Illinois Senate Floor Debate — March 13, 2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The regular Session of the 98th General Assembly will come to order. Will the Members please be at their desk? Will the guests in the gallery please rise? The invocation will be given by Pastor Johnnie Standard, Springfield Bible Church, Springfield, Illinois. Pastor.

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

(Pledge of Allegiance, led by Senator Jacobs)

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Mr. Secretary, Reading and Approval of the Journals.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hunter.

Mr. President, I move -- 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 SILVERSTEIN) Senator Hunter moves to postpone the reading and the approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Turning to the Calendar, page 2. Page 2, 2nd Readings. On the Order of 2nd Reading, Senate Bill 112. Senator Cullerton. On the -- on {sic} the record. Senator -- Senate Bill -- 113. Senator Cullerton. On the record. Senate Bill 202. Senator Haine. Senator Haine. Senator Haine wishes to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Have there been any Floor amendments for approval for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 203. Senator Cullerton. On the record. Senate Bill 332. Senator Cullerton. On the record. Senator -- Senate Bill 572. Senator Kotowski. Senator Kotowski. On the record. Senate Bill 624. Senator Cullerton. On the record. Senate Bill 712. Senator Cullerton. On the record. Senate Bill 738. Senator Cullerton. On the record. Senate Bill 1204. Senator Harmon. On the record. Senate Bill 1221. Senator Martinez. On the record. I'm sorry, Senate Bill 1207. Senator Haine. Senator Haine wishes to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 1221. Senator Martinez. On the record. Senate Bill 1226. Senator Kotowski. On the record. Senate Bill 1245. Senator Radogno. On the record. Let's go -– for -- leave of the Body, we'll go back to Senate Bill 1245. Senate -- Leader Radogno. Okay. On the record. Moving a little faster. Senate Bill 1920. Senator Manar -- Manar. 1290, I'm sorry. Senator Manar. On the record. Senate Bill 1292. Senator Manar. On the record. Senate Bill 1310. Senator Bush. Senate Bill 1310. Mr. Secretary, please… Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senator Collins, what purpose do you -- rise?

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

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Please -- please state your point.

I have the honor today, Ladies and Gentlemen of the Senate, to recognize the eighth and seventh graders from St. Sabina, a Catholic school in my district. And these are eager and enthusiastic students that have been joined by their teachers - eighth-grade teacher, Deborah Hodo, and -- and seventh-grade teacher, Sylvester Johnson. So I'd like for this Body to give them a warm welcome with a round of applause.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Let's all rise and give everyone a round of applause to the school. Welcome to Springfield. Senate Bill 1323. Senator Hunter. Out on the record. Senate Bill 1329. Senator Kotowski. Out on the record. Senate Bill 1341. Senator 4  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Lightford. Out on the record. Senator Radogno seeks recognition. Senator Radogno.

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

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Welcome to the Senate. Welcome. Continue with school. Continuing on page 3, Senate Bill 1342. Senator Harmon. Out on the record. Senate Bill -- Senate Bill 1353. Senator Sandoval. Out on the record. Senate Bill 1399. Senator Link. Mr. President -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 1415. Senator Dillard. Senator -- Senate Bill 1439. Senator Dillard. Senate Bill 1523. 5  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Senator Sandoval. Senate Bill -- on the -- out of the record. Senate Bill 1528. Senator Rose. Out on the record. Senate Bill 1539. Senator Rose. Mr. President -- Mr. Secretary, please read the bill. 1534, I'm sorry. Please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 1538. Senator Rose. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. On the Order of Rose, Senate Bill 1541. Mr. -- Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senator Rose, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) It's still on 2nd, Senator.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) You have any other bills?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Okay. One -- Senator Rose, one parliamentary request a day. So you're done for the day and for the rest of everyone. Continuing on Senate Bill 1545. Senator Noland. Out on the record. Senate Bill 1550. Senator Radogno. Senator -- Leader Radogno. 1550. Mr. President -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Continuing on Senate Bill 1567. Senator Delgado. Out on the record. Senate Bill 1587. Senator Biss. Out on the record. Senator -- Senate Bill 1589. Senator 7  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Frerichs. Out on the record. Senate Bill 1603. Senator Hastings. Out on the record. Turning to the top of page 4. Senate Bill 1608. Senator Sullivan. Excuse me. Excuse me, Senator. What do you want? Your –- oh, you want the bill to be read. Oh. Thank you. Mr. -- Mr. Secretary.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senator -- Senate Bill 1620. Senator Koehler. Out on the record -- out on the record. Senator -- Senate Bill 1622. Senator Noland. Mr. Secretary -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 1623. Senator Manar. Out on the record. Senator -- Senate Bill 1653. Senator Hastings. Out on the record. Senator -- Senate Bill 1657. Senator Holmes. Senator Holmes. Out on the record. Senator -- Senate Bill 1664. Senator Harmon. Out on the record. Senate Bill 1697. Senator Sandoval. Out on the record. Senate Bill 1757. Senator McGuire. Out on the record. Senator -- Senator Murphy, what purpose do you rise? 8  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

