions. Since the Act is unfunded and duplicative, its repeal will have no effect on existing programs or functions. And this elimination unfortunately does not save the State any money, since there’s been no money put into the program in the first place. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2019 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 2019, having received the required constitutional majority, is declared passed. House Bill 2020. Senator Delgado. Mr. Secretary, please read the bill.
House Bill 2020. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado, to explain.
Thank you, Mr. President and Members of the Senate. House Bill 2020 amends the Elder Abuse and Neglect Act to redefine the phrase “domestic living situation” to mean the location an individual is living in at the time of the report. This would allow the Department on Aging to investigate reported cases of elder abuse where the individual resided within a domestic living situation at the time of the abuse, but no longer does. And I would ask for your Aye vote. There’s no opposition. 158 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2020 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2020, having received the required constitutional majority, is declared passed. Proceeding to House Bill 2023. Senator Harmon. Senator Harmon. Senator Harmon. Out of the record. House Bill 2043. Senator Delgado. Mr. Secretary, read the bill.
House Bill 2043. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado, to explain.
Once again, thank you, Mr. President, Members of the Senate. House Bill 2043 alters the meeting and reporting requirements for Senior Pharmaceutical Assistance Review Committee under the Department on Aging. Specifically, this legislation removes requirements for the Committee to meet at least quarterly and to report to the General Assembly and Governor annually; instead, it’s going to require the Committee to meet when it’s deemed necessary by the co-chairs and report to the General Assembly and Governor only when the Committee agrees it is necessary. And I would ask for your Aye vote. There’s no opposition at this time. 159 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is -- question is, shall House Bill 2043 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 2043, having received the required constitutional majority, is declared passed. House Bill 2056. Senator Schmidt. Out of the record. House Bill 2069. Senator Wilhelmi. Mr. Secretary, please read the bill.
House Bill 2069. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 2069 states that if, according to the most recent federal decennial census results, the population of a municipality increases, then the municipality may adopt an ordinance or resolution to -- to retain the current number of aldermen. This is similar to my Senate Bill 1686, but this version is preferred because it only allows for status quo number of aldermen in the event of an increase in population. I’d be happy to answer any questions and I ask for your support.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2069 pass. All those in favor will vote Aye. 160 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill -- 2069, having received the required constitutional majority, is declared passed. House Bill 2084. Senator Noland. Senator Noland seeks leave of the Body to return House Bill 2084 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 2084. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Noland.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The amendment simply makes the bill subject to appropriation and offers -- and provides for a sunset of December 31st, 2019.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Turning to the top of page 70 is House Bill 2086. Senator Lightford. Senator… Mr. Secretary, please read 161 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 the bill.
House Bill 2086. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2086 amends the Alternative Learning Opportunities Law of the School Code. It provides that under no circumstances may an eligible student be denied -- oh, I believe we have an amendment to this, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The amendment was adopted in committee.
Thank you, Mr. President. Wanted to make sure I was not going against my commitment here. The bill provides that an enrollment in a charter alternative learning opportunities program shall be available for a student who has been expelled or suspended for more than twenty days. Students at risk of academic failure may not be denied access to an alternative school or an alternative learning program if they’ve been suspended or expelled. But we wanted to make sure that if there was a safety or a risk to other students, that there be different considerations. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is -- is, shall House Bill 2086 pass. All those in favor, vote Aye. 162 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 2086, having received the required constitutional majority, is declared passed. House Bill 2094. Senator Johnson. Mr. Secretary, please read the bill.
House Bill 2094. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 2094, this bill defines “bait” and “baiting” in the Wildlife Code for hunting wild turkeys and white-tailed deer. Although baiting these animals is illegal under current law, baiting is not defined in this Act. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2094 pass. All those in favor, vote… Senator -- Senator -- wake up then. Senator Haine, for what purpose do you seek recognition?
Would the sponsor yield?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Haine.
163 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 This is a wild turkey bill? Is that what I understand?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
Yes, it defines the definition of “bait” for wild turkey.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.
I am -- then I would -- I was assuming - this is a confusing bill - that the wild turkey was a hundred and one proof version. So I -- I -- you’ve just lost my vote on this bill. I would like the Senator to define “baiting”, since this now defines “baiting”. Would you please define it in a succinct fashion for the Members of the Senate?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
I would be happy to. Baiting means the placement or scattering of bait to attract wild turkeys or white-tailed deer.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.
And -- and the purpose of that is to what?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
The purpose of that would be to bring a -- the wild turkey into a certain area where hunters could hunt them.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 164 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Haine.
And that’s going to be a criminal offense, that hunters are better able to shoot a wild turkey?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
Yes. That would be a Class B misdemeanor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.
So, in other words, Senator, the State of Illinois requires one to buy a license to hunt wild turkeys. You pay a tax on the rifle that you purchase. You pay tax on the -- the munitions to put in the -- the rifle. You pay taxes on all the clothing gear you buy at the -- the hunters’ store. You pay taxes on the gasoline so your off-the-road vehicle can get out there. But then when shoot one, if you spread something out to encourage them to come, we’re going to prosecute you. Does that make any sense to you?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
That’s the Illinois law.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.
Senator, I -- there’s a higher law. There’s the law of the predator, the laws of men who hunt, and I would urge you to take 165 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 this out of the record and consult the NRA and the State Rifle Association on this and the duck hunters - the Ducks Unlimited. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Murphy, for what purpose you seek recognition?
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Murphy.
Senator, the -- you’re -- you’re going to try and bait wild turkey and -- and white-tailed deer. What are you going to do when you catch ‘em?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
Well, it would be hunters that would be baiting them. And I believe when the hunters would bait them, they would hunt them.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Murphy.
You know, your -- your predecessor valiantly lead the charge - I -- I don’t think it’s an overstatement to say he was a one-man band on the issue - of keeping a horse slaughter facility in your district available. Is this just your backdoor way of -- of -- of funneling animals into Senator Burzynski’s horse slaughtering machine? And I guess, more importantly, how does Bo Derek feel about your bill? 166 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
Well, I have not consulted with Bo Derek in regards to this bill. And, no, this is not my backdoor way of funneling animals into Senator Burzynski’s horse slaughtering plant.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Murphy.
Well, I -- I appreciate greatly your distance from your predecessor on this bill and -- and in other ways, both substantively and stylistically. We welcome you to the Senate. You’ve been a great addition and congratulations on your first bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield.
Senator, are you aware that, in my district, Governor George Ryan built a hundred-million-dollar prison that sits empty today? Are you aware of that?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
Yes, I am.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 167 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Jacobs.
