Illinois General Assembly Floor TranscriptsBrowseSenate97th GA

Illinois Senate Floor Debate — November 9, 2011

97th General Assembly (2011-2012) · Legislative day 69 · Regular Session
Chamber
Senate
General Assembly
97th (2011-2012)
Date
November 9, 2011
Legislative day
69
Session
Regular Session
Speaker turns
369
Original
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John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) The regular Session of the 97th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Dr. Jerry Cain, Judson University in Elgin Illinois. Dr. Cain.

DR. JERRY CAIN

(Prayer by Dr. Jerry Cain)

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Please remain standing for the Pledge of Allegiance. Senator Jacobs, to lead us in the Pledge.

Mike Jacobs (D)

(Pledge of Allegiance, led by Senator Jacobs)

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Reading and Approval of the Journal.

Jillayne Rock

Senate Journal of Tuesday, November 8th, 2011.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

Mattie Hunter (D)

Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions.

Jillayne Rock

1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Senate Resolution -- 436, offered by Senator Crotty and all Members. Senate Resolution 439, offered by Senator Haine and all Members. Senate Resolution 440, offered by Senator Haine and all Members. Senate Resolution 441, offered by Senator Koehler and all Members. They are death resolutions, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar.

Jillayne Rock

Senate Resolution 434, offered by Senator McCann. Senate Resolution 435, offered by Senator Frerichs. Senate Resolution 437, offered by Senator McCann. And Senate Resolution 438, offered by President Cullerton. They are substantive.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Introductions of Senate Bills.

Jillayne Rock

Senate Bill 2524, offered by Senator Holmes. (Secretary reads title of bill) Senate Bill 2525, offered by Senator Sandoval. (Secretary reads title of bill) Senate Bill 2526, offered by Senator Sandoval. (Secretary reads title of bill) Senate Bill 2527, offered by Senator Sandoval. (Secretary reads title of bill) Senate Bill 2528, offered by Senator Forby. 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 (Secretary reads title of bill) 1st Reading of these Senate bills.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Messages from the House.

Jillayne Rock

A Message from the House by Mr. Mapes, 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 40. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1, 2, 3 and 4. We have received like Messages on Senate Bill 92, with House Amendment 2; Senate Bill 1226, with House Amendments 2 and 3; Senate Bill 1377, with House Amendment 1; Senate Bill 1640, with House Amendment 2; Senate Bill 1750, with House Amendments 1 and 2. They all passed the House, as amended, November 9th, 2011. Timothy D. Mapes, Clerk of the House.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland, for what purpose do you rise?

Michael Noland (D)

Thank you, Mr. President. A point of personal privilege, if I might.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.

Michael Noland (D)

Thank you. Ladies and Gentlemen of the Senate, I have with 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 me today, as you can see in the gallery, a number of constituents who I'm very proud of. They are all students, accompanied by parents and teachers, from Carpentersville School District 300. They are middle -- middle school students, about a hundred and fifty of them here today, representing another twenty-one thousand students, who have come down here as a civics lesson, to travel to the Capitol and to also make their presence known, and to impart to you their desire to pursue a quality education. So with that, I would ask you to provide them a warm Senate welcome. Thank you very much.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guests in the galleries please rise? Welcome to the Illinois State Senate. Senator LaHood, for what purpose do you rise? SENATOR LaHOOD: Mr. President, thank you. A point of personal privilege.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point. SENATOR LaHOOD: Mr. President, I'm joined here today by a good friend of mine from Peoria, Mr. Pat Sullivan. Mr. Sullivan is a developer in the Peoria area. He also owns Kelleher's Irish Pub. He's a -- a former Golden Gloves boxer, and he's here visiting the Capitol today. And I would -- he's going to be sitting next to me here, and I ask for a warm Springfield welcome for Pat Sullivan.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Sullivan, welcome to the Illinois State Senate. Madam Secretary, Committee Reports. 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Jillayne Rock

Senator Muñoz, Chairman of the Committee on Executive Appointments, reports Appointment Messages 128 and -- 167 recommended Do Advise and Consent. Senator Delgado, Chairperson of the Committee on Public Health, reports House Bills 1708 and 3788 Do Pass. Senator Meeks, Chairperson of the Committee on Education, reports House Bill 606 Do Pass; and Motion to Concur with House Amendments 3 and 4 to Senate Bill 1795 recommended Do Adopt. Senator Sandoval, Chairperson of the Committee on Transportation, reports House Joint Resolution 35 Be Adopted. Senator Noland, Chairperson of the Committee on Criminal Law, reports House Bill 1927 Do Pass, as Amended; Motion to Concur with House Amendment 2 to Senate Bill 1697 recommended Do Adopt. Senator Raoul, Chairperson of the Committee on Pensions and Investments, reports House Bills 3813 and 3815 Do Pass, as Amended. Senator Hutchinson, Chairperson of the Committee on Revenue, reports House Bills 384, 442, 503, 507 and 3840 Do Pass; Senate Amendment 1 to Senate Bill 2022 and Motion to Concur with House Amendment 2 to Senate Bill 1335, all recommended Do Adopt. Senator Harmon, Chairperson of the Committee on Executive, reports House Bill -- 358, 506 and 735 Do Pass; House Bill 1076 Do Pass, as Amended; and Motion to Concur with House Amendments 1 and 2 to Senate Bill 50 recommended Do Adopt. Senator Haine, Chairperson of the Committee on Insurance, reports House Bill 355 Do Pass; and House Bill 1577 Do Pass, as 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Amended.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, -- are there any motions on file with regard to the Governor's veto?

Jillayne Rock

Yes, Mr. President. Senator Forby has filed a motion to override the amendatory veto of the Governor on House Bill 2860.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Print them on the Calendar, please. Randy Squires with the Chicago News Corporation {sic} (Cooperative) requests permission to take still photographs and Tony Yuscius with the bluestream -- blueroomstream.com requests permission to videotape. Seeing no objection, so granted. Senator Garrett, for what purpose do you rise?

Susan Garrett (D)

Thank you, Mr. President. On a point of personal privilege. I am here today with…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Please -- please state your point.

Susan Garrett (D)

…a very good friend of mine, Melinda Bush, who was a trustee in the Village of Grayslake and now she is a Lake County Board member and a Lake County Preservation {sic} Board member. She is also running for the 31st Senate seat. So I would hope that we'd give her a warm welcome in Springfield.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ms. Bush, welcome to the Illinois State Senate. Ladies and Gentlemen, we have a special introduction by Senator Haine. Senator Haine. 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

William R. Haine (D)

Ladies and Gentlemen of the Senate, as the girls assemble here, I want to introduce you to the Class 1A Illinois State Champions of Girls Soccer, the Marquette Catholic High School Soccer Team, an exceptional group of athletes, a tribute to Marquette and to the area-wide Marquette community. My daughter, Alice, played in 1998 on the same -- on this team - on the Marquette team, not this team, of course - and -- and she -- they went to the Sectionals. So Marquette has a long history of athletic involvement in boys' sports and girls' sports. I'd like to introduce the head coach here, Rob Moginot, to say a few words, and ask you to give the Marquette girls a round of applause. Rob.

COACH ROB MOGINOT

(Remarks and Introductions by Coach Rob Moginot)

William R. Haine (D)

Thank you, Coach. A hundred teams and they're number one, Ladies and Gentlemen. Broke all the records. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, we have another introduction. Senator Sandoval would like to make a -- recognize some guests.

Martin A. Sandoval (D)

Good afternoon, Ladies and Gentlemen of the Illinois Senate. I'd like to have your attention just for a minute. We have a special guest from the country of Mexico here with us today. It's with great honor and pleasure on behalf of the fourteen million Latinos that reside in the State of Illinois from the great country of Mexico, our neighbor to the south, who is one of our great trading partners here in North America, I'd 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 like to introduce the new General Consul of Mexico in Chicago that -- will represent the country of Mexico here in the Midwest. Before I have him say a few words, President Cullerton and the four Latino Senators, including Senator Delgado, Senator Martinez, Senator Muñoz and myself, who largely represent a large majority of the Latino-Mexican community in Illinois, we all invited our new General Consul to this historic day. This morning, he gave a presentation in the House of Representatives, and this afternoon, he is here in the Illinois Senate. This is a first for the General Consul of Mexico here in Illinois. He was appointed Consul General by President Felipe Calderon and was ratified by the Mexican Senate just in March of this year. He holds a degree in law from the University of Pedregal in Mexico City. In 2007, he was ratified by Mexico's Congress as the Consul General of Mexico in Denver, Colorado. So prior to serving here in Chicago, he was the General Consul of Mexico in Denver, Colorado. He's also a former federal congressman in the Chamber of Deputies, in the House of Representatives, in the 58th Legislative District {sic} (Legislature). During his tenure, he was a member of the Commission on International Relations and the Commission on Strengthening Federalism. He is a visionary for improving the lives of Mexican residents abroad and he is a representative of the President of Mexico, Felipe Calderon. Without further ado, I'd like to introduce -- I'd like to give him -- a warm welcome to the Consul General of Mexico in Chicago, Eduardo Arnal Palomera. Please give him a warm welcome.

