PRESIDING OFFICER: (SENATOR CLAYBORNE) The regular Session of the 97th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Shaun Lewis, Capitol Commission of Springfield, Illinois.
(Prayer by Pastor Shaun Lewis)
PRESIDING OFFICER: (SENATOR CLAYBORNE) Pledge of Allegiance, led by Senator Collins.
(Pledge of Allegiance, led by Senator J. Collins)
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, for what purpose do you seek recognition?
Thank you, Mr. President. For the record, Senator Dillard is not in attendance today due to a family medical emergency.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you. Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Friday, May 20th, 2011.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 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 CLAYBORNE) 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcript. There being no objection, so ordered. Introduction of Bills, Madam Secretary.
Senate Bill 2482, offered by Senator Lauzen. (Secretary reads title of bill) Senate Bill 2483, offered by Senator Lauzen. (Secretary reads title of bill) 1st Reading of these Senate bills.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke, for what purpose do you seek recognition?
A point of personal privilege for an announcement.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point -- your announcement, Senator Bomke.
Thank you, Mr. President. Senator Lauzen is not here today. He’s attending his youngest son’s high school graduation, who happens to be the valedictorian of the class, much like yourself, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you, Senator Bomke. Senator Cultra, for what purpose do you seek recognition?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point. 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011
I have a friend here from Iroquois County, back home, interested in local government. If you’d welcome Peg Kuester to the Senate Floor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to Springfield. Thanks for coming. Enjoy your evening. Senator Maloney, for what purpose do you seek recognition?
Thank you, Mr. President. Just like to take a moment for a point of personal privilege.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.
I’d like to introduce to the Senators present here today some very good friends of mine from the district, Wally and Gayle Scahill. Wally was a -- a classmate of mine, a Leo High School legendary football hero. And his wife, Gayle. Please give ‘em a warm Senate welcome.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please stand and be welcomed. Welcome to Springfield. Hope you enjoy your day. Senator Hutchinson, for what purpose do you seek recognition?
Well, since I have dubbed myself Chair of the “May Babies Caucus”, we have another May birthday. So I wanted to say happy very, very special birthday on this May 22nd to Senator Ed Maloney.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Happy birthday, Senator Maloney. Senator Maloney, for what purpose do you seek recognition?
Thank you, Mr. President. Thank you for the warm birthday welcome. I’d just like to put my birthday in perspective. I am sixty-five today. Senator -- our good friend, Senator Toi Hutchinson, had her birthday the other day. When she’s my age, I’ll be ninety-two. Thanks very much, sir. If I…
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Maloney.
Yeah, if I can’t be home celebrating with my family, there’s no better place than to be here with you guys. Thanks, everybody, for every wish.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, for what purpose do you seek recognition?
Point of personal privilege. I -- I wanted to add my congratulations - I was a little late - to Senator Maloney on his sixty-fifth birthday. And I want to add, when -- when he’s ninety-two, I’ll be ninety-four, when Toi is -- and the -- and Michael Madigan will still be Speaker.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 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. Senator Crotty in the Chair. (at ease)
PRESIDING OFFICER: (SENATOR CROTTY) 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Senator Clayborne in the Chair.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 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 1237, Floor {sic} Amendment 1 to House Bill 1258, Floor Amendment 1 to House Bill 3005, Floor Amendment 1 to House Bill 3300; refer to the Energy Committee - Floor Amendment 1 to House Bill 230, Floor Amendment 1 to House Bill 1297, Floor Amendment 2 to House Bill 1297, Floor Amendment 3 to House Bill 1297 and Floor Amendment 1 to House Bill 3037; refer to the Environment Committee - Floor Amendment 2 to House Bill 806, Floor Amendment 1 to House Bill 2903; refer to the Financial Institutions Committee - Floor Amendment 2 to House Bill 1698; refer to the Human Services Committee - Floor Amendment 2 to House Bill 653; refer to the Judiciary Committee - Floor Amendment 2 to Senate Bill 544 and Floor Amendment 1 to House Bill 1233; refer to the Local Government Committee - Floor Amendment 2 to House Bill 1576 and Floor Amendment 3 to House Bill 1576. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty, for what purpose do you seek recognition?
Point of an announcement.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your announcement. 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011
If everyone would give a guest of mine that’s up in the gallery - his name is Senator Ed Maloney - a hand. I guess, when you have the birthday he’s having today, you tend to wander. So we want to welcome him to the gallery. Senator Maloney.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to Springfield, Senator Maloney. Happy birthday. Ladies and Gentlemen, the following committees will be meeting to take up committee or Floor amendments: Human Services will meet in Room 212 at 5:35 p.m. tonight; Judiciary will meet in Room 400 at 5:35 p.m. tonight; Criminal Law will meet in Room 212 at 6:30 p.m.; Environment will meet in Room 400 at 6:30 p.m.; Local Government will meet in Room 409 at 6:30 p.m.; Energy Committee will meet at 6 p.m. in Room 212; and Financial Institutions will meet in Room 400 at 6 p.m. Senator Schmidt, for what purpose do you seek recognition?
Thank you, Mr. President. I would like to introduce my husband, Bob Schmidt, who -- because I never go home, he decided he’d have to come down here to see me. So, he’s a wonderful husband, drove all this way just so I could cook dinner for him tonight. I haven’t cooked for months. My husband, Bob Schmidt. Thank you all.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to Springfield, Bob. Glad you’re here. Hope you have a good evening. Senator Garrett, for what purpose do you - I don’t see your husband - what purpose do you seek recognition?