If you’re able to trap these little animals, do you think that might be an end location for these -- for these animals, that -- that prison? I know people are against putting the Gitmo detainees in there, but would they take these little tiny animals from the suburbs and put them in there?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
I don’t believe the intention of this bill is to trap the animals, Senator. I -- I don’t think that they are going to be able to be moved.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
In closing, I’d just like to point out that we voted in this Chamber to end the death penalty, and I think you ought to follow it, Senator.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
Thank you, Mr. President. I was just curious if -- if the sponsor would yield for a question.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Dillard.
You know, I went to the women’s gridiron show and there was a skit about freshmen in the House wearing red jackets, and I 168 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 just want to know whether Senator Brady and Senator Syverson made Senator Johnson wear a red jacket today for her first bill here.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
My fellow seatmates did not inform me of any requirement to wear a red jacket today.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
Just a red flag. The -- I had some friends in college who used to partake of a beverage called Wild Turkey. Is that what you use for bait when you’re trying to kill these precious little animals?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
No, Senator, we do not use any liquor to bait turkeys.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard. Senator Dillard, you finished? Senator Delgado.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Delgado.
Thank you. It’s my first opportunity to say hello again, outside of committee. I guess my question is, we just ran a 169 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 bill that has buses running on -- on the park -- on the parkway, if you will -- or, on the shoulder. Will we have any signs posted for the deer and turkey to stay off the shoulders or -- or -- or is this the way to get a few extra road kill with the buses? What -- have you thought about that? Will they be free of those buses coming down the side of that shoulder?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
Generally, this type of baiting activity does not take place on asphalt.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado. Senator Holmes, for what purpose you seek recognition?
A question of the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Holmes.
I just have one simple question. I’m not quite sure what it is with your side of the aisle. You’ve now gone after the muskrats. Now we’re going after the turkeys. And I’m just wondering, what’s next? - the bunnies, the squirrels, the groundhogs. I’m just a little curious.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
I think it has to do with the nature of our districts.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 170 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Holmes.
I -- I was just curious, because I was sort of wondering if we should be notifying the other species that you’re sort of out to get them. That’s all. To the bill now?
PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill, Senator Holmes.
I just want to say, I’m -- I’m sure this is an admirable first bill, and I just want to congratulate the Senator on sponsoring this. And welcome to the Senate.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
I’m -- I’m really intent on listening to this debate. And, Senator Johnson, are you saying from now on I could be arrested if I baste my turkey?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty -- Senator Johnson.
No, Senator. There’s a distinct difference between a domestic turkey and a wild turkey.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.
Oh, thank you very much, ‘cause I can see a lot of my family members looking for a reward as they turn me in on Thanksgiving. But I just want to say, I think this is a great bill. And I encourage everybody to give Senator Johnson their 171 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 green lights. Congratulations.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Seeing no further discussion, Senator Johnson, to close.
I would just ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 2094 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2094, having received the required constitutional majority, is declared passed. Moving right along. House Bill 2101. Senator Wilhelmi. Mr. Secretary, please read the bill.
House Bill 2101. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2101 represents a joint effort of the Illinois County Treasurers’ Association and the Illinois Credit Union League to clarify existing law in the area of county authorization to deposit funds in credit unions. Many counties today rely on the clear investment authorization for them to deposit funds in credit unions, as set forth in the Public Funds Investment Act. It has been recommended that the authorization 172 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 be reiterated in the Counties Code for the avoidance of doubt and to provide clarification. That’s what this bill does. I’m happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Lauzen.
A question for the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield. Senator Lauzen.
I notice in our analysis that there were -- that there was substantial opposition over in the House. Was that corrected in an amendment or what was the nature of that opposition?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi.
Senator, I cannot speak to the nature of the opposition in the House. I do know that there are some folks who do not want to see these funds invested with credit unions. And I think that that is, by and large, the -- the general nature of the opposition. And I’d be happy to get you more background information after this debate.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill 2101 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 2101, having received the required 173 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 constitutional majority, is declared passed. House Bill 2193. Senator Haine. Out of the record. House Bill 2265. Senator Johnson. Senator Johnson? Out of the record. House Bill 2270. Senator Sandoval. Mr. Secretary, please read the bill.
House Bill 2270. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval, to explain.
Thank you, Mr. President, Members of the Senate. House Bill 2270 gives the Illinois Toll Highway Authority greater expansion authority to allow for high-speed rail. There are no opponents to the bill. And I ask a favorable vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2270 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 52 voting Yea, 1 voting Nay, none voting Present. House Bill 2270, having received the required constitutional majority, is declared passed. House Bill 2313. Senator Sullivan. Senator Sullivan. Senator Sullivan. Out of the record. House Bill 2362. Senator Frerichs. Senator Frerichs. Senator Frerichs. Out of the record. Senator Maloney, for what purpose you seek recognition?
Thank you, Mr. President. I’d like to be recorded as a Yes 174 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 vote on Senate -- on House Bill 2270.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The record will so reflect your intention. Senator -- Senator Maloney.
On -- Senator Sandoval’s bill…
PRESIDING OFFICER: (SENATOR CLAYBORNE) 2270. House Bill 2270. The record will so reflect. Senator Frerichs, on House Bill 2362. Senator Frerichs. Senator Frerichs. Out of the record. Senator Holmes, on House Bill 2397. Mr. Secretary, please read the bill.
House Bill 2397. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes.
Thank you so much, Mr. President. This amends the School Code to require schools to promote sixty minutes of reading opportunities a day for primary grade schools - that’s K through 3 - who are reading at least one level below their current grade. It does not require schools to implement sixty minutes of reading for those students.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2397 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take 175 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 2397, having received the required constitutional majority, is declared passed. House Bill 2401. Senator Lightford. Mr. Secretary, read the bill.
House Bill 2401. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lightford, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the -- of the Senate. House Bill 2401 amends the School Code to require charter school dropout campuses to operate on separate contracts or payroll when more than one campus is run by a charter school. This would only apply to charter schools in Chicago. This is pretty much some cleanup language from when we negotiated the Charter School Act of 2009. There was some clarity that needed to take place and this is the bill that would get that done. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2401 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 2401, having received the required constitutional majority, is declared passed. House Bill 2550. Senator Sandack. Mr. Secretary, please read the bill. 176 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 2550. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandack, to explain.
Good afternoon, Mr. President. House Bill 2550 is an initiative of the Hanover Township. It -- it authorizes a township board to appoint one or more enforcement officers - currently only one’s permitted - and to remove those officers with or without cause. This would allow a county officer to enforce county -- I’m sorry, this would allow a township officer to enforce county ordinances within the county located within the township and pursuant to intergovernmental agreements. This came out of Local Government unanimously. And I’m happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2550 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 2550, having received the required constitutional majority, is declared passed. House Bill 2556. Senator Althoff. Mr. Secretary, please read the bill.