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

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Welcome to the Senate and good luck in school. Continuing on, on Senate Bill 1768. Senator Raoul. Out on the record. Senate Bill 1772. Senator Sandoval. Out on the record. Senate Bill 1778. Senator Frerichs. 1778. Out on the record. Senate Bill 1779. Senator Trotter. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senator Hutchinson, what purpose do you rise?

9  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Please state your point. And welcome back.

Thank you. I am -- I would like to introduce a group that was actually visiting for Senator Kimberly Lightford. This is a group from the Proviso West High School. The students are here with their teacher, Mrs. Karen Sassetti. These students were participating in the Econ Illinois 2012 Capitol Challenge competition. And that's why they're here visiting us today. They're in the President's Gallery. If you would like to rise, so that we can give you a nice warm Senate welcome. Welcome to Springfield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Welcome to the Senate. Thank you very much for coming. Senator Harmon, what purpose do you rise?

A point of personal privilege, Mr. President.

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

Thank you, Mr. President. I'm pleased to be joined on the Floor today by my Page for the Day, Owen -- Owen Gomez, a freshman at Oak Park-River Forest High School. He's joined with -- by his mom, Jennifer Bell, and his grandma, Lynne Bell. And I'm pleased to have them with me today and I'd ask you all to join me in a warm Senate welcome.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Welcome to the Illinois Senate. Welcome. Please rise. 10  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Thank you. Senator Manar, what purpose do you rise?

For a point of personal privilege, Mr. President.

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

Today, in the -- the President's Gallery, with us is the Springer family from Hillsboro in Montgomery County, my district. And many of you on the Democratic side of the aisle might recognize Gabe, who was on the Senate staff for -- for many years. Did a great job. But -- but, this morning, I specifically want to recognize Madeline Springer. And, Madeline, if you would -- if you would rise. Madeline is celebrating her ninety-sixth birthday with us. And even though she knows I'm a loyal Cardinals fan, she is a incredibly loyal Cubs fan. And one thing that -- that she and I talked about a long time ago was when…

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar. Can we have –- can we have some quiet for a second, please? I'm sorry. Continue.

Thank you, Mr. President. When -- when Madeline was born, the 19th Amendment to the Constitution had not yet been ratified. She was actually three years old when it was. And since she turned eighteen in 1935, she has not missed a single election as a voter, which goes a long way to talk about her character and the type of person she is. So I simply just rise, Mr. President, to recognize Madeline Springer on her ninety- sixth birthday this morning. Thank you. 11  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Ms. Springer, please rise. We should all have your voting record. Senator Frerichs, what purpose do you rise?

For a point of personal privilege, Mr. President.

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

I also have a couple of guests today. Joined with me, Carol Hatfield and Cheryle Turner. You might think that they're college students here visiting today as part of Private University Day, but they're a couple of my constituents. And would like to ask everyone to join me in welcoming them to the Senate and giving them a warm welcome to Springfield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Welcome to the Senate. Thank you for coming. Continuing on page 4, Senator -- Senate Bill 1784. Senator Muñoz. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 1801. Senator Clayborne. Out on the record. Senate Bill 1812. Senator Link. Mr. -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 1825. Senator Sullivan. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Any Floor amendments -- any Floor amendments approval {sic} for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill -- on top of page 5, Senate Bill 1830. Senator Jones. Mr. President -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 1882. Senator Manar. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any Floor amendments consideration {sic}?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senator Sullivan, what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR SILVERSTEIN) What is your important point?

