Illinois Senate Floor Debate — May 22, 2012

PRESIDING OFFICER: (SENATOR LIGHTFORD) The regular Session of the 97th General Assembly will please come to order. Will the Members be -- please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by David Diestelkamp, Westside Church of Christ, Aurora, Illinois.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please remain standing for the Pledge of Allegiance. Senator Jacobs.

(Pledge of Allegiance, led by Senator Jacobs)

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator Hunter. 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.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Mr. Secretary, Resolutions Consent Calendar. Ladies and Gentlemen of the Senate, we will begin our day with 2nd Readings, followed by 3rd Readings. Ladies and Gentlemen, will you please come to the Senate Floor for Floor action? We will begin moving 2nd Readings shortly and will progress into 3rd Readings. Members please come to the Senate Floor. Ladies and Gentlemen of the Senate, we will begin on page 20 of the Calendar, the Order of House Bills 2nd Reading, beginning with House Bill 587. Senator Hutchinson. Senator Hutchinson. Out of the record. House Bill 1645. Senator Hutchinson. Senator Hutchinson. Out of the record. House Bill 3372. Senator Noland. Senator Noland. Out of the record. House Bill 3611. Senator Koehler. Senator Koehler. Out of the record. At the top of page 21, continuing with House Bill 4022. Senator Hutchinson. Senator Hutchinson. Out of the record. House Bill 4096. Senator Martinez. Oh, excuse me. Senator Kotowski. Senator Kotowski. Out of the record. Senator Schoenberg, for what purpose do you rise?

2  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 I rise on a point of personal privilege.

PRESIDING OFFICER: (SENATOR LIGHTFORD) State your point, Senator.

Madam President, if I can indulge the -- the Chair and the Members of the Senate, I rise for two -- for a dual purpose this morning. First, I'd like to introduce you to my trusted aide- de-camp, my Page for the Day, Leah Hurwitz. Some of you may recall having met her sister, Sadie, three years ago during the many Evanston Days that we had here in the Illinois Senate. Not -- yes, another one. And like her sister, Leah is a student, an exceptional student, no less, at Orrington School at Evanston. She's a dancer, like -- just like my daughter. She likes history, the Civil War period and the World War II period. She wants to travel, especially to Japan, which is one of the few languages that Senator Frerichs does not speak, and she likes to cook as well. Her goals are to go to Japan and to join the debate team. So, first, let's please give Leah a warm Senate greeting. And she's joined by her father, Scott, who's in the gallery directly behind the President's Podium.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen, please welcome our guests. And will our guests in the galleries please rise and also be welcomed by the General Assembly? Senator Schoenberg, for what purpose do you rise?

Thank you, Madam President and Ladies and Gentlemen of the Senate. I have a second point of personal privilege as well. I'm joined today by a wonderful group of students from - they're 3  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 not from Evanston, but we love them just the same - from Marie Murphy Junior High in Wilmette. They're in the gallery directly behind the Democratic side of the aisle. Can we please give them a warm Senate greeting as well? Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois General Assembly. Please rise, please rise and be welcomed to the Illinois General Assembly. Ladies and Gentlemen -- well, Senator Bomke, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please rise and be welcomed to the Illinois General Assembly. And a very happy birthday to you. Senator Martinez, on House Bill 4096. She indicates she wish to proceed. Mr. Secretary, are there any Floor amendments approved for consideration? Mr. Secretary, please read the bill.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Martinez.

Thank you, Madam President and Members of the Senate. Amendments No. 1 and 3 just bring more clarification to the bill. And I'll happy -- I'll be happy to discuss the whole entire bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senator Sandoval, on House Bill 4444. Senator Sandoval, 4444. Out of the record. With leave of the Body, we will return to House Bill 4609. Senator Sandoval, on House Bill 5101. Out of the record. Senator Dillard, on House Bill 5203. Senator Dillard. Out of the record. Senator Althoff, on House Bill 5264. Senator Althoff. Out of the record. House Bill 5341. Leader Clayborne. House Bill 5341. Leader Clayborne. Out of the record. Leader Muñoz, House Bill 5  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 5528. Leader Muñoz, on House Bill 5528. Out of the record. Senator Mulroe, on House Bill 5823. Out of the record. Senator Righter, on House Bill 5914. Senator Righter. Out of the record. Hi, Leader Radogno. For what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Absolutely. Please state your point.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please welcome Congressman Hultgren to the General Assembly. Nice to see you back here. Ladies and Gentlemen of the Senate, if I can bring your attention to a point of announcement: I'd like to remind everyone that today is the deadline for filing Floor amendments. If you have Floor amendments that you'd like assigned and heard before our House Bills 3rd Reading deadline, which is this Friday, you have until 3 p.m. today to file them. You have until 3 p.m. today to file final Floor amendments for House Bills 3rd Reading deadline. Thank you. Ladies and Gentlemen of the Senate, with leave of the Body, we will be returning to page 20, on the Order of House Bills 2nd Reading. Senator Koehler, on House Bill 3611. He indicates he wish to proceed. Mr. Secretary, please read the bill.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Ladies and Gentlemen of the Senate, with leave of the Body, we will be returning to page 21, the middle of the page on 21. Senator Dillard, on House Bill 5203. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Ladies and Gentlemen of the Senate, please turn your Calendars to page 14, on the Order of House Bills 3rd Reading on page 14. Senator Link, on House Bill 5104. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.

Thank you, Madam President. House Bill 5104 amends the Physician's {sic} (Physician) Assistant Practice Act. Removes outdated, unnecessary language regarding the employment of physician's assistants by the Department of Corrections and the Department of Human Services. Allows a physician supervisor up to five full-time physician's assistants. Permits a -- physician's assistants to provide services in a hospital, hospital affiliate, or an ambulatory surgical treatment center without a written supervise -- supervision agreement so long as the physician assistant is granted clinical privileges by a hospital, hospital affiliate, or ambulatory surgical treatment center. Be more than happy to answer any questions. I know of no opposition to this.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 5104 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5104, having received the required constitutional majority, is declared passed. Senator Haine, for what purpose do you rise?

Point of personal privilege, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator. 8  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

Madam President and Ladies and Gentlemen of the Senate, I want to call your attention to one of our distinguished colleagues. Today, May 22nd, is his seventy-eighth birthday - Senator Ed Maloney. Oh! I'm sorry, sixty-sixth birthday. Senator Ed Maloney. Many years of service to the people.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Happy birthday, Senator Maloney. Senator Muñoz, on House Bill 5109. Leader Muñoz. Out of the record. House Bill 5111. Out of the record. Senator McGuire, on House Bill 5114. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McGuire. SENATOR McGUIRE: Thank you, Madam President. House Bill 5114 is a permissive bill, which was amended in committee at the behest of committee members. Current statute allows school districts, if they so choose, to provide safety education to their students, and House Bill 5114 would add instruction in CPR and the use of an -- automated external defibrillator to that list of subjects which a district may instruct its students in the use of.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator McCarter, for what purpose do you rise? 9  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 SENATOR McCARTER: To the bill, please.

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator. SENATOR McCARTER: I just wanted everybody to know that Senator McGuire brought this to the Education Committee as a -- as a mandate originally, but -- I do appreciate him listening to the committee and making this something that schools can choose to be a part of, because it is an important issue, and he's made it a very good bill. So I encourage an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Senator McGuire, to close. Senator McGuire, would you like to close? SENATOR McGUIRE: Thank you, Senator McCarter. And I ask for a -- a affirmative vote on House Bill 5114.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5114 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 Yea, 0 voting Nay, 0 voting Present. House Bill 5114, having received the required constitutional majority, is declared passed. Senator Althoff, on House Bill 5115. Senator Althoff. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 5115 pass. All those in favor will vote Aye. Opposed, 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 54 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5115, having received the required constitutional majority, is declared passed. Senator Sandoval, for what purpose do you rise?

Good -- good morning, Madam President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Good morning, Senator. Please state your point.

Thank you, Madam President and Members of the Senate. I've got two young Latino leaders who are here visiting with me 11  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 today, and they are two future leaders of the community in Aurora. Joining me this morning is Barbara Hernandez, the Assistant Chief of Staff to Representative Chapa LaVia, who's attending Waubonsee Community College, and José Ramos, another one who attends -- a student who attends Waubonsee Community College, who is an intern in Representative Chapa's {sic} Senate district. These are two young Latino leaders who are assisting us with our initiatives and spreading the word in Aurora. (Remarks in Spanish) Let's give them a warm welcome.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please welcome Senator Sandoval's guests to the Illinois General Assembly. Ladies and Gentlemen, on the Order of House Bill 5121. Senator Haine. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

Thank you very much, Madam President and Ladies and Gentlemen of the Senate. This bill amends the Unified Code of Corrections, capping the amount of good time someone may receive for a -- for acts of terrorism -- or attempts to commit terrorism, bringing it into line for attempts to -- to commit first degree murder. There's no opposition to the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, 12  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 shall House Bill 5121 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5121, having received the required constitutional majority, is declared passed. Senator Haine, on House Bill 5122. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

Yes, Madam President, Ladies and Gentlemen of the Senate, this adds the offense, to the Criminal Code, of abuse of a corpse. It -- it mandates that someone who's dead, a body, should remain until the coroner comes upon the scene, especially accompanied by police officers, to determine cause of death and to preserve a -- a crime scene.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5122 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 Yea, 0 voting Nay, 0 voting Present. House Bill 5122, having received the required constitutional majority, is declared passed. Senator 13  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 LaHood, on House Bill 5134. Out of the record. Senator Trotter, on House Bill 5142. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Trotter.

Madam President and Members of the Senate, Senate {sic} Bill 5142, as amended, is a recommendation of the Riverside Medical Center. And it amends the Emergency Medical Service {sic} (Services Systems (EMS)) Act to change the statutory requirements for a Freestanding Emergency Center. Essentially, what it does is, it just changes the date in which the permits have to be approved from -- to 1/2015 from 1/2014.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 5142 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 Yea, 0 voting Nay, 0 voting Present. House Bill 5142, having received the required constitutional majority, is declared passed. Senator Bivins, on House Bill 5145. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Bivins.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 5145 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 Yea, 0 voting Nay, 0 voting Present. House Bill 5145, having received the required constitutional majority, is declared passed. Senator Schoenberg, on House Bill 5180. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Schoenberg.

15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 5180 is a commonsense measure that requires the Department of Transportation to develop and publish a policy that specifically notifies the public on the beginning of construction projects. This is in direct response to a constituent of Representative Mathias who is a small business owner and felt that there was a lack of clear direction on what to expect during a road project. This policy should be completed and published on IDOT's website by January 1st, 2013. I know of no opposition to this bill. I urge your favorable support.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5180 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5180, having received the required constitutional majority, is declared passed. Senator Forby, for what purpose do you rise?

I'd like to be voted as a Yes on that bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Absolutely, Senator. Please record Senator Forby as an Aye. Senator Link, on House Bill 5187. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Link.

Thank you, Madam President. House Bill 5187 amends the Rights of Crime Victims and Witness {sic} (Witnesses) Act and provides that any law enforcement agency must provide the crime victim with a written statement and explanation of rights of a victim within forty-eight hours of initial contact with the victim. The bill also provides that when a defendant has been - - a defendant has been committed to the Department of Human Services, the crime victim may request to be notified of -- of any on-grounds or off-grounds passes given to the defendant, as well as the defendant's release, escape, or death. I know of no opposition to this bill. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5187 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5187, having received the required constitutional majority, is declared passed. Senator Dillard, on House Bill 5189. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dillard.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5189 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5189, having received the required constitutional majority, is declared passed. Senator Haine, for what purpose do you rise?

Point of personal privilege, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) State your point, Senator.

I would ask the record to reflect that on House Bill 5180, I intended to vote Aye. I couldn't make it back in time to cast my vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Absolutely. The record will reflect your request, Senator. Senator Harmon. At the top of page 15, Ladies and Gentlemen of the Senate, on House Bill 3rd Reading, House Bill 5190. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Harmon.

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 5190 is identical to Senate Bill 3813, which the Chamber passed without any Nay votes earlier in the year. This bill passed the House first and so I'd like to advance it. Just as a reminder, this is the bill that makes it unlawful to file a fraudulent financing statement under Article 9 of the Uniform Commercial Code. Believe it or not, there's a cottage industry in harassing filings under the Commercial Code. I am not aware of any opposition. I believe that there's a question for legislation intent pending, but I'm not aware of any opposition and I ask for your Aye votes.

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

For question of the sponsor.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 The sponsor indicates he'll yield. Senator Frerichs.

Senator Harmon, where the term "regulated financial institution" is used in Section 9-501.1(k), does that term include farm credit services entities?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.

Yes, it does.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon, would you like to close? The question is, shall House Bill 5190 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5190, having received the required constitutional majority, is declared passed. Leader Link, on House Bill 5195. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.

Thank you, Madam President. House Bill 5195 amends the Illinois Finance Authority Act to ensure that energy efficiency projects in connection with any school district or community 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 college district projects the consistency {sic} with -- with Illinois School -- Power Agencies {sic} (Agency) Act falls within the definition of energy conservation projects. Know of no opposition and respectfully ask for a affirmative vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5195 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5195, having received the required constitutional majority, is declared passed. Senator John Jones, on House Bill 5207. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator John Jones.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5207 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 21  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5207, having received the required constitutional majority, is declared passed. President Cullerton, on House Bill 5210. Out of the record. Senator Koehler, on House Bill 5211. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.

Thank you, Madam President, Members of the Senate. This is a bill from the Attorney General's Office. It amends the Consumer Fraud and Deceptive Business Practices Act. And really what it does is it eliminates unlawful phone bill cramming. There was an amendment that was agreed upon by all parties, making it an agreed-upon bill, which does define what legitimate charges are pertaining to your phone bill. But I know of no opposition and be happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 5211 pass. All those in favor will vote Aye. Opposed, Nay. Excuse me, Senator Sandack, did you want to speak? Okay. 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 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 record. On that question, there are 54 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5211, having received the required constitutional majority, is declared passed. Senator Sandack, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Good morning, Senator. State your point.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois General Assembly. Please rise. Leader Crotty, on House Bill 5212. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Crotty.

Thank you, Madam President. House Bill 5212 amends the 23  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Prevailing Wage Act by providing that any public body or other entity may satisfy its responsibility to notify contractors of changes to the prevailing wage by writing, in all contracts, the prevailing wage rates are subject to revision by the Illinois Department of Labor and that those updated rates are available on the Department's website.

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

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator Cultra. Is there any other discussion? The question is, shall House Bill 5212 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5212, having received the required constitutional majority, is declared passed. On the Order of House Bills 3rd Reading, House Bill 5221. Senator Silverstein. Leader Silverstein. He indicates 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Silverstein.

Thank you, Madam President. This amends the Income Withholding (for) Support Act. The Act requires employers to withhold income from an employee when ordered by court for payment of maintenance and/or support. The bill sets a ceiling of ten thousand dollars as the most an employer can incur in penalties for not withholding wages for a single case.

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

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, the question is, shall House Bill 5221 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5221, having received the required constitutional majority, is declared passed. Senator Raoul, on House Bill 5233. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 5233 amends the Illinois Food, Drug and Cosmetic Act to make it unlawful to distribute or possess with intent to distribute a misbranded synthetic drug product or drug or falsely advertise any synthetic drug product or drug. Manufacturers and distributors label these products as "not for human consumption" to avoid criminal liability, but these products are intended to be ingested, injected or inhaled. Currently, the Controlled Substances Act criminalizes the manufacture, distribution, and possession of synthetic drugs, but the law is silent to misbranding or falsely advertising these products. This bill is an initiative of the Illinois Attorney General's Office.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 5233 pass. All those in favor 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5233, having received the required constitutional majority, is declared passed. Senator Rezin, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please welcome Senator Rezin's guest to the Illinois General Assembly. Senator Emil Jones, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Happy birthday, Senator Hutchinson. On the Order of House Bills 3rd Reading, House Bill 5234. Senator Althoff. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5234 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 Yea, 0 voting Nay, 0 voting Present. House Bill 5234, having received the required constitutional majority, is declared passed. Senator 28  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Mulroe, on House Bill 5235. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.

