Illinois General Assembly Floor TranscriptsBrowseSenate97th GA

Illinois Senate Floor Debate — March 29, 2012

97th General Assembly (2011-2012) · Legislative day 99 · Regular Session
Chamber
Senate
General Assembly
97th (2011-2012)
Date
March 29, 2012
Legislative day
99
Session
Regular Session
Speaker turns
1,284
Original
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John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Good morning. The regular Session of the 97th General Assembly will please come to order. Will the Members be at their desks -- at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Shaun Lewis, Capitol Commission, Springfield, Illinois. Pastor Lewis.

PASTOR SHAUN LEWIS

(Prayer by Pastor Shaun Lewis)

John M. Sullivan (D)

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

Edward D. Maloney (D)

(Pledge of Allegiance, led by Senator Maloney)

John M. Sullivan (D)

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

Anderson

Senate Journal of Wednesday, March 28th, 2012.

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. Mr. Secretary, Resolutions.

Anderson

1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senate Resolution 691, offered by Senator LaHood and all Members. It's a death resolution, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Consent -- Consent Calendar. Mr. Secretary, Committee Reports.

Anderson

Senator Harmon, Chairperson of the Committee on Executive, reports Senate Amendment 3 to Senate Bill 409, Senate Amendment 2 to Senate Bill 2847, Senate Amendment 3 to Senate Bill 3173 and Senate Amendment 2 to Senate Bill 3497 recommended Do Adopt.

John M. Sullivan (D)

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

William R. Haine (D)

Mr. President, Ladies and Gentlemen of the Senate, I wish to remove my motion to reconsider which I filed on House Bill 3443. And I request that the Secretary of the Senate send the bill -- engross it and enroll it, and send it to the Clerk of the House to be sent to the Governor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine seeks leave to remove -- to withdraw his motion. Seeing no objection, leave is granted. Mr. Secretary, House Bills 1st Reading.

Anderson

House Bill 1473, offered by Senator Delgado. (Secretary reads title of bill) House Bill 3881, offered by Senator Harmon. (Secretary reads title of bill) House Bill 3914, offered by Senator Lightford. 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 (Secretary reads title of bill) House Bill 3986, offered by Senator Holmes. (Secretary reads title of bill) House Bill 4063, offered by Senator Righter. (Secretary reads title of bill) House Bill 4559, offered by Senator Clayborne. (Secretary reads title of bill) House Bill 4596, offered by Senator Haine. (Secretary reads title of bill) House Bill 4609, offered by Senator Lightford. (Secretary reads title of bill) House Bill 4926, offered by Senator Dillard. (Secretary reads title of bill) House Bill 5090, offered by Senator Holmes. (Secretary reads title of bill) House Bill 5221, offered by Senator Silverstein. (Secretary reads title of bill) House Bill 5337, offered by Senator Bivins. (Secretary reads title of bill) House Bill 5587, offered by Senator Lightford. (Secretary reads title of bill) House Bill 5730, offered by Senator Delgado. (Secretary reads title of bill) 1st Reading of these House bills.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, if I could have your attention. All Members within the sound of my voice please come to the Senate Floor immediately. We will be going to the Order of Senate Bills 3rd Reading. We have a long day ahead of us. The sooner 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 we get started, sooner we can conclude our business. Just FYI, we will be starting on the middle of page 24 of the printed Calendar and that will be on the Order of House {sic} Bills 3rd Reading. That's where we left off yesterday. That's where we will -- we will be starting today. Will all Members within the sound of my voice please come to the Senate Floor immediately? Senator Maloney, for what purpose do you rise?

Edward D. Maloney (D)

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

John M. Sullivan (D)

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

Edward D. Maloney (D)

In the gallery behind me, Mr. President, is a group of youngsters, fifth graders, from my home parish, St. John Fisher School. They're the first of two groups to arrive today. They're here today to make a full day of visiting the Capitol, going to the museum, seeing some of the sights in Springfield. And I would appreciate it if the Senate gave 'em a warm Senate welcome.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Would our guests in the galleries please rise? Welcome to the Illinois State Senate. Great to have you here today. Ladies and Gentlemen, we're just about ready to go to the Order of Senate Bills 3rd Reading. Again, if there's any Members that are not on the Floor, if you're in your offices, please come to the Floor immediately. We're going to start here in just a couple minutes. Again, we will start where we left off last night, about the middle of page 24 of the printed Calendar, 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senate Bills 3rd Reading. Senate will come to order. Mr. Secretary, Messages from the House.

Anderson

A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 404. We have received like Messages on House Bills 411, 3779, 3816, 3892, 3893, 3895, 4031, 4444, 4453, 4496, 4514, 4566, 4602, 4863, 4937, 4986, 4996, 5104, 5122, 5189, 5190, 5201, 5266, 5289, 5290, 5362, 5451, 5482, 5635, 5679, 5825, 5826, 5866, 5877 and 5922. Passed the House, March 28th, 2012. Timothy D. Mapes, Clerk of the House.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, we are going to go to the Order of Senate Bills 3rd Reading on the middle of page 24 of your printed Calendar. We have a big day ahead of us. We have a lot of work to do, so we're going to go through the Calendar as quickly as possible. We'll take time for debate when that's necessary. First up on the Calendar is Senate Bill 3583. Senator Frerichs. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3583. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs. 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Michael W. Frerichs (D)

Thank you very much, Mr. President. Senate Bill 3583 is an initiative of the Department of Financial and Professional Regulation. This bill makes changes to the Savings and Loan Act of 1985. We've put on an amendment that brings on support of Illinois Bank {sic} (Bankers) Association, Community Bankers Association. And I'm not sure debate is needed on this one.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3583 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 47 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3583, having received the required constitutional majority, is declared passed. Senator Noland, for what purpose do you rise?

Michael Noland (D)

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

John M. Sullivan (D)

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

Michael Noland (D)

We see a lot of families here in the Chamber today and I'm very fortunate likewise to have my family with me. If you would, help me welcome them. I have my lovely wife, Veronica, who is here; my daughter, Claire, nine-years-old. She's soon to be ten. She is at Elgin Academy studying the three Rs and plays the trumpet. And my son, Lucian, who is in a dual language for 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Spanish at Channing Elementary School in Elgin. Won't you welcome them to the -- to the Senate? Thank you very much.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate, the Noland family. Great to have you here. Senator Schoenberg, for what purpose do you rise?

Jeffrey M. Schoenberg (D)

Mr. President, I, too, rise on a point of personal privilege.

John M. Sullivan (D)

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

Jeffrey M. Schoenberg (D)

I can't tell you I have a family member with me like Senator Noland, but, nonetheless, I have a very extraordinary young man who is my Page for the Day. David Meyer is actually a constituent of Senator Garrett's from Deerfield. He's an eighth grader at the Caruso Middle School. He is an -- an honor roll student, a high scorer on the ACT. He has an active interest in politics. He's in the student council. I'm sure he wants to follow in Senator Garrett's footsteps. And his mother, Stacey Meyer, is directly behind me in the gallery on the Democratic side. Could you please give them both a warm Senate greeting? Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) David, welcome to the Illinois State Senate. Please rise and be recognized. Great to have you here today. Next up on the Calendar is Senate Bill 3584. Senator Frerichs. Mr. Secretary, read the bill.

Anderson

7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senate Bill 3584. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

Thank you very much, Mr. President. Senate Bill 3584 amends the definition of "imprisonment" to include electronic home detention when an offender in the sheriff's custody is placed in an electronic home detention program. This is something that was an initiative of the Champaign County Sheriff in an effort to try and save money. It's a much more cost- effective way of dealing with our criminal population.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3584 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 49 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3584, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3591. Senator Jacobs. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3591. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Jacobs.

Mike Jacobs (D)

Thank you, Mr. President. Senate Bill 3591 amends the Public Utilities Act to require that every electric company or alternative utility -- retail electric supplier provide an environmental disclosure either through electronic medium or through the U.S. Postal Service. 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 Senate Bill 3591 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 51 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3591, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3593. Senator Silverstein. Mr. Secretary, Senator Silverstein seeks leave of the Body to return Senate Bill 3593 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3593. Are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 3, offered by Senator Silverstein.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein, on Amendment 3.

Ira I. Silverstein (D)

I would first like to table Senate Amendment No. 2. If we can take that up first. Okay, I think we're just going to -- No. 3, Mr. -- Mr. President. To the amendment. Senate Amendment 3 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 really -- it becomes the bill. I can explain it on 3rd Reading.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on Amendment 3? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3593. Please read the bill.

Anderson

Senate Bill 3593. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.

Ira I. Silverstein (D)

Thank you -- thank you, Mr. President. This amends the Probate Act. Under current law, the public guardian is to prepare a inventory of the ward's property and maintain insurance on the ward's property. However, if they feel -- the public guardian feels that they -- such insurance is not necessary because of a lack in equity, they can ask the court and they can -- the court can say there's insufficient funds or there's no equity to maintain the insurance. Again, it's the…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3593 pass. All those 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 48 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 3593, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3597. Senator Martinez. Senator Martinez. Out of the record. Senate Bill 3601. Senator Kotowski. Senator Kotowski. Out of the record. Senate Bill 3602. Senator Steans. Mr. Secretary, Senator Steans seeks leave of the Body to return Senate Bill 3602 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of -- 2nd Reading is Senate Bill 3602. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered by Senator Steans.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans, on Amendment 1.

Heather A. Steans (D)

Yeah, I'll explain the amendment along with the bill on 3rd Reading.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3602. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3602. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Heather A. Steans (D)

Yes, thank you, Mr. President, Members of the Senate. This bill amends the Violent Crimes Victim {sic} (Crime Victims) Assistance -- Act, changing the way penalties are assessed. It takes it from a calculation to a flat fee. The intent's not to increase the fee amount, but to make it easier to calculate so it's more likely to get applied. I would appreciate an Aye vote. There's still work being done on maybe -- over in the House, but what we have right now, there's no disagreement on. And we'll only amend it in the House if we can get to an agreement as well.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3602 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3602, having received the required constitutional majority, is declared passed. Next up is Senate Bill… Oh, with leave of the Body, we will skip over 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 3614 and 3616 and go to 3618. Senator Frerichs, on Senate Bill 3618. Mr. Secretary, read the bill.

Anderson

Senate Bill 3618. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

Thank you very much, Mr. President. Senate Bill 3618, the amendment provides that IDOT shall issue a concession to an intercity bus operator for a period of two years. The concessionaire must participate in the Amtrak Thruways program. We're trying to be able to coordinate between towns that don't have Amtrak service so that buses can arrive close to the time of trains departing. I know of no 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 Senate Bill 3618 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 51 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3618, having received the required constitutional majority, is declared passed. Next up, at the bottom of page 24, 3619. Senator Kotowski. Out of the record. Ladies and Gentlemen, turn to the top of page 25. We have Senate Bill 3621. Senator Delgado. Mr. Secretary, read the bill. 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Anderson

Senate Bill 3621. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.

William Delgado (D)

Thank you, Mr. President, Members of the Senate. Senate Bill 3621, as amended, changes the name of the Illinois State Police Projects Trust Fund to the Illinois State Police Federal Projects Trust {sic} Fund and establishes -- establishes as a federal trust fund in the State treasury. The bill requires any interest earnings that are attributable to moneys in the federal trust fund to be deposited into the fund. Finally, Senate Bill 3621 adds the Illinois State Police Federal Projects Trust {sic} Fund and the State Police Motor Vehicle Theft Prevention Trust Fund to the list of funds in the State treasury. And we would ask for your Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3621 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3621, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3638. Senator Raoul. Out of the record. Senate Bill 3659. Senator McCann. Mr. Secretary, please read the bill. 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Anderson

Senate Bill 3659. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: Thank you, Mr. President and Ladies and Gentlemen of the Chamber. Senate Bill 3659 is an initiative aimed at helping Hope Institute. It adds an additional exemption to the Procurement Code to allow for a not-for-profit agency for the severely handicapped that also provides transitional services to youth -- it allows them to qualify to provide supplies and services to the State of Illinois. The goal of this legislation is to include {sic} youth ages fourteen and a half to twenty-two years old with disabilities the opportunity to -- to be able to receive employment opportunities as included in their individualized education plan under the State Use Act {sic}. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3659 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3659, having received the required constitutional majority, is declared passed. Senator Haine, on Senate Bill 3663. Mr. Secretary, Senator Haine seeks 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 leave of the Body to return Senate Bill 3663 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3663. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered by Senator Haine.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, on Amendment 1.

William R. Haine (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment replaces the other language in the bill, pursuant to a colloquy with Senator Syverson. And it prohibits taking digital photographs at accident scenes. Distracting…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3663. Please read the bill.

Anderson

Senate Bill 3663. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine. 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

William R. Haine (D)

Would ask for an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3663 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3663, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3665. Senator Jacqueline Collins. Mr. Secretary, Senator Collins seeks leave of the Body to return Senate Bill 3665 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3665. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered by Senator Jacqueline Collins.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins, on Amendment 1.

Jacqueline Y. Collins (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Amendment No. 1 makes an attack on a letter carrier or postal worker an aggravating factor when imposing a sentence for an assault, aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery. Senate Amendment No. 1 gives the judge the discretion to consider and 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 impose a more severe sentence, rather than giving the prosecution the authority to automatically charge an aggravated offense.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3665 pass. All those in favor will vote -- oh, excuse me. That was the amendment. Thank you. Seeing no discussion, all those in favor will say Aye. Opposed, Nay. The Ayes have it. Mr. Secretary, are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) The amendment was adopted. Now on the Order of -- so, 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3665. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3665. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.

Jacqueline Y. Collins (D)

Thank you. The Floor amendment explained the bill. I would just ask for your support.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question now is, shall Senate Bill 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 3665 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3665, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3669. Senator Link. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3669. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

Thank you, Mr. President. This institutes the -- uniform rule regarding yard signs at the polling place and takes care of what I believe is an unconstitutional delegation of State authority. It prohibits the placement of political signs at the polling place's property during early voting and -- because this is mostly government buildings where government business is being conducted during early voting days. Be more than happy to answer any questions. I just want to remind everybody, this is the same type of bill we passed out of here with fifty votes the last time this bill was up.

John M. Sullivan (D)

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

Dan Duffy (R)

19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 To the bill, Mr. President.

John M. Sullivan (D)

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

Dan Duffy (R)

You know, I would just like to clarify for everyone that in current law, the churches that might also function as polling places, it's under their discretion whether they want signs or they don't want signs. And what this law does is it forces them to put up signs and takes away their discretion. Thank you.

John M. Sullivan (D)

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

Dale A. Righter (R)

Will the sponsor yield, please?

John M. Sullivan (D)

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

Dale A. Righter (R)

Thank you, Mr. President. Senator Link, we discussed this a little bit in the Executive Committee and I want to comb through some of that territory again. Now, you asserted in committee that there were a couple cases that clearly stated that this is what we had to do in order to be -- in order to comply with the Constitution. I'd like you to walk through, in at least some measure of detail, what's in those cases and how you've come to that conclusion that this bill is the only way for us to comply with the Constitution.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Well, first of all, Senator Righter, you know I'm not a constitutional lawyer, but I will -- I will say from legal authorities that have advised me on this and -- that this is what we believe is a unconstitutional divide of authority -- delegation of private property. And that's where we feel that it's the situation in this case -- in those cases.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Who are the legal authorities who are advising you, Senator? And do you have a written opinion or can you give me the gist of their opinion?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

No, I do not have a written authority. And I'm just using it from legal staff that I have. And I -- and I trust them immensely.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Senator Link, you think it's appropriate for State government to mandate to a church or another private property owner that they are required to put -- allow signs up on their property even if they choose not to?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

Well, on that day, we are -- they are accepting the money 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 to be a polling place and it's the same as those that are private entities that are accepting that money to be a polling place. And we don't mandate, but we expect them to put signs up at their locations. And we are separate -- and you are asking to separate the church from those private entities in this particular case.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

To the bill, if I might, Mr. President. Thank you. Ladies and Gentlemen of the Senate, this is a mandate. This is State government saying, if you choose to afford local -- a local election official the ability, for twelve hours during the day, as a place to cast their ballots, then we are going tell you that you have to put political signs - any political signs - regardless of what the candidate stands for, regardless of how much you object to what that candidate stands for, you're going to have to put it on your property. This is such an overreach by State government to tell these private property owners that they have to do this. The Constitution doesn't mandate. I've read the cases that Senator Link is referring to. There's no language in there that says if you don't -- require these signs to be put on there, that you're in violation of the Constitution. There's not one word in those cases that says that. If the local election authorities don't want to deal with this particular private property owner, or that one, then they can find another place. And by the way, your local county clerks are worried about this because if you require this, you're going to have even fewer choices of where to put these 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 polling places. So all of you who are concerned about voter participation and having more places for -- for voters to cast ballots, this is a bad idea, 'cause the election authorities are going to have more trouble finding places to cast ballots. But that's not the central issue here. The central issue here is whether State government has the right to tell a private property owner and a -- a church - I mean, is the quintessential example - that you have to put political signs on your property. I don't care if the local election official is renting their property for twelve hours. That's not right and we shouldn't do it. Please vote No on Senate Bill 3669. Thank you, Mr. President.

John M. Sullivan (D)

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

Don Harmon (D)

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

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Harmon.

Don Harmon (D)

Thank -- thank you, Mr. President. Senator Link, I -- I am sensitive to the issues that have been raised here in debate, but I do want to ask a couple of questions just for the clarity of the Body. There is nothing in your bill or nothing in existing law that would compel a private school or a church to serve as a polling place. Is that correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 That is correct.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

So if you're bill were to pass into law, a church or a private school could simply decline to be a polling place if they did not want to abide by the -- the legal requirement to permit the placement of campaign signs. Is that correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

That is correct.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

And one last question, I don't know if you addressed this issue in your introductory remarks, Senator, but it certainly -- in -- in my part of the world, we're seeing a dramatic reduction in the number of polling places, given the growth in early voting and the budget constraints at the clerks' offices as they seek to consolidate and cut costs. If -- if that's your experience as well, do you think that this -- that there's a legitimate threat that we won't have enough polling places if your bill were to pass into law?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

Thank you, Senator Harmon. As -- as you know, I addressed that in committee. Because of the decline in -- or, I should 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 say, the increase in early voting, which I was a very proud sponsor of, that we are seeing a huge decrease on election day voting, and with the consolidation of precincts, that we are seeing a decrease in the amount of polling places, so that the fear of less -- of decrease of some of these polling places is not a concern I think that we face.

John M. Sullivan (D)

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

Mike Jacobs (D)

A question of the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Jacobs.

Mike Jacobs (D)

If the fundamental issue is whether the church has a right to put up campaign signs, can they currently choose which campaign signs they want to put up? In other words, could a church say that I only want to put up the Republican signs, the conservative Republicans? Can they -- can they do that currently?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

If you're referring to in this legislation, this -- legislation says all or none. Current law…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- Senator Jacobs.

Mike Jacobs (D)

So, current law says all or none. Is that correct, 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

Yes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

Mike Jacobs (D)

And -- and your bill would say all. Correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

If they're a polling place, yes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

Mike Jacobs (D)

…Senator.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator Link, do you wish to close? Senator Link.

Terry Link (D)

I -- I think there's a little misconstrusion {sic} by one of the speakers on this. When a church or a private school is acting as a polling place, they're existing as a public authority on that day. I am not trying to discriminate against anyone. I am just trying to bring all these polling places into compliance with the statute and the Constitution. I remember when I originally introduced this bill, which I said passed out of here with 50 Aye votes, that I -- in committee, I offered a - 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 - two amendments. I said either/or - no signs or all signs. And I offered it to the committee. I said you have a choice of one or the other. And the committee -- which the previous speaker, who has suggested we all vote No, chose all signs. And I said, "Okay. I'll take that amendment that we do all signs instead of no signs." So, I'm reintroducing it because this got tied up in the House. That's why I'm here again today to do this, so that we're in compliance, and we're doing all signs. I want to get the Constitution right. I want to get the statute right. I ask for an affirmative vote that we all correct this statute and we vote Yes on…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall Senate Bill 3669 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 31 voting Aye, 20 voting Nay, 0 voting Present. Senate Bill 3669, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3672. Senator Rezin. Senator Rezin seeks leave of the Body to return Senate Bill 3672 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3672. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered by Senator Rezin.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rezin, on Amendment 1.

Sue Rezin (R)

27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Thank you, Mr. President and Members of the Senate. Senate Bill 3672 is a bill that helps business follow the federal EPA air permit changes in a more timely manner. Under this bill, when the USEPA makes a change to air permits, then the Illinois EPA will make identical rule changes at the State level. This is just something that streamlines the process and -- and helps to -- helps business in order to get their permits in a timely manner. I know of no opposition.

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. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3672. Please read the bill.

Anderson

Senate Bill 3672. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rezin.

Sue Rezin (R)

Again, this bill helps business to follow the federal EPA air permit changes in a more timely manner. It just streamlines the USEPA regulation that's passed with the Illinois EPA regulation in a timely manner. I ask for an Aye vote. 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3672 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3672, having received the required constitutional majority, is declared passed. Next up -- oh, excuse me. Senator Murphy, for what purpose do you rise?

Matt Murphy (R)

Point of personal privilege, Mr. President.

John M. Sullivan (D)

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

Matt Murphy (R)

We are joined today by some special guests from back in my district: Natalie and Jack Schneider, and their parents, Meg and Scott; and Keirra Menk, and her parents, Chris and Steve. I'd appreciate if you'd give 'em all a warm Senate welcome.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Will Senator -- welcome to the State Senate, guests of Senator Murphy. Glad to you have here today. Next up on the Calendar, Senate Bill 3676. Senator Trotter. Please read the bill.

Anderson

Senate Bill 3676. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Leader Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President. Is this the amendment or are we doing the actual bill? The amendment becomes the bill. All right, thank you very much. What we're doing here, it -- Senate Bill 3676 reduces the assessment of rehabilitated homes to ten percent of the value of homes and has various qualifications to -- essentially to bring distressed and foreclosed properties back to the property tax rolls -- assessed rolls.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3676 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3676, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3677. Senator Delgado. Mr. Secretary, read the bill.

Anderson

Senate Bill 3677. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.

William Delgado (D)

Thank you, Mr. President, Members of the Senate. Senate 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Bill 3677 provides that -- the Office of the Attorney General with the power to petition for enforcement of subpoenas in discrimination cases under Human Rights Act. The bill provides that if a person fails to comply with a subpoena or refuses to surrender the material in cases where reproduction cannot be done, the Attorney General may file a petition for a court order for the enforcement of the -- of the -- of the subpoena or other request. The bill provides related provisions regarding venue, petitions to modify or set aside a subpoena, hearing, orders, and enforcement. The bill also deletes language which provided that if a person fails or refuses to file a statement or report or obey a subpoena, the Attorney General is deemed to have met the requirement of conducting a preliminary investigation and may -- commence a civil action to enforce the provisions of that Act. And I would ask for your Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3677 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3677, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3680. Senator Althoff. Mr. Secretary, read the bill.

Anderson

Senate Bill 3680. (Secretary reads title of bill) 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 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, Ladies and Gentlemen of the Senate. Senate Bill 3680 creates the Medicaid Budget and Impact Note Act. It provides that every bill shall have a Medicaid and -- budget note prepared on it if it amends the Public Aid Code, affects eligibility for or enrollment in Medicaid, or has a financial impact on the operation of the Department of Healthcare and Family Services. Such note shall be prepared for the bill prior to 2nd Reading in either Chamber. The bill outlines the process. I know of no one who objects to this measure. And it's very similar to what we currently do for pension fiscal notes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3680 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 3680, having received the required constitutional majority, is declared passed. Senate Bill 3681. Senator Dillard. Mr. Secretary, read the bill.

