PRESIDING OFFICER: (SENATOR LIGHTFORD) The regular Session of the 97th General Assembly will 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 Reverend Jonathan Franklin, Mt. Zion Apostolic, Springfield, Illinois. Reverend Franklin.
(Prayer by the Reverend Jonathan Franklin)
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Thursday, May 26, 2011.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.
Madam President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions.
1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Senate Resolution 259, offered by Senator McCann and all Members. Senate Resolution 260, offered by Senator Koehler and all Members. They are death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, Resolutions Consent Calendar. Madam Secretary, Introduction of Bills.
Senate Bill 2485, offered by Senator Bivins. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen of the Senate, on the top of page 60, on the top of page 60 of the Calendar is the Order of House Bills 2nd Reading. House Bill 143. Senator Haine. Senator Haine. Out of the record. House Bill 186. Leader Radogno. Leader Radogno. Out of the record. House Bill 230. Senator Koehler. Out of the record. House Bill 1163. Senator Jacobs. House Bill 1163. Out of the record. House Bill 1215. Senator Crotty. Out of the record. House Bill 1237. Senator Noland. Senator Noland, on House Bill 1237. Out of the record. Senator Schoenberg, on House Bill 1293. Senator Schoenberg. Out of the record. Senator Haine, on House Bill 1577. Senator Haine. Out of the record. With leave of the Body, we will return to House Bill 3039. Senator Koehler, on -- on House Bill 3372. Out of the record. Senator Crotty in the Chair.
PRESIDING OFFICER: (SENATOR CROTTY) Chris Brooks, with WICS-TV, requests permission to 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 videotape. There being no opposition to that, it’s granted. Thank you. Now on House Bill 3039, Senator Lightford. Madam Secretary, read the bill.
House Bill 3039. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR CROTTY) Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
Thank you, Madam President. Senate Amendment 2 deletes all and becomes the bill. I’d be happy to debate it on 3rd.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Senator Lightford in the Chair.
PRESIDING OFFICER: (SENATOR LIGHTFORD) With leave of the Body, we will return to the top of page 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 60, on House Bills 2nd Reading. House Bill 143. Senator Haine. He indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 143. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Ladies and Gentlemen, on page 61, Secretary’s Desk, Resolutions. On page 61. Senate Resolution 81. Senator Lauzen. Senator Lauzen. Out of the record. Senate Resolution 199. Senator Sandoval. Senator Sandoval. Out of the record. House Joint Resolution 25. Senator Silverstein. Senator Silverstein. He indicates he wish to proceed. Madam Secretary, please read the resolution.
House Joint Resolution 25, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Silverstein.
Thank you, Madam President. This just names a portion of Milwaukee Avenue from Albion to Gross {sic} (Harts) the Seweryn Memorial Park -- Memorial Road. 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Joint Resolution 25 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Syverson, on House Joint Resolution 27. Senator Syverson. Out of the record. Senator Raoul, on House Joint Resolution 28. He -- Madam Secretary, he indicates he wish to proceed. Please read the resolution.
House Joint Resolution 28, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Joint Resolution 28 renames a section of Interstate 57 between Exit 339 at Sauk Trail Road and Exit 358 at Wentworth Avenue in Chicago the Tuskegee Airmen Memorial Trail in honor of the brave African-American aviators who comprised the famous Tuskegee Airmen of World War II.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Joint Resolution 28 pass. All those in favor will vote Aye. Opposed, Nay. As this resolution requires the expenditure of State funds, a roll call vote will be required. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Yea, 0 voting Nay, 0 voting Present. House Joint Resolution 28, having received the required constitutional majority, is declared adopted. Ladies 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 and Gentlemen of the Senate, we will return to page 60. On the top of page 60, House Bills 2nd Reading. Leader Radogno, on House Bill 186. Leader Radogno. Out of the record. Senator Koehler, on House Bill 230. Senator Koehler. Out of the record. Senator Jacobs, on House Bill 1163. Out of the record. Leader Crotty, on House Bill 1215. Out of the record. Senator Noland, on House Bill 1237. Out of the record. Senator Schoenberg. Leader Schoenberg, on House Bill 1293. Out of the record. Senator Haine, on House Bill 1577. Senator Haine, on House Bill 1577. Out of the record. Senator Koehler, on House Bill 3372. Out of the record. Senator Frerichs, for what purpose do you rise?
For a point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, sir.
I ask a indulgence from Senator Hutchinson. I realize that she is in charge of May birthdays, but I’m not sure she’s aware of this one. We have a member of our staff today, who staffs the Agriculture Committee, who is celebrating his twenty-seventh birthday. Now I know that he’s already received the best birthday present anyone could imagine, spending the entire day and evening here in the Illinois Senate, but I would like, because he’s going to be with us all day, for you to be aware of it and have the opportunity to wish him a happy birthday. But if you’d join me in wishing a happy birthday to Rudy Brida.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Happy birthday, and thanks for being here and having a 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 great day. With leave of the Body, we will return to House Bills 2nd Reading. On the Order of House Bills 2nd Reading, on page 60. Leader Crotty, on House Bill 1215. She indicates she wish to proceed. Madam Secretary, please read the bill.
House Bill 1215. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. House Bills -- 1237. House Bill 1237. Senator Noland. He indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 1237. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Ladies and Gentlemen of the Senate, may I please direct your attention to page 61. On the Order of Secretary’s Desk, Concurrence, page 61, Senate Bill 90. Senator Crotty. Madam Secretary, she indicates she wish to proceed. Please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 90. Filed by Senator Crotty.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Leader Crotty.
Thank you. The motion is to concur with the House amendment. Senate Bill -- 1586 and Senate Bill 90 were both the very same language. One dealt with the Vehicle Code, the other the Election Code. This amendment just brings it back, where both of them are on the same amendment with mentioning both Codes. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the -- the question is, shall Senate Bill 90 -- concur in House amendment. 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, 0 voting Nay, 0 voting Present. Senate Bill 90 having received the required constitutional majority, the Senate does concur in House Amendment 90 -- to Senate Bill -- House Amendment 1, excuse me, to Senate Bill 90, and the bill is declared passed. Senate Bill 152. Senator Haine. Madam Secretary, he indicates he wish to proceed. Please read the bill {sic}.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 152. Filed by Senator Haine.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine, to explain your amendment.
Thank you, Madam President and Ladies and Gentlemen of the 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Senate. This is a -- a bill which requires that in physical damage only, in automobile cases, any amount of damage twenty- five hundred dollars and below must be settled using the terms of the Nationwide Inter-Company Arbitration Agreement. This was a negotiated amount. It started in the Senate and ended in the House and its part of the bill and it removes all opposition.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 152 -- concur in House Amendment No. 1. 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, 0 voting Nay, 0 voting Present. Senate Bill 152 having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 152, and the bill is declared passed. Senator Martinez, on Senate Bill 153. She indicates she wish to proceed. Madam Secretary, please read the bill {sic}.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 153. Filed by Senator Martinez.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Martinez.
Thank you, Madam President and Members of the Senate. The change that occurred over in the -- over in the House was they - - the hours required for a massage therapist for licensure would be from five hundred hours to six hundred hours, a decrease from 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 the one that we sent over of seven-fifty. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 153. All those in favor will vote 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 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 153, and the bill is declared passed. Senator Sullivan, on -- excuse me, Senator. Senator Cultra, for what purpose do you rise?
Thank you, Madam President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.
Up in the Democrat gallery, there’s some people from my district. Vaughn Wilson with some -- a group from the Onarga Academy are here. Would you guys stand and welcome them to Springfield.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you for coming to the Illinois General Assembly. Welcome. Now on the Order of Concurrence, page 62, is Senate Bill 170. Senator Sullivan. He indicates he wish to proceed. Madam Secretary, please read the motion.
10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 170. Filed by Senator Sullivan.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan.
Thank you, Madam President, Ladies and Gentlemen of the Senate. I do want to concur with both Amendments 1 and 2. Amendment 1 allows DHS to transfer the Hansen/Therkelsen memorial deaf student College Loan Fund from the State Treasury to a locally held account. Amendment 2 was added at the request of DHS to make the term of the superintendents coincide with the start of the school year. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 170. 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 Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment Nos. 1 and 2 to Senate Bill 170, and the bill is declared passed. Senator Garrett, on Senate Bill 541. She indicates she wish to proceed. Madam Secretary, please read the bill.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 541. 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Filed by Senator Garrett.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.
Yes, thank you very much, Madam President. House Amendment No. 1 basically excludes Cook County from the bill. And then, secondly, it makes sure that the ordinances that would be approved by local governments can only happen when the local governments have a majority of nominees on a board.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Senator Sandack, for what purpose do you rise?
Good morning, Madam President. To the bill, please.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Good morning. To the bill, Senator.
Thank you. I -- I stand in strong support of this good government initiative. It was a good bill when we passed it the first time. It’s still a very good bill. It will inure to the benefit of the county constituents and permit by -- it’s a permissive bill - the county board, with the advice -- I’m sorry, the county board chairman, with the advice and consent of the board, to make sure those folks appointed to various agencies are held accountable to the taxpayers. Thank you much.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett, do you wish to close? Senator Garrett.
Thank you, again. I just ask for an Aye vote. 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 541 pass - the motion. 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, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 541, and the bill is declared passed. Senator Koehler, on Senate Bill 840. Madam Secretary, he indicates he wish to proceed. Please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 840. Filed by Senator Koehler.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler, on the -- amendment.
Thank you, Madam President, Members of the Senate. This amendment basically removes the opposition. It includes a definition for farmers’ markets. This is the food cottage {sic} bill. The amendment also allows local health departments to charge a reasonable fee for registration. The amendment also requires the registrant to agree in writing to an inspection by a local health department of -- of where they reside in the event of a consumer complaint or a food illness outbreak. I would ask for your support of the motion.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 shall the Senate concur in House Amendment No. 1 to Senate Bill 840. 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 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 840, and the bill is declared passed. Senator Hutchinson, on Senate Bill 1035. She indicates she wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1035. Filed by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hutchinson.
Thank you, Madam President. I would like to concur with House Amendment No. 2 on Senate Bill 1035. The amendment adds solicitation to meet a child, grooming, and traveling to meet a minor to the list of applicable sex crimes. And, number two, clarifies that these provisions only apply to crimes where the victim is under eighteen years of age. I think it’s a good amendment and I would ask for your support.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1035. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 wish? Have all voted who wish? Take the record. On that question, there are 59 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 2 to Senate Bill 1035, and the bill is declared passed. Senator Hunter, on Senate Bill 1234. Madam Secretary, she indicates she wish to proceed. Please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1234. Filed by Senator Hunter.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.
Thank you, Madam President and Ladies and Gentlemen of the Senate. I move to concur with House Amendment 1 to Senate Bill 1234, which deletes all and -- becomes the bill. It -- it makes three basic changes. One is that it adds definitions to two terms that were -- that were contained in the engrossed Senate bill - “integrated delivery system” and “interdisciplinary team”. Two, it identifies DHS as the successor to the Department of Mental Health and Developmental Disabilities. And, three, it adds reference to compliance with other laws, whereas the engrossed Senate version only mentioned compliance with -- with HIPAA laws.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1234. All those in favor will vote Aye. 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 1234, and the bill is declared passed. Senator Crotty, on Senate Bill 1270. She indicates she wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1270. Filed by Senator Crotty.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Crotty.