House Bill 2556. (Secretary reads title of bill) 177 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, to explain.
Thank you, Mr. President. House Bill 2556 amends the Counties Code. And it requires that municipalities shall receive the same twenty-five-dollar prosecution fee in cases that are adjudicated to a disposition of court supervision as they currently receive under law when there is no conviction. This is not a fee increase. It’s just allocating current dollars in a different direction.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2556 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2556, having received the required constitutional majority, is declared passed. House Bill 2581. Senator Bivins. Mr. -- Mr. Secretary, please read the bill.
House Bill 2581. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bivins, is this your first bill? Senator Bivins, to explain.
No. I think we have some bill envy going on over here 178 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 though. Thank you, Mr. President. This is a trailer bill to last year’s bill, Public Act 96-1434 {sic} (96-1431). It provides that State Police shall receive seventy dollars of the seventy-five-dollar fee for failure to appear on an arrest warrant when they are the arresting agency. This is not a new fee. This was passed last year. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2581 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2581, having received the required constitutional majority, is declared passed. House Bill 2590. Senator Raoul. Senator Raoul. Senator Raoul. Out of the record. House Bill 2595. Senator Jacqueline Collins. Mr. Secretary, please read the bill.
House Bill 2595. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Collins, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 2595 adds six categories of synthetic THC, commonly known as K2, to Schedule I controlled substances under the Controlled Substance {sic} (Substances) Act and provides a 179 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 penalty for possession of a Class 4 felony.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2595 pass. All those in favor, vote -- vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2595, having received the required constitutional majority, is declared passed. House Bill 2777. Senator Althoff. Mr. Secretary, please read the bill.
House Bill 2777. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
Thank you, again, Mr. President. House Bill 2777 amends the Drycleaner Environmental Response Trust Fund Act. And it permits the payment of license fees by credit card or business check and it decreases the five-dollar per day civil penalty that must be paid for failing to timely submit the required license fees. I know of no one who objects and would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2777 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 180 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 2777, having received the required constitutional majority, is declared passed. House Bill 2804. Senator John Jones. Senator Jones. Senator Jones. Out of the record. Turning to top of page 71 is House Bill 2836. Senator Sullivan. Senator Sullivan. Senator Sullivan. Out of the record. House Bill 2853. Senator Haine. Mr. Secretary, please read the bill.
House Bill 2853. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain.
Thank you, Mr. Chairman {sic}. This is a initiative of our distinguished Legislative Reference Bureau, those who draft our bill, otherwise known as the bill room. And this is their usual General Revisory Act. It is a multipage document containing various changes, elimination of duplicating Sections, obsolete cross-references, et cetera. There are no substantive changes. I want the -- the Senators to know that this bill received a -- an award that -- one of the top ten bills of this Session by the “Illinois Society to Prevent Insomnia”. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2853 pass. All those in favor will vote Aye. 181 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2853, having received the required constitutional majority, is declared passed. House Bill 2860. Senator Forby. Mr. Secretary, please read the bill.
House Bill 2860. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Forby, to explain. …of -- out of the record. House Bill 2870. Senator Koehler. Mr. Secretary, please read the bill.
House Bill 2870. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Koehler, to explain.
Thank you, Mr. President, Members of the Senate. House Bill 2870 amends the School Code to allow school districts to collect information from children of military personnel. School districts may voluntarily ask on their enrollment forms whether a parent or guardian is currently deployed or expects to be deployed during the school year. This information is to be reported to the State Board of Education under the Student Information System. Be happy to answer any questions. 182 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator McCarter. SENATOR McCARTER: A question of the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator, we -- we had a discussion about this in the committee. Is -- is this a mandate on our schools?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Koehler.
No, it is not, Senator.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCarter. SENATOR McCARTER: Senator, I -- I know we talked about this, but it -- it appears on line 11 to say “shall”. Is this a mandate?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Koehler.
Let me correct that. It does have to appear on the enrollment forms for the -- for the school. The parents do not have to answer it. It’s voluntary on that part.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCarter. SENATOR McCARTER: Okay, so -- so let’s be clear. It is a mandate on the schools to -- to request the information, but it is not required 183 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 of the parents to return the information. Am I correct?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Koehler.
Yes, correct. The -- the parents have the discretion on that.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCarter. SENATOR McCARTER: To the bill: This is another mandate on schools. The reason it’s a little confusing is because the parents don’t have to respond to the mandate. So, they’re two -- two separate questions on the bill. I -- I think it’s -- there’s great intentions here and we had someone come and testify at how -- how it’s important for her, while her husband is deployed, that her kids are involved with others who understand that situation. Well, I understand that situation. I was raised in that situation. And -- and I live in a community, by Scott Air Force Base, where half of the -- half of the families that live by me understand that as well. Now, you can make an assumption in our area that there are many kids that -- whose families are in the service and perhaps deployed, so we naturally support each other. But to -- to -- to put another mandate on the schools just so a family can find others to encourage and be encouraged by, this could be done in a lot of different fashions - by a -- a flyer going home with students saying there’s a support group for those families who are in the military -- and have -- have parents who are deployed. There’s a number of way doing this without putting another mandate on the schools. So, it’s a -- 184 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 it’s a -- it’s a good thing. I just don’t think this is the -- the right avenue to go about it. And I would just urge a No vote. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Koehler, to respond.
Well, I do know that Laura Gallagher, in testifying - she represents military families - felt this was important. And what the mandate is, is to just include the box on the form that the students and the parents have to fill out anyway. And she gave examples of where this is very important for -- for children in military families, just because of the peer support that they would, you know, be afforded at that point.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Further discussion? Senator Trotter.
Thank you very much, Mr. President, Members of the Senate. To the bill: This is not an -- an unusual request or a mandate, as it’s being portrayed as. You know, on most personnel records that -- when you’re filling out an application, they ask you, voluntarily, do you want to check are you Black, White, Pacific Asian, or any other nationality, and the person filling out application has the right to refuse to do so. So there -- there’s nothing nefarious about this. There’s -- there’s nothing of trying to get in some people’s business. But if it helps some individuals, that certainly that box is there, and I think this is a -- a direct way to make that connection with families. And I’d like to see Aye votes all around the room.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 185 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Any further discussion? Seeing none, the question is, shall House Bill 2870 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 43 voting Yea, 14 voting Nay, none voting Present. House Bill 2870, having received the required constitutional majority, is declared passed. House Bill 2875. Senator Forby. Mr. Secretary, please read the bill.
House Bill 2875. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Forby, to explain.