CONSUL GENERAL EDUARDO ARNAL PALOMERA

(Remarks by Consul General Eduardo Arnal Palomera) 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann, for what purpose do you rise? SENATOR McCANN: Point of personal privilege, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point. SENATOR McCANN: Mr. President and Ladies and Gentlemen of the Senate, I have the distinct privilege and honor of being joined here today with two of my most beautiful, talented, and capable constituents. They are sisters, Elizabeth and Emilee Birdsell. Elizabeth is eleven years old and is in sixth grade and attends Staunton Elementary School. Her -- her interests are all sports and the piano, which she has played for three years. And when she -- when she enters the workforce, she is interested in becoming a doctor. Emilee is eight years old. And Emilee is in third grade at Staunton Elementary School. And she enjoys drawing and playing the piano, also. She believes that her life's calling may be as an artist. That being said, their proud parents, Heather and Chris Birdsell, from Staunton, Illinois, are sitting on the Republican side in the gallery. And I hope you'll all join in welcoming this family to Springfield. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. We're -- great to have you here today. Ladies and Gentlemen, if we can have your attention, Senator Luechtefeld would like to make an introduction. Senator Luechtefeld.

David S. Luechtefeld (R)

9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Good afternoon. I'd like to introduce a group of young -- young people to you that very likely you've never had introduced before. People -- we -- we -- you know, we -- we introduce people, for instance, who might win the State basketball -- State -- State golf championships, that sort of thing. This is a group of young people from Pinckneyville, Illinois. Several years ago, we built the World Shooting Complex. It is the finest shooting complex in the world and the largest in the world, and that's, I think, saying something. A lot of high schools and grade schools, in that area in particular, have -- have -- have teams that shoot at that complex, and then there have been developed competition not only through the State, but nationally. This -- this team from Pinckneyville Shooting Sports received first place at the Scholastic Clay Target National Shoot in the high school division for sporting clay. They competed against one hundred and sixty-three other high schools from forty-two states. This team's age ranges from fifth grade through high school. In addition, this team has sent five students on to college to shoot on college teams. It is amazing what they can do. I've watched these young people shoot and it's -- you know, I've tried it myself and -- and it's not so easy, and it is amazing what they can do. I would like to introduce Stu Wright, the coach of the team, who would introduce the shooters to the Senate. Thank you.

COACH STU WRIGHT

(Remarks and Introductions by Coach Stu Wright)

David S. Luechtefeld (R)

Again, thank you for the warm welcome, and let's maybe get a picture now, if we could. 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, if I could have your attention, Senator Lauzen has a very important announcement. Would everybody please take -- sit -- take -- go to their seats? Will our -- the guests that are on the Floor please go to the back of the Chamber? If Senator Lauzen could have your complete attention, we would appreciate it. Senator Lauzen, for what purpose do you rise?

Chris Lauzen (R)

Thank you very much, Mr. President. Ladies and Gentleman of the Illinois Senate, Senator Sue Rezin has given me permission to speak for her and me -- to tell you a story about one of my oldest son Ted's close friends. United States Marine Corps pilot Captain Thomas Heitmann, of Mendota, Illinois, was killed in his second-to-last training flight on September 19th of 2011. He was born on November 23rd, 1983, to Tom and Mary Heitmann, who have joined us today. He would have celebrated his 28th birthday the day before this coming Thanksgiving. It is appropriate that we memorialize his ultimate sacrifice to our country this week of Veterans Day. Captain Heitmann went to Holy Cross Grade School and graduated from St. Bede's Academy in Peru, Illinois, where he was a top student, a successful athlete, both admired and well-liked by his classmates. He attended Valley Forge Military College in Pennsylvania, making history by becoming the first first-year cadet to achieve the rank of Second Lieutenant, then being inducted into the General "Mad" Anthony Wayne Legion Guard. He was accepted on a Naval ROTC Scholarship and graduated from Embry-Riddle Aeronautical University in Daytona Beach, -- Florida. After being 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 commissioned as a United States Marine Corps officer in 2008, Tom completed his infantry requirement at Quantico, Virginia, then trained at Naval Air Stations in Corpus Christi, Texas, and Pensacola, Florida, where his commanders and many friends, including my son Ted, recognized and respected his academic ability and leadership skills. Just this year, he earned his wings at a ceremony that my wife and I had the privilege to attend and was assigned to fly combat Cobra attack helicopters at Camp Pendleton in California. Those of us who are parents and grandparents fully understand how precious human life is - the first time you hold your son, like Tom, in your arms, the look of thrill and pride and even confusion on a baby's face as he takes his first steps, the rural summer evenings when all the children are tucked in bed to dream about their futures along with a brother like Aaron and Tom's sisters, Rachel, Hannah, Sarah and Mary Elizabeth. But, there are virtues that good men and women live for, and are willing to die for, that are even more important and valuable than life itself. Honor, duty, country. Faith, family and freedom. What happens to a little eight- to nine-year-old boy or girl who comes to the soccer sideline during a timeout, panting asks, "Dad, they're cheating out there! What am I going to do", you know, discovering for themselves for the first time the principles of fair play and justice, only to have his coach send Tom back into the game with the advice, "Well, then just run faster and kick harder"? What happens to a high school 800-meter champion who travels to Charleston, Illinois, to test himself against the best in the Illinois State Track and Field Finals? What happens to the honor cadet at Valley Forge Military who supervises the nation's 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 service academy's Prepster Program and the college's Army Reserve Officer Training Corps Early Commissioning Program? I'll tell you what happens: they prepare at home, nurtured by their family's love, and at schools, sheltered by their instructors' guidance and encouragement, to go out into a dangerous world to face life's final character examination, the ultimate test of courage - they join our United States Armed Forces and become Marines. For those to whom much is given, much is expected. The lives of those who are wounded, injured, and die, serve as examples of devotion to those even higher values of honor, duty, family and freedom. General George Patton said: It is wrong to mourn men who have died. Rather, we should thank God that such men have lived. Although his family, friends - including me and Senator Rezin - and neighbors do mourn, United States Marine Corps pilot Captain Thomas J. Heitmann is one of those men whom we celebrate and thank God that he has lived to inspire the rest of us. You know, Senator Rezin and I personally witnessed, as Thomas was laid to rest, this melancholy pride on clearest display on October 3rd by the good and decent people of Mendota and Earlville in rural northern Illinois. Thirty Marine Corps officers had traveled to Tom's hometown to pay their final respects to their comrade. What they saw on a beautiful early fall day was the love and gratitude of a nation focused in these two lovely communities. At St. Theresa's {sic} Church in Mendota, you could not have squeezed one more person into the church full of people demonstrating their admiration for Captain Heitmann and his family. For seven miles between the funeral mass in Mendota and the peaceful cemetery in Earlville, men with hats over their 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 hearts and women with tears in their eyes lined the -- the procession route marked with American flags of all sizes floating quietly in a gentle breeze. Both sides of the road coming into Earlville were lined with elementary school children who had not yet been born on 9/11/2001. These young innocents are the beneficiaries of peace at home produced by armed services. Under an aged oak tree that spread its strong limbs as cover over the gravesite, the cemetery was full to capacity with neighbors and friends who accompanied our -- our fallen soldier to his grave and prayed for his eternal reward. Commanders, officers and enlisted spoke after the cemetery service in hushed tones, but you could feel a renewed sense of commitment to virtues more important and valuable than life itself. These men and women went back to their stations invigorated with purpose that has been passed from generation to generation for hundreds of years in the United States. They keep going; they give us their best; they never give in; they never give up. The Illinois Senate salutes them. Ancient philosophers have counseled: We are what we repeatedly do. Excellence, then, is not a single act, but rather a continuous habit. What we do in life, no matter how long or how short, truly does echo through eternity. Captain Thomas Heitmann, as it pleases God, may you rest in peace. Mr. and Mrs. Heitmann, we thank you and may God bless you and your family. Would you and Mary's father, would you please rise?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Lauzen and Senator Rezin. Ladies and Gentlemen, Supplemental Calendar No. 1 has been distributed. It's on your desks. We will go to that Order, House Bills 2nd 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Reading. House Bill 3813. Senator Raoul, do you wish to move the bill to 3rd? Madam Secretary, please read the bill.

Jillayne Rock

House Bill 3813. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Pensions and Investments adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Have there been any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Next on the Calendar is House Bill 3815. 3815. Senator Raoul. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 3815. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Pensions and Investments adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Have there been any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, just for your information, we're waiting on a Supplemental Calendar. It should be here shortly. We'll be handing that out in just a few 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 moments. Ladies and Gentlemen, while we're waiting for that paperwork, we're going to go to the printed Calendar on page 4. At the top of page 4 of the printed Calendar is House Bills 3rd Reading. House Bills 3rd Reading. We're going to go to that Order. First on the Calendar is House Bill 605. Senator Lightford. Senator Lightford. Out of the record. House Bill 909. Senator Raoul. You wish to proceed? Indicates that he would. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 909. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

Kwame Raoul (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 909 is an initiative of the Attorney General. It expands the Public Corruption Profit Forfeiture Act to include fraudulently obtaining public moneys reserved for disadvantaged business enterprises by requiring the forfeiture of the profits made from such violations.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, this is final action. The question is, shall House Bill 909 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Present. House Bill 909, having received the required constitutional majority, is declared passed. Next up on the Calendar is House Bill 1237. Senator Noland. Out of the record. House Bill 1262. Senator Link. Senator Terry Link. Madam Secretary, out of the record on -- on House Bill -- 1262. 1262, out of the record. Next on the Calendar -- Senator Frerichs, for what purpose do you rise?

Michael W. Frerichs (D)

For a point of personal privilege, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point. Senator Frerichs.