Thank you, Madam President, Members of the Senate. This is a -- this bill's an initiative of the -- Attorney General's Office. It amends the offenses related to child pornography. The bill removes two separate offenses of aggravated child pornography and child pornography and creates a single offense of child pornography. Additionally, the -- the bill maintains enhanced penalties and fines if the child depicted is under thirteen years old. The bill specifies that whether the child depicted is under thirteen is an element that should be determined by the trier of fact. I'd be happy to answer any questions. I'd ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5235 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5235, having received the required constitutional majority, is declared passed. Senator Luechtefeld, on House Bill 5237 {sic}. Mr. Secretary, gentleman 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 indicates he wish to proceed. Please read his bill. 5236. House Bill 5236.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5236 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5236, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to House Bill 5248. Leader Clayborne, House Bill 5250. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Clayborne.

Thank you, Madam President, Members of the Senate. House Bill 5250 amends the Controlled Substances Act to create a penalty structure based upon the amount in the offender's possession for the offense of manufacturing or delivery of any substance containing hydrocodone, two others, along with oxycodone. Currently, the default penalty for dealing the most common forms of these substances is a Class 3 felony regardless of the amount the defendant has in his possession. So we're enhancing these because these prescription drugs are leaving the pharmacies by the thousands.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5250 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5250, having received the required constitutional majority, is declared passed. Senator Millner, on House Bill 5265. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Millner.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5265 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5265, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, please turn your Calendars to the top of page 16, on the Order of House Bills 3rd Reading. Senator Millner. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Millner.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5266 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5266, having received the required constitutional majority, is declared passed. Senator Jacqui Collins, on the Order of House Bill 5278. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Collins.

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 5278 amends several statutes concerning 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 human trafficking offenses. First, the bill provides that when a victim is under eighteen at the time of the offense, a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking may be commenced within one year after the victim turns eighteen. Additionally under House Bill 5278, the limitations period may not expire earlier than three years after the offense was committed. Currently, prosecution for any one of these offenses must be brought within three years of the commission of the crime. Second, the bill defines "serious harm" in the provision related to trafficking and involuntary servitude. Currently, the statute does not define this term. And, third, the bill redefines "involuntary servitude" to include as a factor using any scheme, plan, or pattern to cause the person to believe that, if the person did not perform the labor or services, that person or another person would suffer serious harm or physical restraint. House Bill 5278 is an initiative of the Cook County State's Attorney. I would ask for your support on the passage of this legislation.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator Collins. Is there any discussion? Seeing none, the question is, shall House Bill 5278 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5278, having received the required constitutional majority, is declared passed. Senator Silverstein, for what purpose do you rise?

34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Just a point. Would the record reflect that I should be voting Yes on Senate {sic} Bill 5266, please.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The record will reflect. Thank you, Senator. Senator Mulroe, on House Bill 5280. The gentleman indicates he wish to proceed. Mr. Secretary, please read his bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.

Thank you, Madam President, Members of the Senate. This is an initiative of the Attorney General's Office. It amends the Sex Offender Registration Act to include in the definition of a "sexual predator" any defendant convicted of luring a minor, and that would require the defendant to register as a sexual predator after being convicted for a first offense of luring a child. Currently, the law requires two convictions before they're registered -- or -- or are required to register under the Sex Offender Registration Act.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5280 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 Yea, 0 voting Nay, 0 voting Present. House Bill 5280, having received the 35  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 required constitutional majority, is declared passed. Senator Sullivan, on House Bill 5283. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Sullivan.

Thank you, Madam President, Members of the Senate. 5283 amends the Illinois Finance (Authority) Act. It allows the State Fire Marshal to allow brush trucks to be a part of the Revolving Loan Fund for fire departments. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Leader Sullivan. Is there any discussion? Seeing none, the question is, shall House Bill 5283 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5283, having received the required constitutional majority, is declared passed. Leader Muñoz, on House Bill 5288. Out of the record. House Bill 5289. Out of the record. Senator Steans, on House Bill 5290. Senator Steans. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

House Bill 5290 is in -- really a trailer bill to a bill that was passed a while ago establishing anti-bullying policies in schools. This is now -- some schools had, in fact, just done a one-line anti-bullying policy. This is now just setting out elements that need to be included in the school's anti-bullying policy. Given what problems we are experiencing with bullying throughout the State, I very much urge an Aye vote.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) She indicates she'll yield. Senator McCarter. SENATOR McCARTER: Senator, there's been discussions about a -- an opt-out provision. And I know that an amendment was filed recently that said that "No student or school employee shall be required to attend or participate in any bullying program, activity, assembly, or event that may infringe upon his or her free" -- "free expression or contradict his or her personal, moral, or religious beliefs." Is that something you plan on adding to this legislation?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Senator Steans.

We had already had discussions on this and we did make amendments in keeping and working with a variety of groups. We're not entertaining this amendment.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: So -- so make it -- I -- I just want it to be very clear - you have no intention of including the opt-out in this legislation.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

There is an opt-out already within. Any individual student is allowed to opt out of various activities under federal Religious Freedom Restoration Act, the First and Fourteenth Amendment. Any student can already opt out for reasons of religion, if they so choose. We don't need an additional opt- out amendment.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: Is that opt-out you're talking about federal law or -- or a State statute?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

Federal law, and it applies here as well. 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: To the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator. SENATOR McCARTER: Ladies and Gentlemen, you know, I know we can all remember the times we've passed bills in this Chamber just so we can comply with federal law. I mean, think about that. We do it all the time. Why, then, wouldn't we be willing to put that in this legislation, if it's so very clear that it's federal law and that it applies? You know, this -- we're -- we're all against bullying. But the first time, we -- we -- we passed a bill that said bullying shouldn't be allowed. The next time, we came forth with a definition for "bullying". Now we're going even further to tell institutions exactly what a bullying -- anti-bullying program should be. This is wrong, because there are anti-bullying programs that have an agenda to protect only one class of individuals. And until this legislation has the opt-out on it and -- so that it does comply with the federal law, I suggest that there be a Present vote by those that have a concern with this. The amendment is filed and it's waiting for the sponsor to attach to the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator -- for further discussion? Senator Pankau, for what purpose do you rise? Out of the record. Senator Dillard, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans, to close.

Thank you, Madam Chair {sic}, Members of the Committee {sic}. Doing this bill was a -- one of the recommendations of the school's bullying task force that included administrators, teachers, parents, many folks from around the State. We've had regional superintendents write to us about the need - particularly from downstate areas as well - write to us about the need for clarification and tools to prevent anti-bullying {sic}. This is a growing problem in the State. Over fifty-two percent of students in Illinois say they have been verbally harassed, and another -- a quarter of students around the State expressed the fact that they have been physically harassed or 40  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 assaulted in the schools. This bill is simply identifying what elements need to be included in a policy. It still gives schools entire discretion about how they actually design those policies. We very much worked with the religious groups to come up with an amendment. Thought we had an agreement. We have put -- made that amendment already in this bill. They came back later with an amendment that we think is not constitutional, does not go along with federal law, and that had not been agreed to at the table when we had gotten to an agreement. So I would urge an Aye vote. We need to do what we can to ensure schools have the tools to prevent bullying. Thank you very much.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5290 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 29 voting Yea, 12 voting Nay, 12 voting Present. House Bill 5290, have not receive -- have failed to receive the required constitution majority, is declared failed. Senator Steans, for what purpose do you rise?

Just to request to put it on Postponed Consideration, please.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The bill will be placed on Postponed Consideration - House Bill 5290 on Postponed Consideration. Senator LaHood, on House Bill 5314. He indicates he wish to proceed. Mr. Secretary, please read the…

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator LaHood. SENATOR LaHOOD: …you -- thank you, Madam President and Members of the Senate. This bill today, House Bill 5314, amends the Security Deposit Return Act to allow itemized damage settlements to be delivered via e-mail as long as the e-mail address can be verified by the renter. Essentially, this legislation would alleviate the expenses associated with security deposit returns by using e-mail, as long as it can be verified for notification. I know of no opposition.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5314 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 Yea, 1 voting Nay, 0 voting Present. House Bill 5314, having received the required constitutional majority, is declared passed. House Bill 5315. Out of the record. House Bill 5319. Senator Koehler. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.

Thank you, Madam President, Members of the Senate. This bill is a recommendation of the Illinois Association of Wastewater Agencies. And what it does is it gives sanitary districts the ability to sell its byproduct of their treatment processes for clean water, but not drinking water, to consumers. Usually, it's large-scale manufacturing facilities or manufacturers, who would then use the water in their factories for industrial purposes. Know of no opposition. Appreciate a Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5319 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5319, having received the required constitutional majority, is declared passed. Senator Koehler, on House Bill 5321. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.

43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Thank you, Madam President, Members of the Senate. This amends the Capital Development Board Act to require that all contract administration fees used to administer contracts associated with the projects by the Architect of the Capitol shall be deposited in the Capitol Restoration Trust Fund, and extends the sunset date for the Capital Development Board to charge contract administration fees from June 30th, 2012 to June 30th, 2013 {sic} (2016). Appreciate a Aye vote on this.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5321 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5321, having received the required constitutional majority, is declared passed. Senator Sullivan, on House Bill 5330. Indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Sullivan.

Thank you, Madam President, Members of the Senate. House Bill 5330 does three things. It ensures the Prisoner Review Board has all the information it needs when deciding whether to -- to parole indeterminately sentenced inmates. Second thing it 44  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 does is streamline service -- it streamlines the service of the sexually violent -- violent person's petitions. And then finally, it requires offenders to have made some progress in treatment before petitioning the courts to release them. This is an initiative of the Attorney General. Passed the House with unanimous support. I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5330 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5330, having received the required constitutional majority, is declared passed. Senator Althoff, on House Bill 5336. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) She indicates she will. Senator Cultra.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cultra.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cultra.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Senator -- Senator Althoff, to close.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5336 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5336, having received the required constitutional majority, is declared passed. Senator Jacqui Collins, for what purpose do you rise?

Thank you, Madam President. Let the record reflect that if 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 I had voted, or if there was reciprocity with my seatmates, I would have voted Yes on House Bill 5330. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The record will reflect, Senator. Senator Bivins, on House Bill 5337. Out of the record. Ladies and Gentlemen, please turn your Calendars to the top of page 17, on the Order of House Bills 3rd Reading. President Cullerton. Out of the record. Senator Bomke, on House Bill 5353. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Bomke.

PRESIDING OFFICER: (SENATOR LIGHTFORD) There any discussion? Seeing none, the question is, shall House Bill 5353 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5353, having received the required constitutional majority, is declared passed. Senator Haine, on House Bill 5359. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill. 48  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

Thank you, Madam President and Ladies and Gentlemen of the Senate. This amends the Real Estate Licensure {sic} (License) Act of -- of 2000. It's an initiative of the Illinois Association of Realtors and the Department of Financial and Professional Regulation. It changes how the Real Estate Recovery Fund is -- is handled with post-judgment orders, which relieves the Department of being involved with an ongoing case. It provides that a managing broker doesn't have to put their ID on a "For Sale" sign. It does other things that -- that both -- both the Department and the Realtors think will relieve burdens and expedite complaints and claims. There is no opposition.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5359 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5359, having received the required constitutional majority, is declared passed. Leader Trotter in the seat -- in the Chair.

PRESIDING OFFICER: (SENATOR TROTTER) Thank you. We're continuing with House Bills on 3rd 49  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Reading on page 17. House Bill 5362. Senator Althoff. Senator Althoff, do you wish to proceed? Mr. Secretary, she says she wishes to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Senator Althoff, to the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none -- oh, excuse me. Senator McGuire. SENATOR McGUIRE: Thank you, Mr. President, Members of the Senate. I wish to commend Senator Althoff for her sponsorship of this bill, which will not raise the tax rate of a non-home rule community which - - whose voters approved a referendum, nor make it any longer, but merely extend the sunset so that a municipality which fits these criteria could spend the proceeds on municipal operations.

PRESIDING OFFICER: (SENATOR TROTTER) Thank you very much. Senator McCarter. SENATOR McCARTER: 50  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR TROTTER) Questions to the sponsor, yes. She wishes to ask {sic}. SENATOR McCARTER: Senator -- Senator Althoff, this bill hasn't been changed since it came from the House, correct? Okay, so…

PRESIDING OFFICER: (SENATOR TROTTER) Senator Althoff.

PRESIDING OFFICER: (SENATOR TROTTER) Senator McCarter. SENATOR McCARTER: Can you -- can you explain why there would be so many -- so much opposition to it in the House?

PRESIDING OFFICER: (SENATOR TROTTER) Senator Althoff.

PRESIDING OFFICER: (SENATOR TROTTER) Senator McCarter. SENATOR McCARTER: Just one more question. So, I -- I notice in here, it's -- it -- it's -- it's -- you're able to extend that taxing period if that original taxing approval was made by referendum, 51  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 correct?

PRESIDING OFFICER: (SENATOR TROTTER) Senator Althoff.

PRESIDING OFFICER: (SENATOR TROTTER) Senator McCarter. SENATOR McCARTER: So, I -- I guess I just need you to make it clear to me. The -- the extension of the taxing period is not being increased. There's…

PRESIDING OFFICER: (SENATOR TROTTER) Senator Althoff.

PRESIDING OFFICER: (SENATOR TROTTER) Senator McCarter. SENATOR McCARTER: 52  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Nothing more. Thank you.

PRESIDING OFFICER: (SENATOR TROTTER) Thank you. Is there any further discussion? Seeing none, Senator Althoff, to close.

PRESIDING OFFICER: (SENATOR TROTTER) Thank you. The question is, shall House Bill 5362 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. House Bill 52 -- 5362, having received the required constitutional majority, is declared passed. Proceeding on the page 17, House Bill 5434. Senator Haine. Senator Haine. Senator Haine indicates he wishes to proceed. Mr. Secretary, read the bill. Senator Haine seeks leave of the Body to return House Bill 5434 to 2nd Reading. Leave is granted. On the Order of 2nd Reading, House Bill 5434. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR TROTTER) Senator Haine, explain the amendment.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This sets forth an exception in the underlying bill that it would not apply to the adjudication of municipal 53  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 ordinance violations or from administrative adjudication of an ordinance violation. It satisfies the objections of the Municipal League and the City attorneys.

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

PRESIDING OFFICER: (SENATOR TROTTER) 3rd Reading. On -- on House Bill 5440, Senator Link. Senator Link. Excuse me. I apologize, continuing on House Bill 5434. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Senator Haine.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This -- this bill amends the Code of Civil Procedure and -- and provides certain notices be served upon debtors, mandating and allowing them to fill out Income and Asset Forms. It requires that before someone is to be jailed with a court order in a consumer debt, that they have an opportunity to clearly understand what's at stake and they have to ignore that court order. This is an initiative of the Illinois Attorney 54  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 General's Office, who spent a considerable time very ably negotiating with the Finance Association of Illinois, the Small Loan Association, and the Creditors Bar. There isn't any opposition to this bill in its present form. It's a good bill. It moves us forward and avoids situations which have become very unfortunate where debtors are improvidently jailed.

PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Is there any discussion? Seeing none, Senator Haine, to close. The question is, shall House Bill 5434 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 the question, there are 57 voting Yea, no voting Nay, none Present. Having received the required constitutional majority, House Bill 5434 is declared passed. On House Bill -- moving on to House Bill 5441. Senator Raoul. Senator Raoul. He indicates he wish to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5441 amends the State -- the State Appellate Defender Act. The bill removes provisions related to the recently abolished death penalty and adds provisions codifying the Office of the State Appellate Defender's role in assisting 55  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Illinois public defenders. The bill specifically adds discretionary duty to provide training, assistance of expert witnesses, and investigators to public defenders from funds appropriated for these purposes.