Actually, Mr. President, I have two announcements I'd like to -- to make. The first one's actually an introduction. Ladies and Gentlemen, we have with us today a legend race car driver, NASCAR driver. Kenny Wallace is up in the gallery above me here.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Let's give him a nice Springfield welcome.

Kenny -- just a little bit about his background. He has -- has a number of accomplishments, including nine wins, excuse me, ten poles, ten seasons in the top ten drivers {sic}, the most starts in NASCAR Nationwide Series history, three hundred and forty starts in NASCAR Sprint Cup Series. He's probably best known or remembered for when -- when he pushed the late great 14  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Dale Earnhardt to his final Cup victory in Talladega in 2000 in a thrilling last -- last lap shootout. He's also the -- the co- host of several television series. He lives in North Carolina with his wife, Kim. They have three grown adult children. He's here at the Capitol today and tomorrow and going to be talking - - he's a big proponent of ethanol and he burns E15 in -- in his vehicles. And just like everybody, again, to welcome Kenny Wallace here to the Illinois Senate. Great to have you here today, Kenny.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Welcome to Springfield.

Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sullivan, you have a second announcement?

My second announcement -- indeed. Ladies and Gentlemen, next week is the twentieth annual Illinois Legislative Sportsmen's Caucus. This is a bipartisan caucus of men and women from the General Assembly that work for sportsmen's initiatives. It is the 20th, next Wednesday, the 20th of March. It's over at The State House Inn. Reception starts at 6. The auction -- we have an auction, a live and a silent auction, that we do every year. Representative Sacia and I work on this together. But we'd like to invite everybody to come to the twentieth annual Legislative Sportsmen's Caucus. Many of you in the past have donated items for the auction and the silent auction. Obviously, let me know if you have some items that you'd like to introduce. And I don't know if Dave Luechtefeld 15  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 is here - Senator Luechtefeld - but he is a co-host. A bipartisan caucus, Senator Luechtefeld is my co-host here in the Senate. So, like to invite everybody to that.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank –- thank you for that important announcement. Any more announcements, Mr. -- Senator Sullivan? Senator LaHood, what purpose do you rise? SENATOR LaHOOD: Thank you, Mr. President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Please state your point. SENATOR LaHOOD: Mr. President, I'm joined here today by my Page for the Day, who is Justin Rumley. Justin is a junior in high school. He's from the Quad City area. He's here with his dad, Mark, who's up in the gallery here today. And Justin is a -- as I said, a junior. He's interested in politics and sports. He's a tennis player and he plans to attend college and pursue a law degree or a pastoral degree. And I would just ask everyone to give him a warm Springfield welcome. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Welcome to Springfield. Good luck in school. Senator Frerichs, what purpose do you rise?

For a point of personal privilege.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) State your point.

Senator Sullivan reminded me of another announcement, 16  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 another good event going on tonight that I would encourage people to attend. Tonight at the Hilton is a reception for the Illinois Pork Producers Association and the Illinois Beef Association. It's a good time. There's good food. And I know the Chairman of the Agriculture Committee will be there for all -- all of those. So, encourage you to come out tonight, at the Hilton tonight. I think it starts at 5:30, runs to 7:30. They'll feed you well.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. For any more announcements? Okay. Thank you. Okay. Continuing on page 5. Senate Bill 1923. Senator Raoul. Out on the record. Senator -- Senate Bill 1931. Senator Bivins. Out on the record. Senate Bill 1932. Senator Bivins. Out on the record. Senate Bill 2186. Senator Harmon. Mr. President -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 2187. Senator Harmon. Out of the record. Senate Bill 2199. Senator Frerichs. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 2217. Senator Morrison. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 2224. Senator Sandoval. Out on the record. Senate Bill 2319. Senator Hunter. Out on the record. Senate Bill 2332. Senator Hutchinson. Out on the record. Senator Bill -- Senate Bill 2347. Senator Stadelman. Senator Stadelman, on Senate Bill 2347. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 2359. Senator Steans. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 18  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 3rd Readings. Okay. We're going to move to Senate Bills 3rd Reading, bottom of page 5. Senator Cullerton, on Senate Bill 9. Out on the record. Senate Bill 32. Senator Kotowski. Mr. -- Senator Kotowski wishes to -- Mr. Secretary, Mr. -- Senator Kotowski wishes to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski, to the bill.

