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Illinois Senate Floor Debate — March 5, 2013

98th General Assembly (2013-2014) · Legislative day 18 · Regular Session
Chamber
Senate
General Assembly
98th (2013-2014)
Date
March 5, 2013
Legislative day
18
Session
Regular Session
Speaker turns
39
Original
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Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Regular Session of the 98th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Chance Newingham, Athens Christian Church, Athens, Illinois.

PASTOR CHANCE NEWINGHAM

(Prayer by Pastor Chance Newingham)

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Thank you. Pledge of Allegiance, Senator Jacobs.

Mike Jacobs (D)

(Pledge of Allegiance, led by Senator Jacobs)

Antonio Muñoz (D)

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

Anderson

Senate Journal of Friday, March 1st, 2013.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Hunter.

Mattie Hunter (D)

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

Antonio Muñoz (D)

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

Anderson

Senate Resolution 134, offered by Senator Link and all 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 Members. Senate Resolution 136, offered by Senators Cullerton, Radogno, Harmon and all Members. Senate Resolution 137, offered by Senator McGuire and all Members. Senate Resolution 138, offered by Senator Haine and all Members. They're all death resolutions, Mr. President.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, Consent Calendar.

Anderson

Senate Resolution 135, offered by Senator Radogno. It is substantive.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, Messages from the House.

Anderson

A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 1048. We have received like Messages on House Bills 1191, 1209, 1247, 1311, 1327 and 1353. Passed the House, March 1st, 2013. Timothy D. Mapes, Clerk of the House. Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 concurrence of the Senate, to wit: House Joint Resolution 6. Offered by Senator Bush. And adopted by the House, February 27th, 2013. Timothy D. Mapes, Clerk of the House. It is substantive, Mr. President.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The members of the Committee on Assignments will come to the President's Anteroom immediately. The Senate will stand at ease. (at ease) Senate will come to order. Mr. Secretary, Committee Reports.

Anderson

Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Agriculture and Conservation Committee - Senate Bill 1942, 2189, 2281 and 2347; refer to Appropriations I Committee - Senate Bills 2219, 2315 and 2317; refer to Appropriations II Committee - Senate Bills 1741, 1904, 1905, 1907, 1933 and 2388; refer to Criminal Law Committee - Senate Bills 1914, 1915, 1918, 1940, 2188, 2195, 2196, 2231, 2232, 2267, 2270, 2272 and 2380; refer to Education Committee - Senate Bills 572, 1931, 1932, 2156, 2157, 2198, 2199, 2213, 2259, 2321, 2340 and 2377; refer to Energy Committee - Senate Bills 1952, 2185, 2191, 2253, 2335, 2365; refer to Environment Committee - Senate Bills 1925, 1930, 1961, 2164 and 2183; refer to Executive Committee - Senate Bills 923, 1855, 1859, 1902, 1919, 1920, 1922, 1926, 1937, 1954, 1955, 2153, 2203, 2212, 2234, 2239, 2240, 2244, 2246, 2247, 2252, 2260, 2261, 2262, 2263, 2264, 2265, 2275, 2306, 2352, 2356, 2357, 2363, 2367, 2369, 2370, 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 2371, 2381, 2382, 2387, 2395 and 2402; refer to Executive Appointments Committee - Appointment Messages 55 through 84 and Appointment Messages 88 through 96; refer to Financial Institutions Committee - Senate Bill 2172 and 2383; refer to Higher Education Committee - Senate Bills 1252, 1944, 2163, 2167, 2202, 2229 and 2245; refer to Human Services Committee - Senate Bills 2165, 2217, 2311 and 2319; refer to Insurance Committee - Senate Bills 2178, 2207, 2339, 2344 and 2366; refer to Judiciary Committee - Senate Bills 1901, 1912, 1913, 1923, 1941, 1945, 2141, 2142, 2143, 2159, 2160, 2179, 2186, 2190, 2193, 2222, 2235, 2269, 2277, 2278, 2279, 2280, 2318, 2325, 2342, 2359, 2360, 2364, 2384, 2403; refer to Labor and Commerce Committee - Senate Bills 1302, 2161, 2307, 2330 and 2393; refer to Licensed Activities and Pensions Committee - Senate Bill 1841, 1906, 1916, 1921, 2218, 2236, 2248 and 2400; refer to Local Government Committee - Senate Bills 1908, 1917, 1950, 2155, 2251, 2268, 2304 and 2396; refer to Public Health Committee - Senate Bills 2187, 2249, 2312, 2314, 2353 and 2354; refer to Revenue Committee - Senate Bills 1633, 1924, 1936, 1951, 1953, 2168, 2169, 2182, 2194, 2206, 2209, 2230, 2243, 2256, 2257, 2258, 22 -- 2326, 2337, 2345, 2373 and 2378; refer to State Government and Veterans Affairs Committee - Senate Bills 114, 1909, 1910, 1911, 2162, 2197, 2221, 2226, 2228, 2233 and 2320; refer to Transportation Committee - Senate Bills 922, 1929, 2139, 2140, 2154, 2224, 2332, 2386. Signed, Senator James F. Clayborne, Chairman. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Agriculture and Conservation Committee 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 - Committee Amendment 1 to Senate Bill 1329, Floor Amendment 1 to Senate Bill 1470 and Committee Amendment 1 to Senate Bill 1538; refer to Criminal Law Committee - Committee Amendment 1 to Senate Bill 1275, Committee Amendment 1 to Senate Bill 1587 and Committee Amendment 1 to Senate Bill 1872; refer to Executive Committee - Committee Amendment 1 to Senate Bill 35; refer to Higher Education Committee - Committee Amendment 1 to Senate Bill 1592; refer to Human Services Committee - Committee Amendment 1 to Senate Bill 1567 and Committee Amendment 1 to Senate Bill 1744; refer to Judiciary Committee - Committee Amendment 1 to Senate Bill 1602, Committee Amendment 1 to Senate Bill 1612, Committee Amendment 1 to Senate Bill 1846 and Committee Amendment 1 to Senate Bill 1935; refer to Local Government Committee - Committee Amendment 1 to Senate Bill 492. Signed, Senator James F. Clayborne, Chairman.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Benjamin Yount, Illinois Watchdog, requests permission to film video. Seeing no objection, leave is granted. President Cullerton now in the Chair.