6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Well, no. But a point of personal privilege.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point, Senator Garrett.
To the previous speaker: Does she think we are going to be having dinner tonight? I don’t think so. No dinner tonight. Your husband may be disappointed.
PRESIDING OFFICER: (SENATOR CLAYBORNE) All Senators who can hear my voice, please come to the Floor. We are going to proceed to page 66, Secretary’s Desk, Resolutions. Senate Resolution 81. Senator Lauzen. Senator Lauzen. Out of the record. Senate Resolution 169. Senator A.J. Wilhelmi. Senator Wilhelmi. Out of the record. Senate Resolution 199. Senator Sandoval. Senator Sandoval. Out of the record. Senate Resolution 204. Senator Link. Madam Secretary, read the resolution.
Senate Resolution 204, offered by Senator Link.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Link, to explain.
Thank you, Mr. President. This shows support for the research into cause, of -- treatment, and cures for children’s interstitial lung disease, and thanks advocates and organizations for their efforts to educate the public about the children’s interstitial lung disease, and designates the first week of May as Children’s Interstitial Lung Disease Awareness Week in the State of Illinois.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Is there any discussion? Seeing none, the question is, shall Senate Resolution 204 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Righter, on Senate Resolution 214. Madam Secretary, read the resolution.
Senate Resolution 214, offered by Senator Righter.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Senate Resolution 214 was brought to me by the Illinois Dietetic Association. The sum of it is that it warns and says the Senate recognizes the problem of -- of growing incidents of child obesity in Illinois and across the nation, and emphasizes that one of the most important solutions to that issue is to make sure that kids are eating healthy foods, hence the title “Kids Eat Right”. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall Senate Resolution 214 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator -- Senate Resolution 247. President Cullerton. Madam Secretary, read the resolution.
Senate Resolution 247, offered by President Cullerton.
PRESIDING OFFICER: (SENATOR CLAYBORNE) President Cullerton, to explain.
8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Yes, thank you, Mr. President, Members of the Senate. Senate Resolution 247 blocks the implementation of Executive Orders 2011-01, 2011-02 and 2011-03, each of which takes effect on July 1st, 2011. Each of the three Executive Orders failed to conform to the requirements of the Illinois Constitution, Article V, Section 11, as well as the Executive Reorganization Implementation Act. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield briefly, please?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield, Senator Righter.
Thank you. Mr. President, it’s my understanding that your resolution is driven by the process, as opposed to the substance of -- of the Executive Orders that the administration is trying to move through. Is that a fair characterization?
PRESIDING OFFICER: (SENATOR CLAYBORNE) President Cullerton.
That’s correct.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Further discussion? Seeing none - this is actually a roll call vote - the question is, shall Senate Resolution 247 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 40 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 voting Yea, none voting Nay, none voting Present. Senate Resolution 247, having received the required constitutional majority, is declared passed. Senator Althoff, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.
Thank you very much. If the Body will look directly behind me on the Republican side, my neighbor’s family, the Nichols, are in the gallery and I’d like to give them a warm welcome. And I’d like to say that my neighbor, even with the remap, is still in my district. So, that’s good too.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please stand. And -- and welcome to Springfield. Thanks for coming. Hope you enjoy your evening. House Joint Resolution 7. Senator Delgado. Madam Secretary, read the resolution.
House Joint Resolution 7, offered by Senator Delgado.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado, to explain.
Thank you, Mr. President, Members of the Senate. House Joint Resolution 7 extends the reporting deadline for the Success in Schools {sic} (School Success) Task Force for {sic} December 31st, 2011. The deadline was established by House Joint Resolution 5 as December 31st, 2012 {sic}. It’s just a 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 cleanup.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none - this is an actual vote - the question is, shall House Joint Resolution 7 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 41 voting Yea, none voting Nay, none voting Present. House Joint -- House Joint Resolution No. 7, having received the required constitutional majority, is declared passed. House Joint Resolution 13. Senator Crotty. Madam Secretary, read the resolution.
House Joint Resolution 13, offered by Senator Crotty.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty, to explain.
Thank you. House Joint Resolution 13 requires the Department of Public Health to study Krabbe disease and other related leukodystrophies and report the findings to the General Assembly on or before December 31st, 2012.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none - this is also a recorded vote as well - the question is, shall House -- House Joint Resolution 13 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 38 voting Yea, none voting Nay, none voting Present. House Joint Resolution 13, having received the 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 required constitutional majority, is declared passed. House Joint Resolution 25. Senator Silverstein. Senator Silverstein. Out of the record. House Joint Resolution 27. Senator Syverson. Senator Syverson. Senator Syverson. Out of the record. House Joint Resolution 28. Senator Raoul. Senator Raoul. Senator Raoul. Out of the record. With leave of the Body, we’ll return to Senate Resolution 169. A.J. Wilhelmi. Madam Secretary, read the resolution.