Yes, Mr. President, this is an agreed bill. It was on the Agreed Bill List. House Bill 2875 is a Gold Star Family member in veterans homes. House Bill 2875 allows a father or a mother of a veteran who died in a combat zone to be admitted to any Illinois veterans home should a vacancy be -- exist. Current -- currently, a spouse can be admitted to any veterans home. This bill will bring the mother and a father in the same line with that law. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Is this your first bill, Senator Forby? Seeing no further discussion, the question is, shall House Bill 2875 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the 186 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2875, having received the required constitutional majority, is declared passed. House Bill 2902. Senator Garrett. Senator Garrett seeks leave of the Body to return House Bill 2902 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 2902. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment 2 -- I’m sorry, Floor Amendment 1, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett, to explain.
Yes, thank you very much, Mr. President. Senate Floor Amendment No. 1 adds the Secretary of IDOT, or his or her designee, to the advisory council created by this House bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 2903. Senator Steans. Senator Steans. Senator Steans. Out of the record. House Bill 2917. Senator Harmon. Mr. Secretary, please read the bill.
187 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 House Bill 2917. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2917 is a comprehensive modernization of the Controlled Substances Act. It’s an initiative of the Department of Human Services and the product of months of negotiations with all the stakeholders. I do not believe there’s any opposition to the bill. Perhaps the most important element is that it automatically includes in the Schedule of controlled substances those variants and derivatives of currently controlled substances. This will obviate the need for us to come back every time there’s a new designer drug and add it to the Schedule. Again, I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2917 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. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 2917, having received the required constitutional majority, is declared passed. House Bill 2922. Senator Mulroe. Out of the record. House Bill 2927. Senator Noland. Mr. Secretary, please read the bill.
188 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 House Bill 2927. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2927 amends the Illinois Emergency Employment Development Act, making several changes to the Emergency Employment Development Program, which is an existing program administered by the Department of Commerce and Economic Opportunity. It is intended to provide State moneys for both for-profit and non-profit employers in order to subsidize wages to create more jobs. This is a program that is subject to appropriation. Passed unanimously out of the House. I ask for Aye votes here.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2927 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 54 voting Yea, 2 voting Nay, none voting Present. House Bill 2927, having received the required constitutional majority, is declared passed. House Bill 2935. Senator Hutchinson. Senator Hutchinson. Senator Hutchinson. Out of the -- Mr. Secretary, read the bill.
House Bill 2935. (Secretary reads title of bill) 189 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to explain.
Thank you, Mr. President. Senate {sic} Bill 2935 amends the definition of electronic communications under the statutes pertaining to the criminal offenses of cyberstalking and harassment through electronic communications. As we know, the Criminal Code of 1961 did not contemplate our advances in technology. This goes along with the bill we passed in the 96th that added cyberstalking to the statute. And I’d ask for all your support.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2935 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2935, having received the required constitutional majority, is declared passed. House Bill 2937. A.J. Wilhelmi. Mr. President -- I mean - I’m sorry - Mr. Secretary, read the bill.
House Bill 2937. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi, to explain.
190 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2937 extends the sunset date of the fatal accident memorial marker program from December 31st, 2011 to December 31st, 2012. I ask for your support.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2937 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. There are -- there are 56 voting Yea, none voting Nay, none voting Present. House Bill 2937, having received the required constitutional majority, is declared passed. House Bill 2955. Senator Hutchinson. Out of the record. Turning to top of page 72, on the Order of House Bills 3rd Reading is House Bill 2974. Senator Holmes. Out of the record. House Bill 2976. Senator Wilhelmi. Out of the record. House Bill 2982. Senator Syverson. 2982. Out of the record. House Bill 2991. Senator Althoff. Mr. Secretary, read the bill.
House Bill 2991. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, to explain.
Thank you very much, Mr. President. House Bill 2991 is an initiative of the Illinois Department of Revenue. And what it does is it amends the Retailers’ Occupation Tax Act. And it eliminates the annual reporting requirement regarding the number 191 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 of vending machines in use. It instead puts the burden on the Department of Revenue to request the information if needed.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2991 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2991, having received the required constitutional majority, is declared passed. House Bill 2993. Senator Crotty. Mr. Secretary, please read the bill.
House Bill 2993. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty, to explain.
Thank you. House Bill 2993 changes the deadline for filling vacancies within the Park District Code from eighty- eight days to a hundred and twenty-three days. In July of 2010, Public Act 96-1008 was signed into law and moved up the deadline for nonpartisan candidates in consolidated elections to file their nomination papers by thirty-five days. This bill simply adjusts that time period for filling vacancies under the Park District Code by those same thirty-five days and bring it back into conformity with the Election Code.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, 192 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 shall House Bill 2993 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 2993, having received the required constitutional majority, is declared passed. Senator Delgado, on House Bill 3005. Senator Delgado. Senator Delgado. Out of the record. Senator Schoenberg, on House Bill 3010. Senator Schoenberg. Senator Schoenberg. Out of the record. Senator Murphy, on House Bill 3012. Mr. Secretary, please read the bill.
House Bill 3012. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Murphy, to explain.
House Bill 3012 amends the Innkeepers Lien Act to provide for a lien for stable owners for the boarding and stabling of a horse. Allows the sale of the horse at a public or private sale in order to satisfy the lien. Passed unanimously out of the House. There was no opposition in committee. Happy to answer any questions. Urge an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) I know this is your first bill. Is there any discussion? Seeing none, the question is, shall House Bill 3012 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who 193 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 3012, having received the required constitutional majority, is declared passed. House Bill 3022. Senator Lightford. Senator Lightford. Senator Lightford. Out of the record. House Bill 3027. Senator Steans. Senator Steans. Out of the record. House Bill 3033. Senator Noland. Mr. Secretary, read the bill.
House Bill 3033. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland, to explain.
Thank you -- thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3033 provides that the Criminal Justice Information Authority is responsible for providing training to local government entities who request training for the purposes of assistance in procuring grants from the U.S. Department of Justice for gang intervention and prevention programs, as well as other criminal justice programs. This simply moves this from the Juvenile Justice -- Department of Juvenile Justice over to the Criminal Justice Information Authority. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3033 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 194 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3033, having received the required constitutional majority, is declared passed. House Bill 3036. Senator Harmon. Senator Harmon. Senator Harmon. Out of the record. House Bill 3037. Senator Harmon. Senator Harmon. Senator Harmon. Out of the record. House Bill 3038. Senator Harmon. Senator Harmon. Out of the record. House Bill 3041. Senator Kotowski. Senator Kotowski. Senator Kotowski. Out of the record. Turning to top of page 73 is House Bill 3042. Senator Jacqueline Collins. Mr. Secretary, please read the bill.
House Bill 3042. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Collins, to explain.
