PRESIDING OFFICER: (SENATOR CROTTY) The regular Session of the 97th General Assembly will please come to order. Will the Members please be at their desks? And will the guests in the galleries please rise? The invocation today will be given by Pastor Michael Dye from Knox Knolls Free Methodist Church, Springfield, Illinois. Pastor Dye.
(Prayer by Pastor Michael Dye)
PRESIDING OFFICER: (SENATOR CROTTY) Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR CROTTY) Mr. Secretary, Reading and Approval of the Journal.
Senate Journal of Tuesday, May 15th, 2012.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Maloney.
Madam President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Maloney moves to postpone the reading and the approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Leader Clayborne, for what purpose do you rise? 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
Point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
Behind you, in the President's Gallery, we have the former Mayor of East St. Louis and his wife, Gordon D. Bush, as well as students and faculty from Gordon D. Bush Elementary School in East St. Louis. And I would like for them to be welcomed.
PRESIDING OFFICER: (SENATOR CROTTY) Will our guests in the gallery please rise? And welcome to the Senate. Mr. Secretary, Resolutions.
Senate Resolution -- 765, offered by Senator Bomke and all Members. Senate Resolution 766, offered by Senator Bomke and all Members. Senate Resolution 767, offered by Senator Bomke and all -- and all Members. Senate Resolution 768, offered by Senator Schmidt and all Members. Senate Resolution 769, offered by Senator Forby and all Members. Senate Resolution 770, offered by Senator Althoff and all Members. And Senate Resolution 771, offered by Senator Link and all Members. They are all death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Mr. Secretary, Resolutions Consent Calendar.
Senate Resolution 772, offered by Senator Sandoval. It's substantive.
PRESIDING OFFICER: (SENATOR CROTTY) Mr. Secretary, Committee Reports.
Senator Frerichs, Chairperson of the Committee on Agriculture and Conservation, reports Senate Resolution 745 Be Adopted. Senator Delgado, Chairperson of the Committee on Public Health, reports House Bill 5880 Do Pass; and Senate Amendment 3 to House Bill 1645 and Senate Amendment 2 to House Bill 5142 recommended Do Adopt. Senator Silverstein, Chairperson of the Committee on Judiciary, reports Senate Amendment 3 to House Bill 5434 recommended Do Adopt. Senator Maloney, Chairperson of the Committee on Higher Education, reports House Bill 5914 Do Pass, as Amended. Senator Meeks, Chairperson of the Committee on Education, reports House Bills 5114 and 5825 Do Pass, as Amended; and Senate Amendment 1 to House Bill 5826 recommended Do Adopt. Senator Sandoval, Chairperson of the Committee on Transportation, reports House Bill 5073 Do Pass; and Senate Amendment 1 to House Bill 1151 and Senate Amendment 1 to House Bill 4692 recommended Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports House Bill 5264 Do Pass; and Senate Amendment 2 to House Bill 2582 and Senate Amendment 1 to House Bill 5771 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 recommended Do Adopt. Senator Koehler, Chairperson of the Committee on Local Government, reports House Bill 1390 Do Pass; and Senate Amendment 4 to House Bill 4753 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR CROTTY) Mr. Secretary, Messages from the House.
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 2882. 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 2882. We have received like Messages on Senate -- Senate Bill 2929, with House Amendment 1; Senate Bill 2949, with House Amendment 1; and Senate Bill 3184, with House Amendment 1. Passed the House, as amended, May 15th, 2012. Timothy D. Mapes, Clerk of the House. 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 concurrence of the Senate, to wit: House Bill 3859. Passed the House, May 15th, 2012. Timothy D. Mapes, Clerk of the House. 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask -- the concurrence of the Senate, to wit: House Joint Resolution 81. Offered by Senator Maloney. Adopted by the House, May 15th, 2012. Timothy D. Mapes, Clerk of the House. It is substantive, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire, for what purpose do you rise? SENATOR McGUIRE: Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point. SENATOR McGUIRE: Thank you. I wish to introduce my Page for the Day, John Murphy. John is thirteen years old. He has four brothers and one sister. He lives in Joliet and is in eighth grade at Union School. And John's interests are many - track, basketball, Frisbee golf, football, wrestling, boys volleyball, and bass fishing. And John shows his patriotic streak by stating that he wishes to attend West Point and become an Army Ranger. So please give John a warm Springfield welcome.
PRESIDING OFFICER: (SENATOR CROTTY) Welcome, John, to the Senate Floor. Mr. Secretary, House Bills 1st Reading.
House Bill 3859. 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 (Secretary reads title of bill) I'm -- I'm sorry. House Bill 3859, offered by Senator Raoul. (Secretary reads title of bill) 1st Reading of this House bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Haine, for what purpose do you rise?
Point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
Madam President and Ladies and Gentlemen of the Senate, I wish to call your attention to the gallery on the right side of the Chair. To the Senate, these are the parents and the brother of our distinguished staffer, Andrew DeYoe, who's come on board, among other committees, the Insurance Committee, to try to straighten it out. And he's done a valiant job. Brilliant young man. And his parents are Ilene and David DeYoe, and his brother, Peter. Would you stand and be welcomed by the Senate?