PRESIDING OFFICER: (SENATOR TROTTER) Senator -- is there…

I urge your…

PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5441 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. Having received 49 Yeas, 6 Nays, no voting Present, the bill, having received the constitutional majority, is declared passed. House Bill 5444. Senator Steans. Senator Steans. Out of the record. House Bill 5450. Senator Delgado. Senator Delgado. The Senator has indicated he wishes to proceed. Senator -- Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Senator Delgado, to the bill.

Thank you, Mrs. -- Mr. President, Members of the Senate. The current bill requires that -- the Illinois Housing 56  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Development Authority to adopt a rule restricting local administering agencies and developers from using funding under the grant to develop or support housing that requires a tenant that has a particular diagnosis or type of {sic} (or) presence or {sic} (of) disability. Basically what this bill will do is make sure that housing will be provided, an opportunity to people with disabilities, but not housing restricted to a certain type of disability. And I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Is there any discussion? Seeing none, Senator Delgado, to close. The question is, shall House Bill 5450 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. …all voted who wish? Have all voted who wish? All voted who wish? Mr. Secretary, take the record. 58 voting Yea, none voting Nay. House Bill 5450, having received the constitutional majority, is declared passed. 5451. Senator Kotowski. He indicates he wish to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Senator Kotowski.

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5451 amends the Sexually Dangerous Persons Act, allowing licensed physicians, psychiatrists, or any other licensed professional specializing in the evaluation of 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 sex offenders to be appointed by the court to evaluate sexually dangerous persons. The current law, enacted in 1938, only allows psychiatrists to perform these evaluations. And the bill provides a definition for "criminal propensities to the commission of sex offenses".

PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Is there any discussion? Seeing none, Senator Kotowski, to close.

Yes, I would respectfully request an affirmative vote.

PRESIDING OFFICER: (SENATOR TROTTER) Thank you. The question is, shall House Bill 5451 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? On the question, there are 58 Yeas, no Nays. Having received the required constitutional majority, the bill is declared passed. 54… 5452. Senator Mulroe. Senator indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Senator Mulroe, to the bill.

Thank you, Mr. President, Members of the Senate. This is an initiative of the -- of the Illinois Finance Authority. It seeks to mitigate various audit findings in connection with its annual financial and compliance audits by the Office of the 58  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Auditor General. The bill itself amends the Illinois Finance Authority Act by changing the word "shall" to "may" in regard to three provisions under the Act.

PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Any discussions? Seeing none, Senator Mulroe, to close. The question is, shall House Bill 5452 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On the question, there are 56 Yeas, none voting Nay. Having received -- 5452, having received the constitutional majority, is declared passed. 5478. Senator Haine. Senator Haine. He indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Senator Haine, to the bill.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This allows -- this would allow the Illinois Insurance Department to apply exemptions in the Freedom of Information Act to information provided to the office about an industry trade secret. And this applies to a device developed by Progressive Insurance that allows a user of the device on the car to lower insurance premiums based upon careful driving. They don't want the other insurance companies to find out about it and adopt it.

PRESIDING OFFICER: (SENATOR TROTTER) 59  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5478 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. With 55 Yeas, none voting Nay, House Bill 5478, having received the constitutional majority, is declared passed. 5480. Senator Rezin. Senator Rezin indicates she wishes to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Senator Rezin, to the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Seeing none, the question is, shall House Bill 5480 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. House Bill 5480, having received 58 Yeas, no Nays, is -- has received the required constitutional 60  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 majority and is declared passed. House Bill 5493. Senator Sandoval. Senator Sandoval. He indicates he wishes to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR TROTTER) Senator Sandoval, to the bill.

Thank you, Mr. President, Members of the Senate. Senate Bill -- House Bill 5493 amends the Illinois Vehicle Code to provide the Secretary of State shall immediately revoke, instead of suspend for five years, the driving privileges of a person receiving a -- a second or subsequent conviction for illegal possession. The bill clarifies that only first-time offenders shall have their driving privileges suspended for a year. This is an initiative of Secretary Jesse White. Initiative -- the other part of it is an initiative of the Illinois Automobile Dealers Association that provides the Secretary greater efficiency to issue a dealer lien certificate for a fee, provided that all liens have been released. I'd ask a favorable vote.

PRESIDING OFFICER: (SENATOR TROTTER) Is there any discussion? Is there any discussion? The question is, shall House Bill 5493 pass. All those in favor will vote Aye. All 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 House Bill 5493, 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 having received the constitutional majority on a vote of 57 Yeas and no Nays, is now declared passed. On House Bill 5495. House Bill 5495. Senator Harmon. Out of the record. President {sic} Lightford back into the Chair.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen of the Senate, continuing on the Order of House Bills 3rd Reading, the top of page 18. Senator Frerichs, on House Bill 5539. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

Thank you much, Madam President. It's nice to have you in the Chair. That wasn't -- that wasn't a comment on the previous President. It's just nice to have you in the Chair. House Bill 5539 amends the Illinois Fertilizer Act. Substantially, it's similar to Senate Bill 2010 that passed out of the Senate 57 to nothing last spring. This bill makes changes to the Act concerning structuring of the licensing provisions of fertilizer distribution. Also establishes a new fee structure for registrants and licensees. Allows the Director of Agriculture to create and establish the Nutrient Research and Education Council for the purpose of pursuing nutrient research and providing educational programs. The Council will replace the Fertilizer Research and Education Council. Makes a number of 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 changes to the Fertilizer Act. The Fertilizer Act was originally passed in 1961. It has not been updated in forty years. There are some fee increases to take into account for some changes that are going on, but these have been agreed to by the industry. That's supported by the Illinois Fertilizer and Chemical Association, Illinois Corn Growers Association, Illinois Soybean Association, Grain and Feed Association of Illinois, Illinois Seed Trade Association, Illinois Soil and Water Conservation Districts, Department of Agriculture, Farm Bureau -- the Illinois Farm Bureau, Illinois Environmental Law and Policy Center. It's an agreed-to bill that passed unanimously last year. I would appreciate a replication of that this year.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Leader Trotter, for what purpose do you rise?

To the bill. Actually…

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

…I -- I want everyone to vote for this bill, because we all know that Senator Frerichs is full of fertilizer.

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

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will yield. Senator Lauzen.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

Sure. There is a special fund created. It was created 64  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 after a lot of discussion with the industry and it is a non- sweepable fund.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Lauzen.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

Yeah, at any point that we wanted to change the legislation, we could, but that would apply to any funds out there. That's not specific to this one.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, Senator Frerichs, to close?

I'll just thank my -- I want to thank my colleague, Senator Trotter, for pointing out how I'm for fertilizer. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5539 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 50 voting Yea, 6 voting Nay, 0 voting Present. House Bill 5539, having received the required constitutional majority, is declared passed. Senator LaHood, on House Bill 5540. He 65  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator LaHood. SENATOR LaHOOD: Thank you, Madam President, Members of the Senate. House Bill 5540 provides that the Department of Agriculture administration building at 801 E. Sangamon Avenue in Springfield at the State Fairgrounds shall be known as the John R. Block Building. John R. Block served as the Illinois Director of Agriculture from 1977 to 1981. He was then nominated and confirmed by the U.S. Senate as Secretary of the U.S. Department of Agriculture under Ronald Reagan, and served from 1981 to 1985 {sic} (1986). He also played a very key role in the development of the 1985 Farm Bill. He's a constituent of mind in Knox County. He still farms there and raises livestock. The Illinois Department of Agriculture is supportive of this legislation, and I -- I know of no opposition.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5540 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Yea, 0 voting Nay, 2 voting Present. House Bill 5540, having received the 66  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 required constitutional majority, is declared passed. House Bill 5547. Senator Hutchinson. Out of the record. House Bill 5548. Senator Garrett. She indicates she wish to proceed. Mr. Secretary, please read the young lady's motion -- her bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

Thank you very much for that compliment, Madam President. House Bill 5548 would give a current member of a hospital's medical staff the right to be represented by a personal attorney with regard to any clinical privilege determinations. Under current law, a doctor is not expressively -- expressly given the right to be represented by a personal attorney during the clinical determination process. This bill is supported by the Illinois State Med Society and the Illinois Society of Anesthesiologists. And there are no opponents at this time.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5548 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5548, having received the required constitutional majority, is declared passed. House Bill 5549. Senator Hunter. Out of the record. House Bill 67  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 5586. Senator Raoul. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.

How are you, Madam President?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Just dandy, Senator. How are you today?

Doing wonderful. I want to tell you about this bill here that I've got. House Bill 5586 amends the Mental Health and Development {sic} (Developmental) Disabilities Code to extend the unimpeded private and uncensored communication rights afforded to residents in State-owned mental health facilities to residents housed in mental health facilities under State contracts due to closures of -- or downsizing of the Department of Human Services mental health facilities.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5586 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 Yea, 0 voting Nay, 0 voting Present. House Bill 5586, having received the required constitutional majority, is declared passed. With 68  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 leave of the Body, we will return to House Bill 5587. Senator Hunter, on House Bill 5592. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Thank you, Madam Chairman -- President, rather. House Bill 5592 modifies the Children and Family Services Act and the Juvenile Court Act of 1987. It provides that when children are removed from their families and placed in the child welfare system, the Department of Children and Family Services shall place the child with the child's siblings unless the placement is not in each child's best interests or it's not possible. If the child is not placed with the sibling, then the Department shall consider placements that are likely to develop, preserve, and nurture the support -- to support siblings' relationships and -- in doing so, and it's looking out for the children's best interest. So basically what we're trying to do is preserve the siblings' relationships. And I also, quickly, would like to thank the coalition of organizations that helped put this piece together, especially the DCFS Youth Advisory Board, Families' and -- and Children's AIDS Network, just to name a few, and the Cook County Public Defender's Office.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, 69  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 the question is, shall House Bill 5592 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5592, having received the required constitutional majority, is declared passed. Senator Forby, on House Bill 5606. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Forby.

Thank you. This is -- came from the Sheriffs' Association. House Bill 56 {sic} provides law enforcement with another tool to fight methamphetamine. After seeing methamphetamine has been abused, the Sheriffs' Association reported that methamphetamine is increasing. To fight this intent, we're making it harder to get the meth ingredient. This bill -- this bill makes it a Class 4 felony to buy or own methamphetamine if you have a -- a prior methamphetamine conviction, unless you have a prescription from a doctor. So if you've been -- got a Class 4, to get any of this stuff, you have to have a doctor's prescription. I'd ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5606 pass. All those in favor will vote Aye. 70  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5606, having received the required constitutional majority, is declared passed. Senator Hutchinson, on House Bill 5616. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hutchinson.

Thank you, Madam President and Members of the Senate. House Bill 5616 amends the Will-Kankakee Regional Development Authority Law. It increases the amount of bonds that the Authority may issue from one hundred million to two hundred and fifty million. The money is used to fund economic development projects in the area. The bill also removes a provision that allows the Authority to make the State liable for the bonds they issue. This means the State will no longer be on the hook if there is a default. In exchange, the bill would allow the Authority to issue tax-exempt bonds if they determine the issuance of tax-exempt bonds would reduce the interest rate. Thank you for your support and I would request an affirmative vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, 71  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 shall House Bill 5616 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 Yea, 0 voting Nay, 0 voting Present. House Bill 5616, having received the required constitutional majority, is declared passed. Leader Crotty, on House Bill 5624. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Crotty.

Thank you. House Bill 5624 comes in response to a Chicago Sun-Times investigation; would -- would establish a two-tiered disabled-parking system throughout Illinois. Starting in 2014, only wheelchair-bound people and others who are physically unable to feed meters would be allowed to park in a metered spot without having to feed the meter. They would be sent new placards and they would display their right to free metered parking after the Secretary of State's Office reviewed paperwork signed by their doctors. Regular disabled-parking placards and plate holders would continue to be allowed to park in handicapped-only spots in parking lots and garages, but would not have to -- to -- would not have free-parking privileges in the metered spots. In 2011, some of us probably not only saw it in the Sun-Times, but it was also put into many of the newscasts 72  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 that between -- in a two-month span, a retired Chicago Police Department lieutenant, working with the Sun-Times, reported observing eighty-two instances where able-bodied drivers used handicapped-parking placards or license plates to park for free. So, with House Bill 5624, beginning January 1st, 2014, the Secretary of State will provide, by administrative rule, for the issuance of a separate and distinct parking decal or a device for persons with disabilities to designate the qualifying individuals who shall be exempt from the payment of parking meter fees. Therefore, in January of 2014, unless the disabled individual has the separate and distinct parking decal or device, he or she will be required to pay the normal parking rates. This applies to both public lots and privately owned lots subject to regulation under the Vehicle Code. The Secretary of State shall issue a meter-exempt decal or device to a person who has been issued disability license plates, holds a valid driver's license, and who is unable to do one or more of the following: manage, manipulate, or insert coins or obtain tickets or tokens in parking meters or ticket machines in parking lots or parking structures due to a lack of fine motor control of both hands; reach above his or her head to a height of forty-two inches from the ground due to lack of finger, hand, or upper extremity strength or mobility; three, approach a parking meter due to his or her use of a wheelchair or other device for mobility; and, last, walk more than twenty feet due to an orthopedic, neurological, cardiovascular, or lung condition in which the degree of debilitation is so severe that it almost completely impedes the ability to walk. Notwithstanding all of those requirements, the Secretary shall 73  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 issue a meter-exempt decal or device to an applicant who has been issued disability license plates or if the applicant is the parent or a guardian of a person with disabilities who is under eighteen years of age and incapable of driving. An…

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates she will, Senator.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Crotty.

You're -- you're right, that was a lengthy -- but I wasn't even finished. But, yes, that's exactly what it does, Senator.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Crotty.

That -- that is true, and that's the part that I was getting at. There are penalties for not only those that are using placards that do not belong to them, there are -- the person that it belonged to may be deceased, and also to make sure that doctors do fill out the paperwork for persons that are truly disabled that cannot manipulate the ticket machines or the meters. Was that too…

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) She was done and wanted to know if it was too long.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please, to the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) You're welcome, Senator. Further discussion? Senator Millner, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) She indicates she'll yield. Senator Millner.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Crotty.

No. No, it could be a placard. It's… Yeah.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Millner.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Crotty.

76  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 That is correct. There could be an expiration date. Yeah, that's correct, Senator.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Trotter, for what purpose do you rise?

To the bill, Madam President.

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

Yes, I like the bill and love the sponsor, in -- in that this might be even her last bill before she gets out of here. I mean, for that alone, this is -- it's a -- is a good reason to vote for it, but it's a good bill. It certainly incorporates some things that we've been talking about through the years and we need to put together. And we can only hope that when Senator Schoenberg - who's not on the Floor yet, but I'm going to mention his name, which means he's not going to be able to speak - that he's as short when he does his last bill. So I ask all for an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul, for what purpose do you rise?

Just one brief question of the sponsor.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates she'll yield. Senator Raoul.

I -- I just have a -- just a hypothetical question. If some people are in a family of -- have a family member who's disabled and may use their vehicle, what would happen if you had 77  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 a nondisabled member of the family use the vehicle, pay -- pay the meter, stay in a store for too long, the meter expires, do they -- do they just get the ticket for the expired meter or -- or -- because the meter's expired and you have a nondisabled…

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Crotty.

If -- if the person is not -- much like today, if -- if I'm understanding this correctly, if the person that is driving is not disabled, but has a placard because a mother or child is disabled, by law, they're not supposed to be using a handicap parking. So if they are using it to go in shopping, just as today, there is -- there is a -- a ticket for -- you're supposed to have a disabled person in the car - statute today.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.

But this also applies to -- they -- they're exempted from paying a -- a meter too. So let's say you have a nondisabled family member that actually pays the meter and they come back to their vehicle fifteen to twenty minutes late, like I've been known to do sometimes, and I -- you get a ticket as a result, but let's say you have -- is that just a defense when you -- when you're charged -- or, I mean, what…

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Crotty.

You would be issued a ticket, because either -- your -- your meter has expired, but when you go to court, it could, a, 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 either be a -- at the officer's discretion, or when you go to court, you could try to explain your case.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no further discussion, Senator Crotty, to close.