I would ask for the Senate to concur in House Amendment No. 1. It removes the provision which included professional service contractors owned by veterans to be eligible for the goal. It also clarified language regarding alleged violations and administrative penalties of persons who engage in deception in order to gain contracting through this disadvantaged business program. And it also changes the date by which CMS must submit an annual report from the date to the goal -- is set for now March 1st. That is House Amendments 1 and 2.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 1270. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment Nos. 1 and 2 to Senate Bill 1270, and the bill is declared passed. Senator Maloney. Senator Maloney, on Senate Bill -- 1321. He indicates he wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1321. Filed by Senator Maloney.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Maloney.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 1329 {sic} expands the Premise Alert Program to define individuals who use pressurized oxygen cylinders for medical purposes. I would ask that the Senate concur with House Amendment 1, which removes a provision that creates the Premise Alert Fund as a special fund. This provision was inadvertently left off from a prior version of the Senate bill. It really serves as no purpose. It’s really a technical amendment.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1321. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 1321, and the bill is declared passed. Senator Schoenberg, on Senate Bill 1352. Leader Schoenberg. Out of the record. Senator Bivins, on Senate Bill 1364. Senator Bivins. He indicates he wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1364. Filed by Senator Bivins.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Bivins.
Thank you, Madam President. The House amendment amends the Public Officer Prohibited Activities Act. Allows persons who are both a contractual employee and member of a public hospital in a municipality with a population between thirteen thousand and sixteen thousand that is located in a county with a population between fifty thousand and seventy thousand to be exempt from the Public Officer Prohibited Activities Act. Currently, the director of the hospital district board is exempt. I know of no opposition. Appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1364. All those in favor will vote Aye. 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 2 to Senate Bill 1364, and the bill is declared passed. Senator Emil Jones. He indicates he wish to proceed on Senate Bill 1386. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1386. Filed by Senator Emil Jones.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Jones.
Thank you, Madam President. Senate Bill 1386, as amended by the House, would allow property tax refunds that arose after January 1st of 2000 to be issued by Cook County. This bill will also allow these homeowners to receive the refunds that they are entitled to. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) You’re welcome, Senator. Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1386. 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 voting Yea, 0 voting Nay, 1 voting Present. Having received the required constitutional majority, the Senate does concur in House 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Amendment No. 1 to Senate Bill 1386, and the bill is declared passed. Senator Haine, on Senate Bill 1553. He indicates he wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1553. Filed by Senator Haine.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Thank you, Madam President and Ladies and Gentlemen of the Senate. This is a bill that is an initiative of Blue Cross Blue Shield and the Insurance Association. It merely regularizes and changes the reporting of administrative expenses to the Department consistent with the carrier’s needs. The Department has no problem with this. There was no opposition.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1553. 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 59 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 1553, and the bill is declared passed. Senator Holmes, on Senate Bill 1578. She indicates she wish to proceed. Madam Secretary, please read the motion. Ladies and Gentlemen of the Senate, we are waiting on additional paperwork. We will return 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 to Senate Bill 1578. With leave of the Body, we’ll continue on to Senate Bill 1584. Senator Crotty. She indicates she wish to proceed. Madam Secretary, please read the bill {sic}.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1584. Filed by Senator Crotty.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Crotty, on Amendment No. 1.
Thank you very much. And, again, I would love for the Senate to help me in concurring with this amendment. It still retains the language for a seven-member advisory panel to assess mental health services in a township within Cook County, but this amendment would have townships that already are providing those services -- would not apply to ‘em.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1584. 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 59 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 1584, and the bill is declared passed. On the top of page 64. Ladies and Gentlemen, on the top of page 64, we will continue on with Secretary’s Desk, Concurrence. Senate Bill 1607. Senator Jacobs. He indicates he wish to proceed. Madam Secretary, 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 please read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1607. Filed by Senator Jacobs.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Jacobs.
Thank you, Madam President. Amendment 2 was submitted by the Illinois Department of Insurance to align provisions in the Illinois Insurance Code on life insurance policies with those of the Interstate Compact that we passed last year unanimously. After review of the Compact legislation, the Department determined the need for this change, the sole purpose of the amendment. I know of no opposition.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1607. 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, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 2 to Senate Bill 1607, and the bill is declared passed. Senator Steans, on Senate Bill 1623. She indicates she wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Amendment No. 1 to Senate Bill 1623. Filed by Senator Steans.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.
Thank you, Madam President, Members of the Senate. I do move to concur the -- to House Amendment 1, which adds an additional provision to the underlying bill by requiring the Department of Human Services to perform a study of existing community-based housing and residential services for people with mental illnesses by October 1st, 2011. This was an agreed-to amendment and I don’t know of any opposition.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1623. 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 59 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 1623, and the bill is declared passed. With leave of the Body, we will return to Senate Bill 1578 on page 63. Our paperwork has caught up with us on this motion. Senator Holmes. She indicates she wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1578. Filed by Senator Holmes. 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes.
Thank you so much, Madam President. Very simply, House Amendment 1 just ensures that this is statewide. And House Amendment 2 addresses a concern that the language was a little too broad and it’s changing the language to be amended to read “Educational support personnel may be exempt from a workshop if the workshop is not relevant to the work they do.”
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment Nos. 1 and 2 to Senate Bill 1578. 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 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment Nos. 1 and 2 to Senate Bill 1578, and the bill is declared passed. Page 64. On the Order of Senate Bill 1740, on page 64. Senator Raoul. He indicates he wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1740. Filed by Senator Raoul.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Thank you, Madam President. Moving to concur to House Amendment 1, which retains the language of the underlying bill and adds some technical changes, as well as that if a parolee is in compliance with the terms of his or her parole or mandatory supervised release and completes his or -- her high school degree, then the Prisoner Review Board may reduce the period of the parolee’s parole by ninety days.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1740. 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 59 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 1740, and the bill is declared passed. Senator Luechtefeld, on Senate Bill 1741. With leave of the Body, we will return to Senate Bill 1794. Senator Maloney, on Senate Bill 1798. He indicates he wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1798. Filed by Senator Maloney.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Maloney.
Thank you, Madam President. Senate Bill 1798, if you 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 remember, allowed Eastern Illinois University to increase their tuition waiver limit. The House Floor amendment that I’m asking concurrence for simply requires the Board of -- the Illinois Board of Higher Education to, when formulating its budget, consider the undergraduate tuition and fee waiver programs.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1798. 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, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 2 to Senate Bill 1798, and the bill is declared passed. On the top of page 65, Secretary’s Desk, Concurrence, Senate Bill 1821. Senator Sullivan. He indicates he wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1821. Filed by Senator Sullivan.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan.
Thank you, Madam Chairman {sic}, Members of the Committee {sic}. The amendments make a number of minor changes. First of all, it deletes all references to a brownfield facility. It provides that the ICC, after a hearing, may, instead of shall, 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 grant an application. Provides that before the ICC grants a certificate that they must find that the applicant has entered into an agreement with -- that will result in a reduction of CO2. That addresses the Farm Bureau’s concern. The Commission shall, also, not issue any certificates until it -- it has adopted federal safety regs. Makes clear that the Commission -- that if the Commission fails to make a determination, it shall not -- that shall not be deemed to be an approval or a denial of the application. And, finally, it makes clear that the final order of the Commission shall be conditioned upon the applicant obtaining all required permits and approvals. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 and 2 to Senate Bill 1821. 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, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment Nos. 1 and 2 to Senate Bill 1821, and the bill is declared passed. Senator Murphy. Senator Murphy -- excuse me, Senator Althoff, on Senate Bill 1972. Senator Althoff. Out of the record. Senator Noland, on Senate Bill 1996. He indicates he wish to proceed. Madam Secretary, please read the bill. Excuse me, please read the motion, Madam Secretary.
I move to concur with the House in the adoption of their Amendment No. 3 to Senate Bill 1996. 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Filed by Senator Noland.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
Thank you, Madam President, Ladies and Gentlemen of the Senate. The amendment provides that the Department of Public Health, in accompaniment with the Department of Public Health and -- as I say, the Housing Development Authority, will -- shall facilitate the development of a plan to address the relocation efforts of mobile home owners who are forced to relocate due to the -- due to the closure or sale of a mobile home park. I ask for concurrence.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: To the bill, please.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator. SENATOR McCARTER: Ladies and Gentlemen, I just want to let everyone know that this is a decision that is made way too prematurely; that the -- there -- there is an issue with manufactured home relocation, but we set up a task force last year. The task force never met. The task force was supposed to give us the direction of which way we’re -- which way we were to go. Instead, they didn’t meet. It was never created. And we decided that we were going to set up a State fund - and we know how secure State funds are - with these people’s -- these people that are typically low- 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 income people, we’re going to take their money and put it in a State fund. And now Public Health is going to determine what -- how they’re going to establish the fund and what they’re going to do with the money. This is -- this is not a good decision and I just hope that, even though we’re going in the wrong direction, we can at least involve key people in this State that would have been involved in the task -- force originally. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Pankau, for what purpose do you rise?
Thank you, Madam President. To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
We are often reminded when we come to concurrences that this is final action. And there were a number of us in committee that felt that Senator McCarter made a very good point when he said there was a plan of action as to what to do, but it was never carried out. And so, this particular measure at this particular time, we just shouldn’t do it. Also, Senator Johnson pointed out that a contract is a contract is a contract. And in their contract right now, manufactured home people know that they have a year to relocate. The owner of the property must give them a year’s notice before moving. So on top of the contract, they now want something additional. Now I am not an expert in contract law, but basically to have a mortgage and then say on top of it, “okay, but you’ve got to relocate me 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 also”, that just seems too much. I urge a No vote on this because it is final action. I don’t believe that this is ready for prime time.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any further discussion? Senator Noland, to close.
Just to advise the Body that the two previous speakers had previously also voted Yes on this bill. It’s a good bill. It helps people who are not similarly situated as they were twenty, thirty years prior when they may have purchased their home and now are faced with a situation that is truly untenable and circumstances had changed. This bill flew out of the House. It is -- it is supported by the Mobile Home Owners Association of Illinois and AARP. It remains a great bill. And I, again, ask you for your concurrence.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall the Senate concur in House Amendment No. 3 to Senate Bill 1996. 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 35 voting Yea, 14 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 3 to Senate Bill 1996, and the bill is declared passed. Senator Dillard. Senator Dillard, on Senate Bill 2007. He indicates he wish to proceed. Madam Secretary, please read the motion.
30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 2007. Filed by Senator Dillard.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dillard.
Thank you, Madam President. This amendment represents an agreement between Treasurer Rutherford’s Office and the Illinois Press Association. And it deals with the publishing in newspapers of the Illinois Public Treasurers’ Investment Fund and, very importantly, our college savings plans. And I would move its adoption.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 2007. 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 59 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 2 to Senate Bill 2007, and the bill is declared passed. With leave of the Body, we will move back to Senate Bill 1972, remaining on page 65. Senator Althoff. She indicates she wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1972. Filed by Senator Althoff. 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.
