Illinois General Assembly Floor TranscriptsBrowseSenate97th GA

Illinois Senate Floor Debate — May 10, 2012

97th General Assembly (2011-2012) · Legislative day 113 · Regular Session
Chamber
Senate
General Assembly
97th (2011-2012)
Date
May 10, 2012
Legislative day
113
Session
Regular Session
Speaker turns
506
Original
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John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) The regular Session of the 97th General Assembly will please come to order. Will all Senators please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Shaun Lewis, Capitol Commission, 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 Jacobs, to lead us in the Pledge.

Mike Jacobs (D)

(Pledge of Allegiance, led by Senator Jacobs)

John M. Sullivan (D)

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

Anderson

Senate Journal of Wednesday, May 9th, 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 113th Legislative Day 5/10/2012 Senate Resolution 750, offered by Senator LaHood and all Members. Senate Resolution 751, offered by Senator Radogno and all Members. They are both death resolutions, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar.

Anderson

Senate Resolution 752, offered by Senator Kotowski. And Senate Joint Resolution 75, offered by Senator Sandoval. They are both substantive.

John M. Sullivan (D)

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

Anderson

Senator Muñoz, Chairperson of the Committee on Executive Appointments, reports the following: Appointment Messages 110, 257, 282, 360, 362, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 397, 398, 399, 400, 401, 402, 403, 404, 412, 415, 419, 422, 423, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438 and 440 recommended Do Advise and Consent.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Appointment Messages.

Anderson

Appointment Message 447 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Jesse White, Secretary of State, am nominating and, by and with the advice and consent of the Senate, appointing the 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Member of the Secretary of State Merit Commission: James Taylor Annual Compensation: $12,906 Appointment Message 448 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Jesse White, Secretary of State, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be Commissioner of the Executive Ethics Commission: Maria B. Kuzas Annual Compensation: $37,571 Appointment Message 449 To the Honorable Members of the Senate, Ninety-Seventh General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Member of the Illinois Liquor Control Commission: Cynthia Cronin Cahill Annual Compensation: $34,053

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Millner, for what purpose do you rise? 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

John J. Millner (R)

Thank you, Mr. President. I just wanted to inform the Chamber that one of our dear friends, former State Representative Roger Marquardt, passed away yesterday at 4:19 p.m. And those who knew Roger, he was just larger than life. When he worked downstate, he was the Director of Aviation, Assistant Secretary of Transportation. He has been down here. He ran Pate Philip's, I think, first campaign. He's just a -- just a great guy, good man. Many of you know him. He's just been here. He walks through the hallways. The secretaries know him. Everybody seems to love him and just a -- just a great guy. And -- and he's done a lot for his community and his family, and it's just sad to see him go. And he was my roommate down here. So, anyway, his services, I think, will be next Friday in Lombard. We don't know for sure yet. But I wanted to share that with you and ask for a moment of silence for Roger Marquardt. (Moment of silence observed)

John M. Sullivan (D)

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

Mattie Hunter (D)

Point of personal privilege, Mr. President.

John M. Sullivan (D)

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

Mattie Hunter (D)

This morning, Dr. LaMar Hasbrouck appeared before the Executive Appointments Committee. He is the newly appointed Director of the Illinois Department of Public Health. And I asked Dr. Hasbrouck if he would like to come on the Floor so 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 that I can introduce him to all of our colleagues who were not on that committee and for those who have not had the pleasure of meeting him. And so we would just simply like to welcome Dr. Hasbrouck to the Senate.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate, Doctor. Great to have you here today. Congratulations. Ladies and Gentlemen, the Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Would all members on the Committee of {sic} Assignments please come to the President's Anteroom immediately? All members of the Committee on Assignments to the Anteroom immediately. The Senate will stand at ease. (at ease) Senate will come to order. Mr. Secretary, Committee Reports.

Anderson

Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Criminal Law Committee - House Bill 5264; refer to Education Committee - Floor Amendment 1 to House Bill 5826; refer to Executive Committee - House Bill 1554, House Bill 1882, House Bill 5761, and Motion to Concur with House Amendment 8 and 9 to Senate Bill 1313; refer to Executive Appointments Committee - Appointment Messages 447 through 449; refer to Local Government Committee - House Bill 1390; refer to Pensions and Investments Committee - Committee Amendment 2 to House Bill 3865; refer to Public Health Committee - House Bill 5880; refer to Revenue Committee - Senate Bill 3595; and refer to Transportation Committee - Floor Amendment 1 to House Bill 4692 and House Bill 5073; Be Approved for Consideration - Senate 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Bill 1132. Signed, Senator James F. Clayborne, Chairman.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, for a point of an announcement, we are about to go to the Order of Senate Bills 3rd Reading. Will 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 very soon. Senator Sandoval, for what purpose do you rise?

Martin A. Sandoval (D)

A point of personal privilege, Mr. President.

John M. Sullivan (D)

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

Martin A. Sandoval (D)

Like to take -- Ladies and Gentlemen of the Senate, I'd like to take this moment just to recognize an organization that provides -- it's an institution that provides mental health and wellness and youth motivation and leadership to our community on the southwest side of Chicago. With us today in Springfield is the Pilsen Wellness Center, represented by the Executive Director, Francisco Cisneros, and his team and his administration, as well as my son, Marty Sandoval, who is a senior, graduating from Northeastern Illinois. He's a psych major and he'll be graduating just in a couple months. I'd like to give them a warm welcome.

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. Senator McCarter, for what purpose do you rise? 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 SENATOR McCARTER: Point of personal privilege.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point. Senator McCarter. SENATOR McCARTER: I've got today, with me, a -- a young man, a Page. His name is Jarrid Braunagel. Jarrid's from O'Fallon, in my home area. And he's -- he's just under a hundred pounds, but he's -- he's a pretty tough little kid. He -- he just won - a month ago - the State wrestling tournament in the ninety-five-pound class. And no one expected him to win. He -- in the semis, he -- he won ten to four against the number two seed, went to the finals and won six to four. And beat the same young -- young man that had won two years previous. And so this -- so he -- he -- he showed 'em that they didn't know who they were dealing with. But he's -- he's a -- he's a fine young man from my community. He -- he's going to be going to Althoff High School and -- and wrestling there. He's got three brothers. And he wants to attend the Olympics. And I'd say he's got a -- maybe he's got a better chance of just attending, but maybe to go to the Olympics, 'cause he's a -- he's a great athlete, and I'm proud to have him with me today. Welcome Jarrid Braunagel.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Jarrid, welcome to the Illinois State Senate and congratulations. Great to have you here. Ladies and Gentlemen, as I announced earlier, we are going to the Order of Senate Bills 3rd Reading. On page 2 of the printed Calendar, we'll start at the top of the Calendar with regard to Senate Bills 3rd Reading and work our way down. Before we do that, James Carder, 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 with Blueroomstream.com, requests permission to videotape. Seeing no objection, leave is granted. Ladies and Gentlemen, first up on the Calendar is Senate Bill 171. President Cullerton. Out of the record. Senate Bill 181. President Cullerton. Out of the record. Senate Bill 182. President Cullerton. Out of the record. Senate Bill 183. President Cullerton. Out of the record. Senate Bill 184. President Cullerton. Out of the record. Senate Bill 282. Out of the record. Turn to the top of page 3 of your printed Calendar. We have Senate Bill 350. Leader Clayborne. Senator Clayborne. Out of the record. Senate Bill 402. Leader Harmon. Mr. Secretary, please read the bill. Mr. Secretary, President Harmon seeks leave of the Body to return House -- or, excuse me, Senate Bill 402 to the Order of 2nd Reading. Seeing no objection, leave is granted. Mr. Secretary, now on the Order of 2nd, are there any -- Mr. Secretary, are there any committee or 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, Ladies and Gentlemen of the Senate. The amendment becomes the bill. I move for its adoption.

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 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 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 402. Mr. Secretary, read the bill.

Anderson

Senate Bill 402. (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. As you may remember, the State has a senior citizen real estate tax deferral program that allows qualified senior citizens to defer their -- their property tax payments and pay them with the proceeds of the sale of the home once they sell it. Senator Mulroe was good enough to extend the life of that program last year, and in doing so, for the first time, put a cap on the amount that can be deferred in any year at five thousand dollars. The cap was intended to make sure that there was enough cash flow available through the Department of Revenue, but it had the unintended consequence of hitting seniors who have higher tax bills, particularly in some of the inner-ring suburbs of Chicago where the property values continue to remain high and the property taxes are high. This would raise the cap to fifteen thousand dollars in future years. I'd ask for your support. 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

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 402 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 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 402, having received the required constitutional majority, is declared passed. Next up on the Calendar, we have Senate Bill 547. Mr. Secretary, please read the bill.

Anderson

Senate Bill 547. (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 547 is -- is an initiative of Cook County. It provides for some greater flexibility and clarity in the way that existing fees are collected and spent. In particular, it - - it confirms that the -- the fee for certain paper transactions in the property transactions area apply to automated access as well. It expands the use of the proceeds from the -- the old Tuberculosis Sanitarium District to cover other communicable diseases within suburban Cook County. And it extends the use of the animal control fees to the enforcement, as well as the more vague term now of carrying out the animal control provisions. 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 I'd ask for your Aye votes.

John M. Sullivan (D)

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

Matt Murphy (R)

Question of the sponsor, Mr. President.