I just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5624 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5624, having received the required constitutional majority, is declared passed. House Bill 5632. President Cullerton. Out of the record. House Bill 5635. Leader Muñoz. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Muñoz. SENATOR MUÑOZ: Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 5635 amends the Police Training Act to include coroners in the provisions requiring death and homicide investigations, training for law enforcement officers. It also requires coroners to successfully complete a training program 79  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 approved or conducted by the Illinois Law Enforcement Training and Standards Board in order to be assigned as a lead investigator in a death or homicide coroner's investigation. It also provides that coroners may receive a waiver from the Board, based on prior training and experience, through the same process available to law enforcement officers. It explicitly does not affect or impede the powers of the coroner's office to conduct death investigations under current law. And I know of no opposition.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5635 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5635, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, please turn your Calendars to the top of page 19, on the Order of House Bill {sic} (Bills) 3rd Readings. Senator Frerichs, on House Bill 5642. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

Thank you very much, Madam President. It's still nice to 80  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 have your in the Chair. The last time I was up here, I was talking about fertilizer, and today we'll be talking about some other things that we can -- classify as fertilizer. House Bill 5642 is a result of negotiations between the IEPA, Environment Illinois, Illinois Farm Bureau, the Illinois Pork Producers Association, Illinois Beef Association, Illinois Dairymen's Association, and Environment Illinois. It amends the Environmental Protection Act to expand the list of NPDES permits to include Concentrated Animal Feeding Operations, or CAFOs, and to make the permit fee seven hundred and fifty dollars for a large CAFO, three hundred and fifty for a medium-sized CAFO, and a hundred and fifty for a small-sized CAFO. This bill is coming here today, and it received support out of the House, because of a federal lawsuit that is threatening to take away this responsibility from the State of Illinois and give it to the federal EPA. And I know there will be some people that have some concerns with fees being raised, but I think they'll also have -- would have very large concerns with the federal EPA taking over this program and regulating the State of Illinois. And so that's why you saw it is an agreed bill between the Farm Bureau and all of the livestock producers in our State. Be happy to answer any questions.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) 81  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Indicates he will. Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

There were never any fees. There was a bill put forward last year that was going to have all CAFOs at twelve hundred dollars. We had an agreement on this. And just so people know, the size of the CAFO is defined by federal rules and the fees are comparable to those in neighboring states.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs -- excuse me. Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs, the tallest.

You are correct. They're going up from, currently, no fees. And this is a result of a lawsuit; that if we do not implement something - because meeting Illinois' EPA's current 82  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 obligation under the federal Clean Water Act is very resource intensive - if we don't do this, it is very likely the federal EPA is going to come in and take away this responsibility from the State.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

Well, citizen groups were requesting USEPA to withdraw the entire NPDES program delegated to the State of Illinois and effectively take over the State's NPDES program. And that's why you got the Farm Bureau and all of the animal production facilities to come on board, because of that fear.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

There was a petition filed by the Illinois Citizens for Clean Air and Water and Environmental Integrity Project citizen 83  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 groups in March of 2008. These groups were requesting this change. But it is -- it is taken seriously by groups like the Farm Bureau, Beef Producers, Pork Producers, Dairy Producers, because there's been -- been discussions with federal EPA and they believe it is very likely to happen.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

To my knowledge, as someone who has not worked very much in EPA, I don't know of any examples. That doesn't mean it hasn't happened. Doesn't mean it's not going to happen. I believe in my conversations and work with groups like the Illinois Farm Bureau, Beef Producers, Pork Producers, they believe this is a real threat. When bills were originally filed, there was Farm Bureau opposition to them. That's why, when we originally passed these NPDES permits, they weren't -- CAFOs were not included. They have come to the opinion that this is a serious threat today, and that's why they sat down in good faith and why we have an agreed-to bill today. Hello? Some people may be 84  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 willing to take the risk that nothing is going to happen, but I think that most everyone could agree, including people on your side -- your side of the aisle, that bringing in the federal EPA to oversee this program would not be a good thing for the State of Illinois.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

I don't think there is an -- an accurate number right now. Currently, only thirty CAFOs hold NPDES permits. But they're trying to figure out about how many there would be, so it makes it tough to make projections on total funds raised not knowing who -- how many producers out there would meet the requirements.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, Senator Frerichs, to close. Excuse me. Senator Haine. Light just came on. What purpose do you rise, Senator?

Question of the sponsor, Madam President. 85  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he'll yield. Senator Haine.

This may beyond the ken of the bill, Senator Frerichs. What is the relationship, the actual relationship, between the Illinois EPA and the United States EPA? What is that relationship? Is there a delegation agreement? Does one work for the other, or what?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

In some cases, the federal EPA will delegate responsibilities to the states and sometimes they do not.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

So, in -- this particular bill only applies to agricultural enterprises, so-called feedlots, right?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

Yes. So-called CAFOs, Confined Animal Feeding -- let's see here. I want to -- I want to make sure I don't misspeak here. Concentrated Animal Feeding Operations.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

So -- so the -- the State EPA is afraid that the nationals will come in, is that right? 86  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

The State EPA, as well as various producers out there, believe that that is a distinct possibility. And it's why, after several years of blocking similar legislation, they finally agreed - came together and have an agreed-upon bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

Thank you, Madam President. So, in other instances -- so we have on one hand the State EPA saying they basically work for the feds, they're a delegee of their authority, and now they're saying they want to be independent of the feds, right? And I'm not arguing against the bill. I'm going to vote for the bill. I -- I just find the Illinois EPA at this juncture in history to be confused. And if they're going to serve the citizens of -- of Illinois, they should be directed to the interests of Illinois and construe the statutes reasonably, rather than arguing on one hand they're just a delegate and on the other hand they're a free agent. It's one or the other.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Frerichs.

The Illinois EPA has responsibility to establish annual fees for NPDES permits. And I think it was back in 2008 or 2003, we passed -- passed this, and originally there was Farm Bureau opposition. So we didn't put any fees for CAFOs. This is trying to give them the resources to implement this, because 87  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 the federal government is saying, we've given you responsibility for this, but you have not upheld your responsibility on these CAFOs. They want to do this, but they don't have the resources. That's why we have this fee bill here today.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Any further discussion? Seeing none, Senator Frerichs, to close.

This is a -- an agreed-to bill by the industry. I think it's something that needs to happen to -- to stave off potential worse consequences and would request a favorable vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5642 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 voting Yea, 15 voting Nay, 0 voting Present. House Bill 5642, having received the required constitutional majority, is declared passed. Senator Garrett, on House Bill 5650. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

Yes, thank you very much, Madam President. This bill is in 88  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 response to a 2011 report from the Auditor General's Office that concluded that State vehicles must be driven seven thousand to twelve -- seven thousand and {sic} twelve thousand miles per year for the purchase -- to justify the purchase of a vehicle to be cost-effective. The audit also said there must be more oversight by CMS on our State vehicle fleet. And what this bill does is designate a vehicle use officer to monitor the use of State-owned vehicles by each agency. The policy shall also address the issues of take-home vehicles, as well as procedures regarding daily vehicle use logs and mileage recordings. It also requires CMS to evaluate the use of GPS systems to track State-owned vehicles. And it also makes available, via its Internet website through CMS, the vehicle cost data, as well as an annual breakdown analysis for each vehicle in the State fleet. I'd be happy to answer any questions.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Young lady indicates she will. Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

Yeah. It's just CMS. This is CMS's oversight of the State vehicle fleet.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

The -- so what I've been told is, the constitutional officers do have to report and the judiciary does not.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

So the way this worked, this was an audit that the Auditor General did and his goal -- his mission was to look at the State vehicle fleet and make recommendations. This is through CMS, 90  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 what CMS has oversight of. And so the findings that were reported in November of 2011 are what this bill does to correct some of the problems that were discovered through the audit. Now, if there is a particular agency that may not be covered, the goal of this was to look at what CMS oversees.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

So, I'm not saying it's not good, and I understand your point completely. But this is the beginning of trying to rein in some of the -- the lack of oversight that is currently -- not currently in place, regarding the -- the majority of the vehicles that CMS manages. So, to your point, if we want to come back in the Veto Session and add additional agencies, I'd be more than happy to do that. But I'm working from the audit 91  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 that the Auditor General put out in November of 2011.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please, Senator, to the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 92  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Is there any further discussion? Senator Jacobs, for what purpose do you rise?

Question of the sponsor.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The young lady indicates she'll yield. Senator Jacobs.

The only -- the only thing -- the only problem I have with the bill is that, what keeps an employee from driving seven thousand and one miles? And are -- are we encouraging employees to drive seven thousand and one mile in order not to lose their cars? I mean, we -- shouldn't we reward State employees for using the car frugally?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

I -- I think that's a really good question. That's the point of this legislation, to make sure that they are using -- they are driving as many miles to make the cost of the vehicle, the maintenance of the vehicle, and the gas of the vehicle justifiable. They're also talking about putting GPS monitors. So this is really about oversight and to rein in some of these vehicles that probably we can't, as taxpayers, justify.

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

To the bill, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 93  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 To the bill, Senator.

Yes, I just want to respond to -- to -- to an issue here that's been brought up, because this seems to be an ongoing theme we periodically have, especially as we get later in the Session. I don't understand why, when a bill does a good thing, provides oversight, does exactly what we should be doing and takes some obviously needed measures, that all of a sudden, we've decided, ooh, it doesn't go quite far enough, so let's throw a good bill out based on that. I think it's time to look at this and just because it doesn't go quite as far as maybe some of our people on the other side of the aisle would like to see it go does not mean this is a bad bill. So I would urge an Aye vote. This is definitely a step in the right direction.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett, to close.

Yes, thank you very much. I appreciate the comments that were discussed regarding this bill. The cost of these vehicles -- and we may not have included every single agency, but we are talking at a vast majority of the vehicle fleet that is, quite frankly, subsidized by taxpayers. The cost of this is about a hundred and twenty-one million dollars. So, to say that maybe one group isn't covered or another group isn't covered, I take that as a very thoughtful recommendation. I will be here in Veto Session and, I can tell you, I will file a bill to make sure that those different groups are covered. But for right now, we are working within the parameters of the Auditor General. And we really need to move forward and make sure that 94  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 we have a responsible way for oversight of these vehicles. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5650 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 47 voting Yea, 7 voting Nay, 1 voting Present. House Bill 5650, having received the required constitutional majority, is declared passed. Senator Luechtefeld, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) The record will reflect. Senator Hutchinson, on House Bill 5653. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hutchinson.

Thank you, Madam President, Members of the Senate. House Bill 5653 strengthens the financial exploitation of the elderly statute that we actually passed, I believe unanimously, last 95  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 year. It does three things. It amends the definition of intimidation to reference the crime of intimidation as written in the Criminal Code. The change will make it easier for State's Attorneys to prove beyond a reasonable doubt that intimidation was committed to exploit an elderly person or a person with a disability. It expands the definition of person in a position of trust or confidence to include paid or unpaid caregivers. And it provides State's Attorneys with the ability to file a petition with a circuit court to freeze the assets of someone charged with stealing over five thousand dollars from an elderly person or person with a disability. But it also removes the provision that they can do it for more than what was actually -- what -- more than what the crime was actually committed for. So it strengthens the bill. It's something that -- I know of no opposition and I would respectfully ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5653 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5653, having received the required constitutional majority, is declared passed. Leader Schoenberg, on House Bill 5656. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Schoenberg.

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 5656 is an initiative of the Capital Development Board and requires that all unused money from capital projects that are in the Capital Development Board Contributory Trust Fund, that they be held in that fund and used exclusively for other capital projects. Any unused money would have to be -- deposited into the Capital Development Bond and {sic} (Board) Retirement and Interest Fund right now, but this would allow that the unused funds would remain in the fund and be used exclusively on capital projects and for no other purposes. I know of no opposition.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5656 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5656, having received the required constitutional majority, is declared passed. Senator Steans, on House Bill 5679. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

Yes, thank you, Madam President, Members of the Chamber. House Bill 5679 indicates the Department of Human Services will -- report on the reduction in the State development {sic} (developmental) disability facilities population shall be given to the General Assembly within thirty days of when the Department makes a decision to decrease the population, and provides the Department, with the Governor's authority, to transfer funds from the facility to provide appropriation authority for the new venues of care. Representative Bellock, who is sponsoring this in the House, and I had committed to the Governor that we would do this bill. It's a trailer bill to one that we had passed last Session.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5679 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5679, having received the required constitutional majority, is declared passed. Senator Haine, on House Bill 5682. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

Madam President, Ladies and Gentlemen of the Senate, this brings the Criminal Code into the same framework as the rest of Illinois law, in -- in that it demands that for someone to possess a firearm as a security guard, they must meet all three requirements that now exist with the Department of Professional Regulation. They have to have this special permit carried on their person. This grew out of an incident in Madison County a few years ago, where a security guard showed up with a firearm that he was not -- he was ordered not to have by the employer and the owner of the security firm, and he got into an altercation. He was arrested by the police for unlawful use. They couldn't charge him because the criminal law exemption did not contain this third requirement.

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

Yes, will the sponsor yield, please?

PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will. Senator Garrett.

So, Senator Haine, I just have one question. So the additional language that you are putting in this piece of legislation, does that currently apply to security guards? Do they have that type of requirement?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 99  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Senator Haine.

Yes, but not in the Criminal Code.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

So all -- all you're really doing is taking the same language from one statute and adding it to another?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

…to the Criminal Code, so that they may be charged.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Haine, to close?

Yes, ma'am. I would obsequiously ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5682 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5682, having received the required constitutional majority, is declared passed. Senator Mulroe, on House Bill 5685. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.

Thank you, Madam President, Members of the Senate. This bill is actually in two parts. The first part is actually a cleanup of a previously -- previous bill. That first part deals with reinstating revoked or suspended licenses or permits issued by the Department of Natural Resources. Currently, there's a law in place that provides a process to reinstate revoked licenses. This bill -- or this part of the bill would make it applicable to reinstating suspended licenses - the same process. The second part provides that the Department of Natural Resources has the authority to remove any individual or group of individuals engaging in illegal activities or disorderly conduct from any land owned or managed by the Department, as well as from any land that is dedicated as a nature preserve or buffer area under the Illinois Natural Areas Preservation Act. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there further discussion? Senator McCann, for what purpose do you rise? SENATOR McCANN: Will the sponsor yield, Madam President?

PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will. Senator McCann. SENATOR McCANN: Senator Mulroe, there are two parts to your bill. Part one talks about the ability for a -- a conservation police officer 101  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 to remove someone who's being rowdy. And the other part of the bill speaks to a -- a fee for revoked and suspended licenses. Is -- is that correct?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.

Correct.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCann. SENATOR McCANN: Well, I'm in firm agreement with you on part A. I believe that when people are being rowdy, they should be shown the door at our State parks - I agree. But could you explain to me the difference between a suspended and revoked license?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.

I don't know the details -- what the Department of Natural Resources describes -- what offenses would -- they would suspend a license or permit versus what entitles -- or requires a revocation, but there's probably some -- the determination on -- based on an offense, they're going to issue a suspension or a revocation. But what this bill does, there's currently a process in place to reinstate your revoked license and there are some statutory fees; we're just applying the same process if the Department suspended your license or permit.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCann. SENATOR McCANN: 102  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 I'm still not clear on the difference between a revoked and a suspended license. It seems to me -- I'm not an attorney, and so forgive me when I -- I have to resort to the dictionary. When I look at revoked, it appears that it's something that's more permanent, and suspended is something that's maybe not as severe or -- or not as chronic and it's not permanent - it's -- it's temporary. Does IDNR typically revoke someone's license and then reinstate it?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.

I guess it depends on the offense. They make a decision whether the -- the offense committed is going to be suspendable or revocable. You're right, though, suspension is for a certain period of time. Revocation could be for an indefinite period of time. But I imagine they have their rules and regulations how long a revocation will occur before you can go through the process of reinstating it, much like the suspension. If it's a three-month suspension, then you can go ask for your license to be -- or permit to be reinstated. A revocation's probably a longer period and you can't go for reinstatement until that revocation period is up.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCann. SENATOR McCANN: On the nomenclature, the -- the actual metric for first suspension, subsequent suspension, and the reinstatement fees, are -- is there any delineation between a reinstatement fee for a suspension versus a reinstatement fee for a revocation? 103  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.