Michael W. Frerichs (D)

Thank you very much, Mr. President. I would like to have the Chamber welcome four fine students from the University of Illinois who are visiting the Capitol today. And hopefully some of you have a chance to meet with them, as they come around and are learning a little more about State government. They're a part of a phenomenal internship program organized by Marie Henehan, and they are Jessica Gao, Thomas Banaszak, Allyson Brown and Colin Zimmerman. And would the Senate please join me in welcoming them here to Springfield?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guests please rise? Welcome to the Illinois State Senate. Great to have you here today. Ladies and Gentlemen, next on the Calendar is - again, we are on the middle of page 4, House Bills 3rd Reading - is House Bill 1368. Senator Jacobs, on 1368. Madam -- Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1368. 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

Mike Jacobs (D)

Thank you, Mr. President. This bill is identical to -- Senate Bill 1609, which passed the Senate and -- and currently in the House. It requires the Illinois Power Agency to file two annual reports with the General Assembly and the Illinois Commerce Commission. I know of no opposition and ask for your favorable support.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1368 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1368, having received the required constitutional majority, is declared passed. Next on the Calendar is House Bill 1589. Senator Jacobs. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1589. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

Mike Jacobs (D)

18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Thank you, Mr. President. The purpose of the bill is to facilitate fairness in modifying custody and visitation orders for those in the military. This was brought to me by a couple of different soldiers who were having problems with custody. And this will just give them a little more protection and allow them to make sure that when they come home that they don't lose anything. I know of no known opposition.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1589 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1589, having received the required constitutional majority, is declared passed. Next up on the Calendar - again, we're on page 4 of the printed Calendar, on House Bills 3rd Reading - is House Bill 1602. Senator Crotty. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1602. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Crotty.

M. Maggie Crotty (D)

Thank you very much. House Bill 1602 amends the Wildlife Code. The bill states that a person applying for a crossbow permit to hunt deer must, rather than will, be issued a permit 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 by the Director after the receipt of a physician's statement confirming the applicant is handicapped. The bill also redefines the term "handicapped person" to include anyone with a physical impairment. Currently, the definition states that it must be a permanent physical impairment.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 1602 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1602, having received the required constitutional majority, is declared passed. With leave of the Body, we will come back to 1604. Next on the Calendar is House Bill 1883. Senator Hutchinson. Senator Hutchinson. Out of the record. On the bottom of page 4 of your printed Calendar is House Bill 1958. Senator Hutchinson. House Bill 1958. Senator Hutchinson. Out of the record. Ladies and Gentlemen, if you'll turn the page to the top of page 5, on the Order of House Bills 3rd Reading is Senate -- is House Bill 2558. Senator Althoff. Madam Secretary, please read the bill. Senator Althoff seeks leave of the Body to return House Bill 2558 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now -- now on the Order of 2nd Reading is House Bill 2558. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 2, offered by Senator Althoff. 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff, on Amendment 2.

Pamela J. Althoff (R)

Thank you very much, Mr. President. As per Senator and former State's Attorney Haine suggested yesterday in committee, Amendment 2 clarifies that when the bill refers to "the court", it specifically refers to the circuit court and a circuit court judge.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the amendment? 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?

Jillayne Rock

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is House Bill 2558. Indicates she'd like to proceed. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 2558. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff.

Pamela J. Althoff (R)

Thank you very much, Mr. President. House Bill 2558 -- excuse me, amends the County {sic} (Counties) Code and it sets forth procedures for appointing an attorney to perform the 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 duties of the State's attorney when the State's attorney is unable to perform the duties of his office. Goes through an entire procedure. The bill was vetted very carefully by the Judiciary Committee and I'd be happy to -- answer any questions.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 2558 pass. All those in favor will say -- will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 2558, having received the required constitutional majority, is declared passed. Next up on the Calendar - we're on top of page 5 of the printed Calendar - we have House Bill 3188. President Cullerton. Out of the record. House Bill 3285. Senator Jacqueline Collins. Out of the record. House Bill 3292. Senator Dillard. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 3292. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is another monster piece of the CLEAR Commission, which was the commission set up to rewrite and modernize our -- and it's -- rewrite, I guess, is not the right word, but to 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 modernize, align our 1961 Criminal Code. This particular bill moves and consolidates several harm to children offenses of the Criminal Code and Chapter 720 Acts into a new "Harms to Children" Article. It has four subdivisions. But this, like all of the CLEAR Commission pieces that Senator Cullerton and myself served on, improves the internal organization of the Criminal Code and it incorporates case law by changing unconstitutional mandatory evidentiary presumptions into constitutional permissive evidentiary inferences. It improves and reduces clutter in the Criminal Code and uses more artful wording in many of the Sections to bring greater clarity to the Code. This will be effective on January 1 of 2012, so practitioners and judges will have time to get ready for it, study it. And I would certainly, like all pieces of the CLEAR Commission recommendations, I would move that we pass this bill. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Dillard. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 3292 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3292, having received the required constitutional majority, is declared passed. Next up on the Calendar is House Bill 3375. Senator Link. Out of the record. House Bill 3443. Senator Haine. Madam Secretary, please read the bill.

Jillayne Rock

23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 House Bill 3443. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

William R. Haine (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is a bill which affects one entity in effect. It's not special legislation, but it in effect sets up a -- a -- the authority of law for a group called the Good Samaritan Ministries to operate a faith-based system which pays medical bills based upon contributions of members. And they wish not to be subject to the insurance laws of the State in that activity of making payments for medical bills, and they -- they're -- therefore they do not have to buy health insurance. We've crafted several amendments to this, the latest one is before you today. The Department of Insurance has some concerns about the bill still. This passed the House overwhelmingly in its present form. The -- but DOI has some concerns about this being only applicable to a limited number of situations, such as Good Samaritan. And they trust Good Samaritan; they have no question, they're a great group. But they don't want it to apply to some fly-by-night group of charlatans. So we put in, in the House bill, a provision saying they do not have to meet these laws if they existed prior to 1999 and a few other things. DOI has some other concerns. We've offered to do a trailer bill with them. And to show good faith and not risk a veto, an imprudent veto, I -- I would like to ask this Chamber to pass this bill today, I'm going to file a motion to reconsider, hold 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 it, and through January and February get a nice trailer bill which would allay everyone's concerns.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Haine. Is there any discussion? Senator Trotter, for what purpose do you rise?

Donne E. Trotter (D)

To the bill, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Trotter.

Donne E. Trotter (D)

I would like to thank Senator Haine for all his hard work that he's done on this bill. There are some other groups out there besides Good Samaritan that do equally as good work with that. And we've been working hard with the former Director of Insurance and the present to find suitable language and I'm -- and I know he's going to continue to work to ensure that this is -- this bill has all the integrity that it needs. And I want to thank him for it.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Trotter. Is there any further discussion? Senator Haine, to close.

William R. Haine (D)

I would -- I appreciate those remarks, and I forgot to mention Senator Trotter's interest in it. That did come up too. I would ask for an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall House Bill 3443 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3443, having received the required constitutional majority, is declared passed. Mike Garrigan with WIFR-TV requests permission to videotape. Jason - - Wambsgans with the Chicago Tribune requests permission to take still photographs. Seeing no objection, leave is granted. Continuing on the printed Calendar -- Senator Lauzen, for what purpose do you rise?

Chris Lauzen (R)

Thank you -- thank you, Mr. President. Just a point of personal privilege.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.

Chris Lauzen (R)

I'd like to introduce our Page -- my Page for a Day. Just to my left here is MacKenzie Weider. She comes from Lake Zurich. She's in the seventh grade. She loves music and she likes to run. And she's here with her dad, Greg Weider. And her mom -- she's told me her mom is a first-grade teacher. And her grandma, Viki Hollister, is with her today. And I'd just like to ask the Senate to welcome them.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Great to have you here today. Ladies and Gentlemen, on the printed Calendar - we're on page 5, House Bills 3rd Reading - is House Bill 3462. Senator Steans. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 3462. 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Heather A. Steans (D)

Thank you, Mr. President, Members of the Senate. This bill stems from an unintended consequence of the Affordable Care Act that's caused few insurance companies in the State to provide individual health plans for children under nineteen. Currently, these children are only eligible for CHIP if they do not qualify for another State-sponsored health plan and have received a rejection letter for health reasons from a private insurance company. But since they can't any longer go to a private health insurance company to try to get insurance, they don't get those rejection letters, so they're sort of stuck. This is rectifying that problem. I want to thank Senator Haine for covering this for me in the Insurance Committee. It came out there unanimously. I don't know of any opponents to the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Syverson, for what purpose do you rise?

Dave Syverson (R)

Thank you, Mr. President. To the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Syverson.

Dave Syverson (R)

Thank you. We did support this today, but I want to put this into -- I guess, into context. In 2009, the President stood in front of the American people, faced the camera and made 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 it clear that if you pass my health care plan that you're not going to lose your health care, that you're going to be able to keep your doctors, and health care costs are going to go down. We heard that over and over again. At the time those promises were made, in Illinois, we had tens of companies that were selling insurance to children in the State of Illinois. Today we're here having to pass legislation because there are no carriers left. Most of you are not even aware that this is taking place because this doesn't affect you, because your children are covered under the numerous options that government employees have, that citizens back home don't have that ability. We have to pass this legislation now and have children all put into one plan - the Illinois CHIP plan. This will mean that children will have one network of providers, not a choice like they were told; they'll have one drug plan, not a choice of plans like they were promised; and they'll have one premium to pay, a premium that is significantly higher than it was before. And that's an important point. The cost of this new program for a child is going to be about seven hundred dollars a year more than it was last year. That means if you have three children in the family, they're going to be spending over two thousand dollars a year more because this is the only option that now will be available to them. It's ironic that the federal plan is called the Affordable Care Act and yet cost is going up dramatically. Today we have to pass this because there is no other alternative for the children in Illinois. But I think it's important for us to understand that this is just the first step. And if this is what's going to happen to the cost of children's health care, when we start looking at what's going to 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 happen next with seniors or for the rest of the population, we are facing unprecedented costs. So I would urge - even though we need to pass this - that we think long and hard before we start implementing more parts of this Affordable Care Plan, which are going to end up costing individuals, taxpayers, and communities even more dollars. So, thank you for allowing me to share my concerns regarding this, and unfortunately I would urge our side to support this legislation 'cause it's the only alternative that's out there. Thank you, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Righter, for what purpose do you rise?