Thank you very much, Madam President. House Amendment 1 allows the collection of court costs incurred by the condo association in an action to enforce the collection. It’s a clarification. It’s not attorney fees in general, but only with regard to this specific legislation.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1972. 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 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 1972, and the bill is declared passed. Moving down the page to Senate Bill 2064 -- actually on top of page 66. Ladies and Gentlemen of the Senate, on top of page 66, Secretary’s Desk, Concurrences, Senate Bill 2064. Senator Maloney. He indicates he wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2064. Filed by Senator Maloney.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Maloney.
32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Thank you, Madam President. This is a bill we passed relative to the penalties involving gunrunning. The House amendment that I’m asking for concurrence on allows the Secretary of State to suspend the registration of a vehicle for ninety days, rather than suspend or revoke. The Secretary of State and the City of Chicago and the Chicago Police Department are in support of it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2064. 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, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 2064, and the bill is declared passed. Senator Pankau, on Senate Bill 2082. She indicates she wish to proceed. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 3 to Senate Bill 2082. Filed by Senator Pankau.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Pankau.
Thank you. Senate Bill 2082, as it left the Senate, asked the Department of Economic Opportunity to provide to the Senate Commerce Committee data quarterly on how many businesses there 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 are in the State, what types of businesses, et cetera, et cetera. When it got over to the House, the Department was changed to the Secretary of State, and instead of reporting just to the Senate committee, it was changed to the entire General Assembly. I urge you to vote for this concurrence motion. I believe it makes the bill a lot stronger. Every month, at the first of the month, we receive a report on how many jobs there are in the State of Illinois. Seems to me that at least quarterly we could get a report on how many businesses there are in the State of Illinois. I ask for its approval.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 and 3 to Senate Bill 2082. 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 voting Yea, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 and 3 to Senate Bill 2082, and the bill is declared passed. Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator. SENATOR McCARTER: Today, Ladies and Gentlemen, I have -- I’m making one of the most meaningful enjoyable -- and enjoyable statements on the Floor in the history of my time in the Senate. I know you are 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 surprised and shocked that it’s -- the topic is not comprehensive sex ed curriculum or Tenaska or work comp reform. But today I have the pleasure of introducing Lieutenant Colonel, Retired Chaplain, United States Air Force, Reverend Calvin and Linda McCarter, my father and mother. My father and mother have given their whole life serving others. While serving as a chaplain in Vietnam and Saigon at Tan Son Nhut Air Force Base, my father still found time to reach out to the Montagnard tribal people. With their own money, my parents have traveled the remote areas of the world where most people would not even dare go. They’ve battled the cholera epidemic in Kenya, creating a rural health clinic for mothers and babies that was well in -- as well as starting the Mama Linda, K through 8, School, in Kijabe, Kenya. Today, they are responsible for saving the lives of thousands of children in rural southern India and northern Kenya. I could go on and on about their sacrifice that they have made for others. They are now retired in northeastern Oklahoma. My father is one of the smartest and sacrificial men I know. My mother is one of the wisest people I know and has the patience of a Cubs fan for tolerating my father and me. Please welcome my mother and father, Reverend Calvin and Linda McCarter.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please stand. And welcome, Senator McCarter parents, to the Illinois General Assembly. It’s a pleasure to have you. Welcome. Senator Garrett, on Senate Bill 2106. Madam Secretary, she indicates she wish to proceed. Please read the motion.
35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 I move to concur with the House in the adoption of their Amendments 1 and 3 to Senate Bill 2106. Filed by Senator Garrett.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.
Yes, thank you, again, Madam President. The amendments that we are concurring with are based on a request from our Senate colleagues. The first amendment reduces the fine for a general violation of the Act from fifteen thousand to seven thousand. The second reduces the fine of a non-residential violation of the landfill ban from 1.5 thousand to five hundred. And, finally, the last one reduces the fine for residential violation of the landfill ban from a hundred dollars to fifty dollars.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment Nos. 1 and 3 to Senate Bill 2106. 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 47 voting Yea, 5 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment Nos. 1 and 3 to Senate Bill 2106, and the bill is declared passed. Senator Frerichs, on Senate Bill 2236. Senator Frerichs. He indicates he wish to proceed. Madam Secretary, please read the gentleman’s motion.
I move to concur with the House in the adoption of their 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Amendment No. 1 to Senate Bill 2236. Filed by Senator Frerichs.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.
Thank you very much, Madam President. This amendment coming over from the House makes a technical change replacing one word - by replacing “Board” with “Department”. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2236. 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, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 2236, and the bill is declared passed. Senator Harmon, on Senate Bill 2268. Senator Harmon. Senator Harmon. Out of the record. Ladies and Gentlemen of the Senate, may I have your attention? On page 63, we will, with leave of the Body, return to Senate Bill 1352. Senator Schoenberg. Leader Schoenberg, on Senate Bill 1352. He indicates he wish to proceed. Madam Secretary, please read the gentleman’s motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1352. Filed by Senator Schoenberg. 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Schoenberg.
Thank you, Madam President, Ladies and Gentlemen of the Senate. I urge the Senate to concur in House Amendment No. 2 to Senate Bill 1352. These are agreed corrections that were made to taking the -- the single prime project delivery method for the Capital Development Board to the next phase. It retains the underlying -- the underlying language of the bill. Changes the project budget threshold from twenty to fifteen million. It increases the CDB contract award allowance from a hundred to two hundred million and provides -- and makes some other changes as well. There’s no opposition and I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Senator Lauzen, for what purpose do you rise?
Thank you, Madam President. Just a question on this bill. If I -- let’s see. I have the right one. Senator…
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he’ll yield, Senator Lauzen.
Senator, when you say that there’s no opposition to the bill is that because the opposition that was voiced in the first time it came through the Senate was resolved through amendments? Because I noticed, in the first Senate vote back on April 13th, there were eighteen No votes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Leader Schoenberg.
There was, indeed -- were some issues that were raised by the Illinois Mechanical & Specialty Contractors. Much of that revolved around the project budget threshold, as well as the extension of the period of time. Those have been resolved by the amendment. So now that has lifted the opposition.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Lauzen. Further discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator. SENATOR McCARTER: I just want to make clear that I was one of those that spoke up in opposition to this bill when it came through. My main concern was that of the mechanical contractors. And I just want to say that I -- I’m still trying to understand this bill and -- and figure out how less competition in a way will bring costs down. But I’ve -- I’ve been convinced by some others that this has worked and -- and we have the chance to see whether this will continue to work. And so, I -- I appreciate the sponsor for working with those in opposition and bringing everyone in support of this bill. So I’ll be supporting it. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Leader Righter, for what purpose do you rise? 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will. Leader Righter.
Senator Schoenberg, I was also one of those that opposed the bill when it passed through the Senate the first time. Can you -- and I know you -- you’ve referenced areas of change, including the, I believe, the size of the contracts. Can you -- can you elaborate, a little more specificity with exactly what the House changed over there on those issues that lifted that opposition? I think it’d be helpful to people in the Chamber if they knew a little more.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Schoenberg.
Yes. The -- the very -- the project -- the project budget threshold, there was an issue on that, as well as the -- originally, a number of years ago, the Mechanical & Specialty Contractors had negotiated with CDB to set some time limits within a restricted budget time frame. The number of projects, the length of time, and the budget threshold were all -- were three issues that were specifically identified in -- with discussions that occurred with the opponents on the House side, at the Capital Development Board. We’ve seen how the -- we -- we’ve seen how the single prime method in a very limited test run has been relatively successful in reducing costs. Through those negotiations and reducing the scope of the 2.0 version of 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 this, that in turn satisfied those concerns and lifted the opposition.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Righter. Further discussion? Is there any further discussion? Seeing none, Senator Schoenberg, to close.
I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1352. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Yea, 5 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 2 to Senate Bill 1352, and the bill is declared passed. Ladies and Gentlemen of the Senate, with leave of the Body, we will return to page 60, on the Order of House Bills 2nd Reading - on page 60. Leader Schoenberg, on House Bill 1293. He indicates he wish to proceed. Madam Secretary, please read the bill.
House Bill 1293, offered by Senator Schoenberg. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Have there been any Floor amendments approved for consideration?
41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Floor Amendment 2, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator, to explain your amendment.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 eliminates all the opposition that had previously existed on this relating to the equilibrium of the fee structure for foreclosed property sales. And I’d be happy to debate it further on -- when the bill is on 3rd Reading.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 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 LIGHTFORD) 3rd Reading. Ladies and Gentlemen of the Senate, we will be going to the Order of House Bills 3rd Reading. House Bills 3rd Reading, on page 57. The bottom of page 57. House Bills 3rd Reading. Senator Steans, on House Bill 132. Senator Steans. Out of the record. Senator Hutchinson, on House Bill 212. Senator Hutchinson. Out of the record. On the top of page 58. President Cullerton, on House Bill 219. Out of the record. Senator Wilhelmi, on House Bill 267. Out of the record. Senator Harmon, on House Bill 363. Senator Harmon. Out of the record. Senator Althoff, on House Bill 1095. Senator Althoff. She indicates she wish to proceed. Mr. 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Secretary, please read the bill.
House Bill 1095. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.
Thank you very much, Madam President. House Bill 1095 is an initiative of Representative Dugan in response to a school fire in her district. And what this legislation does is it prohibits the use of a rebuilt flame safeguard control in forced air heating equipment in any non-residential structure, excluding production of -- agricultural structures. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 1095 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 54 voting Yea, 0 voting Nay, 0 voting Present. House Bill 1095, having received the required constitutional majority, is declared passed. Melissa Leu, Illinois Statehouse News, requests permission to video. Leave is granted. Senator Haine, on House Bill 1151. Out of the record. With leave of the Body, we will return to House Bill 1197. Senator Wilhelmi, on House Bill 1226. He indicates he wish to proceed. Mr. Secretary, please read the gentleman’s bill. 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
House Bill 1226. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi.
Thank you, Madam President, Members of the Senate. House Bill 1226 modifies how subcontractors submit claims against bonded public projects. Does so in the following ways: First, it requires additional notice of a claim in advance and requires that this notice be sent via personal service or certified mail; second, it requires the claimant to give additional detail about the contract, including what has been paid and what is still owed; and, lastly, it limits the period for which a claimant can take action on a claim. This is an initiative of the Illinois State Bar Association and the Chicago Bar Association, and I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 1226 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 48 voting Yea, 4 voting Nay, 0 voting Present. House Bill 1226, having received the required constitutional majority, is declared passed. Senator Hunter, on House Bill 1355. Senator Hunter. Senator Hunter. Out of the record. Senator Jacobs, on House Bill 1368. Senator Jacobs. Out of the record. Senator Wilhelmi, on House Bill 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 1444. He indicates he wish to proceed. Mr. Secretary, please read the gentleman’s bill.