House Bill 3042 -- the amendment was adopted, I believe. I just wanted to check. The amendment was adopted? Thank you. What the amendment did was it deletes everything and becomes the bill. As amended, House Bill 3042 replicates a Senate bill - let’s see - Senate Bill 1034, that adds six synthetic drugs to the list of Substance I substances under the Controlled Substance {sic} (Substances) Act. And the bill in the House got hung up in committee. So I’m just putting in the new language to deal with bath salts.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, 195 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 shall House Bill 3042 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. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 3042, having received the required constitutional majority, is declared passed. House Bill 3090. Senator Delgado. Senator Delgado. Senator Delgado. Out of the record. House Bill 3102. Senator Althoff. Madam Secretary, please read the bill.
House Bill 3102. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, to explain.
Thank you, Mr. President. House Bill 3102 amends the Municipal Code regarding notices to remove the requirement that metes and bounds be used to describe property and allows the common address in conjunction with the property index number to be used instead.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3102 pass. All those in favor will say -- 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 3102, having received the required constitutional majority, is declared passed. House Bill 3109. 196 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Martinez. Madam Secretary, read the bill.
House Bill 3109. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Martinez, to explain.
Thank you. 3109 amends the School Code to require the existing Advisory Council on Bilingual Education to submit a report no later than twenty -- I mean, 12/1/11 to the State Superintendent, General Assembly, and Governor, addressing the following issues: if the twenty children minimum per attendance center for transitional bilingual education programs should be modified; if an educator requirement for a transitional bilingual education should be modified; if transitional bilingual education requirements should differentiate between elementary and secondary schools; and whether -- and how to allow school districts to administer alternative bilingual programs instead of transitional educational programs. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3109 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 3109, having received the required constitutional majority, is declared passed. House Bill 3134. 197 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Raoul. Senator Raoul. Senator Raoul. Out of the record. House Bill 3152. Senator Haine. Madam Secretary, read the bill.
House Bill 3152. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative of the Township Officials. It allows townships to sell personal property throughout the year, not only at the -- electors’ meeting.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3152 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3152, having received the required constitutional majority, is declared passed. House Bill 3158. Senator Schoenberg. Senator Schoenberg. Senator Schoenberg. Out of the record. House Bill 3172. Senator John Jones. Madam Secretary, read the bill.
House Bill 3172. (Secretary reads title of bill) 3rd Reading of the bill. 198 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones, to explain.
Thank you, Mr. President. House Bill 3172 deletes the language requiring the payment of certain fees, in addition to the applicable registration fee, for the United States Marine Corps, Paratroopers, Korean Service, Iraq Freedom {sic} (Campaign), Afghanistan Campaign, United States Navy, the Distinguished Flying Cross, Operation Iraqi Freedom, and Women Veteran special license plates. It’s strongly supported by Secretary of State Jesse White.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3172 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 55 voting Yea, none voting Nay, none voting Present. House Bill 3172, having received the required constitutional majority, is declared passed. House Bill 3182. Senator Koehler. Madam Secretary, read the bill.
House Bill 3182. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Koehler, to explain.
Thank you, Mr. President, Members of the Senate. House Bill 3182 allows an electric utility to disclose to a 199 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 municipality or a county, for the purposes of aggregating their electrical loads, the account numbers of the residential and small commercial customers who are located in the aggregated area. This will allow local communities to better aggregate utility, especially electric service, for their citizens.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3182 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3182, having received the required constitutional majority, is declared passed. House Bill 3184. Senator Harmon. Senator Harmon. Senator Harmon. Out of the record. House Bill 3186. Senator Hunter. Madam Secretary, read the bill.
House Bill 3186. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3186 creates the Small Business Contract {sic} (Contracts) Act, which establishes ten percent as the total dollar amount of State contracts to be awarded to small businesses for each fiscal year. This bill also requires each State agency procurement officer to file a compliance plan 200 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 outlining how it would meet the ten percent goal. And it’s effective immediately.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3186 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. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3186, having received the required constitutional majority, is declared passed. House Bill 3223. Senator Johnson. Madam Secretary, read the bill.
House Bill 3223. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson, to explain.
Thank you -- thank you, Mr. President. This bill allows for remote education programs to claim general State aid on any calendar day and not just the days on the school district’s calendar. In addition, for purposes of claiming general State aid, clock hours of attendance, instead of days of attendance, may be claimed for students in remote programs. This passed the House 98 to nothing. And went out of Education Committee unanimously. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Haine.
201 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Briefly. Not to the bill, but to the -- another irony in the presentation of this bill. This education bill, ironically, is being proposed to the Senate on the very day that Brown versus Board of Education was decided, providing equal opportunity for all of our citizens, and it was decided by a majority Supreme Court. And Senator Johnson wanted me to mention this. The Chief Justice was appointed by a Republican, Dwight Eisenhower, and he was a Republican Governor of California. I wanted to add that Plessy versus Ferguson, which established segregation by law, was authored -- the -- the Supreme Court Justice was a Democrat from Mississippi, named Lamar, appointed by a Democratic President, Grover Cleveland. So there you are, Senator Johnson. Is that okay?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson.
The Senator finally got his historical facts right and presented that one in a fair and balanced way. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Any further discussion? Seeing none, the question is, shall House Bill 3223 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 3223, having received the required constitutional majority, is declared passed. House Bill 3237. Senator Koehler. Out of the record. Turning to top of page 74, in the Order of House Bill {sic} 3rd Reading is 202 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 House Bill 3238. Senator Raoul. Senator Raoul. Senator Raoul. Out of the record. House Bill 3255. Senator Pankau seeks leave of the Body to return House Bill 3255 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3255. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Pankau.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau, to explain.
Amendment 1 adds the Illinois National Guard to the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 3257. Senator Lightford. Senator Lightford. Senator Lightford. Out of the record. We’ll stand at ease for a moment. We won’t stand at ease for a moment. House Bill -- moving on. House Bill 3273. Senator Dillard. Out of the record. House Bill 3274. Senator McCann. Madam Secretary, read the bill.
House Bill 3274. (Secretary reads title of bill) 203 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCann, to explain. SENATOR McCANN: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3274 allows Illinois resident veterans returning home from service abroad to purchase annual fishing, hunting, and combination licenses for half price. Under current law, a veteran may hunt without obtaining a license for a period equal to the time period they spent abroad. After that period, they would be required to obtain a license. Also under current law, Illinois residents sixty-five years of age and older receive a half-price discount. House Bill 3274 would bring parity to returning veterans. House Bill 3274 enjoyed unanimous support in committee and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3274 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 3274, having received the required constitutional majority, is declared passed. House Bill 3275. Senator Jacqueline Collins. Madam Secretary, read the bill.