John M. Sullivan (D)

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

Matt Murphy (R)

Senator, in Floor Amendment No. 1, our analysis indicates that this would allow counties to add a three-dollar fee onto a filing. Is that correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. I'm not sure. I -- I think the answer is yes, but I -- I want to make sure that we understand what we're talking about. This is a change to accommodate emerging technologies. Paper transactions to which the fee currently applies would remain subject to the fee. There are now automated ways of accessing the same information. We're just making sure that the -- the fee applies to accessing the same information regardless of the delivery mechanism.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.

Matt Murphy (R)

And the -- does the bill allow for a county to take fees collected for animal registration and essentially spend those fees elsewhere, or what, I guess, we would have characterized 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 down here in recent years as sweep the animal registration fund for something else?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. My understanding is, it's -- it's -- it -- it would still be related to animal control. The current language, as I understand it, is the fees can be used for carrying out the animal control provisions, but there's some debate as to how that applies to the enforcement of the Animal Control Act, as well as some other related public health and public nuisance issues regarding animal control.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 547 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 32 voting Aye, 17 voting Nay, 0 voting Present. Senate Bill 547, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 553. Senator Frerichs. Out of the record. Senate Bill 555. Senator Garrett. Mr. Secretary, Senator -- Senator Garrett seeks -- Senator Garrett seeks leave of the Body to return Senate Bill 555 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 555. Mr. Secretary, are there any Floor or committee amendments approved for consideration? 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Anderson

Floor Amendment No. 2, offered by Senator Garrett.

John M. Sullivan (D)

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

Susan Garrett (D)

Yes, thank you. Amendment 2 becomes the bill and I'll be happy to talk about that on 3rd Reading.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the amendment? Seeing none, those in favor will say Aye. Opposed, Nay. The Ayes have it, 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 555. Mr. Secretary, please read the bill.

Anderson

Senate Bill 555. (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. The intent of this legislation is to improve public safety by clearly giving local units of government the option of using emergency telephone system funds for implementing a hosted supplemental 9- 1-1 service system, which will help get critical information to 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 first responders in emergency situations. I'd be happy to answer any questions.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 555 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 52 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 555, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 636. Leader Lightford. Senator -- Mr. Secretary, Senator Lightford seeks leave of the Body to return Senate Bill 636 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 636. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered by Senator Lightford.

John M. Sullivan (D)

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

Kimberly A. Lightford (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Amendment 1 was shelved and Senate Amendment No. 2 becomes the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Mr. President. I move to table Senate Amendment 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 No. 1 and would love to entertain Senate Amendment No. 2, please.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford moves to table Amendment 1. Mr. Secretary, are there any other Floor amendments approved for consideration? Senator Lightford seeks leave to table Amendment 1. Is there -- those in favor, say Aye. Opposed, Nay. The Ayes have it, and leave is granted. Now, Mr. Secretary, are there any further Floor amendments approved for consideration?

Anderson

Floor Amendment No. 2, offered by Senator Lightford.

John M. Sullivan (D)

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

Kimberly A. Lightford (D)

Thank you, Mr. President. Senate Amendment No. 2 deletes all and becomes the bill. The amendment amends the School Code to require school districts to provide twenty minutes of recess daily for all students in kindergarten through grades fifth {sic} and allows school districts to offer recess to school students in grades six through eighth. Recess must include unstructed {sic} (unstructured) play and may include organized games. If the principal determines that the weather is inclement, then the principal shall direct that recess be held indoors. Schools may not withhold recess for any disciplinary action. I'd be happy to debate the bill on 3rd, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 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 636. Mr. Secretary, please read the bill.

Anderson

Senate Bill 636. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, again, Mr. President. Ladies and Gentlemen of the Senate, Senate Bill 636, as amended, is the final recommendations of the Illinois Recess in Schools Task Force. We convened for a length of time. Our task force was comprised of fifteen members: one being from the medical profession with expertise in children's health issues; one being of education labor, parent-teacher organizations, principals, advocates for juvenile justice, advocates for healthy school environments. All convened, and what our goal was, was to, one, define recess; two, to identify the benefits of recess and also identify the barriers to recess; and then make those recommendations. We looked at space, meaning the facility. We looked at safety and security, supervision, and time. We came up with legislation that apparently needed to have some changes. I amended those changes. Suggestions from ED-RED, LUDA, LEND, SCOPE, and the 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Chicago Public Schools. And I'd be happy to answer questions.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Like to speak to the bill, please.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator McCarter. SENATOR McCARTER: We -- we had a discussion about this in the Education Committee. And, you know, I'm -- now I'm a big fan of recess, always have -- have been, maybe a little too much in school. But, you know, the -- the way that we are treating our schools today and how we pay the bills, this is just one more mandate that we're putting on them to tell them how to take care of our kids. Now, I trust my local districts to decide when the kids can have recess, when they can't, when it's -- you know, when it's a good time, when it's not a good time. I also trust them that -- to discipline kids and say, you can't go out to recess if you're misbehaving, because I know kids look forward to that. But I just think that this is just one more mandate that we can't put on our schools, despite the fact that we know we do have -- we have an obesity problem. And even as teachers, you want those kids to be able to get -- get some of that energy out so they can go back into the classroom and learn. I know it's important. But I trust our local school districts to make this decision without us coming forward with a law telling them and mandating that they have recess. They know what's best. Let's let them do their job and work on our fiscal issues so we can 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 pay 'em on time and -- and -- and, really, come through with our commitment to them to help educate our kids. I urge a No vote.

John M. Sullivan (D)

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

Matt Murphy (R)

Question of the sponsor, please.

John M. Sullivan (D)

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

Matt Murphy (R)

Senator, this bill will prohibit, statewide, school officials withholding recess as a disciplinary measure. Is that correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Yes. That's the recommendation from the experts in health care and medical -- let me find their correct title so I can be -- medical professions with expertise in children's health issues. They feel that a form of punishment, taking recess from a child, does not help them with their obesity issues, with health care concerns. Allowing a child an opportunity to get away from academics, relax their minds, be kids, have a good time, so that they can come back in a relaxed environment and further learn. Our goal is to not -- to hope that recess is not held as a punishment. If a child is being disobedient in class, perhaps they can stay after school, before school. Their parents can be notified and there could be some other behavior measures put in place, opposed to restrictions from recess. 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.

Matt Murphy (R)

The -- and I -- you know, and I share the goal with regard to obesity and exercise, and I think twenty minutes should be a goal. But, Senator, the hallmark -- of Senate Bill 7's education reform last year was that we were giving those who run our schools more latitude to make decisions about how they run their individual school. Don't these mandates run counter to that? Do they -- do -- are they important enough to warrant an exception to that?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Kimberly A. Lightford (D)

Senator, I believe recess is not a mandate on schools. I believe all kids should have recess. There isn't a price tag. There isn't a fiscal concern that comes with children having the opportunity to have recess. So I think that we're using this unfunded mandate concept as an excuse to assist children in an opportunity to have recess. The original bill did indicate that they should have recess before lunch. We removed that so that the schools can have more flexibility when they wanted to have recess. And so I don't see the -- the opposition to be valid in that it's an unfunded mandate because it's a fiscal concern. It has absolutely zero to do with education reform that we did in Senate Bill 7. The recess task force had already began to convene, acknowledging that many schools did not have adequate time in the school day for recess in the Chicago Public Schools or either they didn't have a location. So we addressed facility 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 needs. We acknowledged the length of increase in school day, that they have more time, and we tied all that into how can we constructively allow recess to take place statewide. There is only one opponent, the School Management Alliance. Everyone else worked together on this bill - ED-RED, LUDA, LEND, SCOPE, the Chicago Public Schools, Chicago Teachers Union - are even working together - the IEA and the IFT. All the education advocates are in support of this legislation.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.

Matt Murphy (R)

I appreciate that answer and I appreciate the work you put in on it. I didn't actually use the phrase "unfunded mandate". My point is in the area of how this really runs counter to the spirit of Senate Bill 7. The spirit of Senate Bill 7 was to empower principals running schools to make decisions. And what we're doing with this bill is taking away some of their ability to make local decisions. Now, obviously, since you're running the bill, you feel that this is sufficiently important to warrant it. But I do think it's worth noting that this is going against the grain of Senate Bill 7 by taking away the authority from principals that was the hallmark of Senate Bill 7. And, you know, one of the -- the areas is, the principal - and if Coach were here, he would have probably made this point much better than I - the principal needs to be in charge of the school. The principal needs to have all reasonable tools to control the children in the school. I know when I was a kid, maybe second to lunch, recess was my favorite part of the day. If you wanted to get my attention when I was a kid, you told me 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 I was going to sit and read a book during recess instead of going out and playing football with my friends. We are taking that away from a principal who knows those kids better and we're doing it from Springfield with a broad brush and a heavy hand. And I urge a No vote.

John M. Sullivan (D)

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

Mike Jacobs (D)

To the bill, Mr. President.

John M. Sullivan (D)

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

Mike Jacobs (D)

You know, the fact is, is everybody needs recess. We all need a break. The research is clear. If you look at the -- the documents on this, kids need to have outside time. Our kids don't go outside enough. Everyone benefits from a break. We take breaks from time to time in the Capitol. It helps kids who are fidgety sit a little longer and think a little longer. Children also need unstructured -- unstructured play. We don't need to tell a child they have to do everything we tell them to do. Sometimes we need to let them be kids. It seems to me that -- children are also social creatures and we need to let them be social creatures. And it just seems to me that if we don't let children play, you're going to increase health risk in Illinois. We'll have kids that are heavier, and we want kids to lose weight. It's a good way for them to go out and play and do something. But most important, physical activity feeds the brain. So, I salute you, Senator, for making sure the kids need 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 -- need exercise and get it. And I know that we don't want to mandate to the local schools what they need to do. But I do find it interesting that my friends across the aisle sometimes want to listen to the teachers on whether they should have recess or not, but don't want to listen to the teachers on whether they should have health care or not.