I do not believe so. I think the same fees apply to suspension as they do to revocations.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCann. SENATOR McCANN: And how are these fees, these amounts, how are they arrived at? Is that -- is that promulgated within IDNR, or how -- how do they go about establishing those actual fees?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.

I believe it's set by IDNR's rules and regulations. Just for instance, if you -- you have a license or permit issued by the DNR and you're delinquent for child support, they could suspend your license or permit based on that offense. Your first suspension, in their rules, would be a fifty-dollar fine - - or fifty dollars to go through the process to reinstate your license or permit. Subsequent suspensions for the same offense that I just stated would be a hundred dollars.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCann. SENATOR McCANN: To the bill, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, please. SENATOR McCANN: 104  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 I would just like everyone on -- on my side of the aisle and for the Chamber, the whole Chamber for that matter, to realize that we are essentially authorizing non-elected persons to sit in a room and develop a fee system for folks who -- some who commit offenses that are worthy of a suspension and some who commit offenses that are worthy of a revocation. And I think many of us would argue that there's a qualitative factor there that should be entertained, that should be taken into consideration. And that we are voting for up to a thousand- dollar fee. It could be up to a thousand dollars from within IDNR, that -- that fee, for -- for someone who has committed a relatively minor offense. And there's no delineation whatsoever for someone who has committed a minor offense, which might be worthy of a suspension, or someone who has committed many offenses, or major offenses, in which case you might understand why they would be worthy of the maximum. But there's no delineation whatsoever and it's left up to bureaucrats, not elected officials, to determine the fee structure. So I would request a No vote.

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

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter. Excuse me. Senator Mulroe.

Thank you, Madam President. I can't fully answer that question. All I know is the legal department of DNR currently says that they don't -- do not have that authority. That's why we're enacting -- or presenting this bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.

I don't believe so. We're just trying to clean up a prior bill that's in law that provided for revocations and missed suspensions. So there -- there is a fee structure for revocations. I think the design of the initial bill was to include suspensions, but it was left out. So we're just trying 106  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 to include revocations and suspensions all under the same roof.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.

I have a list of fees. They range from fifty dollars to a hundred, depending on the first suspension versus subsequent suspension. And -- and -- but all I can tell you is, the same structure applicable to revocations -- or that process for a hearing, I believe will apply to licenses that are suspended. So, if you're asking about what -- the hearing process, I think it'll be same. There is a structured fee that they have listed, and I have in my hands, what the DNR said the reinstatement fees would be. I'm not sure where that's posted, or -- or whether it is posted, but I have been given a sheet that provides for suspension, based on delinquent child support, noncompliance with Interstate Wildlife Violator Compact, noncommercial point suspension, commercial point -- I'm sorry, those are fifty- dollar fines. Commercial point suspension, reckless operation 107  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 of a snowmobile or water -- watercraft, that -- those are hundred-dollar fines for first suspension. And a violation for watercraft/snowmobile operating under the influence and refusal, and if you were given a suspension, it's a two-hundred-and- fifty-dollar fine for the first suspension, and they go up on second or subsequent offenses.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Any further discussion? Seeing none, Senator Mulroe, to close.

I would just -- this is a cleanup from a prior bill that left out suspensions. That's -- that's what I was told. That's -- I'm the -- why I sponsored it. I would also point out that one of the previous speakers, in the committee, voted Yes for it. I'm not sure where the -- the confusion from when he voted Yes in the committee to today occurred. But I'd ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5685 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 38 voting Yea, 19 voting Nay, 0 voting Present. House Bill 5685, having received the required constitutional majority, is declared passed. Leader Harmon, on House Bill 5689. He indicates he wish to proceed. Mr. Secretary, please call the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 5869 {sic} is an initiative of my State Representative Camille Lilly. It would amend the School Code to create an Eradicate Domestic Violence Task Force that would consider the implementation of a statewide program based on the very successful Step Back Program at Oak Park-River Forest High School. I believe the amendment here in the Senate has addressed the concerns of the opposition and I ask for your Aye votes.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5689 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Yea, 2 voting Nay, 0 voting Present. House Bill 5689, having received the required constitutional majority, is declared passed. House Bill 5730. Senator Delgado. Out of the record. House Bill 5749. Senator Haine. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

Thank you, Madam President and Ladies and Gentlemen of the Senate. This bill does basically two things. It -- it codifies the longstanding practice of the appellate prosecutor to handle the post-conviction matters for each State's Attorney, saving them -- saving the counties and the State's Attorneys tremendous expense and time. It also allows, in given cases, the Director, within his or her budget, to hire criminal investigators, which are necessary if they're assigned to prosecute a case. They were prohibited years ago, but this avoids them -- asking the State Police, who are also overburdened, for that police work.

PRESIDING OFFICER: (SENATOR LIGHTFORD) There any discussion? Seeing none, the question is, shall House Bill 5749 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 the question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5749, having received the required constitutional majority, is declared passed. Senator Haine, on House Bill 5752. He indicates he wish to proceed, Mr. Secretary. Please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine. 110  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

Thank you, Madam President and Ladies and Gentlemen of the Senate. This is an initiative of the Department of Financial and Professional Regulation and is an agreed bill with the Illinois Dental Society. It increases a fine per violation of the Act. It allows the Department to clarify when it will take non-disciplinary action. It also clarifies the unlawfulness of any person to practice dentistry whose license is inactive or non-renewed. And it does a number of other things that came through the negotiations with the Dental Society.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5752 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 1 voting Nay, 0 voting Present. House Bill 5752, having received the required constitutional majority, is declared passed. Senator Kotowski, for what purpose do you rise?

I would like to be recorded as voting Yes on the previous bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The reflect -- the record will reflect, Senator. Senator Hunter, on House Bill 5771. She indicates she wish to proceed, Mr. Secretary. Please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Thank you -- thank you, Madam President. This House bill amends the Code of Corrections to relax the requirements for a certificate of release {sic} (relief) from disabilities and certificate of good conduct. And the bill would allow an applicant to have multiple felony convictions, whereas a person who has more than two felony convictions is not eligible for either certificate. And, secondly, the bill decreases the minimum period of good conduct for a felony from three to two years.

PRESIDING OFFICER: (SENATOR LIGHTFORD) There any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: I have a question of the sponsor.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates she'll yield. Senator McCarter. SENATOR McCARTER: Senator Hunter, what is a certificate of relief from disabilities?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Oh! Thank you. Senator, the certificate of relief from disabilities allows a convicted felon to obtain a professional license from various positions licensed by the Illinois 112  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Department of Financial and Professional Regulation. Currently, if -- a person who has more than two felony convictions is not eligible to apply for the certificate. In order to issue a certificate under the current statute, the court must find by clear and convincing evidence that the person did not commit an excluded offense, such as a sex offense or a violent offense. And the relief requested is consistent with the rehabilitation of the offender and the relief requested is consistent with the public interest.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: I believe this -- this certificate of release {sic} from disabilities came about about three years ago. And I think that was put into place by the Legislature, was it not?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Yes.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: So I'm assuming that if we had made a mistake early on, recognized it, we would have had a trailer bill and -- and modified this. But, apparently, we're just going back and changing what we put in place three years ago. Is that true?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

113  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Yeah. Yes.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: And so what is the reason for changing something we put in statute three years ago?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Senator, one of the problems that ex-offenders are having is they're having difficulties in finding housing and employment, and they are unable to care for their children and their families. And so, basically, what this bill is doing is decreasing the -- the minimum period for good conduct for a felony from three to two years.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: To the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator. SENATOR McCARTER: Ladies and Gentlemen, I mean, we -- I just -- I just have to assume we had it right the first time. If, you know, you want to give the advantage to anyone to -- to gain employment, that advantage ought to go to law-abiding citizens. And so, there's no need for this. Everyone needs to be accountable for their actions. Let's stick with what we -- we put in place three years ago. Urge a No vote. 114  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) She indicates she'll yield. Senator Murphy.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Senator, what happens with the certificate process is that the person applying must prove to a presiding criminal court judge that they deserve -- them against the State's Attorneys in 115  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 a formal hearing. So they must attend a formal hearing and they must appear before a criminal court judge, and they must state their case, and they must prove that they've been properly rehabilitated in order to even apply for the certificate, Senator.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Murphy.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Senator, the amount of felonies will be taken under consideration by the judge. So it's left up to the discretion of the judge. He has the final decision.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Murphy.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Senator, the certificates of good conduct and the certificate of relief from disabilities have only been issued statewide no more than thirty - thirty - since then. So that means that we probably need to get more people employed, and they need to really go ahead and qualify for this program so that we can help more individuals and -- and children and families. Don't you think?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Murphy.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Raoul, for what purpose do you rise? 117  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

To the bill, Madam President.

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

You know, I -- I understand caution when we discuss these issues, but it's -- it's important to understand specifically what we're talking about here. I understand the desire to automatically go to, if somebody has multiple felonies, they're somehow worse than somebody with a single felony. That's not necessarily the case, and that's why we need to subject these things to judicial discretion. You could have somebody with one felony that is a greater danger to society than somebody with three or four felonies. Senator Johnson and I often talk about when somebody embraces something inside of their spirit that they want to truly change. If we don't give folks who have paid their debt to society an opportunity to be contributors to society, then what are we alternatively asking for? If we're saying that you can't use this certificate to go out and seek gainful employment, what are we asking for? We're asking for recidivism, because we're eliminating the opportunity for these people to be law-abiding citizens. These are people who've paid their debt and they're not being given - there's been a mischaracterization - they're not being given an edge over law- abiding citizens by any means - by any means. That's a clear mischaracterization. And so if we're going to vote on this, let's vote for -- on it based on what it actually is and -- and not based on the fear that's put up -- put out here.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 118  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Further discussion? Senator Tom Johnson, for what purpose do you rise?

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

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

To the bill, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please, to the bill, Senator.

I would follow in the eloquence, and I will not rise to the eloquence, of the previous speaker and the speaker prior to Senator Johnson, Senator Raoul, in support of the bill. The distinguished sponsor has amended the bill consistent with the concerns of the Criminal Law Committee. She has gone to every length to make this a reasonable bill. I note that Senator Murphy didn't have any quarrel with the two-year time. It was with the multiple felonies. But as Senator Raoul correctly pointed out, you could have someone with two or three retail thefts or a drug possession, nonviolent offenses, and that would work against them and in favor of someone who had a single 120  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 offense, for example, of robbery, which is theft with the threat of violence. So these matters, as Senator Johnson pointed out, are within the discretion of a judge. The State's Attorney is there. There's plenty of checks and balances in the system. We do want to move people into productive lives. And this is a way to do it consistent with public safety. And it gives the State's Attorney, who speaks for the people of the county, a chance to review these. It's not done in the backrooms. It's done in open court, there's a record, and the community is well served by this sponsor's bill. And I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter, to close.

Thank you, Madam President. The two previous speakers spoke exactly what the intentions of this bill is. And before I close, I'd like to thank the Safer Foundation, the John Howard Association, the Illinois Consortium on Drug Policy, Uptown People's Law Center, Cabrini Green Legal Aid, Chicago Legal Aid, Roosevelt University Institute on {sic} (for) Metropolitan Affairs, Sargent Shriver National Center on Poverty Law, ACLU of Illinois, and the Chicago Coalition for -- for the Homeless for supporting this bill and I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5771 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 38 voting Yea, 17 voting Nay, 0 voting Present. House Bill 5771, having received the required constitutional majority, is 121  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 declared passed. Senator Luechtefeld, on House Bill 5780. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR LIGHTFORD) There any discussion? Seeing none, the question is, shall House Bill 5780 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5780, having received the required constitutional majority, is declared passed. Tony J. Yuscius, from the Blueroomstream.com, requests permission to videotape. Leave is granted. Senator Harmon, on House Bill 5791. Out of the record. Ladies and Gentlemen, please turn your Calendars to the top of page 20, on the Order of House 122  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Bills 3rd Reading. Senator Althoff, on House Bill 5814. She indicates she wish to proceed. Senator Althoff seeks leave of the Body to return House Bill 5814 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 5814. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) …Reading. Now on the Order of 3rd Reading is House Bill 5814. Senator Althoff, do you wish to proceed? She indicates she does. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the -- oops, excuse me. Senator Lauzen, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) She indicates she'll yield. Senator Lauzen.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff. 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Lauzen.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Lauzen.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Lauzen.

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the -- to the bill, Senator.

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

Questions of the sponsor, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The updated Althoff. She indicates she'll yield.

Senator Althoff, I was over in the House Chambers - so I just came in here a little bit late - when I heard that this bill was up. So I got to catch my breath here just a minute. But did you -- or has it been discussed here today as far as the decision, the informal opinion by the Attorney General with regard to the one-and-a-half-mile setback for a community that does not have zoning?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan.

So is -- do you -- is there -- do you have any fear that by passing this legislation that it actually will lessen the ability of those communities - because of this opinion by the -- on -- on the basis of the opinion by the Attorney General - that it's actually going to weaken their standing? There has been court cases, there has been communities file suit, preventing the siting of turbines within that mile-and-a-half setback. These are communities that do not have zoning. They have won in the courts. There is an additional -- on top of that, there's the additional informal opinion by the AG. Will the -- do you - - it is my fear that this legislation will actually weaken the - - the argument, if you will, for those communities that have either filed suit and are relying on the -- the opinion by the AG.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan.

Thank you. To the bill, Madam President. Senator Althoff, I appreciate your willingness to sit down and participate in -- in either a task force or having a comprehensive discussion about the siting of wind turbines here in the State of Illinois. Up to this point, there seems to be a piecemeal approach, in -- in -- in as far as legislation is concerned, with the siting of turbines. I -- I will -- I want to just close by saying this: I have the utmost respect for the sponsor. I think that this legislation is going to actually make it more difficult for a community to have the decision-making process over what happens within that one-and-a-half-mile setback of their -- of their 129  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 boundaries, if we pass this legislation. Right now, by the -- an action in a court of law, that was -- that a community filed suit against a -- a wind company wanting to -- to locate in that mile and a half, they won that court case. We have the informal opinion by the AG that also codifies or -- not codifies, but says that that is indeed the case. This is actually going to weaken the case for those communities as they want to move forward in trying to decide whether they have the regulation ability as to the siting of turbines in that one-and-a-half-mile setback. I would urge a No vote on this legislation.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please, Senator, to the bill.

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

To the bill: I can only think of the word "conundrum". Is there a way to work this out? I mean, I -- I -- I'm puzzled by the term "informal opinion", which can be changed by a whim. I don't think this Attorney General changes her opinions whimsically, and -- and I agree with both Senator Sullivan and Senator Althoff. I think they're both striving to do the same thing. Is there a way to extend the deadline on this bill and see if we can work this thing out, rather than vote for what apparently is a good bill and jeopardize what Senator Sullivan says is at risk? Is -- is -- I mean, do we have to rush into it? Is there a way to…

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Schoenberg, for what purpose do you rise? Senator Maloney, for what purpose do you rise?

Just a question of the sponsor, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates she'll yield. Senator Maloney.

Senator, our analysis indicates an opposition by the 131  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Illinois Farm Bureau. Could you state what their reason for their opposition might be, please?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Maloney.

Just a follow-up question then. What -- what is the logistics of that? Does the -- the landowner get a flat fee for -- for these, or are they individually contracted, or -- for these, you know, big wind…

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Garrett, for what purpose do you rise? 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

Yeah, I -- I missed some of the discussion, but I -- I have a question for the sponsor.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates she'll yield. Senator Garrett.