House Bill 3275. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 204 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Collins, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3275 amends the State Finance Act by creating the Veterans Traumatic Brain Injury and Post-Traumatic Stress Disorder Public Service Announcement Fund. The Fund is to be used by the Department of Veteran -- Veteran {sic} (Veterans’) Affairs to collect gifts, donations, et cetera, to provide public service announcements to inform veterans of benefits available for those suffering from traumatic brain injuries or post-traumatic stress disorder. The money is -- the money in the Fund will be used subject to appropriation. And I believe that’s it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3275 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. There are 55 voting Yea, none voting Nay, none voting Present. House Bill 3275, having received the required constitutional majority, is declared passed. House Bill 3281. Emil Jones. Madam Secretary, read the bill.
House Bill 3281. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones, to explain.
205 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3281 amends the School Code to authorize schools to expel or suspend a student for gross disobedience or misconduct through any electronic means; for example, Internet, cell phone or texting. There are no known opponents to this legislation at the time.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3281 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, none voting Nay, none voting Present. House Bill 3281, having received the required constitutional majority, is declared passed. House Bill 3283. Senator Dillard. Madam Secretary, read the bill.
House Bill 3283. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard, to explain.
Thank you, Mr. President and Members. This bill deals with moving pictures and child pornography. And under our statute today, there is no distinction between moving pictures and still pictures in child pornography. And studies have shown that moving pictures are more of a stimulant for -- for pedophiles. And what this bill would do is ratchet up one level someone who 206 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 is in possession of moving pictures or motion pictures for child pornography, as opposed to a still photograph. I’d be happy to answer any questions. It’s part of a House package on Internet safety.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3283 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 3283, having received the required constitutional majority, is declared passed. House Bill 3289. Senator Holmes. Madam Secretary, read the bill.
House Bill 3289. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes, to explain.
Thank you so much, Mr. President. This creates the Online Child Safety Act. And it provides that an Internet access provider must make available to each subscriber in this State a parental control that controls a child’s access to the Internet. There is no opposition on this.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall 3289 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted 207 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 who wish? Have all voted who wish? Take the record. There are 54 voting Yea, none voting Nay, none voting Present. House Bill 3289, having received the required constitutional majority, is declared passed. House Bill 3294. Senator Schoenberg. Senator Schoenberg. Out of the record. House Bill 3300. Senator Wilhelmi. Senator Wilhelmi. Senator Wilhelmi. Out of the record. House Bill 3329. Senator Muñoz. Senator Muñoz. Senator Muñoz. Out of the record. House Bill 3331. Senator Hutchinson. Madam Secretary, read the bill.
House Bill 3331. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to explain.
Thank you, Mr. President and all my colleagues. House Bill 3331 amends the Illinois Vehicle Code. It provides that the Secretary of State may defer the expiration of the driver’s license of a licensee who is serving in the Armed Forces of the United States on active duty outside this State or who is the spouse or a dependent child living with such a licensee until up to a hundred and twenty days after the licensee’s return to the State. I’d ask for your support.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is -- is there any discussion? Seeing none, the question is, shall House Bill 3331 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 208 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 record. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 3331, having received the required constitutional majority, is declared passed. House Bill 3334. Senator Raoul. Senator Raoul. Out of the record. Turning to top of page 75, on the Order of House Bill {sic} 3rd Reading is House Bill 3335. Senator Garrett. Madam Secretary, read the bill.
House Bill 3335. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett, to explain.
Yes, thank you very much, Mr. President. House Bill 3335 specifies where a notice of foreclosure and a confirmation order should be sent if the appropriate unit of local government has failed to specify an address. Furthermore, for all foreclosed residential real estate, once it is sold, notice of the sale must be sent to the last-known property insurer of this -- of this property. There is absolutely no opposition. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3335 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3335, having received the required 209 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 constitutional majority, is declared passed. House Bill 3342. Senator Hutchinson. Madam Secretary, read the bill.
House Bill 3342. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to explain.
Thank you, Mr. President. House Bill 3342 restricts the use of personally identifiable information that is in the possession or control of the Illinois Toll Highway Authority. Specifically, House Bill 3342 amends the Freedom of Information Act to exempt from disclosure any personally identifiable information in the possession or control of the Illinois Tollway {sic} Highway Authority. This exemption operates to shield from disclosure information relating to the date, time, location or direction of travel of a person on the tollway. And I’d ask for your support.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3342 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. There are 54 voting Yea, none voting Nay, none voting Present. House Bill 3342, having received the required constitutional majority, is declared passed. House Bill 3343. Senator Schoenberg. Senator Schoenberg. Senator Schoenberg. Out of the record. House Bill 3346. Out of the record. House 210 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Bill 3358. Senator Maloney. Madam Secretary, read the bill.
House Bill 3358. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Maloney, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3358 is an extension of an existing law to other insurance plans regulated by the State. Currently, the Code provides that companies authorized to transact insurance in Illinois may not deny, refuse, or cancel, or terminate coverage because the individual has been a victim of abuse. This just extends those provisions to plans under the various other Codes, including plans under the State Employees Group Insurance Act, the Illinois Municipal Code, and School Code. This is a -- this actually codifies what currently exists. This came out of the House 113 to 0. I’m not aware of any opposition. I’d appreciate an affirmative vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3358 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 55 voting Yea, none voting Nay, none voting Present. House Bill 3358, having received the required constitutional majority, is declared passed. House Bill 3360. Senator Jones. Madam Secretary, read the bill. 211 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 3360. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3360 amends the Public Employment (Office) Act by providing that the Department of Corrections shall coordinate with the Department of Employment Security to provide proper employment opportunities for discharged -- discharged convicts or -- or prisoners.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3360 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 3360, having received the required constitutional majority, is declared…(microphone cutoff)… House Bill 3365. Senator Martinez. Madam Secretary, read the bill.
House Bill 3365. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Martinez, to explain.
212 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Thank you, Mr. President, Members of the Senate. House Bill 3365 bans a person convicted of aggravated domestic battery from being issued a Fire {sic} (Firearm) Owner’s Identification Card. It also clarifies that a person subject to an order of protection may not possess a firearm for the duration of a plenary order of protection, where the court that entered the order found that the person represents a credible threat to the physical safety of the protected person, or the order explicitly prohibited the use, attempted use, or threatened use of physical force against the protective person. It also requires the law enforcement agencies that receive firearms for safekeeping from persons subject to the order of protection to retain the firearms received for duration of the order of protection. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3365 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 55 voting Yea, 1 voting Nay, none voting Present. House Bill 3365, having received the required constitutional majority, is declared passed. House Bill 3371. Senator Wilhelmi. Senator Wilhelmi. Senator Wilhelmi. Out of the record. House Bill 3376. Senator Raoul. Senator Raoul. Madam Secretary, read the bill.
House Bill 3376. (Secretary reads title of bill) 3rd Reading of the bill. 213 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain.