John M. Sullivan (D)

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

Kimberly A. Lightford (D)

Thank you, Mr. President. Ladies and Gentlemen of the Senate, I'd just like to add that the Principals Association was a part of this task force, and so were teacher organizations. So this isn't something that we came up with on our own from the legislative perspective. There were a fifteen-member group who convened over a year and thoroughly vetted out the issue of recess from the stance of health care to the stance of behavior, to physical activity, you name it - time, location, space. We went in great length and depth on what we can do to try to help our children from a -- a spectrum of things. So this isn't a legislative-driven issue. This is driven by the education advocates. And I'd ask for an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 636 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 32 voting Aye, 20 voting Nay, 0 voting Present. Senate Bill 636, having received the required constitutional majority, is 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 declared passed. Next up on the Calendar is Senate Bill 952. Leader Muñoz. Senator Muñoz. Out of the record. Senate Bill 1135. Senator Noland, on 1135. Out of the record. Ladies and Gentlemen, with leave of the Body, we will turn to page 6 of the printed Calendar, to Senate Bill 2534. Senator Mulroe. Out of the record. Senate Bill 2548. Senator Silverstein. Out of the record. Senate Bill 2621. Senator Raoul. Senator Raoul. Out of the record. Senate Bill 2651. Senator Hutchinson. Out of the record. Senate Bill 2652. Senator Hutchinson. Out of the record. Senate Bill 2653. Senator Sandoval. Mr. Secretary, Senator Sandoval seeks leave of the Body to return Senate Bill 2653 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2653. Are there any Floor amendments approved for consideration?

Anderson

Floor Amendment 1, offered by Senator Sandoval.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval, to explain Amendment 1.

Martin A. Sandoval (D)

Mr. President, I'd like to explain the amendment after adoption.

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

Floor Amendment No. 2, offered by Senator Sandoval.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Senator Sandoval, to explain Floor Amendment 2.

Martin A. Sandoval (D)

Mr. President, if we'd kindly adopt the amendment and then 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. 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 2653. Mr. Secretary, read the bill.

Anderson

Senate Bill 2653. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Martin A. Sandoval (D)

Mr. President, Senate Bill 2653 prohibits drivers from operating a vehicle with an animal on his or her lap. And there is a fine of twenty-five dollars for first offense. And I ask a favorable vote.

John M. Sullivan (D)

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

Dale A. Righter (R)

24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 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 Sandoval, I want to -- I want to make sure I understood what you said. This bill would mandate by State law that if there is an animal in the vehicle, the animal has to be, for lack of a better phrase, seat belted. Is that correct?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Martin A. Sandoval (D)

Senator Righter, no, this bill only prohibits animals from being in a driver's lap. That is it.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

So, the animal can be anywhere else in the vehicle, as long as it's not in the driver's lap?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Martin A. Sandoval (D)

Yes. Absolutely. I love animal…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Mr. President, I'm going to give him a chance to say that. Why? Why are we doing…

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Sorry, Senator Righter. Were you -- Senator -- Senator 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Sandoval.

Martin A. Sandoval (D)

Senator Righter, I've been known, in my career, not to be a fighter, but a lover - a lover of animals, and I love dogs and cats. And animals like dogs and cats have -- like family to us, like family to me, and I am a believer that Fido or kitty cat deserves to be -- take a ride with me when I come to Springfield, and they continue -- will continue to be allowed to be part of my trip down I-55 in my Chrysler 300, sitting in the side or sitting in the back.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

You know, Mr. President, I'm not quite sure what to say. So if I could just speak to the bill, please.

John M. Sullivan (D)

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

Dale A. Righter (R)

Thank you. You know, Ladies and Gentlemen, sometimes we need a little recess, to follow up on Senator Lightford's bill. Sometimes we need a little bit of a break and a little bit of a laugh. This is kind of one of those bills where we kind of chuckle a little bit and then we say, okay, let's go ahead and vote for it. Please, please consider the fact that this is one of those bills that after we adjourn here and we go home and you get the call, or you get the calls, to your district office and they say, I read this in the paper, or I heard this on the news. Tell me this isn't true. Tell me, that while Rome is burning, while you have crisis after crisis after crisis in this State 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 and jobs fleeing the State, you guys really didn't spend this kind of time making sure that an animal wasn't in my lap when I was driving to the grocery store. Please tell me that you folks are paying closer attention to the real problems than this. Thank you, Mr. President.

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, Mr. President. We're having so much fun right now. Just a question. Were there proponent witnesses in the committee when this was heard?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Martin A. Sandoval (D)

Yes. One of the major proponents is the Animal Humane Society.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.

Chris Lauzen (R)

Okay. That was one. Could you list out the other people who were read in as proponents?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Martin A. Sandoval (D)

I remember this bill was part of a number of bills that passed through the committee and imagine there was testimony on the bill by a young woman whose dog was hurt in a car accident, was riding in her lap, and not only was she hurt or her husband 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 hurt, but the dog was injured seriously and had to get rehabilitated.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.

Chris Lauzen (R)

Okay. There was an article -- article published in some publication called Zerimax, where there's a lady who has a product that's a doggie seatbelt. Has she been a part of the -- bringing this forward? Is that part of what's happening here?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Martin A. Sandoval (D)

I've never met -- or heard of the Zerimax corporation.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.

Chris Lauzen (R)

No. I'm sorry. I -- I think that you know I'm not asking about Zerimax publication. It's the picture with, I believe the lady's name is, let's see, Melissa Ramirez. Can you describe -- there's a picture of you and our beloved Senate President in this picture. I mean, can you describe what it is -- the product is, and is that part of what the push is, the impetus, behind this bill?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Martin A. Sandoval (D)

I'd like to discuss -- I've not seen that picture, but you mention Ms. Melissa Ramirez. She's a fine young constituent from southern Illinois, who grew up in Carbondale, and she is a 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 executive -- former executive for Alberto Culver, and she's a big fan of, you know, protecting animals and drivers. And she has come to me, concerning what happened to her and her family in regards to her dog being injured while, you know, the pet was in her lap. This bill has nothing to do with any product. Has nothing to do with leashing an animal. All it has to do with -- with, prohibiting an animal from being in the driver's lap. This is a matter of serious public policy. It is important to not only the drivers in the vehicle, to their public safety, so that they are not distracted from driving, it is -- it is even more serious and egregious to have an animal in your lap than, I believe, having a cell phone or, you know, any other thing, or a dingle ball sitting in the rearview mirror. This is very serious.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lauzen.

Chris Lauzen (R)

One -- one last question, Senator. Isn't it true that the most dangerous thing that can happen as you're driving a car with a pet is the distraction of the pet coming over into your lap, as opposed to if a person has a small pet and -- isn't -- isn't it the distraction of an animal on the loose in your car coming over and interrupting your train of thought as you are driving? Would you just comment on that?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Martin A. Sandoval (D)

I believe that any living being - many pet lovers believe that, you know, animals are beings, 'cause they've become in our 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 society part of our families - but I think any living creature being that is in a driver's lap while driving is a serious distraction.

John M. Sullivan (D)

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

Mike Jacobs (D)

Question of the sponsor.

John M. Sullivan (D)

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

Mike Jacobs (D)

Senator, I was wondering, is this bill at all prompted by the fact that a Republican presidential candidate strapped his dog to the roof of his car? Or do you think this is a matter, maybe, that defies common sense, where sometimes, you know, we have to tell people they can't put an animal in their lap while they're driving? Which -- which one do you think it is? But it's okay to put 'em on top of the car? I'm not quite sure -- where should we -- where should we put the dog?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Martin A. Sandoval (D)

Well, it -- Senator Jacobs, I'm glad you got up, because you are the most commonsense-approach Senator we have in this Chamber. And -- and, you know, in my neighborhood -- and I have a serious problem with this. I have not presented a bill on this, but I am very sensitive to even my friends downstate - it happens in my neighborhood - where my friends have put -- allow their dogs to be in the back of their pickup truck. Now, I 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 think that's dangerous. I would never -- and I've not yet introduced any legislation that would prohibit having our doggies not drive in the back of our pickup truck unprotected. This is a commonsense solution to a very -- for something that could be very serious in nature, both to our loved ones and to these animals.

John M. Sullivan (D)

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

Martin A. Sandoval (D)

For the love of our loved ones and the love of our pets, Scooby Doo, I ask a favorable vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall Senate Bill 2653 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 21 voting Aye, 27 voting Nay, 2 voting Present. Senate Bill 2653, having not received the required constitutional majority, is declared failed. Senator Sandoval, for what purpose do you rise?

Martin A. Sandoval (D)

Mr. President, I -- do I have enough votes for Postponed Consideration? Thank you, Mr. President. I retract the request from the reading from the Chair -- determination from the Chair.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, next up on the Calendar is Senate Bill 2706. Senator Haine. Mr. Secretary, please read the bill. Senator Haine seeks leave of the Body to return 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Senate Bill 2706 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2706. 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 is the result of the commission formed to study the regional offices of education and this is the -- this implements the recommendation that the number of districts be reduced from forty-five to thirty-five, effective July 1, 2015.

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, 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 2706. Mr. Secretary, please read the bill.

Anderson

Senate Bill 2706. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Senator Haine.

William R. Haine (D)

That is the bill.