Thomas Cullerton (D)

Ladies and Gentlemen, the following committee will be meeting to take up Floor amendments: Agriculture and Conservation will meet in Room 212 today at 1:30. Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: Thank you, Mr. President. Personal privilege.

Thomas Cullerton (D)

State your point. SENATOR MUÑOZ: 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 Mr. President, Ladies and Gentlemen of the Senate, I have two guests here with me today - on my right, Christine Leal; on my left, Violet Frias. Ladies and Gentlemen of the Senate, they -- we went to grammar school together. There's probably about ten to fifteen of us that still keep together and we try to meet at least once or twice a year. I had the privilege of having Violet's mom, my mom's best friend, here for Inauguration Day and the mom went back and told everyone, so now they're wanting to come by and visit. So if we can give 'em a -- welcome to the Senate, I'd appreciate it.

Thomas Cullerton (D)

Thank you, Senator Muñoz. Those ladies look a lot younger than you, Senator. Can I ask the Senate, please, to take your seats? I have a introduction and I'd like to ask the Senators to please take their seats. Thank you. Ladies and Gentlemen, today I'm pleased to introduce the reigning Miss Heart of Illinois 2013. This is Marisa Buchheit. This June, Marisa will advance to the Miss Illinois stage in hopes of competing to become Miss America. She's a native Chicagoan and a recent graduate of the Cleveland Institute of Music, where she majored in vocal performance and minored in German. She's made countless appearances at venues ranging from Chicago's Civic Opera House to North Avenue Beach, where she sang the National Anthem to -- to kick off the 2012 Chicago Air and Water Show. It's also come to my attention - and I understand that there's other Senators that are in this category - we have a shared interest that Marisa runs marathons. I understand there's some other fellow marathon runners here. I'm sure that it's competitive spirit and discipline that has made her so 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 successful across the pageant circuit. She has the distinction of being known throughout Chicago as Miss Chicago 2012 and we're pleased that she could join us today. So, Ladies and Gentlemen of the Senate, the reigning Miss Heart of Illinois 2013, Miss Chicago of 2012, Miss Marisa Buchheit. MISS HEART OF ILLINOIS 2013 MARISA BUCHHEIT: (Remarks by Miss Heart of Illinois 2013 Marisa Buchheit)

Thomas Cullerton (D)