Thank you very much, Mr. President. It's a pleasure to see you in the Chair today. This legislation, Senate Bill 32, amends the Mental Health and Developmental Disabilities Administrative Act. Deletes provision that the Department of Human Services shall form a medical advisory panel, appointed by the Secretary, comprised of five physicians licensed to practice medicine in all its branches. The fact is, they don't need this right now. It just eliminates something that is not necessary.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussion? Seeing none, Senator Kotowski, to close? On that question, shall Senate -- Senate –- on that question, shall Senate Bill 32 pass, all those in favor will say -- will vote Aye. Opposed, Nay. The voting is open. All who's voting that wish? All -- have all who voted to wish? Have all voted to wish? Take the record. There -- there are 53 Ayes, no -- no -- the -- voting Nay, one voting Present, and 5 not voting. And the bill, receiving the constitutional majority, is 19  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 declared passed. Senate Bill 33. Senator Althoff. Out on the record. With leave, we'll go back to Senate Bill 39. Senate Bill 47. Senator Frerichs. Out of the record. Senate Bill 59. Senator Collins, do you wish to proceed? …Bill 56, I'm sorry. Senator Collins, do you wish to proceed? Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Collins.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 56 just extends the sunset date of a statute that provides protections to homeowners facing foreclosure until 2016. I know of no opposition. I would like your affirmative vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any questions? Seeing none, the question is, shall Senate Bill 56 pass. All those in favor will vote Aye. All those opposed, Nay. The voting is open. Have all who voted to wish? Have all voted to wish? Have all voted to wish? Take the record. On that, there are -- 55 Ayes, no voting No, no voting Present, 4 not voting. And the bill, receiving the -- Senate Bill 56, receiving the constitutional requirement, is declared passed. Senator -- Senate Bill 66. Senator Clayborne. On the record. Senate Bill 93. Senator Sullivan. Out on the record. Senate Bill 1191. Senator Delgado. Out on the record. Senate 20  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Bill 1197. Senator Sullivan. Out on the record. Senate Bill 1224. Senator Murphy. Out on the record. Senate Bill 1225. Senator Kotowski. Senator Kotowski wishes to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski.

Thank you very much, Mr. President. Senate Bill 1225 repeals the Senior Citizens Child Care Support Act. This Act became law in 1991 and, according to DCFS, has never been implemented, leading to -- numerous audit findings for the Department.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Any discussions? Question is, shall Senate Bill 1225 pass. All those voting -- voting shall say Aye. Opposed, Nay. The voting is now open. All those voting to wish? All -- have all voted to wish? Have all voted to wish? Take the record. On that question, there are 51 Ayes, no voting No, and no voting Present. Senate Bill 1225, after receiving the required constitutional majority, is hereby passed. Senate Bill 1251. Senator Manar. Out on the record. Leave of the Body, we'll come back to -- 1287. Senator -- Senate Bill 1293. Senator Manar. Mr. Secretary, Mr. -- Senator Manar is ready to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill simply changes the refrigerated warehouse licensing cycle, administered by the Department of Agriculture, to coincide with the State's fiscal year. It's the Department's desire to create a more efficient administrative process by streamlining the license renewal process. I know of no opposition to the bill, and I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar, you've worked here before. This is your first bill. Is that correct?

Correct, Mr. President.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland, what purpose do you rise?

That was my question. Is this his first bill?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) This is Senator Manar's first bill. Maybe he's… Yes.

Senator Manar's very first bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) What purpose do you rise, other than to tell us that it's his first bill? 22  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

Question of the sponsor, if I may.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The sponsor's willing to yield.