So, local control. So, if you are a non-home rule community and you wanted to have a distance of two thousand five hundred feet, what would - you know, with these wind farms - what would happen with your legislation?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

Thank you. So where are these communities that have no zoning commissions or zoning boards? I mean, is it a handful of rural communities? What are we really talking about here?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 133  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

Thank you, again. So we're only talking about a handful of communities and what we're saying here is that we are going to make the rules on your behalf. We are going to tell you, handful of communities that don't have zoning boards or commissions, that this is the distance in which you can have these wind farms built.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.

That's all.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no further discussion, Senator Althoff, to close.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 5814 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 - you just got the new record, Senator - who wish? Take the record. On that question, there are 20 voting Yea, 24 voting Nay, 4 voting Present. House Bill 5814, having received the required constitutional majority, is declared failed -- failed to receive the required constitutional majority, is declared failed, and the new champ being… Senator Steans, on House Bill 5825. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

Thank you, Madam President, Members of the Senate. Last Session, we created a State Charter School Commission as an independent State agency. This is a trailer bill that makes, for administrative purposes, this Charter School Commission a part of the Illinois State Board of Education. This became a requirement so that the Comptroller can actually give them their appropriation authority and sort of administratively make -- 136  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 make the agency work. I would urge an Aye vote.

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

A question of the sponsor.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates she'll yield. Senator Maloney.

Again, our analysis indicates, Senator, that the IFT opposes this legislation. Can you articulate for me why that might be?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

That's just because they opposed the initial independent Charter School Commission. They like this better than the way it was structured, but they're just being consistent.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Maloney. Seeing no further discussion, the question is, shall House Bill 5825 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 {sic} (48) voting Yea, 2 voting Nay, 0 voting Present. House Bill 5825, having received the required constitutional majority, is declared passed. Senator Steans, on House Bill 5826. She indicates she wish to proceed. Mr. Secretary, please read the bill. 137  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

This bill is an initiative of the Illinois State Board of Education. It's their annual obsolete and duplicative changes to the School Code bill. So it's sort of a clean-up bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5826 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 -- 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5826, having received the required constitutional majority, is declared passed. President Cullerton, on House Bill 5866. Out of the record. President Cullerton, on House Bill 5877. Out of the record. Senator Righter, on House Bill 5880. Out of the record. Senator Koehler, on House Bill 5893. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler. 138  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

Thank you, Madam President and Members of the Senate. What this bill does is it encourages convention center boards and other private or public entities that operate convention centers to provide space at a free or reduced rate to local farmers' markets to use that space to hold the market in cases of bad weather. The market -- "farmers' market" has the same definition as the meaning in the Farmers' Market Technology (Improvement Program) Act. Happy to answer any questions and encourage an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5893 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5893, having received the required constitutional majority, is declared passed. Senator Millner, on House Bill 5899. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Millner.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none -- Senator Lauzen, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Millner.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Lauzen.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor did indicate that he would yield. Is there further explanation, Senator Millner? 140  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no further discussion, the question is, shall House Bill 5899 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5899, having received the required constitutional majority, is declared passed. Senator Kotowski, on House Bill 5922. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Kotowski.

Thank you, Madam President. House Bill 5922 amends the Stalking No Contact Order Act and Civil No Contact Order Act to provide for short form notification of these orders. The bill 141  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 provides that the sheriff, other law enforcement official, or special process server may serve a respondent with a short form notification of the civil no contact order or a stalking no -- no contact order.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 5922 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, 0 voting Nay, 0 voting Present. House Bill 5922, having received the required constitutional majority, is declared passed. Senator Kotowski, for what purpose do you rise?

Just a quick point of personal privilege. I -- I neglected to respectfully request an affirmative vote on the previous vote, even though it was voted on affirmatively. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. The Chair has the discretion whether not I allow you to close. I didn't find it necessary. Leader Clayborne in the Chair.

PRESIDING OFFICER: (SENATOR CLAYBORNE) We're going to the middle of page 7, starting with House Bill 404. John Sullivan. John Sullivan. John Sullivan. Out of the record. I'm sorry, John. Mr. -- Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, to explain.

Thank you, Mr. President. The bill is an initiative of the Department of Natural Resources. It removes some statutory requirements that have been placed on DNR. It allows them to -- to increase their efficiency. It also removes some unnecessary and outdated requirements. I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 404 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. There are 54 voting Yea, none voting Nay, none voting Present. House Bill 404, having received the required constitutional majority, is -- is declared passed. House Bill 411. Senator Raoul. Senator Raoul. Senator Raoul. Out of the record. House Bill 503. Out of the record. House Bill 506. Senator Muñoz. Senator Muñoz. Mr. Secretary, read the bill. 506 out of the record. House Bill… With leave of the record {sic}, we will return to House Bill 506. Senator Muñoz. Mr. Secretary, read the bill. Senator Muñoz seeks leave of the Body to return House Bill 506 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 506. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Muñoz, to explain. SENATOR MUÑOZ: Thank you, Mr. President. The amendment just creates the exemption for the seniors. I'll discuss it once we get to the bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. With leave of the Body, we'll return to House Bill 411. Senator Raoul. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain.

Thank you. And, Mr. President, Ladies and Gentlemen of the Senate, House Bill 411 amends the Civil Administrative Code of Illinois by allowing the Department of Labor to apply for, accept, receive, expend, and administer any grants, gifts, loans, funds, or anything else of value made available to it, as 144  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 long as the funds are used only for the purpose for which they are contributed and any -- remaining balance is returned to the contributor.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Cultra, for what purpose you seek recognition?

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to close? The question is, shall House Bill 411 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. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 411, having received the required constitutional majority, is declared passed. House Bill 735. Senator Muñoz. Mr. Secretary, read the bill. Senator Muñoz seeks leave of the Body to return House Bill 4 -- I mean, 735 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 735. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 145  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Senator Muñoz, to explain. SENATOR MUÑOZ: Thank you, Mr. President. Floor Amendment 1 amends the Liquor Control Act to allow mayors and village presidents to have direct interest in the sale, manufacture, or distribution of liquor as long as another person is appointed to serve as the local liquor control commissioner. It establishes a mechanism by which an alternative liquor control commissioner can be appointed by the respective board or council.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Mr. Secretary, read the bill, House Bill 735.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Muñoz, to explain. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. That Floor amendment that I just explained about is the bill. I know of no opposition other than the Church Action on Alcohol and -- Addiction (Problems). I will answer any 146  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Lauzen, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he'll yield. Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Muñoz. SENATOR MUÑOZ: No, Senator. That's what this bill does. He would turn it over to someone else.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Muñoz. SENATOR MUÑOZ: No. Not that I'm aware of, Senator.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen. Senator Righter. Being no further 147  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 discussion, Senator Muñoz, to close? The question is, shall House Bill 735 pass. All those in favor, 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. There are 37 voting Yea, 20 voting Nay, none voting Present. House Bill 735, having received the required constitutional majority, is declared passed. House Bill 930. Senator Haine. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain.

Thank you, Mr. President. This bill amends the State Finance Act to prohibit a State law enforcement agency from accepting federal dollars that would require the agency to establish motorcycle-only roadside checkpoints. It's an initiative of ABATE and there's no opposition to the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 930 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. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 930, having received the required constitutional majority, is declared passed. House Bill 1084. Senator Cullerton. Senator Cullerton. Out of the record. 148  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 House Bill 1151. Senator Sandoval. Senator Sandoval. Senator Sandoval. Out of the record. House Bill 1157. Senator Cullerton. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 1237. Senator Raoul. Senator Raoul. Out of the record. House Bill 1261. Senator Sandoval. Sandoval. Senator Sandoval. Out of the record. House Bill 1299. Senator Noland. Out of the record. House Bill 1390. Senator Luechtefeld. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Luechtefeld, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 1390 pass. All those in favor, 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 149  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 1390, having received the required constitutional majority, is declared passed. House Bill -- with leave of the record {sic}, we'll return to House Bill 1404. House Bill 1447. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 1466. Senator Lightford. Senator Lightford. Senator Lightford. Out of the record. House Bill - - 1489. Senator Cullerton. Out of the record. House Bill 1554. Senator Garrett. Senator Garrett. Senator Garrett. Out of the record. House Bill 1605. Senator Harmon. Senator Harmon. Senator Harmon. Out of the record. House Bill 1882. Senator Cullerton. Out of the record. House Bill 2083. Senator Cullerton. Out of the record. House Bill 2557. Senator Forby. Out of the record. House Bill 2582. Senator Dillard. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Raoul.

To the bill: I rise in support of the good work that Senator Dillard has done over the years with the CLEAR Commission. I often speak to this in our Criminal Law Committee, but I want to say it for all ears, at -- at least of -- of this Chamber to hear: Let us not undo the good work that Senator Dillard has done over the years to realign our Criminal Code. And the Members needed to be alerted as to how we undo that good work. Oftentimes, we come with bills with very good intentions to change our Criminal Code - adding new offenses that are already covered by offenses in the Criminal Code, changing penalties without looking at how they align to similar penalties in the Criminal Code - and we do things with good intentions, but it undoes the good work that Senator Dillard has done and others have -- have done with the CLEAR Commission. And let's -- so let's be cautious about that. I urge an Aye vote on this.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any further discussion? Seeing none, the question is, shall House Bill 2582 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 151  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 2582, having received the required constitutional majority, is declared passed. House Bill 2842. Senator Cullerton. Out of the record. Jason Ronimous, with WICS, requests leave to shoot live video. Seeing no objection, such is granted. House Bill 2891. Senator Raoul. Out of the record. House Bill 2896. Senator Harmon. Out of the record. We'll -- we'll take leave of the Body and return to House Bill 2984. House Bill 3076. Senator Cullerton. Out of the record. House Bill 3091. Senator Jones. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 152  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Is there any discussion? Senator Pankau.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill 3091 pass. All those in favor, 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 3091, having received the required constitutional majority, is declared passed. House Bill 3329. Senator Raoul. Out of the record. House Bill 3340. Senator Haine. Out of the record. House Bill 3366. Senator Dillard. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill -- 3366 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 3366, having received the required constitutional majority, is declared passed. House Bill 3450. Senator Muñoz. Out of the record. House Bill 3779. Senator Cullerton. Out of the record. House Bill 3782. Senator Radogno. Senator Radogno. Leader Radogno. Leader Radogno. Out of the record. House Bill 3804. Senator Silverstein. Senator Silverstein. Senator Silverstein. Out of the record. House Bill 3806. Senator Luechtefeld. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Luechtefeld, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3806 pass. All those in favor will vote Aye. Those 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. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 3806, having received the required constitutional majority, is declared passed. House Bill 3825. Senator Frerichs. Senator Frerichs. Senator Frerichs. Out of the record. House Bill 3865. Senator Cullerton. Out of the record. House Bill 3875. Senator Muñoz. Out -- out of the record. House Bill 3881. Senator Harmon. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon, to explain. 155  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a -- a very simple bill in one way, but certainly a bill that has attracted an unusual share of controversy. The bill itself would establish a moratorium on the creation of new or expansion of existing landfills in Cook County. It's born out of a border fight between the City of Chicago and the Village of Dolton over two adjacent landfills - the owner of which would like to build a new landfill, essentially on the top of it. The City of Chicago, as you know, has a moratorium on landfill development, which stalls this sort of effort. There's an effort underway to disconnect that parcel from the City of Chicago to permit the development. This bill is most strongly supported by community activists from the neighborhood, who have lived surrounded by landfills for -- for decades and were looking forward to the -- the end of active landfilling at this site. The resuscitation of a -- of a new landfill in this area would generate roughly two hundred and fifty trucks of garbage a day rolling through the neighborhood. So, because of the -- the support of the neighborhood activists and the broad support of the environmental community, as well as, very importantly, the Department of Natural Resources, who have made a tremendous investment of State resources in the neighborhood, I am supporting this bill. There is undeniably a layer of infighting among landfill operators and I don't want to dismiss that notion. But, frankly, I'm -- I don't like to be in the position of refereeing disputes within an industry and I have come to the conclusion that what we are really doing is maintaining the status quo. I don't believe anyone is 156  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 advantaged or disadvantaged compared to the current state of the law by this enactment. I'm sure that there will be questions, Mr. President. I look forward to answering them.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3881 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. There are 26 voting Yea, 21 voting Nay, 1 voting Present. House Bill 3881, having -- have -- has not received the required constitutional majority, is declared failed. Senator Harmon, for what purpose do you seek recognition?

Thank you, Mr. President. I'd ask that House Bill 3881 be placed on the Order of Postponed Consideration.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon requests that -- that House Bill 3881 be postponed. The bill will be placed on the Order of Postponed Consideration. Senator Garrett, on House Bill 3934. Out of the record. Senator Bill Haine, on House Bill 3935. Senator Haine. Senator Haine. Senator Haine. Out of the record. House Bill 3985. Senator Steans. Senator Steans. Senator Steans. Senator Steans. Out of the record. House Bill 4050. Senator Harmon. Out of the record. House Bill 4076. Senator Iris Martinez. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Martinez, to explain.

Thank you, Mr. President, Members of the Senate. House Bill 7 -- 4076 adds the definition of the "school" to the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail -- Technology Act of 1985 to conform to federal law. This would ensure that for-profit institutions can accept student loans as form of payment. As amended, it allows a barber to be licensed after graduating from a cosmetology school as long as he or she has completed the necessary requirements from the Department. The amendment attempts to increase the number of available licensed barbers. Current law only allows person to be licensed as a barber after graduating from the school of barbering. And I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Raoul.

I -- I rise in support of this bill. I tried to go to the barber shop yesterday. I didn't realize, because I hadn't been to the barber shop in over twenty-five years - for good reason - that barber shops are closed on Mondays. So, hopefully, with more barbers coming on board, we will find somebody willing to open up a barber shop on Monday so that I and my son, who has hair, can go to the barber shop.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any further discussion? Seeing none, the question is, shall House Bill 4076 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 158  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 4076, having received the required constitutional majority, is declared passed. With leave of the Body, we're going to return to the Order of House Bill 3782. Leader Radogno. Mr. Secretary, read -- read the -- read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Leader Radogno, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3782 pass. All those in favor, 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. There are 55 voting Yea, none voting Nay, 2 voting Present. House Bill 3782, having received the required constitutional majority, is declared passed. On the Order of House Bill 4078, Senator Martin Sandoval. Mr. Secretary, read 159  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval, to explain.

Thank you, Mr. President, Members of the Senate. House Bill 4078 is a similar bill that passed last year in the Illinois General Assembly, nearly unanimous in both Chambers. It was AV'd by the Governor, and the language that he requested would be that it'd be permissive to allow him final approval of this piece of legislation. And I'd ask a favorable vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield. Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval.

It -- it is a bill that provides the Tollway Authority the authority to lay rail. 160  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Sandoval.

To the bill, Mr. President. This bill does not stipulate that the Tollway Authority has the expertise to build railroads. It simply allows the Tollway Authority to -- to allow the Authority to have a rail system built alongside their properties within their system.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval.

161  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 So this -- your definition of high-speed rail is yet to be defined. This bill merely just allows the Tollway Authority to allow for a rail system to be built along its -- its -- its jurisdiction and its territory and its land. It has nothing to do with high-speed rail. It could be the CTA. It could be Metra. It could be any other agency that would provide greater rail service, especially to the collar counties, like yours out in Kane.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dale Righter. No? Senator Michael Jacobs.

Thank you, Mr. President. I just want to thank the sponsor for his wise leadership on -- on rail in Illinois, as well as the roads. And I just want to remind him that I have a hundred- and-seventy-million-dollar project that's going from Chicago to Moline, and that's why I love this bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Seeing no further discussion, the question is, shall House Bill 4078 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. There are 53 voting Yea, 4 voting Nay, 1 voting Present. House 162  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Bill 4078, having received the required constitutional majority, is declared passed. House Bill 4081. Senator Haine. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain.

