PRESIDING OFFICER: (SENATOR TROTTER) The regular Session of the 97th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by Pastor James Hennig, of Concordia Lutheran Church, Springfield, Illinois. Pastor.
(Prayer by Pastor James Hennig)
PRESIDING OFFICER: (SENATOR TROTTER) Please remain standing for the Pledge of Allegiance. Senator Mike Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR TROTTER) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Sunday, May 22nd, 2011.
PRESIDING OFFICER: (SENATOR TROTTER) 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 TROTTER) There are no objections. Senator -- Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objections, so ordered. With leave of the Body, Diane Lee from the Illinois Statehouse News asks -- requests permission to film our 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 proceedings. Seeing no objections, leave is granted. 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 26. It’s offered by Senator Crotty. It was adopted by the House, April 27, 2011. Mark Mahoney, Clerk of the House. It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR TROTTER) Okay, will all Members at the sound of my voice please report to the Senate Floor? We’re getting ready to start 2nd Readings. Will all Members at the sound of my voice please come to the Senate Floor? We’re getting ready to begin 2nd Readings. On page 63 of the Calendar is the Order of House Bills 2nd Reading. Middle of the page, beginning with House Bill 186. Senator Radogno. Senator Radogno. Senator Radogno. Out of the record. House Bill 230. Senator Koehler. Senator Koehler. Senator Koehler. Senator Koehler. Out of the record. House Bill 242. Senator Koehler. Senator Koehler. Out of the record. House Bill 295. Senator Maloney. Madam Secretary, read the bill.
House Bill 295. (Secretary reads title of bill) 3rd -- sorry, 2nd Reading of the bill. No committee or Floor 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. 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 Noland. Out of the record. House Bill 1241. Senator Martinez. Leader Martinez. Out of the record. House Bill 1253. Senator Martinez. Out of the record. House Bill 1293. Senator Schoenberg. Leader Schoenberg. Out of the record. House Bill 1444. Senator Wilhelmi. Senator Wilhelmi. Out of the record. House Bill 1490. Senator Martinez. Out of the record. House Bill 1530. Senator Delgado. Out of the record. House Bill 1576. Senator Koehler. Out of the record. Senator Schoenberg, for what purpose do you rise?
Thank you, Mr. President. I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR TROTTER) State your point.
Mr. President and Ladies and Gentlemen of the Senate, once again, today is Evanston Day. I am proud to introduce to you Julia Danson, who is my Page for the Day. Julia is a seventh grader at the Haven Middle School, just down the street from where I live in Evanston. She is an honor student whose interests include soccer, where she plays goal for Team Evanston. She plays the saxophone in the band and she’s a killer snowboarder as well. We’re joined with -- her father, 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Forrest, is in the gallery directly behind me on the Democratic side of the aisle. And could we all please give them a warm Senate greeting? Thank you very much.
PRESIDING OFFICER: (SENATOR TROTTER) Let’s welcome these great Evanstonians to the Illinois Senate. Continuing on page 64 of the Calendar, 2nd Reading, 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. Madam Secretary, read the bill.
House Bill 3417. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. Senator Murphy, for what purpose do you rise?
Purposes of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR TROTTER) State your announcement.
The Republicans request a forty-five-minute caucus.
PRESIDING OFFICER: (SENATOR TROTTER) Leader Murphy, can we get back to you in a minute? The Senate will stand at ease in order for us to prepare some paperwork. (at ease) Senate Republicans have moved to recess the Senate for purposes of a forty-five-minute caucus. Seeing 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 no objection, the motion to recess is granted. The Senate now stands in recess until 12:10 p.m. -- to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR TROTTER) The Senate will come to order. Will all Members at the sound of my voice please return to the Senate Floor? We’ll be returning to 2nd Readings. Will all Members at the sound of my voice please return to the Senate Floor? We’ll be resuming the calling of 2nd Readings. We’ll be beginning in the middle of the page, of page 64, starting with 1929. Would all Members return to the Senate Floor? On page 64 on the Calendar is the Order of House Bills 2nd Reading. House Bill 1929. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return… Madam Secretary, are there any Floor amendments approved for consideration? Please read the bill, Madam Secretary.
House Bill 1929. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR TROTTER) Are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Senate. Floor Amendment No. 1 to House Bill 1929 adds a definition of “indigent” to the Unified Code of Corrections. I’ll be happy to discuss it further on 3rd Reading.
PRESIDING OFFICER: (SENATOR TROTTER) Thank you. Is there any discussion? All of those in favor will say Aye. All opposed, Nay. In the opinion of the Chair, 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 TROTTER) 3rd Reading. Will all Members at the sound of my voice -- and all legislative assistants, if you know where your Members are, please have them come to the Senate Floor. We’ll be going to the Order of 3rd Readings. We’ll be going to the Order of 3rd Readings. Will you please come to the Senate Floor? With leave of the Body, Diane Lee from the Illinois Statehouse News requests permission to film our proceedings. Seeing no objection, leave is granted. On page 58 of the Calendar is the Order of House Bills 3rd Reading. This is final action. On 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. Senator Hutchinson. Out of the record. House Bill 180. Senator Wilhelmi. On House Bill 180, Senator seeks leave of the Body to return House Bill 180 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 180. Madam Secretary, are there any Floor amendments approved for consideration?
6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Floor Amendment 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi, to explain.
Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 changes the distance an individual can protest or demonstrate outside of a funeral to three hundred feet. Be happy to discuss the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? All those in favor will say Aye. All opposed, Nay. The voting is open. The Ayes have it -- in the opinion of the Chair, the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. Now on the Order of 3rd Reading is House Bill 180. Senator Wilhelmi, do you wish to proceed? Madam Secretary, read the bill.
House Bill 180. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi.
Thank you, Ladies and Gentlemen of the Senate. House Bill 180, as amended, as I said on -- with regard to the amendment, 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 reduces the geographic scope for when you can protest at funerals from one thousand feet to three hundred. That’s what the amendment did. But the underlying bill would increase the distance from two hundred feet to three hundred. So what we’re saying here is if you are protesting outside of a funeral home or near a cemetery, you have to be three hundred feet away from the doors of the cemetery or the doors of the church or synagogue. This bill arose from some hate groups that came into Illinois back in 2005. We passed a law in 2006 that created this privacy zone - two hundred feet, a half hour before and a half hour after. Representative Hatcher filed a bill that would expand that zone to a thousand feet and an hour. We think it’s appropriate to expand that zone, but only gradually. So we’re going from two hundred feet to three hundred feet. I think this is a good compromise. We got to make sure that we keep people away, especially from our military funerals, with protesting and with disruptive behavior. It is content neutral. It’s a reasonable time, place and manner regulation of speech. It will pass constitutional muster and I ask for your support.
PRESIDING OFFICER: (SENATOR TROTTER) Thank you. Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield briefly, please?
PRESIDING OFFICER: (SENATOR TROTTER) States that he will.
Thank you, Mr. President. Senator Wilhelmi, I, and I suspect a number of other Members here in the General Assembly, 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 have been -- actually been at one of these funerals where you’ve had these hate groups show up and -- and protest. And, I mean, that’s -- that’s a remarkable scenario in and of itself, but the law, as it stands now, strikes at least somewhat of a delicate balance between the rights of the groups that are protesting and the rights of the families and those who are there to pay their respects to the families and the deceased. My question is this, is do we have confidence that moving that barrier out another hundred feet is not over that line that the court will say, “uh- -uh, that’s too far removed and it’s violative of First Amendment rights”, and then we lose the whole thing?
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi.
Senator Righter, that’s exactly why the amendment reduced that geographic scope from one thousand feet, as introduced, to three hundred feet and also maintain the one-half-hour provision from the original bill that was passed in 2006. I’m very -- very sensitive to your exact question. We do not want to enlarge the scope or expand the scope in any way that would bring scrutiny and strike down our original bill, which I was the sponsor of in 2006. That’s why I picked this bill up from the House. I think that we are very sensitive to that balance. I think the three hundred feet will maintain the constitutionality of our original law and also expand the zone slightly so that families who are grieving will be less disrupted and will have the ability to mourn the loss of their loved ones without this bill failing in court. And I will remind the Body that this original law and this -- this bill, as 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 presented today, is content-neutral. So it doesn’t matter what you’re saying. It doesn’t matter what your placards say. The bottom line is, if there’s disruptive behavior a half hour before or after within, now, this three-hundred-foot zone of privacy, you will be arrested on a misdemeanor and a second offense is a felony. I think this does strike the balance, Senator Righter.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR TROTTER) To the bill.