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 2706 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 2706, having received the required constitutional majority, is declared passed. Senate Bill 2781. Leader Trotter. Senator Trotter, on 2781. Out of the record. At the bottom of page 6, we have Senate Bill 2900. Senator Link, on 2900. Out of the record. Ladies and Gentlemen, turn to the top of page 7 of your printed Calendar. We have Senate Bill 2979. Senator Bivins. Mr. Secretary, Senator Bivins seeks leave of the Body to return Senate Bill 2979 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2979. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 1, offered by Senator Bivins.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins, on -- to explain Amendment 1.

Tim Bivins (R)

Thank you, Mr. President. This allows a manufacturer or authorized vendor of authorized emergency vehicle equipment, 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 markings, or other indications to mount the equipment markings or other indications of emergency vehicles for demonstration purposes only, and also allows them to cover the squad car lights and markings or put signage in {sic} the car to indicate that it is not an emergency vehicle.

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. Mr. Secretary, are there any further Floor amendments approved for consideration?

Anderson

No further -- no further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2979. Mr. Secretary, please read the bill.

Anderson

Senate Bill 2979. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.

Tim Bivins (R)

I just ask for an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, is there any discussion on the bill? Is there any discussion? Seeing none, the question is, shall Senate Bill 2979 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. 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2979, having received the required constitutional majority, is declared passed. Senator Delgado, for what purpose do you rise?

William Delgado (D)

Thank you, Mr. President, Members of the Senate. On personal privilege.

John M. Sullivan (D)

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

William Delgado (D)

Ladies and Gentlemen of the Senate, I'd like to welcome and introduce you to quite a few of my young -- young seniors who are here visiting from my district, as I have many senior buildings or young and very vivacious, from Linden House, Las Moradas, and Armitage Commons. And if you'll notice, they're sitting right above the Republican side of the aisle there. You can all stand up and wave. And let's give 'em a great round of applause. They're here, of course, supporting -- to make sure we have no reduction on -- on -- on our services for seniors and long-term care. Thank you, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. And, Ladies and Gentlemen, welcome to the Senate. Great to have you here today. Thank you for coming. Good to see you. Ladies and Gentlemen, Senate Bill 3110 is next on the Calendar. Leader Radogno. Out of the record. Senate Bill 3111. Out of the record. Senate Bill 3112. Out of the record. Senate Bill 3113. Out of the record. Senate Bill 3114. Out of the record. Senator Cultra, for what purpose do you rise? 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Shane Cultra (R)

Point of personal privilege.

John M. Sullivan (D)

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

Shane Cultra (R)

Here, on the Republican side in the gallery, are a group of women from Morton, Illinois, the Republican Women. I would -- would you please rise? And we'd give 'em a warm Springfield welcome.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Nice to have you here today. Ladies and Gentlemen, Senate Bill -- excuse me, 3253 is next on the Calendar. Senator Frerichs. Out of the record. Senate Bill 3259. Leader Lightford. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3259. (Secretary reads title of bill) 3rd Reading of the bill.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford, on Senate Bill 3259.

Kimberly A. Lightford (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. If you all may recall, the Governor announced in his budget address that he had an -- a desire to increase the compulsory age attendance from seventeen to eighteen. This bill came to me, and after a long thought-out process, I thought that perhaps we needed to change our focus a little more on our high school dropout rate and began to look at measures to decrease 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 that number and assist our schools before we increase the compulsory age. A number of individuals worked with me on this, especially the Governor's Office and his staff. We came up with an idea to create the Commission for High School Graduation Achievement and Success. The Commission is required to examine and evaluate the graduation rates, mandatory attendance age, and current programs aimed at reducing the dropout rate. Members are appointed by the Governor and the Leaders of the General Assembly. The Commission must submit its final report to the General Assembly on or before November 1 of this year, 2012. Again, this is an initiative of the Governor's Office and it does not increase the compulsory attendance age at this time from seventeen to eighteen. I'd be happy to answer questions.

John M. Sullivan (D)

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

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator McCarter. SENATOR McCARTER: Ladies and Gentlemen, we had a long discussion about this in Education and it -- it is, I suppose, good news that we're going to a task force versus actually implementing the -- the statute that would take us to mandatory eighteen. But, you know, when we went -- when we -- when we put in place the law going from sixteen to seventeen, we -- we put in alternative programs as part of that solution. Now I'm -- I'm glad, as well, that we're being -- we're looking at those alternative 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 programs. The reality is, they're expensive. The reality is, it's going to be hard to keep these kids in school. And there are studies out already that show that it's going to be very difficult to keep these kids in school. I'm not sure we need another task force to go and relook at all this information again. Again, let's focus on the kids that come to school, want to be in school, and help them succeed. I urge a No vote.

John M. Sullivan (D)

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

Kimberly A. Lightford (D)

Ladies and Gentlemen of the Senate, I believe it's really important that we establish this Commission so that we can begin to look into some of those current State programs that we have put in place, but not necessarily serving the dropout population as it should. I believe we should take a strong look at our Illinois Pathway {sic} (Pathways) Initiative, our Illinois Shared Learning Environment and Infrastructure Program, the STEM Learning Exchange; implement more college and career readiness programs; take a look at our college and university Bridge Program; and enact more dual credit opportunities. So I find this to be a necessary measure before moving straight to the increase of the compulsory age, and I'd ask for an Aye vote.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 3259 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 31 voting Aye, 18 voting Nay, 0 voting Present. Senate Bill 3259, 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 3348. Senator Hutchinson. Senator Hutchinson. Out of the record. Senate Bill 3394. Senator Martinez, on 3394. Out of the record. Senate Bill 3478. Leader Clayborne. Senator Clayborne. Out of the record. Senate Bill 3627. Senator Althoff. Mr. Secretary, please read the bill.

Anderson

Senate Bill 3627. (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. Senate Bill 3627 is created to permit the negotiation of alternative work schedules that would otherwise be prohibited by the federal minimum wage law. These schedules are often used in law enforcement and allow employers more flexibility in scheduling, thereby reducing overtime costs. As it is currently the case, an employer could not insist that a union negotiate over the waiver of this provision of the minimum wage law, but this bill would permit a union to agree to negotiate over such a provision. Be happy to answer any questions.

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 3627 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 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 3627, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, turn to -- to the top of page 8 of your printed Calendar, is Senate Bill 3695. Senator Frerichs. Mr. Secretary, Senator Frerichs seeks leave of the Body to return Senate Bill 3695 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3695. Mr. Secretary, are there any Floor amendments approved for consideration?

Anderson

Floor Amendment No. 3, offered by Senator Frerichs.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs, to explain Amendment 3.

Michael W. Frerichs (D)

Amendment 3 becomes the bill. I'll be happy to talk about it when it comes before the full board -- or before the Senate.

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 3695. Mr. Secretary, read the bill.

Anderson

40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Senate Bill 3695. (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 3695, as amended, amends the Prevailing Wage Act by requiring contractors who do not participate in jointly administered labor-management fringe benefit funds to file benefit contribution information with their certified payroll, and calls for the Illinois Department of Labor to develop an electronic database that'll be capable of accepting and retaining certified payrolls. This database is subject to appropriation. The bill also changes the date certified payrolls must be filed from the tenth of each month to the fifteenth to give more time to be compliant.

John M. Sullivan (D)

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

Shane Cultra (R)

To the bill.

John M. Sullivan (D)

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

Shane Cultra (R)

This was thoroughly discussed in the Labor Committee and most business groups, even though the amendment certainly made it better, are still opposed. It singles out nonunion contractors and makes them do a lot more paperwork concerning fringe benefits. And I would urge a No vote. 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

John M. Sullivan (D)

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

Dale A. Righter (R)

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

John M. Sullivan (D)

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

Dale A. Righter (R)

Senator Frerichs, I have a couple, three questions, and I'm -- I'm asking these in the context of job creation. I think sometimes that when we're in this building and we're surrounded by lobbyists and people who want government to do more things, sometimes we lose the perspective that every time we ask a private sector employer to do something, that's time away from being more productive and -- and -- and making money and creating jobs. The bill, as I understand, requires the reporting contractor to annualize the fringe benefits. Why? If the -- I mean, what the Department is looking for is an hourly prevailing wage. Why would they -- why would the Department need that number annualized?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

This is something in terms of when there are disputes, that an arbitrator or mediator goes -- goes in and investigates and needs information, and we think this is a way to make sure information is there. It'll actually make us more efficient in the future.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Senator Righter.

Dale A. Righter (R)

But, Senator, they're not going to make their decision based on annualized fringe benefits. I mean, fringe benefits are part of the compilation of the hourly wage. But, who cares? I mean, if the person worked three months or six months or nine months, why do those have to be annualized? The -- the arbitrator is not going to take that into account at all. So why are we requiring the contractor to compute all of that? And, remember, most of the contractors have these hourly employees who -- and it's not like they're working twelve months on the same job. They maybe be -- hopping from this job to that job, a prevailing wage job to not a prevailing wage job. Why does a contractor have to track all that and send it to the Department when the Department won't use the information?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

Well, the Department uses the information when they're coming together. I'm not sure where you're getting the annualized information. If you can show me where in the bill it is.