Senate Resolution 169, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Resolution 169 urges the United States Army Corps of Engineers to seek alternatives to closing the Chicago Area Waterway System of locks and canals in response to the Asian carp epidemic threatening the Great Lakes ecosystem. In 2010, a U.S. District Court judge struck down a preliminary injunction filed by our neighboring Great Lakes states to close the waterway system and the U.S. House of Representatives recently voted down the same proposal. Closing the Chicago area locks and canals is not a logistically feasible solution to the problem and would be devastating to our State, local and national economies. I ask for your support.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is -- question is, shall Senate Resolution 169 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 resolution is adopted. We will proceed to page 64, on the Order of House Bills 2nd Reading. House Bill 186. Leader Radogno. Out of the record. House Bill 230. Senator Koehler. Out of the record. House Bill 242. Senator Koehler. Out of the record. House Bill 295. Senator Maloney. Senator Maloney. Senator Maloney. Out of the record. House Bill 1079. Senator Johnson. Out of the record. House Bill 1163. Senator Jacobs. Out of the record. House Bill 1215. Senator Crotty. Out of the record. House Bill 1237. Senator Mike Noland. Out of the record. House Bill 1241. Senator Iris Martinez. Senator Martinez. Senator Martinez. Out of the record. Turning to top of page 65. House Bill 1253. Senator Martinez. Senator Martinez. Out of the record. House Bill 1293. Senator Schoenberg. Out of the record. House Bill 1444. A.J. Wilhelmi. Out of the record. Senator -- 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 3417. Senator McCarter. McCarter. McCarter. Out of the record. We’re going to proceed to the top of page 58, on the Order of House Bills 3rd Reading. House Bill 78. 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. 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Senator Hutchinson. Out of the record. House Bill 219. President Cullerton. President Cullerton. Out of the record. House Bill 220. Senator Dillard. Senator Dillard. Out of the record. House Bill 224. Senator Steans. Out of the record. House Bill 263. Senator Millner. Madam Secretary, read the bill.
House Bill 263. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Millner, to explain.
Thank you, Mr. President. This bill creates a statewide first degree murderer database for persons convicted of first degree murder who have been released from a penal institution or other facility, after the completion of their sentence. Offenders must register for a period of ten years following the release.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 263 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 45 voting Yea, none voting Nay, none voting Present. House Bill 263, 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, read the bill. 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011
House Bill 279. (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. As amended, House Bill 279 expands the written statement concerning a hospital’s patient’s bill of rights to include the right not to be discriminated against by the hospital due to certain factors that are not relevant to the patient’s medical diagnosis and treatment. The bill also creates procedures for addressing discrimination grievances and authorizes every hospital to post its emergency room anti-discrimination policy. An individual is permitted to file a grievance with Department - as amended, now the Department of Human Rights and the Department of Public Health, if necessary. The intent of the bill is to protect the rights of patients and improve the delivery of health care services. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 279 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 42 voting Yea, none voting Nay, none voting Present. House Bill 279, having received the required constitutional majority, is declared passed. Turning to top of page 59, on the Order of House Bill 3rd Readings {sic}. House 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Bill 298. Senator Lightford. Senator Lightford. Out of the record. House Bill 363. Senator Harmon. Out of the record. House Bill 466. Senator Kotowski. Out of the record. House Bill -- no, I’m sorry. House Bill 653. Senator Althoff. Senator Althoff. Out of the record. House Bill 806. Senator Rezin. Out of the record. House Bill 1056. Senator Sandack. Senator Sandack. Out of the record. House Bill 1149. Senator Wilhelmi. Out of the record. House Bill 1151. Senator Haine. Out of the record. House Bill 1197. Senator Lightford. Senator Lightford. Senator Lightford. Out of the record. House Bill 1233. Senator Emil Jones. Out of the record. House Bill -- well, with leave of the Body, we’ll return to House Bill 1297. House Bill 1317. Senator Noland. Senator Noland. Out of the record. House Bill 1320. Senator Millner. Madam Secretary, read the bill.
House Bill 1320. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Millner, to explain.
Thank you, Mr. President. This is the same bill we passed out as a Senate bill before. This allows the City of West Chicago to annex property that is bounded by Fermilab. If it was bounded by a park district or another governmental agency, you could do it. But because it’s a -- federal government, we couldn’t do it. This simply allows the six parcels to be annexed. Ask for an Aye vote. 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1320 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 43 voting Yea, none voting Nay, none voting Present. House Bill 1320, having received the required constitutional majority, is declared passed. House Bill 1368. Senator Jacobs. Senator Jacobs. Out of the record. House Bill 1398. Senator LaHood. Senator LaHood. Out of the record. Turning to top of page 60. Order of House Bills 3rd Reading. Senator Kotowski, on House Bill 1426. Senator Kotowski. Out of the record. House Bill 1476. Senator Delgado. Madam Secretary, read the bill.
House Bill 1476. (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. HB -- 1476 amends the Medical Practice Act by requiring the Department of Financial and Professional Regulation to disclose the status of a pending complaint to the party who filed the report or complaint, upon request. In addition, it requires DFPR to notify the complainant of the time and date of any hearing related to the complaint before the Medical Disciplinary Board and whether the person can testify. This notice shall be in writing and 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 made at least fourteen days before the hearing. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1476 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 43 voting Yea, none voting Nay, none voting Present. House Bill 1476, having received the required constitutional majority, is declared passed. House Bill 1600. Senator Trotter. Senator Trotter. Senator Trotter. Out of the record. House Bill 1610. Senator Millner. Madam Secretary, read the bill.
House Bill 1610. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Millner, to explain.
Thank you, Mr. President. This is a bill that allows a device that would attach to a person, for example, with Alzheimer’s, a child with autism or others. It would notify the 9-1-1 center, would notify the company, and they would work together to find this missing person. Currently, if some person with Alzheimer’s is out and about missing, it takes numerous patrol cars, numerous police officers to find them. With this piece of equipment, they’d be able to activate it and find this person and basically have one police car respond. I ask for an 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Syverson.