Thank you. I simply join the sponsor and urge an Aye vote on this measure. Anything that we can do to expand that scope of protection for the individuals who are there for all the right reasons, we should certainly do so. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Haine.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR TROTTER) To the bill, Senator.
Ladies and Gentlemen, I agree with Senator Righter and the sponsor, Senator Wilhelmi. This is a balance and this bill -- we -- this bill came through our committee, the Judiciary 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Committee, in 2006 and the sponsor worked with everyone to craft a balance. These disreputable people that go to these funerals do this only for one purpose and that’s to make money off of the lawsuits that result when there’s a blanket prohibition against their disgusting and offensive conduct. They’re in it only to make money, which is the lowest form of humanity, to inflict pain and injury to make money. What this bill artfully does now is to craft a zone. It’s about a block, really. It protects the families, the grieving families, of our heroic dead. It -- it is certainly within the interest of the State to establish peace and order at a funeral site and it’s content-neutral, as Senator Wilhelmi pointed out. I’m very proud of him and the way he’s maneuvered this through this Body in 2006 and now and the House sponsors and I -- I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Jacobs, for what purpose do you rise?
I just rise in strong support of the Senator’s bill. I think that the courts should be listening to what we’re saying, and if we don’t get a good resolution with this and keep these people away, then maybe we ought to look at getting rid of the courts.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi, to close.
Thank -- thank you, Mr. President. I do appreciate the -- the comments and questions from my colleagues. I think this is truly a balance that will pass constitutional muster. The key component to this bill and to the underlying law is that it is 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 content-neutral. It is content-neutral. It is a reasonable time, place and manner regulation of speech. We have been sensitive to that since 2006. We will continue to be sensitive to that. And at -- at the end of the day, we do not want to allow our loved ones to be interrupted, to be disrupted, especially our loved ones who are burying men and women who have fought for this country, for our freedom, for our democracy, who come home and who are laid to rest in our cemeteries in this great State. We need to stand up for them, for our families who are grieving, and we have to craft this in a very fair and balanced way. We believe we have accomplished that and I ask for your support.
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 180 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 -- take the record. On the question, there are 58 voting Yea, no voting Nay, no Presents, 1 not voting. Having received -- House Bill 180, having received the required constitutional majority, is declared passed. On House Bill 190, Senator Righter. Senator Righter wishes to proceed. Madam Secretary, please read the bill.
House Bill 190. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Righter, to the bill.
12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 190 alters the law with regards to charter schools in the City of Chicago. Before I present the substance of the bill, I want to thank Senators Meeks, Lightford and Martinez for their help in helping me navigate the complicated issues you run into when you’re talking about charter schools in the City of Chicago. The bill simply would require that at least five of the current seventy charter schools that are allocated for the City of Chicago be set aside for students who either have dropped out or at risk of dropping out or are currently in underperforming schools. That’s defined as the bottom ten percent of performing schools in the City. Be happy to answer any questions, Mr. President.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Senator Lightford.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR TROTTER) To the bill, Senator.
I rise in support of this legislation. We had a Charter School Act just a couple years ago that identified five of the charters for high school dropouts. I support Senator Righter’s initiative to make sure that five of them are specifically to address the lowest-performing schools in the charter school population. And I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Meeks, purpose you rise?
13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR TROTTER) To the bill.
I strongly urge support of this fine legislation. I want to commend the sponsor for coming up with this idea. I think that anything that we can do to help struggling students, we have to do it. And I urge strong support of this legislation.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Righter, to close.
Simply urge an Aye vote. Thank you, Mr. President. Thank you to my cosponsors for those comments.
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 190 pass. All those in favor will vote Aye. All 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 the question, there are 57 Yeas, no Nays, none voting Present, 2 not voting. House Bill 190, having received the required constitutional majority, is declared passed. Continuing on page 58. House Bill 212. Senator Hutchinson. Out of the record. House Bill 219. Senator Cullerton. Out of the record. House Bill 220. Senator Dillard. Madam Secretary, read the bill.
House Bill 220. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Senator Dillard, explain the bill.
Thank you, Mr. President and Members. This is an identical bill to one we passed out last week, dealing with sex offenders who are health care workers. It says, again, that if you are a health care worker and you are a sex offender, you will not be licensed in the State of Illinois. We’ve seen it before and I’d urge a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, the question is, shall House Bill 220 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 voting Aye. House Bill 220, having received the required constitutional majority, is declared passed. Continuing on page 58. House Bill 224. Senator Steans. Out of the record. House Bill 263. Senator Millner. Out of the record. House Bill 277. Senator Mulroe. Senator Mulroe. Madam Secretary -- Senator Mulroe seeks leave of the Body to return House Bill 277 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 277. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Mulroe.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Mulroe, to explain the bill.
Thank you, Mr. Chairman {sic}, Members of the Senate. 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 This, the Floor amendment, actually guts the -- or becomes the bill. I’d be happy to explain it on 3rd. I’d ask that it be approved.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. Now on the Order of 3rd Reading is House Bill 277. Madam Secretary, read the bill.
House Bill 277. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Mulroe.
Thank you, again, Mr. -- Mr. President. This bill makes stalking -- or elevates the crime of stalking to aggravated stalking when an individual who is a registered sex offender commits the offense of stalking against a victim who is either the victim of the offense for which the sex offender was required to register or is a family member of that victim. I know of no opposition. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, the question is, 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 shall House Bill 277 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 the question, there are 57 Yeas, no Nays, and none voting Present. On the question, there are -- House Bill 277, having received the required constitutional majority, is declared passed. Continuing, we have House Bill 299. Senator Lightford. 298, excuse me. Senator Lightford. Madam Secretary, read the bill.
House Bill 298. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Lightford, to discuss the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 298 amends the sealing law to give courts the discretion to seal records of arrests for offenses that result in either a dismissal or an acquittal of a charge or reversal or vacation of that conviction. It -- currently, our laws -- sealed records may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification of licensure or registration unless authorized by law. Sealing is not automatic in the State of Illinois. This bill would not move that effort. It allows the courts the discretion to consider the sealing of non- convictions. This is a measure that I amended and worked on with Members on both sides of the aisle and I appreciate their 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 help. It also neutralize all of our State law enforcement. And I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, the question is, shall House Bill 298 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 the question, have all -- on the question, there are 56 Yeas, no Nays, no voting Present. Having this -- House Bill 298, having received the required constitutional majority, is declared passed. House Bill 363. President Pro Tem Harmon. Out of the record. House Bill 466. Senator Kotowski. Out of the record. House Bill 653. Senator Althoff. Senator Althoff. Out of the record. House Bill 806. Senator Rezin. Senator Rezin. Out of the record. House Bill 1056. Senator Sandack. Out of the record. House Bill 1149. Senator Wilhelmi. Madam Secretary, read the bill.
House Bill 1149. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi, to explain the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1149 amends the Vital Records Act to provide that an IH-3 or an IR-3 visa will be acceptable by the Illinois Department of Vital Records as part of the documentation required to be submitted in order to obtain an administrative 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 record of foreign birth for a foreign-born child adopted by parents who are residents of Illinois. The bill also changes references from Immigration and Naturalization Service to Citizenship and Immigration Services and includes reference to the IH-3 visa in the Illinois Adoption Registry and Medical Information Exchange provisions of the Illinois Adoption Act. This is a constituent request that arises out of an incident in which a record of foreign birth could not be granted and was denied because the law does not currently recognize the IH-3 visa, which was created in 2008 after the U.S. ratified participation in the Hague Convention on Intercountry Adoptions. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, Senator Wilhelmi -- excuse me, Senator Lauzen, for what purpose do you rise?
Very sorry, Mr. President, for the slow… A piece of our analysis reads, let’s see, from the United States Citizenship and Immigration -- let’s see, from the United States Citizenship and Immigration, children with IR-3 and IH-3 visas automatically acquire citizenship if: they - three things - they enter the United States prior to eighteenth birthday; they are under eighteen years old they are automatically U.S. citizens upon admission to the United States; or they reside in the United States with their parents - either U.S. government or military personnel assigned overseas may qualify as residing in the United States. Can you -- can you describe if this in any way - - I mean, that seems to imply that it affects a person’s citizenship, having been born in another country. Can you kind 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 of describe the impact that your law would have on citizenship?