Senator, could you explain exactly what kind of refrigeration we're talking about here?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

Thank you. Thank you, Senator Noland. This would be refrigeration that is below forty-five degrees Fahrenheit.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

Would that possibly be the type of refrigeration that would preserve the products that are manufactured by our colleague Senator Oberweis, who has a milk factory?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

It could. I'm not specifically aware if Senator Oberweis keeps products for more than thirty days in a warehouse, but -- but if he does, it -- it would affect the licensing cycle for his refrigerated warehouses.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

Thank you. Thank you very much, Mr. Chairman {sic}. Given 23  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 the fact that I have mentioned Senator Oberweis' name in debate, he certainly is welcome to join in the discussion and perhaps also answer, but I know you can answer, whether or not he plans on being a co-sponsor here, 'cause I want to make sure that there's no apparent conflict of interest regarding the -- refrigeration of these types of products here in the State of Illinois.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Oberweis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland, any questions?

No. I'm sure that there will be others here that will also want to ask questions that will better pass the Jimmy DeLeo rule that they really must be funny. But I want to provide a very warm welcome to our -- our newest colleague on his refrigeration bill and wish him all the best of luck. Thank you, Senator.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Haine, what purpose do you rise?

Just a few questions of the sponsor, Mr. President.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The sponsor will -- wishes to yield to his cold bill. Senator Haine.

Mr. President, have you been watching old Henny Youngman 24  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 clips? Is that why you introduced that remark there?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) I think you've watched more than I have.

Senator Manar, so this -- this bill, according to the -- the analysis, amends the Illinois Refrigerated Warehouses Act. Right? And…(microphone cutoff)…when was that Act first passed in Illinois?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar, if you know the answer.

I -- I do not know, Senator Haine.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine, for a second question.

So, you're asking us to amend the Act and you have no idea of the genesis of the Act, when it took effect, and the full ramifications of this?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

I'm asking my colleagues for approval of the bill. The ramifications are relatively simple.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

Senator -- Senator Manar, so what happens to the non- refrigerated warehouses? Are they left out in the cold?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 25  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Senator Manar.

I –- I believe they would be in my bill. Yes.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

Now, the -- the analysis says that this bill, and I quote, "homogenizes the cycle for all licensees in order to streamline the licensure process during the year". Can you tell me, Senator Manar, what in the Sam Hill does that mean?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

It -- it means that the Department would -- would seek to make sure that the licensing cycle and the fiscal year coincide with each other so as to not adversely affect their budget in a dramatic way.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

I don't think that adequately answers the question, myself. Now, the second part of the analysis says that the current renewal cycle is January 3rd, February 5th, March 5th, April 7th, May 3rd, June 2nd, July 7th, August 5th, September 15th, October 6th, November the 4th, and December. December what?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

It's my understanding, Senator Haine, that this -- this 26  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 month would not be a month where renewals are done on a particular day, but are done during the course of the month. And, again, the bill simply says that the licensing, if it were to become law, would be done on a fiscal year basis, rather than intermittently throughout the year, as you -- as you described.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

Senator Manar, I don't believe your answer homogenizes the cycle, but I'm going to let that go. And I -- I would urge the -- the Chamber to reject this bill. This is a direct -- this sunset keeps alive a woefully complex regulation of refrigerated warehouses and it discriminates against all non-refrigerated warehouses, and it impacts sixty-three individuals. It may raise a conflict with Senator Oberweis because of the homogenization going on. So, I -- I would -- I would strongly urge a No vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine, I agree with you. As the discussion's going on, I think this bill is getting very sour. Senator Righter, can you top that?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) You would do this for the first time. I -- I know you'd do this. I was waiting for this. Yes, Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) We'll -– we'll take that under advisement. Do you have any questions for the sponsor?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

There are -- currently, sixty-three that are licensed.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

Thank you. Sixty-three that are currently licensed.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator -- Manar.