PRESIDING OFFICER: (SENATOR CROTTY) Welcome to the Senate Floor. Will the Members of the Senate please come to the Senate Floor? We're going to House Bills 2nd Reading. Senator LaHood, for what purpose do you rise? SENATOR LaHOOD: Thank you, Madam -- President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 State your point. SENATOR LaHOOD: Thank you. I'm joined here today by my Page for the Day, who is Stephen Lamb. Stephen is a freshman at Notre Dame High School in Peoria. He's the son of Mark and Lisa Lamb of Peoria. His father's a police officer in the City of Peoria. His interests include politics, current events, and watching comedy shows. He enjoys going to baseball games and helping children with special needs. Stephen's future plans include attending college and law school. And I'd ask for a warm Springfield welcome for Stephen. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) Welcome, Stephen, to the Senate Floor. On page 19 of the Calendar is the Order of House Bills 2nd Reading. Now, on House Bill 587, Senator Hutchinson. Senator Hutchinson. Out of the record. On House Bill 1157, Senator Cullerton. With leave of the Body, we'll return to House Bill 1157. Now, on House Bill 1261, Senator Sandoval. Senator Sandoval. Out of the record. House Bill 1489. Senator Cullerton. With leave of the Body, we'll return to House Bill 1489. House Bill 1645. Senator Hutchinson. Senator Hutchinson. Out of the record. Now, on House Bill 2582, Senator Dillard. Senator Dillard. Out of the record. Senator Schoenberg, for what purpose do you rise?
Thank you, Madam President. I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Madam President and Ladies and Gentlemen of the Senate, I am honored today to be joined by my Page for the Day, Mayher Kaur -- Kaur Matharu. Her parents, Purab Kaur and Amarpal Singh Matharu are in the gallery behind you, Madam President. Mayher is a student at the Willard Elementary School. Willard -- Willard Elementary School's around the corner from my home in -- in Evanston. You've all heard me say more than once that every day here at the Capitol is Evanston Day. Today's no different. And Mayher, she -- she is a -- a very fascinating young woman. She hasn't -- she's very well traveled. She's been to over a dozen countries. She has a tremendous interest in creative writing and math. She excels academically. She's participated in the Northwestern University Center for Talent Development. And what she'd like to do is become more involved with extracurricular activities and community service. And ultimately she wishes to be a fashion designer, graduating from a French design school, and wishes to start her own design company. So I think it's a good idea for those of you who are fashion-conscious that you get to meet her sooner rather than later. And let's give her, all, a warm Senate greeting. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) Welcome to the Senate Floor. Now, with leave of the Body, we'll return to House Bill 2582. Senator Dillard. Senator Dillard wishes to proceed. Mr. Secretary, read the bill.
House Bill 2582. (Secretary reads title of bill) 2nd Reading of the bill. 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
PRESIDING OFFICER: (SENATOR CROTTY) Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment… The Committee on Criminal Law adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR CROTTY) Mr. Secretary, are there any Floor amendments to be approved?
Amendment No. 2, offered by Senator Dillard.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Dillard.
Thank you, Madam President and Members. As the Secretary will tell you, that amendment probably weighs ten pounds, but it is the last piece of the CLEAR Commission - the commission on the -- the Criminal Code rewrite. And the amendment changes the name of the Criminal Code of 1961 to the Criminal Code of 2012. It moves and renumbers certain provisions or relocates them elsewhere in Chapter 720. It adds mental states for certain offenses where required, and updates and fixes necessary cross- references. And I would urge a favorable vote. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, all those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. On House Bill 2842, Senator Cullerton. With leave of the Body, we'll return to House Bill 2842. House Bill 2891. Senator Cullerton. We will return to House Bill 2891. On House Bill 3091, Senator Emil Jones. Senator Jones wishes to proceed. Mr. Secretary, read the bill.
House Bill 3091. (Secretary reads title of bill) 2nd Reading of the bill. Committee on Commerce adopted Amendments 1 and 2.
PRESIDING OFFICER: (SENATOR CROTTY) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. On House Bill 3340, Senator Haine. Senator Haine wishes to proceed. Mr. Secretary, read the bill.
House Bill 3340. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR CROTTY) Have there been any Floor amendments approved for consideration?
10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. On House Bill 3372, Senator Koehler. Out of the record. Senator Koehler, on House Bill 3611. Out of the record. On House Bill 3779, Senator Cullerton. With leave of the Body, we'll return to House Bill 3779. House Bill 3985. Senator Steans. Senator Steans wishes to proceed. Mr. Secretary, read the bill.
House Bill 3985. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 4022. Senator Hutchinson. Senator Hutchinson. Out of the record. House Bill 4036. Senator Kotowski. Out of the record. Senate {sic} Bill 4078. Senator Sandoval. Out of the record. Senate Bill -- House Bill 4096. Senator Martinez. Out of the record. House Bill 4148. Senator Cullerton. With leave of the Body, we'll return to House Bill 4148. House Bill 4177. Senator Hunter. With leave of the Body, we will return to House Bill 4177. House Bill 4444. Senator Sandoval. Out of the record. House Bill 4513. Senator Cullerton. Out of the record. House Bill 4521. 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Senator Cullerton. Out of the record. House Bill 4531. Senator Emil Jones. Senator Jones wishes to proceed. Mr. Secretary, read the bill.
House Bill 4531. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR CROTTY) …there -- have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. On House Bill 4569, Senator Jones. Mr. Secretary, read the bill.
House Bill 4569. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR CROTTY) Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 4609. Senator Lightford. Senator Lightford. Out of the record. Senator Kotowski, for what 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 purpose do you rise?