House Bill 1444. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi.
Thank you, Madam President. House Bill 1444 provides that privately held entities with more than two hundred shareholders - the current threshold is four hundred - may submit disclosure information required by federal law and the names of any person or entity holding any ownership share in excess of five percent, rather than individual shareholder disclosure forms. I want to let the Body know that in Exec, it was my understanding that the amendment had been released and I referenced to the Executive Committee that that threshold would be lowered to one hundred, but, in fact, the underlying bill will -- is what’s before us today and the threshold will be lowered from four hundred to two hundred, not from four hundred to one hundred. I know of no opposition and I ask for your support.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none -- oh! Excuse me. Senator Righter, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield, briefly, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 He indicates he will. Senator Righter.
Senator Wilhelmi, can you walk through again the tail end of that explanation about an amendment and lowering the threshold to one hundred versus two hundred, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Wilhelmi.
Sure. Senator, there was a -- a company, I was made aware of by the Illinois State Chamber of Commerce, that wanted to lower that threshold from two hundred to one hundred. Believe it was Cargill. After analysis by Cargill, they realized that the two hundred level would be fine by them, that that two hundred threshold works for them, as well as other institutions that want to be able to use the federal disclosure requirements, rather than what was in the original Senate Bill 51 from last year. I hope that answers your question, Senator.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no further discussion, Senator Wilhelmi, to close.
I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 1444 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 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 1444, having received the required constitutional majority, is declared passed. Senator Dillard. Senator Dillard, on House 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Bill 1663. Out of the record. Senator Wilhelmi -- excuse me, Senator Raoul. Senator Raoul, on House Bill 1698. Out of the record. Senator Harmon, on Senate -- House Bill 1717. Senator Harmon. Out of the record. Senator Raoul. House Bill 1719. Out of the record. Senator Sullivan, on House Bill 1723. Senator Sullivan. Out of the record. On the top of page 59, House Bills 3rd Reading. Senator Hutchinson, on House Bill 1883. Out of the record. Senator Trotter, on House Bill 1957. Out of the record. Senator McCann, on House Bill 2089. Senator McCann. Out of the record. Senator Schoenberg, on House Bill 2934. He indicates he wish to proceed. Mr. Secretary, please read the gentleman’s bill.
House Bill 2934. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Schoenberg.
Thank you -- thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 2934 creates the Medicaid Maximization Act of 2011. It uses a mechanism that we applied earlier when we jumpstarted the hospital assessment and -- by enabling an interfund borrow of a very -- of up to nine hundred million for a very short period of time, less than forty days, which in turn generates the matching federal funds and takes advantage of an additional -- Medicaid reimbursement rate that’s now at fifty-seven percent. It’s soon going to expire and go down to fifty. So, we’re essentially making a short-term loan 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 to ourselves to get an estimated ninety to a hundred million dollars in new federal funding to pay for our Medicaid bills. We’ve all supported this in the past. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Madam President?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will. Senator Righter.
Thank you. Senator Schoenberg, it’s my recollection from committee that there was an amendment filed on this that had to do with hospital assessment payments, but that amendment was left in committee. So that’s not part of House Bill 2934. Is that correct?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Schoenberg.
That’s correct.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Thank you, Madam President. To the bill, if I might.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Absolutely. To the bill, Senator.
Thank you. I rise in support of House Bill 2934. What 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 this bill does and what it shows - and I thank the sponsor for his efforts in this - is to show that we can speed up the payment of our Medicaid bills without going out and borrowing billions of dollars and subjecting the taxpayers of this State to hundreds of millions of dollars in interest payments. That’s not necessary. This bill demonstrates that. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Schoenberg, to close.
I -- I urge -- I’m speechless. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) That’s a rarity. Good job, Senator Righter. The question is, shall House Bill 2934 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 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2934, having received the required constitutional majority, is declared passed. House Bill 2976. Senator Wilhelmi. Out of the record. House Bill 3036. Senator Harmon. Out of the record. House Bill 3038. Senator Harmon. Out of the record. House Bill 3188. Senator Frerichs. Out of the record. Senator Lauzen. House Bill 3276. Senator Lauzen. Out of the record. Senator Jacqui Collins, on House Bill 3285. Out of the record. Senator Lauzen, on House Bill 3308. Out of the record. Senator Muñoz, on House Bill 3329. Senator Muñoz. Out of the record. Senator Mulroe, on House Bill 3390. He indicates he wish to proceed. Madam Secretary -- Mr. Secretary, please read the bill. 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
House Bill 3390. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.
Thank you, Madam President, Members of the Senate. This bill -- currently, assault on a first responder is elevated to an aggravated assault. Under this bill, aiming a gun at a first responder will still be an aggravated assault, but if convicted, it’ll be a non-probationable offense. And it’s a felony -- Class 4 felony, one to three years. Before I conclude, I’d just like to thank Senator Haine, Jim Dodge and Jeremy LaMarche for helping craft a -- a tight bill to make it specific to actually pointing a gun at a first responder, which I think is a -- anyone who does that should be -- should go to jail. Thank you very much.
PRESIDING OFFICER: (SENATOR LIGHTFORD) You’re welcome, Senator. Is there any discussion? Senator Raoul, for what purpose do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
I agree with Senator Mulroe’s statement that anybody who points a gun at a police officer should go to jail. However, I do believe there’s a reason that we have a judiciary and we 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 should -- we -- we should leave discretion in the hands of judges to make that determination on a case-by-case basis. And for that reason, I’ll be voting a Present on this bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, Senator Mulroe, to close.
I would just comment that I do respect Senator Raoul’s position, but I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 3390 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Yea, 2 voting Nay, 2 voting Present. House Bill 3390, having received the required constitutional majority, is declared passed. Senator Sullivan, on House Bill 3414. Senator Sullivan. Out of the record. Ladies and Gentlemen of the Senate, please turn your attention to the top of page 60. House Bill 3450. Senator Muñoz. Senator Muñoz. Out of the record. Senator Mulroe, on House Bill 3636. Out of the record. Ladies and Gentlemen of the Senate, just a small reminder that today is the final action on 3rd bills -- bills that are on 3rd Reading. Final action. Deadline. Today, Senate deadline on House Bill 3rd Readings. Please move your bills today, right now, on House Bills 3rd Reading. I will return and move through the Calendar once again, on page 57. We’ll begin on page 57, the bottom of page 57, House Bills 3rd Reading. Senator Steans, on House Bill 132. Out of the record. Senator Hutchinson. Senator 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Hutchinson, on House Bill 212. Out of the record. President Cullerton, on House Bill 219. President Cullerton. Out of the record. Senator Wilhelmi, on House Bill 267. Out of the record. Senator Harmon, on House Bill 363. Out of the record. Senator -- Senator Haine, on House Bill 1151. Out of the record. With leave of the Body, we will return to House Bill 1197. Senator Hunter, on House Bill 1355. Senator Hunter. Out of the record. Senator Jacobs, on House Bill 1368. Out of the record. Senator Dillard, on House Bill 1663. Out of the record. Senator Raoul, on House Bill 1698. Out of the record. Senator Harmon, on House Bill 1717. Out of the record. Senator Raoul, on House Bill 1719. Out of the record. Senator Sullivan, on House Bill 1723. Senator Sullivan. Out of the record. Senator Hutchinson, on House Bill 1883. Senator Hutchinson. Out of the record. Senator Trotter. Leader Trotter, on House Bill 1957. Leader Trotter. Out of the record. Senator McCann, on House Bill 2089. Out of the record. Senator Wilhelmi, on House Bill 2976. Out of the record. Senator Harmon, on House Bill 3036. Senator Harmon. Out of the record. Senator Harmon, on House Bill 3038. Out of the record. President Cullerton, on House Bill 3188. President Cullerton. Out of the record. Senator Lauzen, on House Bill 3276. Out of the record. Senator Jacqui Collins, on House Bill 3285. Out of the record. Senator Lauzen, on House Bill 3308. Out of the record. Senator Muñoz, on House Bill 3329. Senator Muñoz. Out of the record. Senator Sullivan, on House Bill 3414. Senator Sullivan. Out of the record. Senator Muñoz, on House Bill 3450. Senator Muñoz, on House Bill 3450. Out of the record. Senator Mulroe, on House Bill 3636. Out of the record. Senator 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Crotty in the Chair.
PRESIDING OFFICER: (SENATOR CROTTY) Now with leave of the Body, we’ll return to House Bill 1197. Senator Lightford. Senator Lightford seeks leave of the Body to return House Bill 1197 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1197. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1197 is the trailer bill to the Senate Bill 7 education reform bill that we passed over to the House earlier in Session. This was an issue that the Chicago Teachers Union brought up. They felt that there had been some misinformation in the legislation. We wanted to make sure that everyone was still in -- consistent as an agreement and that we had good education reform. This amendment would clarify all of the mishaps. It would clean up all of the language that needed to be cleaned up as it relates to mediation impasse. It clarifies the disputes over Section 4.5. It establishes the denominator for a strike authorization vote. It removes the City of -- Colleges of Chicago from the impasse procedure, which was never the intent of the legislation. I’d be happy to answer more questions as needed, Madam President. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CROTTY) 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Is there any discussion? Senator Maloney.
Thank you, Madam President. I just -- to the bill: I think that this is another example of Senator Lightford’s skill as a negotiator, in recognizing the problems that we had with the first bill, and just did a terrific job with it. And I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR CROTTY) Any other discussion on the amendment? There being none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. 3rd Reading. I’m sorry. Mr. President {sic}, is there any other Floor amendments?
Yes. Floor Amendment No. 2, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR CROTTY) I’m sorry. Senator Lightford.
Thank you, Madam President. Just as I’ve stated earlier, this is the cleanup legislation for Senate Bill 7, our -- our grand education reform bill, and I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and that amendment is adopted. Are there any other Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 3rd Reading. Now on the Order of 3rd Reading is House Bill 1197. Senator Lightford, do you wish to proceed? Mr. Secretary, read the bill.
House Bill 1197. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1197, as amended, brings together education reform as a complete agreement amongst all parties. I am so blessed and pleased to present this trailer bill in keeping with the underlying agreement of working together and collaborating on education, including all stakeholders across the State. This initiative brings everyone back together. I -- I -- I’d hope for your Aye vote and I look forward to answer questions as needed.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 1197 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 5 voting Nay, none voting Present. House Bill 1197, having received the required constitutional majority, is declared passed. Now, with leave of the Body, we will return to House Bills 2nd Reading. In the middle of page 60 is House Bill 1577. Senator Haine. 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Senator Haine, on House Bill 1577. Mr. Secretary, read the bill.