Thank you, Mr. President. House Bill 3376 is a very good bill. Let me tell you what it does. It gives a new Chicago policeman a cost-of-living adjustment of lesser of the three percent or half percent increase in CPI-U upon -- attainment of age sixty. With House Bill 3376, Chicago policemen hired after the effective date of this bill will have the same COLA as the other Tier 2 public safety employees. Currently, Tier 2 Chicago policemen hired after January 1, 2011 receive a 1.5 percent simple interest COLA each year with a maximum of a thirty percent COLA.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3376 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 55 voting Yea, none voting Nay, none voting Present. House Bill 3376, having received the required constitutional majority, is declared passed. House Bill 3386. Senator Johnson. Madam Secretary, read the bill.
House Bill 3386. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson, to explain.
214 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Mr. President, Members of the Senate, House Bill 3386 amends the Disaster Service Volunteer Leave Act and the Local Government Disaster Service Volunteer Act. It provides that “disaster” includes any disaster declared by proclamation of the Governor under a specific provision of the Illinois Emergency Management Agency Act. This is an initiative of the Red Cross. The Red Cross, IEMA, Illinois Fire Chiefs, and the Illinois Municipal League are all proponents. There are no known proponents {sic}. It passed the House unanimously and the committee unanimously. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, House Bill 3386… Question is, shall House Bill 3386 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3386, having received the required constitutional majority, is declared passed. House Bill 3403. Senator Wilhelmi. Senator Wilhelmi. Out of the record. House Bill 3405. Senator Haine. Madam Secretary, read the bill.
House Bill 3405. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain.
Thank you, Mr. President and Ladies and Gentlemen of the 215 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senate. This provides that the effective date of medical assistance under the CHIP program for the Medicare plan is twenty-four months after the entitlement period is approved by Social Security. This is to prevent a situation that’s occurred in some cases when there’s a retroactive eligibility for Medicare causing the CHIP to terminate the person. And since there’s a twelve-month timely filing rule for claims under the Medicare law, they could be caught in a gap. And the CHIP organization wants to prevent that gap.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3405 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. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3405, having received the required constitutional majority, is declared passed. House Bill 3406. Senator Hutchinson. Madam Secretary, read the bill.
House Bill 3406. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to explain.
Thank you, Mr. President. House Bill 3406 amends the Consumer Fraud and Deceptive Practices Practice {sic} (Business Practices) Act, which would require retailers that offer rebates to display and clearly disclose the type of rebate being 216 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 offered, whether any additional fees may apply on the rebate, and the form of rebate that’s being offered. This is a constituent issue where a person bought an item that came with a rebate. The store gave the -- the customer a gift card to the store as a rebate, where the customer thought he would get a check or a similar type of payment. This just makes it very clear to all involved. And I would ask for all of your support. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3406 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. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 3406, having received the required constitutional majority, is declared passed. House Bill 3414. Senator Sullivan. Senator Sullivan. Out of the record. Turning to top of page 76, on the Order of House Bills 3rd Reading is House Bill 3428. Senator Kotowski. Out of the record. House Bill 3431. Senator Dillard. Madam Secretary, read the bill.
House Bill 3431. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard, to explain.
Thank you, Mr. President. This is a rather easy bill. It 217 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 deals with the Criminal Code and moves the sale of a stolen firearm from one part of the Code to another - from the theft Article to the deadly weapons Article. Just puts it in a more logical place in the statute. It also corrects one little flaw in the statute, where there was no penalty if you possessed thirty guns. If it was twenty-nine and below you’re in trouble, thirty-one or more, and somehow the statute was drafted so that thirty fell through the cracks. So it cleans up that. So it’s a cleanup bill. Moves a part from one part of the Criminal Code to another and takes care of a scrivener’s error. I’d appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3431 pass. All those in favor, vote Aye. Opposed vote -- will vote No -- Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 3431, having received the required constitutional majority, is declared passed. House Bill 3441. Senator Haine. Madam Secretary, read the bill.
House Bill 3441. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain.
Thank you, Mr. President. This is an initiative, again, of 218 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 our CHIP program and Blue Cross. The -- CHIP must bid their -- the person that administers this program every five years. However, the current bid is up in 2012 and the Affordable Care Act, the national health care plan, is now in flux and may either cease to exist or it be -- or change or whatever, depending upon what happens in 2012. But if it doesn’t cease to exist, CHIP will cease to exist in 2014. What they’re asking of us is to allow Blue Cross to remain under the current contract, just extend it for three years, to keep a -- a continuity of -- of those who would actually -- are running the CHIP program.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3441 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 3441, having received the required constitutional majority, is declared passed. Senator Jacobs, for what purpose do you seek recognition? House Bill 3449. Senator Bivins. Madam Secretary, read the bill.
House Bill 3449. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bivins, to explain.
Thank you, Mr. President. This is the -- HB 3449 is the copy of Senate Bill 1728, which was the direct deposit bill. 219 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 And what this does is we hope to move 3.8 million hard copy checks into direct deposit, thereby saving the State millions of dollars. I know of no opposition.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3449 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are -- there are 56 voting Yea, none voting Nay, none voting Present. House Bill 3449, having received the required constitutional majority, is declared passed. House Bill 3450. Senator Muñoz. Senator Muñoz. Senator Muñoz. Out of the record. House Bill 3458. Senator Johnson. Madam Secretary, read the bill.
House Bill 3458. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Johnson, to explain.
Thank you, Mr. President. This bill authorizes park districts throughout the State to enter into design-build contracts. This is currently the law in Cook County. This merely expands it out to the rest of the State. Passed the House 111 to nothing. Passed out of committee unanimously. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, 220 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 shall House Bill 3458 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all -- have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3458, having received the required constitutional majority, is declared passed. House Bill 3478. Senator Silverstein. Madam Secretary, read the bill.
House Bill 3478. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein, to explain.
Thank you, Mr. President. This just amends the Code of Civil Procedure. It provides that if a creditor discovers property of the judgment debtor that is subject to a lien of a citation to discover assets, the judgment -- the creditor may have the court post a lien on that item of personal property.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3478 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3478, having received the required constitutional majority, is declared passed. House Bill 3539. Senator Murphy. Madam Secretary, read the bill. 221 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011
House Bill 3539. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Murphy, to explain.
House Bill 3539 eliminates the general State aid hold harmless provision from the school funding formula. It’s a holdover from the nineties. It was supposed to be temporary. It was not funded at all last year. Just eliminates the -- the -- the hold harmless so that the funding formula can function as it was intended to do. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3539 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 50 voting Yea, 2 voting Nay, none voting Present. House Bill 3539, having received the required constitutional majority, is declared passed. House Bill 3550. Senator Maloney. Madam Secretary, read the bill.
House Bill 3550. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Maloney, to explain.