Point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
It's great to see you this morning. Is it this morning? No. Great to see you this afternoon. It gives me great pleasure -- gives me great pleasure to introduce my Pages for the Day. Today, I am -- we are joined today by Faye and Dean Barry from Arlington Heights. Faye goes to South Middle School. Dean goes to Dryden. Faye plays soccer. She loves the Cubs, and she wants to be an orthodontist. In fact, she got her braces off yesterday and her teeth look wonderful. And Dean plays hockey. So, obviously, he's going to need a sister as an orthodontist to fix his teeth if he gets hit by a puck. He's a Cub fan, and he wants to be a doctor or a physicist. So, we have two very ambitious young people today, who came to Springfield to grace us with their presence. Can you please join me in giving Dean and Faye Barry a wonderful Springfield welcome?
PRESIDING OFFICER: (SENATOR CROTTY) Welcome to the Senate, Dean and Faye. Senator Frerichs, for what purpose do you rise?
For a point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Today is a special day here in the Senate. It is the twenty-second -- twenty-third birthday of our colleague Emil Jones - he'll -- he'll tell you the actual year it is - his birthday today. I would encourage everyone to join -- join me in wishing him a very happy birthday. And for those of you who have not heard yet, he'll be celebrating in style this evening. We encourage everyone to come out. It'll be a very good time.
PRESIDING OFFICER: (SENATOR CROTTY) Happy birthday, Senator Jones. With leave of the Body, we'll turn to House Bill 4666. Senator Cullerton. Out of the record. House Bill 4819. Senator Forby. Senator Forby wishes to proceed. Mr. Secretary, read the bill.
House Bill 4819. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. Now, on the top of page 21, House Bill 4982. Senator Sandoval. Out of the record. On House Bill 4991, Senator Cullerton. Out of the record. On House Bill 4996, Senator Steans. Senator Steans. Senator Steans wishes to proceed. Mr. Secretary, read the bill.
House Bill 4996. (Secretary reads title of bill) 2nd Reading of the bill. Committee on Pensions and Investments adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR CROTTY) 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 5071. Senator Steans. Mr. Secretary, read the bill.
House Bill 5071. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 5101. Senator Sandoval. Out of the record. House Bill 5142. Senator Trotter. Out of the record. House Bill 5210. Senator Cullerton. Out of the record. House Bill 5236. Senator John Jones. Senator Jones wishes to proceed. Mr. Secretary, read the bill.
House Bill 5236. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 5250. Senator Clayborne. Mr. Secretary, read the bill.
House Bill 5250. (Secretary reads title of bill) 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 5337. Senator Bivins. Mr. Secretary, read the bill.
House Bill 5337. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 5341. Senator Clayborne. Out of the record. House Bill 5493. Senator Sandoval. Out of the record. House Bill -- 5528. Senator Muñoz. Out of the record. House Bill 5771. Senator Hunter. Out of the record. On the top of page 22, House Bill 5780. Senator John Jones. Senator Jones. Mr. Secretary, read the bill.
House Bill 5780. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 5823. Senator Mulroe. Out of the record. House Bill 5826. Senator Steans. Mr. Secretary, read the bill.
House Bill 5826. (Secretary reads title of bill) 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 2nd Reading of the bill. No committee or Floor -- no -- no committee amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Steans. Senator Steans, to the amendment, Floor Amendment No. 1.
Thank you, Madam Chair {sic}, Members of the Senate. Yeah, this amendment is a -- it's the cleanup language for the Illinois State Board of Election {sic} (Education). So it's cleanup language they do every year.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CROTTY) 3rd Reading. House Bill 5866. Senator Cullerton. Out of the record. House Bill 5877. Senator Cullerton. Out of the record. Will all Members please come to the Floor? We're going to be going to 3rd Readings. All Members to the Senate Floor. Senator Raoul, for what purpose do you rise?
17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 I had a question for the President. Did you indicate we were going to be going to 3rd Readings, and does that mean we're going to be going to the order of Senator McGuire's first bill?
PRESIDING OFFICER: (SENATOR CROTTY) Would you repeat that? I think I heard that we're going to have a first bill for Senator McGuire?
Yeah, I -- I believe that's going to be the order of our proceedings today.
PRESIDING OFFICER: (SENATOR CROTTY) So, everyone hearing that announcement, please come to the Senate Floor. Senator Righter, for what purpose do you rise?
Thank you, Madam President. At this time, I would move to table Senate Bill 3919.
PRESIDING OFFICER: (SENATOR CROTTY) President Righter moves that… No, not President Righter. Be careful what you wish for. Senator Righter moves that Senate Bill 3919 be tabled. All those in favor will say Aye. Opposed, Nay. The Ayes carry, and Senate Bill 3919 is tabled. Senator Jacqui Collins, for what purpose do you rise?
A point of personal privilege.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
Well, this month seems to be a popular month for birthdays, and while I know that my colleagues Toi Hutchinson, Emil Jones, and Kim Lightford are celebrating birthdays, we also have a 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Senate Page with a birthday today. Her name is Jada Nunn- McLean. She's making -- eighteen years old today. So I would like for us to wish her a very happy birthday.
PRESIDING OFFICER: (SENATOR CROTTY) Happy birthday, Jada. Now, on the -- top of the page 10 is House Bills 3rd Readings. We're going to start mid-page on House Bill 4637. Senator McGuire. Mr. Secretary, read the bill. He's anxious.
House Bill 4637. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Madam President, Ladies and Gentlemen of the Senate, thank you. House Bill 4637 creates a progressive penalty system for repeat domestic battery offenders. Currently, the first domestic battery conviction is a Class A misdemeanor and any second or subsequent domestic battery conviction is a Class 4 felony. Under House Bill 40 -- 4637, increased penalties begin with the fourth domestic battery conviction.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? Senator Haine.
Would the sponsor yield for a question, Madam President?