Senator Mulroe hopes that she doesn’t want to run for the Illinois State Senate. Ladies and Gentlemen, we're prepared to do some 2nd Readings before we go to our committees. Senator Muñoz in the Chair.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Senate Bill 1204. Senator Harmon. Out of the record. Senate Bill 1290. Senator Manar. Out of the record. Senate Bill 1341. Senator Lightford. Out of the record. Senate Bill 1399. Senator Silverstein. Indicates he wishes to proceed. Mr. Secretary… Correction, that Senate Bill 1399 is Senator Link's bill. Senator Link, 1399. Out of the record. Senate Bill 1404. Senator Haine. Senator Haine. Out of the record. Senate Bill 1415. Senator Dillard. Out of the record. Senate Bill 1456. Senator Haine. Out of the record. Senate Bill 1470. Senator Sullivan. Out of the record. Senator Althoff, for what purpose do you seek recognition?

Pamela J. Althoff (R)

Purpose of two announcements, and I'll try and keep them brief.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Please announce your announcements. 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013

Pamela J. Althoff (R)

Thank you. Ladies and Gentlemen of the Senate, I'd like to remind you that this evening is the 2013 kickoff reception for the Historic Preservation Caucus. And although I'm sure it will be nice and cold and snowy outside, we will give you an extraordinarily warm welcome as you visit the Old State Capitol. The partners involved in this endeavor include the Illinois Historic Preservation Agency, Landmarks Illinois, Illinois Office of Tourism, Main Street, Looking for Lincoln Heritage. And it's an opportunity not only to meet with your colleagues, but learn about all of the wonderful historic sites that are extraordinarily important to the State of Illinois. And, Ladies, I'd like to remind you of the reception tomorrow evening, where we have the Women In Government, and they will be at the Pasfield House from 5 o'clock until 8 o'clock tomorrow evening. Thank you very much, Mr. President.

Antonio Muñoz (D)

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

John M. Sullivan (D)

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

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) State your privilege.

John M. Sullivan (D)

Thank you. Ladies and Gentlemen of the Senate, just another reminder of the 11th Annual Sullivan Caucus St. Patrick's Day Celebration. Will be held a week from today, on March the 12th, at The Pub, which is just south of the Capitol, just a block south of the Capitol in the Vinegar Hill Mall. Tradition started eleven years ago with former Senator Dave 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 Sullivan, of course with Representative Ed Sullivan and myself. It's always a fun event. Just want to remind everybody to come to it and it'll be a good time. Thank you very much.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Page 5 of the Calendar, Secretary's Desk, Resolution {sic} (Resolutions). Senate Resolution 75. Senator Manar. Out of the record. Senate Joint Resolution 3. Senator Sullivan. Indicates he wishes to proceed. Mr. Secretary, read the resolution.

Anderson

Senate Joint Resolution 3, offered by Senator Sullivan.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sullivan.

John M. Sullivan (D)

Thank you, Mr. President, Members of the -- of the Senate. The -- the resolution -- Senate Resolution 3 urges the 98th General Assembly to adopt March 30th of this year and March 30th of next year as "Welcome Home Vietnam Veterans Day". The Vietnam War was fought from 1961 to 1975. 2.7 million U.S. veterans served in uniform in Vietnam. Over fifty-eight thousand were killed, soldiers were killed. And this simply marks the anniversary - March 30th was the anniversary - of the day that U.S. combat units withdrew completely from South Vietnam. Thank you.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Joint Resolution 3 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Mr. Secretary, Appointment Messages. 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013

Anderson

Appointment Message 97 To the Honorable Members of the Senate, Ninety-Eighth General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Member of the Illinois Commerce Commission: Sherina Maye Appointment Message 98 To the Honorable Members of the Senate, Ninety-Eighth General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Member of the Joliet Regional Port District Board: Joseph Strong Appointment Message 99 To the Honorable Members of the Senate, Ninety-Eighth General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and the consent of this Honorable Body is respectfully requested. To be a Member of the State Mining Board: Jerry R. Cross Appointment Message 100 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 To the Honorable Members of the Senate, Ninety-Eighth General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Member of the State Mining Board: Timothy I. Kirkpatrick Appointment Message 101 To the Honorable Members of the Senate, Ninety-Eighth General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Member of the State Mining Board: Donald E. Stewart Appointment Message 102 To the Honorable Members of the Senate, Ninety-Eighth General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Member of the State Mining Board: George Teegarden Appointment Message 103 To the Honorable Members of the Senate, Ninety-Eighth General Assembly: 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Member of the State Mining Board: David L. Webb Appointment Message 104 To the Honorable Members of the Senate, Ninety-Eighth General Assembly: I, Pat Quinn, Governor, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be a Member of the State Mining Board: Frederick D. Frederking