With the rain in Spain. Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill amends the Criminal Code and it provides -- in a -- a precedential act, it provides as an exemption to the eavesdropping prohibitions in Illinois law that, with the -- that with the prior request to and verbal approval of a State's Attorney of a -- of a county, upon reasonable cause, a police officer may engage in an audio and visual recording of a drug transaction for prosecution purposes. It has several firewalls around this to avoid any other use of it than in a drug offense, and that is, it has to be reviewed by a judge, the -- the record taken, and cannot be used for any other evidentiary purpose except the commission of a -- forcible felonies that flow from the drug offense, such as aggravated battery to a police officer, armed violence, or anything else. This is an initiative of all the police departments and the police chiefs and the sheriffs of Illinois to do something about street corner drug sales, which cannot be easily monitored with our warrant system and are the primary source of the street violence which has tragically taken the 163  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 lives of so many innocent people over the years. And I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Raoul.

To the bill: While I have tremendous admiration for the sponsor, particularly for his sesquipedalian speech patterns - I said I have admiration for your sesquipedalian speech patterns - what this is, is an inching forward of exemption on eavesdropping. A couple of General Assembly's ago, there was a RICO bill presented that was a very broad one, that had very broad eavesdropping exemptions. And then we were approached, maybe last Session or Session before, with a limited exception for human trafficking - a limited exception for human trafficking. And now we're inching forward a little bit more. And we say this is limited to street crimes, drug trafficking. And at one point, it was said that this was needed for the protection of police officers. It should be noted that in the Act, as it exists right now, that exemption exists for the protection of police officers, that you can just go to a State's Attorney if a police officer is at risk and get that exemption. That's Section 3(g) of the Act. So I would just caution you that Big Brother is coming. It may be 2012 and we may be eighteen years later, but Big Brother is coming. And you may think, well, I'm not involved in human trafficking, I don't know anybody involved in human trafficking or in drugs, but they're just inching forward to invasion of privacy without the intervention of a judge. I caution you. You may say it's not me, but it will be you tomorrow if we continue to allow this 164  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 inching forward. Our Constitution has a specific protection, within our State Constitution, with regards to eavesdropping and we're going against the spirit of our State Constitution. I urge a No vote.

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

Thank you, Senator. The -- I -- I would add to you that in all of the states surrounding Illinois, police officers can do this without anyone's specific approval at all. There's no prohibition, as we have in Illinois. So, Wisconsin, Indiana, Kentucky, Missouri, Iowa, so on. So -- so -- we -- but in Illinois, there's this eavesdropping -- strict eavesdropping law. The steps to be taken are, upon reasonable cause, the State's Attorney is requested to approve a -- a conversation which is anticipated to occur and gives verbal approval. He or she may have written approval. This is because of the fast- moving dynamic of the street. In the other instance, which the Senator talked about, the State police have a role in it, issuing regulations. But the State's Attorney, the chief law enforcement officer of the county, the one charged by the people with faithful execution of the law, is responsible for the 166  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 approval to the officer. Once that recording takes place pursuant to that approval, a judge must determine whether the -- the -- the evidence is to be admitted into evidence - what happened - and a judge may not admit into evidence any conversation -- for example, if someone is recorded during the drug buy as saying they were on the grassy knoll in Dallas on November 22nd, that's not admissible. It's only those things related to the drug offense. So there's a -- several firewalls around this to avoid any abuse, which -- which my dear friend, Senator Raoul, has so eloquently referred to. So you have -- so you have the -- the State's Attorney, accountable to the voters, and then you have a judge.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

In proceedings -- under the bill, a judge will hear -- the defense attorney will file a motion to suppress and the judge will hear the matter, before the evidence is admitted. That's what happens now. Check and balance.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine. 168  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

Senator, this does not involve phone tapping. This is a street buy we're preventing. And -- and we are obtaining evidence of the street buy to put the drug dealer out of business. In this case, the -- the -- the -- this is the use of the law - the use of the law - to preserve order. That's what it is. And the State's Attorney is charged by oath to faithfully execute the laws, the same duty, actually, as the Governor of Illinois. And that duty is made -- is possible by this exemption and the State's Attorney, who's responsible to go to court to get a search warrant or to get a wiretap, and that's how they discovered -- Governor Rod's schemes. All those things are reviewed by a court, a court of law, because the Constitution prohibits unreasonable searches and seizures, not all searches and seizures - unreasonable ones. And this is consistent with what's going on in every other state. It's -- it's made with the checks and balances that we in Illinois are used to and it creates firewalls around the transaction so that it won't become a fishing expedition. The police officers, who are sworn to uphold the law and to also execute the law, are in charge of this, under the direction of the State's Attorney and reviewable by a court of law.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

It's gathered with a wire, authorized by the State's Attorney and placed on the officer. So when the drug dealers turn on the officer, the surveillance team can immediately know that officer's in danger. And in addition to that, if there's no violence on the officer, it allows the State's Attorney to prosecute these cases, which are not prosecutable now to a large extent because of the dynamic of the drug trade. And I say again, the problem on the street is the warfare between competing gangs, which have taken the lives of the innocent. That's the threat. It's not of a -- a character who brings a false case, such as the Duke case, or some other matter. Those are -- there are remedies for that. That individual was suspended from the practice of law and removed from office. These are -- this is a bill which is crafted to be narrow in scope, consistent with the traditions of Illinois. It's reviewable by a judge. It's under the authority of a State's Attorney, who's accountable to the voters. It's carried out by sworn police officers, who are also accountable. 170  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland.

Thank you, Mr. President. Couple questions for the sponsor.

PRESIDING OFFICER: (SENATOR CLAYBORNE) …indicates he'll yield.

Thank you. Senator, can you give us an example of the type of public safety question that's at heart here? Can you give us an example of how it is and under what circumstances a police officer's safety would be preserved?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

I -- I didn't get the last part of that question.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland.

How is it that we are going to enhance officer safety with this bill?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

The conversation will be monitored by surveillance officers, who will immediately determine when there's a situation where the officer is placed in danger. They will be listening in. There was a chief of police, I believe - I stand to be corrected - somewhere in Illinois, who was beaten with 171  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 baseball bats when he was investigating an on-sale drug crime before he was chief.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland.

And it's your suggestion that other officers listening in on that conversation would have been able to intervene in time?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

Yes, that's my reasonable expectation.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland.

Based upon what knowledge?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

I suppose it's a reasonable speculation.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland.

Fair enough, it's a speculation. I appreciate that. Let me ask you this. What level of reliability or reasonableness will the State's Attorney be held to?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

It -- it -- he's being held to approving this upon 172  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 reasonable cause to believe that the individual will be -- will be committing a drug offense. And then the recording or the intercepting conversation will be reviewed by a court of law to determine the admissibility of the evidence. There's a reasonable period of time where this thing is operative and that is twenty-four consecutive hours.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland.

Thank you. Senator, can you give us an example or can you state what other states have used this specific language of reasonable cause to base the issuance of this authority?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine.

It's in the Illinois Code now and cases have stated that it's similar to probable cause. But in the surrounding states, Senator, as I pointed out, they don't need this because they don't have Illinois' first-party consent requirements. So the officers wouldn't need this procedure at all. They would just set up the drug buy, record it, and the people would be arrested and charged.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Noland.

To the bill, Mr. President. It's not often that I rise in opposition to a Member's meaningful attempt to enhance public safety, but in this instance, what we are proposing to do is to merge two legal doctrines that here in the State of Illinois 173  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 have yet to occur. We're emerging the doctrine or the legal standard of reasonable suspicion with that of probable cause. Probable cause is the basis upon which a judge, a judge, issues a warrant. We are now taking the unprecedented position and step of allowing a State's Attorney to make this call. This is going to be one of those bills, one of those laws, that will be challenged, I submit, and that will come back, having been overturned by either an appellate or the State Supreme Court. So I ask you to consider the fact that there is a difference between belief and knowledge and that here in the State of Illinois and under Illinois v. Gates and under other precedent that we have not allowed this type of -- this type of authority to be placed in the hands of a State's Attorney. And I urge a No vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill, Senator. SENATOR MUÑOZ: Ladies and Gentlemen of the Senate, I commend the sponsor. This legislation is a safety measure for the officers. Undercover officers that are working, normally work hours that people are sleeping, hours that a lot of their fellow officers are not around. This tool, that the State's Attorney be given this privilege, will only let them do this for the twenty-four- hour period. Senator Millner and Senator Bivins will tell you, the teams that are used for undercover work are extraordinary 174  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 officers. They are gone for months on end sometimes, and that's only on the local level. I -- I can't stress enough how important this bill is. Yes, my colleague is right, the -- the judges do -- right now, they'll go out and say if they have probable cause for us to go ahead and do that. But, with this bill, for the undercover officer dealing with the drug dealer, the State's Attorney, if they're wrong, it still has to go before a judge anyway. So, Ladies and Gentlemen, I can't stress enough to tell you, the men and women that are undercover, they're not carrying any weapons on them; the phones that they use is a regular phone. So, please, think about that and -- and I -- I ask for an Aye vote. If the Supreme Court turns it over, well, then so be it. But, you know what, if we can save an officer's life, his or her life, I think it's worth it. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to close.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Thank you for all the -- the comments and colloquy on the -- on this most important bill. I would emphasize just a couple points again. This is not unprecedented. All the states of the Union, save two, and we're one, have no need for -- for this. And we're exempting this in Illinois law and custom only -- in -- in narrow circumstances. Senator Muñoz eloquently pointed out the circumstances, the danger to the -- the -- the officers. The states which do not have the prohibitions on eavesdropping, again, just the ones surrounding us, Iowa, Wisconsin, Indiana, Missouri, and the rest, none of them are 175  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 sweltering under the hot sun of tyranny as we speak. They have drug enforcement that's much safer to the officers. And that's what we're asking. And we're also asking for a tool consistent with the law, with judicial review, that allows officers to go after those that are bringing death and destruction and violence to the streets of our cities. We're doing something positive about it. These are men and women - as Senator Muñoz and Chief -- Senator John Millner, two people who've been in the ranks, have so ably put it - they go in to these things every day to protect us and our -- our -- our children and the peace of our communities. We should give them this small tool to keep them safe and to render their efforts productive. Thank you.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 4081 pass. All those in favor -- 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. There are 42 voting Yea, 14 voting Nay, 1 voting Present. House Bill 4081, having received the required constitutional majority, is declared passed. Senator Jacobs, on House Bill 4110. Out of the record. Senator Cullerton, on House Bill 4136. Out of the record. Senator Harmon, on House Bill 4139. Out of the record. Britt Harris seeks leave, from WCIA, to shoot video. Seeing no objection, leave is granted. Senator Cullerton, on 4148. Out of the record. Senator Hunter, on 4177. Mr. Secretary, read the -- read the -- the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter, to explain.

Thank you, Mr. President. House Bill 4177 amends the Public -- the Illinois Public Labor Relations Act and the Disabled Persons Rehabilitation Act to specify that maintenance home health workers employed under the Home Services Program are State employees for collective bargaining purposes. This bill preserves the status quo collective bargaining rights of personal assistants who work in the Home Services Program in the Department of Human Services in the context of a managed care system. Because of the complexities of the co-employment status of personal assistants, this bill basically clarifies that personal assistants continue to have collective bargaining rights with the State if they are working as part of a managed care program. This bill also ensures that there is parity across the home services program for all independent providers working in the program, from personal assistants to maintenance home health workers. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Cultra.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she'll yield. Senator Cultra.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter.

Senator, we're not adding any new people. These people are already employed. It's just that twenty-eight thousand of these workers have collective bargaining rights. And five hundred are working, but they do not have the collective bargaining rights. And so what this bill will do is put those five hundred, who are already employed, in collective bargaining for benefits.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cultra.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter.

It's like a -- a dual relationship, Senator, where they're State workers and then they're with…

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cultra.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter.

No, Senator. No one contacted me. There -- there is -- 178  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 according to our analysis, there are no opponents at all on this bill. So I have no idea.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cultra.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Any other -- any other discussion? Seeing none, the question is, shall House Bill 4177 pass. All those in favor will vote Aye. Senator Hunter, to close.

Thank you, Mr. President. The purpose of the legislative intent: This legislation covers home care workers in the Home Services Program who perform the duties of personal assistants, personal care attendants, and individual maintenance home workers, regardless of job classification. This bill will in no way impact the status of any other -- anyone other than the specific individuals who are employed through the Home Services Program whose wages are paid by the State of Illinois either directly or through a State agreement with a managed care intermediary. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 4177 pass. All those in favor, 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. There are 37 voting Yea, 15 179  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 voting Nay, none voting Present. House Bill 4177, having received the required constitutional amendment {sic}, is declared passed. House Bill 4242. Senator Forby. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Forby.

Thank you. House Bill 4242 was a tragedy that struck in Harrisburg and the surrounding community earlier this year. On February 29th, it struck Harrisburg, Ridgway and Carrier Mills, and there wasn't enough damage to get federal assistance on this bill {sic}, so what -- what we done was, Brandon Phelps and I went to the county and we're going to give a -- this -- a proposal of a property tax break for people who lost their homes in a disaster like what's happened down here. For example, you had a house that cost fifty thousand dollars and you -- and when you rebuild it, it's -- it's worth sixty thousand after they rebuild, had to bring it up to code or make other improvements, they will still only be taxed at fifty thousand dollars. What this does -- this bill does, if they have a -- a person has a house, say fifty thousand dollars, and it costs -- then they can only build ten percent more than what the house -- ten percent bigger than what the house was before, but what it goes back -- it goes back to the tax -- tax assessment before the tornado, or floods, or wildfire, or earthquake that happened to 'em, and 180  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 then it goes on. It don't -- they don't freeze at that one year; it goes on. Like a library, next year it raises their taxes up, it goes up. The EVA {sic} (EAV) raises up. And the person that we've -- in committee, we had a little question on. The assessor of that county approves this. So all we're doing is -- is -- it's going to a -- a county that would have had a tornado or a flood or something to keep their tax assessment the same, 'cause a lot of people cannot afford. You build another house and it goes up. Say their taxes, for example, was fifteen hundred dollars they've been paying every year, and it goes up to twenty-five hundred. They can't afford that. So to -- as along as they own the house - they can't build it any bigger than ten percent - the taxes will -- will be the same as the tornado. This came out of the House with no opposition. I just ask for your vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4242 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. There are 57 voting Yea, 1 voting Nay, none voting Present. House Bill 4242, having received the required constitutional majority, is declared passed. House Bill 4324. Senator Steans. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 181  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Senator Steans, to explain.

This bill is a cleanup. Last Session, we allowed the City of Chicago to grant a liquor license to the So Gong Dong Tofu House, which is near a school. There had been just some incorrect descriptions of the property. This fixes those incorrect descriptions.

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield. Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

I knew that's where you were going with this. I can just try to repeat perchloroethylene, or whatever the heck that was you wanted me to repeat before. So Gong Dong Tofu House. So Gong Dong -- Tofu House. And I can't do it again.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Seeing no further questions -- discussion -- discussion, the question is, shall House Bill 4324 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 182  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 voted who wish? On -- on that record, the -- take the record, I'm sorry. There are 45 voting Yea, 10 voting Nay, none voting Present. House Bill 4324, having received the required constitutional majority, is declared passed. House Bill 4445. Senator Righter. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Righter, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Garrett.

Senator Righter, so tell me about this Board? It's located 183  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 in what part of the State?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett.

So do you think that economic development should only take place in the southeastern part of this State and we shouldn't be looking at a comprehensive approach to economic development?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett.

Senator Righter, I had a bill, just maybe a couple hours ago, about the audit of State vehicles and you talked about the 184  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Judiciary agencies in the State and the, I'm sorry, the legislators not being included. So tell me -- I mean, we're trying to make some sort of a parallel here. Is there a reason why you think that the southeastern part of the State is different, has different economic needs, compared to the entire State?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Garrett.

Yes, thank you. This is actually a good bill. I just thought we'd have a little fun with Senator Righter 'cause he likes to have so much fun with our side of the aisle.

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

Question of the sponsor.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he'll -- he -- he will -- he will yield. 185  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

I just wanted to make sure. Senator, are you sure this bill goes far enough in addressing the issues we need to address here? I have some concerns. If there are members who may be incompetent or neglect their duties, are you sure we're making sure that's well taken care of here?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes.

