PRESIDING OFFICER: (SENATOR CROTTY) The regular Session of the 97th General Assembly will please come to order. Will the Members please be at their desks? Will the guests in the galleries please rise? The invocation today will be given by Pastor Keith Hallam, Sanctuary, Batavia, Illinois. Pastor.
(Prayer by Pastor Keith Hallam)
PRESIDING OFFICER: (SENATOR CROTTY) Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR CROTTY) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Thursday, May 20th {sic} (19th), 2011.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Maloney.
Thank you, Madam 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 CROTTY) Senator Maloney moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcripts. There being no objection, so ordered. Senator Cultra, for what purpose do you rise?
1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
Yeah, in the Republican gallery, we have a group of -- of seventh and eighth graders from my home county of Iroquois, from the St. Paul’s Lutheran School, with their teacher Dan Huse. And I’d like to welcome them to Springfield. Do you want to stand up? Say, hi.
PRESIDING OFFICER: (SENATOR CROTTY) Welcome to the Senate. Enjoy your day. Senator Trotter, for what purpose do we rise?
Madam President, for the purposes of an announcement.
PRESIDING OFFICER: (SENATOR CROTTY) State your announcement.
Yes, the Senate Democrats, upon recess, will be meeting in the President’s Office for a caucus, for a half an hour. So we would like all Members to report to the Senate President’s Office.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Pankau, for what purpose do you rise?
Thank you, Madam President. The Senate Republicans also request a caucus for approximately a half an hour in Leader Radogno’s Office.
PRESIDING OFFICER: (SENATOR CROTTY) The Senate Republicans and Democrats have moved to recess 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 the Senate for the purposes of a thirty-minute caucus. Seeing no objection, the motion to recess is granted. The Senate now stands at recess till twenty minutes after -- no, 10:50 or the call of the Chair. Thank you. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR CROTTY) Senate will come to order. On page 66 of today’s Calendar, we’re going to go to House Bills 2nd Reading. On House Bill 186, Senator Radogno. Senator Radogno, on House Bill 186. Out of the record. House Bill 230. Senator Koehler. Out of the record. House Bill 242. Senator Koehler. Out of the record. House Bill 466. Senator Kotowski. Madam Secretary, read the bill.
House Bill 466. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 1079. Senator Johnson. Senator Christine Johnson. Out of the record. House Bill 1163. Senator Jacobs. Out of the record. We’ll come back to House Bill 1215. House Bill 1241. Senator Martinez. Out of the record. House Bill 1253. Senator Martinez. Out of the record. House Bill 1293. Senator Schoenberg. Out of the record. Senator Maloney, for what purpose do you rise?
3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Thank you, Madam President. I’d like to -- for a point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
I’d like the -- to introduce the Senate to Natalina Bierob, from Chicago, who is here. She has a degree from {sic} political science from DePaul University. She has to be especially vigilant, because she’s a lifeguard where I go swimming. So she has come to my aid on several occasions. But I would like the Senate to give her a warm welcome. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) Thank you, Natalie. House Bill 1444. Senator Wilhelmi. Out of the record. House Bill 1490. Senator Martinez. Senator Martinez. Out of the record. House Bill 1530. Senator Delgado. Out of the record. House Bill 1576. Senator Koehler. Out of the record. House Bill 1698. Senator Mulroe. Out of the record. House Bill 1929. Senator Wilhelmi. Out of the record. House Bill 2555. Senator Wilhelmi. Out of the record. House Bill 3372. Senator Koehler. Out of the record. House Bill -- no, Senate Resolution -- I’m sorry. Senator Koehler, for what purpose do you rise?
Thank you, Madam President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
I know it seems like we’ve been celebrating all month, but today is actually the eighth anniversary of my seatmate’s 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 twenty-ninth birthday. Let’s give a big round of love to Senator Hutchinson.
PRESIDING OFFICER: (SENATOR CROTTY) Happy birthday, Senator Hutchinson. Senator Jacobs, for what purpose do you rise?
Point of personal preference {sic}.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
I just would like to introduce Ms. Julie Forsythe, who is the Director of the Midwest Intellectual Property (Management) Institute in my district. And that’s Julie Forsythe. A warm Senate welcome.
PRESIDING OFFICER: (SENATOR CROTTY) Welcome to the Senate, Julie. Will all Senators at the sound of my voice, if you can hear this message, please come to the Senate Floor? We’re going to 3rd Readings. All Senators to the Senate Floor for 3rd Readings. We’ll be beginning now. On page 65 of today’s Calendar is the Order of House Bills 3rd Reading. This is final action. Senator Murphy, for what purpose do you rise?
Purpose of announcement, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) State your announcement.
Senator Millner is home due to a family medical situation. Just ask that his absence be noted and deemed excused. 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011
PRESIDING OFFICER: (SENATOR CROTTY) The record will so reflect. As I said, we’re on page 65 and we’re at House Bills 3rd Reading. House Bill 3257. Senator Lightford. Madam Secretary, read the bill.
House Bill 3257. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 3257 amends the Payday Loan Reform Act and provides that a violation of the federal payday loan protections for military service members constitutes a violation of the Illinois Payday Loan Reform Act. What we’d like to do here is be consistent with the federal Act and make sure that if payday lenders here in Illinois are not complying to our military families, as has been indicated on the federal level, that there are sanctions imposed. I’d be happy to answer questions. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CROTTY) There any discussion? There being none, the question is, shall House Bill 3257 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Aye, none voting Nay, none voting Present. House Bill 3257 -- 3257, having received the required constitutional majority, is declared 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 passed. House Bill 3276. Senator Lauzen. Out of the record. Senator Schoenberg, for what purpose do you rise?