Anderson

Senate Bill 3681. (Secretary reads title of bill) 3rd Reading of the bill. 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This legislation would create a legislative board of repealers. And there are a number of states where the Governor has created an Office of the Repealer. This is an idea that has been proposed in the past by our colleague, Senator Ron Sandack, who -- who has seen this firsthand and -- and -- and the -- and the proliferation of statutes in his former role as the Mayor of Downers Grove. But we had a model, the CLEAR Commission, which worked on refining, streamlining, and modernizing our Criminal Code. And excessive red tape clearly hurts business. And where there's superfluous laws and regulations, businesses lose out and the State loses out on the job creation that -- that is there. Just to the west of us, Missouri just got rid of two hundred aged statutes. And in Michigan, they went through their outdated statutes last summer and they have eliminated regulations and statutes en masse. It's interesting, I went through and looked at the number of volumes that the Illinois Compiled Statutes have had over the last decades. And just in the last twenty years, we have more than doubled, doubled the size of the Illinois Statutes, from three or four volumes that were that wide to nine volumes with multiple supplements that are this wide. So, in twenty years, we've gone from statutes about that wide to statutes that wide, and we need to go through these. The other day, Senator Haine ably pointed out in one of our committees, on a bill called Caylee's Law, that we already had four ways - four ways - to make something a felony. But 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 what did we do? We added a fifth way. And we need and have the Legislative Research Unit and Reference Bureau to go through our statutes systematically. And, very importantly, one of the provisions of this bill is through an online system - for the public to tell us what laws are outdated. We have a law on the books that says it's a felony to put a dead mule on a barge on the Illinois River. I don't think we need to use a page and a half of the statutes, year after year after year, to tell us that. Certainly, the State Chamber of Commerce, the National Federation of Independent Businesses and business groups, I believe, can point out redundancies in our Codes and make this a more business friendly State. So, I would urge an Aye vote here. Let's follow the lead of our colleagues in Michigan and in Kansas and in Missouri and try to make this a more user friendly State for business and our citizenship as a whole. Thank you, Mr. President.

John M. Sullivan (D)

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

Jeffrey M. Schoenberg (D)

Questions of the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Senator Dillard, given your lengthy history here at the State Capitol, I could understand how you would become more and more libertarian with every passing month. But the question I have for you in all seriousness is, is this a -- is this Office of the Repealer -- does it sunset and go away when the task at 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 hand has been completed or does it go on in perpetuity?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

Kirk W. Dillard (R)

It goes on in perpetuity, and only because I just know the -- the nature of legislative bodies is to proliferate ourselves. And if you want a sunset date in here, I'm -- I'm happy to put a sunset date in over in the House. But, you know, I just think that you constantly need to clean up your statutes. And, you know, we have tremendous staff around here, not only our own staff here, but in the service units to the General Assembly. And we ought to be going through these statutes periodically and making sure that they're modernized and we don't have duplications in -- in them.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

I've agreed with everything that you've said, but it would just seem to me consistent that - like the CLEAR Commission, which I was very supportive of - when the task at hand has actually been completed, then it ought to eliminate itself, rather than ask the General Assembly to repeal the repealer. So that's a suggestion that I wanted to make to you. Maybe as you go over to the House, you -- that you include that sunset. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator Dillard, do you wish to close? Senator Dillard.

Kirk W. Dillard (R)

35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Very briefly, Mr. President. You know, we -- we need to make this State more user friendly to our citizens and to business. And there is no -- there is no rule against plagiarizing good ideas from other states. And if other states think this is a good idea, I do too. Been around here for a while, and as the CLEAR Commission pointed out, you can really clean up your statutes, make them much easier to read and get rid of -- and save a lot of trees at the same time. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. The question is, shall Senate Bill 3681 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3681, having received the required constitutional majority, is declared passed. Senator Althoff, for what purpose do you rise?

Pamela J. Althoff (R)

For a point of personal privilege.

John M. Sullivan (D)

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

Pamela J. Althoff (R)

I have a very long personal privilege announcement because I have a plethora of Pages. I have the Krause family. I have Mr. Joe; Mrs. Jodie; Ally, who is seven; Emily, who is five. They are from Carol Stream. And they actually came down to visit with Senator Millner. They are neighbors of Senator Millner's. And so, today, they get to be my Pages. Can we welcome them to Springfield? 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Absolutely. Will our guests please rise? Welcome to the Illinois State Senate. Great to have you here today. Senator Althoff.

Pamela J. Althoff (R)

And from my wonderful district of McHenry County, I have two Pages with me. I have Jonelle Draffkorn, from Woodstock. She's twenty years old. She's a sophomore at McHenry County College and she's studying environmental science and energy conservation. And next to her, I have her cousin, Katelyn Keefe, also from Woodstock. She's eleven years old, goes to Olson Elementary School, is in the fifth grade. And she likes talking, sports, reading, dancing, and her favorite subject is lunch. And her mother and grandmother are in the audience behind the Senate Republicans. Can we welcome them to Springfield as well, please?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) You bet we will. Will all of our guests of Senator Althoff's please rise. Welcome to the Illinois State Senate. Great to have you here today. Ladies and Gentlemen, we're going to go to Senator Kotowski. For what purpose do you rise?

Dan Kotowski (D)

Thank you, Mr. President. God, it's good to see you today. Thank you. I have -- it gives me -- well, I'm very honored today to introduce some wonderful Pages who've came from -- all the way from Elmhurst. They're -- I believe they're in Senator Dillard's district. And I have Ben and Patrick St. Clair. And because they're brothers, I'm just going to take it to -- side by side what their -- their interests are. So we have Ben, 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 likes the Sox, and Patrick likes the Cubs. They both like the Bears. They both like the Blackhawks. One goes to Sandburg; the other goes to Hawthorne. One's eleven; one's nine. One likes math; the other likes math. And they're basically -- one likes football; the other likes playing outside. And I think one, ultimately, wants to be a lacrosse player and the other wants to be a football player. But I've known their parents forever. They're great people. They're Kristen and Tim St. Clair. I've known them -- Kristen since I was in high school, and Tim, I've -- I got the pleasure of becoming great friends with him because of my friendship with Kristen. They're wonderful people. Kristen's a State's Attorney. Tim's in dental sales. And they're just great, wonderful people who've raised two very, very well-behaved young men. So, could you please join me in giving them a wonderful Springfield welcome?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ben and David {sic}, please rise. Welcome to the Illinois State Senate. Great to have you here today, and also your folks. All right, Ladies and Gentlemen, back to the Calendar. Senate Bill 3682. Senator Brady. Mr. Secretary, Senator Brady seeks leave of the Body to return Senate Bill 3682 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3682. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered Senator Brady.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Brady, on Amendment 1.

William E. Brady (R)

38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Thank you, Mr. President. I'd ask to adopt Amendment 1 and speak to it on 3rd Reading.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3682. Mr. Secretary, read the bill.

Anderson

Senate Bill 3682. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Brady.

William E. Brady (R)

Thank you, Mr. President. This is an initiative to bring more transparency to State government. It's been an issue that was worked out with the departments within State government. It amends the Transparency and Accountability Portal, requiring CMS to prepare a spreadsheet that will give us more information on the background of employees within the State. Help us, hopefully, solve our fiscal crisis but bring more transparency. I ask for your approval.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 none, the question is, shall Senate Bill 3682 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3682, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3687. Senator Christine Johnson. Mr. Secretary, read the bill.

Anderson

Senate Bill 3687. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.

Thomas Johnson (R)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3687 was brought to me by several constituents who suffer from Post Traumatic Stress Disorder and traumatic brain injury as a result of military service. With the number of returning veterans increasing, the use of service dogs will continue to grow. This bill creates a singular definition of service animal to include psychiatric disabilities, such as PTSD. It makes technical changes to bring the White Cane Law consistent with the Service Dog Access Law. There are no known opposition and I ask for an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question -- yes, the question is, shall Senate Bill 3687 pass. All those in favor will vote Aye. Opposed, Nay. 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 3687, having received the required constitutional majority, is declared passed. With leave of the Body, we will skip over 3689 and go to 3690. Senator Kotowski, on 3690. Mr. Secretary, read the bill.

Anderson

Senate Bill 3690. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.

Dan Kotowski (D)

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3690 amends the long-term care rebalancing Section of the State Budget Law by including in the definition of "long-term care rebalancing" a specific consideration of the costs associated with medically comprised - - or, compromised older adults that require institutional care and older adults that only require community support services. I know of no 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 Senate Bill 3690 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take - Mike? - the record. On that question, there are 55 voting Aye, 0 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 voting Nay, 0 voting Present. Senate Bill 3690, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3693. Senator Haine. Mr. Secretary, Senator Haine seeks leave of the Body to return Senate Bill 3693 to the Order of 2nd Reading. Leave is granted. Now on 2nd -- on the Order of 2nd Reading is Senate Bill 3693. Are there any amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered Senator Haine.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, on Floor Amendment 1.

William R. Haine (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This merely increases the amounts for various things sought by victims of violent crimes. It's under the control of the Court of Claims. The money's there. And these increases have been the result of increasing costs and inflation, for example, especially of burials of homicide victims.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3693. Please read the bill.

Anderson

42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senate Bill 3693. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

William R. Haine (D)

I -- I would ask for an Aye vote. No opposition.

John M. Sullivan (D)

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

Dale A. Righter (R)

Will the sponsor yield briefly, please, Mr. President?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) He indicates he will yield. Senator Righter.

Dale A. Righter (R)

Thank you. Senator Haine, it's my understanding that there are at least a provision or two in this bill that -- that seeks to codify rulings from -- from courts. Can you -- if you're familiar with that, can you touch on that for me, please?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

William R. Haine (D)

Would you clarify that, Senator Righter?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

It's my understanding that among the changes that you're making to the law through Senate Bill 3693, Senator, is that there may be a court ruling or two that we've had, I'm assuming, 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 with regards to the -- the population that's affected by this fund -- or, intended to be benefited by this fund, and taking those and incorporating them into law through this legislation. Is not -- am I reading that wrong or am I incorrect about that?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

William R. Haine (D)

I'm -- I don't see it here. I thought it was just increasing the amounts.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter, further questions? Thank you very much. Is there any further discussion? Ladies and Gentlemen, seeing none, the question is, shall Senate Bill 3693 pass. All those in favor will vote Aye. Opposed, Nay. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3693, having received the required constitutional majority, is declared passed. At the bottom of the page is Senate Bill 3694. Senator Silverstein seeks leave of the Body to return Senate Bill 3694 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3694. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 3, offered by Senator Silverstein.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein, on Amendment 3.

Ira I. Silverstein (D)

44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 I'll explain it on 3rd.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3694. Please read the bill.

Anderson

Senate Bill 3694. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.

Ira I. Silverstein (D)

Thank you, Mr. President. This is an initiative of the Comptroller. This applies to -- this -- the -- the bill applies to who certify and approves the vouchers for payment of the General Assembly appropriations to State universities. Under current law, it states that the president and the secretary of the Trustees may certify and approve the vouchers. The bill removes the secretary of the Trustees so the president of each university can be -- have sole responsibility of approving the vouchers.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 discussion? Seeing none, the question is, shall Senate Bill 3694 pass. All those in favor will vote Aye. Opposed, Nay. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3694, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we're going to change directions here for a minute. We're going to turn to the Order of Resolutions - Secretary's Desk, Resolutions. If you will turn to the bottom of page 30 of the printed Calendar, the bottom of page 30 of the printed Calendar, on the Order of Secretary's Desk, Resolutions, we have Senate Resolution 404. Senator Millner. Out of the record. Senate Bill -- or, Senate Resolution 437. Senator McCann. Mr. Secretary, please read the resolution.

Anderson

Senate Resolution 437, offered by Senator McCann.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann, on Senate Resolution 437. SENATOR McCANN: Thank you, Mr. President. Senate Resolution 437 simply says that Illinois is a major coal-producing state. And we just call on our congressional delegation to always be working there for us to convince the administration and those in Washington and those around the world to continue to use Illinois coal. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? All those in favor will say Aye. Opposed, Nay. The Ayes have it. 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 The resolution is adopted. Top of page 31 of the Calendar, we have Senate Resolution 544. Senator Millner. Out of the record. Senate Resolution 546. Senator Delgado. Mr. Secretary, read the resolution. Mr. Secretary, are there any -- are there any amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered by Senator Delgado.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado, on the -- on your amendment.

William Delgado (D)

Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 retains Senate Resolution 546 as introduced and makes a technical change in it. Per Floor Amendment No. 1, June -- June 2012 will be Prescription Drug Safety (Awareness) Month rather than Prescription Drug Abuse Awareness Month.

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. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, please read the resolution.

Anderson

Senate Resolution 546, offered by Senator Delgado.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.

William Delgado (D)

47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Thank you, Mr. President, Members of the Senate. As amended, Senate Resolution 546 declares June of 2012, and Junes afterward {sic}, as Prescription Drug Safety (Awareness) Month. And recognizes the Prescription Drug Abuse Plan's call to educate the public concerning the dangers of drug -- of prescription interaction and abusing prescription drugs, implement and improve prescription drug monitoring programs in - - in -- in the State, reduce the supply of unused prescription drugs in the home, and furnish law enforcement with the tools essential to remove improper prescription practices and cease "doctor shopping" and drug-seeking behaviors. And, Ladies and Gentlemen, let me point out to you, and for those who don't realize or have not been informed, drug interaction and drug deaths through prescriptions are now the number one leading cause of accidental deaths and has now surpassed gunshot wounds in America. Over thirty thousand Americans have died from prescription drug interaction or abuse. And we are looking at a very, very complicated situation here, to make sure that we're able to have medicine for our needs, but, at the same time, being very careful with what is going on and the alarming rate of accidental deaths. And I would indulge you to -- to support us on Senate Resolution 546.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Delgado. Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Next up is Senate Resolution 609. Senator Jacqueline Collins. Out of the record. Senate Resolution 620. Senator Kotowski, on Senate Resolution 620. Mr. Secretary, please read 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 the resolution.

Anderson

Senate Resolution 620, offered by Senator Kotowski.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.

Dan Kotowski (D)

Thank you very much, Mr. President. Senate Resolution 620 will urge Congress to pass the Secure Travel and Counterterrorism Partnership (Program) Act of 2011 in an effort to improve our international diplomatic relationships, create jobs, stimulate the economy, and strengthen national security. This focuses in particular on our relationships with the country of Poland. So we can make sure they're participating in the Visa Waiver Program.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The resolution is adopted. Senate Resolution 642. Senator Kotowski. Mr. Secretary, please read the resolution.

Anderson

Senate Resolution 642, offered by Senator Kotowski.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.

Dan Kotowski (D)

Thank you very much, Mr. President. It's at this point I would like to take the time to -- every year we've been introducing an annual recommendation of the Children's Oncology Services which proclaims the week of March 25th to March 31st as 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Pediatric Cancer Survivorship Week. We are -- we are blessed and honored today to be joined by a group of young people who are survivors of pediatric cancer. I would like them to stand one by one. They're all standing: Jacob Bassin, Victoria Bolanos, Devon Erickson, Brad Fritts, Jacob Hockstra, Phillip Murphy, Erin Mueller, Arnold Nevarez, Justin Schmitz, Robert Trejo, and Jesus Zizumbo. They're all survivors of pediatric cancer. And that -- what -- the thing they came about -- they come down here every year to tell their story. And what they want people to take away from their visit is, just because they have cancer, or have had cancer, doesn't mean they can't do everything that everybody else can. They want to be treated the same. They want to be treated like they can accomplish just about anything. And they are a wonderful and inspiring group of young people and we're blessed to have them here today. Could you please rise and give them a great round of applause?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Welcome to the State Senate. All those in favor of the resolution, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Thank you, Senator Kotowski. Senator Maloney, for what purpose do you rise?

Edward D. Maloney (D)

A point of personal privilege, Mr. President.

John M. Sullivan (D)

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

Edward D. Maloney (D)

The second group of youngsters from my home parish, St. John Fisher, is in the gallery on the Republican side. They're here with their teachers and many of the parents. They're fifth 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 graders, here to visit the Capitol and see the sights in Springfield. I'd appreciate it if the Senate would give 'em a warm Senate welcome to Springfield.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Will Senator Maloney's guests in the galleries please rise? Welcome to the Illinois State Senate. It's great to have you here today. Next up on the Calendar is Senate Joint Resolution 56. Senator Forby. Mr. Secretary, please read the resolution.

Anderson

Senate Joint Resolution 56, offered by Senator Forby.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby.

Gary Forby (D)

Thank you. This resolution declares that -- the third Thursday in May of 2012 Volunteer Emergency (Responder Appreciation) Day in the State of Illinois. This is a chance to honor thirty thousand men and women who risk their lives as firefighters and -- EMT. These people protect our communities out of the goodness of their heart. Most of them receives pennies -- pennies a day for the important work they do. So that's what this resolution does. I'd ask for an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Kotowski, did… Seeing -- seeing none, the -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Joint Resolution 61. Senator Meeks. Out of the record. Senator Kotowski, for what purpose do you rise?

Dan Kotowski (D)

Point of personal privilege. 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

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

Dan Kotowski (D)

This is just to address the fact that I mispronounced a fine gentleman's name up there in the gallery. It's Jesus Zizumbo. (Remarks in Spanish) Anyways, Jesus Zizumbo, God bless you. My apologizes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Kotowski. Senator Sandack, for what purpose do you rise?

Ron Sandack (R)

Good morning, Mr. President. A point of personal privilege, please.

John M. Sullivan (D)

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

Ron Sandack (R)

Thank you, Mr. President. Ladies and Gentlemen of the Senate, I have some friends - some personal friends - here. They're on spring break. They've snaked down Route 66. They're seeing all the sights here in the Capitol City. My friends: Steve, Jodi Harap, with their children, Leah and Joshua. Would my friends please rise? It's always Downers Grove day here in the Capitol. But I'd like a warm welcome, please.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Absolutely. Welcome to the Illinois State Senate. Great to have you here today. Welcome. Ladies and Gentlemen, if you'll turn to page 28 of the printed Calendar, we are going to go to the Order of House Bills 3rd Reading - top of page 28 of the printed Calendar, on the Order of House Bills 3rd Reading. 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 First up is House Bill 506. Senator Muñoz. Senator Muñoz. Out of the record. Senate {sic} Bill 735. Senator Muñoz. Out of the record. Senate {sic} Bill 1084. President Cullerton. Out of the record. Senate {sic} Bill 2009. Senator Harmon. Mr. Secretary, please read the bill.

Anderson

House Bill 2009, offered by Senator -- I'm sorry. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2009 amends the Election Code, and as you can see from the description on the board, it is referred to as the "party switching bill". This would prohibit a -- a person who has either filed a statement of candidacy for partisan office in a primary election or voted the ballot of an established political party in that primary election from then switching parties and running as a candidate of the other established political party or as an independent candidate. This is a bipartisan effort. It's sponsored by Representative Fortner in the House. I'm not aware of any opposition. I'd be happy to answer any questions and I ask for your Aye votes.

John M. Sullivan (D)

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

Dale A. Righter (R)

Thank you, Mr. President. If the sponsor would yield -- 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 briefly.

John M. Sullivan (D)

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

Dale A. Righter (R)

Thank you. Senator Harmon, just to make sure we're clear on one issue we did discuss in Executive Committee yesterday, and that is, the bill -- the bill's prohibition only applies to the most recent primary election, not necessarily the most recent primary election in which the individual voted. Is that correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. Thank you for your question, Senator. I should have addressed that, anticipating your question. Yes. The -- the bill couples the primary and its associated general election in a -- in a bundle. It is only your behavior in that primary election that could disqualify you in that general election. Voting in a different partisan primary, running as an -- for office under a different party label in a prior election, explicit in the bill, does not disqualify you in this cycle.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any further discussion? Seeing none, question is, shall House Bill 2009 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 3 voting Nay, 0 voting Present. House Bill 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 2009, having received the required constitutional majority, is declared passed. Next up on the Calendar is House Bill 3636. Senator Mulroe. Mr. Secretary, read the bill. Senator Mulroe seeks leave of the Body to return House Bill 3636 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 3636. Are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 2, offered by Senator Mulroe.

John M. Sullivan (D)

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

John G. Mulroe (D)

I'd be happy to explain it on 3rd.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Senator Pankau, would you like to speak to 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?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill -- House Bill, excuse me, 3636. Read the bill.

Anderson

House Bill 3636. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Mulroe.

John G. Mulroe (D)

Thank you, Mr. President, Members of the Senate. This is actually a pretty complicated issue. It's the result of a Cypress Creek case where the trial court made a decision which was reversed, or overruled, by the Appellate Court, which then, in turn, went up to the Supreme Court, which reversed the Appellate Court case. There were five Supreme Court justices that ruled in favor of -- or reversed the Appellate Court case. There was two dissenting justices that actually preferred to the -- the -- the law as stated by the Appellate Court case. The issue in this case, or in this bill, is how to allocate net proceeds of a sale between mechanic lienholders and mortgagees or lenders when the net proceeds of a sale are insufficient to satisfy claims of both the mortgagees and the mechanic lien creditors. I first want to state that I want to thank every member of the Judiciary Committee. This was a very complicated issue. I gave each member of the Committee the Supreme Court decision and the Appellate Court decision to try to make sure we're going forward in the right direction. Today, this is allowing us to provide policy for future cases. Because as a result of all these decisions, if you asked a hundred people that were on the banking industry or lending side, they would -- they would say that the Supreme Court majority had it right; if you asked a hundred people of contractors -- who represented contracts or contractors, they would say the dissenting opinion had it right. I hope today that policy is going forward as a result of -- of -- of all the discussions that we had as part of the Judiciary. By way of background, the Mechanic {sic} 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 (Mechanics) Lien Act was created to protect those furnishing material and labor for construction of buildings or public improvements. The Mechanic {sic} Lien Act statutorily created a paramount or superior lien over the mortgagees or lender with respect to the improvements to the land, notwithstanding the fact that the mortgage was recorded prior to the mechanic's lien. What this case did, or the majority opinion in the Cypress Creek case did, was allow the banks to become -- or, have equal footing with unpaid creditor -- or, contractors, because the banks had paid previous contractors, but the banks did not perfect their liens. What this is going to do -- it's a difficult decision, because there was not sufficient money to be allocated amongst everybody to satisfy liens. The court got it half right, in my opinion. They allocated a portion of the net proceeds to the -- the land, which the lender was entitled to. The other portion, though, and this -- this bill is going to actually divide it amongst the unpaid creditors that perfected their liens. And, actually, the -- the bank that did not perfect their liens will be left out. This is -- what's -- what this is doing is: Who are we going to give more of less? There's not -- there wasn't enough money to go around, but in this -- this case, or in my opinion, we want to favor the contractors, whether they're small, medium, or large, and at the -- at the expense of the banks, because what they did by putting the banks in is diluted the share that the unpaid contractors would get. So I'd ask for a favorable vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Dillard, for what purpose do you rise? 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Kirk W. Dillard (R)

Thank you, Mr. President. So, Senator Mulroe, how many…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) You have a question of the sponsor? Indicates he will yield.

Kirk W. Dillard (R)

I do. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

Kirk W. Dillard (R)

How many years of -- of law and practice does the Cypress Creek decision suddenly change?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

John G. Mulroe (D)

That depends on who you ask. The majority said it was -- the way they decided it was from the beginning - I think it was in the 1800s. The dissenting Supreme Court justices, as well as the Appellate Court justices, said that it was completely different to what the majority did. That's why I'm bringing it to -- to this Body today. So it's…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

Kirk W. Dillard (R)

So you're asking the -- the -- the Legislature to essentially overrule the Supreme Court?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

John G. Mulroe (D)

58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 What I'd -- what I'd like to do -- in effect, it -- it may have that effect, but just to clarify the intent of the Mechanics Lien Act, which was created hundreds of years ago, that gave priority to the men and women who provide work to the land without having the ability to assess risk, as the banks did.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

Kirk W. Dillard (R)

Senator Mulroe, what do other states do? Are we going to, if we pass your bill, be in the majority of states that side with contractors, or do the majority of states favor the banks in these situations?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

John G. Mulroe (D)

Senator, I -- I really could not give you a definite answer on that. The ones that we have looked -- and I think they're surrounding states, pretty much follow the -- the policy that you want to give preference to contractors who do work to improve the land when it -- when it comes down to splitting up money.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

Kirk W. Dillard (R)

Just -- just one more question. And -- and -- and, Senator, I give you an A+ for effort here, 'cause this is very, very difficult to wade through. In fact, it's funny, just back here -- I mean, I think most of us still, without the debate 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 here, don't know what we're going to do on this bill. But what -- were there not other cases in an eighty-year period that would have brought this to a head? Why, all of a sudden, after eighty years, do we have a decision that changes what had been the -- the practice of -- of Illinois for so long?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

John G. Mulroe (D)

I think they -- that the majority pointed to cases that would support their decision, but the dissent pointed to cases that supported their decision. So, a very unsettled policy, and that's why I wanted to bring it to the attention of the -- the Senate and try to do the right thing going forward, and set the policy to truly -- or clarify the intent -- or follow the intent of the Mechanics Lien Act.