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi.
Thank you, Mr. President. This bill will facilitate Illinois parents who are adopting children from other countries. In order to bring that child over and welcome that child into their family, those families have to present certain things, certain documentation, to get a record of foreign birth and to have that recognized by the State Registrar of Vital Records. And those things include a certified copy of the original birth certificate; certified -- a certified copy of the adoption decree; a copy of the IR-3 visa - is what the current law says, doesn’t mention anything about the IH-3 visa; and the name and address of the adoption agency that was used in -- in the adoption procedure. So that’s what this bill addresses, is for those children that our Illinois families and parents want to bring over from foreign countries, make sure that they’re recognized by the State Registrar of Vital Records, and that a record of birth -- excuse me, a record of foreign birth is issued. That’s what this bill addresses. To your question, I - - I’m not sure I fully understood it, but I’d be happy to take another run at it.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Lauzen.
No. Thank you very much for your indulgence, Senator. Actually, from your description - it was very helpful - I understand that this is some of the paperwork that’s necessary 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 for a type of legal immigration, so -- and adoption. So thank you so much.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi, to close.
I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 1149 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 -- Yeas, no Nays, no Presents. House Bill 1149, having received the required constitutional majority, is declared passed. House Bill 1151. Senator Haine. Out of the record. House Bill 1197. Senator Lightford. Out of the record. House Bill 1233. Senator E. Jones. Out of the record. House Bill 1297. Leader Clayborne. Senator Clayborne seeks leave of the Body to return House Bill 1297 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1297. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Clayborne, to explain the amendment.
Thank you. This -- the amendment just streamlines the process for getting air and water permits.
PRESIDING OFFICER: (SENATOR TROTTER) 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. It’s the opinion of the Chair, the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Clayborne, to explain the amendment.
Again, it just streamlines the process and adds certain fees.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? All those in favor will say Aye. All opposed, Nay. In the opinion of the Chair, 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 TROTTER) 3rd Reading. Now on the Order of 3rd Reading, House Bill 1297. Madam Secretary, read the bill.
House Bill 1297. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Clayborne, to explain the bill.
Thank you, Mr. President, Members of the Senate. This bill 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 is supported by the business community as a job creation measure. It streamline -- it streamlines the process of getting air permits out of the IEPA, a business community priority for many years. The bill cuts red tape, provides more certainty in the permitting process, lowers costs associated with getting air permits for many employers. One key streamlining provision will be a cost savings to thousands of smaller businesses by moving from a full air permit to a much simpler registration process. This bill also includes important provisions that will restore some GRF funding to the Agency without eroding the tax base. A small portion of the sales tax revenue from pollution control materials, a growing revenue source due to new government relations, is put into a non-sweepable fund at the Bureau of Air. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR TROTTER) He states that he will yield.
How come it’s taken so long to get here?
PRESIDING OFFICER: (SENATOR TROTTER) Senator Clayborne.
It -- it took compromise between the business community, as well as IEPA making adjustments to their process.
PRESIDING OFFICER: (SENATOR TROTTER) 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Senator Pankau.
I am very enthusiastically supportive of your bill, Senator, but it seems to me this is long overdue. Other states, particularly our neighbors, have done things like this long before us. And I guess I have to ask myself, how come it took us so long? I absolutely will be supporting your bill. I urge everybody else to also. But it seems like maybe if we can do this here, we can do other things in other areas also to start bringing us about to a State where business wants to be here and wants to stay in this State. Thank you.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Lauzen.
Thank you, Mr. President. Senator Clayborne, thank you very much for your work on this bill. Certainly, we all appreciate it. You know, the streamlining is good. The no fund sweep is good. The fee increase is what’s, you know, problematic. Why can’t we go through and get the, you know, the good parts of the bill without having the fee increase? Why wouldn’t it be in the nature of State government and a very competent IEPA that’s been very ably led for the last several years -- why don’t we innovate and streamline in the normal course of running the government without having to charge more for getting the process done on time?
PRESIDING OFFICER: (SENATOR TROTTER) Leader Clayborne.
Thanks for the comment and I believe part -- there are -- 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 there are two reasons for that. One is, we are asking for an expedited process, so resources may need to go into an agency that’s not being funded at the level they probably should be. And, two, the businesses find this streamlining process more efficient and cheaper, so they are willing to pay for certainty.
PRESIDING OFFICER: (SENATOR TROTTER) Senator John Jones.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR TROTTER) To the bill.
I rise in support of the bill. I -- I tell you what, this is a good business bill. It’ll help businesses all over this State. I would just caution some of the Members. I mean, if you’re concerned about fees, there are some fees in here, but I think the -- it outweighs it that we’re going to help a lot of small businesses throughout the State of Illinois in -- in the process. So I rise in support of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Leader Garrett, what purpose do you rise?
Yes, thank you very much, Mr. President. Will the speaker yield? I mean the…
PRESIDING OFFICER: (SENATOR TROTTER) Speaker -- speaker states that he will.
I want to thank you for doing this. The Commerce Committee held a hearing a couple months ago and one of the things that we 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 learned was that there seems to be such a long time period for businesses to get their permits, and the IEPA was singled out. So when you talk about the streamlining, just can you define that a little bit and how that’s going to work and what time frame you’re talking about? What type of -- what time will be reduced?
PRESIDING OFFICER: (SENATOR TROTTER) Leader Clayborne.
I believe it’s -- it’s to narrow it down to being able to get your permit within two years. Currently, you can go as long as four years and still there’s no certainty in terms of when you’ll be either awarded or rejected for your permit.
PRESIDING OFFICER: (SENATOR TROTTER) Leader Garrett.
So what we heard from businesses is that, obviously, it takes a long time. We also heard that in other states, the process, it -- it’s not twenty-four hours, but even two years seems like a long period of time. So, if we’re going from four years, which seems really over the top, to two years, it seems like it’s an improvement, but are we still putting ourselves outside of what other states do to approve these types of permits?
PRESIDING OFFICER: (SENATOR TROTTER) Leader Clayborne.
I’m not sure about -- exactly what all the other states do, but we are giving them access to being able to fill out the 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 permits and start the process online to -- hopefully to expedite it as well.
PRESIDING OFFICER: (SENATOR TROTTER) Leader Garrett.
Yeah, to the bill: I, along with some of the other -- my colleagues, agree that this is a good bill to vote for, but I would also encourage you to consider adding an amendment in the House - and I’m assuming it goes to the House from here, but I’m not quite sure, ‘cause it came up so quickly. If we’re only talking about -- if we’re talking about a two-year permit process, that, to me, sounds like a long time and I’m not sure that the increase of the fees are -- would warrant that type of a turnaround time. So if that could be looked at a little bit more, I know that the business community would much -- be much appreciative. Thank you.
PRESIDING OFFICER: (SENATOR TROTTER) Leader Clayborne, to close.
Thank you. I appreciate all the comments and this is a bill that has no opposition and the initiative of the Illinois Chamber and they’re in support of it and I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 1297 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? Have all voted who wish? Take the record. On the question, there are 53 voting Aye, 5 voting Nay, none Present. 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 On the question, having -- of -- House Bill 1297, having received the required constitutional majority, it is declared passed. Continuing on page 59. House Bill 1317. Senator Noland. Senator Noland seeks leave of the Body to return House Bill 1317 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1317. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Noland.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Noland, to explain the amendment.
Thank you. If I may, just explain the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. On the Order of 3rd Reading, House Bill 1317. Madam Secretary, read the bill.
House Bill 1317. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) …Noland, to explain the bill. 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011
Thank you, Mr. President. House Bill 1317 provides that a prospective juror cannot be called again for jury service after it has been previously shown that the prospective juror is unqualified for jury duty due to a total and permanent disability which prevents him or her from performing the duties of a juror. The bill mandates that the county board jury administrator or jury commissioners, including the jury commission, must create and maintain a list of people who are to be permanently excluded from the jury list due to their disability. This bill arises from constituents who’ve been repeatedly called to service after it has already been established that he or she cannot serve due to a disability. Know of no opposition. Ask for Aye votes.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR TROTTER) States that he will.