PRESIDING OFFICER: (SENATOR CROTTY) Without looking, he says he'll yield.
19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 So this is domestic batteries?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Yes, it is, Senator.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Haine.
If -- so this -- if this occurs over the sea -- overseas, it doesn't count? In Japan or China?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: That's right. It would not count, Senator.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Haine.
And you want to establish a progressive penalty system. Is that correct?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Yes, Senator Haine.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Haine.
Is that a liberal penalty system? Could you describe this system as liberal, middle-of-the-road, or conservative?
PRESIDING OFFICER: (SENATOR CROTTY) 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Senator McGuire. SENATOR McGUIRE: Senator Haine, in the strictest sense, it's progressive, incremental, step-by-step. Depending on one's point of view, one may regard it as progressive in the sense of increasing fairness and justice.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Haine.
Could -- could the Senator repeat that answer slowly again?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Senator Haine, I understand your question is whether or not this is truly a progressive penalty system. Is that right?
PRESIDING OFFICER: (SENATOR CROTTY) Senator Haine.
Yes, that is correct. A progressive penalty system is what you state in the analysis of your bill. And I would take that to be a liberal penalty system. But you're…
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. I'm sorry, Senator Haine, I thought you were finished. Senator Haine.
Is this the Chicago City Council here?
PRESIDING OFFICER: (SENATOR CROTTY) If it was, I'd use my gavel. Senator Haine, do you have a question for the sponsor? 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
Yes, Madam President. I want him to clearly state to this Body what kind of a penalty system this is. Is this going to be a liberal system? And describe what that is. He says progressive. Progressive means liberal, and we are not liberal in the State's attorney's profession.
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Senator Haine, this bill was introduced at the suggestion of Will County State's Attorney James Glasgow.
PRESIDING OFFICER: (SENATOR CROTTY) Oh! Senator Haine.
Is it improper for me to say, "whoopty do"? I'll just finish -- I'll just close with -- with this, my last question: Does this bill have hidden in it, in any way, any reference to the transportation of pets or animals?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: No, this bill has no reference to shark fins or lap dogs, or any other animal, domestic or wild.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Raoul, for what purpose do you rise?
A question or two or three or four for the sponsor.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Raoul. 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
You just made reference to animals. If the victim of the domestic battery is a miniature horse, what kind of penalty will there be?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: I don't believe that animals are within the purview of House Bill 4637.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Raoul.
And you said you're not dealing with international batteries, so is it AA batteries, AAA batteries, D batteries? What kind of batteries are we talking about? Rayovac?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: With all due respect, Senator, maybe you've been studying the bill regarding the banning of hearing aid batteries containing mercury.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Raoul.
Well, you know, I don't know how much respect you deserve with this bill. I -- I don't know how you feel about my sensitivity to penalty enhancements. I don't know how this slipped by us in Criminal Law Committee. This is an extreme penalty enhancement and I would ask that you take this out of 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 the record. Did you hear earlier that Senator Dillard has a bill dealing with the CLEAR Commission that -- to -- to -- to deal with bills like this that just gum up our Criminal Code? I have a piece of gum for you right here, 'cause you're gumming up our Criminal Code.
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Appreciate your generosity. Regarding the CLEAR Commission, this bill was amended at the suggestion of the Senate President to comport with the principles of the CLEAR Commission.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Raoul.
Can I -- can I suggest that you pull it out of the record, amend it again to delete all, and just present it as a delete all bill?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: No.
PRESIDING OFFICER: (SENATOR CROTTY) That's probably the shortest answer I've ever heard on the Senate Floor. Senator Raoul.
What position does the Illinois Hospital Association have on this bill?
PRESIDING OFFICER: (SENATOR CROTTY) 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Senator McGuire. SENATOR McGUIRE: By coincidence, I did run into Senator -- former Senator Wilhelmi in the last hour, but he did not express a -- an opinion regarding this bill, Senator.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Raoul.
To the bill.
PRESIDING OFFICER: (SENATOR CROTTY) To the bill.
You know, I'm saddened by Senator Wilhelmi's departure to the Illinois Hospital Association. He would not have done this to me as my law school classmate, as my seatmate, sneak through a penalty enhancement. You call it progressive. This is not progressive. This is a mask for tough on -- you're just trying to send a legislative newsletter out saying you're tough on crime. I encourage every Member of this Body to vote No on this bill and support the good work that Senator Dillard has done to clear up our Criminal Code of junk like this. This is a new guy. He doesn't know. Perhaps, he should've had his Page present this bill. Vote No on this bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Garrett, for what purpose do you rise?
I have a few questions for the sponsor.
PRESIDING OFFICER: (SENATOR CROTTY) State your questions. 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
Yes. Senator McGuire, are you somebody who does not believe in international trade?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: I do believe in international trade, Senator Garrett.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Garrett.
But then why are you pushing for domestic batteries?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Senator Garrett, perhaps you have fallen prey to the same confusion that our colleague, Senator Raoul, has fallen prey to.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Garrett.
Senator McGuire, are you for creating jobs in the State of Illinois and making sure that the State really is progressive for small businesses and entrepreneurs?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Yes, I am.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Garrett.
26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 To the bill.
PRESIDING OFFICER: (SENATOR CROTTY) To the bill.
I think this is a really confusing piece of legislation, and I'm really embarrassed that we have to address something like this in the last two weeks of our Session. The fact that he doesn't even know the difference between domestic and international trade, that he can't really answer any questions about jobs, and this is what the State is really looking for in our legislative Body, to make sure we have direction. I -- I -- I -- I'm amazed that he would even bring something forward like this. I urge everybody to vote No.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Millner, for what purpose do you rise?