Madam President, I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
Madam President, Ladies and Gentlemen of the Senate, today, once again, is Evanston Day here in the Illinois Senate. I’m proud to be joined by Spencer Eanes. Spencer is in seventh grade at the Chute Middle School in Evanston, just a few blocks from my house and even closer to the home of our dear friend, Cook County Commissioner Larry Suffredin. Spencer is -- his interests -- he’s an exceptional honor roll student. His interests include lacrosse, volleyball. He plays the oboe and the piano. He participates in the Evanston Children’s Theatre. His parents, Melanie Torquist -- Tornquist and Gary Eanes, and his sister, Greta, are in the gallery directly behind the Republican side of the aisle. Can we please give our guests from Evanston a warm Senate greeting? Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) Will our guests in the galleries please rise? Welcome to Springfield. And nice to have you here, Spencer. Now on House Bill 3285. Senator Jacqui Collins. Out of the record. House Bill 3300. Senator Wilhelmi. Out of the record. House Bill 3308. Senator Lauzen. Out of the record. House Bill 3315. Senator Lightford. Madam Secretary, read the bill.
House Bill 3315. 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 3315 amends the Department of Veterans Affairs Act by requiring the returning veterans task force to include the availability of prosthetics in its investigation of the re-entry process, to be presented in an annual report for Fiscal Year 2012. This bill does become effective immediately and we’d like to make sure that this thirteen-member task force presents that report to the Governor, Attorney General, all of the appropriate people, including our Chamber. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 3315 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 46 voting Aye, none voting Nay, none voting Present. Senate -- House Bill 3315, having received the required constitutional majority, is declared passed. House Bill 3329. Senator Muñoz. Out of the record. House Bill 3334. Senator Raoul. Madam Secretary, read the bill.
House Bill 3334. (Secretary reads title of bill) 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Raoul.
Thank you. House Bill 3334 amends the Illinois Municipal Article of the Illinois Pension Code by allowing employees to apply service credit at any time after the leave is taken and requiring employees filing for disability benefits to grant IMRF the ability to review medical and compensation information.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 3334 pass. All those in favor will vote Aye. 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. On that question, we have 49 voting Aye, none voting Nay, none voting Present. House Bill 3334, having received the required constitutional majority, is declared passed. House Bill 3346. Senator Millner. Out of the record. House Bill 3371. Senator Wilhelmi. Out of the record. House Bill 3384. Senator Dillard. Senator Dillard. Madam Secretary, read the bill.
House Bill 3384. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Dillard. Out of the record. House Bill 3403. Senator Wilhelmi. Out of the record. House Bill 3414. Senator Sullivan. Out of the record. House Bill 3428. Senator 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Kotowski. Madam Secretary, read the bill.
House Bill 3428. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Kotowski.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 3428 repeals the Illinois Farm Labor Contractor Certification Act and the Illinois Street Trades Law and the Industrial Home Work Act. The reason -- this was brought to me by the Illinois Department of Labor. Department proposes these Acts be repealed so they can better utilize their limited resources that are currently being used to enforce these laws.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 3428 pass. All those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? On the -- that question, there are -- Madam Secretary, take the record. On that question, there are 49 voting Aye, none voting Nay, none voting Present. House Bill 3428, having received the required constitutional majority, is declared passed. Now on the -- top of page 66 is House Bill 3440. Senator Emil Jones. Out of the -- out of the record. House Bill 3450. Senator Muñoz. Senator Muñoz. Out of the record. House Bill 3500. Senator Dillard. Madam Secretary, read the 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 bill.
House Bill 3500. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Dillard.
Thank you, Madam President and Members. This bill deals with a matter of public policy, that the names of those legitimate firearm owners, who have Firearm Owner’s ID Cards, should be exempt from the Freedom of Information Act. The Attorney General -- a staffer, issued an advisory opinion that these names of -- and there’s millions of these individuals who live in our community, should be made public. There is a lawsuit between the State Police and the Associated Press and others pending in Peoria. But as a matter of public policy, I believe that these names should remain private. But, more importantly, every State police director in recent memory, regardless of political party, believes that it is a law enforcement nightmare to have these names released into the public domain, and thus your lawsuit in Peoria, with a former Governor of Illinois representing the Illinois State Police. Obviously, I can argue the constitutional side of this and these names clearly have a constitutional right to be made private -- or kept private. But from a law enforcement standpoint, I don’t believe we should give burglars a map to systematically burglarize our neighborhoods and our farms. So, constitutionally, as well as from a law enforcement standpoint, 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 these names should remain public {sic}, but most importantly every State police director, regardless of political party, agrees with me that these names should remain private. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? Senator Jacobs.
Madam President, I just rise in strong support of Senator Dillard’s bill. This is a commonsense approach to something that could have turned into a bad problem. I’d urge a Aye vote.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Forby.
Thank you. I think Senator Dillard done a great job on this House Bill 35 {sic}. You know, we ought to have some rights and this rights is for the people protect {sic}. And what they’re trying to do is let the bad people have the rights. Let’s keep the rights in the good people’s hands today and let’s vote Yes for this bill. Thank you very much.
PRESIDING OFFICER: (SENATOR CROTTY) Thank you. Is there any other discussion? There being none, the question is, shall House Bill 3500 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 voting Aye, 1 voting Nay, 2 voting Present. House Bill 3500, having received the -- the required constitutional majority, is declared passed. House Bill 3591. Senator Mulroe. Out of the record. House Bill 3636. Senator Mulroe. Out of the record. 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Continuing on House Bills 3rd Reading on page 58, we have House Bill 78. Senator Frerichs. Senator Frerichs. Out of the record. House Bill 132. Senator Steans. Out of the record. House Bill 147. Senator Hutchinson. Out of the record. House Bill 180. Senator Wilhelmi. Out of the record. House Bill 190. Senator Righter. Out of the record. House Bill 212. Senator Hutchinson. Out of the record. House Bill 219. Senator Cullerton. Out of the record. House Bill 220. Senator Dillard. Out of the record. House Bill 224. Senator Steans. Out of the record. House Bill 263. Senator Millner. Out of the record. House Bill 277. Senator Mulroe. Out of the record. House Bill 279. Senator Delgado. Out of the record. House Bill 298. Senator Lightford. Out of the record. House Bill 332. Senator Muñoz. Madam Secretary, read the bill.