Thank you. Question of the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield.
Senator, we had this legislation earlier this year and there was questions raised, or concerns, about this being special legislation for one company, and why they don’t -- why they would use 9-1-1 resources if they could just set up and do like they do with Life Alert and notify them first, and then if they couldn’t be found, then go through 9-1-1. But this adds one extra step, which not only costs more money, but adds more time to resolving that circumstance.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Millner.
Actually, when this bill first came up, I was with you and I spoke to the initial sponsor to pull it back until I investigated it. Since that time, I’ve talked to police agencies. The chiefs of police support it. Believe the sheriffs support it. The department I was from actually used it and they told me it was wonderful. They’re able to track down a autistic child with it. And they felt that this is the faster, more efficient method of doing it and it will save money. And any other -- any other company who comes up with a product like that will be able to -- to do the same thing. 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Is there a cost? Or are they reimbursing the taxpayers for this? Or is this service -- taxpayers going to be paying for that totally in this?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Millner.
It’s the same as if you would call -- 9-1-1 right now. There’s no difference. The device would call it, as opposed to me calling the police. Currently, if you call 9-1-1 if you’re losing someone, some autistic child or someone with Alzheimer’s, the police would respond with numerous personnel. It would cost significantly more money, more time, and it would take the resources of that particular organization, whatever police department would be responding to it. Now, with this device here, it’s simply one call, one activation, and we would be able to find that person swiftly, saving money, saving time. And that’s why the law enforcement community is behind it and they would like to see it in place as soon as we can.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Thank you. I guess my -- again, my concern is that -- that we open this -- the floodgates up. If we do this for them, then we should do this for alarm companies. We should do this for Life Alert. Because if a senior gets, you know, falls or gets hurt, they should have that same ability then to have 9-1-1 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 called, as opposed to calling Life Alert or calling alarm companies. And so, what we’re doing is, for one company, we’re setting up that they can go to 9-1-1 direct; yet, for burglaries and for seniors, other programs, they still run through the private sector. And I would think in most cases, a person, if - - if they’re wearing a band that they can be -- that they would notify the company and the company would be able to look at the GPS and say your loved one is two doors down, or this is where they’re located at. They could find them. And if they were a great distance away, but in most cases they’re not, couldn’t that be resolved without bringing law enforcement in? So, I guess my question is, is are we opening up the floodgates and what is precluding now Life Alert or any alarm system company from being able to advertise and use 9-1-1 for free, and then what’s that going to do to overburdened 9-1-1 systems?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Millner.
Thank you, Mr. President. In response to that question, it’s -- they still have to call the company. It doesn’t go directly to 9-1-1. This is not where the guy wanders the street and they say, okay, let’s find him. You have to call the company. The company coordinates with 9-1-1, which we in the law enforcement community want. We want the coordination. We want to get it done. Life Alert, LifeLink that works very well, but it doesn’t have the GPS finder to be able to find this person immediately. That’s if you fall in a house, where you push the button for an alarm. In fact, in my own home, we had one of those go off the other day. So -- while we were testing 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 it, the fire department responded. So they still respond on those particular cases. 9-1-1 is still contacted in those places {sic} from the company. This is more of a check and balance, where the company’s called and 9-1-1 is called, which the law enforcement community tells me this is a -- a method that they enjoy and they’d like to see allowed.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Just to close. Again, this -- this may be a good idea. I’m just concerned that we don’t do this in any other area and this is for one company that has that. And as technology changes, the concern is that we’ll open this up then for all systems and overburden our 9-1-1. And if we do have the ability to have a simple GPS band that they’re wearing, it’s -- they’re easy to locate and there’s no reason why that company couldn’t look that up, find out where they’re located at and just tell the loved ones, “your person is two blocks over” or “your person is in the back yard” or -- and just tell them, as opposed to making law enforcement go out there. But I understand what they’re trying to do. But I just have, again, concerns about the -- what the potential cost to -- to this might be. So -- but thank you very much for your time in answering the questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Senator Millner, to close.
Thank you, Mr. President. I ask for an Aye vote for a number of reasons. Primarily, the law enforcement community 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 wants this. They tried it. They used it. It will save them time. Will save ‘em money. Save ‘em resources. Especially today in light of our current fiscal situations, things like this will be a -- a big help to the law enforcement community and they’re asking for an Aye vote, as well as I. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 1610 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 38 voting Yea, 4 voting Nay, none voting Present. House Bill 1610, having received the required constitutional majority, is declared passed. House Bill 1663. Senator Dillard. Senator Dillard. Out of the record. House Bill 1670. Senator Crotty. Madam Secretary, read the bill.
House Bill 1670. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty, to explain.
Thank you, Mr. President. House Bill 1670, as amended by this -- Senate Amendment No. 1 and 2, requires all elected officials to complete training regarding the Open Meetings Act after the effective date of this bill or after the person is elected to office. The training consists of an electronic test regarding the Open Meetings Act that is prepared by the Public Access Counselor. However, elected school board members are 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 given the option to complete a training program that is offered by a school board association. Current law requires public bodies to designate one or more employees to receive training on Open Meetings Act compliance, but it does not require all elected officials to do so. This would.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall -- question is, shall House Bill 1670 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 43 voting Yea, none voting Nay, none voting Present. House Bill 1670, having received the required constitutional majority, is declared passed. House Bill 1689. Senator Hutchinson. Out of the record. House Bill 1699. Senator A.J. Wilhelmi. Out of the record. House Bill 1702. Senator Luechtefeld. Senator Luechtefeld. Senator Luechtefeld. Out of the record. House Bill 1717. Senator Harmon. Senator Harmon. 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. Madam Secretary, read the bill.