John M. Sullivan (D)

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

Ron Sandack (R)

Thank you, Mr. President. To the bill, please.

John M. Sullivan (D)

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

Ron Sandack (R)

I -- I -- I commend the sponsor for taking on a complicated issue, and he admits it is complicated. I've read the -- the Cypress Creek case six times now, and I read it this morning one more time, and that includes the majority opinion and the dissent. I wish to be clear. The opinion is absolutely, unmistakably, the extension of a hundred and forty years of case 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 law. The attempt by the sponsor and those who promote this bill is to change consistent, unmistakable case law for a hundred and forty years. The policy reasons behind the requested change, however, have not been developed. Admittedly, he says it's complex, and if you ask a hundred people, you may get fifty different answers. The -- the fact of the matter is, we will have unsettled law if this is changed. You're going to see banks decide to tighten up their credit. So the endgame resolution of trying to make clarity and prefer one set of creditors over another will actually do two harms. It will stop small banks, particularly, from lending money - it will hurt credit. And, secondly, when there is distressed credits, when there are loans going bad, banks will rightfully pull the plug sooner because they'll be defensive. Rather than conclude projects, protect enhanced work, and offer opportunities for value, albeit discounted value, for all, we're going to see an unintended consequence in two different respects. I would ask the sponsor, because it's so complex and complicated, to pull the bill instead, not advance it. Because what's going to happen if this passes is two sets of unintended negative consequences to those the sponsor seeks to help and support. In sum, it's a good concept; it's not yet soup. And what's going to happen next is entirely clear. We often talk about unintended consequences, meaning negative unintended consequences. These, in this instance, are entirely foreseeable. We'll see less credit and we'll see less deals, and we'll see -- the deals that do go through, the -- the -- the plug will be pulled sooner, and the folks he hopes to help will be actually hurt. I'd ask for your No vote on this and that we 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 revisit it with more time and serious contemplation. Thank you, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Senator Mulroe, to close.

John G. Mulroe (D)

Thank you, Mr. President. While I respect Senator Sandack's opinion and his argument, I disagree with it. There were two Illinois Supreme Court judges that dispute what he said on the Floor. They disagreed that the case law was -- you know, that the -- was set by the majority. This is a policy decision to me. In terms of chilling effect, think what this is going to do, and we're going to put it on the backs of the contractors, to hold them responsible or dilute what they're going to get without the ability to assess risks. The banks do that up front when they're -- a project is being developed. They -- they are the ones that -- intimately involved in a project; they're the ones who are assessing the risks in whether to lend. The contractors - the roofers, the plumbers, the electricians - they aren't familiar with that. They want to go to -- do their work and get paid. By this majority opinion, it reduced the amount that the unpaid contractors provided in their work. In fact, what it did, it gave the bank the opportunity to pick, who would they pay first - and the developer. So, in this case, the bank knew that the developer was in default, yet still extended 1.5 million dollars of credit to the developer to pay contractors or -- or not to pay contractors. In the end, if there was a roofer involved and the bank wanted to make sure that the roof got on to protect the inside of the -- the building, and they knew the 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 value of the property was worse, they would know, hiring the -- the roofer, that they weren't going to get paid. And I don't think that's fair. So I want to -- I want the policy going forward to favor contractors - small, medium, large - to do -- if they -- they know they're going to do the work, they're going to get paid. The chilling effect this case might have on contractors is pretty evident to me. Contractors go to suppliers on -- and they extend credit to them. Hey, let me have the lumber so I can build the -- you know, my -- the -- the carpenters to do the work. If the suppliers don't think that the contractors are going to get paid, they're going to request that the contractors pay up front in cash. That will have a chilling effect on the construction industry. That's the last thing that we need right now. So I'd ask for an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. The question is, shall House Bill 3636 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 34 voting Aye, 10 voting Nay, 5 voting Present. House Bill 3636, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we're going to go back to the Order of House Bill -- excuse me, Senate Bills 3rd Reading, at the top of page 26 of the printed Calendar. That's where we left off a few minutes ago - top of page 26, the Order of Senate Bills 3rd Reading. We have Senate Bill 3695. Senator Frerichs. Out of the record. Senate Bill -- Ladies and Gentlemen, the next four bills, we have a letter on file here that changes the sponsorship to 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator -- doesn't change the sponsorship, it allows Senator Althoff -- Dillard -- Senator Dillard to present the bills for Senator Millner. So next up, we have Senate Bill 3697. Senator Dillard. Mr. Secretary, read the bill.

Anderson

Senate Bill 3697. (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. A very simple bill compared to the last one. It clarifies a decision rendered by the Illinois Supreme Court in -- last December that said, unfortunately, the penalty for delivery of drugs did not include in the definition of school “preschool”. So this adds preschool to the definition of schools that some prohibited activity dealing with drug dealing would be covered.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3697 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3697, having received the required constitutional majority, is declared passed. Senate Bill 3701. Senator Dillard. Mr. Secretary, read the bill.

Anderson

64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senate Bill 3701. (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. It's heady stuff here today. This is the third bill in a row that deals with decisions by either the United States or Illinois Supreme Court. And this legislation is in response to a United States Supreme Court decision that ruled for a defendant by saying, when police put a global positioning tracking device on an automobile without a warrant, that that was unconstitutional. So this bill is at the suggestion of the DuPage County State's Attorney and sets up a warrant system, where you can go ahead and put a tracking device on someone's car, but you got to have a warrant to be able to do so. And it makes us conform to the United States Supreme Court ruling in this type of situation.

John M. Sullivan (D)

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

Shane Cultra (R)

Question of the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Cultra.

Shane Cultra (R)

What -- what do you mean by a warrant? What -- what…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard. 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Kirk W. Dillard (R)

A search warrant, Senator Cultra.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cultra.

Shane Cultra (R)

Which would only be through a judge?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Dillard.

Kirk W. Dillard (R)

Yes, through a judge.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, question is, shall Senate Bill 3701 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3701, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3703. Senator Dillard. Mr. Secretary, read the bill.

Anderson

Senate Bill 3703. (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. This is also an initiative of the DuPage State's Attorney and it allows law enforcement 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 agencies to set up intergovernmental agreements to trade lists so that the elderly are protected in the case of elder abuse or neglect or financial exploitation. And, essentially, in DuPage County, the police officers, or law enforcement groups, may know that there is a warrant or a -- an order of protection for elder abuse. This would allow them to share their list with fire departments and other emergency folks who may come to someone's home. It's a way that local agencies can -- can share their data to make sure the elderly are protected in their homes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3703 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3703, having received the required constitutional majority, is declared passed. Senate Bill 3704. Senator Dillard. Mr. Secretary, read the bill.

Anderson

Senate Bill 3704. (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. The last bill on the order of -- of Senator Millner here. This stems from the DuPage County State's Attorney, but actually emanates from a case. And I was 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 surprised, like members of the Criminal Law Committee, that the law is age sixteen for trying to lure a child into a -- a motor vehicle. In this case, there was someone who was age seventeen and they were being -- tried to be lured into a van, and the court ruled, no, a seventeen-year-old, who could be a senior in high school, was not covered. So this takes the age of luring a child into a vehicle up by one year so that it would include seventeen-year-olds. It's clearly a -- a safety protection major for -- or, measure for our children, stems from a real case. And this just says, in this type of situation, the age is seventeen, not sixteen, where yours or my daughter or child could be being lured into a van.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Senator Dillard, we appreciate you carrying those bills for Senator Millner, who cannot be with us -- here today. The question is, shall Senate Bill 3704 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3704, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3711. Senator Kotowski. Please read the bill.

Anderson

Senate Bill 3711. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski. 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Dan Kotowski (D)

Thank you very much, Mr. President. Senate Bill 3711 amends the Corporate Accountability for Tax Expenditures Act. It would require the Department of Commerce and Economic Opportunity disclose the amounts of grants, tax credits, and other types of assistance that are recaptured, the recipients of awards that are recaptured, and the identity of recipients that receive a waiver.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3711 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3711, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3718. Senator Harmon. Mr. Secretary, read the bill.

Anderson

Senate Bill 3718. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3718 is an initiative of the State Ambulance Association and seeks to resolve a -- a longstanding 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 dispute between the Association and the Department of Healthcare and Family Services. The problem we're trying to solve is very simple. An ambulance is dispatched to transport a patient in a non-emergency setting. They have been ordered to do so; they submit their bill. The Department, after the fact, denies the claim, says that it wasn't necessary. All this bill says is that the Department has to promulgate rules enunciating the criteria that will be used in determining when ambulance service should be dispatched, and if they don't do so, they can't deny a claim. I'm not aware of any opposition beyond that of the Department and I ask for your Aye votes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3718 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3718, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3722. Senator Harmon. Please read the bill.

Anderson

Senate Bill 3722. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Thank you, Mr. President, Ladies and Gentlemen of the Senate. As you may remember, in our campaign finance reform law, we permitted certain organizations - labor unions, professional associations, and -- and the like - to collect campaign contributions through the collection of dues and act as a conduit to contribute those moneys to its political action committee. We allowed them to do so without itemizing the individual contributions, primarily as a matter of convenience. It has since become apparent to some that there is a potential for abuse. This bill would permit the practice to continue, but trigger itemized disclosure once a contribution has reached fifteen hundred dollars. It's an initiative of the Illinois Chamber of Commerce. I'm not aware of any opposition and I ask for your Aye votes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? The question is, shall Senate Bill 3722 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3722, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3724. Leader Harmon. Please read the bill. Senator Harmon seeks leave of the Body to return Senate Bill 3724 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3724. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Floor Amendment 2, offered by Senator Harmon.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon, on Amendment 2.

Don Harmon (D)

The amendment is a technical amendment to correct a drafting error. I move for its adoption, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, the -- all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3724. Read the bill.

Anderson

Senate Bill 3724. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. As you might recall, a year or more ago, we passed the Energy Efficiency {sic} (Efficient) Building Act, which had a -- a new building Code for energy efficiency. This bill is an initiative of the Home Builders. It seeks to make some modest adjustments to that to accommodate some practical concerns that 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 have been raised. I applaud the Home Builders and all of the various stakeholders, who have worked hard to make this an agreed bill. I have agreed to articulate a short statement on the Floor that is, I think, important to the -- the agreement. It's the intent of this legislation, in subsequent administrative rules, that the Capital Development Board will increase home builder representation on the Illinois Energy Code Advisory Commission {sic} (Council). In addition, it's the intent of this legislation, in subsequent administrative rules, that the Capital Development Board create an Advisory Residential Subcommittee to the Illinois Energy Conservation Code Advisory Commission for the purpose of reviewing the Code and recommending appropriate amendments and adaptations to the Code to the Advisory Commission, as provided and enabled under this amendatory Act. I'm not aware of any opposition. It is an agreed bill and I ask for your Aye votes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Leader Harmon. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3724 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3724, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3726. Leader Harmon. Read the bill. Senator Harmon seeks leave of the Body to return Senate Bill 3726 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3726. Are there 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered by Senator Harmon.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon, on Amendment 1.

Don Harmon (D)

Thank you, Mr. President. I move for the adoption of the amendment.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing -- on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3726. Please read the bill.

Anderson

Senate Bill 3726. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill is an initiative of the Administrative Office of the Illinois Supreme Court {sic} (Illinois Courts). It repeals two Sections of the law, one which requires reporting on 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 a -- a mandatory arbitration program. We believe that reporting has outlived its usefulness, as the program has become institutionalized. The second repeal is a prohibition on broadcast or televised testimony. As you know, the court has paved the way for cameras in the courtroom. This would accommodate that change.

John M. Sullivan (D)

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

Thomas Johnson (R)

To the bill.

John M. Sullivan (D)

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

Thomas Johnson (R)

Yes, we discussed this in committee and this is initiated by the Supreme Court and by the sponsor, and I think it's necessary in light of the fact that we're going to now permit cameras in the courtroom. My problem with it is that, without giving witnesses, who are going to have to testify, some ability to opt out of being televised as they give their testimony, you know, I think this is a little premature, because I don't think that witnesses who do not want to be televised in the witness stand, for whatever reason, ought to be forced to testify and be on the cameras. Now certainly the court, you would hope, would take into consideration the fact that a witness doesn't want the cameras rolling while they're testifying and maybe tell 'em to shut the cameras off. But there really is not that protection built in at this point to protect witnesses who, for whatever reason, wish that their testimony not be televised. And I think 75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 that there needs to be more thought put into how we're going to go about this and how to protect those people who are going to be subjected to having their pictures put out all over the world, on Facebook or whatever, because they had to testify in a court case. That's my only objection to it. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Senator Harmon, you wish to close? Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. Senator Johnson's points are well taken, but I -- I would remind the Body that the -- the court will manage and administer the cameras in a courtroom program. I -- I trust the court will do the right thing and -- and -- and -- that -- I think we should give them the latitude to implement the program. I ask for your Aye votes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall Senate Bill 3726 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 37 voting Aye, 16 voting Nay, 0 voting Present. Senate Bill 3726, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3727. Leader Harmon. Mr. Secretary, Senator Harmon seeks leave of the Body to return Senate Bill 3727 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3727. Are there any Floor amendments approved for consideration?

Anderson

76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Floor Amendment No. 2, offered by Senator Harmon.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon, on Amendment 2.

Don Harmon (D)

Thank you, Mr. President. I move for the adoption of the amendment and happy to discuss it on 3rd Reading.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3727. Read the bill.

Anderson

Senate Bill 3727. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I will be very pleased when this bill passes, as I know many other people in the building will be. We have been working on this for three years or more. It is a modernization of the Public Health Department's Swimming Pool -- Swimming Facility Act. It has been a long time in the making. I applaud all of 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 the stakeholders. I believe we have reached an agreed bill with all of the various amendments. It is necessary, in light of federal mandates, to improve our swimming pools. And I ask for your Aye votes.

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. Questions of the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Syverson.

Dave Syverson (R)

Thank you. Mr. Leader, I know we talked about this in -- in committee and I just want to ask a couple records -- a couple questions for the record. First, are these -- are there fees currently in place now for these swimming pool inspections, whether they're new or -- or renewed?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. Thank you for your question, Senator. Yes, there are fees. They are set by administrative rule. We are, for the first time, codifying fees in statute.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

Now I understand on this, with part of the compromise reached, that not-for-profits and governmental facilities would not pay this -- this fee, but the fee would be charged to 78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 private facilities - that would include hotels, aqua parks or -- or water parks, as well as many condominium associations. And do -- these fees that they're going to be charged, is that higher than what the non-statute fees that are being charged now are?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. The fee structure in the bill is much more elaborate than the current fee structure. And if you'll indulge me, I will -- I will try to explain this as simply as possible. You've correctly identified there are three categories. For-profit operators of swimming facilities will pay, what I would call, the -- the market rate permitting fees. Not-for-profit organizations, like the YMCA and others, who operate swimming pools, will pay greatly reduced permit fees that are similar in -- in -- I'm sorry. Yes. And -- and in some cases, they will -- those fees will be zero. Governmental units will pay zero in -- in standard fees. They will be asked to pay fees when they have to resubmit or reinspect, thereby increasing the work of the inspecting agency.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

Next question is, with the -- with the new law coming down now regarding lifts being required in pools, is that -- would that be considered one of these alterations that are going to require then a -- a permit to be paid as well?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Harmon.

Don Harmon (D)

My -- my understanding is that that would be considered a major alteration.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

And, again, I guess, that's going to be one of my concerns, because that's something almost every pool is going to -- will be going through, which this just can be an added tax to them. The revenue from this, where does that go under this legislation?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. It will go to the Department for the purpose of defraying the cost of administering the program. My understanding, from the Department, is that even with these fees in place, it's inadequate to fully cover the costs of administering the program, but it will go a long way towards covering those costs.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

Just two more quick questions. My understanding is now that a local health department could do the inspection. If they do the inspection, they get to keep the money. If the State does it, then the State keeps it. Who makes that determination of which one does the inspection and who gets the -- who gets 80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 the money?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. It's my understanding that there are a series of agreements in place between the Department and the local public health departments delegating responsibility for the inspections. My understanding is that there are several in your district where the local health department has taken that on. So that's -- that's set up by arrangement. But I do want to emphasize the point you made: No one will be expected to pay both the State fee and a local fee. There will only be the one fee paid.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

Thank you. To the -- to the bill: I -- I appreciate the work over the years that the sponsor's done on trying to get this worked out. The concern, though, this is -- these are dramatic increases in fees; that, once again, after raising taxes last year, we're coming back with additional fee bills. You know, for the average pool that you're going to have at a -- at a facility, you're talking about fees of up to two thousand dollars, nineteen hundred and fifty dollars, and for alterations, like having to comply with the new federal mandate of putting -- the expense of putting lifts in, they're going to be hit with another nine hundred and seventy-five dollars as part of that fee. And so the concern is that this is one more tax that's being put onto small businesses and to condominium 81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 associations and apartments that are going to end up being bore by taxpayers of Illinois. So that's my major concern with this. I appreciate the sponsor's time in answering the questions.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Senator Harmon, to close.

Don Harmon (D)

Thank you, Mr. President. Thank you, Senator, for your -- your comments. I do want to point out to the Body that -- that -- that the -- the -- the fees that the Senator called out are the absolute highest fees for the largest water park in the State. It's not the -- the permit that would be paid by most -- most pools. All of the stakeholders we've consulted have agreed to this fee structure. It's agreed that it's necessary to operate safe pools. So I'd ask for your Aye votes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall Senate Bill 3727 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 36 voting Aye, 18 voting No, 0 voting Present. Senate Bill 3727, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3743. Senator Koehler. Please read the bill.

Anderson

Senate Bill 3743. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 82 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Koehler.

David Koehler (D)

Thank you, Mr. President, Members of the Senate. Senate Bill -- 3743 extends the current sunset date for the exemption of fractional cumulative voting to December 31st of 2015. This is unique to the City of Peoria, where they have cumulative voting for at-large election seats. They cannot count the ballots at the poll place. This allows them to count the ballots for those fractional votes at the central facility, at the Board of Election Commission. Be…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Sorry about that. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3743 pass. All those in favor will vote Aye. Opposed, Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3743, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3744. Senator Christine Johnson. Read the bill.

Anderson

Senate Bill 3744. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.

Thomas Johnson (R)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3744 is an initiative of the Coalition of 83 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Illinois Counselor Organizations. Senate Bill 3744 amends the Mental Health and Development {sic} (Developmental) Disabilities Code. It adds to the definition of "facility director" that the director may be a clinical professional counselor. I ask for your Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3744 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3744, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3749. Senator Sandack. Please read the bill.

Anderson

Senate Bill 3749. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandack.

Ron Sandack (R)

Thank you. Senate Bill 3749 amends the Illinois Human Rights Act. It requires the Department of Human Rights to file an annual report with this General Assembly concerning those charges under the Real Estate Transaction portion of the Act. It requires this report to also include the duration of fair housing cases that have been pending in the Department's investigation phase. This bill comes out of a -- a 84 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 constituent's case which had been pending in the investigation stage for over nine years. The Department asserts that it's taken measures so that this won't happen again. Of course, this legislation would be able -- we'd be able to track and -- and hold the Department accountable. I ask for your favorable vote.

John M. Sullivan (D)

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

Ira I. Silverstein (D)

For a short question of the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Silverstein.

Ira I. Silverstein (D)

I just -- according to our analysis, the Department is opposing it. Can you just tell me why?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandack.

Ron Sandack (R)

They were opposing it, and then when -- in committee, they -- they -- they pulled their opposition off. I think they want to amend it in the House to put a sunset on it in five years, Senator. But thank you for that question. I probably should have said that from the outset.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Seeing none, the question is, shall Senate Bill 3749 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 0 voting 85 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Nay, 0 voting Present. Senate Bill 3749, having received the required constitutional majority, is declared passed. Senator Murphy, for what purpose do you rise?

Matt Murphy (R)

Purposes of an announcement, Mr. President.

John M. Sullivan (D)

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

Matt Murphy (R)

Senate Republicans request an immediate caucus for one-half hour in Room 409. Cue the recording device.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senate Republicans have moved to recess the Senate for the purposes of a caucus. Thirty -- did you say thirty minutes, Senator Murphy? For a thirty-minute caucus. Seeing no objection, the motion to recess is granted. The Senate stands in recess until 1 p.m. The Senate is in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senate will come to order. Will all the Members please report to the Senate Floor? We're going to continue on the Calendar on the Order of Senate Bills 3rd Reading. Ladies and Gentlemen, when we get started here in just a couple minutes, we'll be on the bottom of page 26 of the printed Calendar on the Order of Senate Bills 3rd Reading. We're going to start here shortly. All Members please come to the Senate Floor. Ladies and Gentlemen, we're just about ready to go to the Order of Senate Bills 3rd Reading. All Members within the sound of my 86 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 voice please come to the Senate Floor immediately. We're going to be starting at -- towards the bottom of page 26 of the printed Calendar with Senate Bill 3778. All Members please come to the -- to the Floor immediately. Senate will come to order. Ladies and Gentlemen, on the bottom of -- page 26 of the printed Calendar, where we left off, with Senate Bill 3764, with leave of the Body, we're going to skip over the next several bills and start on the top of page 27 with Senate Bill 3778. Senator Haine. Mr. Secretary, read the bill.

Anderson

Senate Bill 3778. (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 cleans up some inconsistencies created in the last few years in the Drug Asset Forfeiture (Procedure) Act. It also extends the time frame to seek a preliminary determination in -- in an -- in an effort by a State's Attorney to seize the assets of drug dealers. And it -- it extends the time and -- and specifies the court findings in the forfeiture and seizure of vessels, vehicles and aircraft, which are, I guess, becoming new to the game.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Haine. Is there any discussion? There any discussion? Ladies and Gentlemen, the question is, shall Senate Bill 3778 pass. All those in favor will vote Aye. 87 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3778, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3780. Senator Haine. Senator Haine seeks leave of the Body to return Senate Bill 3780 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3780. Mr. Secretary, there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 2, offered by Senator Haine.

John M. Sullivan (D)

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

William R. Haine (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 2 just specifies more clearly that the -- the records to be obtained are pursuant to a court order -- a subpoena or court order.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Is there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate 88 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Bill 3780. Mr. Secretary, read the bill.

Anderson

Senate Bill 3780. (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, Ladies and Gentlemen of the Senate. This bill would amend the Mental Health and Developmentally {sic} (Developmental) Disabilities Confidentiality Act and provides that pursuant to court orders, mental health records may be disclosed in civil, criminal, or administrative proceedings in cases involving criminal sexual assault, aggravated criminal (sexual) assault, criminal sexual abuse, aggravated criminal sexual abuse.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Haine. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3780 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3780, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3789. Senator Trotter. Leader Trotter. Out of the record. Senate Bill 3792. Senator Althoff. Please read the bill.