House Bill 332. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Muñoz. SENATOR MUÑOZ: Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 332 amends several Acts by replacing the racial classifications throughout Illinois statutes with those used by the federal government for census purposes. It’s a proponent {sic} of the Latino Family Commission. I know of no opposition.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 is, shall House Bill 332 pass. All those in favor will vote Aye. 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. On that question, there are 51 voting Aye, none voting Nay, none voting Present. House Bill 332, having received the required constitutional majority, is declared passed. Now on House Bill 350, Senator Muñoz. Madam Secretary, read the bill.
House Bill 350. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Muñoz. SENATOR MUÑOZ: Thank you, Madam President. House Bill 350 amends the Illinois Public Labor Relations Act {sic} (Illinois Notary Public Act) by providing that a notary public may also accept identification documents from a consulate as satisfactory evidence and that a signature on a document is valid. I know of no opposition. And, again, this is just a proponent {sic} from the Latino Family Commission.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 350 pass. All those in favor will vote Aye. 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. On that question, there are 50 voting Aye, none voting Nay, none voting Present. House Bill 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 350, having received the required constitutional majority, is declared passed. House Bill 363. Senator Harmon. Out of the record. House Bill 653. Senator Althoff. Out of the record. House Bill 700. Senator Hunter. Madam Secretary, read the bill.
House Bill 700. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Hunter.
Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 700 amends the Illinois Administrative Procedures {sic} (Procedure) Act to limit the use of social security numbers when State agencies license professionals. We’re basically codifying what we are already doing and I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 700 pass. All those in favor will vote Aye. 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. On that question, there are 50 voting Aye, none voting Nay, none voting Present. House Bill 700, having received the required constitutional majority, is declared passed. House Bill 711. Senator Muñoz. Madam Secretary, read the bill.
15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 House Bill 711. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Muñoz. SENATOR MUÑOZ: Thank you, Madam President. House Bill 711 amends the Pyrotechnic Distributor and Operator Licensing Act and the Pyrotechnic Use Act to do five things: Allows individuals and companies in the music industry to perform displays and surveys {sic} (services) through a production company; also, allows unlicensed persons and companies that provide pyrotechnic displays, services to engage in the setup and discharge. This is from the Fire Marshal’s Office. They felt they needed to make these changes and I know of no opposition.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 711 pass. All those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? On -- take the record. On that question, there are 49 voting Aye, none voting Nay, none voting Present. House Bill 711, having received the required constitutional majority, is declared passed. Madam Secretary, Committee Reports.
Senator Noland, Chairperson of the Committee on Criminal Law, reports House Bills 295, 1237, 3417 Do Pass; Senate Amendment 1 to House Bill 180 and Senate Amendment 2 to House Bill 1908 recommended Do Adopt. 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Senator Silverstein, Chairperson of the Committee on Environment, reports Senate Amendment 1 to House Bill 806, Senate Amendment 2 to House Bill 2056 recommended Do Adopt. Senator Koehler, Chairperson of the Committee on Local Government, reports Senate Amendment 2 to Senate Bill 1410 and Senate Amendment 2 to House Bill 2555 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR CROTTY) Thank you. And now we’ll return to page 59. In the middle of the Calendar, on the Order of 3rd Readings, is House Bill 806. House Bill 806. Senator Rezin seeks leave of the Body to return House Bill 806 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 806. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Rezin.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Rezin.
Thank you, Madam President, Members of the Chamber. House Bill 806 is just an -- simply an amendment asking to insert an exception after the definition of “sludge”. The exception would be for lime sludge, which is defined as any solid, semi-solid, or liquid waste generated from a municipal, commercial, and industrial water treatment plant using the lime softening treatment process, or lime-alum sludge.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, all -- all those in favor will vote Aye. Opposed, Nay. The Ayes have it, 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 1056. Senator Sandack. Out of the record. House Bill 1091. Senator Steans. Madam Secretary, read the bill.
House Bill 1091. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.
Yes, thank you, Madam President, Members of the Senate. House Bill 1091 is a public-private partnership bill. I’m only sorry Senator Risinger is no longer here. He’d been very helpful in negotiating this bill with me. This has been in process for a number of years and it’s finally now to the point where there’s significant agreement from all the parties on -- on this. This bill enables us to capture private investment dollars in doing public-private partnerships. The way we’ve structured this is very carefully, so that any time we enter an agreement, it has to come back to the General Assembly before we do final approval, back to the Governor. Lots of opportunity for public input along the way on this bill. And we’ve also been making sure that it can’t be used to sell any current assets of the Tollway Authority, which prevents us from getting 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 into issues that people had concern about with selling off State assets. We’re prohibiting that in there. It’s a complicated bill. Happy to answer any questions.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any question? There being none, the question is, shall House Bill -- Senator Lauzen.
I am so sorry for the slow button and I appreciate your indulgence. Just some questions. This massive concept - I know that what we want to do is stimulate growth. Can you address the PLA section of this plan? And then also the right for eminent domain. The powers that are in this bill granting these agencies eminent domain and then the role that the PLAs play.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.
With regard to PLAs, they do have PLA agreements in this bill. That was part of our negotiated agreement. So there’s largely support for that. And it does provide eminent domain rights similar to what we have for public sector projects. All these projects, I will note, are maintained in public sector ownership. They all revert and maintain the -- that the State of Illinois would continue ownership in all of these projects. They’re public sector projects.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lauzen.
Just one other question. In order for a -- a private entity to receive a return from the investment that they’re 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 making, there have to be revenues or cash flows coming back to the private entity, which sounds to me like it’d be tollways or some kind of cash flowing. Can you describe -- I mean, is this authorizing -- isn’t this bill huge? Doesn’t -- doesn’t it authorize some type of toll collection or some kind of fee collection from the general population?
PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.