Thank you, Madam President. A couple of questions for the sponsor of the legislation.
PRESIDING OFFICER: (SENATOR CROTTY) Sponsor will yield.
Senator McGuire, did you thoroughly research this bill prior to presenting it today?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: With the assistance of the Senate staff and the House sponsor, I did the best I could.
PRESIDING OFFICER: (SENATOR CROTTY) 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Senator Millner.
Well, could you answer the question that many people in this Body knows, but since you are -- you've done adequate research, what -- why do they call it a battery - a battery? As Senator Raoul said, we talked about power sources, but why is this called a battery?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Not having attended law school and not having a dictionary at hand, I confess I don't know why it's called battery.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Millner.
Well, you know what I have to say. I urge this Body to vote No, or ask the sponsor to pull this out of the record until he knows the definition of what a battery is and where it came from -- the origins of it. Thank you very much.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Noland, for what purpose do you rise?
Thank you, Madam President. I have just one question for the sponsor. Senator McGuire, the batteries that you're speaking of, are they designed to enhance domestic relations?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: This bill, if you choose to pass it, could serve to reduce 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 domestic batteries, and thus enhance domestic bliss.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Noland.
…very fine response, I might say. I would agree. And, therefore, I would fully support your bill, Senator. Thank you very much.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR CROTTY) Sponsor says he'll yield.
Senator McGuire, what is domestic battery?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: A battery against a family member or someone with whom one has a familial relationship.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
I'd like to thank your Page for answering that question -- or your -- our legislative assistant, excuse me, for answering the question that you did not know. What is battery?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 The offensive touching of another.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
Senator, your bill allows the touch -- the offensive touch of others to take place four times before you decide to do something?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: No. Four times before the enhanced penalty becomes available.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
So, a family member, friend, loved one, can abuse me three other times and it's okay with you, Senator?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Senator Lightford, I would never condone that.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
Then I'd like for you to take this bill out of the record until you make it strong enough to protect me and all the fine women here in the General Assembly from extensive abuse, Senator. Are you willing to take this out of the record and let us craft legislation that you can carry? 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Senator Lightford, as written, the bill, again, to use a much debated term, creates a progressive penalty system in which the first domestic battery conviction remains a Class A misdemeanor and then convictions two and three would remain as…
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
I yield to the…(microphone cutoff)…
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire, I'm sorry. SENATOR McGUIRE: Thank you. The fourth domestic conviction would be a Class 3 felony, carrying a potential term of two to five years. The fifth domestic battery conviction would be a Class 2 felony, carrying a potential term of three to seven years. Thus, the penalty for domestic battery convictions one through three would remain unchanged and consistent with the current law.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Lightford.
To the bill, Madam President. I rise in opposition of this legislation. I believe it's too -- it -- it's too lucrative in order for someone to constantly abuse women. And I know that you've never done it before, Senator. I know you're not an abuser. I know you're not a domestic battery individual. I see it in your eyes. But I want you to address this issue dead on 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 the first time, not the fourth time, Senator. So I encourage all of us to vote No until Senator McGuire really defines the definition of "domestic battery", knows what it mean without staff assisting him. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Sullivan, for what purpose do you rise?
Questions of the sponsor, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) Sponsor says he'll yield.
Senator McGuire, I think it's been pretty well documented that obviously your inexperience and lack of knowledge on this bill finds -- you know, has -- has identified many reasons why it shouldn't -- we should not support it. Senator Raoul certainly identified that, Senator Lightford as well. So, I want to talk about -- ask you some questions on a different -- take a little different angle here, not on the bill, but on you, yourself, and your experience, or lack thereof. What -- what are your qualifications to be a Senator?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: I have a Page today who's an eighth grader.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Sullivan.
Okay. That's first on your list. What -- what -- what other qualifications do you have? You know, your predecessor, 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Senator Wilhelmi, from Will County, he had -- it was Will County Day almost every day around here. With a name like McGuire, how could you ever follow in those footsteps and really do a -- an adequate job of representing Will County?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: I grant you that Senators Wilhelmi -- Senator Wilhelmi is a very difficult act to follow. I'm doing my best to try to rise above my shanty Irish origins.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Sullivan.
Senator McGuire, for that very reason, I think that you are qualified, because of those roots and that -- those Irish roots. But, unfortunately, we just cannot support this bill because you've -- because of your lack of -- of experience and understanding and you -- fact that you have to ask Pages for advice. It's just -- you know, those -- that criteria just doesn't work around here. So, unfortunately, I'm glad we have another member of the Irish Caucus, but, I'm sorry, we're just not going to be able to support your legislation.
PRESIDING OFFICER: (SENATOR CROTTY) Oh! Speaking of the Irish Caucus, Senator Maloney, for what purpose do you rise?
Thank you, Madam President. I -- I think now that all the aspiring comedians in this Chamber have tried out their gigs here, it's time to invoke the Dan Cronin rule. Thank you very 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 much.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Harmon, for what purpose do you rise?
Apparently against my own will, Madam President. I hadn't even lit my light yet, but I appreciate being recognized. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR CROTTY) Sponsor says he will.
Thank you, Madam President. Senator, I apologize, I have arrived late in the debate, but our legal counsel has pointed out what I -- I'm worried is a -- a horrible flaw in -- in your bill and I -- I need to inquire. The bill would prohibit domestic barratry. What's wrong with hiring a lawyer to represent you in domestic affairs?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: Senator Harmon, it would -- it would prohibit -- prohibit barratry?