Thank you, Mr. President. Senator Noland, I -- I’m in support of the -- of what you have in the bill; the question is this - and actually this is not my question; it was a question that was prompted by a call from an advocate for people with disabilities - and that is whether or not the list that you’re requiring the counties to maintain of these permanently excused individuals will be public information for purposes of the Freedom of Information Act? In other words, are the names of 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 the individuals who are disabled to the extent that they cannot serve as -- as jurors going to be available to the public?
PRESIDING OFFICER: (SENATOR TROTTER) Senator Noland.
Yes. My assumption is, is that because they are being held by the county clerk or being held by these various entities, public entities, that they would be subject to the Freedom of Information Act.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any further discussion? Seeing none, Senator Noland, to close.
I just ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 1317 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 1317, having received the required constitutional majority, is declared passed. On page 59, House Bill 1368. Senator Jacobs. Senator Jacobs. House Bill 1368. Out of the record. On House Bill 1398, Senator LaHood. Out of the record. House Bill 1426. Senator Kotowski. Madam Secretary, read the bill.
House Bill 1426. (Secretary reads title of bill) 3rd Reading of the bill. 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011
PRESIDING OFFICER: (SENATOR TROTTER) Senator Kotowski, to explain the bill.
Thank you very much, Mr. President. House Bill 1426 is an initiative of the Health Care Council of Illinois. It addresses the full implementation of the Older (Adult) Services Act. It is -- more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, on -- the question is, shall House Bill 1426 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 1426, having received the required constitutional majority, is declared passed. House Bill 1600. Out of the record. House Bill 1663. Leader {sic} Dillard. Out of the record. House Bill 1689. Senator Hutchinson. Senator Hutchinson seeks leave of the Body to return House Bill 1689 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1689. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Hutchinson, explain the amendment.
Senate Amendment No. 2 is a gut and replace. I’d be happy to explain it on 3rd. 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. On the Order of 3rd Reading is House Bill 1689. Madam Secretary, read the bill.
House Bill 1689. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Hutchinson, explain the bill.
Thank you, Mr. President and Members of the Senate. House Bill 1689 would enhance -- or raises some of the penalties for the offense of financial exploitation of an elderly person or a person with a disability. This would make the offense a Class 2 felony if the value of the property is between five thousand and fifty thousand and a Class 1 felony if the value of the property is at fifty thousand or more. The amendment also added an element of criminal financial restitution, which is something new in the law. It will be able to follow somebody in case there’s -- there’s no way they can make restitution for what they stole.
PRESIDING OFFICER: (SENATOR TROTTER) 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Okay. Is there any discussion? Seeing none, Senator Hutchinson, to close.
I’m -- I am really proud of this bill. I did not know that we had a personal experience in my family. But when you are close to someone who has been taken advantage of in their most vulnerable time, we need to do everything we possibly can to create deterrents that are necessary so that people, whether they’re caregivers that are trusted or not cannot do this to people who cannot defend themselves. And I would ask for all your support. Thank you.
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 1689 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, no Presents. House Bill 1689, having received the required constitutional majority, is declared passed. Going to page 60, we have House Bill 1699. Senator Wilhelmi seeks leave of the Body to return House Bill 1699 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1699. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR TROTTER) Senator -- Senator Wilhelmi, to explain the amendment.
Thank you, Mr. President and Ladies and Gentlemen of the 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Senate. Floor Amendment No. 3 retains the language from the original bill and also makes other amendments to the Illinois Adoption Act. I’ll be happy to discuss it further on 3rd Reading.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? All those in favor will say Aye. All opposed, Nay. The Ayes have it, and amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1699. Madam Secretary, read the bill.
House Bill 1699. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi, explain the bill.
Thank you, Mr. President. House Bill 1699, as amended, would amend the Illinois Adoption Act by providing for a method via a new form by which possible or legal fathers can waive their parental rights of a born or unborn child to complete an adoption. The form allows a waiver of rights without the putative father having to acknowledge paternity. So this new form would allow a putative father who might be unsure whether he is the biological father to waive his rights without 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 admitting or denying paternity. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, Senator Wilhelmi, to close.
I ask for your support.
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 1699 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, no Nays, no Presents. House Bill 1699, having received the constitutional majority, is declared passed. House Bill 1702. Senator Luechtefeld. Madam Secretary, read the bill.
House Bill 1702. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Luechtefeld, to explain the bill.
Thank you, Mr. President, Members of the Senate. House Bill 1702 amends the Illinois Vehicle Code. It adds licensed physician assistants and licensed advanced practice nurses to the list of persons qualified to draw blood for alcohol and drug testing. I’m not real sure why they couldn’t do this before, but -- but they were -- were not able to do it before. There were no negative votes in the House or in committee on this. 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Would be glad to answer any questions.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, Senator Luechtefeld, to close.
Would just ask for a positive vote. Thank you.
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 1702 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 58 Yeas, no Nays, no Presents. House Bill 1702, having received the constitutional majority, is declared passed. House Bill 1717. Out of the record. House Bill 1719. Senator Raoul. Out of the record. House Bill 1723. Leader Sullivan. Out of the record. House Bill 1883. Senator Hutchinson. Out of the record. House Bill 1908. Senator Haine. Senator Haine seeks leave of the Body to return House Bill 1908 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1908. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Haine, to explain the amendment.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 2 grew out of a colloquy in the committee and I believe it was Senator Johnson’s query that prompted this 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 amendment. It just allows for the -- a -- the fact that someone purchases it, if they are doing it pursuant to a prescription, they’re not violating the Act.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. On the Order of 3rd Reading, House Bill 1908. Madam Secretary, read the bill.
House Bill 1908. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Haine.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is an initiative of the Attorney General of Illinois and the Illinois Association of Chiefs of Police. It provides that if an individual has been convicted of a violation of the Methamphetamine Control and Community Protection Act and the Methamphetamine Precursor Control Act or a methamphetamine related offense, he or she, as a condition of the -- of parole, mandatory supervised release, or probation, can be prohibited from purchasing or possessing any -- any product containing 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 pseudoephedrine or ammonium nitrate. And the DOC, Department of Corrections, must establish procedures to provide notice to the State Police of the release of prisoners convicted of any of these methamphetamine-related offenses.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, Senator Haine, to close.
Would ask for an Aye vote, sir.
PRESIDING OFFICER: (SENATOR TROTTER) On -- the question is, shall House Bill 1908 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 1 voting Nay, none Present. House Bill 1908, having received the constitutional -- required constitutional majority, is declared passed. House Bill 1909. Senator Koehler. Out of the record. Senate {sic} Bill 1926. Senator Steans. Senator Steans. Madam Secretary, read the bill.
House Bill 1926. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Steans, to explain the bill.
Thank you, Mr. President, Members of the Senate. House Bill 1926 amends the Property Tax Code to allow the housing authority that’s currently exempt from property taxes to retain 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 that exemption if they transfer title to a partnership, provided they’re the general partner. These partnerships are formed to take advantage of federal tax credits. If the partnerships dissolve, the housing authority retains ownership of the underlying real estate when the other partners retain the tax credits. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, the question is, shall House Bill 1926 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 Yeas, no Nays, no Presents. House Bill 1926, having received the required constitutional majority, is declared passed. House Bill 1957. Out of the record. House Bill 1985. Senator Haine. Madam Secretary, Senator Haine seeks to -- leave of the Body to return House Bill 1985 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1985. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR TROTTER) …Haine, to explain the amendment.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This amendment, again, is the result of a colloquy in committee and it emanated from a -- a -- certainly a reasonable recommendation of Senator Raoul to require a higher threshold to 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 -- for proof and add the word “knowingly” before the words “false material”.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? All those in favor will say Aye. Opposed, Nay. Opinion of the Chair, 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 TROTTER) 3rd Reading. On the Order of 3rd Reading, House Bill 1985. Madam Secretary, read the bill.
House Bill 1985. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This adds to the Uniform Peace Officers’ Disciplinary Act that when a complaint supported by a sworn affidavit is filed against a police officer containing knowingly false information, it’ll be given to the State’s Attorney’s Office for determination of prosecution. This is an initiative of the FOP, the Chicago Fraternal Order of Police, and the Police Benevolent and Protective Association, the State Lodge, and the Office of the State Fire Marshal.