It would enable that to be part of something that gets put in place. That nothing -- for example, if we want to do western access to the highway, that could be - to the O’Hare Airport - that could be one project that might develop a public-private partnership agreement and they might decide to make it a toll to sustain this. Now there are many checks along the way, so you’re not authorizing any of that right now. All we’re authorizing right now is for projects to get looked at and see whether they could then be put in a place that they make sense and come back to the General Assembly for approval. COGFA would have the chance to weigh in and analyze it and make information available to the public. We’d have public hearings. So this isn’t setting out any project in particular. It’s just setting out a process in which we would be able to enable those kinds of projects.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lauzen.
Just to the bill: So this is a first step in the direction of creating something that is analogous to a tollway with PLAs 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 with the right to eminent domain.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Tom Johnson.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR CROTTY) She indicates she will.
Senator, I just want to clear up. On -- on the eminent domain, I presume that that also involves the ability for quick- take?
PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.
We’re verifying that. I believe not, but our staff is just verifying that for me.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.
No. And just also to clarify, this is for new projects only. This is none that -- we’ve made sure we’re very carefully excluding, not making this apply to any current facility, tollway or any -- or highway asset, or anything like that. This is just for new projects.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Johnson.
Okay. I -- I hope you’re correct, because my analysis says - and I haven’t had a chance to look at the language of the bill 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 - but my analysis says that it does include power of quick-take on the eminent domain. But I’ll take your word for it and I hope that’s correct. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) President Pro Tem Senator Harmon.
Thank you, Madam President. And I’d like to speak to the bill.
PRESIDING OFFICER: (SENATOR CROTTY) To the bill.
Thank you, Madam President. I rise in support of the Senator’s bill. I was the sponsor of an earlier incarnation of -- of this legislation and I applaud Senator Steans for bringing this to a successful conclusion. This really is a very well- negotiated piece of legislation. All of the stakeholders have been brought together. And this will afford us the opportunity to do projects that the public sector by itself could not do. By bringing the resources from the private sector together in a cooperative way, we can achieve commonly held objectives that we’ve held for many years but have not been able to proceed upon. So, I would encourage everyone in the Senate to support this -- this legislation. It’s well thought out, carefully crafted. And again, I applaud Senator Steans for bringing this to a successful conclusion.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any other discussion? There being none, the question is, shall House Bill 1091 pass. All those in favor will vote Aye. Those opposed will vote Nay. The voting is 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 33 voting Aye, 12 voting Nay, 0 voting Present. House Bill 1091, having received the required constitutional majority, is declared passed. Senator McCarter, for what reason do you rise? SENATOR McCARTER: Madam President, I’d like to ask for a verification of the vote.
PRESIDING OFFICER: (SENATOR CROTTY) Senator McCarter has requested a verification. Will all Members please be at their seats? The Secretary will read the affirmative votes.
The following Members have voted in the affirmative: Althoff, Clayborne, Annazette Collins, Jacqueline Collins, Crotty, Dillard, Forby, Frerichs, Harmon, Holmes, Hunter, Hutchinson, Jacobs, Koehler, Kotowski, Landek, Lightford, Link, Maloney, Martinez, Muñoz, Noland, Radogno, Rezin, Sandack, Sandoval, Schmidt, Schoenberg, Steans, Sullivan, Syverson, Trotter and Mr. President.
PRESIDING OFFICER: (SENATOR CROTTY) Senator McCarter, questions the presence of any Member voting in the affirmative. Senator McCarter. SENATOR McCARTER: Yes, ma’am. Kwame Raoul.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Raoul. Senator Raoul didn’t vote. Senator McCarter, is there someone else? Senator McCarter. SENATOR McCARTER: 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) On the verified roll call, there are 33 voting Aye, 12 voting Nay, and 0 voting Present. Having received the required constitutional majority, House Bill 1091 is declared passed. Senator Sandack, for what purpose do you rise?
Good morning. A point of personal privilege, please, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) Good morning. State your point.
Thank you. There’s a group from Elmhurst here sitting on the Democratic side, members of Immanuel Lutheran Church from Elmhurst, Illinois. I’m hoping we can give them a warm Springfield, Capitol welcome.
PRESIDING OFFICER: (SENATOR CROTTY) Will our guests in the galleries please rise? Welcome to the Senate. Senator Garrett, for what purpose do you rise?
For point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
My point is, I forgot to vote on Senate Bill -- or House Bill 1091 and I would like the record to reflect an Aye vote.
PRESIDING OFFICER: (SENATOR CROTTY) The record will reflect your intention. Senator Kotowski, for what reason do you rise? 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011
Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
Yes, I’d like the record to reflect that I intended to vote Yes on House Bill 3500.
PRESIDING OFFICER: (SENATOR CROTTY) Your intention will be so recorded. Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: Point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) State your point. SENATOR MUÑOZ: Madam President, Ladies and Gentlemen of the Senate, I have with me the new State Rep that replaced Susana Mendoza. Myself and other committeemen have picked our new person and she’s here with us. Her name is Dena Carli. She is a Chicago police sergeant. She has two master’s degrees. She’s a lifelong resident of the mighty 14th Ward. I’m pretty sure she carries. And with her -- so this is our new Rep, and also her mom, Diane Carli, who’s been a part of the 14th Ward organization for many, many years. They are truly great friends of mine and I’m honored to have ‘em here on the Senate Floor. If we can give them a warm welcome, I’d appreciate it.
PRESIDING OFFICER: (SENATOR CROTTY) Welcome to the Senate, Representative Carli. Continuing on the Order of 3rd Reading, we have House Bill 1149. Senator 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Wilhelmi. Out of the record. House Bill 1151. Senator Haine. Out of the record. House Bill 1192. Senator Muñoz. Madam Secretary, read the bill.
House Bill 1192. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Muñoz. SENATOR MUÑOZ: Madam President, Ladies and Gentlemen of the Senate, House Bill 1192 authorizes the sale of liquor at buildings and facilities under the control of the Department of Natural Resources during events or activities that last no more than seven continuous days. It’s a proponent {sic} from Natural -- the Department of Natural Resources and I know of no opposition.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 1192 pass. All those in favor will vote Aye. 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. On that question, there are 35 voting Aye, 8 voting Nay, none voting Present. House Bill 1192, having received the required constitutional majority, is declared passed. House Bill 1193. Senator Steans. Madam Secretary, read the bill.