PRESIDING OFFICER: (SENATOR CROTTY) Senator Harmon.
Yes, Senator. I'm -- I'm surprised you don't know what's in your own bill. I'm -- I'm reading from, I believe, a copy of Black's Law Dictionary, which responds -- defines barratry as the "vexatious incitement to litigation, especially by soliciting potential legal clients" - ambulance chasing, if you 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 will. But what's wrong with doing that in a domestic setting for heaven sakes?
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire. SENATOR McGUIRE: The mention of barratry in the bill is inadvertent. As a former English teacher, I apologize for that proofreading error.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Harmon.
I'm -- I'm worried we're actually trending down a path where people will vote against the bill, Madam President. I think -- I think perhaps I should end my questioning before I cause any additional problems.
PRESIDING OFFICER: (SENATOR CROTTY) Senator McGuire, to close. SENATOR McGUIRE: I appreciate the learned, insightful comments that have been offered on House Bill 4637. I've learned from each and every one of them, as I've learned from each and every one of you during my ten weeks here. And I ask for a -- a Yes vote on House Bill 4637.
PRESIDING OFFICER: (SENATOR CROTTY) The question is, shall Senate Bill -- House Bill 4637 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, 1 voting Nay, none voting Present. House Bill 4637, having received the required 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 constitutional majority, is declared passed. For all of those sitting in the gallery, this was Senator McGuire's first bill, and we usually treat our first bills in this manner. So, congratulations, Senator McGuire. Mr. Secretary, Messages from the House.
A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has -- has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2450. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 1 to Senate Bill 2450 and House Amendment 2 to Senate Bill 2450. Passed the House, as amended, May 16th, 2012. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Harmon, for what purpose do you rise?
Thank you, Madam President. For purposes of an introduction.
PRESIDING OFFICER: (SENATOR CROTTY) Make your introduction.
Thank you, Madam President. I'm joined in the Senate Chamber by some special guests today. I have with me on the Floor my Page for a Day, Maeve Prudence, a fifth grader from St. 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Edmund's, the parish of my baptism, in Oak Park. She is joined with -- by her family. Her brother, John, is up in the gallery - he was going to come down on the Floor, and might sneak down and see us here later - along with their parents, Mary and Geoff Prudence, from Oak Park. So please join me in welcoming them all to Springfield and to the Senate.
PRESIDING OFFICER: (SENATOR CROTTY) Welcome to the Senate Floor, Maeve. And will our guests in the galleries please rise? And welcome to the Senate. Now, we'll continue on House Bills 3rd Reading. House Bill 4662. Senator Dillard. Mr. Secretary, read the bill.
House Bill 4662. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Dillard.
Thank you, Madam President and -- and Members. Now that we're back to normal, I'll relax here. And this is an initiative of the Illinois State Bar Association. It is supported by the Bankers, as well as the Corporate Fiduciaries. And it's part of a package of bills to modernize Illinois trust law. For more than a couple of years, the Chicago Bar Association and the fiduciary -- Corporate Fiduciaries Association have worked on these changes. And many states throughout America have modernized their -- their -- their trust laws. This one deals with decanting. But we have copied some of the ideas of Delaware and New York. And one of the things we 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 want to do is to make sure that Illinois remains a viable place to have financial services. And this not only, obviously, helps the financial services industry, but it is a better way in a modern society to -- to -- to formulate and to actually have trusts evolve. And it's part of a four-bill package, supported by the State Bar Association. I know of no opposition and I would urge a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) The question is, shall House Bill 4662 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay. House Bill 4662, having received the required constitutional majority, is declared passed. House Bill 4663. Senator Silverstein. Senator Silverstein wishes to proceed. Mr. Secretary, read the bill.
House Bill 4663. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Silverstein.
Thank you, Madam President. As -- continuing with Senator Dillard, another trust bill, supported by the Illinois Bar Association and Corporate Fiduciary {sic} (Fiduciaries) Association. It creates the formation of a direct {sic} (directed) trust, which is a trust in which one or more advisors or directing parties may be appointed to exercise specific trust 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 powers.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 4663 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay. House Bill 4663, having received the required constitutional majority, is declared passed. The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The members of the Committee on Assignments will come to the President's Anteroom immediately. The Senate will stand at ease. (at ease) The Senate will come to order. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Appropriations II Committee - Motion to Concur on House Amendments 1 and 2 to Senate Bill 2450; refer to Criminal Law Committee - House Bill 196, House Bill 3499 and Floor Amendment 2 to House Bill 3825; refer to Education Committee - Floor Amendment 4 to House Bill 1466; refer to Executive Committee - Floor Amendment 3 to House Bill 506, Committee Amendment 1 to House Bill 1447, Committee Amendment 4 to House Bill 1554, Committee Amendment 1 to House Bill 1882, and Committee Amendment 1 to House Bill 3076; refer to Insurance Committee - Floor Amendment 3 to House Bill 4096; refer to Pensions and Investments Committee - Floor Amendment 4 to House Bill 1605; refer to Revenue Committee - Floor Amendment 2 to 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 House Bill 503; refer to State Government and Veterans Affairs Committee - Floor Amendment 1 to Senate Bill 351; Be Approved for Consideration - House Bill 3450 and Floor Amendment 1 to House Bill 5440. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR CROTTY) Ladies and Gentlemen, the following committees will be meeting to take up concurrence motions and Floor amendments. At 2:41 p.m. today, Executive will meet in Room 212. Revenue will meet at 2:41 p.m. today in Room 400. Appropriations II will meet in Room 212 at 3:31 p.m. today. Insurance will meet in Room 400 at 3:30 p.m. And at 3:30 p.m., also, State Government and Veterans Affairs will meet in Room 409. Senator Lightford, for what purpose do you rise?