Senator, since you brought up those very valid points, maybe you should pull this bill from the record and amend it with those changes and bring it back to us on the Floor.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes.

Isn't it my understanding -- now I have not been in this Chamber nearly as long as you have, but is -- I believe that there have been times when the time has actually stood still or gone backwards? Perhaps we could do that in this case.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes.

Thank you, for your indulgence. That was a little fun. I would urge us all to vote Aye on this bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Murphy, what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR CLAYBORNE) …bill. Senator Murphy.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Mike Jacobs, what {sic} do you seek recognition?

No, no, no. I just rise in strong support of the Senator's bill. I think it is a good learning tool, though, for the -- for the young radicals to notice that if you work together, you can actually move the State forward, you know. And that's the one thing I want to leave you with, Senator. I really do appreciate your -- every day, your -- your grind on -- on the Illinois Senate, asking us the tough questions, making us answer things that sometimes we can't answer, and I appreciate that. But I would encourage my young Members over here to join the team. You have a great guy like Senator Jones, leaving -- leaving the facility, who knows how to work across partisan lines. I'd recommend that some of my younger Members pick it up.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.

Earlier -- I have a -- a question to the sponsor.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he'll yield.

Earlier in Session today, you had mentioned about the 188  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 lengthy dialogue on one of my bills and I -- I had to say that it was longer than I expected. Was this longer than what you expected on your bill?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Crotty.

And I would have to say that you helped me at the very end by saying, as I'm going to say, that I think this is a good bill and I think that it deserves an affirmative vote. Thank you.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator John Jones.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Emil Jones III.

PRESIDING OFFICER: (SENATOR CLAYBORNE) There's one additional speaker -- two additional speakers, Senator Jones. Senator Raoul.

I -- I just actually rise -- I saw Senator Sandoval is not on the Floor, so I wanted to delay a little bit, just in case, Senator Sandoval, you hear us in your office and you wanted to come up here. Everybody has spoken to this bill and I just want to -- question of the sponsor. How does this affect Latinos in the southeastern section of the State?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) And the last speaker is Jeff Schoenberg.

Question of the sponsor, Mr. President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates that he's always willing to yield, Senator Schoenberg.

Senator Righter, can you tell me how many times, over the course of our tenure together here in the Senate, you've told me that I haven't given a straight answer to any of your questions?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schoenberg.

I would doubt the veracity of that statement, Senator Righter, because almost every time I've spoken in a colloquy with you in Floor debate with you, you've either accused me of not addressing the subject matter at hand, addressing the subject matter at hand of bills which haven't even been anticipated before, of talking up and down, side to side, not answering the question. What I want to know about this bill, Senator Righter, is how many counties are involved in southeastern Illinois? And as a follow-up, would the county that Senator Murphy wants to start in Palatine, when they secede from Cook County, would that be one of the counties that would be covered by the Southeast {sic} Illinois Economic Development Board?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 191  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Senator Schoenberg.

So, if you were to consider an annexation request, would you go back to federal court to change the congressional and legislative maps to reflect that change in annexation?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schoenberg.

Is that separate Senate districts or with an eye towards perhaps greater things, separate congressional districts?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Schoenberg.

There has to be a provision in the truth in sentencing laws that would prohibit him from going back to the House, because that would not be a just punishment. Thank you very much, Senator Righter. I'll miss moments like this and others, which 192  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 I'm sure are to follow between now and January, and I urge an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter, to close?

PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 4445 pass. All those who -- in favor, 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. There are 57 voting Yea, 1 voting Nay, and none voting Present. House Bill 4445, having received the required constitutional majority, is declared passed. Senator Schoenberg, for what purpose do you seek recognition?

Mr. President, I was going to request a verification of the negative?

PRESIDING OFFICER: (SENATOR CLAYBORNE) There was only one, Senator Schoenberg.

Thank you.

PRESIDING OFFICER: (SENATOR CLAYBORNE) House Bill 4513. Senator Cullerton. Out of the record. House Bill 4521. Senator Cullerton. Out of the record. House Bill 4526. Senator Steans. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans, to explain.

All right, I'm mildly concerned that this had to be my next bill up. House Bill 4526 amends the Environmental Protection Act to require drycleaning machines that use perc to have both primary and secondary control systems starting January 1st, 2013. This has been an agreed-upon bill at this point. We're - - existing…

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Steans, I'm sorry, I -- I was told we have to recall your bill for a Floor amendment. Is that correct? Okay. Senator Steans seeks leave of the Body to return House Bill 4526 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 4526. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR CLAYBORNE) Now, Senator Steans, to explain.

I'll finish explaining it on 3rd.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 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? 194  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Now on the Order of 3rd Reading, Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans, to explain.

So, last Session, this Chamber had voted to ban the use of perc in drycleaning machines. That did not pass in the House. We're now going back and we've worked out an agreement that instead of banning it, we are requiring training on it and demonstration that they're disposing of the waste properly. And in a preemptory move, I'm just going to close by saying perchloroethylene, perchloroethylene, perchloroethylene. I think I got it, Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4526 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. There are 53 voting Yea, 6 voting Nay, none voting Present. House Bill 4526, having received the required constitutional majority, is declared passed. Senator Jones, on House Bill 4531. Mr. Secretary, read the bill. 195  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4531 pass. All those in favor, 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 4531, having received the required constitutional majority, is declared passed. With leave of the Body, we'll return to House Bill 4559. Senator Steans, on House Bill 4563. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans, to explain. SENATOR STEANS: Thank you, Mr. President, Members of the Senate. House Bill 4563 amends the Illinois Health Facilities Planning Act, requiring facilities licensed under the ID/DD Community Care Act to provide thirty days' written notice of their intent to reduce the number of beds at a facility or their intent to close a facility. The facilities will not need a permit prior to doing this. It also allows for the creation of a new annual survey for these facilities. I'd urge an Aye vote. There's no opponents that I'm aware of.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4563 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. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 4563, having received the required constitutional majority, is declared passed. House Bill 4568. Out of the record. Senator Cullerton. House Bill 4569. Senator Jones. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4569 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. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 4569, having received the required constitutional majority, is declared passed. House Bill 4570. Senator Cullerton. Out of the record. House Bill 4573. Senator John Sullivan. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 198  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Senator Sullivan, to explain.

Thank you, Mr. President and Members of the Senate. The bill removes from the Illinois Commerce Commission the authority for the safety inspection in -- in construction of, and maintenance and operation of CO2 pipelines in Illinois. This is -- this -- this jurisdiction is currently under the federal Pipeline and Hazardous Materials {sic} (Material Safety) Administration, so it's not necessary. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4573 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. There are 40 -- there are 58 voting Yea, none voting Nay, none voting Present. House Bill 4573, having received the required constitutional majority, is declared passed. House Bill 4586. Senator Haine. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Haine, to explain.

Thank you, Mr. President. This amends the Illinois Youth and Young Adult Employment Act of 1986 and -- and several other 199  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Acts. And it allows the establishment of -- creation of the Illinois Veteran Conservation Corps and sets forth the criteria for young adults, eighteen through twenty-five, who are unemployed, and veterans to participate in this. It -- it doesn't create any new funding mandate, but it -- it authorizes the Department to -- to ask local sponsors to become part of this program and to help fund it.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4586 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. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 4586, having received the required constitutional majority, is declared passed. House Bill 4586. No? House Bill 4606. Senator Steans. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans, to explain.

Thank you, Mr. President, Members of the Senate. This bill is an initiative of the Illinois Emergency Management Agency. Radon is a radioactive gas that's a leading cause of lung cancer. This bill provides that licensed day care entities will have their facilities tested once every three years, and when 200  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 they go for their renewal of their application, they'll submit proof that they've had radon tested over the last three years. I would urge an Aye vote.

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

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she'll yield. Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Yeah, they need to, when they renew their application with DCFS, show that they have, in fact, had it tested.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Yes. It is to be posted next to the license.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter. 201  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

That is correct.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill 4606 pass. All those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 52 voting Yea, 6 voting Nay, none voting Present. House Bill 4606, having received the required constitutional majority, is declared passed. House Bill 4615. Senator Martinez. Iris Martinez. Senator Martinez. Out of the record. 4636. Senator Mulroe. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Mulroe, to explain.

Thank you, Mr. President, Members of the Senate. 202  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Currently, if you're charged with a violation of -- of order of protection, it's a Class A misdemeanor if convicted, provided you have no prior convictions for a previous violation of order of protection, domestic battery or enumerated offenses in the Statute. If you are charged with a violation of order of protection currently and you have prior convictions for domestic battery or another violation of order of protection or one of the enumerated offenses, it's a Class 4 felony. What House Bill 4636 does, it amends the Criminal Code to add that a violation of order of protection is a Class 4 felony when the offender has a prior conviction in another jurisdiction for an offense that could have been charged in Illinois as a domestic battery, a violation of an order of protection, or one of the enumerated offenses in the statute. I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Any discussion? Seeing none, the question is, shall House Bill 4636 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 4636, having received the required constitutional majority, is declared passed. House Bill 4666. Senator Cullerton. Out of the record. House Bill 4674. Senator Cullerton. Out of the record. House Bill 4682. Senator Harmon. Senator Harmon. Senator Harmon. Out of the record. House Bill 4692. Senator Brady. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Brady, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4692 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 56 voting Yea, none voting Nay, none voting Present. House Bill 4692, having received the required constitutional majority, is declared passed. House Bill 4707. Senator Muñoz. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Muñoz, to explain. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. The bill extends the repeal date of the Business 204  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Enterprise for Minorities, Females, and Persons with Disabilities Act to June 30th, 2016. It'll currently end June 30th of this year.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4707 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 4707, having received the required constitutional majority, is declared passed. House Bill 4749. Senator Althoff. Madam -- Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4749 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 4749, having received the required constitutional majority, is declared passed. House Bill 4753. Senator Frerichs. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs, to explain.

Thank you very much, Mr. President. This -- this bill is cleaning up a bill that we passed here last year. Amends the Renewable Energy Production District Act to clarify and expand the powers, scope and organization of renewable energy production special districts and their boards of trustees. This was brought to me by a constituent in northern Champaign County and we passed this last year. They are interested in forming renewable energy districts as a way to make revenue to offset property taxes. Would appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4753 pass. All those in favor, vote Aye. 206  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 4753, having received the required constitutional majority, is declared passed. House Bill 4819. Senator Forby. Out of the record. House Bill 4862. Senator LaHood. Out of the record. House Bill 4863. Senator Sullivan. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, to explain.

Thank you, Mr. President, Members of the Senate. House Bill 4863 provides that a vehicle operated by an out-of-state resident may be subject to seize -- seizure and forfeiture if the offender's license was revoked or suspended as a result of a third DUI conviction, leaving the scene of an accident resulting in personal injury or death, or reckless homicide conviction.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4863 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 4863, having received the required constitutional majority, is declared passed. House Bill 4937. 207  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Senator Dillard. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4937 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. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 4937, having received the required constitutional majority, is declared passed. Senator Althoff, on House Bill 4962. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, to explain.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4962 pass. All those in favor, 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. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 4962, having received the required constitutional majority, is declared passed. Senator Righter, on House Bill 4966. Out of the record. Senator Sandoval, on House Bill 4982. Senator Sandoval. Sandoval. Out of the record. Senator Cullerton, 4991. Out of the record. Senator Steans, on House Bill 4996. Out of the record. Senator Jacobs, on House Bill 5006. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs, to explain.

Good afternoon, Mr. President. This is an initiative of the Illinois Secretary of State, which provides employees of the Illinois Secretary of State's Office who are veterans shall be permitted four days per year at a veterans hospital for examination of disability connected with the military service. This will codify the rest of the State, which also -- enjoys the four days for military veterans. I know of no -- no opposition. I ask for your support.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5006 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 5006, having received the required constitutional majority, is declared passed. House Bill 5007. Senator Raoul. Senator Raoul. Out of the record. Senator Jacobs, on Senate -- House Bill 5009. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) 210  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Senator Jacobs, to explain.

…you -- thank you, Mr. President. This is a pretty simple bill. It simply adds the facility telephone number to the identification bracelets of residents at nursing homes. They have everything listed on there except their telephone number, and if someone finds one of these people, we want to make sure they get back to where they belong. I know of no opposition.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5009 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. There are 58 voting Yea, none voting Nay, none voting Present. House Bill 5009, having received the required constitutional majority, is declared passed. Senator Dillard, on House Bill 5016. Out of the record. Senator LaHood, on House Bill 5050. Out of the record. Senator LaHood, on House Bill 5062. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator LaHood, to explain. SENATOR LaHOOD: Thank you, Mr. President, Members of the Senate. House Bill 5062 provides that service of process in an adoption case need not be directed at a minor defendant under fourteen years 211  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 of age where there's a guardian ad litem currently or is in the process of being appointed. I know of no opposition. I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 5062 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. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 5062, having received the required constitutional majority, is declared passed. House Bill 5071. Senator Steans. Senator Steans. Senator Steans. Out of the record. House Bill 5073. Senator Forby. Mr. -- Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Forby, to explain.

Thank you. This is a clean-up bill for the Secretary of State. This was on Agreed Bill List. And what I liked about this bill, if you got like down in my district where we had the hurricane, Secretary of State would come in and waive all fees on driver's license and your -- on your license. And the other thing it does, it gives servicemen, instead of ninety days, they can go to a hundred and twenty days before they redo their driver's license. And CDL plates, if you get a medical problem 212  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 in another state, Illinois have to agree with that state, go along with it. There was a nineteen-dollar penalty on a returned check. They've changed that to twenty-five dollars. And anything over a hundred dollars, you pay a twenty -- after sixty days, you pay a twenty-five percent penalty. I just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any questions? Seeing none, the question is, shall House Bill 5073 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 5073, having received the required constitutional majority, is declared passed. Senator Harmon, on House Bill 5078. Out of the record. Mr. Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR CLAYBORNE) House Bills 1st -- 1st Reading.

PRESIDING OFFICER: (SENATOR CLAYBORNE) Leader Crotty in the Chair.

PRESIDING OFFICER: (SENATOR CROTTY) The Senate will stand at ease for a couple of minutes. (at ease) The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The members of the Committee of {sic} (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.

PRESIDING OFFICER: (SENATOR CROTTY) 215  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR CROTTY) Ladies and Gentlemen, the following committees will be meeting to take up Floor amendments: Agriculture and Conservation will meet in Room 409 at 5 p.m. tomorrow. Judiciary will meet in Room 400 at 9 -- 9 a.m. tomorrow. Higher Education will meet in Room 409 at 9:01 a.m. tomorrow. Transportation will meet at 9:31 a.m. tomorrow. Education will meet in Room 409 at 9:30 a.m. tomorrow. Criminal Law will meet in Room 212 at 10:01 a.m. tomorrow. Local Government will meet in Room 409 at 10 a.m. tomorrow. Pensions and Investments will meet in Room 400 at 10:31 a.m. tomorrow. Executive will meet in Room 212 at 3:01 p.m. tomorrow. Revenue will meet in Room 400 at 3:01 p.m. tomorrow. And Licensed Activities will meet in Room 409 at 3 p.m. tomorrow. State Government and Veterans Affairs will meet in Room 409 at 4:31 p.m. tomorrow. And, lastly, Energy will meet in Room 212 at 5:30 p.m. tomorrow. The Senate will stand in recess to the call of the Chair. The Senate will reconvene to allow the Committee on Assignments to meet and receive committee reports and other matters not requiring Floor action. There will be no Floor action until the Senate reconvenes at the hour of 11 a.m. on the 23rd of May, 216  STATE OF ILLINOIS 97th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/22/2012 2012. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)

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

PRESIDING OFFICER: (SENATOR SCHOENBERG) Ladies and Gentlemen, Chair wishes to announce that the following committees will be meeting to take up committee on -- committee action or Floor amendments. At 9 a.m. tomorrow, the Human Services Committee will meet in Room 212. Human Services, in Room 212 at 9 a.m. There being no further business to come before the Senate, the Senate now stands adjourned until the hour of 11 a.m. on the 23rd day of May, 2012. The Senate stands adjourned. 217