House Bill 1730. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to explain.
Thank you, Mr. President and Members of the Senate. House 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Bill 1730 amends the Illinois Municipal Code to provide that the corporate authorities of a municipality may appropriate and expend funds for economic development purposes, including, without limitation, the making of grants to any other governmental entity or commercial enterprise that are deemed necessary or desirable for the promotion of economic development within the municipality. Thank you and I would ask for your support.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1730 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 42 voting Yea, none voting Nay, none voting Present. House Bill 1730, having received the required constitutional majority, is declared passed. House Bill 1825. Senator Steans. Madam Secretary, read the bill.
House Bill 1825. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans, to explain.
Thank you, Mr. President, Members of the Senate. House Bill 1825 amends the Insurance Code, requiring health insurance company policies that already provide coverage for -- prescribed orally administered cancer medications and intravenously administered/injected cancer medications, that they are treated 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 financially the same for patients. It’s not a new mandate. It’s just making sure that, based on the delivery, there’s not a change in the way it’s getting covered. We’ve worked hard on the bill to get to general agreement on it. It passed the House unanimously and unanimously in the Executive Committee as well. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1825 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 42 voting Yea, none voting Nay, none voting Present. House Bill 1825, having received the required constitutional majority, is declared passed. Senator Millner, for what purpose do you seek recognition?
Thank you, Mr. President. Pursuant to Senate Rule 7-15(a), having voted on the prevailing side, I move to reconsider the vote by which House Bill 263 passed.
PRESIDING OFFICER: (SENATOR CLAYBORNE) That motion is in order. Having voted on the prevailing side, Senator Millner moves to reconsider the vote by which House Bill 263 was passed. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. Turning to top of page 61 is House Bill 1883. Out of the record. House Bill 1908. Senator Haine. Out of the record. House Bill 1909. Senator Koehler. 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 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Bill 1973. Senator Crotty. Madam Secretary, read the bill.
House Bill 1973. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty, to explain.
House Bill 1973 amends the Optometric Practice Act by limiting the use of the -- LLCs to only licensed owners under the Act and by eliminating a provision that may be interpreted to allow fee splitting, which is prohibited under the Act.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1973 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 43 voting Yea, none voting Nay, none voting Present. House Bill 1973, having received the required constitutional majority, is declared passed. Senator Haine, on House Bill 1985. Out of the record. Senator Millner, on House Bill 2001. Madam Secretary, read the bill.
House Bill 2001. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Millner, to explain.
27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Thank you, Mr. President. This amends the Environmental Protection Act and provides that it is a Class 4 felony to openly dump more than two hundred and fifty cubic feet of waste or fifty tires. Presently the penalty is a -- for open dumping is a Class A misdemeanor regardless of the quantity. It increases the felony penalty upon dumping from five thousand to twenty-five thousand. Also, makes technical changes. Reason for the bill is because of all the problems with these tires that we’re seeing, where they have over fifty tires. Many times people don’t know what two hundred and fifty cubic feet are. They will now. It’s fifty tires no matter what the size. If they dump fifty tires, they’re committing the crime. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2001 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 41 voting Yea, 1 voting Nay, none voting Present. House Bill 2001, having received the required constitutional majority, is declared passed. House Bill 2023. Senator Harmon. Out of the record. House Bill 2056. Senator Schmidt. Madam Secretary, read the bill.
House Bill 2056. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schmidt, to explain. 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011
On 3rd -- I can explain it when we get to the -- 3rd Reading. Okay. This allows for the incineration of household - - household pills from residences that are collected by law enforcement.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2056 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 43 voting Yea, none voting Nay, none voting Present. House Bill 2056, having received the required constitutional majority, is declared passed. 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. House Bill 2249. Senator Haine. Out of the record. Turning to the top of page 62 is House Bill 2259. Senator Crotty. Madam Secretary, read the bill.
House Bill 2259. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty, to explain.
Thank you very much. Current statute exempts all information used in an initial application process for general assistance. House Bill 2259 clarifies that this information, all of which is already exempt under current law at the initial 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 application stage, remains exempt during the appeal process.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 2259 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 42 voting Yea, none voting Nay, none voting Present. House Bill 2259, having received the required constitutional majority, is declared passed. House Bill 2313. Senator Sullivan. Out of the record. House Bill 2804. Senator Jones. John Jones. Out of the record. House Bill 2860. Senator Forby. Out of the record. House Bill 2903. Senator Steans. Out of the record. House Bill 2955. Senator Hutchinson. Madam Secretary, read the bill.
House Bill 2955. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to explain.
Thank you, Mr. President and Members of the Senate. House Bill 2955 amends numerous Sections of the Income Tax Code. It is the Department of Revenue’s general cleanup bill. However, there are substantive changes that are made due to changes to the federal Internal Revenue Code. General cleanup. I would ask for all your support.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 shall… Senator Cultra, for what purpose do you seek recognition?
Thank you, Mr. President. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield, Senator Cultra.