John M. Sullivan (D)

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

Dale A. Righter (R)

Mr. President, with your indulgence, I'd like to -- we're going to look for that language. I'd like to come back to another issue, if that's okay with Senator Frerichs. Senator Frerichs, the bill also requires the submission by the 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 contractor to the Department of an employee's net wages. Now, why?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

I'm sorry. I was talking to someone. You want to know why they require net wages?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

I think the reason we're trying to bring all of this in here is because it helps, when the Department of Labor is eventually trying to make a decision, to have that information in place.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

I'm sorry. Could he repeat that answer, please? I didn't catch that.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

Sure. We're trying to -- to give the Department as much information going into this, rather than having to request it later, after the fact, and drag out some of these arbitration hearings.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Okay. But, Senator Frerichs, the net wages are not relevant in the computation of a prevailing wage dispute, because the prevailing wage is based on the gross wage. So, why are you going to ask the contractors in your district and my district, who are spending their time trying to create jobs, to go through each employee's - 'cause here's what you're going to require 'em to do - each employee's deductions - deductions for this, deductions for that, wage holds for child support, whatever else. They're going to have to figure all of those individually and then submit that information to the Department, which, by the way, then the employee has the virtue -- or the -- has the pleasure of having that specific information now in public record, because it goes to the Department of Labor. And what business of the Department of Labor is it if one of your constituents who works for a contractor is paying child support?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

Requiring the reporting of fringe benefit information doesn't require a contractor to submit information not readily available to them and it will just streamline Department investigations to make them more efficient.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

Dale A. Righter (R)

Senator Frerichs, what was that? I asked why the net wages have to be submitted to the Department when the Department's goal is to figure out whether the gross wage meets the prevailing wage requirement. Can you answer that question for 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 me, please?

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Michael W. Frerichs (D)

I'm going to pull this bill from the record. We're going to get some answers to his questions.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, we'd like to withdraw Senate Bill 3695. Senator Crotty, for what purpose do you rise?

M. Maggie Crotty (D)

On a point of personal privilege.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Crotty, please make your point.

M. Maggie Crotty (D)

Well, I'd -- I'd like to announce that I have a son who lives in Arizona, who is watching the Senate proceedings today. And I'm embarrassed to say that today is his birthday, his fortieth birthday. I had him when I was fourteen. And I'd like to really wish him a very happy birthday. I'm sorry I can't be with him on his fortieth, but I'll be there on his forty-first. Thanks.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) We wish him a happy birthday. Thank you, Senator Crotty. Senator Emil Jones, for what purpose do you rise?

John O. Jones (R)

Personal privilege, Mr. President.

John M. Sullivan (D)

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

John O. Jones (R)

46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Would like to wish one of our staffers a very happy birthday - Larry Luster. He does my communications and my voice. He's a -- started off as an intern for AFSCME and now he's a staffer on the Senate side, on the Democrat side. So please join me in wishing him a very, very happy birthday.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Happy birthday. Congratulations, Larry. Ladies and Gentlemen, if I can have your attention, we will be going to the Order of House Bills 2nd Reading. If you'll turn to page 19 of your printed Calendar, in the middle of the page - again, on the Order of House Bills 2nd Reading - with leave of the Body, we will skip 404 and we'll go to House Bill 411. Senator Raoul, on 411. We're on 2nd Readings here. Do you wish to move it to 3rd? Mr. Secretary, read the bill.

Anderson

House Bill 411. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Next up on the Calendar, we have House Bill 587. Senator Hutchinson. Senator Hutchinson, on House Bill 587. Out of the record. Senate {sic} Bill 930. Senator Haine, on House Bill 930. Mr. Secretary, read the bill.

Anderson

House Bill 930. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Next up, we have House Bill 1157. President Cullerton. Out of the record. House Bill 1261. Senator Sandoval. Senator Sandoval, on House Bill 1261. Out of the record. Ladies and Gentlemen, please turn to the top of the next page, page 20 of your printed Calendar, and we have House Bill 1489. President Cullerton. Out of the record. House Bill 1645. Senator Hutchinson. Senator Hutchinson. Out of the record. Senate {sic} Bill 2562. Senator Bivins. Mr. Secretary, read the bill.

Anderson

House Bill 2562. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Next up on the Calendar, we have House Bill 2582. Senator Dillard. Senator Dillard. Out of the record. Senate {sic} Bill 2842. President Cullerton. Out of the record. Senate {sic} Bill 2891. President Cullerton. Out of the record. Senate {sic} Bill 2896. Leader Harmon, on 2896. Mr. Secretary, please read the bill.

Anderson

House Bill 2896. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any further Floor amendments approved for 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 consideration?

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Next up on the Calendar - and, again, Ladies and Gentlemen, we're on the middle of page 20 of your printed Calendar - we have House Bill 3091. Senator Emil Jones, on House Bill 3091. Out of the record. House Bill 3340. Senator Haine. Out of the record. House Bill 3372. Senator Koehler. Senator Koehler? Out of the record. House Bill 3611. Senator Koehler. Mr. Secretary, out of the record. Senate {sic} Bill 3779. President Cullerton. Out of the record. Senate {sic} Bill 3825. Senator Frerichs, on 3825. Do you wish to move it to 3rd? Mr. Secretary, please read the bill.

Anderson

House Bill 3825. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 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. Ladies and Gentlemen, on the bottom of page 20 of the printed Calendar, again, on the Order of House Bills 2nd Reading, we have House Bill 3826. Senator Koehler. Mr. Secretary, please read the bill. 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Anderson

House Bill 3826. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 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. Ladies and Gentlemen, turn to the top of page 21 of your printed Calendar. On the Order of House Bills 2nd Reading, we have House Bill 3881. Leader Harmon, on 3881. Mr. Secretary, please read the bill.

Anderson

House Bill 3881. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, House Bill 3985. Senator Steans. Senator Steans. Out of the record. House Bill 4003. Senator Lightford, on House Bill 4003. Do you wish to move that to 3rd? Out of the record. House Bill 4022. Senator Hutchinson. Senator Hutchinson, on 4022. Mr. Secretary, out of the record. House Bill 4031. Senator Raoul. Do you wish to proceed? Mr. Secretary, please read the bill.

Anderson

50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 House Bill 4031. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 4036. Senator Kotowski, on 4036. Mr. Secretary, out of the record. House Bill 4078. Senator Sandoval. Senator Sandoval, on 4078. Out of the record. House Bill 4081. Senator Haine. You wish to proceed? Mr. Secretary, please read the bill.

Anderson

House Bill 4081. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 4096. Senator Martinez. Senator Martinez. Out of the record. House Bill 4110. Senator Jacobs. Mr. Secretary, please read the bill.

Anderson

House Bill 4110. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1.

John M. Sullivan (D)

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

Anderson

No further amendments reported. 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, we're on page 21 of your printed Calendar, the -- the Order of House Bills 2nd Reading. We have House Bill 4129. Senator Kotowski, on 4129. Senator Kotowski, do you wish to proceed? Mr. Secretary, he does. Please read the bill.

Anderson

House Bill 4129. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Human Services adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 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. House Bill 4148. President Cullerton. Out of the record. House Bill 4177. Senator Hunter. Senator Hunter, on 4177. Out of the record. Mr. Secretary, we're on the bottom of page 21 of the printed Calendar. We have House Bill 4242. Senator Forby. Out of the record. Ladies and Gentlemen, let's turn to the top of page 22. On the Order of House Bills 2nd Reading at the top of the page, we have House Bill 4444. Senator Sandoval. Senator Sandoval, on House Bill 4444. Out of the record. House Bill 4500. Senator Crotty. You wish to proceed? Mr. Secretary, please read the bill.

Anderson

House Bill 4500. 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 4513. President Cullerton, on House Bill 4513. Out of the record. House Bill 4521. President Cullerton. Out of the record. House Bill 4531. Senator Jones. Senator Emil Jones, on House Bill 4531. Out of the record. House Bill 4545. Senator Crotty. Do you wish to proceed? Mr. Secretary, please read the bill.

Anderson

House Bill 4545. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, we're on the middle of page 22 of your Calendar. We have House Bill 4562. Senator Crotty. Mr. Secretary, please read the bill.

Anderson

House Bill 4562. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 4569. Senator Jones. Senator Emil Jones, on 4569. Mr. Secretary, out of the record. With leave of the Body, we will skip over House Bill 4573 and go to House Bill 4590. Senator Bivins. You wish to proceed? Mr. 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Secretary, please read the bill.

Anderson

House Bill 4590. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 4609. Senator Lightford, on 4609. Mr. Secretary, out of the record. House Bill 4662. Senator Dillard. You wish to proceed? Mr. Secretary, please read the bill.

Anderson

House Bill 4662. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 4666. President Cullerton, on House Bill 4666. Out of the record. House Bill 4673. Senator Muñoz. Mr. Secretary, he wishes to proceed. Please read the bill.

Anderson

House Bill 4673. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, are there any further Floor amendments approved for consideration? 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Anderson

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, if you'll turn the page to the top of page 23, we have House Bill 4819. Senator Forby. Do you wish to proceed? Mr. Secretary, out of the record. With leave of the Body, we will come back to Senate -- or House Bill 4863 and we'll go to House Bill 4962. Senator Althoff, on House Bill 4962. Do you wish to proceed? Mr. Secretary, please read the bill.

Anderson

House Bill 4962. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 4982. Senator Sandoval. Senator Sandoval, on House Bill 4982. Out of the record. House Bill 4991. President Cullerton. President Cullerton. Out of the record. House Bill 4996. Senator Steans. Senator Steans, on House Bill 4996. Out of the… Out of the record. House Bill 5003. Senator Hunter. Senator Hunter, you wish to proceed? Indicates she does. Mr. Secretary, please read the bill.

Anderson

House Bill 5003. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 3rd Reading. Ladies and Gentlemen, next up on the Calendar, we have House Bill 5033. Senator Schoenberg. Senator Schoenberg, on 5033? Out of the record. House Bill 5050. Senator LaHood, on 5050. You wish to proceed? Mr. Secretary, please read the bill.