PRESIDING OFFICER: (SENATOR TROTTER) 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Any discussion? Senator Haine, to close. Question is, shall House Bill 1985 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, no Nays, and no Presents. House Bill 1985, having received the required constitutional majority, is declared passed. House Bill 2023. President Pro Tem Harmon. Out of the record. House Bill 2089. Senator McCann. Out of the record. On top of page 61, we have House Bill 2095. Senator Noland. Out of the record. House Bill 2193. Senator Haine. Senator Haine. Out of the record. House Bill 2249. Senator Haine. On House Bill 2249, Madam Secretary, read the bill.
House Bill 2249. (Secretary reads title of bill) 3rd…
PRESIDING OFFICER: (SENATOR TROTTER) Senator Haine, to explain.
I’m sorry, Mr. President. This has to be out of the record too.
PRESIDING OFFICER: (SENATOR TROTTER) Out of the record. House Bill 2313. Leader Sullivan. Leader Sullivan, on 2313. Out of the record. House Bill 2804. Senator John Jones. On page 61. Senator John Jones. Out of the record. House Bill 2860. Senator Forby. Out of the record. House Bill 2903. Senator Steans. Senator Steans seeks leave of the Body to return House Bill 2903 to the Order of 2nd 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Reading. Leave is granted. On the Order of 2nd Reading is House Bill 2903. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Steans, to explain the amendment.
You know, I’ll fully explain the amendment and bill on 3rd.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. On the Order of 3rd Reading, House Bill 2903. Madam Secretary, read the bill.
House Bill 2903. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Steans.
Thank you, Mr. President, Members of the Senate. House Bill 2903 allows the Illinois Environmental Protection Agency to award grants from the Alternate Fuels Fund to car sharing 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 organizations for the purchase of electric cars, providing the amount of the grants does not exceed the Agency’s estimation of funds available. Grants cannot exceed twenty-five percent of the total project cost. I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, the question is, shall House Bill 2903 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, no Nays, and no Presents. House Bill 2903, having received the required constitutional majority, is declared passed. House Bill 2974. Senator Holmes. Senator Holmes seeks leave of the Body to return House Bill 2974 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 2974. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Holmes.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Holmes, to explain the amendment.
Thank you, Mr. President. The amendment simply adds counties to the underlying bill. I’ll be happy to explain that on 3rd.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Are there any further Floor amendments approved for consideration? All those in favor of -- of the amendment, please vote Aye. Opposed, Nay. The Ayes have 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. On the Order of House Bill {sic} 3rd Reading, House Bill 2974. Madam Secretary, read the bill.
House Bill 2974. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Holmes.
Thank you, Mr. President. House Bill 2974 requires telecommunication carriers to provide written notice to anyone living within two hundred and fifty feet of a proposed new telecommunications facility within thirty days of the issuance of the construction permits. It is also adding some information that needs to be included in the notice, very simple information, simply like the site plan is an addition. It’s very simply a notification bill.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, the question is, shall House Bill 2974 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, no Nays, no Presents. House Bill 2974, having received the required 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 constitutional majority, is declared passed. House Bill 2976. Senator Wilhelmi. Out of the record. House Bill 2987. Senator Hutchinson. Out of the record. House Bill -- on page 61 still, we have House Bill 3005. Senator Delgado. Out of the record. House Bill 3022. Leader Lightford. Out of the record. House Bill 3027. Senator Steans. Out of the record. House Bill 3034. Senator Wilhelmi. Senator Wilhelmi. Out of the record. House Bill 3036. President Pro Tem. Out of the record. House Bill 3037. President Pro Tem. It’s a recall. We have House Bill 3037. Senator Harmon seeks leave of the Body to return House Bill 3037 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3037. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR TROTTER) Leader Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The amendment becomes the bill. I move for its adoption and would ask to debate it on 3rd Reading.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported. 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. On the Order of 3rd Reading, House Bill 3037. Madam Secretary, read the bill.
House Bill 3037. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Harmon, to explain the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. For many years, we’ve advanced legislation attempting to create a competitive marketplace for residential and small consumers of electric and gas utilities. In this bill, we are enacting what I think is the final piece of the puzzle for the - - the gas utility side. We are creating a program for the purchase of receivables. This is something that we have done in the electric market and it has been a great success. I have reason to believe that the -- the same success would occur on the gas side, if we are able to pass this. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, Senator -- excuse me, Senator John Jones.
Thank you, Mr. President. To the bill. But I apologize for being a little late there too.
PRESIDING OFFICER: (SENATOR TROTTER) To the bill, sir. 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011
Just -- I just wanted to -- point out that -- that Ameren and -- and Citizens Utility Board is opposed to the bill. But I’m -- I’m rising in support of it. But I -- I just want to point that out to the Members of -- of the -- of the Senate.
PRESIDING OFFICER: (SENATOR TROTTER) President Pro Tem, to close.
Thank you, Senator Jones. I appreciate your support. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 3037 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 Yeas, 5 Nays, none voting Present. House Bill 3037, having received the required constitutional majority, is declared passed. House Bill 3038. President -- out of the record. House Bill 3184. 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. Leader {sic} Dillard. Madam Secretary, read the bill.
House Bill 3244. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Leader {sic} Dillard.
47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Thank you, Mr. President and Members. This legislation would direct the Department of Commerce and Economic Opportunity, within their available resources, to think about and come up with a plan for increasing, in their tourism program, sites related to agriculture, whether it’s the John Deere site in Senator Jacobs’ area, in the Quad Cities. Agriculture is our largest industry in Illinois. We have a great rural and agribusiness history and this would request that they come up with a plan to try to increase tourism on the agricultural side in Illinois. Be happy to answer any questions. Thank you.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, Leader {sic} Dillard, to close.
Just a roll call, Mr. President. Thank you very much.
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 3244 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 1 voting Nay, none Present. House Bill 3244, having received the required constitutional majority, is declared passed. House Bill 3276, on page 62. Senator Lauzen. Out of the record. House Bill 3285. Senator Jacqui Collins. Out of the record. House Bill 3300. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return House Bill 3300 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3300. Madam Secretary, are there any 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi, to explain the amendment.
Thank you, Mr. President. The amendment becomes the bill and I’ll be happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR TROTTER) 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 TROTTER) 3rd Reading. House Bill -- on the Order of 3rd Reading, House Bill 3300. Madam Secretary, read the bill.
House Bill 3300. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi.
Thank you, Mr. President, Members of the Senate. House Bill 3300, as amended, provides that when a defendant has been convicted of violating any statute relating to the use of a motor vehicle and the violation resulted in great bodily harm or 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 death, then the person who suffered the harm or a family member is entitled to notice of any sentencing hearing, as well as the right to give a victim impact statement. The amendment also provides that the State’s Attorney’s Office or a victim advocate must provide any crime victim with information about available services to assist a victim in dealing with trauma, loss, and grief. Originally, we tried to accomplish this goal by expanding the definition of “violent crime” and my colleague and good friend, Senator Raoul, pointed out that that would be problematic and why don’t we just have the Criminal Code state what we’re attempting to do. That’s what this amendment does. That’s what the bill, as amended, does. And I ask for your support.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Senator Wilhelmi, to close.
I ask for your support.
PRESIDING OFFICER: (SENATOR TROTTER) Okay. The question is, shall House Bill 3300 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, no Nays, no Presents. House Bill 3300, having received the required constitutional majority, is declared passed. Senator Lauzen, what is your purpose for rising?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR TROTTER) State your point, sir. 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011
On House Bill 3037, it was my intention to vote No.
PRESIDING OFFICER: (SENATOR TROTTER) The record will reflect your intention, sir. Okay. Continuing on page 62, we have House Bill 3308. Senator Lauzen. Out of the record. House Bill 3329. Senator Muñoz. Senator Muñoz. Out of the record. With the leave -- Seth Perlman from Associated Press seeks leave to film the proceedings -- take still photos of the proceedings today. Seeing no opposition, leave is granted. House Bill 3346. Senator Millner. Out of the record. Sorry, sir. Looking to my -- to my left. Madam Secretary, please read the bill.
House Bill 3346. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Millner.