Just explain the bill a little more for me, would you, please? What exactly it does.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
As we -- there are multiple changes that they have to do every year just to make sure things match up with the federal code. It’s a general cleanup bill that the Department of Revenue does every so often.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cultra. Out of the record. I mean - sorry - any further discussion? Seeing none, the question is, shall House Bill 2955 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 43 voting Yea, none voting Nay, none voting Present. House Bill 2955, having received the required constitutional majority, is declared passed. 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. Madam Secretary, read the bill. 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011
House Bill 3005. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Out of the record. House Bill 3022. Senator Lightford. Senator Lightford. Out of the record. House Bill 3027. Senator Steans. Out of the record. House Bill 3034. Senator Wilhelmi. Madam Secretary, read the bill. Out of the record. House Bill 3036. Senator Harmon. Senator Harmon. Out of the record. House Bill 3037. Senator Harmon. Out of the record. House Bill 3038. Senator Harmon. Out of the record. Turning to top of page 63, on the Order of House Bill 3rd Readings {sic}, House Bill 3041. Senator Kotowski. Madam Secretary, read the bill.
House Bill 3041. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski, to explain.
Thank you, Mr. President. House Bill 3041 amends the Illinois Notary Public Act that involves specific notarial requirements for residential real property transactions in Cook County. The bill changes the definition of “financial institution” to include a trust company. The effect of this change is that a notary who is a principal employee or agent of a trust company would be required to deliver a notarial record 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 to his employer within fourteen days after the performance of the notarial act.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3041 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 43 voting Yea, none voting Nay, none voting Present. House Bill 3041, having received the required constitutional majority, is declared passed. House Bill 3090. Senator Delgado. With leave of the Body, we’ll return… Senator Delgado wishes to return House Bill 3090 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate {sic} Bill 3090. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Delgado.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado, to explain.
Thank you, Mr. President, Members of the Senate. Actually, this was the assistance of Senator Pankau and the committee. Deletes all and becomes the bill. It retains House Bill 3090 as passed in the House. Places it in the correct statute and makes some minor substantive changes per the recommendation of DPA {sic} (DPH) and IEPA. And this is about displaying a container suitable for use as a receptacle for used, expired, or unwanted pharmaceuticals. And this was an amendment. We would ask for an Aye vote. 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011
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. Madam Secretary, read the bill.
House Bill 3090. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado, to explain.
Yes, thank you, Mr. President. As -- as I already indicated on the amendment, we would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3090 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 43 voting Yea, none voting Nay, none voting Present. House Bill 3090, 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. 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Senator Dillard. Senator Dillard. Out of the record. House Bill 3276. Senator Lauzen. Senator Lauzen. Senator Lauzen. Out of the record. House Bill 3285. Senator Collins. Out of the record. House Bill 3300. Senator Wilhelmi. Out of the record. House Bill 3308. Senator Lauzen. Senator Lauzen. Out of the record. House Bill 3329. Senator Muñoz. Senator Muñoz. Senator Muñoz. Out of the record. House Bill 3346. Senator Millner. Senator Millner. Out of the record. House Bill 3371. Senator Wilhelmi. Out of the record. House Bill 3384. Senator Dillard. Out of the record. House Bill -- I mean, House Bill 3403. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate -- I mean, House Bill 3403 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3403. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment becomes the bill and I’ll be happy to explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Now on the Order of 3rd Reading, Madam Secretary, read the bill.
House Bill 3403. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Wilhelmi, to explain.
Thank you, Mr. President. House Bill 3403, as amended, allows television receivers, video television or video screens visible to the front seat passenger if the equipment is permanently installed in the motor vehicle and the moving entertainment images are not visible to the driver while the motor vehicle is in motion. This bill is a response to the Illinois State Police concerns that under the introduced language from the original bill, a passenger could have a laptop or a portable DVD player in the front seat. We’ve alleviated that concern. 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 3403 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 42 voting Yea, none voting Nay, none voting Present. House Bill 3403, having received the required 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 constitutional majority, is declared passed. Turning to top of page 64, Order of House Bill 3rd Readings {sic}, House Bill 3414. Senator Sullivan. Out of the record. House Bill 3440. Senator Emil Jones. Senator Jones. Senator Jones. Out of the record. House Bill 3450. Senator Muñoz. Out of the record. House Bill 3591. Senator Mulroe. Out of the record. House Bill 3636. Senator Mulroe. Out of the record. Proceeding to top of page 45, Senate Bills 3rd Reading. Senator Raoul, on Senate Bill 1177. Madam Secretary, read the bill.
Senate Bill 1177. (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. As you know, over the course of the last few years, ever since the Senate President established a Redistricting Committee, we have had -- we’ve -- we’ve set a course to this upcoming week, which -- a course that involved having multiple hearings, attempting to reform our redistricting process through a constitutional amendment, passing the Illinois Voting Rights Act and a -- Redistricting Transparency Act, having multiple hearings throughout the State, giving access to public work stations, having hearings after an initial map was made public. Right now, today, we will be -- we have a vehicle bill that we wish to pass out to the House of Representatives in order for us to be prepared to finally have a bill that we can vote on that 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 will encompass the legislative maps. So there’s going to be a series of vehicle bills. The congressional maps and the Board of Review maps will also be included amongst the three -- three bills.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield, Senator Righter.
Senator Raoul, you and I were both at yesterday’s Senate Redistricting hearing in Chicago, and one of the things I recall was people who testified on the map that was -- the total map that was unveiled, which was unveiled a little less than twenty- four hours before that hearing started, were referencing an amendment to Senate Bill 1175. But that’s not the bill that you’re moving. Why is that?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
These are three vehicle bills that we are moving to the House in order to be prepared for a potential final version of a map. We have -- we had a hearing yesterday and we filed a bill in order for the public to have something to look at and something to refer to. Part of giving -- having the hearing is giving the public input, input that we will listen to and consider.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Senator Righter.