Anderson

House Bill 5050. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, today was Firefighter Memorial Day, and we have some firefighters up in the gallery from my district. We're -- great to have you here. Would you gentlemen please stand and be recognized? The Roseville Fire -- Volunteer Fire Department. Ladies and Gentlemen, we are on page 23 of your Calendar, House Bills 2nd Reading. We have House Bill 5062. Senator LaHood. You wish to proceed? Mr. Secretary, he indicates he does. Would you please read the bill?

Anderson

House Bill 5062. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5071. Senator Steans. Senator Steans, on 5071. Out of the record. House Bill 5078. Leader Harmon. Do you wish to proceed? Indicates he does. Mr. 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Secretary, would you please read the bill?

Anderson

House Bill 5078. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 2.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 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. House Bill 5098. Senator Forby. Senator Forby, on House Bill 5098. Out of the record. Ladies and Gentlemen, I have an announcement regarding committees. The following committees will be meeting to take up concurrence motions: Executive Committee will meet in Room 212 today at 3 p.m. Again, Executive Committee will meet in Room 212 at 3 p.m. today to take up concurrence motions. Ladies and Gentlemen, we're -- we're towards the bottom of the page 23 of the Calendar. We have House Bill 5099. Senator Haine, do you wish to proceed? Indicates he does. Mr. Secretary, please read the bill.

Anderson

House Bill 5099. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 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. On the bottom of the page, we have House Bill 5101. Senator Sandoval, on House Bill 5101. Out of the record. Please turn the page. We're on the top of page 24 now, on the Order of House Bills 2nd Reading. We have House Bill 5104. Senator Link, on 5104. Do you wish to proceed? Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5104. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, are there any further Floor amendments approved for consideration?

Scott Kaiser

No further amendments reported, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Next up on the Calendar, we have House Bill 5111. Senator Hutchinson. Senator Hutchinson, on 5111. Out of the record. House Bill 5115. Senator Althoff, on 5115. Do you wish to proceed? Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5115. (Secretary reads title of bill) 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Next up, we have House Bill 5122. Senator Haine. Mr. Secretary, Senator Haine indicates he would like to proceed. Please read the bill.

Scott Kaiser

House Bill 5122. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading.

Scott Kaiser

Floor Amendment 1 is offered by Senator Haine.

John M. Sullivan (D)

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

William R. Haine (D)

Floor Amendment No. 1 takes care of a concern of -- of those who -- in the hospitals that handle organ donation. They didn't want the -- I didn't think it was a -- a real concern, but they did, so we exempted them from the bill.

John M. Sullivan (D)

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

Scott Kaiser

No further amendments reported. 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Next up on the Calendar, we have House Bill 5134. Senator LaHood, on 5134. Mr. Secretary, indicates he wishes to proceed. Please read the bill.

Scott Kaiser

House Bill 5134. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5142. Leader Trotter. Senator Trotter, on 5142. Out of the record. House Bill 5145. Senator Bivins. Do you wish to proceed? Indicates that he does. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5145. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5180. Senator Schoenberg. Senator Schoenberg, on 5180. Out of the record. House Bill 5210. President Cullerton. President Cullerton, on 5210. Out of the record. House Bill 5212. Senator Crotty. Leader Crotty, do you wish to proceed? Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5212. (Secretary reads title of bill) 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5234. Senator Althoff, on 5234. Do you wish to proceed? Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5234. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5235. Senator Mulroe. Indicates he wishes to proceed. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5235. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5236. Senator Luechtefeld. Out of the record. House Bill 5248. Senator Lightford. Senator Lightford, on 5248. Mr. Secretary, indicates she wishes to proceed. Please read the bill.

Scott Kaiser

House Bill 5248. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Higher Education adopted Amendment No. -- Committee Amendment No. 2.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 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. Ladies and Gentlemen, we are on the bottom of page 24 and we have House Bill 5250. Leader Clayborne. Senator Clayborne, on 5250. Mr. Secretary, out of the record. Let's turn to the top of page 25, on the Order of House Bills 2nd Reading, and we have House Bill 5265. Senator Millner. Senator John Millner. Mr. Secretary, he indicates he wishes to proceed. Please read the bill.

Scott Kaiser

House Bill 5265. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5280. Senator Mulroe. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5280. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, are there any further Floor amendments approved for consideration?

Scott Kaiser

62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill -- with leave of the Body, Ladies and Gentlemen, we will return to House Bill 5283 and we will go to House Bill 5288. Senator Muñoz. Mr. Secretary, he indicates he wishes to proceed. Please read the bill.

Scott Kaiser

House Bill 5288. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

John M. Sullivan (D)

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

Scott Kaiser

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, we're on page 25, and we have House Bill -- next up on the Calendar is House Bill 5289. Senator Schoenberg. Senator Schoenberg, on House Bill 5289. Out of the record. House Bill 5315. Senator Harmon. Leader Harmon. Indicates he wishes to proceed. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5315. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 3rd Reading. With leave of the Body, we will return to 5330 and come back to it later. We have House Bill 5336. Senator Althoff. Mr. Secretary, indicates she wishes to proceed. Please read the bill.

Scott Kaiser

House Bill 5336. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5337. Senator Bivins. Do you wish to proceed? Mr. Secretary, out of the record. House Bill 5341. Leader Clayborne. Senator Clayborne, on 5341. Mr. Secretary, out of the record. House Bill 5342. Senator Kotowski. Senator Kotowski, on 5342. Do you wish to proceed? Mr. Secretary, indicates he does. Please read the bill.

Scott Kaiser

House Bill 5342. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5362. Senator Althoff. Wish to proceed? Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5362. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5434. Senator Haine. Do you wish to proceed? Mr. Secretary, indicates that he does. Please read the bill.

Scott Kaiser

House Bill 5434. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 2.

John M. Sullivan (D)

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

Scott Kaiser

No further amendments reported, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5441. Senator Raoul. Senator Raoul, on 5441. Do you wish to proceed? Mr. Secretary, indicates that he does. Please read the bill.

Scott Kaiser

House Bill 5441. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, turn the page, if you will, and we're on the top of page 26 of the Calendar. Again, we are on the Order of House Bills 2nd Reading. And at the top of the page, we have House Bill 5450. Senator Delgado, on 5450. Indicates he wishes to proceed. Mr. Secretary, please read the 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 bill.

Scott Kaiser

House Bill 5450. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 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. House Bill 5451. Senator Kotowski, on 5451. Do you wish to proceed? Indicates that he does. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5451. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 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. House Bill 5480. Senator Rezin, on House Bill 5480. Mr. Secretary, out of the record. House Bill 5493. Senator Sandoval. Senator Sandoval, on 5493. Out of the 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 record. House Bill 5528. Senator Muñoz. Senator Muñoz, on 5528. Mr. Secretary, out of the record. House Bill 5549. Senator Hunter. Senator Hunter, on 5549. Do you wish to proceed? Mr. Secretary, indicates that she does. Please read the bill.

Scott Kaiser

House Bill 5549. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5606. Senator Forby, on 5606. Do you wish to proceed? I did? Senator Forby, hold on just a minute. I jumped one there. Ladies and Gentlemen, we are on 5587, rather. House Bill 5587. Senator Lightford, on 5587. Mr. Secretary, she indicates she wishes to proceed. Please read the bill.

Scott Kaiser

House Bill 5587. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now, Senator Forby, we have House Bill 5606. Do you wish to proceed? Indicates that he does. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5606. (Secretary reads title of bill) 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill -- we're on the middle of page 26, Ladies and Gentlemen. House Bill 5624. Senator Crotty. Do you wish to proceed? Mr. Secretary, she indicates that she does. Please read the bill.

Scott Kaiser

House Bill 5624. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5650. Senator Garrett, on 5650. Do you wish to proceed? Mr. Secretary, indicates that she does. Please read the bill.

Scott Kaiser

House Bill 5650. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 2.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 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. House Bill 5656. Senator Schoenberg. Senator Schoenberg, on 5656. Mr. Secretary, indicates he wishes 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 to proceed. Please read the bill.

Scott Kaiser

House Bill 5656. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5730. Senator Delgado, on House Bill 5730. Mr. Secretary, he indicates he wishes to proceed. Please read the bill.

Scott Kaiser

House Bill 5730. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill 5771. Senator Hunter. Mr. Secretary, out of the record. Senate {sic} Bill 5780. Senator Luechtefeld. Out of the record. Ladies and Gentlemen, we are on the bottom of page 26, and the last bill on the page is House Bill 5814. Senator Althoff. She indicates she wishes to proceed. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5814. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Energy adopted Amendment No. 2 {sic} (1 & 2).

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, are there any further Floor amendments 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 approved for consideration?

Scott Kaiser

No further amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Let's turn to the top of page 27. Again, on the Order of House Bills 2nd Reading, and the first bill on top of the page is House Bill 5823. Senator Mulroe. Do you wish to proceed? Mr. Secretary, out of the record. House Bill 5826. Senator Steans. Senator Steans, on 5826. Out of the record. House Bill 5866. President Cullerton. Out of the record. House Bill 5877. President Cullerton. Out of the record. And the last bill on that -- dealing with House Bills 2nd Reading on the page is House Bill 5899. Senator Millner. Mr. Secretary, he indicates he wishes to proceed. Please read the bill.