House Bill 1577. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR CROTTY) Have there been any Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Now, with leave of the Body, we’ll return to page 66. On Secretary’s Desk, Concurrence, Senate Bills, we have Senate Bill 2268. Senator Harmon. Mr. Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 2268. Signed by Senator Harmon.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. The underlying bill that we passed out of the Senate, Senate Bill 2268, is an initiative of the Cook County State’s Attorney’s Office and is a modernization of the forfeiture laws. The House has offered an amendment that does two modest and 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 reasonable things. It clarifies some of the provisions relating to the finding of probable cause and it conforms the forfeiture provisions to some other related forfeiture Acts. I would move to concur in the House amendments and I’d hope you would join me.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall the Senate concur in House Amendments {sic} No. 2 to Senate Bill 2268. All those in favor will say Aye. Opposed, Nay. On that question -- oh! Those voting Aye. Opposed, Nay. The Ayes have it. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that motion, there are 55 voting Yes, none voting none -- No -- none voting Nay, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments {sic} No. 2 to Senate Bill 2268. The -- the bill is declared passed. The Senate will stand at recess until the hour of 12:45. The Senate is at recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR MUÑOZ) Senate will come to order. Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following, to wit: 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Senate Bill 1177. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 2. It passed the House, as amended, May 27th, 2011. Mark Mahoney, Clerk of the House. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 959. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1. We have received a like Message on Senate Bill 1539, with House Amendments 4 and 5. They passed the House, as amended, May 27th, 2011. Mark Mahoney, Clerk of 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 passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to -- to wit: House Bill 815. We have received a like Message on House Bill 3108. It passed the House, May 27th, 2011. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR MUÑOZ) 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Madam Secretary, House Bills 1st Reading.
House Bill 815, offered by Senator Koehler. (Secretary reads title of bill) 1st Reading of this House bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The members of the Committee on Assignments will come to the President’s Anteroom immediately. The Senate will stand at ease. (at ease) Senate will come to order. Madam Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Executive Committee - Floor Amendment 2 to Senate Bill 175, Floor Amendment 4 to House Bill 363, Floor Amendment 3 to House Bill 1698 and Floor Amendment 4 to House Bill 3188; refer to the Labor Committee - Senate Resolution 211; Be Approved for Consideration - Floor Amendment 3 to Senate Bill 342, Floor Amendment 3 to Senate Bill 343, Floor Amendment 3 to Senate Bill 344, Floor Amendment 3 to Senate 345, Floor Amendment 2 to House Bill 1355, and Senate Resolution 249. Signed by Senator James F. Clayborne, Chairman. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Criminal Law Committee - Motion to Concur with House Amendment 3 to Senate Bill 1837, Motion to Concur with House Amendment 1 to Senate Bill 2040 and Motion to 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Concur with House Amendment 2 to Senate Bill 2151; refer to the Executive Committee - Motion to Concur with House Amendment 1 and House Amendment 2 to Senate Bill 1907; refer to the Financial Institutions Committee - Motion to Concur with House Amendment 1 to Senate Bill 87; refer to the Judiciary Committee - Motion to Concur with House Amendment 1 to Senate Bill 1824; refer to the Local Government Committee - Motion to Concur with House Amendment 1 to Senate Bill 1686 and Motion to Concur with House Amendment 1 and 2 to Senate Bill 1688; refer to the Redistricting Committee - Floor Amendment 1 to Senate Resolution 249 and Motion to Concur with House Amendment 2 to Senate Bill 1177. Signed by Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR MUÑOZ) Ladies and Gentlemen of the Senate, the following committees will be meeting to take up Floor amendments and motions to concur: the Senate Redistricting Committee will meet today at 2:50 p.m. in Room 212; Senate Executive Committee will meet today at 3:50 p.m. in Room 212. Senator Holmes, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please state your point.
Yes, I would like us all -- take the opportunity to welcome a group of eighth-grade students from Bednarcik Junior High. They live right in my neighborhood. Please welcome them to Springfield. 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
PRESIDING OFFICER: (SENATOR MUÑOZ) Will our guests in the gallery please rise? Welcome to Springfield. Senator Righter, for what purpose do you seek recognition?
Thank you, Mr. President. Senate Republicans would request a caucus in Leader Radogno’s Office immediately upon recess, for one hour, please.
PRESIDING OFFICER: (SENATOR MUÑOZ) That request is always in order. Stand corrected. Senate Republicans have moved to recess the Senate for purposes of one- hour period for caucus. Seeing no objection, the motion to recess is granted. The Senate now stands in recess to the call of the Chair. The Redistricting Committee will convene promptly in one hour in Room 212. The Senate will reconvene after committee meetings for committee reports and further Floor action. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR MUÑOZ) Senate will come to order. Madam Secretary, Committee Reports.
Senator Raoul, Chairperson of the Committee on Redistricting, reports Senate Amendment 1 to Senate Resolution 249 recommended Do -- Do Adopt; and Motion to Concur on House Amendment 2 to Senate Bill 1177 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR MUÑOZ) 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1933. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1. It passed the House, as amended, May 27th, 2011. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR MUÑOZ) Will all Members -- Senate please come to the Floor? All Members, please come to the Floor. We’ll be going to final action. Ben Yount, Illinois Statehouse News, seeks leave to video the Senate Floor. There being no objection, leave granted. House Bill 212. Senator Hutchinson seeks leave of the Body to return House Bill 212 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 212. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Hutchinson.
Thank you, Mr. President. House Bill 212 -- the -- is -- 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 is an amendment that actually makes clear that all taxing bodies have to agree to handle what’s in the bill and I’d be happy to answer it on 3rd.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? 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?
Floor Amendment 2, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Hutchinson.
House Bill 212 amends the Property Tax Code and would allow two disadvantaged municipalities to enter into an intergovernmental agreement and abate the property taxes levied by the municipalities and the local school districts for property located within a business corridor. A business corridor can only encompass land along a common border of the municipalities that is underdeveloped, undeveloped, or is not likely to be developed without the creation of a business corridor. The amendment, as I said early {sic}, clarifies that taxing districts must vote to have their taxes abated -- opposed to them being forced to abate their taxes. This is a technical change and it makes this part crystal clear. And I would ask for your support.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Is there any discussion? There being none, all those in favor will say Aye. Opposed, Nay. The 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Now on the Order of 3rd Reading, House Bill 212. Senator Hutchinson. Madam Secretary, read the bill.
House Bill 212. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Hutchinson.
Thank you. I just explained the amendment. This -- we did a lot of work and we actually heard this bill three times in Revenue just to make this clear and alleviate concerns. And I would ask for your support.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, question is, shall House Bill 212 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 Yea, 0 voting Nay, 0 voting Present. House Bill 212, having received the required constitutional majority, is declared passed. House Bill 219. Senator Cullerton. Out of the record. House Bill 267. Senator Wilhelmi. Out of the record. House Bill 363. Senator Harmon. Out of the record. 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 House Bill 1151. Senator Haine. Out of the record. House Bill 1355. Senator Hunter. Out of the record. House Bill 1368. Senator Jacobs. Out of the record. House Bill 1663. Senator Dillard. Out of the record. House Bill 1698. Senator Raoul. Out of the record. House Bill 1717. Senator Harmon. Out of the record. House Bill 1719. Senator Raoul. Out of the record. House Bill 1723. Senator Sullivan. Out of the record. House Bill 1883. Out of the record. House Bill 1957. Senator Trotter. Out of the record. House Bill 2089. Senator McCann. Out of the record. House Bill 2976. Senator Wilhelmi. Out of the record. House Bill 3036. Senator Harmon. Out of the record. House Bill 3038. Senator Harmon. Out of the record. House Bill 3188. Senator Frerichs. Out of the record. House Bill 3276. Senator Lauzen. Out of the record. House Bill 3285. Senator Collins. Out of the record. House Bill 3308. Senator Lauzen. Out of the record. House Bill 3329. Out of the record. House Bill 3414. Senator Sullivan. Madam Secretary, indicates he wishes to proceed. Senator Sullivan seeks leave of the Body to return House Bill 3414 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading, House Bill 3414. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sullivan.
Thank you, Mr. President. The amendment changes the chair of the Green Governments Coordinating Council from the 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Lieutenant Governor to the Governor’s Office. It tasks the Governor’s Office to staff the Council. It tasks each State agency to submit an annual environmental plan and makes a couple other changes. I’d be happy to discuss it further on 3rd.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, House Bill 3414. Madam Secretary, read the bill.
House Bill 3414. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. House Bill 3414 creates the Illinois Main Street Act. The Department of Commerce and Economic Opportunity has been administering the program for several years. This seeks to formalize that intergovernmental agreement. I already talked about the changes in the amendment and I know of no opposition to the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? Senator Pankau, 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 for what purpose do you rise?
Thank you, Mr. President. To the bill: I urge everybody to vote for this bill. The mainstream {sic} program was originally in the Lieutenant Governor’s Office, as was the -- the Green Government Council program. Both of these programs were there. When we no longer had a -- a Lieutenant Governor, they were moved to other places. This formalizes it and they needed -- the programs needed to find a home. However, I would like to mention to the Body that in the committee when we heard testimony, we also had the Lieutenant Governor’s Office come up, and right now that office only has two programs remaining under the Lieutenant Governor’s jurisdiction and -- under her authority. Maybe it is time for this Body to look at eliminating that office altogether. It’s only an idea that I think many of us have had from time to time, but has not been formalized. So I urge everybody to vote Aye on this and let’s look to the future and maybe streamline State government a little bit more. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) No further discussion. Senator Sullivan, you wish to close? The question is, shall House Bill 3414 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, 0 voting Nay, 0 voting Present. House Bill 3414 received the required constitutional majority, is declared passed. Chris Brooks, WICS-TV, requests leave to videotape the Senate. Leave is granted. House Bill 3450. Out of the record. 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 House Bill 3636. Senator Mulroe. Out of the record. With leave of the Body, we’ll be returning to House Bill 3038, 3rd Reading. Senator Harmon. Indicates he wishes to proceed. Madam Secretary, read the bill.
House Bill 3038. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. And thank you for allowing us to return to this order. House Bill 3038 is very similar to Senate Bill 1652, which passed out of the Senate without any opposition. I’ve learned that the House apparently has other designs on Senate Bill 1652, which would necessitate me to pass this bill, if it were to become law. Very simply, with the evolving maturity of the alternative retail energy supply marketplace, this bill would update the provisions under which a customer could switch between an incumbent utility and an alternative retail supplier in -- in a way that makes sense. I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Is there any discussion? There being none, the question is, shall House Bill 3038 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 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 are 58 Yea, 0 Nay, 0 voting Present. House Bill 3038, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll be going to House Bill 219, 3rd Reading. President Cullerton wishes to proceed. Madam Secretary, read the bill.
House Bill 219. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) President Cullerton.
Thank you, Mr. President, Members of the Senate. House Bill 219 was sponsored by Representative Beaubien and he called me and asked me if I would sponsor it. So I took him up on the offer. I was unaware of the fact that it was proceeding into the -- in the House. This is a bill that’s supported by the State Police, Department of Transportation and the National Transportation Safety Board. It would require that everyone traveling in a motor vehicle to use a seatbelt, regardless of where they are seated. So it would apply, of course, to people sitting in the backseat. I had earlier, a number of years ago, passed a law requiring sixteen- and seventeen-year-olds to wear a seatbelt in the backseat. This would have an exemption for folks who are in an emergency vehicle or in taxicabs. Once again, the current law that we have applies only to those who are sitting in a vehicle who are under nineteen. This would expand that to all folks. It should result in the saving of lives. If you look at the statistics, there were fatalities, 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 rear seat fatalities, when the seatbelt was not used. And last year, we have statistics, it was thirty-eight folks died, unfortunately, because they weren’t wearing the seatbelt. There were, of course, were crashes that were unsurvivable when they were wearing a seatbelt, but there were only fifteen that died. So, this -- this bill is going to definitely save lives. Be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Righter, for what purpose do you seek recognition?