Well, you didn’t file a bill. You filed an amendment. And what I’m asking is -- you filed an amendment to a bill that’s on the Calendar on 3rd Reading, but you’re not moving that one. So, not only does {sic} this bill a shell bill - so we’re passing a mapping bill that has no map in it - but you’re not even passing the bill that the -- that the amendment pertained to. And I’m just asking you why the shift, Senator? I understand it’s a shell bill, but why are you moving this particular bill?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
There’s no shift. We’re passing three shell bills out in order for there to be bills that are ready to go to have a final version of the map. There’s no shift. There was no indication that we weren’t going to pass shell bills out.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
To the shell bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) …the bill, Senator Righter.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, there has been a shift, because the public thought that the amendment to Senate Bill 1175 was at least -- at least the first map that was going to be out there. And it is remarkable 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 to hear words about transparency, when you think about the timeline - the public’s timeline that this process has undertaken, not the private timeline - because I have no doubt and none of us should have any doubt that, behind closed doors, this process has been going on for weeks, if not months - drawing of the lines. But the full map appeared on a website less than twenty-four hours after the first hearing took place, an amendment was filed, and now we’re moving a bill that has nothing in it, nothing, which is great transparency. The reason you move trailer -- shell bills through the process like this, Ladies and Gentlemen - and everyone who’s been here more than two months knows this - the reason you move bills through the process like this is to get ‘em positioned. And then you waive the posting notice so that when the amendment’s ready to drop, you can move this thing through here just like that, before anyone’s got a chance to catch their breath and look at the lines and figure out what’s going on. You know, if it’s going to be done this way, Mr. President, that’s fine, but I would beg of you and your Members not to continue to look the public straight in the face and say, “We’re being open. We’re being transparent. We’re going to make sure you guys know exactly what’s going on when we do it” - not when we’re going to move the process this fast. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to close.
Thank you, Mr. President. I urge a Aye vote to -- to -- on -- on this bill. This is a bill to simply put us in a -- it’s a -- in a -- a procedural position. We will be having hearings on 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 -- on both the proposed map that has been put out to the public, and if there are any changes, on the final version. And there’ll be full public hearings like we always have. And this is, again, the most transparent legislative process that has ever taken place in the State of Illinois. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 1177 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 30 voting Yea, 14 voting Nay, none voting Present. House Bill -- I mean - sorry - Senate Bill 1177, having received the required constitutional majority, is declared passed. Senator Raoul, on Senate Bill 1178. Madam Secretary, read the bill.
Senate Bill 1178. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain.
As indicated in my explanation of the last bill, we’re moving three shell bills. This is the second of -- of the three.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR CLAYBORNE) 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 Sponsor indicates he’ll yield for you, Senator Righter.
Thank you. Senator, what map will go on this bill?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
I’m not certain.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
Do you have a commitment from who the House sponsor will be or the Democrat Leaders in the House that if this bill contains a map that they’ll abide by the six-day posting notice that their rules require? Do you have that commitment?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
I have spoken to nobody in the House about this particular bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
Are you aware of any commitment that’s been made to anyone involved in directing this process that the six-day posting notice on this bill will -- will be abided by once it’s in the House?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 I’ve had no conversations about a six-day posting notice with anybody in the General Assembly, the State of Illinois, the world.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
Thank you. Let me try that again, Senator. I’m asking you if you are aware of a commitment - I didn’t ask you about your conversations - if you’re aware of a commitment that’s been made to abide by the House’s own six-day posting notice if this bill actually comes -- is loaded up with a map.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
Being that I’ve had no conversations about it, I have no way of being aware about -- of it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) …the bill, Senator Righter.
Well, you know, we -- just a moment ago, we passed a bill that had nothing in it, which I think sometimes bills are -- stand on their own in terms of substantive language and they tell us what they’re about and then sometimes bills are symbols of a process or something else. And I would suggest to that -- that that bill and this one are symbols of a process that is 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 lacking in many things, and transparency the most notably above those, as was the answers that I just got from the sponsor, who wouldn’t tell me whether or not he’s aware of a commitment out there that the House Democrat Leaders would abide by a six-day posting notice. And that’s because, Mr. President, there isn’t one. Because when it gets over there, the posting notice is going to be waived, because if they don’t waive the posting notice -- if the Democrat Leaders don’t waive the posting notice, you know what’s going to happen? Their map is going to get looked at for six days. And that’s a problem - the way this process is being run. I would urge a No vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Senator Raoul, to close.
I urge an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 1178 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 31 voting Yea, 14 voting Nay, none voting Present. Senate Bill 1178, having received the required constitutional majority, is declared passed. Senator Raoul -- I’m sorry. Jeff Armstrong with WICS Channel 20 seeks leave to shoot video. Seeing no objection, leave is granted. Senator Raoul, to proceed on Senate Bill 1179. Madam Secretary, read the bill.
Senate Bill 1179. 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 (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. As mentioned in the last two bills, this is the third of three shell bills that we’re sending over to the House for the redistricting process. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill, Senator Righter.