Antonio Muñoz (D)

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

Anderson

House Bill 984, offered by Senator Martinez. (Secretary reads title of bill) House Bill 986, offered by Senator Althoff. (Secretary reads title of bill) House Bill 991, offered by Senator Haine. (Secretary reads title of bill) House Bill 1009, offered by Senator Sandoval. (Secretary reads title of bill) House Bill 1010, offered by Senator Hastings. (Secretary reads title of bill) House Bill 1013, offered by Senator Harmon. 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 (Secretary reads title of bill) House Bill 1020, offered by Senator Link. (Secretary reads title of bill) House Bill 1045, offered by Senator Holmes. (Secretary reads title of bill) House Bill 1048, offered by Senator Cunningham. (Secretary reads title of bill) House Bill 1209, offered by Senator Frerichs. (Secretary reads title of bill) House Bill 1247, offered by Senator Mulroe. (Secretary reads title of bill) House Bill 1353, offered by Senator Holmes. (Secretary reads title of bill) 1st Reading of these House bills.

Antonio Muñoz (D)

PRESIDING OFFICER: (SENATOR MUÑOZ) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m. on the 6th day of March, 2013. The Senate stands adjourned.

Anderson

Pursuant to the directive of the Senate President, the regular Session of the Senate is now in perfunctory Session. Communications from the President. Dear Mr. Secretary - Pursuant to Rule 2-10, I am scheduling a perfunctory Session to convene on Tuesday, March 5th, 2013. Dated March 5th, 2013. Sincerely, John J. Cullerton, Senate President. Resolutions. Senate Resolution 139, offered by Senator McGuire and all Members. 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 Senate Resolution 140, offered by Senator Mulroe and all Members. Senate Resolution 141, offered by Senator Mulroe and all Members. And Senate Resolution 142, offered by Senator John Cullerton and all Members. They're all death resolutions and will be referred to the Consent Calendar. Senate Resolution 143, offered by Senator Muñoz. It is substantive. Committee Reports. Senator Mulroe, Chairperson of the Committee on Public Health, reports Senate Bill 1191 Do Pass. Senator Frerichs, Chairperson of the Committee on Higher Education, reports Senate Bill 1688 and Senate Bill 1763 Do Pass. Senator Koehler, Chairperson of the Committee on Agriculture and Conservation, reports Senate Bill 1589, Senate Bill 1620, Senate Bill 1715 Do Pass; Senate Bills 1329 and 1538 Do Pass, as Amended; Senate Amendment 1 to Senate Bill 1470 Recommended Do Adopt; and Senate Resolution 83 Be Adopted. Senator Delgado, Chairperson of the Committee on Education, reports Senate Bill 1703, Senate Bill 1845 and Senate Bill 1880 Do Pass. Senator Hunter, Chairperson of the Committee on Human Services, reports Senate Bill 1567, Senate Bill 1599 and Senate Bill 1600 Do Pass. Senator Raoul, Chairperson of the Committee on Judiciary, reports Senate Bill 1846 Do Pass, as Amended. 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/5/2013 Senator Sandoval, Chairperson of the Committee on Transportation, reports Senate Bills {sic} 1383, Senate Bill 1439, Senate Bill 1757 and Senate Bill 1784 Do Pass. Message from the House -- Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 17. Offered by President Cullerton. And adopted by the House, March 5th, 2013. Timothy D. Mapes, Clerk of the House. It is substantive. House Bills 1st Reading. House Bill 1002, offered by Senator Delgado. (Secretary reads title of bill) House Bill 1191, offered by Senator Delgado. (Secretary reads title of bill) And House Bill 1327, offered by Senator Delgado. (Secretary reads title of bill) 1st Reading of these House bills. There being no further business to come before this perfunctory Session, pursuant to the directive of the Senate President, the Senate stands adjourned until Wednesday, March 6, 2013, at the hour of 10 a.m., or until the call of the President. Senate stands adjourned. 15