Anderson

89 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senate Bill 3792. (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, Ladies and Gentlemen of the Senate. Senate Bill 3792 amends the Mechanics Lien Act to provide that in the case of work done or materials furnished as property, other than owner-occupied residential property, a fixed term is not required in the contract so long as the work is completed within five years from the commencement of the work or the commencement of furnishing of materials. We actually passed this legislation out of this Body last year unanimously.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3792 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 1 voting Present. Senate Bill 3792, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3794. Senator Holmes. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3794. (Secretary reads title of bill) 3rd Reading of the bill. 90 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

Thank you so much, Mr. President. Basically, Senate Bill 3794 creates the Financial Reporting Standards Board and it's to assist State agencies with being timely and accurate in the processing of financial reporting, and to work with the Comptroller's Division of Financial Reporting in establishing minimum qualifications, training requirements, continuing education requirements, and best practice guidelines for GAAP, which is generally accepted auditing practices {sic} (accounting principles), and it coordinates at the State agency. The bill actually requires the internal auditor of every State agency that submits a GAAP package to complete and submit an initial audit of the agency to the Board. It requires the Comptroller's Division of Financial Reporting to assist State agencies during the process, review the practices, and -- prepare a comprehensive annual financial report. Let me just give you a little bit of history on this. This -- this came out of -- it was over a year ago that the Auditor General's Office released an audit of the State's financial reporting system and the report indicated that the current system has over two hundred and fifty financial reporting systems that are antiquated, extremely costly to operate, and for over eighty percent of those systems, they're not compliant with GAAP. At that point, Senator Johnson and I decided this was an issue we needed to take up. So we did have a couple hearings and we met on this issue. And out of that, we did develop a bill. That bill, we then had extensive talks with the Auditor General to develop a 91 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 bill that he was convinced was the -- the right way to go on this. So we did want his input and we did seek that. So, I will take any questions anybody has on this. This is basically a first step in getting our financial reporting in order to get our fiscal house in order.

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)

Just a couple questions of the sponsor.

John M. Sullivan (D)

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

Dave Syverson (R)

Thank you. Senator, -- and I wasn't in committee, so I didn't get a chance to hear this. Does -- does this also include universities in addition to the agencies?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

Yes, it does.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

Any different standard for them or is it the -- how it's going to be set up will be the same for them? And is there a cost, I guess, associated with this, either for the universities or for these different agencies?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes. 92 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Linda Holmes (D)

We have tried to get some of that and what we're finding out is it's going be extremely minimal, if there is an associated cost.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

And that will be true for the different agencies as well as for the universities? Are these things that they're not currently doing or they're not doing it in the -- in the uniform standard?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

In -- in some cases, some is being currently done, but this is -- it's not uniform in any way, shape or form.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

Okay, thank you. I appreciate you answering questions.

John M. Sullivan (D)

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

Mattie Hunter (D)

Questions for the sponsor.

John M. Sullivan (D)

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

Mattie Hunter (D)

Senator, the Auditor General's report said that the State 93 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 had too many special funds. Does this bill add to the problem of creating yet another fund?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

It -- it doesn't duplicate any funds. It does create a fund. Yeah, it's -- it's the Financial…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter. Excuse me, Senator Holmes. I'm sorry. Senator Holmes.

Linda Holmes (D)

I was going to say, it does create the Financial (Reporting) Standards Revolving Fund to receive moneys and transfers for GAAP-related practices.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

Mattie Hunter (D)

How much will this new unfunded mandate cost the State?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

I -- I did address that to the -- to the last Senator. It's -- it's minimal at best, 'cause it's really not a duplication. And in -- in many cases, there's not even a need to hire new people; it's just going to be our training.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

Mattie Hunter (D)

This bill applies to each of the six constitutional 94 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 officers, but only the Comptroller and the Governor are -- are represented on the Board. Can you tell me why?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

Yeah. We -- we wanted to make sure -- it's really the Comptroller's Office that -- that -- that does play a -- a part in this and -- and it's their function that is very, very important to this obviously, so we did include the Governor's Office and the Comptroller's Office. And I think literally when we talked about it at first, we did think of -- of having even the head of each agency. But this was actually done by the Governor's Office several years ago and I think they had every agency represented and absolutely nothing was done.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

Mattie Hunter (D)

The last question. The bill references property and facilities that the Board will employ. How many staff and facilities will the Board employ and is this what the revolving fund fees will pay for?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

No, we certainly don't anticipate any facilities and -- and -- and no hiring at this point related to this.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter. Further discussion? Senator Tom Johnson, for what purpose do you rise? 95 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Thomas Johnson (R)

To the bill. I just rise…

John M. Sullivan (D)

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

Thomas Johnson (R)

I just rise in strong support of this. In my opinion, this is a -- a -- a first step to address a real problem that's lingered. And I remember, back in the nineties, we were confronting this, that -- we now have about two hundred and fifty reporting entities that have to report their financial data to the Comptroller every year in a timely fashion so that we even understand where we are in terms of the financial position of the State at any time. Many of those reports are not being filed timely. They're not uniform. Eventually, one would hope that we would have one major computer system in which you can check off and get everything in there, but that's years down the pike and would cost millions of dollars. But at least let's get it started to where we can get some common reporting standards and -- and some time involved and some training that needs to be done there. And I think that this is a great first step. And this will be a work in progress probably long after I'm dead and gone. So, thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: To the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator McCarter. 96 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 SENATOR McCARTER: You know -- you know, this is -- this is the first step in achieving an accounting system that speaks -- that -- where agencies speak to one another in the same language. I mean, we -- we've got, I -- I think it was, just -- just about fifty that could communicate with one another. We had over two hundred and fifty different ones. We've got people using QuickBooks, and then we've got people using very expensive program language systems, and they don't talk to one another. So -- and until we -- and -- and there's -- there's no way we can even go out for an RFP on a system to fix the problem until we all start speaking the same language within the agencies. So this is the first step. It's a good step. You know, it -- it's -- it's probably not going to happen as quick as I want it to happen, but we've got to make the decision to do it. And I -- I -- I encourage an Aye vote.

John M. Sullivan (D)

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

Terry Link (D)

Question of the sponsor.

John M. Sullivan (D)

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

Terry Link (D)

Thank you, Mr. President. As you know, I am a proponent of this, but I just have one simple question. Is there any way that the Auditor General could do any of this?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes. 97 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Linda Holmes (D)

Yeah, he -- I mean, obviously, he already does the auditing and -- and he doesn't want to be a part of this bill; he wants to stay objective from it. But he did say, in reading the bill, that everything that we have in here specifying what the internal auditors are doing, are -- is exactly what they should be doing.

John M. Sullivan (D)

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

Toi W. Hutchinson (D)

A couple questions of the sponsor, please.

John M. Sullivan (D)

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

Toi W. Hutchinson (D)

So, I totally know where you're trying to go with this; I just have a couple of questions about how broadly it's written. This is -- this is affecting all State agencies?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

Yes. This will affect all State agencies. Obviously, when we're requiring this, it's for those that have internal auditors. Those that don't have internal auditors, they do report and it goes through CMS.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.

Toi W. Hutchinson (D)

Okay. So, if it affects all State agencies, does it also 98 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 affect all branches then of government? Both -- is it going to affect the Judicial Branch, the Legislative Branch and the Executive Branch?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

Yes, one more time.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.

Toi W. Hutchinson (D)

We need to get our delay right. So, if I'm reading this correctly, then these are executive appointees on a board that will require action of all three branches of government.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

Yes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.

Toi W. Hutchinson (D)

So, wouldn't we have a problem with separation of powers then?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

I was -- I was going to say, initially, on our -- our very first draft of this, to be honest, we had appointments coming from our Leaders. And we really want to take the politics out the auditing process, so we did pull -- there is no legislative 99 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 appointments in here. So we were very careful, wanting to keep that separation, because the audit process is something that should not be at all political in nature.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.

Toi W. Hutchinson (D)

Okay, but this is requiring -- this is requiring direction of a board with all executive appointments to require actions on behalf of the Legislative Branch and the Judicial Branch. So my question…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) I'm sorry. Senator Hutchinson, continue…

Toi W. Hutchinson (D)

So my…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) …please.

Toi W. Hutchinson (D)

So my question would be whether or not this would get us into some issues with separation of powers. Just -- this is a…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

We -- we were told we couldn't have legislative appointees on this because it is performing executive functions. So we -- we couldn't have the Legislative Branch involved.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.

Toi W. Hutchinson (D)

Okay. I'll -- I'll come back to that when I -- one other 100 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 question. One of the biggest findings from the Auditor General's report was that the systems that we use for financial reporting and the fact that this WEDGE system that the Comptroller's Office uses is really outdated. Is there anything in the bill that speaks to one of the largest problems we have with it? That -- that, basically, part of the reasons why nobody talks to each other and why we don't get consistent reporting across the thing is 'cause we have systems from 1895? I mean, is there anything in the bill that speaks to the outdated systems, which seems to be the crux of what the real problem is?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

And -- and that's specifically what this Board is going to be looking at, 'cause that is part of the problem, is there are so many different systems in place. Now, to go in there and actually solve the problem, in the ideal circumstance, we would spend millions of dollars and update this computer system and get it completely modernized. As you're aware of our budget constraints, there is no way we can actually do that. So this is a very, very, very tiny, small step, so that as we, hopefully, at some point get the funds to start doing this, at least we get the right people in place, the right measures in place, so that once we do have the ability to go out and get this computer system, we have people who are going to be knowledgeable and trained and able to even use it.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson. 101 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Toi W. Hutchinson (D)

Okay, there's only -- I only have one more. But the time frames for agencies to submit the financial information, is there any requirement in the bill that speaks to how -- you know, whether we shorten those time frames? I'm told that there are a number of delays in how you -- how they are able to evaluate the information that they get and get it out. This doesn't speak to that at all?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

That's not in this bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.

Toi W. Hutchinson (D)

To the bill, Mr. President. I have so much respect for the sponsor of this piece of legislation and I know we are all significantly concerned about the fact that the State is operating -- I -- I -- when I talk about a Tax Code, with a 1912 Tax Code for a 2012 economy, we're doing the exact same thing with our financial reporting systems. So I understand where we're trying to go. I'm just concerned about how broadly this is written, because it is something that goes to executive appointments that are requiring the action of all three branches. And I'm wondering whether or not that's more of a significant problem, if we could -- more narrowly draw this down. I -- I understand the response about not having legislative appointees, but this is going to require action on behalf of the Legislative Branch. So I only ask that in terms 102 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 of a policy question for our -- you know, whether or not we're able to, you know, get to where we need to get, but still uphold the Constitution. Thank you.

John M. Sullivan (D)

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

Chris Lauzen (R)

Thank you very much, Mr. Chairman {sic}. Just two questions for the sponsor.

John M. Sullivan (D)

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

Chris Lauzen (R)

Is it an accurate statement that the Governor is opposed to this effort?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

Yes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.

Chris Lauzen (R)

With that being the case, how will this practically get done? If the Governor is in charge of making appointments and, you know, allocating time and, you know, even indirect appropriation, how will it practically get done? I mean, of course, the objective is good, but with the Governor being opposed to what seems to most of us as commonsense progress, how will this actually get done?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 103 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Holmes.

Linda Holmes (D)

This -- this Board is compromised of three people out of the Comptroller's Office, two from the Governor's. As to being able to speak as to what the Governor is going to do or will do, I cannot.

John M. Sullivan (D)

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

William Delgado (D)

Yes, thank you. I need to ask -- will the sponsor yield?

John M. Sullivan (D)

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

William Delgado (D)

Senator Holmes, you and I have talked about this bill. I was trying diligently to -- as someone else pointed out, it's broader than I thought it was, reading this analysis. And the devil's in the details. I was trying to find ways to be a fair broker, because there's many good -- there -- there are things in here that for check and balance purposes need to be there and I agree. However, when we come to appointments - and -- and -- and -- and -- and correct me if I'm wrong, but also with executive appointments - as the Vice-Chair of Executive Appointments, I do have a concern where the Governor's only naming two members and the Comptroller names three. That is a devil in the detail for me, which then makes me have to reconsider where I'm at. And so I just wanted to do that for two reasons. I needed to do it on record, 'cause I could have talked to you sidebar because I know how diligent you are and I 104 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 have a high respect for you and the work you do. But as I continue to battle the attacks in other areas in our budget, especially in the areas as a sitting member of -- of Medicaid and other areas, I do have a concern. So, I -- I trust and know the Comptroller personally. I've worked with her on many aspects, when she was Treasurer. But for the structural process reason here, do you agree that it should be in that way - three appointed by the Comptroller and two by the Governor?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Linda Holmes (D)

When we developed this, we did think that was the right way to do it, because the -- the Comptroller is really more in charge of making sure that all these reports come in and are done on a timely basis. So, it really is more under the Comptroller's direction than the Governor and all the different agencies. They need to comply.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.

William Delgado (D)

My -- and my last, just to respond in terms of the bill. And I -- and I respect that, in terms of the facilitation process during the -- during the actual committee. However, I - - I find it difficult, for any sitting Governor, who wouldn't be ready to veto this right away, and number two, that it would -- would usurp that authority from the Governor no matter what my differences or agreements are with that -- with that particular office at this time. That's just for the process. And -- and how I see it in the General Assembly would make me have to -- I 105 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 now reconsider how I would be voting on this. And I needed to, a, let our side of the aisle -- remind them to please look at the whole thing, because it is broad. You're intentions are good and I know what you want to do. I -- I think we can get there in other ways. But when our Governor can't do the three, I just don't know if the -- if the shoe was on the other foot if that would stand. My experiences this Session would show me that it -- it would not and that I couldn't vote for letting that -- I think that'd be kind of unprecedented in my fifteen years that I've been a General Assembly Member. So -- but to the bill, Mr. -- Mr. President. I -- I believe it is unprecedented to see a piece of legislation that has the sitting Governor of a Majority Party -- because -- to have less appointment authority than -- than -- than the person who wants to implement it, the Comptroller, and hope that we can find a better way to have a check and balance system with this particular bill. And -- and I just feel a little bad, because I -- I -- Senator Holmes brings a lot of great legislation and we have a lot in common in our bills, and I -- I know that her intention is nothing but the best. But I will be having -- I will be voting No on this bill.

John M. Sullivan (D)

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

Dale A. Righter (R)

To the bill, if I might, Mr. President.

John M. Sullivan (D)

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

Dale A. Righter (R)

106 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Thank you, Mr. President. You know, the previous speaker said that the -- some of the content of this bill is unprecedented. I agree, but we live in an unprecedented time in Illinois. And many would argue that the Executive Branch of State government is in an unprecedented mess. I mean, this is an issue of communication, in the end. We can't -- we can't expect to drive meaningful efficiencies into the operations of State government if they can't communicate with one another. And, to me, that's the core of this legislation. This needs to happen and I appreciate that the Executive Branch is resisting this, and I appreciate, at least for the politics of it, why the administration would resist it, because it's got to be a little bit embarrassing, but it needs to happen. At some point the General Assembly says, "You know what? We're going to help you get cleaned up here." So let's do that. So with all do respect, Mr. President, I think this is one where we should be able to pass this and say we're going to take a first step towards getting things cleaned up. I urge an Aye vote. Thank you, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Righter. Further discussion? Seeing none, Senator Holmes, to close.

Linda Holmes (D)

Yes, I want to say thank you to all of the speakers for their input. I do appreciate it. This really is -- I -- I know some are saying it's very broad. Actually, it's -- it's very small in scope when you look at the magnitude of the problem, but it is that first small step in addressing it. And I know one of the -- the speakers mentioned that it's sort of 107 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 uncomfortable when you have the Majority Party's, and -- and that's where the Governor is, having less appointments in this process. However, I don't see this as a process that is just in place for a year or two. I think this is something that's going to be ongoing. Wanted to take the politics out of it, so that actually wasn't a portion of it. It was -- it was the duties, not the party, of those certain elected officials. So what I would ask is, in order to help finally get our fiscal house in order, which we cannot do without taking this first small step, how do we fix our financial house if we actually don't know where we are now? And that's what this seeks to -- to finally start addressing. I would ask for an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 3794 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 40 voting Aye, 10 voting Nay, 2 voting Present. Senate Bill 3794, having received the required constitutional majority, is declared passed. Next up on the -- with leave of the Body, we will skip over -- Senate Bill 3796 and go to Senate Bill 3798. Senator Haine. Mr. Secretary, read the bill.

Anderson

Senate Bill 3798. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine. 108 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

William R. Haine (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is the First 2012 General Revisory Act of the Legislative Reference Bureau. It's a sixteen-hundred-page document. It's available in my office for anyone who wants to take the time to review it. There aren't any substantive changes in the law on this. It's -- it's necessary to bring our statutes -- make them less complex and easier to refer to. I also want to remind the Senate -- I -- I also want to remind the Body that this was, once again, for the fourth year in a row voted the best bill by the Illinois Society to Prevent Insomnia.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Congratulations on that award. Ladies and Gentlemen, is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3798 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3798, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3800. Senator Maloney. Mr. Secretary, read the bill.

Anderson

Senate Bill 3800. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Maloney.

Edward D. Maloney (D)

109 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3800 authorizes ISAC, or the Illinois Student Assistant {sic} (Assistance) Commission, to deduct wages from any employee in this State or any employee otherwise outside the State of Illinois to recover student loan debts. Little bit of background on this: There's about thirty million dollars' worth of past-due State loans that ISAC has not been able to collect. The bill would allow the garnishment of wages of people who are past due who haven't entered into a payment agreement on their State loans. The bill does require that the agency give advance notice of the garnishment and a chance to contest the debt and come to an agreement and start paying. They would target people who are at least ninety days without payment. I'll be happy to answer any questions.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3800 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3800, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, we're going to return to Senate Bill 3789. 3789. Senator Trotter. Mr. Secretary, read the bill.

Anderson

Senate Bill 3789. (Secretary reads title of bill) 110 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. Senate Bills {sic} 3789 would allow ten percent of the limit of annual proceeds of the Illinois Fire Fighters' Memorial Fund to be used for the Fire Fighter Museum. It also needs -- it has language in there that you need the approval of the majority of the members of the Illinois Fire Fighters Memorial Foundation to do so.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3789 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3789, having received the required constitutional majority, is declared passed. Next up -- we're going to go back down to where we left off and that would be Senate Bill 3802. Senator Link. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3802. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link. 111 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Terry Link (D)

Thank you, Mr. President. This -- 3802 provides that we may enter into agreements of energy saving {sic} (savings) contracts and performance contracts -- guaranteed energy or operational cost savings for a term of twenty years, currently at ten years. I'll be more than happy to answer any questions.

John M. Sullivan (D)

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

Dale A. Righter (R)

Will the sponsor yield, please, Mr. President?

John M. Sullivan (D)

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

Dale A. Righter (R)

Senator Link, there was an amendment in Executive Committee that would have exempted public universities and you chose not to call it in Executive Committee, and obviously, then, not attach it to the bill. Why?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

It was -- it was an overly broad amendment and it caused quite a bit of controversy with those that we had on -- agreed with on Amendment No. 1. And what I will tell you and I will make this commitment, Senator Righter, is there will be discussions continued in the House and there will be some amendments added on into {sic} the House and we will look at all of those amendments when it gets into the House.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 112 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Well, Senator Link, I've got a copy of the amendment here. Can -- can we go through it and you tell me what was overly broad about it?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

What we would like to do is follow the Procurement Code.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Let me try that again. Senator Link, I have here in my hand a copy of the amendment. Can you go through with -- it and point out the parts that are overly broad?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

As I said, Senator Righter, we'd like to follow the Procurement Code, and if you'd like to get that out, we'll look at that.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

That's -- that's fine, Senator Link. You are the one who said it was overly broad. I'm just asking you what is it about exempting public universities that you don't want to do?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 113 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Link.

Terry Link (D)

What it would do, Senator Righter, it would exempt these types of contracts from the Procurement Code. And what we would like to do is follow the Procurement Code, which you and I voted for about - what? - less than a year ago. And what we would like to do -- before we start making these exemptions and making a last minute amendment - which you holler at me for constantly, an overnight amendment, and this is what this would have been, a last night amendment - we decided that instead of doing a controversial amendment, we would wait, discuss it, and look at it in the House and we would talk about it then, and we would see if it was worthy of that or if we would have to make a more extensive amendment, and that's when we would do it. And that's why I held the amendment.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Well, Senator Link, I don't mean to holler at you. I mean, I really don't mean to raise my voice. I don't think I am. But let's move on to the subject matter. Actually, this isn't -- doesn't have anything to do with the Procurement Code, Senator Link, because universities aren't in the Procurement Code. They're -- in terms of performance contracting for energy, they're under the Public University Energy Conversation Act. And -- so what you're intending to do here is sweep them into the Procurement Code and subject them to CDB when they're asking not to be. And I'm asking, why is it that you think that they need to belong under 114 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 the bureaucratic web of CDB?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

One of the things that we would like to change in the amendment in the House is to take all of this out of the CDB, but we also would like to keep the Procurement Code in and we would like everybody to be under the Procurement Code. And that's what we want to continue. We do not want to take anybody out of the Procurement Code, which -- what this amendment would be doing; it would be taking them out of the Procurement Code. And I do not want to do that.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Well, the process -- or the practice of these energy performance contracts is not in the Procurement Code now. It's under the higher education {sic} (Public University) Energy Conservation Act. But let's put that aside, 'cause I think you said something that could be significant here. You said that in the House, there'll be an amendment that will remove CDB, that will -- you said, in the House, there'll be an amendment that would remove CDB from the process entirely. I want to make sure that that's what I heard your commitment to be before we go any further. Is that -- is that what you're committing, that -- that if the bill gets…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter. Excuse me. Senator Righter.

Dale A. Righter (R)

115 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 That's all right. That's all right. If the bill comes back here from the House, that it will not have CDB in it at all. Is that correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

Our intent is to put them under the chief procurement officer when it comes back over here. That is what our intent is to do, and that is what we are trying to do. When we did Amendment No. 1, I put them -- tried to do it under there. You know, as I -- I am willing to say that I make mistakes in this bill. When we do -- when we put Amendment No. 1, our intent was to keep every -- you know. And you are correct; they are not under the Procurement Code now. But we wanted everybody under the Procurement Code when they do this type of -- energy savings type of bill. And that's why we did it the way we did it, but we -- our intent was to put it under the Procurement Code Act. That's what we wanted to do.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. To the bill, if I might. First, Senator Link, I appreciate that forthright answer there at the end. I mean, this is -- this is an important -- I understand a boring issue, but it's an important issue, 'cause what's at issue here is the ability of public entities, like, in my district, Eastern Illinois University, which -- who -- who did it three years ago, is to enter into performance energy contracts, save the State dollars. You -- they built a new 116 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 energy plant and they didn't come here and ask for one dime of taxpayer money - saved the students money, to the tune of two hundred and some dollars a year in tuition, that -- it would have gone up had they not been able to enter into this performance energy contract. And we need to preserve that flexibility. I mean, we're all here talking about driving efficiencies into public entities, into public operations, when in order to do that, you have to have some measure of flexibility. The bill, as it stands now, doesn't provide that because you're drawing CDB into the process. And CDB, if you talk to any of the people who work with CDB -- and, now, they're all nice folks there at that agency, but their involvement does two things almost every time: It extends the timeline that it takes to get the project done and it increases the cost at which the -- the taxpayers pay in order to get the project done. So maybe stepping back from this, like the Senator has said will happen in the House, would be a fabulous thing. I personally, Senator, cannot vote for this in its current form, but I hope that if it comes back from the House and doesn't have the CDB language in it, I can support it then. Thank you, Mr. President.

John M. Sullivan (D)

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

Michael W. Frerichs (D)

A question of the sponsor, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Frerichs.

Michael W. Frerichs (D)

117 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Link, you talked in here about the procurement bill we passed a few years ago as if that's something that shouldn't be touched. Have we made any changes to the Procurement Code since it was passed, I think, about two years ago?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

We've made some changes to it, yes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

To the bill: I think the Procurement Code we passed is an imperfect bill. I think what we have here is, we're going to create conflicts with some other Acts. I think the sponsor admitted that there have been perhaps some mistakes. I would just encourage a little more time to work out a better bill and would encourage a No vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Senator Link, to close.

Terry Link (D)

Thank you, Mr. President. You know, I'm -- as Senator Righter said -- and I -- and I mention his name, you know, and I know that everybody says that's always a mistake to mention a speaker's name, but I'm not afraid to do that. The point is, yeah, I made a mistake. I -- I -- I agree with you; the Capital Development Board should not have been the -- the person {sic} in this bill, because it would make a delay in it. But the Procurement Code is transparency - the way we want it. This is 118 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 a positive bill that should continue to keep on going, because it's efficiency, it's energy savings for this. And at these times when money is tight in this State and we can save money and not at a cost to the taxpayers of this State, we must continue to keep this bill going on. And I think Senator Righter knows my word is my bond. This bill will not move forward unless we have these changes in the House that I have indicated that will be changed. This bill will not move forward or I will not concur with the bill if it comes back. I ask for an affirmative vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall Senate Bill 3802 pass. All -- all those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 31 voting Aye, 24 voting Nay, 0 voting Present. Senate Bill 3802, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3804. Senator Kotowski. Out of the record. Senate Bill 3810. Senator Mulroe. Mr. Secretary, read the bill.