House Bill 1193. (Secretary reads title of bill) 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.
Thank you, Madam President, Members of the Senate. We have worked with all the parties, and after amending the bill, we now have an agreement on this bill. House Bill 1193 limits the time that an insurance company can request a recoupment or offset to be withheld from future payments to a medical provider to eighteen months or more and we’ve clarified the criteria under which it can go past the eighteen months for the insurance companies to achieve these recoupments. I would just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 1193 pass. All those in favor will vote Aye. 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. On -- on that question, there are 46 voting Aye, none voting Nay, none voting Present. House Bill 1193, having required {sic} the constitutional majority, is declared passed. On the top of page 60, we have House Bill 1197. Senator Lightford. Madam Secretary, read the bill.
House Bill 1197. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Out of the record. House Bill 1233. Senator Emil Jones. 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Out of the record. House Bill 1272. Senator Kotowski. Madam Secretary, read the bill.
House Bill 1272. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Kotowski.
Thank you very much, Madam President and Ladies and Gentlemen of the Senate. House Bill 1272 requires that when a Firearm Owner’s Identification Card has been confiscated as a condition of bail, it requires the circuit clerk to mail the confiscated card to the State Police.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 1272 pass. All those in favor will vote Aye. 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. On that question, there are 47 voting Aye, none voting Nay, none voting Present. House Bill 1272, having received the required constitutional majority, is declared passed. House Bill 1297. Senator Clayborne. Out of the record. House Bill 1315. Senator Hutchinson. Madam Secretary, read the bill.
House Bill 1315. (Secretary reads title of bill) 3rd Reading of the bill. 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011
PRESIDING OFFICER: (SENATOR CROTTY) Senator Hutchinson.
Thank you, Madam President and Members of the Senate. House Bill 1315 clarifies that the legislation -- oh, let me just say what the overall is. House Bill 1315 is an initiative of the Illinois State Police. The bill prohibits individuals from riding in trailers, semitrailers, farm wagons, or any other vehicle, except second division vehicles in certain situations, while it’s being towed, unless occupancy of the towed vehicle is necessary to avoid an imminent threat to the individual’s safety due to extreme weather conditions or another emergency situation. The amendment clarifies that the legislation does not apply to riding in the back of pickup trucks. The bill only applies to trailers, semitrailers, farm wagons, or any other vehicle while it is being towed upon a public highway. There are exemptions in this bill to parades, farm-related activity, or similar activity, and if the vehicle’s speed does not exceed fifteen miles-an-hour and the passenger’s over the age of eighteen. And I would ask for your support.
PRESIDING OFFICER: (SENATOR CROTTY) Are there any questions? There being none, the question is, shall House Bill 1315 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 voting Aye, 4 voting Nay, and 0 voting Present. House Bill 1315, having required -- having received the required constitutional majority, is declared passed. Senator Lauzen, for what purpose do you rise? 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011
Thank you very much, Madam President. You know, there is a truly lovely lady and one of our colleagues and the Chairman of the Senate Revenue Committee who has been heard to say, “Birthdays are my thing.” And May 20th happens to be Senator Toi Hutchinson’s birthday. So today is the birthday of the lady who says that “birthdays are my thing.” And so I would just ask the Senate to wish Toi a happy birthday.
PRESIDING OFFICER: (SENATOR CROTTY) Again, Senator Hutchinson, happy birthday. And then, Senator Hutchinson, there will come the day when birthdays are not the thing. Now we’ll go back to House Bills 3rd Reading. House Bill 1317. Senator Noland. Out of the record. House Bill 1320. Senator Millner. Out of the record. House Bill 1368. Senator Jacobs. Out of the record. House Bill 1398. Senator LaHood. Out of the record. House Bill 1426. Senator Kotowski. Out of the record. House Bill 1466. Senator Kotowski. Madam Secretary, read the bill.
House Bill 1466. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Kotowski.
Thank you very much, Madam President. House Bill 1466 amends the School Code to remove the responsibility for the regional office of education and educational service center audits from the Auditor General. A copy of each audit must be 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 submitted to the Auditor General on or before February 15th of each year. This bill came about as a result of conversations I had with the Auditor General in order to figure out a way to -- to have some savings this year, given our limited resources. It will save about 1.2 million. It’s the only unit of local government that the Auditor General currently audits. So he came up with this as a way to save money, per conversation I had with him. More than happy to answer any questions.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? Senator McCarter. SENATOR McCARTER: To the bill: We had this conversation in the -- in the committee and I -- I -- I admit that it does save the Auditor General money, but it simply shifts the cost of the -- and the responsibility of the audit to the ROEs. So this is -- we’re not reducing costs here. We’re simply shifting costs. So I would -- I would just encourage a No vote. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) Any other discussion? Senator Kotowski, to close.
Yeah, just to be clear on this, half of the regional offices of education get about a hundred and forty million dollars from the federal government and they’re required by federal law to provide audits. So they get more than enough money available to pay for these audits that they’re required to perform as a result of the receipt of federal funding. I would encourage an Aye vote.
PRESIDING OFFICER: (SENATOR CROTTY) Thank you. Is there any other discussion? There being 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 none, the question is, shall House Bill 1466 pass. All those in favor will vote Aye. 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. On that question, there are 27 voting Aye, 15 voting Nay, 0 voting Present. House Bill 1466, having failed to receive the required constitutional majority, is declared failed. Senator Kotowski, for what purpose do you rise?
Sorry, I didn’t take my medication this morning. The -- I’d like to put the bill on Postponed Consideration, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Kotowski requests that House Bill 1470 {sic} be postponed. The bill will be placed on Order of Postponed Consideration. House Bill 1470. Senator Clayborne. Madam Secretary, read the bill.
House Bill 1470. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Clayborne.