28  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 I believe there are two.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine. Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

I believe there's one -- there's one here in Springfield and there's one in Decatur.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any other questions, Senator Righter?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

The Department -- moving forward, if the bill were to become law, the Department would have one date in which the licenses would be issued rather than -- than a handful. And the way that the Department has described the bill to me is that this would make their effort to make the licensing for these warehouses more streamlined and less cumbersome on -- on the agency.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter. 29  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

I do not know the cycle that the two in my district - those specific warehouses - I do not know which renewal date they are currently under.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter, anything else?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

Yes, because, the -- the current licensing cycles, not one 30  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 of those dates fall on July 1st.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter. Are we -- are we -- are we looking at an expiration date?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Not necessarily.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

I don't know about factories. I know of facilities that -- that produce milk for consumption. But I'm not sure a factory would be the word that -- that I would use.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Forby, you have any questions to the sponsor?

Question to the sponsor.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor -- sponsor says he'll yield.

I think the people of my district is worried about this bill pretty good. This is a electric bill. Does these iceboxes, do they run on 110/220 or a three phase, or whatever? So, these iceboxes that go to the people of my district -- are they going to have to rewire their house?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

No. The -- these would be -- if they live in a -- a large warehouse, they would have to, perhaps. But -- but that would 32  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 not be affected by the bill. The bill would simply be a licensing requirement. It's -- It's a paper transaction. Should have no effect on electricity coming into a building.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Forby.

So I have people in my district that -- some of 'em, they live in a barn. So them people that lives in a barn, they're not affected either? So, are they -- even that, do they do a 110, or 220, or is it going to be a three phase? What kind of iceboxes are these? Are they big ones, are they little ones, or what size are they?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

If -- if they live in a barn, it would probably be a 110 or less. I believe your second question, Senator Forby, was would it affect them. The bill would affect them if they store food in their barn for more than thirty days, but the effect would be minimal, meaning that the licensing that they would have to go through with the Department of Agriculture would happen on July 1st, as opposed to a date in which they renewed their license prior to the effective date of the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Forby, any other barn questions?

One more. So the rates on these people in my district, their light bills, will not go any higher or anything 'cause of this bill? 33  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

Increased rates on electricity will not be a result of -- of this bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any other questions, Senator Forby? Senator Sullivan, what purpose do you rise?

Thank you, Mr. President. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sure, why not? He's having a good time.

Senator Manar, what is the -- what is the required minimum/maximum temperatures for a refrigerated warehouse?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

The Act -- the Act itself says that if the -- if the temperature's at forty-five degrees or less, then the Act is applied for licensing. The requirement -- I do not know the requirement for degrees in Fahrenheit of -- of a warehouse. But -- but the licensure kicks in when a warehouse is forty-five degrees or -- or below.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sullivan. I think it has to be cold.

Senator Manar, what if a unit were to be manufactured in 34  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Europe and those degrees are in Celsius? Then what would happen with your legislation?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

It -- it would -- it would be the corresponding Celsius degrees for forty-five degrees Fahrenheit.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Meteorologist Sullivan.

So, in other words, you're saying that your legislation does not specifically reference Celsius? Is this what you're saying? You're saying it only talks about Fahrenheit. Is that correct?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

Correct. The -- the Act itself, which this bill does not change, references Fahrenheit. Correct.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sullivan.

Thank you. To the bill: It's obvious that Senator Manar has -- has left and created a wide gap in the legislation, a glaring deficit, if you will, with regard to not taking into consideration Celsius, which a great deal of the world operates under. So I would ask all Members of this General Assembly in the Senate here to vote No on this legislation. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 35  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Thank you, Senator Sullivan. Senator Kotowski, what purpose do you rise?

Sponsor yield for a question?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said he'll yield.

Thank you. I -- just a couple of questions, Senator Manar. Thank you for introducing this bill. It's obviously a big -- a very serious issue that you're seeking to address. With all the problems we're facing in Illinois, this refrigerator issue is something that comes up a lot in my district. So, I commend you on your efforts. The forty-five degrees, though, it seems like a pretty random number that you've selected for your bill. How do these people know that it's forty-five degrees in there, from Agriculture?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

Point of clarification. I didn't select the forty-five degrees. That's existing in statute today. But they would use a -- a thermostat to measure the temperature in the warehouse.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski.

It's my understanding that you're the author of this and that you're the one -- the architect of this -- this temperature movement we have going on in this State with refrigeration. And so, just a couple other -- are -- are these refrigerators 36  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 running right now?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

Yes, they are. Yeah.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski.