222 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Thank you, Mr. President. House Bill 3550 amends the Fire Department Promotion Act by providing that there be no cost to examinees to attend a review session or review their tests for promotion within the fire department. There was one private company that was -- tried to charge somebody for looking at the results. And this will correct that situation. Be happy…
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3550 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. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3550, having received the required constitutional majority, is declared passed. House Bill 3591. Senator Mulroe. Out of the record. House Bill 3597. Senator Raoul. Madam Secretary, read the bill.
House Bill 3597. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3597 makes several changes to the Metropolitan Transit Authority Act and the Regional Transportation (Authority) Act and sets timetable for those changes. First, by January 1st, 2013, the RTA, in consultation with the Service Boards and the public, shall develop a policy 223 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 on transfer fares on all fixed-route public transportation services provided by the CTA, Metra, and Pace. By January 1, 2015, RTA must develop and implement a regional fare payment system. By January 1, 2012, RTA must make available web-based, real-time vehicle arrival information for use by riders for all fixed-route services. The RTA must prepare and submit a report to the Governor and the General Assembly on the feasibility on providing wireless Internet services on fixed routes. And Metra must provide wireless Internet services on all passenger trains, only if the service can be provided with no cost to Metra, by January 1, 2012. Metra must also conduct a study on the installation on automated external defibrillators on passenger trains operated by Metra. No later than one year after the effective date of this bill, Metra must report to the Governor and the General Assembly of the results of the study.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any -- any discussions? Seeing none, the question is, shall House Bill 3597 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 3597, having received the required constitutional majority, is declared passed. House Bill 3620. Senator Steans. Madam Secretary, read the bill.
House Bill 3620. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 224 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Senator Steans, to explain.
Thank you, Mr. President, Members of the Senate. House Bill 3620 requires that structural fill is -- meets the standards of the ASTM - it’s American Society for Testing Materials - that is currently the standard used by IEPA and IDOT, before it’s used. This requires that coal waste is encapsulated when being used as structural fill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3620 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. There are 55 voting Yea, none voting Nay, none voting Present. House Bill 3620, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll go back to page 64. House Bills 3rd Reading. House Bill 1379. Senator Trotter. …Secretary, read the bill.
House Bill 1379. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Trotter, to explain.
Thank you, Mr. President and Members of the Senate. House Bill 1379 mirrors Senate Bill 1746 that we passed out of here just last month. It amends the Torrens Act to repeal it on January 1st, 2014, instead of July 1st, 2037. An early repeal 225 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 date would allow excess money of -- of eight million dollars to go in a county’s indemnity fund to be transferred to the lead and -- poisoning prevention fund.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1379 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 55 voting Yea, none voting Nay, none voting Present. House Bill 1379, having received the required constitutional majority, is declared passed. On the same page 64 is House Bill 1425. Senator Trotter. Madam Secretary, read the bill.
House Bill 1425. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Trotter, to explain.
Thank you, Mr. President and Members of the Senate. House Bill 1425 is an initiative of the Department of Healthcare and Family Services. It amends the State Finance Act and the Public Aid Code to establish the Electronic Health Record Incentive Fund. This Fund will be used to reimburse Medicaid providers participating in electronic health record technology development. It also declares that disbursements from this Fund will be made at the direction of the Director of HFS, in accordance federal -- requirements. And it’s one hundred 226 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 percent federal matched.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1425 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. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 1425, having received the required constitutional majority, is declared passed. Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 153. We have received like Messages on Senate Bill 170, with House Amendments 1 and 2. They passed the House, as amended, May 17th, 2011. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 587. We -- we have received like Messages on House Bills 1261 and 2934. They passed the House, May 17th, 2011. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 227 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 House Bills 1st Reading.
House Bill 124, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 327, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 2165, offered by Senator Steans. (Secretary reads title of bill) House Bill 2189, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 3700, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 3717, offered by Senator Steans. (Secretary reads title of bill) 1st Reading of these House bills.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Trotter in the Chair.
PRESIDING OFFICER: (SENATOR TROTTER) The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The members of the Committee on Assignments will come to the President’s Anteroom immediately. The Senate will stand at ease. (at ease) Senate will come to order. Madam Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Criminal Law Committee - Floor Amendment 1 to House Bill 180, Committee Amendment 2 to House Bill 1554, Floor Amendment 2 to House Bill 1908, and Floor 228 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Amendment 2 to House Bill 2089; refer to the Education Committee - Floor Amendment 2 to House Bill 190; refer to the Environment Committee - Floor Amendment 1 to House Bill 806 and Floor Amendment 2 to House Bill 2056; refer to the Executive Committee - Floor Amendment 3 to House Bill 1091, Floor Amendment 1 to House Bill 1163, Floor Amendment 1 to House Bill 1193, Floor Amendment 1 to House Bill 1670, Floor Amendment 2 to House Bill 1670, Floor Amendment 1 to House Bill 1825, Floor Amendment 1 to House Bill 2860, and Floor Amendment 4 to House Bill 3131; refer -- refer to the Executive Appointments Committee - Appointment Messages 103 through 123; refer to the Human Services Committee - Floor Amendment 1 to House Bill 1656; refer to the Judiciary Committee - Floor Amendment 1 to House Bill 3025; refer to the - - to the Licensed Activities Committee - Committee Amendment 3 to Senate Bill 2255; refer to the Local Government Committee - Floor Amendment 1 to Senate Bill 1410, Floor Amendment 2 to Senate Bill 1410, Floor Amendment 2 to Senate Bill -- excuse me, to House Bill 2555; refer to the Public Health Committee - Committee Amendment 1 to House Bill 143 and Floor Amendment 1 to House Bill 3090; refer to the Revenue Committee - Floor Amendment 2 to House Bill 2955; refer to the State Government and Veterans Affairs Committee - Floor Amendment 1 to House Bill 464, Floor Amendment 1 to House Bill 1537; refer to the Transportation Committee - Floor Amendment 1 to House Bill 3403. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR TROTTER) Messages from the House.
Message -- a Message from the House by Mr. Mahoney, Clerk. 229 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/17/2011 Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 153. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1. We have received like Messages on Senate Bill 1352, with House Amendment 1 {sic} (2); Senate Bill 1740, with House Amendment 2 {sic} (1). They all passed the House, as amended, May 17th, 2011. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Murphy, for what purpose do you rise?
The Senate Republicans would request a caucus for an hour. We can hold on to the request for a moment. Yeah. Sure.
PRESIDING OFFICER: (SENATOR TROTTER) Thank you. Senator Murphy, for what purpose do you rise?
Senate Republicans will hold a caucus upon adjournment.
PRESIDING OFFICER: (SENATOR TROTTER) That is in order. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m. on the 18th day of May, 2011. The Senate stands adjourned. 230