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Just -- I know now it’s kind of toned down a little bit. I think, obviously, because the Senate President was up speaking, but a little bit earlier it was a little noisy. I just wanted to make sure that everyone’s paying attention to what the Senate President’s bill does. We all have different districts. We all have divergent opinions back home in our districts about the efficacy of seatbelts, and whether or not expanding State law to require seatbelts in the backseat is -- is a controversial matter. So please pay attention to what your folks are saying back home. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) Any discussion? President Cullerton, to close.
70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Yes, thank you, Mr. President. Just to sum up, again, this is a -- a bill that is a bipartisan bill. Representative Beaubien’s Republican; he sponsored it. I learned after he passed it that there are twenty-five states and DC that require seatbelts to be used in the front and rear seats, including Indiana, Kansas, Louisiana, Minnesota, New Jersey and Texas. So, I think it’s something which its time has come, and again, when you push that green button, you’re going to be saving lives. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 219 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 30 voting Yea, 23 voting Nay, 0 voting Present. House Bill 219, having received the required constitutional majority, is declared passed. Going to Supplemental Calendar No. 1, on Order of Concurrences, Senate Bill 1177. Senator Raoul wishes -- indicates he wishes to proceed. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1177. Filed by Senator Raoul.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This moment marks the culmination of last couple of 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 years of having hearings throughout the State to solicit input on the process of redistricting and input on how we should draw our maps. Earlier today, the House of Representatives passed Senate Bill 1177, amended by House Amendment 2, which contains the Illinois Redistricting Act of 2011. The legislation is identical to Amendment 1 of Senate Bill 1176, which we’ve had here. And it contains modifications to Senate Bill 1175, for which we’ve had three hearings within the last week, in conjunction with the House, hearings beginning last Saturday. We heard from various witnesses in the course of having hearings of what they’d like to see and we heard from witnesses in the hearings we most recently had. And a couple of witnesses had very short testimony and the essence of their testimony was thank you - thank you for listening to us in the hearings that we had. There was one from a gentleman in East Rogers Park, who was thanking us for -- responding to his request to keep his community together. And there were two gentlemen, just earlier this week in Springfield from Shelby County, who were thanking us. We’ve also heard from witnesses that wanted modifications and this plan reflects some of that testimony. Today, I want to focus our discussion on the merits of the map proposal. Senate Bill 1177 contains language aimed at meeting our obligation to draw Legislative and Representative districts in accordance with the law. In accordance with Article IV, Section 3 of the Illinois Constitution and Article I, Section 2 of the United States Constitution, the legislation before this committee {sic} today accomplishes the task of redrawing the boundaries of the Illinois Legislative and Representative districts in order to account for population shifts since the 2000 census. In 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 establishing boundaries for Illinois Legislative and Representative districts in this proposal, the following redistricting principles were taken into account: First, each of the districts contained in the General Assembly Redistricting Act of 2011 were drawn to be substantially equal in population, so that as nearly as practicable the total population deviation between districts is zero; secondly, each of the districts contained in the General Assembly Redistricting Act of 2011 was drawn to be consistent with the United States Constitution; third, each of the districts contained in the General Assembly Redistricting Act of 2011 was drawn to be consistent with the federal Voting Rights Act, where applicable; fourth, each of the districts contained in the General (Assembly) District -- Redistricting Act of 2011 was drawn to be compact and contiguous, as required by the Illinois Constitution; fifth, each of the districts contained in the General Assembly Redistricting Act of 2011 was drawn to be consistent with the Illinois Voting Rights Act, where applicable; each of the districts contained in the General Assembly Redistricting Act of 2011 was drawn to take into account the partisan composition of the district and of the plan itself. Additionally, each of the districts contained in the General Assembly Redistricting Act of 2011 was drawn to reflect the balance of the following redistricting principles: the preservation of the core or boundaries of the existing districts; the preservation of communities of interest; respect for county, township, municipal, ward, and other political subdivision boundaries; the maintenance of incumbent-constituent relationships and tracking of population migration; proposals or other input submitted by 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 members of the public and stakeholder groups; public hearing testimony; other incumbent requests; respect for geographic -- geographic features and natural or logical boundaries; and other redistricting principles recognized by state and federal court decisions. In our recent three public hearings, a broad of -- array of perspectives were offered. Witnesses haven’t always agreed, but -- but they each have been respectful, and I suspect they -- they appreciated their opportunity to testify. As promised, it’s been a week -- it’s been a week and a day since we unveiled our redistricting proposal. This proposal is, again, in accordance with the parameters set by the U.S. and State Constitution. It is in accordance with the federal and Illinois Voting Rights Act. It takes into account recommendations we received at our many hearings. And I respectfully ask and urge that we all support this proposal. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Dillard, for what purpose do you seek recognition?
Thank you, Mr. President and Members. I rise in opposition to the motion to concur in Senate Bill 1177 and I wish to address three things. Two of ‘em are legal concerns and one of ‘em is a -- a basic fairness concern. First of all, with the issue of compactness of the map that’s before us, under the most recognized and followed test for compactness, which is the Polsby-Popper ratio of the area of the district to the area of the circle having the same perimeter, this map is 20.2 percent less compact than the map that we operate under today, and it’s 26.4 percent less compact than something that we put out 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 yesterday called the Fair Map. And the Fair Map is a process where we take Section 2 Voting Rights Act districts and we fill them in. And I would add that there are more minorities, African American and Latinos, represented in the Republican Fair Map proposal than in Senate Bill 1177. But under the Fair Map, which we released yesterday, your map is really not compact whatsoever. The communities of interest, which is something that is a big concern, that we heard hearing after hearing after hearing that people wanted to keep their municipalities and their counties intact - and it’s interesting, after listening to all that testimony, this map splits even more municipalities in the House than -- than does the current map we operate under. In fact, seventeen more cities in this State are split up under Senate Bill 1177 than the map we’re all elected on to serve here today. And, in fact, you split forty-two more communities than our Fair Map and thirty-seven percent -- or thirty-seven more municipalities in the Senate than the Fair Map. And when it comes to counties, and counties certainly are a community of interest, we’re proudly -- many of us here, you know, we -- we love to say what county we’re from, whether it’s Iroquois County, where Senator Cultra’s from, or my own beloved DuPage County. Sometimes we get lumped together as -- as counties. So when it comes to counties, you split 10.7 percent more counties in the Senate than does the Fair Map and you split about forty percent more counties than the House in the Fair Map proposal. And one of the things that we heard over and over and over again in our hearings from Latino groups, such as the Latino Policy Forum and MALDEF - and MALDEF is the national group most concerned with the legal rights of -- of Mexican Americans - 75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 they came in and talked about a lot of things, but one of the things they said repeatedly was that Little Village in Chicago was a community of interest. I mean, I got that one pounded into my head time and time again. And they said, “Please, please, please keep Little Village together.” But this map, Senate Bill 1177, splits Little Village into two -- two districts, both in the House and in the Senate. One thing I do want to correct is that Representative Currie on today -- or today on the Floor, if I heard her correctly, said that MALDEF asked for the split of Little Village. But MALDEF’s plan did not - it did not split Little Village. And then just to close, Mr. President and Members, this is Memorial Day weekend, and with all due respect to the people that are out there, the public, I have a feeling that most members of the public have something else on their mind, -- matter it’s -- perhaps getting safely to wherever they’re going to go. People travel over Memorial Day weekend. But the public’s a little bit distracted. It’s Memorial Day weekend. It’s honoring our dead. It’s traveling to see our families. And here we are on Memorial Day weekend. With respect to transparency, I would say if -- other than perhaps the holidays in December, you couldn’t really pick a worse time to roll out a map for transparency purposes than on Memorial Day weekend. I said in committee that if this is the most open and transparent process in the history of the State of Illinois, that’s like comparing the KGB to the CIA. This mapmaking process has stunk in Illinois for forty years, ever since the people of this State -- and I couldn’t vote, ‘cause I wasn’t eighteen years old, to ratify the Constitution of 1970, when this process was implemented. This process, barring one 76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 time, has never, ever been fair with respect to the redistricting of our State. In fact, Illinois’ redistricting process to me is rotten to the core. It just doesn’t work. And one thing that we have really learned over the last several years in this State is that Illinois works best - and I’ve been around here a long time - this State works best when there is a two-party system. And to a letter, most of you, I think, agree with me that, when we have a two-party system, things in this State are much fairer and they work a lot better. It’s a lot easier to reach consensus on tough decisions when there’s a two- party system. Two heads are better than one, and so is it when we come to make the difficult votes that make this State work; it’s best to have a bipartisan either blame or credit for the things that take place here. And then my last point is that there is a better way to do this in the year 2011. And I’ve seen this mapmaking process a number of times. The computerization that is available to us today is so different. They couldn’t even have envisioned at the Constitutional Convention in 1969 at the Old State Capitol over across the way the computerization ability that we have today. We have the greatest computer university -- computer science university in Urbana-Champaign in the world. And I would submit that the way to do a map is to do it what I call and the League of Women Voters calls the Fair Map way. You take care of your Section 2 of the Voting Act requirements. And I would point out that our own Republican Senator Everett Dirksen was the sponsor of the Voting Rights Act back in the 1960s in the federal Congress. You take care of all your Section 2 problems - and our map takes care of more Latinos and more African Americans than does your 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 map - but I would say after you do that, you let the computer pick the districts. That’s the way it ought to be done in 2011, not the way it is here. And I sadly get up and oppose Senate Bill 1177’s concurrence motion, no matter how much I admire its sponsor personally. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter, for what purpose do you seek recognition?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.
Thank you, Mr. President. Senator Raoul, we talked in the Redistricting Committee hearing we had, seems like just moments ago, about issues of political fairness and Section 2. So since the record’s kind of complete on those, I want to talk a little bit about issue of transparency, that you’ve talked much about. The map that is before this Chamber right now, in the form of an amendment to Senate Bill 1177, was filed for the public to first see about twenty-four hours ago. Do you think that twenty-four hours is a sufficient enough time for all the people who live in Illinois who choose to pay attention to this process to actually look at this map and understand its ramifications?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
I -- I believe it’s enough time, given that we released a map a week ago that’s largely the same as what we just released.
PRESIDING OFFICER: (SENATOR MUÑOZ) 78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Senator Righter.
Senator Raoul, do you believe, given the immense importance of this process, that even - I’ll give you the six additional days - even a week is long enough? To allow all the people in this State who want to examine this map and be plugged into this process, a week is long enough?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
Yes, based on testimony we received from groups like CHANGE Illinois! at our Cicero hearing and -- and other groups who requested specifically a week.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
Well, what they requested, Senator Raoul, was a week after you released your final map, which you did twenty-four hours ago. But let’s -- let’s -- let’s move on. It’s my recollection from the principles that you read a little bit earlier that compliance with Section 2 of the Voting Rights Act of 1965 was the most important principle in drawing this map. Is that correct?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
It is one of many factors, like I said earlier, one of many factors that we considered in totality.