Thank you, Madam President, Members of the Senate. House Bill 1470 requires the Department of Healthcare and Family Services to establish by July 1st, 2013, an -- a electronic process by which each long-term care facility can report the number of occupied beds and other reasonable information the 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Department requires in order to complete its nursing home assessment and calculations. This legislation also allows long- term (care) providers to avoid any late assessment penalties if the electronic submissions process is not in place by July 1st, 2013.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 1470 pass. All those in favor will vote Aye. 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. On that question, there are 48 voting Aye, none voting Nay, none voting Present. House Bill 1470, having received the required constitutional majority, is declared passed. House Bill 1476. Senator Delgado. Out of the record. House Bill 1526. Senator Sullivan. Madam Secretary, read the bill.
House Bill 1526. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Sullivan.
Thank you, Madam President, Members of the Senate. House Bill 1526 amends the Municipal Code so that if any property or a portion of a property that is located more than one and a half miles from a municipality’s corporate limits, is subject to county ordinances, provided there is a two-thirds affirmative vote of the county board to that effect. 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 1526 pass. All those in favor will 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 46 voting Aye, none voting Nay, none voting Present. House Bill 1526, having received the required constitutional majority, is declared passed. Now on the -- on the top of page 61, we have House Bill 1537. Senator Holmes. Madam Secretary, read the bill.
House Bill 1537. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Holmes.
Thank you so much, Madam President. House Bill 1537 repeals the National Guard Veterans Exposure to Hazardous Materials Task Force. The tax -- Task Force was terminated in 2008 and this legislation simply repeals the statute requiring the Task Force and its reporting requirements. Additionally, it establishes the seventh day of August as Purple Heart Day.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 1537 pass. All those in favor will vote Aye. 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. On that question, there are 49 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 voting Aye, none voting Nay, none voting Present. House Bill 1537, having received the required constitutional majority, is declared passed. House Bill 1571. Senator Steans. Madam Secretary, read the bill.
House Bill 1571. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.
Thank you, Madam President, Members of the Senate. House Bill 1571 is a technical cleanup bill to the Care of Students with Diabetes Act to make reference to the correct Section of the School Code. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 1571 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Aye, none voting Nay, none voting Present. House Bill 1571, having received the required constitutional majority, is declared passed. House Bill 1600. Senator Trotter. Out of the record. House Bill 1610. Senator Millner. Out of the record. House Bill 1663. Senator Dillard. Out of the record. House Bill 1670. We’ll come back to that. House Bill 1689. Senator Hutchinson. Out of the record. House Bill 1699. Senator Wilhelmi. Out of the record. House Bill 1702. Senator 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Luechtefeld. Out of the record. House Bill 1703. Senator Clayborne. Madam Secretary, read the bill.
House Bill 1703. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Clayborne.
Thank you. House Bill 1703 makes modifications to the process utilized by the ICC to issue a license -- to issue a license to a common carrier by pipeline. These changes are intended to provide a more efficient and inclusive process for certifying crude oil pipeline projects with the ICC. These projects are intended to improve the State’s energy infrastructure, enhance security and reliability of energy supply, create high-paying jobs, and provide economic stimulation with local communities along their routes. I know of no opposition.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 1703 pass. All those in favor will vote Aye. 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. On that question, there are 49 voting Aye, none voting Nay, none voting Present. House Bill 1703, having received the required constitutional majority, is declared passed. House Bill 1709. Senator Kotowski. Madam Secretary, read the bill. 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011
House Bill 1709. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Kotowski.
Thank you very much, Madam President. House Bill 1709 amends the Fire Department Protection {sic} (Promotion) Act by providing that the Joint Labor and Management Committee may charge a reasonable fee to administer assessor certification courses. Fees may be collected from applicants for certification - so it’s collected from applicants - those seeking recertification, and entities approved to conduct such programs or classes. This is an initiative of the fire caucus.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? Senator Cultra, for what purpose do you rise?
Thank you, Madam President. To the bill.
PRESIDING OFFICER: (SENATOR CROTTY) To the bill.
This was in the Labor Committee and it was brought to our attention that these fees are already being charged and this simply would codify an existing practice. The fees range from five dollars to a hundred dollars. After much consideration, all members of the committee voted in favor of this.
PRESIDING OFFICER: (SENATOR CROTTY) 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Senator Kotowski, to close. The question is, shall House Bill 1709 pass. All those in favor will vote Aye. 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. On that question, there are 39 voting Aye, 5 voting Nay, 0 voting Present. House Bill 1709, having received the required constitutional majority, is declared passed. Now on House Bill 1717, President Pro Tem Senator Harmon. Out of the record. House Bill 1719. Senator Raoul. Out of the record. House Bill 1723. Senator Sullivan. Out of the record. House Bill 1730. Senator Hutchinson. Out of the record. On the top of page 62, we have House Bill 1825. Senator Steans. Madam Secretary, read the bill. Senator Steans seeks to leave -- seeks leave of the Body to return House Bill 1825 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1825. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.
Floor Amendment 1 simply changes the effective date of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. 3rd Reading. House Bill 1883. Senator Hutchinson. Out of the record. Senator Tom Johnson, for what 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 purpose do you rise?
A point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
I just want to clarify something, and that was that on House Bill 1091, which we passed recently, I specifically asked the question whether quick-take was involved in that piece of legislation; to which, the answer was clearly no. I just want to tell the Body so that when they go back and discuss this bill, on page 42, Section 50, lines 6 and 7, clearly gives the power of quick-take in this piece of legislation. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) Thank you, Senator Johnson. Now we’re on House Bill 1908. Senator Haine. Out of the record. House Bill 1909. Senator Koehler. Out of the record. House Bill 1926. Senator Steans. Out of the record. House Bill 1957. Senator Trotter. Out of the record. House Bill -- we’ll come back to House Bill 1973. House Bill 1985. Senator Haine. Out of the record. House Bill 2001. Senator Millner. Out of the record. House Bill 2023. Senator Harmon. Out of the record. House Bill 2056. Senator Schmidt. Senator Schmidt seeks leave of the Body to return House Bill 2056 to the Order of 2nd Reading. Leave is granted. Now on the Order -- now on the Order of 2nd Reading is House Bill 2056. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Schmidt. 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011
PRESIDING OFFICER: (SENATOR CROTTY) Senator Schmidt.