Anderson

Senate Bill 3810. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

John G. Mulroe (D)

Thank you, Mr. President, Members of the Senate. This is 119 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 an initiative brought to me by the Uniform Law Commission. It would create the Uniform Assignment of Rents Act. It would provide a statutory framework for a mortgage -- mortgagee to enforce an assignment of rents when the mortgagor has defaulted on the mortgage. I'd ask for an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3810 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3810, having received the required constitutional majority, is declared passed. With leave of the Body, we will skip over 3811 and go -- and also 3812 and (38)13 and 3823. We'll go -- and 3824. We're going to go to the bottom of page 27, bottom of -- page 27, to Senate Bill 3826. Senator Raoul. Senator Raoul, on 3826. Out of the record. Ladies and Gentlemen, turn your page to the top of page 28. And -- guess not. We're at the end of the Calendar on Senate Bills 3rd Reading. Ladies and Gentlemen, we're going to go back to the beginning on Senate Bills 3rd Reading. Page 3 of your Calendar. Topping -- starting at the top of the Order with Senate Bills 3rd Reading. We're about in the middle of page 3 of the printed Calendar. Ladies and Gentlemen, with leave of the Body, we're going to skip down to Senate Bill 267. Senator Koehler. Out of the record. Senate Bill 275. Out of the record. Senate Bill 277. Senator Kotowski. Out of the record. Senate Bill 279. Senator Koehler. Out of the record. Senate 120 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Bill 280. Out of the record. Senate Bill 350. Leader Clayborne. Leader Clayborne, on Senate Bill 350. Out of the record. Senate Bill 351. Out of the record. Turn to the top of page 4 of your printed Calendar. Senate Bill 407. Out of the record. Senate Bill 409. Senator Link. Mr. Secretary, read -- Senator Link seeks leave of the Body to return Senate Bill 409 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 409. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 2, offered by Senator Link.

John M. Sullivan (D)

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

Terry Link (D)

Will explain it on 3rd Reading, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

Floor Amendment No. 3, offered by Senator Link.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link, on Amendment 3.

Terry Link (D)

Also will explain it on 3rd Reading.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, 121 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 409. Mr. Secretary, read the bill.

Anderson

Senate Bill 409. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Terry Link (D)

Thank you, Mr. President. This basically allows municipalities that are -- and counties that are proposing special service districts for energy conservation of residential or community {sic} (commercial) buildings if a hundred percent owners of property file a petition with the clerk of a municipality that has agreed to SSA. If petition is not to -- filed and does not have any of -- all necessary signatures, the SSA cannot initiate in another year. The Energy Conservation member {sic} Measure refer to buildings to improve or repair that designate {sic} to reduce energy consumption or operating costs. It also -- municipalities and -- counties to list proposed levies in -- amount in initial year of an SAS -- SSA in notices and -- requirements for establishment, and hold public hearings to establish SSA at least sixty days after the adoption of the ordinance of proposed SSA, and to hold new public 122 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 hearings any year of -- the levy that will increase a hundred and five percent over the previous year. Be more than 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, the question is, shall Senate Bill 409 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 409, having received the required constitutional majority, is declared passed. Folks, we're on the top of page 4 -- 4 of the printed Calendar. To the Order of Senate Bills 3rd Reading, we have Senate Bill 546. President Cullerton. Out of the record. With leave of the Body, we will come back to Senate Bill 547. Let's go to Senate Bill 548. Senator Koehler. Out of the record. Senate Bill 550. Out of the record. Senate Bill 552. With leave of the Body, we'll come back to that bill. Senate Bill 553. Senator Frerichs, on 553. Out of the record. With leave of the Body, we will go down to Senate Bill 636. Senator Lightford, on 636. Out of the record. Senate Bill 637. Senator Delgado. Senator Delgado. Out of the record. Senate Bill 640. Senator Garrett. Out of the record. Senate Bill -- we'll come back to 679 with leave of the Body. Let's go to Senate Bill 758. Leader Trotter. Senator Trotter. Out of the record. Senate Bill 774. Senator Schoenberg. Senator Schoenberg. Out of the record. Senate Bill 952. Senator Muñoz. Senator Muñoz. Out of the record. Senate -- Senator Brady, for what purpose do you rise? 123 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

William E. Brady (R)

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

John M. Sullivan (D)

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

William E. Brady (R)

I would just like the Senate to recognize nursing students from my alma mater, Illinois Wesleyan University, accompanied by their -- their Professor, Sue Swanlund. They're in the President's Gallery.

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, on the Calendar, up next is Senate Bill 963. Senator Haine. Out of the record. Senate Bill 966. Senator Clayborne. Out of the record. Senate Bill -- with leave of the Body, we'll come back to 967. Senator Sandoval, on Senate Bill 968. Senator Sandoval. Out of the record. 969. Out of the record. We'll skip down. With leave of the Body, we'll go to the top of page 5 of the printed Calendar to Senate Bill 1132. Senator Jacobs. Senator Jacobs, on 1132. Out of the record. Senate Bill 1135. Senator Noland. Out of the record. With leave of the Body, we will skip down to Senate Bill 2259. Senator Jacobs, on 2259. Out of the record. Senate Bill 2491. Senator Hunter, on 2491. Senator Hunter. Senator Hunter, on 2491. With leave of the Body, we'll come back to 2491. Ladies and Gentlemen, let's go to 2509. Senator Delgado, on 2509. Out of the record. Senate Bill 2526. Senator Sandoval. Out of the record. Senate Bill 2530. Senator Murphy. Mr. Secretary, please read the bill. 124 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Anderson

Senate Bill 2530. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.

Matt Murphy (R)

Is -- is the amendment adopted? Okay. Senate Bill 2530 merely requires a supermajority before the Illinois Toll (Highway) Authority can increase tolls. So it would now require eight votes instead of the previous six. I -- answer any questions and urge an Aye vote.

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 Senate Bill 2530 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 -- 2 voting Nay, 0 voting Present. Senate Bill 2530, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 2534. Senator Mulroe. Out of the record. Senate Bill 2548. Senator Silverstein. Out of the record. Leave of the Body, let's turn to the top of page 6 of your printed Calendar. Actually, we're going to go to page 8 of the Calendar. Is that correct? And we'll go to Senate Bill 2643. 2643. Senator Noland. Senator Noland, on 2643. Out of the record. Let's skip down a couple to Senate Bill 2646. Senator Link. Senator Link. Out of the 125 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 record. Senator Jacqueline Collins, for what purpose do you rise?

Jacqueline Y. Collins (D)

For a point of personal privilege.

John M. Sullivan (D)

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

Jacqueline Y. Collins (D)

Ladies and Gentlemen of the Senate, I have some young honorary Pages with me today and I would like to introduce them to you. First, I have James Hanafee. He's a twelve-year-old. And -- along with his sister, Mary Catherine Hanafee-LaPlante. She's nine years old. The mother and father are sitting in the President's Gallery, Elizabeth LaPlante and Joe Hanafee. They reside in Senator Kotowski's district, but also they -- the young Pages today also have another unique claim to fame. They happen to be the niece and nephew of our former Parliamentarian, Joe Clary. So I wish you would give them a warm welcome to the General Assembly.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guests please rise? Welcome to the Illinois State Senate. Great to have you and your folks here today as well. Thanks for being here. Senator Clayborne, for what purpose do you rise?

James F. Clayborne Jr. (D)

Point of personal privilege.

John M. Sullivan (D)

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

James F. Clayborne Jr. (D)

I, too, today have with me a Page, who everyone knows his 126 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 mother, Linda Reneé Baker. I have with me George Roby, who is ten years old.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) George, welcome to the Illinois State Senate. Great to have you here today. Ladies and Gentlemen, on the middle of page 13 of your printed Calendar, if you'll go to that page. In the middle, we have Senate Bill 2776. Senator Raoul. Out of the record. And then down a -- well, the next one there is 2777. Senator Raoul. Out of the record. Now we'll turn to page 14 of the printed Calendar. Towards the center of the page, we have Senate Bill 2822. Senator LaHood. Senator LaHood. Out of the record. Next up is Senate Bill 2846. Senator Hutchinson. Senator Hutchinson. Out of the record. Senate Bill 2847. Senator Steans. Senator Steans seeks leave of the Body to return Senate Bill 2847 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2847. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 2, offered by Senator Steans.

John M. Sullivan (D)

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

Heather A. Steans (D)

I'll explain the amendment and the bill on 3rd Reading, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. Are there any further Floor amendments approved for 127 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2847. Mr. Secretary, read the bill.

Anderson

Senate Bill 2847. (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. Senate Bill 2847 amends the Equal Pay Act to include any officers of a corporation or agent of an employer who willfully and knowingly permit such employer to violate the Equal Pay Act to be deemed to be employers for the purposes of the Act. It's an initiative of the Department of Labor, but, as amended, it's an agreed to bill. We worked it -- with the Illinois Chamber of Commerce who -- and to my knowledge, there's no opposition on the bill at this point.

John M. Sullivan (D)

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

Dale A. Righter (R)

To the bill, if I might, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Righter. 128 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Dale A. Righter (R)

Thank you. Just to reiterate, the bill did pass out of Executive Committee unanimously, and I do appreciate the sponsor's willingness to narrow the scope of the language so as to remove the opposition of the private sector business groups. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Seeing none, the question is, shall Senate Bill 2847 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2847, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 2861. Senator Sandoval. Out of the record. Senate Bill 2885. Senator Raoul, on 2885. Out of the record. Senate Bill 2888. Senator Crotty. Out of the record. Senate Bill -- with leave of the Body, we'll come back to 2891. Senate Bill 2895. Senator Link. Senator Link. Out of the record. Senate Bill 2900. Out of the record. Senate Bill 2958. Senator Kotowski. Out of the record. Senate Bill 2959. Leader Clayborne. Mr. Secretary, please read the bill.

Anderson

Senate Bill 2959. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne. 129 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

James F. Clayborne Jr. (D)

Thank you, Mr. President. This is an initiative of the Office of State Fire Marshal and it directs the Illinois Fire Advisory Commission to be responsible for reviewing claims made against the Emergency Response Reimbursement Fund. This function was previously handled by the -- an administrative panel, which, due to a previous change in the law, hasn't met since the mid-nineties. I know of no opposition. I ask for a favorable vote.

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 Senate Bill 2959 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2959, having received the required constitutional majority, is declared passed. Next up on the Calendar, Senate Bill 2960. Senator Holmes. Out of the record. Senate Bill -- with leave of the Body, we will go to -- turn the page, Ladies and Gentlemen. Page 15 is where we are on the Calendar. Let's go to Senate Bill 2980. 2980. Leader Syverson. Senator Syverson, on 2980. Out of the record. We will skip down to Senate Bill 2988. Senator Murphy. 2988. Out of the record. Let's go down to Senate Bill 2993. Senator Althoff. Mr. Secretary, read the bill.

Anderson

Senate Bill 2993. 130 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 (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, Mr. President. 2993 provides that the Executive Director of the Fox Waterway Agency shall be a person of recognized ability in business or waterway management. Just brings the qualifications in line -- what we require with other agencies.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2993 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2993, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, let's go down to 2998. 2998. Senator Bivins. Out of the record. Let's turn to -- to the top of -- with leave of the Body, we're going to go to page 16. Actually, we're going to go to page 18 of your printed Calendar to Senate Bill 3066. Senator Althoff, on 3066. Let's take it out of the record. Ladies and Gentlemen, turn to page 21. We're going to skip over all those vehicle bills and go to page 21 of the Calendar. And we're going to go to 3146. Towards the top of the page 21 of your Calendar, again, on the Order of Senate Bills 3rd Reading, we have Senate Bill 3146. President 131 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Cullerton. Out of the record. Next up is Senate Bill 3149. Senator Tom Johnson. Out of the record. Senate Bill 3154. Senator Luechtefeld. Mr. Secretary, read the bill.

Anderson

Senate Bill 3154. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.

David S. Luechtefeld (R)

Thank you, Mr. President and Members of the Senate. Senate Bill 3154 amends the Illinois Enterprise (Zone) Act to expand the boundaries of one enterprise zone located -- for the City of New Baden, which is outside of Scott Air Force Base. They're wanting to -- there are -- there are -- four communities have this enterprise zone. They want to enlarge that enterprise zone. And, hopefully, I would be -- be able to answer questions that you might have.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3154 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3154, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3167. Senator Link. Senator Link. Out of the record. Senate Bill 3173. Leader Clayborne. Mr. Secretary, 132 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Clayborne seeks leave of the Body to return Senate Bill 3173 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3173. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment 3, offered by Senator Clayborne.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne, on Amendment 3.

James F. Clayborne Jr. (D)

Yes, I would like to explain it on 3rd Reading.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 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?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill -- 3173. Mr. Secretary, read the bill.

Anderson

Senate Bill 3173. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. President and Members of the Senate. This is a -- a bill that we all, at some point, have to deal with, in 133 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 terms of creating opportunities in the district that we represent. And in the district that I represent, we have high unemployment. We have a high poverty level. And at least in this community, which is East St. Louis, we probably haven't had development in excess of ninety million dollars - other than the Casino Queen - probably in fifty-plus years. And basically what this does is, this allows for the cleanup and correction requested by creating an opportunity to build a solar panel farm in the City of East St. Louis. This will create one hundred local jobs - ninety construction, ten long-term. Construction jobs totaled, it will create five hundred and ten local jobs - five hundred construction, ten long-term and security jobs. This project will result in a ninety-million-dollar investment in the Illinois economy. Twenty-five million will come from the original polluter - the original polluter - to clean up the property. The other sixty-five million will -- will go towards building the facility. And the basis of this is that there will be a power purchase agreement that will basically fund -- or give the initial impetus to get financing to fund this project. Now there is a cost associated with this and it is determined that the cost is thirty-two cents annually on the annual bill, thirty-two cents, to create in excess of five hundred and ten jobs in a poor community that probably has a poverty -- that has -- has an unemployment level in excess of forty percent. I would ask for your favorable vote.

John M. Sullivan (D)

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

Dale A. Righter (R)

134 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Will the sponsor yield, please, Mr. President?

John M. Sullivan (D)

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

Dale A. Righter (R)

Thank you. Senator Clayborne, I want to talk a little bit about the structure of the purchase agreement. And, I mean, I'm sure the Members remember, over the last couple years we've talked about Tenaska, we've talked about Leucadia, we've talked about Power Holdings, and now we're talking about the brownfields group. Under this deal, is there a guaranteed profit for the company, and if so, what is that?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Clayborne.

James F. Clayborne Jr. (D)

There -- there is no guaranteed profit, but there is a guaranteed rate, which makes the power purchase agreement marketable.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

So, in other words, the utility - in this case, Ameren - would be required to purchase the power produced by this facility at above-market prices and then that differentiation is what funds the project. Is that a -- is that a -- is that a fair description of the project?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

Yes. 135 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

And the inevitable result of that is that ratepayers will pay for the construction of this project. I mean, that's in the end, because they're the ones who are going to fund it through the above-market prices being charged. Is that correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

A portion of it, yes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Now, Senator Clayborne, I mean, you've been here in the General Assembly for some time, as have I. And -- and -- and you know that one of the things -- one of the few things that Illinois can really sell when it comes to being a place that investors might want to invest their dollars and people might want to build manufacturing facilities is -- is that on the -- on the large scale, they can buy power relatively cheaply compared to our neighboring states, because we have, for the most part, a free market system. People can go out and -- and people have to bid. The sellers have to bid on -- in terms of selling their power. This seems to me to be another step backwards. Because it's another occasion where elected lawmakers are going to say, "okay, we've decided that we have a free market, except for this contract and that contract and this contract", and now this would add to that. Is that -- I mean, 136 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 is that fair?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

Well, in this -- in this situation, they're only buying twenty megawatts. They're not buying the -- all -- all -- the entire capacity. And, again, there's the same debate, Senator Righter, that we've debated on those other issues. As -- as time progresses, we continue to lose our coal power plants here in the -- in -- in -- in the State. Obviously, the peaker plants cost more to provide energy. And at some point in time, we're going to have to address this, and -- and the way you finance these developments is through a rate and a power purchase agreement. So, we're -- we're trying to get ahead of the game. We're trying to create a whole nother industry - solar panel power. We're -- we're putting it in a community that desperately needs the jobs. We're putting it in a community that desperately needs the economic development.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

To the bill, if I might, Mr. President.

John M. Sullivan (D)

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

Dale A. Righter (R)

Thank you, Mr. President, Ladies and Gentlemen of the Chamber. I appreciate that the Majority Leader is advocating for his district here. But the simple fact is, I don't know that this puts us ahead of the curve to the extent that we're 137 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 loosing plants now. We're losing plants because natural gas prices are really low and the coal facilities can't make it. It's because you've got a surplus of power out there, and I know that that is contrary to the popular myth that's being spread by people who want to have these power purchase agreements and benefit from them to the detriment of the ratemakers, but the bottom line is, is that there's no crisis when it comes to power production in Illinois. That's why the prices are so low. To - - again, to the extent that the coal plants are -- are -- are trimming down their operations or going out, it's because they can't stay in business because there's a glut of power out there. In the end, this is a rate increase. This is a rate increase being forced upon consumers because the elected officials in this Chamber - and if it becomes law, the elected officials in the House - have decided that we're going to fund a private sector project through increasing rates to the Ameren customers. I appreciate that in some people's world, it's not much, but it's sixty-five million dollars over twenty years, and particularly to individuals who are just getting by - I suspect a lot like the individuals in Senator Clayborne's district and in mine - that matters. This is another step backward from something that is attractive to Illinois -- about Illinois in terms of investors and we shouldn't take this step. I would urge a No vote. Thank you, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: A question of the sponsor. 138 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator Clayborne, I understand there's a -- a purchase agreement and -- and -- and I know you acknowledge that it would -- the power would be purchased at above-market rates. Can you help us understand what the cost of power from this plant would be, and what is that compared to the current rate?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

It's -- it's -- as I understand it, it's about ten to fourteen cents above market rate.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: So, can -- so, I understand that's -- that's the difference. Is -- what is it now and what will it be?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

It's ten to fourteen cents above whatever the market rate is now.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: Okay. So, if the cost is, let's just say, five cents now, you're saying it's going to be fifteen to seventeen. Is that correct? 139 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

The -- the annual cost right now, if this bill passes, is thirty-two cents annually. Thirty-two cents annually. That's what -- that's what the Ameren ratepayers would -- would pay above what they're currently paying.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: So you're saying thirty-two cents per person that has an account with Ameren?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

That's -- that's correct. Annually.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: And -- and how many jobs will be created in the construction and then in the production stage?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

Five hundred construction jobs for the construction of the facility, one hundred jobs as it relates to remediating the site. So we're talking six hundred and ten jobs that will be created by way of construction of the solar panels and/or remediation of the site. 140 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: And how many jobs for the ongoing project, after it's built?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

Ongoing would be at least twenty jobs. I…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) I'm sorry. Senator Clayborne.

James F. Clayborne Jr. (D)

And those will probably be IBEW jobs.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: And -- and where -- the company that's going to invest, where are they from?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

I believe they're from Pennsylvania.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: Okay. To the bill: Here, again, we're setting a bad policy standard in this State, forcing people to purchase power at an above-market rate just so we can subsidize one company. There's a lot of businesses in this State that would love to be 141 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 subsidized about right now. There are small businesses that would like to spend about twenty thousand dollars on new equipment about right now. There's little storefront businesses that would like to fix up the front of their business for about ten thousand dollars about right now. But they get no part of this. This is bad policy. I encourage a No vote.

John M. Sullivan (D)

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

Mike Jacobs (D)

I rise in strong support of the -- of the -- my colleague's bill. I want to compliment you for trying to do something for an area that's having a very difficult time economically. And also, Senator, isn't it true that this has been a brownfield for -- how long has this been a brownfield down there? And for those that don't know what a brownfield is, that just means it's just a bunch of dirt where nobody can play, nobody can do anything. So, how long has that been a brownfield there, sir? And what -- what will this do to improve that brownfield area?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Clayborne.

James F. Clayborne Jr. (D)

The operation that -- the company that was there shut down in 1950. So this -- this land has been unproductive since 1950, and basically it's a -- it's a -- a dump of hazardous materials. And to create six hundred-plus jobs on this site, I think, would help this -- this community tremendously - well, I know it will - will help this community tremendously.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 142 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Jacobs.

Mike Jacobs (D)

To the bill, Mr. Chairman {sic}. Is this a green energy product, or, you know, I mean, is this -- are we burning some kind of coal? Are we burning some kind of oil? Are we burning some kind of nuclear reactor? What are -- what are we exactly doing to get this new power out?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

We are basically building a big solar panel farm and the sun will energize and -- and create an opportunity to store power that we can sell in this power purchase agreement and to other entities.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

Mike Jacobs (D)

In -- in closing, some may not like our energy policy in Illinois, but what we're trying to do is to increase green energy. And last year we passed a bill that was overwhelmingly supported by not only the majority, but a supermajority, in the smart grid that demanded that we move from three percent to five percent in green energy. And would this fit under that -- that, Senator? Would this be a green energy project that my friends across the aisle are opposed to again?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

Yes, it would be. 143 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

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

Dave Syverson (R)

Thank you, Mr. President. A couple questions of the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Syverson.

Dave Syverson (R)

Senator, you may have covered this earlier and maybe I missed it. What happens if the -- if the project fails or if the company folds after the initial investment is done?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

There -- there are provisions in the bill that prevent over and under recovery.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

Not sure what that means. If -- if the company goes forward and does their construction and builds and makes that investment and then folds after that, are the ratepayers still required to pay off the cost of that -- of -- of building that facility?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

Well, I mean, I guess the issue is that they're buying 144 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 power, and as long as the power is produced, I assume that somebody would -- would -- would -- would buy it.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

The -- yesterday we passed a -- a bill that allowed for a hundred percent tax credit. Does this -- does this project qualify under that legislation that was passed yesterday as well?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

I -- I -- and -- and I said this yesterday - generally, it could. But right now, as it exists, the polluter has already committed twenty-five million dollars to this project as part -- as -- as a portion of -- of getting the site remediated for twenty-five million. So the polluter has already committed twenty-five million dollars to site remediation.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

I guess -- I guess my question is -- is, though, will this same company that is going to get this rate increase to help pay for that, are they also -- could they also be qualifying for this other plan we passed yesterday? So they're getting a hundred percent tax credit plan, plus they're going to get this free -- or this -- we're going to purchase energy at a higher cost plan as well. Could they qualify for both of those opportunities? 145 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

Not under the current structure, they couldn't, because they -- they -- they don't own the land. The polluter has -- has been ordered to pay for site remediation, and under my -- under that other bill, the polluter cannot get a credit for cleanup.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

After the polluter gets done cleaning it up, though, is that land conveyed to that -- the new owner and that new owner would have the land, or who's going to own -- who owns the land then once it's cleaned up?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

The City of East St. Louis would be owner, and the -- the developer of the -- of the solar panels will pay the City for installing the -- the panels on -- on their site.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

Okay. And the City would not qualify for that -- that credit then?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

146 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 The City doesn't have any money, Senator Syverson. They -- they wouldn't because they're not going to proceed in that manner.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

Dave Syverson (R)

Okay. But they -- isn't the…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne. I'm sorry. Senator Syverson. I thought there was a question there. Senator Syverson.

Dave Syverson (R)

I'm working on the question. He was just talking with staff. With the credits being transferable, how would that work, though, with this? Yesterday's -- yesterday's legislation was -- allowed for the transferring of that credit. Would that work in this place, where we have this scenario you're talking about?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

Conceivably, I -- I guess your -- your argument is, could a developer -- another developer come in and try to take advantage of this? Conceivably, that could be the case. However, that is not this transaction. There will be no need for anybody to come in because the -- the -- the -- the polluter has been required to pay this. They are putting up twenty-five million dollars for site remediation.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson. 147 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Dave Syverson (R)

Thank you. Just to the bill: I guess my -- again, the frustration is, yesterday we passed legislation to help a -- a couple communities in selling their water systems and we make all the other communities pay for it, and now we're passing legislation to help one company out and we're making all the other ratepayers having to pay for it. This is a -- we're going down a wrong path of -- of passing all of these costs on to consumers with higher fees. Whether it's simple fees, whether it's fees on -- on water rates and now higher utility fees, we are -- are feeing families to death the last couple days in this Chamber. So, with that in mind, I would -- I would urge a No vote. Thank you, Senator.