PRESIDING OFFICER: (SENATOR MUÑOZ) 79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Senator Righter.
How important is it to you? As the sponsor of the map that, if it becomes law, will be the law for ten years, how important is that principle to you?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
It’s important to me that we consider that principle, along with many other factors that traditionally -- traditional redistricting factors. It’s important for me that we abide to the United States Constitution, to the Illinois Constitution, to federal and state court decisions, and other traditional redistricting principles, to the laws of the State of Illinois and to laws of our great United States of America.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
Thank you, Mr. President. Given the importance of the Voting Rights Act and Section 2, and given also the fact that the changes that were made between the map that you released a week ago and the one that popped out twenty-four hours ago were made largely to Section 2 areas, let me go back to the first question: Do you think that twenty-four hours is long enough for the public to fully absorb changes made in an attempt to comply with Section 2 of the Voting Rights Act? Is twenty-four hours long enough?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul. 80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
Since you went back to your first question, I’ll go back to my first answer. I believe it’s enough time. These are some of the changes we made and -- and why: The boundaries of Senate District 4 were adjusted to include the greater portion of Oak Park in Senate District 39, because on a written request -- because of a written request received from Oak Park official; the boundaries of Senate District 35 gained a large portion of Winnebago County, based on input from local officials; the boundaries of Senate District 44 and 48 were modified to place the Springfield Medical District within the Senate District 48, based on requests from the Medical District; the…
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
Thank you, Mr. President. Senator Raoul, we’ve just received information that the Mexican American Legal Defense and Education {sic} (Educational) Fund has issued their formal opposition to the map that you are now sponsoring. What’s your reaction to that?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
I wish I could have reached ‘em by phone when I was trying to get a full map from the Mexican American Legal Defense (and Educational) Fund of the -- a map proposal which we have yet to receive.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter. 81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
Thank you, Mr. President. I want to be clear, Senator. Are you suggesting that MALDEF has not given you or your staff suggestions for the way Section 2 districts ought to be drawn in this State for this map?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
I’m suggesting what I just said, that MALDEF has not given us a full map of the State of Illinois.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
Can -- can I take it from those words then, Senator Raoul, that the reason that you are not really concerned about their opposition is because they didn’t get you a full map?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
You can take the exact words that I said, and I did not say I was not concerned about their opposition. I’m concerned about your opposition. I’m hoping to get your vote. I’m -- I’m hoping to get everybody’s vote in here. I probably won’t, but I’m concerned about each and every one of you. I’m really concerned.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
You know, I think -- if I could just go to the gentleman’s 82 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 motion, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Proceed, Senator.
Thank you. Mr. President, Ladies and Gentlemen of the Chamber, before you, you have a map that splits more of your communities back home than the map that we have now, a map that is less compact in its districts than the map that we have now, a map that has fewer African-American districts than the one that we have now, and the one that falls so short of what MALDEF thought was appropriate in order to comply with the Constitution that they now are formally opposed. They are formally opposed to this map because they see the same thing that I see and other objective observers see, and that is that this map, if it becomes law, shortchanges people who are supposed to be protected by Section 2 and places this map in grave jeopardy in terms of litigation. You know, I want to talk a little bit about the transparency issue as well. This process for real started one week ago. I appreciate that there were a lot of hearings, and I went to ‘em, a lot of hearings across the State where interest groups - and oftentimes it was the same interest groups - came and testified and said this is what we’d like and that’s what we’d like. But the problem is, Mr. President, they were testifying in a vacuum, because no one had shown them what they were actually thinking about in terms of a legislative map. The people who were empowered to draw it weren’t showing anything yet. This process has been so transparent that you’ve had one week - the voters have had one week - the citizens have had one week to look at this. Then, one week ago, a map - not 83 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 this map, a different map - was filed on Senate Bill 1175. Then you moved shell bills - empty bills that, of course, had no map - Senate Bills 1177, 78 and 79, over to the House. Why? The sponsor said, in order to position them and get them ready to go. Get them ready to go for what? Get them ready to go for what you have here, which is the one-hour notice. Let’s get this train moving. Let’s not let the public look very hard or look very long. Let’s just get this thing moving. Then twenty- four hours ago, you filed a map on 1176 over here. So you diverted people’s attention to that. And the reason I know that is because I’m looking at your website. And your website says that the map’s going to be on Senate Bill 1176. And yet we’re voting on Senate Bill 1177. I can’t imagine. Can you imagine how it is that your people back home can’t keep up with this process? The people sitting in this Chamber can barely keep up with this process. This process has moved so fast that your own renowned expert, Dr. Lichtman, who has a resume that stretches from here to my hometown, according to the Majority Leader in the House of Representatives, hasn’t seen these lines. He hasn’t seen these lines. The person on whom the sponsor relied on a dozen times or more to say this map is clearly constitutional when it comes to Section 2 hasn’t seen the lines that are supposed to make it constitutional in the first place. Mr. President, I appreciate, as I know you do and everyone else in this Chamber, the value of certain words in politics, like public input and transparency. But sometimes, just once in a while, on issues this big, those words need to be bigger than just words that are long enough to fill in on a website or in a press release. Transparency’s a real world -- word. And if 84 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 there’s one word -- any word you’d use to define this process, transparency is nowhere in it. I urge a No vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Harmon, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.
Thank you, Mr. President. Senator Raoul, on page 3,825 of House Amendment No. 2, the Illinois Voting Rights Act is amended and contains a new Section providing that the General Assembly Redistricting Act of 2011 complies with all of the requirements of the Illinois Voting Rights Act. As the sponsor of this bill, what is the purpose and legislative intent behind this provision?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
Thank you, Senator Harmon. In consultation with the House sponsor, Barbara Flynn Currie, the purpose and -- and legislative intent behind this provision is to establish as a matter of law that the redistricting plan and districts contained therein this bill -- therein in this bill are in full compliance and not violative of the Illinois Voting Rights Act.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Harmon.
85 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Thank you, Mr. President. Senator Raoul, by your explanation as the sponsor of this bill, would I be correct then that a person could not state a claim for a violation of the Illinois Voting Rights Act against the redistricting plan or the district’s contained in the General Assembly Redistricting Act of 2011?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
Yes, that’s correct. I confirmed this point specifically with the House sponsor.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul, to close.
Thank you, Ladies and Gentlemen of the Senate. It was mentioned that this was the worst time to release a map, right before Memorial Day weekend. Well, we released a map a week ago and allowed people to look at it for a week so they can have input that we could consider. The party who says that it’s the worst time to release a map just released their map. You ought to take your own advice. And with regards to consideration of that map proposal, if you need -- if you suggest that it ought to be one -- more than one week to consider it, then we need more than one week to consider that proposal. But based on recommendations from CHANGE Illinois!, we’ve waited for more than one week for -- for the proposed map to be considered. Based on recommendations from the Illinois Campaign for Political Reform, we have a resolution that will follow that provides a narrative. We’ve had redistricting hearings 86 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 throughout the State. We’ve -- we’ve sought input - not just from the hearings, but from a website that we put up. We gave access to public work stations. We’ve had the most transparent and open redistricting process that has ever taken place in the State of Illinois, and nobody can deny that. Nobody can deny that. Ladies and Gentlemen, I urge your support for this fair and balanced map.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall the Senate concur in House Amendment 2 to Senate Bill 1177. 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 35 Yea, 22 Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 2 to Senate Bill 1177. The bill is declared passed. Continuing on to Supplemental Calendar, we’ll be going to Senate -- Order of Senate Resolution 249. Madam Secretary, read the resolution.
Senate Resolution 249, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR MUÑOZ) Are there any Floor amendments approved for consideration?
Yes. Floor Amendment 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
Floor -- Floor Amendment 1 contains a district by district breakdown of the fifty-nine Legislative districts. 87 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Righter, for what purpose do you seek recognition?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.
Thank you, Mr. President. Senator Raoul, when we last talked about this subject, I think it had been about two hours since this matter had been -- this 105-page resolution explaining why the lines are what they are in the map that just passed had been filed. I’m guessing it’s about three hours now. Have you had a chance to read it?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
I -- I actually read over it before -- before the hearing.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
Do you think that it is important for the public to have adequate time to read the narrative and understand why you put the lines where you put the lines in the bill that you just sponsored and passed and give them more than three hours in order to do that?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
88 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 I -- I think that given that we provided the map itself to be accessible online, so that the public can see it at a very street-level specific -- on a very street -- street-level specific basis on devices such as this iPad that I have in my hand right now, where I have the map, where I could go way down to the street level, I think it’s more than adequate.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter, before we go further, I’d like to adopt the amendment and then we can go back to you. Thank you. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Senator Righter.
Thank you, Mr. President. But, Senator Raoul, the reason that we have the resolution is to explain why the lines are where they’re at. So it’s great that you got the Google Earth thing going and all that, but the Google Earth going down to the pothole in the street doesn’t tell us why those lines are at where they’re at. So the question I have for you is, do you think three hours is sufficient for the thirteen million or so people who live in this State to have the foggiest notion about why you drew this map the way you did?
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.
Yes. Given that, again, we’ve done more than ever has been historically done, given that the public has had access to look at those lines we drew, given that we have had hearings with regards to the map, I think that it -- it is sufficient and it’s more than ever has been done. And this is my first 89 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 redistricting process that I’ve ever had an opportunity to take place in. Had I been around ten years ago, I would have suggested that this was done then, but it wasn’t.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.
To the gentleman’s resolution, if I might.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the resolution, Senator.
You know, Ladies and Gentlemen of the Senate, the sponsor just said that if he’d have been around ten years ago, he would have suggested it be done this way. I’ll remind you that the map that you just voted on and this resolution you’re about to be voting on justifies a map that is less compact, less politically fair, less African-American districts, and to which MALDEF is adamantly opposed. Now, given all of those problems, if you think that it was more than enough time for the voting public to read a 105-page resolution and understand it, to justify the map that had been out for twenty-four hours, then I suppose that my constituents and yours should feel grateful, shouldn’t grumble about this, because, gee, we got twenty-four hours to look at the map. Right? If you think that’s sufficient time for your people back home to understand a decision that you are going to make that is going to stand for ten years, you should vote for this. If you believe that the public’s being, at least marginally, insulted by this process, I would urge a No vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) 90 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 There being no other discussion, Senator Raoul, to close.