Dale A. Righter (R)

Thank you, Mr. President. Will the sponsor yield, please?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Righter.

Dale A. Righter (R)

Thank you. Senator Steans, in your opening, you -- I think you used the phrase, "the unintended consequences of the Affordable Care Act". Maybe you didn't. If you -- if you didn't, then I take that back. Maybe Senator Syverson used that. Tell me why it is we're here. Why do we have to do this?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Heather A. Steans (D)

Currently, there is a provider of -- Blue Cross Blue Shield does offer insurance to kids under nineteen, but they only have standard enrollment periods for certain periods of time. This will cover the gap. There were other insurance companies who 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 provided this coverage who are not any longer. And that's why we're here.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Have you had any conversations, Senator Steans, with the insurers who maybe used to do this and don't do it anymore as to why it is they're not writing these?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Heather A. Steans (D)

I have not.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. To the bill, if I might. And Senator Steans…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill. To the bill, Senator Righter.

Dale A. Righter (R)

…and -- and I appreciate -- thank you, Mr. President. I appreciate very much what Senator Steans is doing here in taking what she believes, and what I'm sure others believe, is a necessary step. Ladies and Gentlemen, put your seatbelt on, 'cause this is number one, but it's only number one of the ramifications that you and I and the Members of the House and the people on the second floor and every taxpayer in this State are going to get to do as a result of the Affordable Care Act, all right. This bill is taking care of people who are getting 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 driven out of the private marketplace, because the private marketplace is seeing this looming piece of legislation, and an even larger piece of regulation coming out of Washington, and saying, why would we do business in this area? The federal government is soaking up everything in this area. Why would we write -- why would we put our capital at risk? Why would we try to provide competition in the health insurance market when we don't know from one day to the other what Washington's going to do? This is number one, but it's only number one, Ladies and Gentlemen. Thank you, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Senator Steans, do you wish to close? Senator Steans.

Heather A. Steans (D)

Yeah, I just want to indicate that beginning in 2014, too, we will be putting into place a insurance exchange - which will be great - as a result of the federal health care reform bill, which will be ensuring that we have many more options that are available to folks - that's just not in place right now - and this -- increased access, as well as hopefully reduced cost, to folks through that new insurance exchange. I'd also just point out that our insurance companies can no longer deny folks for health reasons. These are all huge assets to it. This is covering a short-term gap right now that has been created. And I would urge an Aye vote. Thank you very much.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. As this -- as the bill has an immediate effective date, it is the ruling of the Chair that pursuant to Section 10, Article IV of the Illinois Constitution, the passage 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 of this measure will require a three-fifths majority. Ladies and Gentlemen, the question is, shall House Bill 3462 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 44 voting Aye, 14 voting Nay, 1 voting Present. House Bill 3462, having received the required constitutional majority, is hereby declared passed. Ladies and Gentlemen, we're going to return -- if you'll turn back to the top of page 4, is House Bill 605. Senator Lightford. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 605. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Mr. President. Ladies and Gentlemen of the Senate, House Bill 605 is a culmination of work from the P-20 Council, spearheaded by Robin Steans and Max McGee. They did a wonderful job, with the Boston Consulting Group. This is an initiative from Senate Bill 7 to modify our report card on our schools across the State - so it's our report card modification. We've streamlined seventeen pages to a two-pager - front and back - document, which should be much more helpful for parents as they navigate the system to learn about the benefits for their children. The focus was on student outcomes, student progress, and the school environment. Again, we worked in 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 tandem; many education stakeholders all involved, working together - all proponents, no opponents. There were sixty focus groups that took place across the State. And I'd be happy to answer questions.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Question of the sponsor, please.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator McCarter. SENATOR McCARTER: Senator, we had a -- a discussion yesterday in the committee regarding this, and I just want to make sure - and if you could verify for me - is everything that is in the current report card, including all of the financial data about how many dollars come from taxing bodies, how many dollars come for -- for State general {sic} aid - those kinds of things - are all of those things available in this new formatted report?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Yes, Senator McCarter, I do recall some of your concerns in the committee and the witnesses did a job -- a fine job of detailing that out. I'd like to just take it a step further for the Body. There's a -- a pyramid symbol that indicates a one- pager, a detailed report and a comprehensive data, so all of the information that consists on the seventeen pager -- they have a website that they can go to called the Interactive Report Card 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 website that gives them that additional detailed information, including the school districts' revenues and -- expenditures by fund for multiple years. So that information that you wanted to know about the dollars is definitely still a part of it, in addition to all of the other provisions that was in that seventeen-page document.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: Okay, so you're confirming that all of the information in the Interactive Report Card will be in this new format?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Yes, Senator. As far -- as far as I understand it, yes. And on the very top of the one-pager, it says, "For more information about your school, go to iirc.niu.edu", and it includes demographics breakdowns and performance measures. So it's -- it's provided right at the top of the -- the single one- pager to direct them to go a little bit further if they want that comprehensive data.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: To the bill: Thank you, Senator, for verifying that. I think it's important that our citizens know how their tax dollars are being used. I know, in -- in my area, that report card is something that many people look at and I think it's an excellent tool for transparency. At the same time, there's a 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 lot -- a lot of added information on this new report card. And -- and -- and although they are -- it's good information, we need to make note right now, because you may hear it when you get back to your district, there is a -- there is a burden put on our schools to report this information. There are surveys that students must take - and I understand it's part of the new -- the new standards that are coming on board. It's not necessarily a surprise, but I think we just need to be aware that we are asking our schools to do more with less once again, and this is something they don't have an option to do. This is another mandate. The information is good and it's -- and it's nice to have, but, you know, when we're delaying paying our schools, paying our schools less, this is one more thing that we're asking them to do and I think we all need to have a response for that if we're asked. So other -- other than that, I -- I -- there's been a lot of hard work put into this and I appreciate what you've done and it's a very colorful report. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Before we go to further discussion, Ed Cross with WAND-TV requests permission to videotape. Seeing no objection, leave is granted. Further discussion? Senator Maloney, for what purpose do you rise?

Edward D. Maloney (D)

To the bill, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) To the -- to the bill. Senator Maloney.

Edward D. Maloney (D)

Once again, I'd like to thank Senator Lightford and the 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 participants in this -- in this particular bill. This -- if you haven't seen this new school report card, I -- I would suggest you get a copy of it, because it is going to be a useful tool for administrators, teachers, and especially parents, in the fact that it has all the issues related to school achievement, student progress, and student outcomes. It not only focuses on the individual school, but it gives you an opportunity to compare the -- that progress and outcomes with other schools as well. So it was at -- focus groups were held throughout the State to hammer out this agreement and I -- I would encourage everybody to take a look at one of these. It's going to be a -- a valid way that parents can judge the progress in their schools and their students. I urge an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Harmon, for what purpose do you rise?

Don Harmon (D)

Thank you, Mr. President. I believe that the sponsor may have a response to a previous speaker. I'd be happy to wait a moment and let her respond.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Mr. President -- President, and thank you, Senator Harmon. I did want to respond back to some comments Senator McCarter made just so that we're all very comfortable. It is a colorful document. I think it's for a easier read, more user-friendly for family members. I -- I just don't know that I like the word "a new mandate". This is in no way a new mandate 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 on our schools. We have no new information gathered except the principal selection process, which is they can fill that out if they plead {sic}. What I think you need to know was that the longitudinal data system was passed in 2009. I'm not sure if you actually voted on that or not, but that was already what was considered a new mandate two years ago. So that information was already being required, so it's nothing new. And then a second area, in Senate Bill 7, we also acknowledged that the survey of learning conditions would also go on the report card. So, again, that's not a new mandate; that was a part of Senate Bill 7. So I think that when we try to streamline and make things much simpler and easier for families that we have to acknowledge it as a good thing and not look to play to the cheers of the crowd of this is a new mandate, this is a new mandate. I think this is pertinent information that parents need to know about their child's school. And I think Senator Luechtefeld brought it up in committee, that it gives -- it -- it creates competition to make sure that our schools are performing at the level that they should be and it's definitely a -- a winner on transparency. So I did want to acknowledge some of your comments.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Harmon, for what purpose do you rise?

Don Harmon (D)

Thank -- thank you, Mr. President. I have some questions for the purpose of legislative intent. Will the sponsor yield?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Harmon. 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Don Harmon (D)

Thank you, Mr. President. Senator, what is the intent for the language in the bill providing the State Superintendent the discretion to amend or update any and all metrics on the school, district, or State report card?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Senator, it will allow the State Superintendent the opportunity to bring key stakeholders together to discuss minor changes, amendments, or updates to the State report card.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. And, Senator, what is an example of what would be considered a minor change or amendment?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Example one would be, on the school report card where it addresses the outcomes of what students are achieving and it lists graduates who enrolled in additional schooling, the State Superintendent, working in collaboration with the stakeholders, could reach agreement to include enlisting in the military. That was an item that came up in our committee on -- on yesterday.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Thank you, Mr. President. One final question, Senator. Will the legislative approval -- will legislative approval still be needed to add items to or delete items from the State report card?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Yes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Is there any further discussion? Senator Lightford, do you wish to close? Senator Lightford.