Scott Kaiser

House Bill 5899. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, with leave of the Body, if you will turn back to page 21 of the Calendar, still on the Order of House Bills 2nd Reading, we have House Bill 4003. Senator Lightford, on 4003. Indicates she wishes to proceed. Senator -- or, Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 4003. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 reported.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies, again -- Ladies and Gentlemen, again, with leave of the Body, on the bottom of page 21, still on the Order of House Bills 2nd Reading, we have House Bill 4242. Senator Forby. Indicates he wishes to proceed. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 4242. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, are there any further Floor amendments approved for consideration?

Scott Kaiser

No further amendments reported, Mr. President.

John M. Sullivan (D)

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Senator Lightford in the Chair.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen of the Senate, with leave of the Body, we will return to page 19, page 19, House Bills 2nd Reading. Senator Sullivan, on House Bill 404. He indicates he wish to proceed. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 404. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted Amendment No. 1. 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) Mr. Secretary, are there any Floor amendments approved for consideration?

Scott Kaiser

Yes. Floor Amendment No. 4, offered by Senator Sullivan.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan, to explain your amendment.

John M. Sullivan (D)

Thank you, Madam President. The amendment removes the provisions related to the State Mining Board.

Kimberly A. Lightford (D)

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

Scott Kaiser

No further amendments reported, Madam President.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senator Sullivan. On page 22, Ladies and Gentlemen, House Bill 4573 on the Order of 2nd Reading. He indicates he wish to proceed. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 4573. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of House Bills 2nd Reading 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 on the top of the page on page 23, House Bill 4863. Senator Sullivan. He indicates he wish to proceed. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 4863. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Page 25, Ladies and Gentlemen of the Senate. On page 25, House Bills 2nd Reading. 5283. Senator Sullivan. He indicates he wish to proceed. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5283. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue -- excuse me, there were no committee amendments and no Floor amendments reported either, Madam President.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senator Sullivan, on House -- House Bill 5330. He indicates he wish to proceed. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 5330. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Have there been any Floor amendments approved for consideration?

Scott Kaiser

No further amendments reported.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Ladies and Gentlemen of the Senate, please turn your Calendars to the top of page 28. Secretary {sic} Desk, Resolutions. Page 28. Senator Raoul, on Senate Resolution 714. He indicates he wish to proceed. Mr. Secretary, please read the resolution.

Scott Kaiser

Senate Resolution 714, offered by Senator Raoul.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.

Kwame Raoul (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Resolution 714 is a recommendation of the Respiratory Health Association and it designates November as Chronic Obstructive Pulmonary Disease Awareness Month and urges Illinois residents to become more aware of COPD and its effects. COPD is the medical terminology used to describe airflow obstruction that is associated primarily with emphysema and chronic bronchitis.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall joint resolution -- Senate Resolution 714 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Hutchinson, on Senate Joint Resolution 65. Out of the record. Senator Maloney, on Senate 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Joint Resolution 69. He indicates he wish to proceed. Mr. Secretary, please read the resolution.

Scott Kaiser

Senate Joint Resolution 69, offered by Senator Maloney.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Maloney.

Edward D. Maloney (D)

Thank you, Madam President. We -- we all know what a successful program the Monetary Award Program has been, but there have been some issues related to, first of all, the amount of money that's available each year, and dealing -- we -- so what this resolution does is propose a -- a -- Student Assistance Commission to -- to bring a task force to look at some of these issues, which include not only the amount of money, but the eligibility standards for MAP, the method of distribution. And -- and it also -- the resolution also details the -- the -- the makeup of the task force. I'd be happy to answer any questions.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, as this resolution requires the expenditure of State funds, a roll call vote will be required. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Yea, 0 voting Nay. Senate Joint Resolution 69, having received the required constitutional majority, is declared adopted. Senator Trotter, on Senate Joint Resolution 70. He indicates he wish to proceed. Mr. Secretary, please read the resolution.

Scott Kaiser

75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Senate Joint Resolution 70, offered by Senator Trotter.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Trotter, explain your resolution.

Donne E. Trotter (D)

Thank you, Madam President, Members of the Senate. Senate Joint Resolution 70 creates a Host Committee for the National Conference of State Legislatures, which will be coming to Chicago during August 6th through the 9th. This is the third opportunity that we've had to host legislators from around the country in our great State, and this will make it official so the Host Committee can develop, implement procedures, activities for the conference, which also includes fundraising initiatives and support to -- and defray the associated costs for the conference. And I can go in more detail if necessary.

Kimberly A. Lightford (D)

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, as this resolution requires the expenditure of State funds, a roll call vote will be required. 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 50 voting Aye, 0 voting Nay. Senate Joint Resolution 70, having received the required constitutional majority, is declared adopted. Ladies and Gentlemen of the Senate, we are going to recess. The President has asked that all Members who are serving on the Senate Executive Committee please make your way to Room 212 for Executive Committee. The Senate stands at recess. (SENATE STANDS IN RECESS/SENATE RECONVENES) 76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Don Harmon (D)

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

Anderson

Senator Harmon, Chairperson of the Committee on Executive, reports the following: Motion to Concur -- House Amendments 8 and 9 to Senate Bill 1313 recommended Do Adopt.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) 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 concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2944. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 2944. We have received like Messages on Senate Bill 3202, with House Amendment 1; Senate Bill 3240, with House Amendment 1; Senate Bill 3249, with House Amendment 1. Passed the House, as amended, May 10th, 2012. Timothy D. Mapes, Clerk of the House. Message from the Clerk -- a Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 concurrence of the Senate to wit: House Bill 5665. Passed the House, May 10th, 2012. Timothy D. Mapes, Clerk of the House.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Introduction of Senate Bills.

Anderson

Senate Bill 3919, offered by Senator Righter. (Secretary reads title of bill) 1st Reading of the bill.

Don Harmon (D)

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

Anderson

House Bill 5665, offered by Senator Jacqueline Collins. (Secretary reads title of bill) 1st Reading of this House bill.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, Senate Supplemental Calendar No. 1 is being distributed to the Members' desks. This is final action. I'd ask all Members of the Senate to be at their desks. We are turning to final action on Supplemental Calendar No. 1. If all Members within the sound of my voice could be at their desks. Senator Jacqueline Collins, for what purpose do you seek recognition?

Jacqueline Y. Collins (D)

For a point of personal privilege, Mr. President.

Don Harmon (D)

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

Jacqueline Y. Collins (D)

78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Thank you very much. Ladies and Gentlemen of the Senate, we heard earlier today that this was the observance of the Nineteenth Annual Illinois Fallen Firefighter Memorial. I have the privilege and honor today to welcome to the Illinois General Assembly Lieutenant Andre Raiford, Sr., and his family - his wife, Gina Raiford; his son, Andre Raiford, Jr.; the other son, Alexander Raiford; and his mother, Dorothy Raiford. The reason I want to acknowledge Lieutenant Raiford, he was one of the Medal of -- Medal of Valor awardees earlier today. And the Medal of Valor Award is given by the State of Illinois to a firefighter for an act of heroism and bravery that clearly demonstrated courage and dedication in the face of danger while in the performance of duty. They're in the President's Gallery, standing. So can we all give them a welcome to the Illinois General Assembly?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) If our guests in the gallery would please rise to be welcomed to the Illinois State Senate. Ladies and Gentlemen of the Senate, Senate Supplemental Calendar No. 1 has been distributed to the Members' desks. On that Supplemental Calendar is the Order of Secretary's Desks -- Desk, Concurrences. And on that Order is the motion to concur in House Amendments 8 and 9 to Senate Bill 1313. Senator Schoenberg, are you ready to proceed with your motion? Mr. Secretary, please read the motion.

Anderson

I move to concur with the House in the adoption of their Amendments 8 and 9 to Senate Bill 1313. Signed by Senator Schoenberg. 79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg, to present your motion.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move that the Senate concur with House Amendments No. 8 and 9 to Senate Bill 1313. This legislation, Mr. President and Ladies and Gentlemen of -- of the Senate, establishes a constructive framework for retaining existing levels of retiree health insurance benefits in the face of rapidly escalating costs. It will be done through a collectively bargained process. And as you may recall, last year, we sought to establish a very detailed framework with a graduated series of levels, based on age and years' service participation in the system, in order to protect those vulnerable retirees on fixed incomes from an across-the-board contribution. If we don't act now, current retirees and those who will be retiring in the future will be unquestionably faced with higher copayments and a severe reduction of benefits. Our current approach to this issue is simply unaffordable and unsustainable. Just in one year -- when we first began considering legislation on this very issue, the Commission on Government Forecasting and Accountability, of which I am the Senate co-chair, commissioned the - Mercer Consulting to do a detailed analysis of this issue in comparison with other states and with the private sector. What we found is that the -- is that the cost to the State was six hundred and eighty million dollars and over ninety percent of the retirees, regardless of what system they were from, were not making any contribution towards premiums. What has been proposed in other states and what was proposed by Governor Quinn 80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 a couple years ago, frankly, was an across-the-board contribution towards premiums. That would hurt the very people who we're all interested in protecting, those retirees with modest pensions who can ill afford a severe increase in the cost of their retiree health care. By going to a graduated schedule that would be negotiated through the collective bargaining process, we will ensure that it'll be done based on the ability to pay. So that those who can pay -- who made more as active employees and who make more as retirees through their pension, that they would pay more than the very people who we are trying to protect. There's a series of checks and balances in this legislation. The Commission -- the Director of Central Management Services would set this multitiered schedule based on ability to pay. JCAR, in turn, would be able to offset and -- and hold those -- hold those projections in check. But just in the one year since COGFA did its study, the Commission on Government Forecasting and Accountability has found out that the cost of retiree health care is now eight hundred and seventy- nine -- close to eight hundred and eighty million dollars. Within another year, if we do nothing, it will be a billion dollars. That not only affects our costs now, but it also affects the unfunded liability, which has now risen to thirty billion dollars for the group health insurance program and which is projected to go up to slightly over thirty-three billion dollars. I'd be happy to answer any questions.