Thank you, Mr. President. This creates the Illinois Law Enforcement Alarm Systems Fund. It’s in the State treasury for use in support of law enforcement. Amends the State Finance Act and amends the Clerk {sic} (Clerks) of Courts Act. And there is no fiscal impact to the State from this legislation. This is a discretionary transfer, not a mandatory one. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, Senator Millner, to close. The question is, shall House Bill 3346 pass. All those 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, no Nays, no Presents. House Bill 3346, having received the required constitutional majority, is declared passed. House Bill 3371. Senator Wilhelmi. Out of the record. House Bill 3384. Leader {sic} Dillard. Out of the record. House Bill 3414. Leader Sullivan. Out of the record. On top of page 63, we have House Bill 3440. Senator Emil Jones. Out of the record. House Bill 3450. Leader Muñoz. Out of the record. House Bill 3591. Senator Mulroe. Madam Secretary, please read the bill.
House Bill 3591. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Mulroe, to explain the bill.
Thank you, Mr. President, Members of the Senate. House Bill 3591 amends the Pension Code to prohibit future participants of the Chicago Transit and Regional Transit {sic} (Transportation) Authority from receiving pension benefits if they were convicted of a felony in connection with their job. I know of no opponents. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, Senator Mulroe, to close.
I would just ask for an Aye vote. 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011
PRESIDING OFFICER: (SENATOR TROTTER) The question is, shall House Bill 3591 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, no Nays, no Presents. House Bill 3591, having received the constitutional -- required constitutional majority, is declared passed. House Bill 3636. Senator Mulroe. Out of the record. Senator Rezin, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR TROTTER) Please state your point.
I’d like to introduce my daughter, who is here visiting today, Tory Rezin. She is a -- just finished up her junior year at Georgetown, where she was a captain of the volleyball team and the Most Valuable Player this past year. She’s going to die of embarrassment when I’m done speaking. Next year, she will be the captain of the team. She currently holds two school records -- and is on her way to breaking the all-time career record at the school. So we’re proud of that. But she also is an English major and a beautiful writer. So I’d like to, you know, extend a warm Springfield welcome to my daughter, Tory.
PRESIDING OFFICER: (SENATOR TROTTER) Please join all of us in welcoming the young Miss Rezin to the Senate. With leave of the Body, we’ll return to page 3 of the Calendar, which is the Order of Senate Bills 2nd Reading. On page 3, we have Senate Bill 2255. Senator Haine. Madam 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Secretary, read the bill.
Senate Bill 2255. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities adopted Amendments 2 and 3.
PRESIDING OFFICER: (SENATOR TROTTER) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. May I have your attention, please? At 4 p.m., Public Health will meet in Room 212. Public Health will meet at 4 p.m. in Room 212. Madam Secretary, Resolutions.
Senate Resolution 249, offered by Senator Raoul. Senate Resolution 250, offered by Senator Hunter. They are substantive, Mr. President.
PRESIDING OFFICER: (SENATOR TROTTER) With leave of the Body, we’ll return to page 45 in our Calendars. We’ll go to Order of 3rd Readings. We will go to Senate Bill 1175. Senator Raoul seeks leave of the Body to return Senate Bill 1175 to the Order of 2nd Reading. Leave is granted. Senator Raoul.
Thank you, Mr. President. I’ve requested that Senate Bill 1175 be returned to 2nd Reading. I heard sentiments from the General Assembly about having the ability to offer amendments to 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 the proposed legislative maps. We are returning Senate Bill 1175 to 2nd Reading to put the bill in the posture where Members may feel more comfortable to offer their alternatives to the proposed map. And so we’re hopeful that any such proposals for alternatives -- alternatives would be forthcoming as soon as possible so we would be -- afford the public an opportunity to see these alternatives and consider them in committee.
PRESIDING OFFICER: (SENATOR TROTTER) Madam Secretary, at the request of the sponsor, the bill will remain on 2nd Reading. Mr. Secretary, Resolutions.
Senate Resolution 251, offered by Senators Radogno, Cullerton and all Members.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Radogno moves to suspend the rules to allow the immediate consideration of Senate Resolution 251. All those in favor, vote Aye. Opposed, Nay. The Ayes have it, and the notice and all posting requirements have been waived. Mr. Secretary. On the Order of -- of Resolutions is Senate Resolution No. 251. Madam -- Mr. Secretary, please read the resolution.
Senate Resolution 251, offered by Senator Radogno, Cullerton and all Members. (Secretary reads SR No. 251)
PRESIDING OFFICER: (SENATOR TROTTER) Senator Radogno has moved the adoption of Senate Resolution No. 251. Leader Radogno.
55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Thank you, Mr. President. I’d like to speak to the resolution.
PRESIDING OFFICER: (SENATOR TROTTER) Please.
Thank you. Well, first of all, welcome back to the Senate, Gary and Deb. It’s great to see you and your staff. We’re really delighted that you’re here and I am supremely confident by the time you leave here today, after witnessing what we’re doing, you will think you made the right decision at the right time. But we’re here today to -- to honor you and talk about your service here in the Illinois General Assembly. And as I was thinking about this, I was thinking about there’s four kinds of legislators in this Body. We have those legislators that talk a lot and say nothing, and we all know who those are, except for those of you who -- who are those people. Then we have those legislators who talk a lot but really do add quite a bit of value to the process. And they are certainly the kinds of people that we need. Then the third group we have are people that never talk, because they really don’t have anything to say, which we’re grateful for that. But, lastly, we have the people like you, who don’t talk a lot, but when they do talk, they really do have something substantial to say and they really do add to the process. They’re not flashy. They’re not dramatic. But when they rise, it’s a little like E. F. Hutton, everyone listens. And I think that’s how you are viewed -- were viewed in this Body and that’s a good thing. But it’s not just your comments and the way you spoke here that are substantial and meaningful, as you heard from the resolution, it’s really 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 everything about how you’ve conducted your life and been in the community and how you’ve served this State. It’s substantial. It’s worthwhile. It’s meaningful. And you deserve all the recognition that you’re going to get here today. We will really miss you. Thank you.
PRESIDING OFFICER: (SENATOR TROTTER) Leader Murphy.
To the resolution, Mr. Chairman…
PRESIDING OFFICER: (SENATOR TROTTER) To the resolution.
…or, Mr.… I -- I don’t know which one of those four I am. I guess you’re all… I’m going to ask the Leader later on which one of those I fall into. But I am pleased to talk to this resolution and I am really happy to see my friend, Gary, with his family back in the Chamber. It always struck me, when I got here, that - and I don’t mean this as any offense to any of the rest of us - but that Gary was really the only normal person in the Senate. There’s something a little different about most people who go into this line of work. And whether you’re a Democrat or a Republican, we’re all a little off for wanting to do this. But Gary always struck me as the common man. You know, I could tell what people back home would think about what was going on just by looking at his face, sitting in his chair, and it was often sort of that furrowed brow look that I think a lot of people back home might have had if they were watching too. And so I -- I kind of had this impression in my head of Gary as being, you know, the ordinary man, and then you listen 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 to this resolution. If I could say I did one or two of the laundry list of things he did in his life, I would be immensely proud. The -- this -- this is a story - that resolution right there. I mean, that is a classic American success story. You got a truck driver who loses his job and the next thing you know - and I’m sure it was a little bit harder than this, but it -- I don’t have a lot of time - the next thing you know, he’s running a company with two hundred employees. That is utterly extraordinary. To come down here in a district that was owned by a Democrat for a long, long time and decide we need to change things and I need to be a part of it; to be nobody’s choice early on and to come and just get it done and make a difference; to come down here and give over four hundred thousand dollars of pay to the people in the district - extraordinary. There are few people who have ever served in this Chamber, when you take the totality of what they did in their life, who can match what you’ve done. Welcome back. It was a pleasure to serve with you. Thanks for giving us a part of that successful life.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Althoff.
Thank you, Mr. President. To the resolution.
PRESIDING OFFICER: (SENATOR TROTTER) To the resolution.