John M. Sullivan (D)

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

David Koehler (D)

Question of the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Koehler.

David Koehler (D)

Senator Clayborne, how were projects, when you built power plants or whatever, funded in the past? How were they developed?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

They were -- they were developed with power purchase agreements. They were also purchased through the -- the -- a 148 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 rate that was developed by the Commerce Commission.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

David Koehler (D)

To the bill, Mr. President. I guess that's my point, is that what we have here is a deregulated environment. And I -- I guess, listening to the conversation, we could go back to the regulated environment if we wanted to use the ICC, in which what happened was a utility went and asked for an increase in their rates so that they could use that to -- to build their -- their new facility. Personally, I'd like to uphold the deregulated environment, because I think that has been good for consumers. But when you do that, how do you collateralize new capital investment? And this is the way you do it, unless we want to not have anything built in Illinois anymore. And, sure, it's true that we have cheap energy right now in terms of natural gas and all of that, but will that happen forever? I want to -- I strongly support this bill. I think it's a very good use of a brownfield site. If you've talked to anybody in the solar industry, you'll know that it takes a lot of land to put the solar panels on. If we'd be talking about taking prime farmland out of production so we could put solar panels on it, then we'd have a discussion. But we're talking about a polluted site that hasn't been used since 1950. And we're now talking about building a solar power plant and using the tools that are available in a deregulated environment. I think this is the way to go. This is the future. It supports what we want to do in terms of the private sector engaging in power production. And unless we want to go back to a regulated environment, I don't 149 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 see that there's any other choices. I strongly support this.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Senator Clayborne, to close.

James F. Clayborne Jr. (D)

Thank you, Mr. President. Thank you for the comments that have been made, whether for or against and particularly for. But, you know, I do want to say something. One of my colleagues on the other side talked about subsidizing businesses. We do it every day. And, in fact, in your area, we built a major intersection - a major intersection that gave consumers the ability to have greater access to those businesses. So we subsidize businesses every day. TIF - somebody over there was just talking about expanding their enterprise zone. That's -- again, we're subsidizing businesses. We do it every day. It's the right thing to do. In this instance, we're asking -- I'm asking you, in my community, to give people that you -- typically we want to vote against - we're going to cut Medicaid, we're going to cut other services, education - I'm saying give them an opportunity to work in their community. This company came in, polluted and left - and left. This land hasn't been used since 1950. I'm asking for your favorable vote to give the people in this community an opportunity to be productive, live the life, and make a decent wage and provide opportunities for themselves and their families. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 3173 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 150 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 33 voting Aye, 22 voting Nay, 0 voting Present. Senate Bill 3173, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, next up on the Calendar is Senate Bill 3178. Senator Muñoz, on -- Senator Muñoz, on 3178. Out of the record. Senator -- Senator Muñoz -- Senator Muñoz, on 3181. Out of the record. Senate Bill 3193. Senator Jacobs. Out of the record. Senate Bill 3232. Senator Koehler, on 3232. Out of the record. Senate Bill 3234. Senator Haine. Senator Haine, on 3234. Out of the record. Senate Bill 3244. Senator Frerichs. 3244. Mr. Secretary, read the bill.

Scott Kaiser

Senate Bill 3244. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

Thank you very much, Mr. President. This amendment requires -- this bill, as amended, requires the State Board of Education to coordinate the acquisition, adaptation, and development of middle and high school mathematics curriculum models to aid school districts and teachers in implementing a required fourth year of mathematics. Currently, students in Illinois are only required to serve -- or to complete three years of mathematics. It's creating a board that would require the input of several stakeholders - several that are outlined, others that would be put forward. This will be under the 151 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 direction of the Lieutenant Governor's Office. After originally sponsoring the bill that would have required just four years of math received a lot of opposition, this amendment will create a task force, so in a year we'll get some recommendations. And it removed all -- almost all opposition, I think.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3244 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 50 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 3244, having received the required constitutional majority, is declared passed. Next up on the Calendar -- Senator Hunter, for what purpose do you -- or, Senator Crotty, for what purpose do you rise? Senator Crotty.

M. Maggie Crotty (D)

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

John M. Sullivan (D)

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

M. Maggie Crotty (D)

Thank you. Up in the gallery, we have seventh graders and their teachers and parents from St. George's School in Tinley Park. And I'd like to welcome them, along with Senator Maloney up there with them. And so, please, welcome all of them to Springfield.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 152 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Would our -- would all the students please rise? Welcome to the Illinois State Senate. Great to have you here today. Hope you enjoy your visit. Ladies and Gentlemen, we are on page 21 of the printed Calendar. Towards the bottom, we have Senate Bill 3253. Senator Frerichs. Senator Frerichs, on -- 3253. Senator Frerichs. Out of the record. Senate Bill 3277. Senator Hutchinson. 3277. Out of the record. Senate Bill 3280. Senator Frerichs. Senator Frerichs, on 3280. Out of the record. Ladies and Gentlemen, turn to the top of page 22 of the Calendar. On the Order of Senate Bills 3rd Reading, we have Senate Bill 3284. Leader Clayborne. 3284. Mr. Secretary, please read the bill.

Scott Kaiser

Senate Bill 3284. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. President. This is an initiative of the State Comptroller's Office. The bill amends the Prompt Payment Act to make it clear that interest penalties are paid on a daily versus -- I mean, daily basis versus per month basis. Secondly, the bill amends the State Comptroller Act that an annual report does not include an address for each State employee. Currently, a name and address are included. I would ask for your favorable vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Rezin, for 153 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 what purpose do you rise?

Sue Rezin (R)

Sorry. Mr. President, I'd like the record to reflect my vote as a No on Senate Bill 3244 and reflect it as a Yes, please.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so indicate your intentions. Is there any discussion on Senate Bill 3284? 3284. Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 3284 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary - Toi - take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3284, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3296. Senator Garrett. Mr. Secretary, read the bill.

Scott Kaiser

Senate Bill 3296. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.

Susan Garrett (D)

Yes, thank you very much, Mr. President. Senate Bill 3296 adds third facility {sic} (party) management to the Procurement Code. Basically the definition includes where a party is interested in proposing a lease or lease to own contract and proposing that the cost of a third party management contract be 154 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 paid by the State in addition to the rent or lease to own payment, then the part -- party must submit, at the time of proposal, the identification of the thirty party manager, the identification of individual owners with ownership interest in common with a third party manager and identification of ownership interest in the third party manager, a list of all services to be provided on behalf of the lessor, and an itemized cost schedule. This passed the Procurement Committee. There is no opposition. Passed unanimously. Be happy to answer questions.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3296 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3296, having received the required constitutional majority, is declared passed. Next up is Senate Bill 3297. Senator Garrett. Please read the bill.

Scott Kaiser

Senate Bill 3297. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Garrett.

Susan Garrett (D)

Yes, thank you, again, Mr. President. Senate Bill 3297 amends the Procurement Code to require that all real estate 155 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 purchase agreements or leases of State-occupied property shall contain full written disclosure of the identity of every owner or beneficiary having an interest in the premises being leased. The disclosure shall, a, be subscribed and sworn or otherwise affirmed on oath by an owner; and, b, in the case of lease arrangements or real estate installment and purchase agreements, it is to be the responsibility of the lessor or seller to notify the chief procurement officer if there are any changes. This bill also passed the Procurement Committee. There was no opposition.

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 Senate Bill 3297 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3297, having received the required constitutional majority, is declared passed. Next up, we have Senate Bill 3304. Senator Harmon. Leader Harmon. Out of the record. Senate Bill 3305. Ladies and Gentlemen, with leave of the Body, we will go down to Senate Bill 3314. Senator Harmon. Ladies and Gentlemen, Leader Harmon seeks leave of the Body to return Senate Bill 3314 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3314. Mr. Secretary, are there any Floor amendments for consideration?

Scott Kaiser

Yes, Mr. President. Floor Amendment No. 1, offered by 156 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Harmon.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon, on Floor Amendment 1.

Don Harmon (D)

Thank you, Mr. President. I move for adoption of the amendment and look forward to debating it on 3rd Reading.

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. The amendment is adopted. Mr. Secretary, are there any other Floor amendments approved for consideration?

Scott Kaiser

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3314. Mr. Secretary, please read the bill.

Scott Kaiser

Senate Bill 3314. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'm a -- I'm a little concerned that I even have to present this bill to the General Assembly, but it -- it is necessary. We passed what I would call a -- a truth in taxation law several years ago requiring disclosure on the ballot for a referenda question, the practical impact of the property tax 157 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 increase that voters were called upon to vote on. There were some odd legal interpretations, in Cook County in particular, that suggested you did not have to factor in the equalizer, and therefore, taxing bodies were understating the impact of the tax increase by as much as two-thirds. This would clarify something I think is already fairly clear in law, that you have to factor in the equalizer when presenting the question to the -- to the voters. Not aware of any opposition and I ask for your Aye votes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3314 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3314, having received the required constitutional majority, is declared passed. Next up on the Calendar, Senate Bill 3329. Senator Harmon. Out of the record. Senate Bill 3332. Senator Harmon. Out of the record. Senate Bill 3334. Senator Harmon. Out of the record. Senate Bill 3336. Senator Harmon. Out of the -- yes. On 3336, Mr. Secretary, Senator Harmon seeks leave of the Body to return Senate Bill 3336 to the Order of 2nd Reading. And leave is granted. Now on the Order of 2nd Reading is Senate Bill 3336. Are there any Floor amendments approved for consideration?

Scott Kaiser

Yes. Floor Amendment No. 2, offered by Senator Harmon. 158 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

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

Don Harmon (D)

I move for its adoption, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. And is there any question or discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

Scott Kaiser

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3336. Please read the bill.

Scott Kaiser

Senate Bill 3336. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3336 was brought to my attention by a group of in-line speed skaters at home in my district who have been skating together on -- on the -- the public streets and have been asked by police officers whether they had the right to do so. We attempted at first to categorize them in a manner similar to bicyclists. We had objections to that. We worked it 159 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 out with the State Police. This bill gives them authority similar to that of pedestrians. I'm not aware of any opposition and I ask for your Aye votes.

John M. Sullivan (D)

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

Dale A. Righter (R)

Will the sponsor yield, please, Mr. President?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter, the sponsor will yield. Senator Righter.

Dale A. Righter (R)

Thank you. Perhaps not opposition, Senator Harmon, but some interest. First, are you an in-line speed skater?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon, we're all waiting for that answer.

Don Harmon (D)

Not yet. Would you like to go for a ride, Senator? We can try it together.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

No way. Second question is, what's the difference between in-line speed skating and roller skating, or other kind of skating?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

The -- the -- the bill actually sets forth the description of the in-line speed skates. It -- it -- it -- it has to -- it 160 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 sets forth requirements for the -- the -- the height of the boot, the -- the -- the frame or chassis, the -- the wheels are aligned in -- in a single file, rather than the old-fashioned roller skate where they're side by side. If you've seen these folks skate, they move at a pretty good clip. And they would not be safe on sidewalks, nor would any pedestrians be safe on sidewalks if they were attempting to speed skate there.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Now, you mentioned the -- the rate of speed that they can achieve. What -- what kind of -- what kind of speeds are we talking about, Senator Harmon? How fast can these…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

I am told, although, as I've confessed earlier, I have never attempted, that these folks can reach speeds of eighteen to twenty-two miles per hour.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Now, Senator Harmon, I noticed the bill allows for this or requires this, except in the City of Chicago. Why are we discriminating against the in-line speed skaters in the City of Chicago?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon. 161 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Don Harmon (D)

The -- the concern that was raised was that the -- the City of Chicago streets would be too congested to safely speed skate, and it was an accommodation to that reality.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter. Further discussion? Seeing none, the question is, shall Senate Bill… Excuse me. Excuse me. Senator Lauzen, do you have a -- Senator Lauzen.

Chris Lauzen (R)

Thanks. I guess a question for the sponsor. And I'm sorry for the late button. That was entirely my fault.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Quite all right. Senator Lauzen. Indicates he will yield.

Chris Lauzen (R)

Senator, I -- I understand the exception for Chicago. How about Aurora? How about Elgin? How about Peoria? In some of these other towns? This -- I mean, this -- it's great fun. It's a great sport. It's a very dangerous sport, and especially at the speeds of, as you said, eighteen to twenty miles an hour. That is faster than a faster -- than a fast cycle -- a racer goes at in training, because that's about fifteen miles an hour. Why not those other towns where the congestion can be as serious?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. Well, Senator Lauzen, it sounds like you might be able to take Senator Righter and -- and me out for a little training exercise here; you may have some more 162 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 familiarity with it. That -- the -- the determination to carve out the City of Chicago was made at the recommendation of the State Police. It was not my recommendation. I don't know why, in their judgment, they didn't view other large municipalities that aren't as large as the City as similarly congested. But I'm following the advice of the State Police.

John M. Sullivan (D)

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

Linda Holmes (D)

Yes, I just want to comment to the bill.

John M. Sullivan (D)

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

Linda Holmes (D)

Obviously, I'm possibly one of the few people in this Chamber who is actually an avid in-line skater. And I will say, skating in Aurora, the one advantage we have in a lot of the smaller cities and in the suburbs is that we've got a pretty extensive bike trail way of going. So, I mean, you can -- you can pretty much get across town in almost any manner going down the bike paths. So…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, the question is, shall Senate Bill 3336 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary - Noe - take the question. On that question, there -- take the record. On that question, there are 45 voting Aye, 9 voting Nay, 0 voting Present. Senate Bill 3336, having received the required 163 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 constitutional majority, is declared passed. Senate Bill 3338. Senator Harmon. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3338. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is another bill I'm -- I'm -- I'm surprised that I -- I have to present. This is similar in some ways to Senator Link's bill on campaign yard signs on election day, but I think you'll find it much simpler in its approach. There is actually a debate in some communities as to whether the sidewalk and the municipal parkway immediately adjacent to the polling place constitutes polling place property on election day for the purposes of placement of signs and electioneering. This bill simply clarifies that those properties are, in fact, part of the -- the campaign zone on election day. I ask for your Aye votes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3338 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 3338, having received the required constitutional majority, is declared passed. Next up 164 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 on the Calendar is Senate Bill 3339. Leader Radogno. Out of the record. Senate Bill 3348. Senator Hutchinson, on 3348. Out of the record. Ladies and Gentlemen, turn to the top of page 23 of your printed Calendar. We have Senate Bill 3354. Senator Raoul. Out of the record. Senate Bill 3366. Senator Koehler. Senator Koehler seeks leave of the Body to return Senate Bill 3366 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3366. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment -- No. 1, offered by Senator Koehler.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler, on Amendment 1.

David Koehler (D)

Thank you, Mr. President. Amendment No. 1 just removes Cook County, and I'll talk about it on 3rd.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3366. Senator -- Mr. Secretary, read the bill.

Anderson

Senate Bill 3366. 165 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

David Koehler (D)

Yes, thank you, Mr. President, Members of the Senate. Senate Bill 3366 prohibits county boards, in counties other than Cook, from requiring a homeowner to reapply for a senior citizen's homestead exemption for more -- any more frequently than every two years. This was brought to me by a county assessor, and it's just designed to not have to require senior citizens to come in every year. So, two years would be the minimum.

John M. Sullivan (D)

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

Matt Murphy (R)

Question of the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Murphy.

Matt Murphy (R)

Senator, why is it okay for Cook County seniors to have to come in every year -- every year, but the -- the seniors in every other county in the State don't have to come in but every other year?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

David Koehler (D)

Well, they requested this. They said because of the volume 166 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 that they have.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.

Matt Murphy (R)

Well, this Chamber passed a bill that didn't require seniors to reapply at all. So, obviously, the collective judgment of this Body the last time we were asked, which was Senate Bill 19, was that it was okay that they not reapply at all. Why don't we -- why is Cook County telling us what we need to do instead of us sticking up for our taxpayers and our seniors and telling the Cook County Assessor to do his job?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

David Koehler (D)

I guess I'm -- I'm not aware that -- you're saying that we have a law on the -- on the books already that does not require seniors to reapply?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.

Matt Murphy (R)

For their senior homestead exemption, or their senior freeze?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

David Koehler (D)

Yes, for their homestead exemption.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.

Matt Murphy (R)

167 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Well, the seniors I've been hearing from have been indicating that they have to reapply every year now, even though they're seniors and they're never going to lose senior status.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

David Koehler (D)

Well, my understanding, unless -- unless I'm wrong, is that their -- counties can determine for themselves what, you know, how often they want seniors to -- to reapply for this. But what we're saying in here is that the minimum, other than Cook County, is -- is two years. Some counties have it every year. We're saying that the minimum ought to be two years. But counties do have the -- the ability to not require this even every two years. They could just say you do it the first year and then, after that, you're fine.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.

Matt Murphy (R)

I -- I agree with your bill, Senator. I agree with the concept that they shouldn't have to do it at all. And a two- year minimum would be great. I just don't know why I have to go and tell the people in my district - the seniors in my district - that they got to be treated worse than everybody else in the State just 'cause they live in Cook County and the assessor's office doesn't want to have to deal with doing this and responding and tracking this down the proper way, instead of stalking people -- stalking seniors, confusing 'em and scaring 'em and dragging 'em in every year. It's wrong. It's absolutely wrong. This Chamber said it was wrong. Senator 168 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Mulroe carried the bill. And it's the other side of this building that has basically told seniors in Cook County that they don't really care if they're intimidated or terrorized by their property tax issue. And I just think this would have been an opportunity to -- to say No. And I wish we wouldn't have had the amendment. I do support the bill for everybody else, but I do feel like this is not even a half a loaf for Cook County.

John M. Sullivan (D)

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

M. Maggie Crotty (D)

Couple of questions of the sponsor, and then a comment.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Crotty.

M. Maggie Crotty (D)

Sure. As the previous speaker had -- had just mentioned, about all the seniors having to come in and reapply for their exemption, at that -- I had already talked to the assessor on the reason for that, and that was because, over an extended amount of time, when some of the seniors had passed away or moved and then sold that home to someone else or a child, that exemption stayed there. And we're still finding some that are still having that senior exemption and they're not seniors. And that was unfair to all the other persons paying property taxes in Cook County. I'm -- I'm not aware that the Assessor of Cook County would be against this bill. So, would you look at the sponsor in the House just to see if, in fact, Cook County, at this time, may have looked into all of -- of that, and at the time that this bill would go into effect, perhaps he would like 169 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 to do that for Cook County too?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

David Koehler (D)

Yes. I certainly will. And I -- I do agree. I mean, I think that, quite frankly, that it works out very well in -- in most counties where seniors apply once and then -- then that's it. So I will commit to working with the -- the House sponsor to try to see if we can get Cook County back into this. I have no objections to that. I was trying to do what we could for the rest of the State, and we'll see where it goes.

John M. Sullivan (D)

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

John G. Mulroe (D)

To the bill.

John M. Sullivan (D)

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

John G. Mulroe (D)

I guess this is in response to Senator Murphy's comments. Senate Bill 19 passed and what it did was remove the requirement that seniors would have to apply every year, which was put into law like the year prior, for obvious reasons I believe. But there were some concerns that the Speaker had. That's why the Speaker passed that bill. It is sitting in the House right now in one of their subcommittees. So, it could be activated. I've actually tried to -- to push to get it -- called. But as -- it's still sitting there right now. And it's my understanding that the Cook County Assessor is in favor of Senate Bill 19, but 170 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 we're still in that quandary.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Senator Koehler, do you wish to close? Seeing he doesn't, Ladies and Gentlemen, the question is, shall Senate Bill 3366 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 3366, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3368. Senator Sandoval. Out of the record. Senate Bill 3384. Senator Noland. Mr. Secretary, read the bill.

Anderson

Senate Bill 3384. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland.

Michael Noland (D)

Thank you, Mr. President. Senate Bill 3384 creates the Randall Road bus on shoulder pilot program, whereby certain public buses designated by IDOT will be allowed to drive on shoulder roadways. The five-year pilot program shall be established by IDOT and PACE, in conjunction with the State Police. IDOT is required to issue a report to the General Assembly on the effectiveness of the bus on shoulder pilot program after the program has been operating for two years. Ask for an Aye… 171 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3384 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3384, having received the required constitutional majority, is declared passed. Senate Bill 3389. Senator Noland. Mr. Secretary, read the bill.

Anderson

Senate Bill 3389. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Noland.

Michael Noland (D)

Thank you, Mr. President. Senate Bill 3389 amends the Property Tax Code, granting an exemption for specially adapted housing for disabled veterans. Provides that beginning in tax year 2011, veterans qualifying, if they have been disabled seventy percent or more, to receive a exemption from having to pay property taxes. I know of no opposition.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 3389 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 172 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3389, having received the required constitutional majority, is declared passed. Senate Bill 3394. Senator Martinez. Out of the record. Senate Bill 3399. Senator Muñoz. Mr. Secretary, read the bill.

Anderson

Senate Bill 3399. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3399 was initiated by the Associated Beer Distributors of Illinois. The bill amends the Beer Industry Fair Dealing Act to lower the arbitration threshold to determine the compensation the distributors paid for the equity put into the brand. All brands -- under ten percent of the distributor's gross receipts will go to arbitration rather than a costly judicial remedy. Similar language is supported by the Craft Brewers Association as their national policy and I know of no 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 Senate Bill 3399 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting 173 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Present. Senate Bill 3399, having received the required constitutional majority, is declared passed. Senate Bill 3404. Senator Steans. Out of the record. Senate Bill 3429. Senator Koehler. Out of the record. Senate Bill 3436. Senator Frerichs. Out of the record. Senate Bill 3450. Senator Link. 3450. Out of the record. Senate Bill 3461. Senator Koehler. Out of the record. Senate Bill 3478. Leader Clayborne. Senator Clayborne. Out of the record. Senate Bill 3497. Senator Schoenberg. Mr. Secretary, Senator Schoenberg seeks leave of the Body to return Senate Bill 3497 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3497. Are there any Floor amendments approved for consideration?

Anderson

Floor Amendment 2, offered by Senator Schoenberg.

John M. Sullivan (D)

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

Jeffrey M. Schoenberg (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 2 lifts the opposition that existed previously from traditional retailers and convenience stores by providing for a study for the Internet pilot program on the impact and feasibility of pre-paid cards used for Lottery sales purchased throughout the Internet. And it provides the Department with -- the Lottery to -- with the power to appoint investigators. It establishes that for the sale of the Lotto, Mega Million {sic} (Millions) and Powerball tickets that it does not bar the sale of these lottery tickets by convenience stores. And, finally, it gives the Department the ability to adopt 174 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 emergency rules and the ability to limit the number of lottery tickets purchased -- a person may purchase online. This would lift much of the opposition and I'd be happy to answer any questions.

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. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3497. Mr. Secretary, read the bill.

Anderson

Senate Bill 3497. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3497 would expand the pilot program that's existing for the online sales of lottery tickets by giving the Lottery the ability to sell Powerball tickets online. The legislation, as amended, sets out the framework by which this would be administered. The proceeds, I should say, for the online Powerball - and I think they'd be considerable in year one - would be in concert with the distribution of the proceeds 175 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 for the other online games that are in the pilot program. Namely, it would go to the Common School Fund and towards paying for capital projects and infrastructure. I'd be happy to answer any questions. The Amendment No. 2 lifted some of -- lifted the opposition of the -- some of the traditional retail outlets, the retailers and the convenience store operators. And at the appropriate time, I'd like to add some legislative intent as well. Thank you.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. 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 he will yield. Senator Righter.