Kimberly A. Lightford (D)

Yes -- yes, Mr. President. Quickly, I just want the Body to know that the redesigned school report card simply presents the information that we already required to gather in a user- friendly way that will give parents the information they need to make informed decisions about their child's education and to ask school leaders important questions. These decisions and questions will, in turn, drive school improvement decisions. This is a good thing for -- for us in the State of Illinois and I encourage an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator. Ladies and Gentlemen, as the bill has a January 1, 2012 effective date, it is the ruling of the Chair that pursuant to Section 10, Article IV of the Illinois Constitution, the passage of this measure will require a three- fifths majority. The question is, shall House Bill 605 pass. All those in favor will vote Aye. Opposed, Nay. The voting is 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 605, having received the required constitutional majority, is declared passed.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins, for what purpose do you seek recognition?

Jacqueline Y. Collins (D)

Thank you, Mr. President. A point of personal privilege.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.

Jacqueline Y. Collins (D)

I have a group of -- of school kids here today from Sumner School -- Sumner Elementary School, in the gallery. Can you please rise? So we wanted to welcome them to Springfield.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Welcome to Springfield.

Jacqueline Y. Collins (D)

They are…

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson, for what purpose do you rise?

Toi W. Hutchinson (D)

Thank you, Mr. President. On a point of personal privilege.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.

Toi W. Hutchinson (D)

Ladies and Gentlemen of the Senate, I have two very special guests in the gallery today, in the President's Gallery behind 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 the box, and I'd like to acknowledge them. Mr. and Mrs. Terry Cole - Terry and Elyne Cole. Terry Cole retired from the University of Illinois after thirty-five years of service to the athletics department. And one of the reasons why he is so very special is that he was instrumental in creating the academic support program for all athletes. There are hundreds of student athletes that owe their degrees as much to their talent as to the care and guidance of Mr. Terry Cole. I'm having a reception for him tonight in the Secretary of State's Office from 5 to 7. I know our business here is going to go long, but if you get a chance to stop by and meet him, I would love to have you. It's in Secretary of State White's Office from 5 to 7 today. But please join me in welcoming and celebrating a really wonderful career of this wonderful person, Mr. Terry Cole. Would you please stand up so the Senate can congratulate you?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Will our guests in the gallery please rise to be welcomed to the Senate? Ladies and Gentlemen of -- of the Senate, with leave of the Body, we're going to turn back to the middle of page 4, still on the Order of House Bills 3rd Reading. We have Senator Sullivan's House Bill 1604. Senator Sullivan. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1604. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1604 amends the Vehicle Code. It -- it increases the remedies available to the courts or to a judge with regard to visitation violation cases in a child custody situation. The courts may order, under the new -- under the language in this bill, the courts may order a suspension of -- of an individual's driver's license until the court determines that the parent is in compliance; a revocation of the parent's professional license for -- for no more than six months; find that a party that is guilty of petty offense, also order a fine - if there's multiple contempt orders, then those fines increase. It's very similar to what we do now with regard to child support with -- with regard to the Secretary of State. And I'll be more than happy to answer any questions.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Raoul, for what purpose do you seek recognition?

Kwame Raoul (D)

To the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

Kwame Raoul (D)

I have immense respect for the sponsor and for the intent of this bill. And I, you know -- as -- as the state of the law exists right now, there's discretion given to a judge to find somebody in contempt, and there's actually a misdemeanor charge for interference of visitation. What I'm concerned about with this bill is by adding provisions that would allow -- that would suggest that a driver's license could by suspended or a 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 professional license could be suspended, reference to these options in motions that are filed by litigants will create a circumstance where the best interests of the child will not be met and it'll create a circumstance where you have people fighting. And a custodial parent may be intimidated into making a choice as to am I going to risk losing my professional license or my driver's license, or am I going to put my child at risk by allowing them to spend time with a noncustodial parent that - as Senator Haine pointed out in committee - may be intoxicated or may somehow put the child at risk. So I want to caution the Members of the General Assembly that there's already a remedy for interference of visitation. And by adding these things, I think we're inviting folks to use intimidation in custodial situations that are already tense. I -- I mentioned in committee I stopped practicing family law because I hated it, because parents often did not have the best interests of the child at heart. So, I -- I -- notwithstanding my tremendous respect for the sponsor and for his intent in this bill, I'm going to be voting No and I urge a No vote on this bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Delgado, for what purpose do you seek recognition?

William Delgado (D)

To the bill, Mr. President.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

William Delgado (D)

I, too, rise and I want to -- in opposition to this legislation. I do respect the Leader, the gentleman; he's an 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 excellent legislator. I agree with the previous speaker, my colleague, as to the best interests of the child and the remedies that are already in place. As a former child welfare specialist, I would say that not only are we jeopardizing the best interest of the child, which is the most important of all, but when we burden already a dysfunction crisis and suspend a license of a wage earner, that also, regardless of the pettiness or the issue at hand, but to reduce their license and get it suspended, will definitely have an impact on the ability to pay that child support, let alone to take on the needs and/or lose employment. This is complicated. And I see -- actually the Illinois Coalition Against Domestic Violence is an opponent. And so this speaks very -- in volumes. It actually amplifies the possibility of the person responsible, making these payments, to fall even further behind, there -- therefore, creating a -- a disaster within that family, if indeed they have an ability to become intact much later. So, I would actually ask that this bill -- ask of the sponsor to reconsider moving this bill at this time to continue discussions with a variety of groups; and if not, I would ask for a -- a No vote on this particular legislation. Thank you, Mr. President.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Cultra, for what purpose do you rise?

Shane Cultra (R)

To the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

Shane Cultra (R)

44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 House Bill 1604 is a bill addressing the problem of visitation interference. It sends a clear and unambiguous message that parent's presence and physiological well-being of children is as important as child support and their physical well-being. It brings remedies and sanctions for visitation interference closer to that of child support noncompliance. It also gives a child a better chance of growing up a healthy, well-rounded functioning adult in our society. And I would ask for a Yes vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Silverstein, for what purpose do you rise?

Ira I. Silverstein (D)

To the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

Ira I. Silverstein (D)

Let -- let me start off with those beautiful words, I respect the sponsor, and I -- I'm -- he's my seatmate and I hope he forgives me for me talking against his bill. Never. Thanks. As an attorney that practices in domestic relations, who represents both sides, this is a very tricky issue, and I've litigated both sides and it's a very emotional issue. But to penalize a custodial parent by taking his or her professional license, whether it be a real estate license, or a law license, or beautician license, or a barber license, I don't think is the proper way to go. I do think that part of the bill I think we can work on regarding the license. But to hit that custodial parent in the pocketbook, where maybe he or she is actually 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 supporting the children or is the main breadwinner, I think is a little unconscionable. So, with all due respect to my seatmate, I will be voting No and I would encourage others. Thank you.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Murphy, for what purpose do you seek recognition?

Matt Murphy (R)

To the bill, Mr. President.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

Matt Murphy (R)

I rise in support of this bill. I guess I'm -- I'm a little puzzled at the extent of the objection to an attempt by the sponsor to provide a little parity in a relationship between custodial and noncustodial parents. This General Assembly has already provided an opportunity for a custodial parent to seek a remedy for abusive actions by the noncustodial parent. All we're trying to do here is level the playing field. All this bill is intended is to give the custodial parent the opportunity - an extra opportunity - to make sure that noncustodial parent can see their child, as they're allowed to do and entitled to do. This is a fairness issue. The only way the custodial parent has a problem is if they abuse the relationship; if they abuse their custodial nature with the child and not allow the noncustodial parent access that -- to which they're entitled. It's very simple. It's -- the same penalties that the custodial parent has in this bill, it's the same penalties that the noncustodial has. Level the playing field. Give both sides, in what's obviously a difficult relationship, an equal opportunity 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 to enforce their rights. That's all this bill does. I support the Senator's bill and encourage an Aye vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, for what purpose do you seek recognition?

William R. Haine (D)

To the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

William R. Haine (D)

We have, at -- at the present time in Illinois, criminal sanctions and they're -- and they're an escalating set of sanctions for visitation violations and abuse. They're referred initially to the State's Attorney's Office. We handled them, and I handled them as State's Attorney - my office did. We handled them -- I handle them personally practicing law. It is -- it is not correct to say that child support is clear as -- as visitation abuse, that they're comparable, and therefore we should have comparable sanctions as clear. Child support can be determined accurately from court records. Visitation abuse is a very subjective allegation and they -- and these allegations are made sometimes in good faith, sometimes not. And they're made in the heat of resentment and anger. What this does is clothe the court with options that presume that this is a major offense, that the allegation rises to the level of a major offense. It escalates the -- the -- the matter in court. And I -- personally, I think it's a intrusion on the third branch of - - of -- of government here to be escalating these things in the most painful situations, when they're filled with resentment. Sometimes they're -- they're the result of a divorce. This 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 proposed bill applies to situations where there was no marriage, I presume. I'm just -- I'm rising in opposition to the bill because there -- there should be a -- a better way to -- to do this without upping the ante to the point where a bare allegation rises to the level of a sanction which could result in the loss of a driver's license with no connection, the loss of a license to practice law, the loss of a nursing license or anything else. There's a better way to -- to -- to do it. And one of the ways is to go through the Bar Association and -- and -- and -- and -- and people who practice in this -- in -- in -- in this area. Yes, there is abuse. But late at night when he shows up with alcohol on his breath and she says, "I don't want to hand my child over to him. He's with a group of ruffians. I don't want to hand my child over to him", does that rise to a level of an allegation of abuse? It may violate the court order. It's up to the court to determine the reasonableness of this. And the Senator's correct, this clothes the court with options, but by stating these draconian options, we are enhancing and empowering more allegations and more resentment. I would take a step back and at this time vote No.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Haine. Senator Wilhelmi, for what purpose do you rise?