I miss you, Senator Dahl. I really do. I miss your humor. I miss your forthright speech. I miss your gentlemanly ways. When you announced that you were leaving, I think, you remember, I probably was one of the ones who was the most upset and begged 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 you to stay. And I got to tell you something, though, as much as I miss you, your replacement is pretty spectacular. She’s doing a remarkable job. She follows in your footsteps. You would be proud to see her achievements and everything she’s been able to accomplish. So just to let you know, as much as you are missed here, as much as we appreciate everything that you did for this Chamber and in this Chamber, you can be proud to know that your replacement is following in your footsteps and doing a remarkable job as well. I hope you’re enjoying retirement with your lovely wife. When we got you, it somewhat of a partnership. I enjoyed her company and her wisdom just as much as yours. So, again, I hope that you’re traveling in that wonderful motor home, enjoying visiting this country and seeing the sights, and really relaxing in your retirement.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Wilhelmi.
Thank you, Mr. President. To the resolution.
PRESIDING OFFICER: (SENATOR TROTTER) To the resolution, sir.
Well, good afternoon, Gary Dahl. It’s good to have you back here. I know we spoke earlier today and it’s great to see you on the Senate Floor and I want to just echo some of the words of my colleagues from this side of the aisle, as well as from your side of the aisle, that -- that you are missed and that -- we shared Will County together for four years. We shared some of the challenges and the issues that we’re confronted with in Will County, issues such as transportation 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 and agriculture, local government, of course, even saving Stateville Prison, and we worked on that together. And I want to thank you for your support. And in your time with us in the State Senate, you brought business experience, an acumen that is certainly well appreciated on both sides of the aisle. And you -- you brought that experience in a way that a gentleman would bring that experience to this Chamber. You didn’t push it on us. You didn’t force it on us. You brought some ideas to the Body and we certainly appreciated that. And to Senator Murphy’s point, to hear your -- your bio, essentially, this -- this afternoon, I knew a lot of that, but I didn’t know all of it. And with respect to the philanthropy and the charitable spirit in which you’ve run a company for over twenty years, you know, we want to thank you. You’ve employed hundreds and hundreds of people during that time and you’ve done it clearly with a big heart. And you’ve shared your success with people in your district and in your region and that helps us all here in the State of Illinois. And it’s a lesson that we all can learn from, that we have to remember we are a representative of a group of folks back home and we have to come here with that spirit that we are the employee, we are the servant, and you brought that spirit and that understanding to the Illinois Senate. And so I wish you and your family the very best as you leave here today. It was a true pleasure getting to know you and serving with you and fighting for the good people of Will and Grundy County with you. And I wish you all the best and Godspeed, my friend.
PRESIDING OFFICER: (SENATOR TROTTER) Leader Righter. 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I’d like to speak to the lady’s resolution. You know, it is tradition in this Body, Mr. President, that these times are reserved for words of adulation for the person who’s the subject of the resolution and anything that may have bothered us a little bit about the person who is the subject of the resolution is left unsaid. I’m going to break that tradition here, at least at the start, to say to everyone here and to my good friend, Senator Dahl, and even his wife, Deb, that there were a couple things that bothered me - just two - about Senator Dahl during his time of service here. The first one was, is that when he served here, he did not bring his wife here to visit nearly often enough, because she sweetened the presence, not only of him, but everyone here. The second one was, at the end, when he said he was leaving, because everyone thought he’s leaving too soon, at least for us. You know, it’s been mentioned that Gary Dahl isn’t a man of a lot of words, but you don’t need to hear a lot from him to know a lot about him, about his loyalty to this nation through his service in the Armed Forces, through his grit and determination and willingness to take a risk, when he loses his job as a truck driver and says, “You know what? I’m going to go out and do this on my own”, and starts a business that turns into an enormously successful business, the heart of tin that he has when he uses that business for philanthropic endeavors and then, as was mentioned earlier, donates hundreds of thousands of dollars of his pay to charitable organizations and charitable causes. And then there’s something that we’ve learned about Gary Dahl that I 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 can’t quite articulate on, when he won this mysterious string of goat-milking championships, but that’s something that maybe people down the road will figure out. We hear oftentimes, Mr. President, that politics is often about timing, and to put that in terms of bookends, when you show up here and when you decide to leave here. And Gary Dahl stood up in a year where the people in his Senate district said, “We need someone. We need someone new. We need someone who thinks like us, someone with common sense, someone with maturity, someone who’s not just running around in political circles.” He showed up at that time in 2004 and that and many other reasons is why he’s won. And he left -- he left because it was the right thing for him and more importantly for his family. I hope and pray that everyone who serves in this Chamber today, Mr. President, has the wisdom to leave for exactly the same reason. Congratulations, Senator Dahl and Deb. It is wonderful to see you again.
PRESIDING OFFICER: (SENATOR TROTTER) Thank you. From a fellow goat-milking champion, Senator Hutchinson.
Thank you, Mr. President. To the resolution.
PRESIDING OFFICER: (SENATOR TROTTER) …the resolution.
I would like to speak on the Kankakee County Celebrity Goat-Milking Champion Contest. Gary Dahl is no longer allowed to participate in it, because he wins every year and he would fill up three buckets while everyone else was standing there, saying, “My goat is broke.” So, I didn’t get to serve with him 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 as long as I, you know, would -- would want to. But the very first time I went to the Kankakee County Fair and I -- and everyone was asking me when I became the Senator of the 40th District, “Was I going to milk the goat?” Was I really… And I said - I can’t believe I’m going to tell this story on the Floor - I said, “I have no idea how to milk a goat.” So when we went to the breakfast, I looked at Gary. And I said, “Senator, I don’t know what to do.” He said, “Oh, kiddo, just be yourself.” I’m like, “That’s not helpful.” “I don’t know how to be myself and milk a goat. That’s not -- I don’t know what to do.” By the time we got to where the place was -- and literally, for me, you know, I was new to the district. I was probably the only black person in the room the entire time, but Senator Dahl told me exactly what it is I needed to do, and I am the 2009 Celebrity Goat-Milking Champion. Thank you, Senator Gary Dahl. It became one of the most important things I did. It trumped almost all my legislation. Everywhere I went people would say, “Well, we have Senator Gary Dahl, we have Senator -- or Representative Lisa Dugan, and the 2009 Celebrity Goat-Milking Champion.” I was like, wow, this is a big deal. But what would it -- what it was symbolic of for me, because I served with him on State Government and Veterans Affairs, was just how truly kind he is and how gentle his heart is and how he meets every person where they are, regardless of who they are, as the gentleman that he is. So I will miss your -- your guidance. I’ll miss your counsel. And I remember my very first veterans’ bill and you stood up and you said, “I want to commend the sponsor.” And I need you to know how much that meant to me, because I knew then that you don’t stand up unless you have 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 something to say. So, to me, that was very, very high praise. Congratulations on your retirement. Thank you for becoming a part of my friendship circle. And I -- and I thank you for your service to this State. Bless you.
PRESIDING OFFICER: (SENATOR TROTTER) Well, in the new remap, you know, I have Kankakee County. I don’t know who’s going to teach me how to milk the doggone goats. Senator Luechtefeld.
Thank you, Mr. President. To the resolution.
PRESIDING OFFICER: (SENATOR TROTTER) To the resolution.
You know, we do this a lot as people leave here and sometimes you hear things that, you know, you wonder whether they’re really talking about the person you really know. But today, I think everyone that speaks on both sides of the aisle will sincerely mean what they say, and -- and that’s really a compliment, Gary. There’s no -- no question about that. I -- Matt Murphy talked about his -- the resolution and all the things he’s done. How would the rest of you like to follow that resolution with one about -- I’m not real sure I’d like to follow one like that, because mine would be a lot shorter. It is -- is quite -- quite impressive. You know, I think you came here for the right reasons and you tried to do good things. You know, I -- I know that you are going to enjoy retirement. You’ve already started doing that and I think you -- you will do that. I guess the one regret I have is -- and I really think that Gary is leaving here and he -- and he feels he really 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 wasn’t able to do some of the thinks that he’d like to do. He would -- I think he’d have liked to change politics a little bit. He’d have liked to change Illinois and that’s very difficult to do. And I know that has to be one of his frustrations. But he came here for the right reasons. He did good things and I certainly have enjoyed knowing him. Without - - without him coming here, certainly many of us would -- would not have gotten to know him. It’s been a pleasure knowing you and good luck in your retirement. Thank you.
PRESIDING OFFICER: (SENATOR TROTTER) Senator John Jones.
Thank you, Mr. President. To the resolution.