Yes, this amendment, what it does is, to this bill, is five percent of the fee that is going to be collected in the courts will go to the Criminal Justice Information Projects Fund so that we at the State are not paying to administer grants. So part of the twenty-dollar fee will go to that fund so that they can -- they can pay to administer the grant. It’s very simple.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 2089. Senator McCann. Out of the record. House Bill 2095. Senator Noland. Out of the record. House Bill 2193. Senator Haine. Out of the record. On the top of page 63, we have House Bill 2249. Senator Haine. Out of the record. We’ll come back to House Bill 2259. House Bill 2267. Senator LaHood. Madam Secretary, read the bill.
House Bill 2267. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator LaHood. 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 SENATOR LaHOOD: Thank you, Madam President. House Bill 2267 amends the Illinois Vehicle Code and provides that a person that’s convicted of a third or subsequent charge of operation of an uninsured motor vehicle, currently they should pay a fine of a thousand dollars. This amends it and provides that if a person is convicted of the offense of operation of a motor vehicle causing bodily harm along with no insurance and has two previous convictions, then the fine will be up to twenty-five hundred dollars. I know of no opposition to the bill. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 2267 pass. All those in favor will vote Aye. 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. On that question, there are 48 voting Aye, none voting Nay, none voting Present. House Bill 2267, having received the required constitutional majority, is declared passed. House Bill 2313. Senator Sullivan. Out of the record. House Bill 2804. Senator John Jones. Out of the record. House Bill 2858. Senator Althoff. Madam Secretary, read the bill.
House Bill 2858. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Althoff.
41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Thank you very much, Madam President. House Bill 2858 is the annual authorization funding for the Auditor General’s Department and there is a transfer of nineteen million dollars from various funds to the Audit Expense Fund to offset the cost of doing the audits for other agencies. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CROTTY) Seth Perlman from the Associated Press requests permission to take still photos. There being leave, permission is granted. Is there any discussion? There being none, the question is, shall House Bill 2858 pass. All those in favor will vote Aye. Those 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 47 voting Aye, none voting Nay, none voting Present. House Bill 2858, having received the required constitutional majority, is declared passed. House Bill 2860. Senator Forby. Out of the record. House Bill 2903. Senator Steans. Out of the record. House Bill 2938. Senator Sandoval. Madam Secretary, read the bill.
House Bill 2938. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Sandoval.
Thank you, Madam President, Members of the Senate. House Bill 2938 is an initiative of the Secretary of State. The bill was issued {sic} to address a number of issues affecting special 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 license plates, requirements for minimum sales of special plates, and the collection and distribution of funds from those sales of plates. The bill will give the Secretary of State the flexibility when dealing with special plates. This bill passed out of the House unanimously and out of the Senate Transportation Committee with no opposition. I’d ask for a favorable vote.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 2938 pass. All those in favor will 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 46 voting Aye, none voting Nay, none voting Present. House Bill 2938, having received the required constitutional majority, is declared passed. House Bill 2955. Senator Hutchinson. Out of the record. House Bill 2974. Senator Holmes. Out of the record. House Bill 2976. Senator Wilhelmi. Out of the record. House Bill 2987. Senator Hutchinson. Out of the record. House Bill 3005. Senator Delgado. Out of the record. House Bill 3010. Senator Schoenberg. Out of the record. Senator Schoenberg? House Bill 3022. Senator Lightford. Out of the record. House Bill 3025. Senator Maloney. Madam Secretary, read the bill.
House Bill 3025. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Maloney. 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011
Thank you, Madam President. House Bill 35 {sic} amends the Personal Information Protection Act. It requires both data collection -- collectors and State agencies that have personal information concerning Illinois residents to include disclosure if there is a -- a breach. And a breach is defined as an unauthorized acquisition of computerized data that compromises the security, confidentially -- confidentiality, or integrity of personal information. There was -- financial institutions objected because they are governed under a federal law, so they are exempt from this. And I know of no further opposition. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 3025 pass. All those in favor will vote Aye. 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. On that question, there are 47 voting Aye, none voting Nay, none voting Present. House Bill 3025, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll go back and pick up on House Bill 3010. Senator Schoenberg. Madam Secretary, read the bill.
House Bill 3010. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Schoenberg. 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011
Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 3010 amends the Illinois Human Rights Act to incorporate autism spectrum disorders within the definition of violations of public accommodations to discriminate against individuals with mental, psychological, or developmental disabilities. This is modeled after a New Jersey law, which revised the State’s antidiscrimination law so that no one with autism or any related neurological disorders would be denied access to places of public accommodation. I know of no opposition to this and I’m happy to answer any questions.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 3010 pass. All those in favor will vote Aye. 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. On that question, there are 45 voting Aye, none voting Nay, none voting Present. House Bill 3010, having received the required constitutional majority, is declared passed. Senator Noland, for what purpose do you rise?
Yes, Madam President, I’m sorry. I intended to be counted as an Aye on that last bill.
PRESIDING OFFICER: (SENATOR CROTTY) The record will so reflect. Now we’re going to continue on to House Bill 3027. Senator Steans. Out of the record. House Bill 3034. Senator Wilhelmi. Out of the record. With leave of the Body, with the sponsor’s permission, we will go down to House Bill 3041. Senator Kotowski. Senator Kotowski seeks 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 leave of the Body to return House Bill 3041 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3041. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Kotowski.
The -- just address the amendment on 3rd Reading, please.
PRESIDING OFFICER: (SENATOR CROTTY) All those in favor will say Aye. Those opposed will vote 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 CROTTY) 3rd Reading. Now House Bill 3090. Senator Delgado. Out of the record. House Bill 3031 {sic}. Senator Pankau. Madam Secretary, read the bill.
House Bill 3131. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Pankau.