Thank you, Madam President. For a point of personal privilege, please.
PRESIDING OFFICER: (SENATOR CROTTY) State your point.
Ladies and Gentlemen of the Senate, I'm happy to introduce to you a group of 4-H students representing the University of Illinois Extension 4-H program. They are in the President's Gallery, wearing green shirts. They represent Cook County 4-H program, the Illinois State 4-H Youth Leadership Team, and members of the Speaking for Illinois 4-H program. Please welcome them, along with one of my constituents, Sarafina Bassett, from Maywood. Please welcome them to the Illinois General Assembly. 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
PRESIDING OFFICER: (SENATOR CROTTY) Will our guests in the gallery please rise? Welcome to the Senate. Now, we'll continue to House Bills 3rd Reading on page 10. House Bill 4665. Senator Jacqui Collins. Mr. Secretary, read the bill.
House Bill 4665. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Collins.
Thank you, Madam President. House Bill 4665 directs the Task Force on Radon-Resistant Building Codes to make recommendations to the Governor and IEMA concerning the adoption of rules for radon-resistant construction in new residential construction by January 1st, 2013. The Task Force was established in 2009, but with no report-by date or sunset date. So the establishment of a due date of January 1st, 2013, will allow the Task Force to focus its work and bring about an end date for the project. I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? Senator Righter, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR CROTTY) She says she will. 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
Thank you. Senator Collins, I am -- I'm looking at -- and I'll tell you, I'm looking not at the actual language, but I am looking at a -- a synopsis that refers to a provision that requires new residential constructions to include passive radon- resistant construction. My first question is, is that still in the bill, and if it is, what is that?
PRESIDING OFFICER: (SENATOR CROTTY) Senator Collins.
Are you asking whether or not it's requiring all new residential -- or new construction to have radon prevention -- or protections - built-in systems? Yes.
PRESIDING OFFICER: (SENATOR CROTTY) Senator…
I believe that…
PRESIDING OFFICER: (SENATOR CROTTY) Senator Collins.
I believe that's correct. Yes.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Righter.
You -- you believe it's in the bill?
PRESIDING OFFICER: (SENATOR CROTTY) Senator Collins.
That was the original intent of the Task Force. 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
PRESIDING OFFICER: (SENATOR CROTTY) Senator Righter.
Okay. You -- you described it -- I'm sorry, Senator, I want to be clear. You described a Task Force.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Collins.
It was a part of the original legislation that passed in 2009, so that didn't change. All this does is put in a sunset date -- or a report-by date of January 1st, 2013. So that's nothing new in this. It was already a part of the Task Force legislation that passed out -- or signed into law in 2009.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Righter.
Okay, I -- I guess -- you've referred to a Task Force in -- in your comments on the bill. What I'm asking is, does the bill, as you're sponsoring it now, contain a provision that would require new residential construction to have this radon- resistant construction?
PRESIDING OFFICER: (SENATOR CROTTY) Senator Collins.
The statute as it exists already contains that requirement. All this does is establish a report-by date of January 1st, 2013.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Righter. 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
Thank you. I have a copy. She answered my question. Senator, thank you very much. Appreciate it.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any other discussion? There being none, the question is, shall House Bill 4665 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 1 voting Nay, and none voting Present. House Bill 4665, having required {sic} the constitutional majority, is declared passed. Now, House Bill 4673. Senator Muñoz. Mr. Secretary, read the bill.
House Bill 4673. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Muñoz. SENATOR MUÑOZ: Thank you, Madam President, Ladies and Gentlemen of the Senate. The bill amends the FOID Card Act to allow an active law enforcement officer who has sought mental health treatment to be eligible to receive a FOID Card. Under current FOID Card Act, an active law enforcement officer does not need a FOID Card in order to possess a firearm; however, the Chicago Police Department has an internal policy that requires its officers to obtain a valid FOID Card. Currently, any person who has been a patient in a mental institution within the past five years or 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 has been adjudicated as a mental defective is prohibited from obtaining a FOID Card. Accordingly, an officer who seeks mental health treatment is no longer eligible for a FOID Card and will lose pay status. This bill is an initiative of the Fraternal Order of Police, which only applies to the City of Chicago. I know of no opposition and I will answer any questions.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? Senator Lauzen.
Thank you. A question for the sponsor. Would he yield?
PRESIDING OFFICER: (SENATOR CROTTY) State your question.
Okay. Have there been any circumstances with any of those provisions - the thirty days or the five years? Has there been any circumstances where unfortunately some bad thing has happened because these laws are in place?
PRESIDING OFFICER: (SENATOR CROTTY) Senator Muñoz. SENATOR MUÑOZ: None, whatsoever, Senator. And I'll tell you why this bill -- why we're amending this Act. This only applies -- throughout law enforcement in the State of Illinois, only the City of Chicago, and it might also be Harvey, that you need a FOID Card to work as a police officer - for the City of Chicago and possibly Harvey. No other law enforcement agency in our State does that apply to. This is for officers that might want to go ahead and -- for thirty days - maybe they feel they might have a drinking problem. Well, the fact is, if they go ahead and do a 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 voluntary -- submit themselves to their commanding officer and say, listen, I think I need some treatment. Well, automatically their FOID Card comes off. And until they get -- they have to go to a doctor and be screened, and then they can come back, and then, only then, will their commanding officer say that they're ready to go, and then it goes back to the State police. The State police will reissue that FOID Card. That's all this bill is about, Senator.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any other discussion? There being none, the question is, House Bill 4673 should pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye and none voting Nay. House Bill 4673, having received the required constitutional majority, is declared passed. Now, on House Bill 4674, Senator Cullerton. Out of the record. House Bill 4682. Senator Harmon. Out of the record. House Bill 4687. Senator Dillard. Senator Dillard wishes to proceed. Mr. Secretary, read the bill.