A. J. Wilhelmi (D)

Thank you, Mr. President. To the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.

A. J. Wilhelmi (D)

Ladies and Gentlemen, this is a very tricky issue, as 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 previous speakers have mentioned. This is a very difficult area of the law. Lot of emotion - very difficult decisions are made on a daily basis by custodial and noncustodial parents with regard to the visitation of their children and where their children will be that day. These are tough -- tough issues and tough decisions. And that's why we have a judicial branch of government. That's why we have men and women that put on a black robe and sit behind the bench and hear the evidence. They weigh the evidence. They listen to the testimony. They review the facts. And today and tomorrow and the next day, they're going to hear these cases in our courts in Illinois. Whether or not this bill passes, these motions will be filed when there is interference with visitation. What we're doing -- what the Senator is doing in this bill -- and let me be frank, I struggled with it. I've had very difficult decision -- or, discussions with stakeholders. We've had meetings. But at the end of the day, what this bill does is it gives our judges discretion, discretion to use additional penalties that have been described - to take away a driver's license, to remove a professional license, to impose a fine, or, like they've done yesterday and the day before, they can give a verbal reprimand; they can give a slap on the wrist; they can do nothing. This is about discretion. We should empower our courts to exercise the discretion with the appropriate penalties when the case deserves that penalty. And so I support this measure after a lot of wrangling, a lot of discussions, and a lot of good, solid debate, in committee and today, because it's about discretion and making sure that the judge makes the decision that is in the best interests of our children. I urge an Aye vote. 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, do you wish to close? Senator Sullivan.

John M. Sullivan (D)

Thank you very much. And -- and, Ladies and Gentlemen, I - - I appreciate the discussion on this issue. And I understand that it's a difficult issue, and of course whenever you're dealing with a custody issue and children and parents that sometimes cannot get along. I -- I get that. I -- I -- I want to make a couple of points, and the previous speaker, Senator Wilhelmi, I appreciate your comments very much. But first of all, I want folks to know that with regard to the -- the -- the concerns of -- of domestic violence, I would never move forward with any legislation that I thought would put a child or an individual into a situation that would be more difficult than it already is. I've met with the folks with the domestic violence -- that represent domestic violence associations, and I just do not feel that their argument holds water, number one. Secondly, one of the speakers talked about, you know, what was in the best interest of the child. If you believe that in the best interest of the child is that they can spend time with their parents, both their custodial and noncustodial, if you think that time is well spent, then there's this legislation you should be supporting. Because what we are trying to do -- we all know that children can be used as a pawn. They can be used as a pawn. And when they're used as -- as a pawn, they can -- part of that is the fact that they -- a parent will not allow them to spend time with their noncustodial parent, and this is what we're trying to do - simply to give the courts some teeth so that they can make sure that that is enforced. Somebody else 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 mentioned that there is not a -- they did not see the distinction or -- it's not black and white with regard to the paying of child support and visitation. I would disagree with that. I would say that when a child is not spending time with a parent when they should be spending time with the -- with their parent, that's black or white. That's time that's lost. It can't be regained. It's gone, and once it's gone, it's gone. And then, finally, I just want to say that there are a number -- I believe, thirty-some states that are -- currently have similar language to what we're doing -- what this legislation does in Illinois. If you believe - finally I'll close with this - if you believe -- if you have faith in the courts and the judges to make the decisions as to what is in the best interest of that child, which they are doing right now, then all we are simply doing is giving them another -- some additional tools in their tool chest to allow -- to allow the enforcement of visitation. I ask for your Aye vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. As the bill has an -- an immediate effective date, it's the ruling of the Chair that pursuant to Section 10 of Article IV of the Illinois Constitution, the passage of this measure will require a three-fifths majority. The question is, shall House Bill 1604 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 27 voting Aye, 22 voting Nay, 1 voting Present. And having failed to receive the required constitutional majority, House Bill 1604 is declared lost. Senator Sullivan, for what purpose do you rise? 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

John M. Sullivan (D)

Thank you, Mr. President. I'd like the previous bill to be put on Postponed Consideration.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) It will be placed on the Order of Postponed Consideration. Thank you, Senator. Senator Garrett, for what purpose do you rise?

Susan Garrett (D)

Thank you, Mr. President. For a point of personal privilege.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.

Susan Garrett (D)

Yes, I'd like to welcome the Maple School seventh graders, coming all the way from Northbrook. They're here to have a tour of Springfield and -- and listen to how we debate issues. And I hope we can give them a warm welcome.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Will our guests in the gallery please rise to be welcomed to the State Senate? Senator Silverstein, for what purpose do you rise?

Ira I. Silverstein (D)

Just a short announcement. You know, I want to wish congratulations to my good friend James Clayborne, Senator James Clayborne, and his team, the St. Louis Cardinals, for winning the World Series. Senator Clayborne and I have a little -- rivalry, because I am a Cub fan - a Cub fan. And I just want to let you know, Senator Clayborne, you're losing your manager, you're losing about three or four players. I think next year at 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 this time, Ladies and Gentlemen, he'll be congratulating me and all the Cubs. Thank you.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Right after we balance the budget in March. Senator Luechtefeld, for what purpose do you rise?

David S. Luechtefeld (R)

Thank you, Mr. President. I -- Senator Silverstein, if you don't mind, walk over here will you…? I -- I have a little extra money that I'd like to bet on that. Come on -- on over. Let's go.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) With leave of the Body, we're going to remain on page 4 of your printed Calendar. Near the top of that page, on the Order of House Bills 3rd Reading, is House Bill 1262. Senator Link. Senator Link seeks leave of the Body to return House Bill 1262 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 1262. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 3, offered by Senator Hutchinson.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.

Toi W. Hutchinson (D)

I would like to withdraw the amendment.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) The amendment is withdrawn. Have there been any further Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 5, offered by Senator Link. 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Link, on the amendment.

Terry Link (D)

Thank you, Mr. President. This is the trailer bill for the gaming bill. We had noticed that in the -- in Senate Bill 744 and in a subsequent Senate bill, 1849, and so forth, that we had put in some provisions that several of the gaming expansion opponents claimed that would cause to be unconstitutional because of the single-subject clause, and we now have put these into this bill. And they are -- so that we followed a single- subject matter. Be more than happy to answer any questions.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion of the amendment? Seeing none, Senator Link has moved for the adoption of Floor Amendment No. 5 to House Bill 1262. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1262. Madam Secretary, please read the bill.

Jillayne Rock

House Bill 1262. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Link, on the bill.

Terry Link (D)

54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Thank you, Mr. President. As I indicated, this is a follow-up on what we had done in the previous gaming bill. I'll be more than happy to answer any questions.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 1262 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 31 voting Aye, 19 voting No, 2 voting Present. Having received the required constitutional majority, House Bill 1262 is declared passed. Ladies and Gentlemen of the Senate, we're going to return to Senate Supplemental Calendar No. 2, corrected. At the bottom of that Calendar on page 2 is the Order of Executive Appointments and Appointment Messages. To fulfill our responsibilities under Article V, Section 9 of the Constitution, we will now proceed to the Order of Advise and Consent. Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. I move the Senate resolve itself into Executive Session for the purpose of acting on appointments set forth in Appointment Messages 128 and 167.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator -- Senator Muñoz moves that the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in Messages 128 and 167. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate is resolved into Executive Session. Madam Secretary, Executive Appointments – Appointment Messages. 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Appointment Message 128.

Jillayne Rock

Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following non-salaried appointment: To be Member and Chair of the Illinois State Board of Education, for a term commencing June 7th, 2011, and ending January 14th, 2015: Gery J. Chico.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I now seek leave to consider the appointment on a roll call. Will you put the question as required by our rules?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, does the Senate advise and consent to the appointment from the Appointment Message just read. 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, 6 voting No, 1 voting Present. A majority of Senators elected concurring by record vote, the Senate does -- does advise and consent to the appointment just read. Madam Secretary, Appointment Message 167.

Jillayne Rock

Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 To be a Member of the Illinois Pollution Control Board, for a term commencing September 12th, 2011, and ending July 1st, 2014: Jennifer A. Burke.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I now seek leave to consider the appointment on a roll call. Will you put the question as required by our rules?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Duffy, for what purpose do you rise?

Dan Duffy (R)

To the appointment, Mr. President.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) To the appointment.

Dan Duffy (R)

I'd just like to inform this Body, when I take a look at Jennifer Burke's resume, it is an extremely impressive resume; she has a strong educational background and a very good work background. But I think the discussion should be whether or not we should continue to appoint people that are politically connected. If you take a look at Jennifer's political background, Jennifer Burke is -- husband is a Circuit Court Judge of Cook County; her mother is an Illinois Supreme Court Justice; her father is Alderman Burke, an alderman in Chicago that's so powerful that he has more bodyguards than the Mayor of Chicago and the Governor; and her uncle is a State Representative. Again, I believe the discussion should be, when 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 we take a look at the reputation in Illinois, of not just appointing people that are politically connected, but also taking a look at other people in this State that also have very good educational backgrounds and work experience, and consider them for these jobs, not just all the supporters and donors and politically connected friends of the Governor. Thank you.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Senator Millner, for what purpose do you rise?