Thank you, Madam President. House Bill 3131 amends the Open Meetings Act. And it stipulates that a public body 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 conducting a meeting must take reasonable steps to ensure that a copy of the notice and agenda, required to be posted under this Section, is continuously posted for public review the -- during the entire forty-eight-hour period preceding the meeting. I ask for your favorable approval.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 3131 pass. All those in favor will vote Aye. 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. On that question, there are 47 voting Aye, none voting Nay, none voting Present. House Bill 3131, having received the required constitutional majority, is declared passed. House Bill 3158. Senator Schoenberg. Madam Secretary, read the bill.
House Bill 3158. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Schoenberg.
Thank you, Madam President and Ladies and Gentlemen of the bill {sic}. House Bill 3158 closes a loophole in the State’s pay-to-play laws by providing that any contribution to a candidate for Lieutenant Governor should also be considered as if it’s a contribution -- made to a political committee that also benefits the Governor. You may know - to refresh your memory - that we have certain prohibitions on business entities 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 with State contracts who -- on -- with a dollar threshold, and because the Lieutenant Governor and Governor now run as a tandem, conceivably the donation to the Lieutenant Governor could indeed skirt the prohibition on giving to the Governor. Here it considers a contribution to a Lieutenant Governor candidate identical to being to -- to the Governor for the purposes of our pay-to-play laws. This is a great reform law that was proposed by the State Board of Elections. I’d urge your support.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? Senator Dillard.
Thank you. I’m all for the bill, but I do have a question. Twice in my memory, a Lieutenant Governor has had no, zippo, relationship with the Governor and their administration. And what happens if you have a Lieutenant Governor that just doesn’t talk to the Governor and they are completely polar opposites? In other words, they despise one another. And that’s happened twice in my lifetime around here. What happens if you have that kind of situation?
PRESIDING OFFICER: (SENATOR CROTTY) Senator Schoenberg.
I -- I wasn’t going to ask you to name names, Senator Dillard, but I think that ultimately we need -- we need to weigh whatever lack of personal harmony between gubernatorial -- between a Governor and a Lieutenant Governor against the public’s interest in ensuring that the Lieutenant Governor, because they function as a running mate, could conceivably be 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 viewed as a way to skirt our -- our prohibition on tougher pay- to-play laws. So I acknowledge that not everyone who plays on the same team always plays well in that sandbox. But, nonetheless, I think it’s in the public’s interest to close a loophole where an unintended consequence of enabling someone to contribute to the Lieutenant Governor candidate, who wishes to be a contractor, where they’d be prohibited otherwise. I think that outweighs whatever situation you just described.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any other discussion? There being none, the question is, shall House Bill 3158 pass. All those in favor will vote Aye. 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. On that question, there are 46 voting Aye, none voting Nay, none voting Present. House Bill 3158, having received the required constitutional majority, is declared passed. House Bill 3184. Senator Harmon. Out of the record. House Bill 3188. Senator Frerichs. Out of the record. House Bill 3237. Senator Koehler. Out of the record. House Bill 3244. Senator Dillard. Out of the record. House Bill 3256. Senator LaHood. Madam Secretary, read the bill.
House Bill 3256. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator LaHood. SENATOR LaHOOD: Madam President, House Bill 3256 is legislation that 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 expands the use of antique vehicles. Certain categories of antique vehicles that qualify under this proposed legislation will be allowed to have expanded use of roadways and other activities. I know of no opposition to this legislation.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 3256 pass. All those in favor will vote Aye. 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. On that question, there are 47 voting Aye, none voting Nay, none voting Present. House Bill 3256, having received the required constitutional majority, is declared passed. Senate will stand at ease for a moment. (at ease) Senate will come to order. 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 adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 1. Offered by Senator McCarter. And adopted by the House, April 14th, 2011. Mark Mahoney, Clerk of the House. It is substantive, Madam President. 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: 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 Senate Bill 1607. 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 2. We have received like Messages on Senate Bill 2106, with House Amendments 1 and 3. They all passed the House, as amended, May 20th, 2011. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR CROTTY) We’ll now proceed to the Order of Resolutions Consent Calendar. With the leave of the Body, all those resolutions read today will be added to the Consent Calendar. Madam Secretary, have there been any other -- objections filed to any resolution on the Consent Calendar?
No objections have been filed, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the resolutions are adopted. Senator Harmon, for what purpose do you rise?
Thank you, Madam President. For purposes of an announcement.
PRESIDING OFFICER: (SENATOR CROTTY) State your announcement.
Thank you. Ladies and Gentlemen of the Senate, as you 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 know, the Senate Redistricting Committee is meeting tomorrow in Chicago, and because of that, the Senate will not be convening here in Springfield tomorrow, on Saturday. We will be reconvening on Sunday afternoon promptly at 4 p.m. I’d ask all Members to be back at their desks on Sunday at 4 p.m.
PRESIDING OFFICER: (SENATOR CROTTY) Thank you, Senator. I have a point of an announcement. If Members have Floor amendments they intend to be heard before the 3rd Reading deadline, you should file your Floor amendments by the close of business today. This will provide time for those amendments to be assigned to committee so that they can be heard during the 3rd Reading deadline week. I would also like to remind everyone that next Friday, May 27th, is the 3rd Reading deadline for House bills. Thank you. The Senate will stand at recess to the call of the Chair. Later today, the Committee on Assignments will meet and the Senate will reconvene to receive paperwork and other matters not requiring Floor action. There will be no Floor action until the Senate reconvenes at the hour, promptly, at 4 p.m. on the 22nd day of May, 2011. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HARMON) The Senate will come to order. Madam Secretary, Committee Reports.
Senator Cullerton, Chairman of the Committee on Assignments, reports the following Legislative Measures have 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/20/2011 been assigned: Refer to the Appropriations II Committee - House Bill 2189; referred to the Redistricting Committee - Floor Amendment 1 to Senate Bill 1175. Signed by Senator John J. Cullerton, Chairman.
PRESIDING OFFICER: (SENATOR HARMON) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 4 p.m. on Sunday, May 22nd. The Senate stands adjourned. 53