Dale A. Righter (R)

Senator Schoenberg, when the amendment was presented in committee, one thing that I missed was that the amendment includes now an appointment authority to have Department of Lottery investigators. And I'm curious if you can shed any light on how many investigators we're talking about and what they'll be doing.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Well, Senator Righter, as you recall when the Lottery was administered by the Department of Revenue, the Department of Revenue did have some investigators who were charged with monitoring again -- that -- monitoring the Lottery program, 176 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 making sure that all the retailers were in compliance with the law. The exact number of investigators they had that were specifically assigned, I don't recall. But as we have separated out the Lottery from the Department of Revenue, we want to be able to make sure that there's proportionate representation of - - of investigators as well.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Well, Senator, it's my recollection that then, when the Department of Lottery moved out, that they didn't have those investigators and that's why, I guess, you're authorizing their own. The bill says they're going to have full police powers. So, if that's the -- the case, I mean, what -- what kind of required training are we going to have for these folks? And -- and I'm curious about exactly what -- what they'll be doing in terms of the retail stores.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

They'll have the same training that they had when that -- they were at the Department of Revenue. They'll have the same type of responsibilities as they had when they were at the Department of Revenue. But as you -- as you pointed out, when we made the Lottery an independent entity, yet, once again, we didn't transfer -- we didn't transfer those investigative and administrative functions or resources over. So now we do just that. 177 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Briefly to the bill, if I might? Thank you. Ladies and Gentlemen of the Senate, this is an addition to what was to be a pilot program - what is a pilot program. It is -- for those of you who are concerned about expanding opportunities for Illinoisans to gamble and gamble more, this certainly qualifies in that category. So with that, just so the Members are aware that they are voting for an expansion of gambling under this bill. Thank you, Mr. President.

John M. Sullivan (D)

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

Thomas Johnson (R)

Will the sponsor yield?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) He indicates he will yield. Senator Johnson.

Thomas Johnson (R)

Senator, I noticed -- and I just want to pick up on the inspector issue, the powers of those inspectors. I noticed there that they are going to be given the power to arrest. Is that correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

The power of the inspectors will be identical to the power of the inspectors as they were under the Department of Revenue. 178 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Johnson.

Thomas Johnson (R)

Keep -- keep forgetting I'm in the Senate. Now, the -- but these are new hirees. These are not trained people currently. Are -- what kind of standards are going to be set for these inspectors, since they are going to have the power to arrest? I presume they'll have their badges, they'll have their whatever, but what kind of training, you know?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

It will be identical to what they had when, in fact, they were housed at the Department of Revenue. And by the way, there's nothing that would preclude these investigators -- there would be nothing that would preclude this personnel from deciding that they would rather be part -- be part of the Department of the Lottery, as opposed to being part of the Revenue Department. So it's identical. You may recall, at one point, the two were two separate administrative entities. They were combined, where the Lottery was under the auspices of the Department of Revenue. Now we're separating them out in acknowledgement of how we would be able to have the Lottery perform more effectively and yield greater revenues. So there's going to be no change in any of this. I want to assure you.

John M. Sullivan (D)

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

Linda Holmes (D)

179 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Question of the sponsor, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Holmes.

Linda Holmes (D)

Yes, Senator Schoenberg, for purposes of legislative intent, who will be the two members of the license {sic} (licensee) community appointed to the Study Committee?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Senator. The -- for the purposes of legislative intent, one of the two members of the licensee community appointed to the committee shall be a representative of the Illinois Association of Convenience Stores and another -- and the other, a representative of the 7-Eleven Corporation, which holds that license.

John M. Sullivan (D)

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

John J. Cullerton (D)

Thank you, Mr. -- Mr. President. Just want to rise in support of this bill and give a little background. When we had our capital bill three years ago, we had to put together a funding source. One of the provisions in that funding source was to privatize the management of the lottery. That has been effectuated. And another provision that was contemplated in that bill was to allow for the Lottery to sell lottery tickets on the Internet. There was an issue about whether or not a federal law precluded that. We sent a letter to the Justice 180 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Department. We got back a letter from them saying we could go ahead and allow for the Internet sale of lottery tickets. Illinois started that on Sunday morning. We're the first state in the nation to do that. At the time that we passed that legislation, we did not include in the legislation Powerball. So the purpose of this legislation is to add Powerball to the -- to the other two games that the Lottery is selling online. It's meant to help pay for our capital bill, which received great support here in the General Assembly. We need to get this extra money. The lottery still does aid education, but it also -- a certain amount goes to help pay for our capital bill. Now with regard to the other provisions in the bill, in order to have the Lottery be an independent entity, we separated it from Revenue. The same Revenue agents that used to work for Revenue are now working for the Lottery as a result of this -- this change in the -- in the statute. So this is a bill which is consistent with our capital bill. And by the way, as far as it being an expansion of gambling, let's -- let's note that the lottery is a different entity than riverboats. The odds of winning these games are extremely high. The idea is, a great number of people spend a small amount of money for the chance to win a lot of money. The average purchase of a Mega Millions ticket is five dollars, not something like risking your mortgage. And so, to say it's an expansion of gambling, I think is a little bit of a -- of a reach. So I commend Senator Schoenberg for sponsoring the bill and urge an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg, to close.

Jeffrey M. Schoenberg (D)

181 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Thank you, Mr. President, Ladies and Gentlemen of the Senate, and I want to especially thank President Cullerton for providing a detailed analysis on why this is such a sound proposal. I just want to add that the principal purpose of the amendment that we just adopted was to provide protections in the marketplace, from traditional retailers, mom-and-pop stores, convenience stores, gas stations, so that they, too, would be able to continue to sell lottery tickets. Even as the commercial purchases go online, they, too, have their -- their place in the marketplace. I urge an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 3497 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 36 voting Aye, 20 voting Nay, 0 voting Present. Senate Bill 3497, having received the required constitutional majority, is declared passed. Senate Bill 3498. Senator Schoenberg. Mr. Secretary, read the bill.

Anderson

Senate Bill 3498. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3498 would establish a not-for-profit 182 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 mechanism for private foundations and individuals to help contribute towards addressing one of the fundamental problems in our criminal justice system, and that is eliminating the DNA backlog. I think that we've seen over the course of the past several years that there is tremendous interest from crime victims and their families to help justice be served in a more timely fashion. And, similarly, we also have seen that as DNA tests have proven the innocence of those people who wish to reclaim their lives that they, too, have had to wait an artificially long -- long time because of the DNA backlog. Right now, there's a DNA backlog of about -- over twenty-one hundred cases. So, in order to make it possible to -- to isolate this one problem - how do we make the DNA backlog go away? - I've gone to Attorney General Madigan and to the State Police to enlist their support for the idea that if, in fact, there are private foundation, private dollars, that wish to donate towards eliminating the DNA backlog and thus helping crime victims or helping individuals who have been exonerated to achieve reclaiming their name sooner, that we isolate this problem and make it possible for private contributions to eliminate this problem. Now there's a governance structure that's been put in place to do that. There is a express prohibition against people who have family members or who they themselves may have a case that's pending that would benefit from an expedited elimination of the DNA backlog. But, to me, it's simply unconscionable that people should have to wait a day longer -- that crime victims should have to wait a day longer or their family should have to wait a day longer because of -- of a financial problem that the State is having in having justice 183 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 served. And, similarly, it's also unconscionable that individuals who have been found -- who could be exonerated, who could have their lives reclaimed and have their names cleared pending a DNA test, that they have to wait longer because of this problem that's a function of nothing but economics. It was a problem that existed before; it's a problem that -- existing now in the current economic period. So here's a mechanism that would allow that to do so. I would urge your support. As I said, the Attorney General and State Police are supportive of this, and I hope you will be as well. I'd be happy to answer any questions.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall Senate Bill 3498 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3498, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3499. Senator Schoenberg. Please read the bill.

Anderson

Senate Bill 3499. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the 184 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senate. Senate Bill 3499 decouples the offset of federal and State fines in the event that there are nursing home violations. It prevents -- it reduces administrative costs, increases the net from the fines, and the offsets are enhanced while waiting for the appeal. This is an initiative of the -- of the Illinois -- of the Health Care Council of Illinois and there's no opposition. 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, the question is, shall Senate Bill 3499 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3499, having received the required constitutional majority, is declared passed. Senate Bill 3511. Senator Althoff. 3511. Out of the record. Ladies and Gentlemen, with leave of the Body, we are going to go back to page 22 of the Calendar to Senate Bill 3339. Leader Radogno wishes to proceed. There it is. Mr. Secretary, read the bill. Leader Radogno seeks leave of the Body to return Senate Bill 3339 to the Order of 2nd Reading. No objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3339. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor -- Floor Amendment No. 1, offered by Senator Radogno.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Radogno, on Amendment 1. 185 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Christine Radogno (R)

Thank you, Mr. President. I would like to withdraw Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no objection, Amendment -- Floor Amendment 1 is withdrawn. Mr. Secretary, are there any other Floor amendments approved for consideration?

Anderson

Floor Amendment No. 2, offered by Senator Radogno.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Radogno, on Floor Amendment 2.

Christine Radogno (R)

Thank you, Mr. President. Floor Amendment No. 2 has a technical correction and it clarifies the intent of the affidavit, which is the subject of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on Amendment 2? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3339. Mr. Secretary, read the bill.

Anderson

Senate Bill 3339. (Secretary reads title of bill) 3rd Reading of the bill. 186 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Radogno.

Christine Radogno (R)

Thank you, Mr. President. This bill will require individuals who file election packets with the State Board of Education to include a new document, an affidavit that indicates that they have the required number of signatures for the office they're seeking. So in the case of the Senate, they would have to say that they have at least one thousand signatures. It does not address the validity of the signatures, simply the number. And if they don't file the affidavit, the State Board does not accept their paperwork to file.

John M. Sullivan (D)

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

Don Harmon (D)

Thank you, Mr. President. To the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Leader Harmon.

Don Harmon (D)

Thank you. I -- I do want to -- to tell Members on our side of the aisle that the Executive Committee did recommend that this bill do pass with Senator Radogno's amendment. The amendment makes clear, as she said, that there's no liability for candidates as to attesting to the validity of the signatures before they're challenged in a petition challenge, but it does deal with the case where someone is required to file a thousand signatures and only files three hundred or something like that. So, I recommend an Aye vote. 187 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

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

Ira I. Silverstein (D)

Question for the sponsor.

John M. Sullivan (D)

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

Ira I. Silverstein (D)

Senator -- Leader Radogno, I want to thank you for the change. I just want to make sure, this -- this change came from the State Board of Election {sic} (Elections). Is that correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Radogno.

Christine Radogno (R)

Yes, it did.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Ladies and Gentlemen, the question is, shall Senate Bill 3339 pass. All those in favor will vote Aye. Opposed, Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3339, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we'll go back to where we were on the regular Calendar, to the top of page 24. And we have Senate Bill 3512. Senator Althoff, on Senate Bill 3512. Out of the record. Senate Bill 3529. Senator Hutchinson. Out of the record. Senate Bill 3555. Senator Trotter. Leader Trotter, on 3555. Mr. Secretary, please read the bill. 188 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Anderson

Senate Bill 3555. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. This is an initiative of the Secretary of State which would allow Professional Sport Team {sic} (Sports Teams) license plates to be issued for motorcycles. Currently, they only can be issued for passenger cars and pickups. Again, this is an initiative by Secretary White.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3555 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3555, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3557. Senator Muñoz. 3557. Out of the record. Senate Bill 3564. Senator Forby. Out of the record. Ladies and Gentlemen, with leave of the Body, if you'll turn to page 4 of the printed Calendar - we're still on the Order of Senate Bills 3rd Reading - towards the bottom, we have Senate Bill 967. Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 967 to the Order of 2nd Reading. 189 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 We already done that? Okay. Apparently, the amendments have already been adopted. Mr. Secretary, read the bill.

Anderson

Senate Bill 967. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 967 amends the Vehicle Code. It would turn a permissive remedial driver's program into a mandatory driver's program in order to restore or issue a restricted driving permit. We're actively working with the Secretary of State's Office on the appropriate scope for this. We've agreed to work on it in the House. It's in good shape now. It will be in better shape when it comes back to us. And I ask for your Aye votes.

John M. Sullivan (D)

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

Larry K. Bomke (R)

Thank you, Mr. President. Question to the -- the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Bomke.

Larry K. Bomke (R)

Senator Harmon, in committee, we brought up DUIs, it doesn't require someone who has received a DUI to go through these classes, and I thought you were going to get an answer to 190 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 us for that.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Senator Bomke. I'm sorry, I thought that had been communicated to you. There's a separate set of requirements for DUI or -- or drug-related offenses, different from this, and as I understand it, much more severe. This deals with more elemental charges.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, the question is, shall Senate Bills {sic} 967 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 967, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, we will turn to page 26 of the printed Calendar. Towards the bottom of the page, we have Senate Bill 3765. Senator Harmon. Mr. Secretary, read the bill. Mr. Secretary, hold on just one second. Leader Harmon.

Don Harmon (D)

I'm sorry, Mr. President. I believe we'd like to start with Senate Bill 3764.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) We can do that. Mr. Secretary, Senate Bill 3764, are there any amendments? Senator Harmon seeks leave of the Body to return Senate Bill 3764 to the Order of 2nd Reading. No 191 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3764. Are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 2, offered by Senator Harmon.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon, on Amendment 2.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 is -- corrects some drafting errors. I move for its adoption.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on Amendment 2? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3764. Please read the bill.

Anderson

Senate Bill 3764. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the 192 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senate. Senate Bill 3764 is the uniform revision to Article 9 of the Uniform Commercial Code, relating to secured transactions. It's proposed by the Uniform Law Commission. I am not aware of any opposition and I ask for your Aye votes.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 3764 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3764, having received the required constitutional majority, is declared passed. Senate Bill 3765. Senator Harmon. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3765. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, out of the record. Pull 3765 out of the record. Mr. Secretary, Senate Bill 3766. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3766. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

193 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Thank you, Mr. President. I genuinely appreciate your devotion to Senate Bill 3765. I'll get around to calling that sometime here soon. But Senate Bill 3766 deals with -- well, as many of you may know, there's -- there's been a real move to permit the municipal aggregation of electric service. It's been successful in my hometown, in Oak Park. Some two hundred municipalities in the last election approved it by ballot referendum. This bill would create a parallel program for the municipal aggregation of natural gas service. It also permits the purchase of receivables among the alternative carriers to level the playing field. I'd happily answer any questions, or try to, and I ask for your Aye votes.

John M. Sullivan (D)

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

Ira I. Silverstein (D)

Just a question for the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Silverstein.

Ira I. Silverstein (D)

Senator Harmon, why -- I see that the Attorney General is opposing this. Can you tell me why they're opposing it -- or, she opposing it?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

I -- I can certainly try to, Senator. The -- the municipal aggregation component is not, in my view, controversial or opposed by anyone. It also includes the purchase of 194 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 receivables. Today, an incumbent utility can amortize all of its uncollectible debt across its entire base of ratepayers. Now that we're in a competitive market, the alternative suppliers would like to be on a level playing field. In the electric market, we have done that. It appears to have been very successful. We would permit this for the -- for gas systems as well. I expect we'd find the same success in the gas market. It's, in my view, a necessary ingredient to a successful municipal aggregation program.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Ladies and Gentlemen, the question is, shall Senate Bill 3766 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 40 voting Aye, 10 voting Nay, 0 voting Present. Senate Bill 3766, having received the required constitutional majority, is declared passed. Senate Bill 3767. Senator Harmon. Out of the record. With leave of the Body, we will jump down the page to Senate Bill 3811. Senator Harmon. Senator Harmon seeks leave of the Body - is that correct, Mr. Secretary? - seeks leave of the Body to return Senate Bill 3811 to the Order of 2nd Reading. Seeing no -- seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3811. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment 1, offered by Senator Harmon.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon, on Amendment 1. 195 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Don Harmon (D)

Thank you, Mr. President. I move for its adoption and will debate it on 3rd Reading.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3811. Mr. Secretary, read the bill.

Anderson

Senate Bill 3811. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. You -- you may well remember the -- the smart grid bill that we passed and the -- what we called the trailer bill that went along with that. This I would characterize as the trailer bill to the trailer bill. It makes two fairly technical corrections in -- into the net metering program and the energy efficiency procurement provisions. I'm not aware of any opposition or controversy surrounding this and I ask for your Aye votes. 196 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3811 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 48 voting Aye, 6 voting Nay, 0 voting Present. Senate Bill 3811, having received the required constitutional majority, is declared passed. With leave of the Body, we will jump down to 3813. Senate Bill 3813. Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 3813 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 3813. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 2, offered by Senator Harmon.

John M. Sullivan (D)

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

Don Harmon (D)

Thank you, Mr. President. I move for its adoption and will debate it on 3rd Reading.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Anderson

No further amendments reported. 197 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3813. Mr. Secretary, read the bill.

Anderson

Senate Bill 3813. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Don Harmon (D)

Thank you, Mr. President. Senate Bill 3813 seeks to solve an odd little problem. It is also a Uniform Commercial Code bill. There apparently is a rash of people who are styling themselves as sovereign citizens, independent of any jurisdiction of any government, who are using financing statements under Article 9 of the Uniform Commercial Code to harass elected officials, bankers, mortgage bankers, lawyers, or to protect themselves in their view from any liability to pay taxes or -- or follow the government's rules. This gives the Secretary of State's Office the tools that it needs to -- to fend off those fraudulent filings of Uniform Commercial Code statements.

John M. Sullivan (D)

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

Chris Lauzen (R)

Thank you. Just for a question for the sponsor.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) The sponsor indicates he will yield. Senator Lauzen. 198 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Chris Lauzen (R)

Thank you very much for your efforts to try to solve this problem. I'm sorry, what is a financing statement in the context of what we're talking about here?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

A -- a financing statement is a -- it's a filing, saying I have a lien against a piece of property, collateral for a loan, something like that. There are a variety of permutations of this - people who are filing liens against themselves, people who are filing liens against other human beings. Again, it's -- it's -- there is no good intent, but the Secretary of State doesn't have the authority to -- to take them out of the record. They are -- they become permanently part of the record and it's very elaborate to -- to -- to eliminate them.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 3813 pass. All those in favor will vote Aye. Opposed, Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3813, having received the required constitutional majority, is declared passed. Senator Harmon in the Chair.

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 4 of your printed Calendar. Near the middle of the page is Senate Bill 758. Senator Trotter, do 199 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 you wish to proceed? Senator Trotter. Senator Trotter seeks leave of the Body to return Senate Bill 758 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading, Senate Bill 758. Mr. Secretary, have there been any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered by Senator Trotter.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter, on your first amendment.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. Senate Amendment No. 1 is clarifying language as to how many times a student may have tastings in these culinary classes. Clarification: No. 1 becomes the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter moves for the adoption of Floor Amendment No. 1 to Senate Bill 758. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

Anderson

Floor Amendment -- Floor Amendment No. 2, offered by Senator Trotter.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

Donne E. Trotter (D)

…you -- thank you very much, Mr. President. Floor Amendment No. 2, as I stated previously, is clarifying language just detailing how many times a student may have tastings in their culinary classes. 200 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Trotter moves for the adoption of Floor Amendment No. 2 to Senate Bill 758. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 758. Mr. Secretary, please read the bill.

Anderson

Senate Bill 758. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

Donne E. Trotter (D)

Mr. President, Members of the Senate, this is what has been called the "sip and spit" bill. It will allow culinary students who are under twenty-one years of age, but older than eighteen, to taste but not swallow alcoholic liquor as part of a class. Such tastings must be supervised by an instructor and it'll be done with -- six times within a course.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? There must be some discussion. Senator Emil Jones.

John O. Jones (R)

Yeah, will the sponsor yield? 201 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Trotter {sic}.

John O. Jones (R)

Senator, how will this be enforced?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

Donne E. Trotter (D)

Well, several ways. One, it has to be done under the auspices -- in a class. It's in a class. So there will be an instructor there to ensure that they are not having large drinks. It will be -- they'll be given less than a shot to taste.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.

John O. Jones (R)

Well, just one more question. It'll be a shot of what?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter.

Donne E. Trotter (D)

You know, these are culinary classes. So it could be a shot of wine; it could be a shot of brandy; it could be a shot of whatever. It's -- it's teaching the student, one, how to pair meals together with wine. So it -- it's an integral part of their training. But, as you know, in the State of Illinois, you have to be twenty-one years of age to do that. We're now making this exception, just for these students.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Thank heavens, I see 202 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 none. The question is, shall Senate Bill 758 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, 6 voting No, none voting Present. Senate Bill 758, having received the required constitutional majority, is declared passed. Mr. Secretary, Senate Bill 2526. I'm sorry, Mr. Secretary, with leave of the Body, we're going to turn to Senate Bill 2643. Senator Noland. Senator Noland seeks leave of the Body to return Senate Bill 2643 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading, Senate Bill 2643. Mr. Secretary, have there been any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered by Senator Noland.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.

Michael Noland (D)

Move that the amendment be read {sic} on 3rd Reading.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Noland moves for the adoption of Floor Amendment No. 1. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 2643. Mr. Secretary, please read the bill. 203 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Anderson

Senate Bill 2643. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.

Michael Noland (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2643 defines the term “responsible bidder” as individuals or firms meeting the requirements of the Illinois Procurement Code and expands “responsible bidder” to be included on all public works projects. The amendment also states that any contractor or subcontractor bidding on a public works project must be a responsible bidder and must include the total number of straight-time work hours, identified as "journeyperson" or "apprentice", for each type of worker needed to complete the job. Ask for a favorable…

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 2643 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 32 voting Aye, 18 voting No, none voting Present. Senate Bill 2643, having received the required constitutional majority, is declared passed. Mr. Secretary, with leave of the Body, we'll turn to the middle of page 5, Senate Bill 2526. Before reading that, Senator McCarter, for what purpose do you seek -- never… Thank you. Senate Bill 2526. Senator Sandoval. Do you wish to 204 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 proceed? Mr. Secretary, please read the bill. Senator Sandoval seeks leave of the Body to return Senate Bill 2526 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading, Senate Bill 2526. You got one… Mr. Secretary, have there been any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 5, offered by Senator Sandoval.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

Thank you, Mr. President. I'd like to discuss the amendment on 3rd Reading.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval moves for the adoption of Floor Amendment No. 5 to Senate Bill 2526. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 2526. Mr. Secretary, please read the bill.

Anderson

Senate Bill 2526. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval. 205 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Martin A. Sandoval (D)

Thank you, Mr. President. Senate Bill 2526 requires that utilities regulated under the authority of the ICC submit a quarterly {sic} (annual) report on actual spending and procurement goals for minority-owned, women-owned, veteran- owned, and small business enterprises. I'd ask a favorable vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2526 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting No, none voting Present. Senate Bill 2526, having received the required constitutional majority, is declared passed. With leave of the Body, we're going to turn to page 14 of your printed Calendar. Senate Bill 2846. Senator Hutchinson. Mr. Secretary, please read the bill.

Anderson

Senate Bill 2846. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.

Toi W. Hutchinson (D)

Thank you, Mr. President, Members of the Senate. Senate Bill 28 - what number are we on? - 2846 amends the State Finance Act and provides that, on July 1st, 2012, the State Comptroller shall direct and the State Treasurer shall transfer the 206 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 remaining balances of the Energy Initiatives Revolving Fund, the Minority and Female Business Enterprise Fund, and the Paper and Printing Revolving Fund into the General Revenue Fund. These funds are really -- are defunct and this is basically cleanup for CMS. And I would appreciate your support.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2846 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting No, none voting Present. Senate Bill 2846, having received the required constitutional majority, is declared passed. On the same page, Senate Bill 2861. Senator Sandoval. Mr. Secretary, please read the bill.

Anderson

Senate Bill 2861. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

Thank you, Mr. President. Senate Bill 2861 is an initiative of the Illinois Department of Transportation. Allows the IDOT to deposit funds into an escrow account whenever the Department is required to enter into an agreement for the payment of railroad maintenance expenses necessary -- necessary for intercity passenger rail. I'd ask for favorable vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) 207 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Is there any discussion? Senator Lauzen, for what purpose do you seek recognition?

Chris Lauzen (R)

Question for the sponsor.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates that he will yield. Senator Lauzen.

Chris Lauzen (R)

Senator, did you say that this has to do with the high- speed rail initiative?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

No, sir.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Lauzen.

Chris Lauzen (R)

I'm sorry, did you say no?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

No, I said in regards to the -- passenger rail.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Lauzen.