John J. Millner (R)

Thank you, Mr. Chairman {sic}. I would like to say that I do agree with part of the last gentleman's speech about she's eminently qualified to do this job. She knows what to do; she can do it. It's about the qualifications. Just because she has parents who happen to be very active in serving the public doesn't mean we should punish her. So I would recommend an Aye vote. Thank you.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Any further discussion? Seeing none, the question is, does the Senate advise and consent to the appointment from the Appointment Message just read. 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 43 voting Aye, 11 voting No, 1 voting Present. A majority of Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Senator Lauzen, are you seeking recognition on the subject of Executive Appointments? Senator Lauzen. 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Chris Lauzen (R)

Thank you very much, Mr. President. On Message 128, I'd like the record to reflect my intention to vote Yes.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) The record will so reflect your intention. Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. I move the Senate arise from Executive Session.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz moves the Senate arise from Executive Session. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate has arisen from Executive Session. Madam Secretary, Resolutions Consent Calendar {sic}.

Jillayne Rock

Senate Resolution 442, offered by Senator Collins. Senate Resolution 443, offered by Senator Link. They are death resolutions.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Consent Calendar. Madam Secretary, motions on file with respect to the Governor's vetoes.

Jillayne Rock

Senator John Jones has filed a motion to override the total veto on House Bill 3178.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Put the motion on the Calendar. Madam Secretary, Messages from the House.

Jillayne Rock

A Message from the House by Mr. Mapes, Clerk. 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 72. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 4 and House Amendment 5. Passed the House, as amended, November 9th, 2011. Timothy D. Mapes, Clerk of the House. A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 3865. Passed the House, November 9th, 2011. Timothy D. Mapes, Clerk of the House. A Message from the House by Mr. Mapes, 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 2147. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence Senate, to wit: House Amendment 5, 7 and 9. Passed the House, as amended, November 9th, 2011. Timothy D. Mapes, Clerk of the House. 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Madam Secretary, House Bills 1st Reading.

Jillayne Rock

House Bill 3865. (Secretary reads title of bill) Offered by Senator Garrett. 1st Reading of this House bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, with leave of the Body, we're going to turn to page 3 of your printed Calendar. On the Order of Senate Bills 3rd Reading, at the bottom of the page, is Senate Bill 2502. Senator Hunter. Madam Secretary, please read the bill.

Jillayne Rock

Senate Bill 2502. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.

Mattie Hunter (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2502 changes the way the Medicaid program reimburses providers for -- mammography screening and diagnostic tests at the recommendation of the Illinois Breast Cancer Quality Screening and Treatment Initiative Advisory Board and the Department of Healthcare and Family Services. And basically, in the long run, what this bill will do, it would improve the -- the quality of the program, it would increase provider quality and access to services, and it'll lead to early detection and treatment, and it'll lower the number of complex 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 and costly late diagnostic cases and increase life expectancy. And I ask for an Aye vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? As the bill has an effective date of January 1st, 2012, it's the ruling of the Chair that pursuant to Section 10 of Article IV of the Illinois Constitution, the passage of this measure will require a three- fifths majority. The question is, shall Senate Bill 2502 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. And Senate Bill 2502, having received the required constitutional majority, is declared passed. The Senate will stand at ease for a few moments to allow the Committee on Assignments to meet. Will all members of the Committee on Assignments please report immediately to the President's Anteroom? Again, Ladies and Gentlemen, the Senate will stand at ease for a few moments to allow the Committee on Assignments to meet. Will all members of the Committee on Assignments please report to the President's Anteroom immediately? The Senate will stand at ease, with Senator Crotty in the Chair. (at ease)

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) The Senate will come to order. Madam Secretary, Committee Reports.

Jillayne Rock

Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Education Committee - House Joint 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Resolution 41 and House Joint Resolution 42, Motion to Concur with House Amendment 2 to -- and House Amendment 3 to Senate Bill 1226, and Motion to Accept the Specific Recommendations with regard to House Bill 190; refer to the Executive Committee - Senate Resolution 438; refer to the Human Services Committee - Motion to Concur with House Amendment 1 to Senate Bill 1377; refer to the Labor Committee - Motion to Concur with House Amendment 4 and 5 to Senate Bill 72; refer to the Local Government Committee - House Bill 508 and Motion to Concur with House Amendment 2 to Senate Bill 92; refer to the Pensions and Investments Committee - Floor Amendment 2 to House Bill 3375; refer to the State Government and Veterans Affairs Committee - Motion to Concur with House Amendments 1, 2 and -- 3 and 4 to Senate Bill 40, and Motion to Concur with House Amendment 2 to Senate Bill 1640, and Motion to Concur with House Amendment 1 and 2 to Senate Bill 1750; re-refer from the Local Government Committee to the Executive Committee - House Bill 588; re-refer from the Executive Committee to the Committee on Assignments - Floor Amendment 4 to Senate Bill 747; Be Approved for Consideration - Floor Amendment 2 to House Bill 3813, Floor Amendment 2 to House Bill 3815. Signed by Senator James F. Clayborne, Chairman. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Floor Amendment 4 to Senate Bill 747. Signed by Senator James F. Clayborne, Chairman.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Harmon, for what purpose do you rise? 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Don Harmon (D)

Thank you, Madam President. I move to waive all notice and posting requirements so that House Bill 588 can be heard tomorrow, at a time to be announced later today, in the Senate Executive Committee.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Harmon moves to waive all notice and posting requirements so that House Bill 588 can be heard in the Senate Executive Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the voice -- and all notice and posting requirements have been waived. Senator Schmidt, for what purpose do you rise?

Suzi Schmidt (R)

Thank you, Madam President. I move to waive all notice and posting requirements so that House Bill 508 can be heard tomorrow, at a time to be announced later today, in the Senate Local Government Committee.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Schmidt moves to waive all notice and posting requirements so that House Bill 508 can be heard in the Senate Local Government Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Senator Wilhelmi, for what purpose do you rise?

A. J. Wilhelmi (D)

Thank you, Madam President. I rise to clarify that, on House Bill 1262, I intended to vote my switch as a No.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) The record will so reflect. Okay, we are going to the 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Supplemental Calendar, on Concurrences. Senate Bill 50. Senator Silverstein. Senator Silverstein. Out of the record. On Senate Bill 1335, Senator Steans. Senator Steans would like to proceed. Madam Secretary, read the motion.

Jillayne Rock

I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1335. Filed by Senator Steans.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.

Heather A. Steans (D)

Thank you very much, Madam President, Members of the Senate. This bill, as amended, extends the amount of time that the Cook County Treasurer has to proceed with the annual tax sales for the years 2010, 2011 and 2012. The -- currently, the Treasurer only has ninety days, and due to the way they get out their bills, this is not much time to prevent them going out and going to the fire sales. This is extending the amount of time that's available for them. I don't know of any opponents. This is an initiative -- proponents are the Illinois Property Tax Lawyers Association. It's an initiative of Cook County as well. I would urge an Aye vote. Thank you.

M. Maggie Crotty (D)

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 1335. 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 Aye, none voting Nay, none 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 voting Present. Having received the required constitutional majority, the Senate does concur with House Amendments {sic} 2 to Senate Bill 1335, and the bill is declared passed. On Senate Bill 1697, Senator Millner. Senator Millner wishes to proceed. Madam Secretary, read the motion.

Jillayne Rock

I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1697. Filed by Senator Millner.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Millner.

John J. Millner (R)

Thank you, Madam Chairman {sic}. Now this bill was one that passed the Senate, but the amendment adds the Cook County State's Attorney and the Cook County Public Defender to those eligible to receive the new two -- two-dollar fee. And I ask for an Aye vote.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1697. 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 40 voting Aye, 13 voting Nay, none voting Present. Having -- on the -- having received the required constitutional majority, the Senate does concur in House Amendments {sic} No. 2 to Senate Bill 1697, and the bill is declared passed. Now on Senate Bill 1795, Senator Lightford. Senator Lightford wishes to proceed. Madam Secretary, read the 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 motion.

Jillayne Rock

I move to concur with the House in the adoption of their Amendments 3 and 4 to Senate Bill 1795. Filed by Senator Lightford.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 1795 transfers regulatory oversight of private business and vocational schools from our State Board of Education to our Illinois Board of Higher Education. There's about three hundred schools that offer postsecondary certificate programs in a wide variety of fields, ranging from dog grooming schools to allied health and computer technology. I'd be happy to answer questions. There's no cost to our budget. The actual schools themselves will be assessed a fee and that will be the coverage financially. I'd be happy to answer questions.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Amendment No. 3 and 4 to Senate Bill 1795 pass - - shall the Senate concur in House Amendments 3 and 4 to Senate Bill 1795. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 3 and 4 to Senate Bill 1795, and the bill is declared passed. On our Supplemental 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 Calendar, we have House Joint Resolution 35. Senator Hutchinson. Senator Hutchinson wishes to proceed. Madam Secretary, read the resolution.

Jillayne Rock

House Joint Resolution 35, offered by Senator Hutchinson.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Hutchinson.

Toi W. Hutchinson (D)

Thank you, Madam President and Members of the Senate. House Joint Resolution 35 creates the Secretary of State's Advisory Committee on Traffic Safety. The Advisory Committee will look at all aspects of traffic safety in an effort to determine legislative and administrative action that can be taken to lower the number of traffic-related fatalities in Illinois and report their recommendations to the General Assembly. And I would ask for your support.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Joint Resolution 35 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 51 voting Aye, none voting Nay, none voting Present. House Joint Resolution 35, having received the required constitutional majority, is declared adopted. Now we'll go to the top of page 8. On House Bill 1659, Senator Steans. Senator Steans wishes to proceed. Madam Secretary, read the bill. 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Jillayne Rock

I move that House Bill 1659 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Steans.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.