You know, it’s my understanding that the House and Senate districts are highly similar in compactness as compared to the current district configurations. I do appreciate the sudden interest and concern for the African-American community. I’ve been representing them for a while. I urge an Aye vote on this.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall Senate Resolution 249 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 35 voting Yea, 22 voting Nay, 0 voting Present. Senate Resolution 249, having received the required constitutional majority, is declared adopted. We have some committee announcements. Committee announcements. Judiciary will meet in Room 400 at 10:30 a.m. tomorrow. Criminal Law will meet in Room 212 at 10:50 a.m. tomorrow. Local Government will meet in Room 409 at 10:50 a.m. Executive will meet in Room 212 at 11:30 a.m. Financial Institutions will meet in Room 400, 11:15. We’ll stand at ease for a moment. (at ease) Senate will come to order. The Chair would like to rescind the committee announcements that was made earlier. Tonight, at 6:50 p.m., we will have Judiciary meet in Room 400. Again, Judiciary tonight, 6:50 p.m.; Criminal Law, 7 p.m., Room 212; Financial Institutions -- before Financial, we’ll go to Local Government. They will meet in Room 409, 7 p.m. Local Government will meet in Room 409, 7 p.m. Financial Institutions will meet in Room 400, 7:20 p.m. Financial Institutions, Room 400, 7:20 p.m. And 91 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 the Senate Exec, for right now, is canceled. The meeting is canceled for right now. We will announce committees again. Some people are confused by the committee announcements. We’ll do it again. Judiciary, in Room 400, 6:50 p.m. tonight. Criminal Law will meet in Room 212 at 7 p.m. Local Government will meet in Room 409, 7 p.m. tonight. Tonight, yes. Financial Institutions will meet in Room 400, 7:20 p.m. tonight. Criminal Law Subcommittee on Special Issues will meet in Room 212 at 6:59 p.m. Again, Criminal Law Subcommittee on Special Issues will meet in 212 at 6:59 p.m. …stand at ease for a few minutes, getting some paperwork together. (at ease) On page 4 of the Calendar, we’ll be going to 3rd Reading. Senate Bill 178. Senator Frerichs. Senator Frerichs seeks leave of the Body to return Senate Bill 178 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 178. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Frerichs.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Frerichs.
Thank you very much, Mr. President. And I’d be happy to -- the bill -- the amendment becomes the bill. I’d be happy to explain it on 3rd.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? 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 92 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Senate Bill 178. Indicates he wishes to proceed. Madam Secretary, read the bill.
Senate Bill 178. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Frerichs.
Thank you very much, Mr. President. Senate Amendment No. 1 to Senate Bill 178 does a few things. It empowers COGFA to oversee health care contracting decisions and disapproval of proposed contracts. If COGFA disapproves contracts proposed, contracts may not move forward unless approved by a joint resolution of the General Assembly. Cancels Fiscal Year 2012 procurement; extends the current existing contracts for a period of two years; and transfers State health care purchasing responsibilities back to Department of Central Management Services.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Schoenberg, for what purpose do you seek recognition?
To the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) 93 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 To the bill, Senator.
You know, I -- Mr. President and Ladies and Gentlemen of the Senate, I rise in reluctant, yet strong opposition to the bill. For a number of years, I’ve been the Senate Co-Chair of the Commission on Government Forecasting and Accountability. And I’m also proud to have been the chief sponsor of Senate Bill 51, which we all enthusiastically voted for, which changed the procurement laws significantly so as to eliminate influence from both internal and external sources on contracting decisions. There’s currently -- we’re -- this is in direct response to the Health Alliance controversy, which was currently before the Commission. I’ll tell you that in order to clarify what the Commission’s role was, Representative Bellock, who’s the House Co-Chair, and myself, we sought an opinion from the Attorney General on the scope of our authority. The Attorney General made a ruling. I’d be happy to share that ruling with you. It’s too long to read it in its entirety, but it says with unmistakable certainty that the Commission’s role is limited. It’s anticipated that there’s going to be litigation over this. It’s been publicly declared by Health Alliance that there’s going to be litigation over this. And because the -- and because of this, what we’re effectively doing is that we’re interjecting ourselves in the middle of an imminent court case. So I think this is incredibly untimely. I think that we should hold this, frankly, until we see how this one situation, which this legislation is designed to address -- and I respect the sponsor’s work on the Commission, but this -- this is a particular remedy to something which is about to go to court. 94 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 And I think it would be more timely if we held off on this legislation until we saw how that all is going to manifest itself. Failing to do all that, I would urge you to vote No, because otherwise, for -- for a -- for what’s potentially a billion-dollar procurement, we’re going to let seven people decide. And that means we will have essentially blown up all the checks and balances that we put into -- into Senate Bill 51 to preserve the integrity of competitive bidding process. We will have not only circumvented that, we will have reversed that and taken it back to the days before these tougher reforms. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter, for what purpose do you seek recognition?
Thank you, Mr. President. To the bill, if I might.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The bill makes no mention of Health Alliance, although you might have gotten the impression from what the previous speaker said. The bill clarifies the Commission on Government Forecasting and Accountability’s role in critical decision making in this State government. The simple fact is, that I - and I think most Members of the General Assembly - believe that the Legislature has some role to play, some check and balance, when it comes to major health care decisions made by the Executive Branch of government. But if that’s not good enough for you, there’s another provision in this bill that maybe you 95 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 will be more interested in. And that is, this bill rolls back former Governor Blagojevich’s executive order to move these decisions and this process into the Department of Healthcare and Family Services, which is not where they belong. The Department of Healthcare and Family Services is a health care and public assistance agency. What we’re talking about in this process is management. And management issues belong in the Department of Central Management Services, where they were before Rod Blagojevich put his hands on this. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Cultra, for what purpose do you seek recognition?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) …the bill, Senator.
You know, we talk about a -- a process, you know, and -- and you have to wonder about the process when you have a hundred thousand people that are going to be -- have to switch their health care provider, when a system is in place for them to visit the doctor and we make it -- and -- and the Governor’s Office, through a procurement process that is supposed to be better, makes a decision that leaves people without a place to go. There’s no network in my area, in the Champaign area, in the Springfield area, for Blue Cross Blue Shield to provide the services that Health Alliance provided. This bill would give us a vehicle to go back and relook at that. In my area, this is -- I’ve got more calls about this decision than anything else since I’ve been in the Legislature. This is a huge disruption to the 96 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 people in central Illinois. And I urge a strong Yes vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) There being no other discussion, Senator Frerichs, to close?
Thank you very much, Mr. President. There was a -- a reference made to Attorney General’s opinion, which was, I think, described as certain. I think it’s far from certain. I think it was -- the Attorney General mentioned this Body does have the ability to oversee changes in policy. And we think -- some of us think that this -- these awards represent a great shift in policy. But what this bill will do is it will clarify that. And some of the people on COGFA in the past have been strong advocates for legislative approval, legislative authority, and this codifies and makes sure that we continue to have that authority. I’d request a favorable vote. Thank you.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall Senate Bill 178 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 37 Yea, 12 Nay, 0 voting Present. Senate Bill 178, having received the required constitutional majority, is declared passed. Senator Sandoval, for what purpose you seeking recognition?
Thank you, Mr. President. I’d like to be recorded on the record as voting No. My button was stuck.
PRESIDING OFFICER: (SENATOR MUÑOZ) The record will reflect your intent, Senator. On page 61 97 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 of the Calendar, Senate Resolution 81. Senator Lauzen. Indicate he wishes to proceed. Mr. Secretary, read the resolution.
Senate Resolution 81, offered by Senator Lauzen. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Lauzen.
Thank you very much, Mr. President, for going to this order of business. Senate Resolution 81 is merely a -- a bill {sic} that protects the current -- recommends that the federal government protect the current treatment of carried interest in real estate transactions. One of the things that’s especially important in capital formation, investment and jobs is that there’s a predictable -- that there’s a predictable tax system in the country, and what this merely says is that we be consistent with how people treat this type of transaction on their tax return. I would just ask for the Senate’s support.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall Senate Joint {sic} Resolution 81 pass. All those in favor, vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 199. Senator Sandoval indicates he wishes to proceed. Mr. Secretary, read the resolution.
Senate Resolution 199, offered by Senator Sandoval. The Committee on State Government and Veterans Affairs adopted 98 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 Committee Amendment No. 1. And there are no committee -- there are no, excuse me, Floor amendments reported -- approved for consideration, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sandoval.
Thank you, Mr. President. Senate Resolution 199 is a -- is an initiative of the Federation of Women Contractors, the Hispanic (American) Construction Industry Association and the Illinois Black Chamber of Commerce. The resolution requires DCEO, Department of Insurance, Department of Transportation, and the Capital Development Board to report to the GA with recommendations to reform bonding requirements for minority- and women-owned businesses, entities, in public construction projects. I’d ask a favorable vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? The question is, shall Senate Joint {sic} Resolution 199 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. House Joint Resolution - Senator Syverson - 27. Indicates he wishes to proceed. Mr. Secretary, read the resolution.
House Joint Resolution 27, offered by Senators Syverson and Bivins. The Committee on Transportation adopted Amendment No. 1. There are no Floor amendments approved for consideration.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Syverson. 99 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011
Thank you, Mr. President. This is a -- is an agreement that’s worked out between the State of Wisconsin, Illinois, the Congressional delegations and the communities in southern Wisconsin and northern Illinois. And it designates the Rock River Valley Scenic Route. And know of no -- opposition to this. And it’s been something that’s been in the works for the last few years and would seek a -- a favorable roll -- vote on this.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? Seeing none, the question is, shall House Joint Resolution 27 pass. All those in favor will vote Aye. Opposed, Nay. As this resolution requires the expenditure of State funds, a roll call will be required. 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 Yea, 0 Nay, 0 voting Present. House Joint Resolution 27, having received the required constitutional majority, is declared adopted. Senate will stand at ease for a few minutes. Senator Crotty in the Chair. (at ease)
PRESIDING OFFICER: (SENATOR CROTTY) The Senate will come to order. I just would like to remind everyone that today is the deadline for 3rd Readings. If there’s -- if there’s anyone that has a bill on 3rd Reading that would like it moved, if you could please come up and let us know, I would appreciate that. Thank you. Remember this is the end of the -- the deadline for 3rd Readings. Thanks. (at ease) The Senate will come to order. The Senate will stand in recess to the call of the Chair. After committee meetings, the Senate 100 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 5/27/2011 will reconvene to receive committee reports. The Senate stands at recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR CROTTY) Senate will come to order. Madam Secretary, Committee Reports.
Senator Wilhelmi, Chairperson of the Committee on Judiciary, reports Motion to Concur with House Amendment 1 to Senate Bill 1824 recommended Do Adopt. Senator Koehler, Chairperson of the Committee on Local Government, reports Motion to Concur with Senate -- House Amendment 1 to Senate Bill 1686 and Motion to Concur with House Amendments 1 and 2 to Senate Bill 1688 recommended Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports Senate Amendment 2 to House Bill 2089 recommended Do Adopt; Motion to Concur with House Amendment 3 to Senate Bill 1837, Motion to Concur with House Amendment 1 to Senate Bill 2040 and Motion to Concur with House Amendment 2 to Senate Bill 2151, all recommended Do Adopt. Senator Link, Vice-Chairperson of the Committee on Financial Institutions, reports Motion to Concur with House Amendment 1 to Senate Bill 87 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR CROTTY) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 8:30 a.m. on the 28th day of May, 2011. The Senate stands adjourned. 101