Chris Lauzen (R)

Okay. My analysis here says that it's -- I -- I -- that it's the escrow account -- that it's permission to put into escrow account in financial institutions to pay for a portion of the maintenance of high-speed passenger rail in Illinois.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) 208 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Lauzen, is that a question?

Chris Lauzen (R)

I -- yes, it is. I mean, I -- I read the…

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Lauzen, I wasn't trying to -- I was trying to see if you were finished with your question, that's all. Senator Lauzen.

Chris Lauzen (R)

If I can clarify, as I listened to what I could barely hear, as people are pretty tired here, I heard high-speed rail. I get up; I ask, is it high-speed rail; the answer was, no. Then I read verbatim our analysis, and then that's the nature of the question. Isn't the analysis accurate about the nature of what we're talking about here? Isn't it about high-speed passenger rail in Illinois?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

Senator Lauzen, I -- you know, I'm not trying to be ornery - that's not my nature. The -- the -- if we wanted to be sincere with each other and with the Chamber, there is a broad definition of what a high-speed rail is considered. I don't necessarily consider faster trains by the Union Pacific to be necessarily high-speed rail. But for purposes of discussion and passage of this bill, we could say for high-speed rail, 'cause we have defined as -- the increase of speed on -- by the Union Pacific freight line to be considered high-speed rail. So to that extent, when the Union Pacific agreed to establish an escrow account in order to receive federal funds, this is what 209 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 that bill allows for them to do.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Lauzen.

Chris Lauzen (R)

Thank you very much for clarifying. So we're talking about these corridors for the -- whatever speed these trains may be going at. Can you give me an idea of roughly how much money we're talking about being deposited into these institutions?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

You know, Senator Lauzen, I currently don't have the figures on the amounts, 'cause it's been incremental funding as it relates to the Obama administration and the FRA. I can get that information to you later. Regardless of the amount, they're required to have an escrow account in order to manage those funds.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Any further discussion? Senator Righter, for what purpose do you rise?

Dale A. Righter (R)

Will the sponsor yield, please, Mr. President?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates that he will yield. Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Senator, it's my understanding that in order for the State to receive federal moneys for the purposes of high-speed rail, the State has to agree to maintain the lines. Is that correct? 210 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

Yes.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

Dale A. Righter (R)

So in order to reach an agreement with a -- with a private rail company then, to maintain the lines and get them to engage in the project, it's my understanding that the rail lines have demanded the set-up of the escrow account as is fashioned in your bill, so that they have faith that the money's there. Is that correct?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

That's correct, Senator Righter.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

Dale A. Righter (R)

So -- so the mechanism that's set up under Senate Bill 2861 is an effort to draw down the federal funds for the high-speed rail. Fair?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

That's correct, Senator Righter.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter. 211 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Dale A. Righter (R)

Thank you, Mr. President. Are you aware of any other instance in Illinois law, Senator, whereby in order to do business with a private entity, the private entity has become so distrustful of the State's willingness to put the money forward that it said it would, that it actually demands an escrow account be set up and the State put the taxpayers' dollars in there to be accessed by the rail carrier?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

I have no -- Senator Righter, I have no reason to believe that that's the case here and I have full faith that our great Secretary of Transportation, Secretary LaHood, has full faith in -- you know, in regards to our local railroads here in Illinois, in their management of funds.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

Dale A. Righter (R)

Well, Senator, I guess, it's not about whether or not Secretary LaHood has faith in the State, it's about the private sector rail carrier having faith in the State, not that they have reason to have faith in the State. But, why else would IDOT want a mechanism by which they have to front taxpayer money and put it in an escrow account, unless that's what the rail carrier was demanding? Why else would we do that?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

212 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 You know, I think it's just part of -- it's just par for the course and standard operating procedure when we have these types of arrangements between the private sector and the State and federal partnership in regards to the magnitude of the size of these projects.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. You know, Senator, I don't -- I -- I poke my nose in my fair share of legislation and I can't recall an instance where the State had to set up an escrow account and front taxpayer money in order to get the business of -- or engage a private sector entity. Now, you say this is common practice. Can you give me a couple/three examples of other policy areas where we've done this?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

Senator Righter, I -- I can't come up with projects 'cause I'm not aware of any, but I will tell you that from the information that I have on my fingertips that this is a requirement of the Federal Railroad Administration. They require that the funding -- the source for the high-speed intercity passenger repair require IDOT to enter into an agreement that would require an escrow account. I -- I'd have to get back to you, if you'd like, but I have to speak to Secretary LaHood and the -- the Federal Railroad Authority and the folks in Washington to get the particulars, if we have no faith. 213 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, Senator Sandoval, do you wish to close? Senator Sandoval.

Martin A. Sandoval (D)

I'd ask for a favorable vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Question is, shall Senate Bill 2861 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 33 voting Aye, 18 voting No, none voting Present. And Senate Bill 2861, having received the required constitutional majority, is declared passed. Continuing on the Order of Sandoval, at the top of page 23 of your Senate Calendar is Senate Bill 3368. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3368. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.

Martin A. Sandoval (D)

Thank you, Mr. President. Senate Bill 3368 creates the Alzheimer {sic} (Alzheimer's) Awareness special license plate. I'd ask for favorable vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 3368 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all 214 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Aye, none voting No, none voting Present. And Senate Bill 3368, having received the required constitutional majority, is declared passed. Continuing on page 23 of your printed Calendar, near the middle of the page is Senate Bill 3450. Senator Link, you ready to proceed? Mr. Secretary, please read the bill.

Anderson

Senate Bill 3450. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Link.

Terry Link (D)

Thank you, Mr. President. This bill grants police powers to investigators appointed by the Gaming Board for the purpose of conducting investigations, searches, seizures, and arrests in the enforcement of the Video Gaming Act. The police powers granted by this bill are limited to offenses or violations occurred or committed in connection with the conduct subject to the Video Gaming Act and occurring {sic}, but not limited to, the manufacturing, distribution, supply, operation, or placement, and services, maintenance, or play of the video gaming terminals and distribution of profits and collections of revenue from the video gaming. In addition, the bill requires that police powers granted to the Board agents must be extended {sic}, to the fullest extent, and participate in cooperation with the local police departments and applicable municipalities. 215 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Be more than happy to answer any questions.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3450 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 44 voting Aye, none -- 9 voting No, none voting Present. Senate Bill 3450, having received the required constitutional majority, is declared passed. On page 24 of your printed Calendar, with leave of the Body, we'll turn to Senate Bill 3576. Senator Sullivan, are you ready to proceed? Mr. Secretary, please read the bill.

Anderson

Senate Bill 3576. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

Thank you, Mr. President, Members of the Senate. The legislation would allow municipalities that decrease in population the option of decreasing their number of aldermen. Current law allows reapportionment if -- if population increases or shifts, but not if it decreases. This takes care of that issue. It's an initiative of the Illinois Municipal League.

Don Harmon (D)

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

Kwame Raoul (D)

216 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Question of the sponsor.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Raoul.

Kwame Raoul (D)

There's no -- nothing in this bill that reduces the number of aldermen in Chicago to twenty-five is there?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

Not that I'm aware of, no.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul, is that answer good enough for you? Is there any further discussion? Senator Righter, for -- for what purpose you rise?

Dale A. Righter (R)

Will sponsor yield, please, Mr. President?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Righter.

Dale A. Righter (R)

Senator Sullivan, you're from downstate, why isn't there something in the bill that would reduce the City's aldermen to twenty-five?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

I guess that it wasn't -- the Municipal League didn't bring that to my attention.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question 217 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 is, shall Senate Bill 3576 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting No, none voting Present. Senate Bill 3576, having received the required constitutional majority, is declared passed. Continuing down page 24 of your printed Calendar, with leave of the Body, we'll turn to Senate Bill 3597. Senator Martinez. Senator Martinez. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3597. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez.

Iris Y. Martinez (D)

Thank you, Mr. President and Members of the Senate. The -- the amendment deletes all and becomes the bill. It reinserts similar provisions with the following changes: It removes the ten thousand wage standard for return to work and inserts a hundred-day standard. If a retired teacher returns to work for a hundred days or less and are paid no more than the day-to-day substitute teacher rate of the pay, then they may continue to receive their pension. Currently, statute only states that Chicago teachers may be re-employed as teachers if they are employed as a temporary or on non-annual basis. The Chicago Teachers Pension Fund rule contains a one-hundred-and-forty- five-day standard which states that retired teachers cannot work 218 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 more than one hundred and forty-five days without canceling their pension. Currently, there is no rule about the amount of compensation. And I'll be happy to answer any questions.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3597 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, none voting No, none voting Present. Senate Bill 3597, having received the required constitutional majority, is declared passed. With leave of the Body, we'll move down page 24 of your printed Calendar. Senate Bill 3614. Senator Sullivan. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3614. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

Thank you, Mr. President, Members of the Senate. The legislation requires the Illinois Health Facilities and Services (Review) Board's Long-term Care Facility Advisory Subcommittee to examine and make recommendations to the Board concerning the buying, selling, and exchange of beds between nursing homes within a designated geographic area or drive time. This is a result of discussions between the Health Care Council and the Illinois Facilities and Services Review Board. I have no -- I 219 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 know of no objection to it.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3614 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting No, none voting Present. Senate Bill 3614, having received the required constitutional majority, is declared passed. Senate Bill 3616. Senator Sullivan. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3616. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

Thank you, Mr. President, Members of the Senate. The -- the -- the -- the bill is actually a vehicle bill. There's no language. It's a shell bill. I've been working on some ethanol renewable fuels legislation for the last couple months. I haven't been able to really reach an agreement yet, so I'd like to move a bill over to the House and have it in a position to -- to have it -- so I can continue to work on the -- kind of carry on a discussion over the summer and have something, possibly, ready for the fall Veto Session.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator 220 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Righter, for what purpose do you rise?

Dale A. Righter (R)

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

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Righter.

Dale A. Righter (R)

So, Senator, can you give us an idea of the kind of framework that you're seeking here? I mean -- I mean, I understand that since there's not an agreement, you can't give us word by word, but kind of give us an outline of what you're hoping to achieve here.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

Yeah, I'll be happy to, Senator Righter. The -- again, working with the Corn Growers and some of the other renewable fuels entities, ethanol -- a ten-percent blend of ethanol has pretty well saturated the market here in Illinois, and for that matter, across the country. So what we're trying to do is remove the subsidy for ethanol that they've had for many, many years, and of course, that's really a policy statement, a -- we -- we've been slowly weaning the subsidy that ethanol has gotten. We've weaned it and taken if off over the years. What we'd like to do, working with -- again, with the Corn Growers, is to remove the subsidy for ethanol completely and transition a part -- a smaller subsidy over to some of the higher percentage ethanol-blend fuels, such as an E15, E20, E30, E85. So, that's -- that's our goal in the long-term. We've run in to some objections from some different entities and so what I'd like to 221 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 do over the course of the summer is bring those different entities together to try to reach an agreement on some legislation.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

Dale A. Righter (R)

Okay, now I want to talk a little procedurally, Senator Sullivan. I mean, you're obviously a Member of the Democrat Majority. I think that if you -- I'm assuming, if you sought an extension of a deadline, that would allow the bill to remain in this Chamber and allow you to remain in control of the bill in the process. I wonder why you've decided not to do that and -- and instead move it over there where you will, I mean, to some extent, lose control over it in the House with regards to the negotiations.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

Yeah, it's a valid question, Senator Righter. Actually, that would be another option, no doubt about it. But the Corn Growers have -- have -- have -- have introduced similar legislation in both Chambers. The -- they -- they chose, because of the work that I've done on this legislation, to -- to focus on this particular piece of legislation. Again, they want to have it in a position over in the -- in the House, hopefully, that during the fall Veto Session, if we reach an agreement on this legislation, we could attach language and send it back over for concurrence. The -- the -- the -- the plan that you mentioned, certainly another option. But they -- again, working 222 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 with them, they'd like to see this bill move forward.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.

Dale A. Righter (R)

Well -- thank you, Mr. President. Finally, Senator Sullivan, and my suggestion is a compliment to you. I think that most Members on both sides of the aisle would feel better if this bill remained here and remained with you, because we know your word is good and we know that you understand this issue. And I think, again, there are people on both sides of the aisle who are a little leery of just sending something over there and -- and letting the House have control of the issue. Thank you, Mr. President.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any further discussion? Seeing none, the question is, shall Senate Bill 3616 pass. All in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 46 voting Aye, 4 voting No, none voting Present. Senate Bill 3616, having received the required constitutional majority, is declared passed. With leave of the Body, we're going to turn back up your page 24 to Senate Bill 3601. We passed over that. Senator Kotowski. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3601. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) 223 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senator Kotowski, are you ready to proceed? Senator Kotowski.

Dan Kotowski (D)

Thank you very much. Senate Amendment -- Amendment No. 2 to 3601 modifies the Child Care Act of 1969 and requires the Department of Children and Family Services to report on its progress in meeting performance measures and goals related to child (day) care licensing. It also requires the Department to work through the Early Learning Council on issues related to collecting data and documenting improvements to DCFS' responsibilities concerning licenses. We've been working with Department of Children and Family Services on this measure, as well as the Illinois Day Care Action Council. I ask that we move this bill over the House. We're still working on an amendment, but we've addressed a lot of the concerns of the people that were involved in the negotiation and I believe that we'll be able to move forward and have a positive result.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 3601 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting No, none voting Present. Senate Bill 3601, having received the required constitutional majority, is declared passed. On page 14 of your printed Calendar, with leave of the Body, we'll turn to Senate Bill 2958. Senator Kotowski. Mr. Secretary, please read the bill.

Anderson

224 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Senate Bill 2958. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.

Dan Kotowski (D)

Thank you very much. Senate Amendment No. 1 to Senate Bill 2958 prohibits sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from funds which receive money from charitable donations on the Illinois income tax form.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2958 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting No, none voting Present. Senate Bill 2958, having received the required constitutional majority, is declared passed. With leave of the Body, we're going to turn north on page 14 of your printed Calendar. Senate Bill 2822. Senator LaHood, are you ready to proceed? Mr. Secretary, please read the bill.

Anderson

Senate Bill 2822. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator LaHood. SENATOR LaHOOD: 225 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Thank you, Mr. President. This is the annual IDOT conveyance bill that pertains to a number of different parcels that IDOT owns. This will give them the ability to sell these properties. I know of no opposition to this bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 2822 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, none voting No, none voting Present. Senate Bill 2822, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, we'll turn to page 25 of your printed Calendar. Near the top of the page is Senate Bill 3638. Senator Raoul. Mr. -- Senator Raoul seeks leave of the Body to return Senate Bill 3638 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, Senate Bill 3638. Mr. Secretary, have there been any amendments approved for consideration?

Anderson

Floor Amendment No. 3, offered by Senator Raoul.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.

Kwame Raoul (D)

Floor Amendment -- technical change.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul moves for the adoption of Floor Amendment No. 3 to Senate Bill 3638. All in favor, say Aye. Opposed, Nay. 226 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 The Ayes have it. The amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 3638. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3638. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.

Kwame Raoul (D)

Thank you, Mr. President. Senate Bill 3638 is an initiative of the Illinois Attorney General's Office. It creates the Sex Offender Evaluation and Treatment Provider Act. Establishes the Sex Offender Evaluation and Treatment Licensing and Disciplinary Board which will issue three new professional licenses for the treatment of sex offenders.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 3638 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting No, none voting Present. Senate Bill 3638, having received the required constitutional majority, is 227 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 declared passed. Continuing down the page 25 of your printed Calendar. Near the bottom of the page is Senate Bill 3689. Senator Sullivan. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3689. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

Thank you, Mr. Secretary {sic}. The legislation provides that the -- that funds that -- that funds that are appropriated to the Department of Veterans' Affairs from the Illinois veterans scratch-off game can also be used to make grants, funding additional services, or conducting additional research projects related -- related to veterans' unemployment -- or employment and also employment training. 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 Senate Bill 3689 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting No, none voting Present. And Senate Bill 3689, having received the required constitutional majority, is declared passed. With leave of the Body, we'll turn towards the very end of the Order of Senate Bills 3rd Reading, at the bottom of page 27 of your printed Calendar. Senate Bill 3823. Mr. 228 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 Secretary, please read the bill.

Anderson

Senate Bill 3823. (Secretary reads title of bill)

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

Thank you, Mr. President, Members of the Senate. The legislation adds specific civil contempt penalties that a judge may administer when a parent violates a court visitation order. Those new penalties include the suspension of an offending parent's driver's license, placement of an offending parent on probation, sentencing the offending parent to a periodic imprisonment -- imprisonment up to six months, and finding that a party is guilty of a petty offense or ordering the party to pay a fine of no more than five hundred dollars. This legislation came -- we -- we debated this, I don't know, earlier this year or last fall. I'm not really -- don't remember right now. But then there were some objections that were raised in the -- the original language, so I came back, redrafted the legislation, and -- and I've closely -- as closely mirrored it to the State's current legislation with regard to child support enforcement and took out some of the -- some of the specific language that some of the Members found objectionable. Be more than happy to answer any questions.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Bill 3823 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all 229 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 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 No, none voting Present. Senate Bill 3823, having received the required constitutional majority, is declared passed. Continuing on page 27, Senate Bill 3824. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3824. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

John M. Sullivan (D)

Thank you, Mr. President. What the legislation does is, it adds to the definition of a "public official" a social worker, a caseworker, or investigator employed by the Department of Healthcare and Family Services, the Department of Human Services, or the Department of Children and Family Services. This came as a request from a constituent that was put into a very uncomfortable situation. He actually went to the local State's Attorney to file charges. Found out that -- that the -- and the local State's Attorney thought that actually a public official included those individuals. What the legislation does is add that to the definition.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall Senate Bill 3824 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the 230 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 record. On that question, there are 49 voting Aye, 1 voting No, none voting Present. And Senate Bill 3824, having received the required constitutional majority, is declared passed. Mr. Secretary, House Bills 1st Reading.

Anderson

House Bill 411, offered by Senator Raoul. (Secretary reads title of bill) House Bill 3801, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 3816, offered by Senator Holmes. (Secretary reads title of bill) House Bill 3892, offered by Senator Schmidt. (Secretary reads title of bill) House Bill 3893, offered by Senator Crotty. (Secretary reads title of bill) House Bill 3895, offered by Senator Althoff. (Secretary reads title of bill) House Bill 4031, offered by Senator Raoul. (Secretary reads title of bill) House Bill 4453, offered by Senator Lightford. (Secretary reads title of bill) House Bill 4496, an Act -- offered by Senator Garrett. (Secretary reads title of bill) House Bill 4514, offered by Senator Althoff. (Secretary reads title of bill) House Bill 4566, offered by Senator Holmes. (Secretary reads title of bill) House Bill 4602, offered by Senator Maloney. (Secretary reads title of bill) 231 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 House Bill 4937, offered by Senator Dillard. (Secretary reads title of bill) House Bill 4986, offered by Senator Garrett. (Secretary reads title of bill) House Bill 4996, offered by Senator Steans. (Secretary reads title of bill) House Bill 5104, offered by Senator Link. (Secretary reads title of bill) House Bill 5180, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 5189, offered by Senator Dillard. (Secretary reads title of bill) House Bill 5190, offered by Senator Harmon. (Secretary reads title of bill) House Bill 5201, offered by Senator Delgado. (Secretary reads title of bill) House Bill 5234, offered by Senator Althoff. (Secretary reads title of bill) House Bill 5266, offered by Senator Millner. (Secretary reads title of bill) House Bill 5289, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 5290, offered by Senator Luechtefeld. (Secretary reads title of bill) House Bill 5451, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 4882 {sic} (5482), offered by Senator Hutchinson. (Secretary reads title of bill) 232 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 House Bill 5635, offered by Senator Muñoz. (Secretary reads title of bill) House Bill 5656, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 5679, offered by Senator Steans. (Secretary reads title of bill) House Bill 5877, offered by -- President Cullerton. (Secretary reads title of bill) House Bill 5922, offered by Senator Kotowski. (Secretary reads title of bill) 1st Reading of these House bills.

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 31 of your printed Calendar to the Order of Secretary's Desk, Resolutions. At the bottom of that Order is Senate Joint Resolution 61, sponsored by Senator Meeks. Senator Lightford, you are a co-sponsor and have been authorized by the chief sponsor to present the resolution. Are you ready to proceed? Mr. Secretary, please read the resolution.

Anderson

Senate Joint Resolution 61, offered by Senator Meeks. The Committee on Education adopted Amendment No. 1.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Amendment No. 1 to SJR 61 is the waiver request legislation. We approved all waivers that were contained in our spring 2012 report filed by the State Board of Education. And 233 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 I'd be happy to answer questions.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? I see no one seeking recognition. This resolution, I've been informed, does require a roll call vote. So the question is, shall Senate Joint Resolution 61 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting No, none voting Present. And Senate Joint Resolution 61, having received the required constitutional majority, is declared adopted. With leave of the Body, we're going to turn back to the Order of Senate Bills 3rd Reading. Near the -- top of page 21 on your printed Calendar, Senate Bill 3146. President Cullerton. Senator Cullerton seeks leave of the Body to return Senate Bill 3146 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading, Senate Bill 3146. Mr. Secretary, have there been any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 2, offered by President Cullerton.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) President Cullerton, on your amendment.

John J. Cullerton (D)

Yes, thank you, Mr. President. I'd like to adopt this amendment and then -- it becomes the bill and debate the bill on 3rd Reading.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Mr. President. President Cullerton moves for 234 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 the adoption of Floor Amendment No. 2 to Senate Bill 3146. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any further Floor amendments approved for consideration?

Anderson

No further amendments reported.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3146. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3146. (Secretary reads title of bill) 3rd Reading of the bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) President Cullerton.

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. This bill was a -- initially a recommendation of the Illinois Public Health Association. We involved ourselves in compromising -- compromises with the -- that association and the Illinois State Medical Society and the -- and the Governor's Office, and so we have what I would believe to be an agreed amendment, which would require the Director of the Department of Public Health to either be a physician licensed to practice medicine in all its branches or an individual who has administrative experience in public health work. It would declare that if the Director is not a physician licensed to practice medicine, then a Medical Director must -- must be appointed who is a physician licensed to practice, and that Medical Director would report directly to 235 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 the Director and be responsible for certain regulatory and policy areas. This is really a response -- it's, by the way, supported by the Public Health Association, the Lung Association, and a number of other organizations interested in making sure that we have a very well-qualified Director of Public Health. We've had some problems in the past in obtaining directors who are medical doctors. It doesn't preclude the Governor from appointing a medical doctor, just gives us that flexibility if, for some reason, we're not able to find a qualified person willing to take the job. Be happy to answer any questions and ask for an Aye vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Cullerton. Are there any -- any discussion? Senator Pankau, for what purpose do you seek recognition?

Carole Pankau (R)

Thank you, Mr. President. Will the sponsor yield for a question?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Pankau.

Carole Pankau (R)

Does this raise or lower the standards for…(microphone cutoff)…Department?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) President Cullerton.

John J. Cullerton (D)

Well, it's an either/or. Right now, the law says it has to be a doctor to be the Director of Public Health. We're giving us the option of allowing the Governor to appoint someone who's 236 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 other than a doctor, who, of course, is still subject to Senate confirmation. And so the -- I wouldn't say it lowers the standards. We'd -- we'd certainly have to have someone who is well qualified to be the Director of Public Health, and then you'd also have, if it wasn't a physician, a Medical Director, who would report to the Director and would be working with the Director.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Pankau.

Carole Pankau (R)

Okay, doctor, as in M.D. - medical doctor. Has there been a problem finding a medical doctor? Is that -- is that why we're making it an either/or?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) President Cullerton.

John J. Cullerton (D)

That's -- that's correct. The reason why I introduced the bill is because there's been a problem getting medical doctors willing to come and -- for the salaries that we allow here, to be the Director of the Department of Mental Health -- of -- of - - of Public Health.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Pankau. Is there any further discussion? Seeing none, the question is, shall Senate Bill 3146 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, none voting No, none voting Present. Senate Bill 3146, having received the required constitutional majority, is 237 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 3/29/2012 declared passed. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 9 a.m. on the 30th day of March, 2012. The Senate stands adjourned. 238