Heather A. Steans (D)

Thank you very much, Madam President, Members of the Senate. His -- the Governor's veto on this was ruled noncompliant, which is why we're overriding and -- recommending overriding the veto. We do wish to work on the issue and we'll have a trailer bill doing so, but at this point, I please -- urge overriding his veto. This is what they did in the House with it as well. And sponsor of the bill in the House, Representative Bellock, also urged the same procedure. Thank you.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 1659 pass, notwithstanding the specific recommendations of the Governor. 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 Aye, none voting Nay, none voting Present. House Bill 1659, having received the required three-fifths constitutional majority, is declared passed, notwithstanding the specific recommendations of the Governor. Now we'll turn to page 2 on the Calendar, on Senate Bills 3rd Reading. Senate Bill 348. Senator Steans. Senator Steans wishes to proceed. Madam Secretary, read the 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 bill. Senator Steans seeks the leave Body -- leave of the Body to return Senate Bill 348 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 348. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 1, offered by Senator Steans.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.

Heather A. Steans (D)

Yes, the amendment becomes the bill. I'll explain it on 3rd Reading.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments to be adopted -- approved?

Jillayne Rock

No further amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Now on 3rd Reading, Senate Bill 348. Senator Steans. Madam Secretary, read the bill.

Jillayne Rock

Senate Bill 348. (Secretary reads title of bill) 3rd Reading of the bill.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans.

Heather A. Steans (D)

Thank you, Madam President, Members of the Senate. This is 70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 an initiative of the Department of Human Services. It updates language pertaining to the Mental Health Fund to allow DHS to pay for expenses associated with providing support services to other State agencies. It collects these fees from the other State agencies and needs the authority to spend them. This is not increasing appropriation authority or any such. It just allows them to use this as an allowable expense. I would urge an Aye vote. I don't know of any opponents. Thank you.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall Senate Bill 348 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 53 voting Aye, 2 voting Nay, none voting Present. Senate Bill 348, having received the required constitutional majority, is declared passed. Now on page 3 of the Calendar is Senate Bill 2022. Senator Pankau. Senator Pankau wishes to proceed. Madam -- Senator Pankau seeks leave of the Body to return Senate Bill 2022 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2022. Madam Secretary, are there any Floor amendments approved for consideration?

Jillayne Rock

Floor Amendment 1, offered by Senator Pankau.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Pankau.

Carole Pankau (R)

Thank you, Madam President. Senate Amendment 1 becomes the bill. It is the amended veto language that the Governor wanted 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 to do on my Senate Bill 2083, which eliminated the fee for expedited filings of annual reports of limited liability companies in Illinois. And the reason why it is now on a new bill is because the House Speaker's Office determined that the Governor, in amendatorily vetoing it this way - although I agreed with it, overstepped his authority, his veto authority. So we had to put it on another bill and I ask for your favorable approval.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall Senate Bill 2022 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. There any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Senate Bill 2022. Senator Pankau, do you wish to proceed? She indicates she does. …Secretary, read the bill.

Jillayne Rock

Senate Bill 2022. (Secretary reads title of bill) 3rd Reading of the bill.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Pankau.

Carole Pankau (R)

Thank you, Madam President. I explained the bill on the amendment, which becomes the bill. I ask for your favorable 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 approval.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall Senate Bill 2022 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2022, having received the required constitutional majority, is declared passed. Now we'll go to Supplemental Calendar No. 2 - the corrected Supplemental Calendar No. 2. On the top of the -- that Calendar is House Bills 2nd Reading. House Bill 355. Senator Haine. Senator Haine wishes to proceed. Madam Secretary, read the bill.

Jillayne Rock

House Bill 355. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Have there been any other Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Now on House Bills 2nd Reading again is 358. House Bill 358. Senator Harmon. Out of the record. On House Bill 384, Senator Hutchinson. Senator Hutchinson. Senator Hutchinson wishes to proceed. Madam Secretary, read the bill. 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Jillayne Rock

House Bill 384. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Have there been any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 442. Senator Steans. It's on 2nd Reading. Do you wish to move it to 3rd? Senator Haine {sic} wishes to proceed. Madam Secretary, read the bill.

Jillayne Rock

House Bill 442. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. With leave of the Body, we will return to House Bill 358. Senator Harmon. Senator Harmon wishes to proceed. Madam Secretary, read the bill.

Jillayne Rock

House Bill 358. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 3rd Reading. Now on House Bill 503, Senator Hutchinson. Senator Hutchinson wishes to proceed. Madam Secretary, read the bill.

Jillayne Rock

House Bill 503. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Senate {sic} Bill 506. Senator Muñoz -- Muñoz. Madam Secretary, read the bill.

Jillayne Rock

House Bill 506. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Senate {sic} Bill 507. Senator Trotter. Senator Trotter wishes to proceed. Madam Secretary, read the bill.

Jillayne Rock

House Bill 507. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Senate {sic} Bill 606. Senator Rezin. Madam Secretary, read the bill.

Jillayne Rock

75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 House Bill 606. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. On Senate Bill 735 -- oh! I'm sorry. House Bill 735. Senator Muñoz. Madam Secretary, read the bill.

Jillayne Rock

House Bill 735. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 1076. Senator Kotowski. Out of the record. On Senate {sic} Bill 1577, Senator Haine. Madam Secretary, read the bill.

Jillayne Rock

House Bill 1577. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance adopted Amendments 1 and 6.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Are there any further Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. On House Bill 1708, Senator Koehler. Madam Secretary, read the bill. 76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Jillayne Rock

House Bill 1708. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Senate Bill 1927 -- House Bill 1927. Senator Harmon. Madam Secretary, read the bill.

Jillayne Rock

House Bill 1927. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Have there been any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 3788. Senator Koehler. Madam Secretary, read the bill.

Jillayne Rock

House Bill 3788. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. With leave of the Body, we'll return to House Bill 1076. Senator Kotowski. Madam Secretary, read the bill. 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011

Jillayne Rock

House Bill 1076. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Have there been any Floor amendments approved for consideration?

Jillayne Rock

No further amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 3840. Senator Althoff. Madam Secretary, read the bill.

Jillayne Rock

House Bill 3840. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Now we'll go to today's Calendar, on page 5, on 2nd Readings. House Bill 691. Senator Trotter. Madam Secretary, read the bill.

Jillayne Rock

House Bill 691. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. The Senate will stand at ease for a few 78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 minutes to allow the Committee on Assignments to meet. The member {sic} of the Committee on Assignments will come to the President's Anteroom immediately. The Senate will stand at ease. (at ease) The Senate will come to order. Madam Secretary, Committee Reports.

Jillayne Rock

Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Education Committee - Motion to Concur with House Amendments 5, 7 and 9 to Senate Bill 2147. Signed by Senator James F. Clayborne, Chairman.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Ladies and Gentlemen, the following committees will be meeting to take up committee or Floor amendments tonight: The Education Committee will meet in Room 409 at 5:20 and Labor will meet in Room 212 at 5:35. Now on the corrected Supplemental Calendar No. 2 is Senate Bill 50. Senator Silverstein. Senator Silverstein wishes to proceed. Madam Secretary read the motion.

Jillayne Rock

I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 50. Signed by Senator Silverstein.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Silverstein.

Ira I. Silverstein (D)

Thank you, Madam President. This allows the establishment of a liquor establishment within a hundred feet of a church or school for several institutions. I'll take any -- letters -- we did -- in committee, Senator Righter did ask that we receive 79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 some letters, one from a Ukrainian church, which we just received, hot off the press. So, Senator Righter, I hope you're satisfied. Take any questions.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? Senator Righter.

Dale A. Righter (R)

Thank you, Madam President. To the motion, if I might.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) …the motion.

Dale A. Righter (R)

Thank you, Madam President. I simply rise in support of the gentleman's motion to concur, and I want to congratulate and thank Senator Silverstein and his staff for the near-herculean efforts that I know that -- that they undertook in order to get a letter from the Ukrainian Cultural Center. Thank you, Madam President.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) Senator Silverstein, to close.

Ira I. Silverstein (D)

Senator Righter, I thought you'd speak Ukrainian for me.

M. Maggie Crotty (D)

PRESIDING OFFICER: (SENATOR CROTTY) The question is, shall Senate Bill 50 -- Amendments 1 and 2 to Senate Bill 50 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 voting Aye, 11 voting Nay, none voting Present. Senate Bill 50, having received the required constitutional majority, the Senate does concur in House Amendments 1 and 2 to Senate Bill 50. The bill is 80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 declared passed. The Senate will recess for committee hearings, then we will reconvene for committee reports and Assignments Committee meeting, but no Floor action. We will then adjourn for Session at 8:40 a.m. tomorrow. We will reconvene for Session at 8:40 - not 8:41, not 8:42 - 8:40. Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senate will come to order. Madam Secretary, Committee Reports.

Jillayne Rock

Senator Forby, Chairperson of the Committee on Labor, reports Motion to Concur with House Amendments 4 and 5 to Senate Bill 72 recommended Do Adopt.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Messages from the House.

Jillayne Rock

A Message from the House by Mr. Mapes, 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 1865. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 and House Amendment 4. We have received like Messages on Senate Bill 1992, with 81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 69th Legislative Day 11/9/2011 House Amendment 2; Senate Bill 2458, with House Amendments 1, 2 and 3. They all passed the House, as amended, November 9th, 2011. Timothy D. Mapes, Clerk of the House.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Madam Secretary, Committee Reports.

Jillayne Rock

Senator Lightford, Vice-Chairperson of the Committee on Education, reports Motion to Concur with House Amendments 2 and 3 to Senate Bill -- 1226 and House Amendments 5, 7 and 9 to Senate Bill 2147, and the Motion to Accept the Governor's Amendatory Veto of Senate {sic} Bill 190, all recommended Do Adopt.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 8:40 a.m. on the 10th day of November, 2011. The Senate stands adjourned. 82