Don Harmon (D)

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

Mike Jacobs (D)

81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 Mr. President, I move the previous question.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Jacobs has moved the previous question. There are four Senators seeking recognition. Senator Bomke, for what purpose do you seek recognition?

Larry K. Bomke (R)

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

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he'll yield. Senator Bomke.

Larry K. Bomke (R)

Senator Schoenberg, can you think of any legislation that has been passed and become law that was anything other than prospective?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

I can't -- I can't recall anything offhand.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Bomke.

Larry K. Bomke (R)

Why do you think that is?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

I believe it's largely been a function of constitutional issues, the very issues which have dominated the discussion over pension reform. And, yet, because there is not a constitutional protection on this component of the benefits package, we're able to take a different and, I think, more innovative approach. 82 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Bomke.

Larry K. Bomke (R)

Thank you. I think it's called ex po {sic} (post) facto. I'm not an attorney, but someone here might correct me if that is not the case. Back in 1997, we passed legislation that was effective January 1st of '98. It's Public Act 90-0065. In that Act, it guaranteed a State employee or public employee -- or State employee, after working for the State of Illinois for twenty years, that they would have free health insurance. I believe by passing this legislation, it would be retroactive. And an employee who was working for the State in 1998 and was hired from then till today should be covered under that Act. By passing this legislation retroactively, which, I believe, as Senator Schoenberg has indicated, would be unconstitutional. My point is, I don't disagree we need to do something about the health care and the cost. There's no question about it. But prospective. If we were talking about employees hired today and in -- for the future, I would agree that it would be constitutional. But it seems to me, it's clearly not. And to vote Yes on this bill will simply mean that we'll have a court challenge; we'll spend millions of dollars that we don't have trying to defend it, only to realize it's not constitutional. I would recommend a No vote.

Don Harmon (D)

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

Carole Pankau (R)

Thank you, Mr. President. A question of the sponsor. 83 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he'll yield. Senator Pankau.

Carole Pankau (R)

When a retiree gets to sixty-five, then they go on Medicare and the State insurance becomes secondary. How will your graduated system apply to people in -- that are over sixty-five and retired?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you for that question. The variables that enter into what -- what level an individual would be at is very similar to what we do with pensions: It's age plus the years' service. We don't want to create an unintended consequence where people who work for a short period of time for the State, nonetheless, get a greater subsidy from the State for their benefit. The -- you're correct - what this would do by going on a graduated scale, we would provide greater incentive for individuals to work a little longer to accumulate more points; so that, in fact, their subsidy would be at a -- at a higher level. And you're correct that it would reduce the cost to the State, because that person would work longer and closer to the threshold where Medicare was the primary source of paying for their health insurance and the State health insurance would be - - retiree health insurance would be secondary. So that's where some of this -- a significant amount of savings would be realized too.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Pankau. 84 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Carole Pankau (R)

Well, the -- so the graduation would not be just on income, but it would be on length of service and other criteria. There would be a number of criteria used to determine the graduation. Is that correct?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

That's correct. And it will all -- and those same ingredients will be collectively done -- arrived at through a collective bargaining process.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Pankau.

Carole Pankau (R)

Thank you. To the bill, Mr. President. I urge an Aye vote. It's time we started on pension reform. This is one of the places to start. This is the area that's had the most accelerated growth, in health care over the past - I don't know how many - years. So I urge an Aye vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator McGuire, for what purpose do you rise? SENATOR McGUIRE: Thank you, Mr. President. A question of the sponsor.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he'll yield. Senator McGuire. SENATOR McGUIRE: Senator Schoenberg, is this legislation subject to collective bargaining? 85 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Yes, it is. In fact, Senator, prior to your being here, when we entertained a similar proposal that actually wrote into law what those different tiers of -- of -- would -- would be, it created a situation where you would have had one cohort of individuals who were not covered by the collective bargaining agreement starting at a sooner time than when those who were covered by the collective bargaining agreement did. So there's far greater uniformity between those who are on one -- between both sides on the bargaining table, and uniformity among systems as well.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator McGuire. SENATOR McGUIRE: No further questions.

Don Harmon (D)

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

Michael W. Frerichs (D)

For a question of the sponsor, Mr. President.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he'll yield. Senator Frerichs.

Michael W. Frerichs (D)

Senator Schoenberg, I heard a comment made earlier regarding all retirees receiving Medicare. Is it true that all -- State and university employees receiving health care qualify for Medicare at age sixty-five? 86 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

As I understand it, there's a very finite, small percentage of individuals who do not.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

Michael W. Frerichs (D)

Some are university retirees, people who retired, who made plans, who had opportunities and were told years ago that they were going to have their health insurance, made decisions and now would be without Medicare coverage?

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

As I indicated in my opening, if we don't act on this, in the current framework, people will end up paying considerably more in a way that we will not be able to regulate, in the form of increased copayments and in the -- and in a reduction of -- in a reduction of their current benefits package. So, if we don't take this step, everyone who we're looking to ensure their financial and health care security will invariably end up paying far more in a way that we won't be able to regulate.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Frerichs.

Michael W. Frerichs (D)

To the bill, Mr. President. I think this bill has been -- moved through this General Assembly very quickly in the last few days. I've had many conversations with constituents, with 87 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 colleagues, with people of all stripes, and I think there are still a lot of questions, very important questions, about whether or not some members would be covered by Medicare, or what their options would be. And, therefore, I would ask a No vote.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Our final speaker is Leader Radogno. Leader Radogno.

Christine Radogno (R)

Thank you, Mr. President. Well, since I'm the final speaker before the sponsor closes, I guess this is where the rubber hits the road or not. It's really up to all of us. This is a very difficult vote. Someone in the House said it was the most difficult vote that they had taken in the time that they'd been in the General Assembly. This is a very hard bill to vote for. I think a lot of compassion has been expressed for those people that retired, anticipating a certain benefit that now may be changed somewhat. And I feel for those people. In fact, we are changing the benefit that we will receive in our own retirement. But having said that, things happen in life and we have to adjust. It's happened in the private sector and it's happening here. Illinois is by far an outlier state. We're one of only two states that offers anything like this in terms of health insurance, and we simply cannot afford it. Now, having said that, it's hard to vote for it, but it's also really hard to vote against it. And I'm going to encourage people to vote for it, because the fact of the matter is, I bet every single person in this Chamber has campaigned on how we need to right the financial ship of State here. That's been our primary 88 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 discussion point over the last several years. We're all out on the trail saying we're going to do the right thing. "Send me there to take the tough votes; I can do it" - and now we have the opportunity to do that. If there are unanswered questions - - and I do believe this bill has been very well thought through. I'm impressed with the fact that JCAR, for the first time, will sort of backstop and oversee this. That's a positive and it offers a protection. If there are additional questions about people being covered or not, I think we've demonstrated in the past that we're always willing to come back and, if there are imperfections, to fix those. But if we vote No, because of the possibility that something is wrong on this bill, when the vast majority of it is right, we are taking the easy road out by looking for a way to vote No. It's always easy to vote No. It's much harder to take a hard vote and vote Yes. But I would urge everyone to think about our kids and our grandkids and to do the hard thing, but the right thing right now, and vote Yes. Thank you.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Leader Radogno. Senator Schoenberg, to close.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. First, I want to thank the previous speaker for her support on this issue over these last couple of years. And hope that my colleagues on the other side will indeed take her lead on this. I would -- wish to -- for the record, want to dispute the point that had been made by a previous speaker; that Public Act 90-65 lacked clear and unmistakable language creating or establishing vested rights to free or subsidized health care to 89 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 retirees under the State Group Insurance Act. I'd also like to reference, as they did in the House, a memorandum, which has been discussed in committee and elsewhere, to House Republican Leader Cross from CMS Director Weems summarizing how -- the factors that'll go into creating seven tiers of -- based on income. And -- and -- and, finally, I'd like to also make reference and -- and extend my thanks to the work of the members of the Commission on Forecasting -- Government Forecasting and Accountability for having the foresight to commission this study by the Mercer Group, which provides us with clear, unmistaken evidence of how the current system is unaffordable and unsustainable and will not allow us to protect the very people we wish to help if we don't make these changes. Thank you.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall the Senate concur in House Amendments 8 and 9 to Senate Bill 1313. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 31 voting Aye, 20 voting No, 1 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 8 and 9 to Senate Bill 1313, and the bill is declared passed. We'll now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolution on the Consent Calendar?

Anderson

No objections filed, Mr. President. 90 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the resolutions are adopted. Senator Jacobs, for what purpose do you seek recognition?

Mike Jacobs (D)

A point of personal privilege.

Don Harmon (D)

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

Mike Jacobs (D)

I would just like to welcome, in -- in the -- in the press gallery, the Illinois Press Association to the Illinois Senate.

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) A point of personal privilege made at your own peril, Senator. On the Order of Resolutions is Senate Joint Resolution 74. Mr. Secretary, please read the resolution.

Anderson

Senate Joint Resolution 74, offered by Senator Hunter. (Secretary reads SJR No. 74)

Don Harmon (D)

PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 74. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Hunter moves for the adoption of Senate Joint Resolution 74. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 p.m. on 91 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/10/2012 the 15th day of May, 2012. The Senate stands adjourned. 92