PRESIDING OFFICER: (SENATOR TROTTER) To the resolution.
Senator Dahl and Deb, my two friends really, I never get up and talk on these when -- when we do these resolutions because, quite frankly, we’re all friends in this -- in this building and this Chamber and it’s hard to see a friend leave. But, you know, Gary Dahl is somebody that I became very close to because we were both in the same business, the trucking business. And when those issues would come up, he and I would have long discussions about ‘em. And -- and, Gary, I -- I know that Senator Althoff mentioned a while ago your replacement, and I had a hard time doing it - I don’t think I could have ever done it with you - but I convinced your replacement that her first bill should be the muskrat bill. And she did an outstanding job of presenting it, but I -- I don’t think you would have ever 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 given in and carried the muskrat bill, especially as your -- as your first bill. But as I stand here and listen to people talk about you and -- and Deb, both, Senator Luechtefeld’s exactly right. You came here for the right reasons. You know, probably we all should just come here and -- and be like our forefathers wanted us to do, is be a citizens’ government - come for a short period of time and maybe leave, and -- and you’ve done that. But you made your mark while you was here. I’m reminded of my grandfather, many, many years ago, and I think he must have talked to you too. But he reminded me when I was a young child that the good Lord gave you two eyes, two ears, and one mouth, and there’s a reason for that. You listen and look a lot more than you talk, and that’s what Gary Dahl did when he was here. But when he spoke, everybody in this Chamber listened, because they knew he really had something to say that meant something. And I just want to warn a few of you - you, too, Senator Trotter, that’s -- Acting President right at the moment - but it was mentioned about Gary Dahl’s motor home that he has, and -- and it is a rather nice motor home, and him and Deb spend a lot of time in it, and really I think the reason he chose this time to come down here and do this resolution is we’re talking about redistricting maps and the maps are out there, so he’s just looking to see which district he’s going run in. So all of you should be aware that he has been in your district and we can probably classify that he was there long enough to have a residence or maybe represent part of your county. But I guess the most important thing, Gary, when I look around this building, there’s a couple of different types of people that come here and serve and some of ‘em are politicians and some of 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 ‘em are statesmen and you was a true statesman. God bless you and Deb both.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. To the resolution.
PRESIDING OFFICER: (SENATOR TROTTER) To the resolution. SENATOR MUÑOZ: Senator Dahl, I just want to get up and say a few words on your behalf. Truly an amazing bio, sir - outstanding. As Leader Radogno stated the four different levels of how legislators speak on the Senate Floor, she had it right about you being a very quiet man. I served with you in different committees, but when you did speak, you spoke about what was right, not only for your district, but what you thought what should be right for everyone regarding the laws that we pass. Also, thank you for your service to this country. And when you lost your job and then you went out and got your own company, that’s truly amazing. Wish you well and wish you could hire another two hundred more so -- can help us with taxes for the State. But on a serious note, I wish you all the best. It was a pleasure to serve with you. Look forward to seeing you again. Please enjoy your family. Enjoy your retirement and God bless you, my friend.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Cultra.
Thank you, Senate President. To the resolution. 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011
PRESIDING OFFICER: (SENATOR TROTTER) To the resolution.
Gary had part of Iroquois County, where I live. And when he was first running, he came to our Lincoln Day dinner and -- and the main speaker there spoke probably for, oh, a half an hour or forty-five minutes, it seemed like, and Gary got up and he spoke for about five minutes. And Gary said more in those five minutes than the other guy said in forty-five minutes. And he connected with the people of Iroquois County - wouldn’t matter whether they were a farmer or a businessman. He said what they needed to hear about State government. And it proved out in the following election when he beat someone that was very well entrenched. And so I just wish Gary and his wife, Deb, happy retirement.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Haine.
To the resolution, Mr. President.
PRESIDING OFFICER: (SENATOR TROTTER) To the resolution.
The Minority Leader and the -- and my distinguished colleagues are correct that Senator Dahl spoke rarely on the Floor. I believe he was a reluctant speaker. As Senator Murphy commented, there’s some of us, particularly those trained in the law, we don’t know when to quit. We don’t know when to fold ‘em. Senator Dahl spoke from the heart, Senator Muñoz correctly pointed out, and he spoke common sense. The hallmarks of 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Senator Dahl’s tenure as a Senator were, in fact, common sense clearly articulated, one of the few Senators who could change a vote. He changed mine several times with a speech. That’s rarely done. The other hallmark of Senator Gary Dahl was an unfailing courtesy, unfailing, never holding a grudge, never displaying anger or frustration, although I’m certain it was felt by him, as it is by every one of us, with the process. He’s an example of someone, a citizen, who achieves great wealth and influence without arrogance, without being condescending, without being judgmental. It’s a rare -- it’s a rare quality in a man. He proved Leo Durocher wrong. He’s a nice guy who finished first. He picked himself up and made himself and his family and his employees wealthy without stepping on anybody. He’s an example of compassion with his own money, not other people’s money. He’s a -- was a singular presence in the -- the Senate. He’s a -- an example of all that is good and right in private business in Illinois. He’s an example of all that is good and right in partisan politics in Illinois. Thank you, Gary -- Gary Dahl, for your service.
PRESIDING OFFICER: (SENATOR TROTTER) Senator Duffy.
To the resolution, Mr. President.
To the resolution, sir.
You know, Gary Dahl is absolutely all -- everything that’s said and so much more. There’s two things that stand out to me most of all, Gary, since I’ve been serving with him for the past 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 three years. When I first decided -- when I was first evaluating whether I should run or not, a mutual friend of ours gave me Gary’s number and Gary was the first person that I talked to about running. And when I was talking with him, he told me about his phrase that he’s always been using, that he wants to focus on the next generation, not the next election. And when Gary started talking about that to me, you know, I realized that this wasn’t just some kind of campaign line. Gary went on passionately about how every vote that he takes and how every vote that I should take, if I ran for office, needs to be evaluated on how that’ll affect the next generation and all of Illinois, not just how it will impact you in the next election. And he felt so strongly about that. And I used to sit next to Gary in caucus as much as I could and every time a bill came up, he would always evaluate that to his criteria of how will that affect the next generation. Now I think that is so important and that inspired me so much and that’s something that I continue to use to this day and I appreciate that. But something else that I also really appreciate is, in my first year, during our first -- our last week, just like what we’re going through right now, during the final week of Session, I was trying to figure out whether or not I should go to my oldest daughter’s eighth-grade graduation. And I was sitting in caucus and Gary was sitting right next to me and he saw I was thinking about something and he said, “What’s the problem?” And I told him, “Well, you know, my -- my daughter’s going to graduate tonight and I’m trying to figure -- figure out whether or not I should leave.” And I was thinking that I shouldn’t leave. It was my first year and I didn’t want to leave and it’s such an 70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 important week. And Gary said, “Absolutely not, you’re leaving.” He said, “You’re going to go to your daughter’s graduation. Your family comes first and you don’t have a decision to make anymore, because I’m going to make you leave and you’re going to her graduation.” And I did. I went to Kasey’s graduation and I’m so thankful that I did. So, again, Gary, you’ve been inspirational to me in so many different ways. You’ve been my mentor and you’ve given me great advice. Thank you very much and good luck with all your future adventures.
PRESIDING OFFICER: (SENATOR TROTTER) Seeing no other speakers, the question is, shall the Senate adopt Senate Resolution No. 251. All in those {sic} favor will signify by voting Aye. Those opposed will vote Nay. It is the wisdom of the Chair that the Ayes have it, and the resolution is adopted. The Senate will stand in recess to the call of the Chair. There will be a Public Health Committee in Room 212 immediately upon recess. The Senate stands in recess. We will reconvene for the purposes of doing some paperwork. And committee, Room 212, Public Health. Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HARMON) Senate will come to order. Madam Secretary, House Bills.
House Bill 2107, offered by Senator Steans. (Secretary reads title of bill) 1st Reading of this House bill.
PRESIDING OFFICER: (SENATOR HARMON) 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/23/2011 Thank you. Committee Reports.
Senator Delgado, Chairperson of the Committee on Public Health, reports Senate Amendment 2 to House Bill 1600 and Senate Amendment 1 to House Bill 3027 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 11 a.m. on the 24th day of May, 2011. The Senate stands adjourned. 72