House Bill 4687. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Dillard.
Thank you, Madam President and Members. This is an agreed bill that seeks to correct a loophole in the Open Meetings Act 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 to ensure that governmental entities provide the public with an agenda that includes the general subject matter of any resolution or ordinance that will be the subject of final action at public meetings. It's been worked upon, agreed upon, and it's something that alerts the public to what our local units of government are doing. And I'd appreciate a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? Senator Garrett, for what purpose do you rise?
I'd like to address the sponsor. I just have a question. What was the problem? Was that provision not included in the original…?
PRESIDING OFFICER: (SENATOR CROTTY) Senator Dillard.
Correct. There was not really a requirement that -- and, you know, now almost every local unit of government -- in fact, they're all online. But there was just no real requirement as to how specific they needed to be to the public of what they were going to discuss that would be final action. And this just says that you have to have a - and the language has been worked upon, amended, and looked at by every entity that's out there - but a general notice, if you're going to have and take final action, as to generally what's going to be discussed so that -- that people who follow their units of local government know what they're going to be acting upon. But, yes, the answer to your question is yes. There really was nothing. 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? No further discussion? The question is, shall House Bill 4687 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay. And House Bill 4687, having received the required constitutional majority, is declared passed. Now, on House Bill 4689, Senator Pankau. Senator Pankau wishes to proceed. Mr. Secretary, read the bill.
House Bill 4689. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Pankau.
Thank you, Madam President. House Bill 4689 amends the Consumer Fraud and Deceptive Business Practices Act. And basically, it includes credit slips, issued by a store to a customer who's returning goods, to be considered under the term of gift certificates, and those rules would apply to it as well as regular gift certificates. This was inadvertently left out a couple of years ago when we passed the gift certificate law. And I ask for your favorable approval.
PRESIDING OFFICER: (SENATOR CROTTY) Is there any discussion? There being none, the question is, shall House Bill 4689 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay. And Senate Bill -- Oh! House Bill 4689, having received the required constitutional majority, is declared passed. The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The members on the Committee on Assignments will come to the President's Anteroom immediately. The Senate will stand at ease. (at ease) The Senate will come to order. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been -- have been assigned: Re-refer to Executive Committee - Floor Amendment 1 to House Bill 5440. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR CROTTY) Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: Point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR CROTTY) State your point. SENATOR MUÑOZ: Madam President, Ladies and Gentlemen of the Senate, I have a good friend for many years, Ron Garcia, who is from my first district when I got here, from the Little Village area - Ron Garcia - and he brought his nephew, Mario Ayala. Mario Ayala just graduated from Loyola University with a communications degree. So if we can welcome them, I'd really appreciate it.
PRESIDING OFFICER: (SENATOR CROTTY) 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Welcome to the Senate Floor. Ladies and Gentlemen, the following committees will be meeting to take up Floor amendments. And that's the Executive Committee will be meeting in Room 212 at 3:02 p.m. today. The Senate will stand at recess to the call of the Chair. After committee meetings, the Senate will reconvene to receive committee reports and other matters not requiring Floor action. There will be no Floor action until the Senate convenes at the hour of 10 a.m. on the 17th of May, 2012. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SULLIVAN) Senate will come to order. Mr. Secretary, Committee Reports.
Senator Raoul, Chairperson of the Committee on Pensions and Investments, reports House Bills 3865 and 5495 Do Pass, as Amended. Senator Harmon, Chairperson of the Committee on Executive, reports Senate Bill 1565 Do Pass; and House Bills 2083, 4445 and 5203 Do Pass; House Bills 1447, 1554, 1882 and 3076 Do Pass, as Amended; and House Joint Resolution 84 Be Adopted; Senate Amendment 3 to House Bill 506 and Senate Amendment 1 to House Bill 5440 recommended Do Adopt. Senator Hutchinson, Chairperson of the Committee on Revenue, reports Senate Bill 3595 Do Pass; and Senate Amendments 1 and 2 to House Bill 503 recommended Do Adopt. Senator Kotowski, Chairperson of the Committee on 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 Appropriations II, reports a Motion to Concur with House Amendments 1 and 2 to Senate Bill 2450 recommended Do Adopt. Senator Jacobs, Chairperson of the Committee on Energy, reports House Bill 4559 Do Pass, as Amended; and Senate Joint Resolution 72 Be Adopted, as Amended; and Senate Amendment 3 to House Bill 5814 recommended Do Adopt. Senator Haine, Chairperson of the Committee on Insurance, reports Senate Amendment 3 to House Bill 4096 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Messages from the House.
A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1286. (Secretary reads title of bill) Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 1286 and House Amendment 7 to Senate Bill 1286. We have received like Messages on Senate Bill 2524, with House Amendment No. 1; and Senate Bill 2937, with House Amendment No. 1. Passed the House, as amended, May 16th, 2012. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) There being no further business to come before the Senate, 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day 5/16/2012 the Senate stands adjourned until the hour of 10 a.m. on the 17th day of May, 2012. The Senate stands adjourned. 52