Thank you, Mr. President. We’ve been told by the sponsor that this is the third of three shell bills, none of which are Senate Bill 1175, which, of course, is what the people at the hearing yesterday thought that the map and the amendment to the map would actually be. It makes this a shell game, which these shell bills that’s perfectly appropriate for that. Yesterday at the hearing, for those of you who weren’t there or hadn’t heard anything, a number of groups, including the Campaign for Political Reform and CHANGE Illinois!, ridiculed this process, and for good reason. I urge a No vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Senator McCann. 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 SENATOR McCANN: Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield, Senator McCann. SENATOR McCANN: Senator Raoul, you -- you say that this is the most transparent process in regards to redistricting that the people of the State of Illinois have ever seen. Is that correct?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
Can -- can you repeat that? I didn’t -- I didn’t hear you clearly.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCann. SENATOR McCANN: You said earlier that this process is the most transparent redistricting process that the people of the State of Illinois have ever had the good fortune of seeing. Is that correct?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
Yeah. I think, more or less, those were my words. I don’t think I talked about good fortune, but, you know, I talked about the most transparent redistricting process.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCann. SENATOR McCANN: …bill. 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011
PRESIDING OFFICER: (SENATOR CLAYBORNE) …bill, Senator McCann. SENATOR McCANN: This being the most transparent process that the people of the State of Illinois have ever enjoyed seeing, it’s no wonder that we are in the state of affairs that we find our self in. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cullerton, for what purpose do you seek recognition?
Yes, to the bill. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill, Mr. President.
Maybe I can help clear up some confusion, if there is any. The amendment that was filed on Senate Bill 1175 was our suggestion for what the redistricting map should look like. We promised that there would be at least a week for the public to look at it after we filed it. And by the way, we filed it in such a way so that it would make it easy for the public to go online, look at a Google map to see where people’s districts were. We had over ten thousand hits on our website, for people who wanted to look at it. I’m very proud of that and our staff that put that together. We are open for any amendments to that map that was suggested. We filed the LRB version of the map as well. And what Senator Raoul has indicated is that that hasn’t changed. That’s our suggestion. If anybody has any amendments, they can offer ‘em. Procedurally, if we pass Senate bills over 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 to the House, they have to be read three times. So we’re putting them in a position so that we can vote on this next week after we’ve had input. I would, once again, encourage your staff, which has the same appropriation of money for redistricting as we do, to look through the map and make any suggestions that you might want to make. You have had the same amount of money that we’ve had. I’m very open to seeing what your map is as well. I assume we will see one. I hope you would want to give the public as much time as we are giving the public to look at it, but we’re open for it. And as far as transparency, yes, this is my fourth one - my fourth redistricting. So I can tell you that this is much different than the other three, when the majority -- quite frankly, many times we didn’t even have a map to be voted on, because there wasn’t an agreement among the parties. So we had twenty-three hearings throughout the State between the House and the Senate. We took input. If you look at the map closely, you’ll see that it reflects the testimony that came to those hearings. We are making it public with enough time for people to come and testify, as they did yesterday, as they are today in Chicago. We’re going to have hearings on Tuesday. And once again, I urge an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to close.
Thank you, Mr. President. At our last hearing, one of the last speakers, the gentleman’s name was Kyle Hillman, from the Rogers Park neighborhood, and he stepped up to the mike and he said, “You know, I’m a little disappointed, because I planned 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 to come here and complain, but you took in our recommendation when I testified in this hearing before.” And this is what this is about. It’s about listening to the people of the State of Illinois, allowing them to have input. We will have hearings on the proposed and allow people to have input. We have a joint hearing scheduled for Tuesday. And we’ve responded to some of that input. So I urge everybody to vote Aye on this bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 1179 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 31 voting Yea, 14 voting Nay, none voting Present. Senate Bill 1179, having received the required constitutional majority, is declared passed. The Senate will stand in recess to the call of the Chair. After committee meetings, the Senate will reconvene to receive committee reports. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HARMON) Senate will come to order. Madam Secretary, Committee Reports.
Senator Wilhelmi, Chairperson of the Committee on Judiciary, reports Senate Amendment 2 to Senate Bill 544, Senate Amendment 1 to House Bill 1233, Senate Amendment 1 to House Bill 1317, Senate Amendment 3 to House Bill 1699, Senate Amendment 2 to House Bill 1909, Senate Amendment 2 to House Bill 1985, all 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/22/2011 recommended Do Adopt. Senator Hunter, Chairperson of the Committee on Human Services, reports Senate Amendment 2 to House Bill 653 recommended Do Adopt. Senator Koehler, Vice-Chairperson of the Committee on Energy, reports Senate Amendments 1 and 3 to House Bill 1297 and Senate Amendment 1 to House Bill 3037 recommended Do Adopt. Senator Koehler, Chairperson of the Committee on Local Government, reports Senate Amendment 1 to House Bill 242, Senate Amendment 1 to House Bill 1056, Senate Amendments 2 and 3 to House Bill 1576 and Senate Amendment 2 to House Bill -- Senate Amendment 2 to House Bill 2974, all recommended Do Adopt. Senator Steans, Vice-Chairperson of the Committee on Environment, reports Senate Amendment 2 to House Bill 806 and Senate Amendment 1 to House Bill -- 2903 recommended Do Adopt. Senator Raoul, Vice-Chairperson of the Committee on Criminal Law, reports Senate Amendment 2 to House Bill 277, Senate Amendment 2 to House Bill 1689, Senate Amendment 1 to House Bill 1929, Senate Amendment 1 to House Bill 3005, Senate Amendment 1 to House Bill 3300 recommended Do -- Do Adopt -- recommended Do Adopt.
PRESIDING OFFICER: (SENATOR HARMON) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10:30 a.m. on the 23rd day of May, 2011. The Senate stands adjourned. 50