They -- they're currently running? Okay. There's -- well, you better get out of here and catch up with 'em before they get away. So, just another -- do -- does this bill preempt home rule?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

No. The bill does not preempt home rule.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski.

I know it's a big issue. You were -- is there a fiscal note on this bill?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) There's a -- I think there's a two percent fiscal note on this bill.

Right now, there is no fiscal note on the bill, Senator.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar. Or, Senator Kotowski.

37  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 I'm sorry. I -- the -- the President is throwing me off here a little bit. There may be -- the previous Senator spoke about something. What happens, though -- you talk about this is during a -- when your -- this bill - right? - now moves to a fiscal year. What happens during a leap year? Does that impact this at all?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

No, it would not. It would still be July 1st.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski.

I know I -- I do some of the budget. The numbers are just kind of throwing me off - the twenty-eight days in February. I didn't know if that moves into the next year at all, if it alters the -- well, the evaluation of the licensing at all. Leap year doesn't do that. So -- so, the other question is, are there people living in these refrigerators?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

No.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski.

'Cause I was confused by what somebody else said about barns, refrigerators in barns. But there's no people living in these? So -- okay, there's no people, just food and -- and 38  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 stuff like that. Thank you. I -- you know what? I got to tell you something. I -- I think -- one other -- are there ball bearings involved in this bill, any ball bearings? I heard 220, 221. There's no ball bearings in it?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

No.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski.

You know, while this -- I think this is going to solve a problem in -- in my district, there's a lot of people who are worried about it. I think this is a terrible bill. But I'm going to vote for it, because I -- I kind of have a record of voting for bad bills here and I'm going to keep that record solid. So, I applaud you on your efforts.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Murphy, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said he will yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar. 39  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

I don't -- I didn't hear that, Senator Murphy, but…

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Murphy.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

You know, part of the effort - I mentioned this before - of the bill is to streamline the process at the Department of Agriculture, to produce a better outcome for what the agency is intending when it comes to licensing refrigerated warehouses. So, that's the -- that's the basics of the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Murphy.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Manar.

I am not aware of anyone in my district that lives in a barn.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 40  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Senator Murphy, any other farm questions?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski, did you want -- okay. Any others? Going once, twice. Senator Manar, to close?

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate Bill 1293 -- all those in favor will vote Yea. All those No -- Nay. The voting is open. All -- have all voted to wish? All -- have all voted who wish? Have all who voted to wish? Hey, wait a minute. Take the record. On that, there are 56 voting Yea, no voting No. …(inaudible)…the bill is Present {sic}. Congratulations, Senator Manar. Continuing on. Senator Kotowski, on Senate Bill 1303. Do you wish to have the bill read? Mr. -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski.

Thank you very much. Senate Bill 1303 amends the Nursing Home -- Care Act. Changes the definition of "student intern" to include a person whose term of employment, in addition to other requirements, is an academic credit requirement in a graduate institution and {sic} immediately succeeds a full quarter. This is an initiative -- just allows graduate-level internships to occur in nursing homes.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland, what purpose do you rise?

Is this Senator Kotowski's first bill?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) No. Senator Kotowski, to close.

I must be having a rough day if I'm getting jacked from Noland. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate Bill 1303 pass. All those in favor voting Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted a wish? Have all who voted to wish? On -- take the record. On that question, there are 56 voting Aye, no voting No, and no voting Present, and 3 not voting. The -- Senate Bill 1303, having received the constitutional majority, is hereby passed. Senator Haine, you 42  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 seeking recognition?

I have a point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) …your point. Please state your point.

I -- I want to just inform the Body. Many of you have already received it on your Twitters, but there's white smoke in the Vatican. They're -- they're not sure whether they picked a new Pope or they've agreed on a pension bill for Illinois.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) With leave of the Body -- thank you, Senator Haine. Senator -- leave of the Body, go back to Senate Bill 1191. Senator Delgado. Senator Delgado wishes to proceed. Please, Senator -- Mr. -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Delgado.

Thank you, Mr. President and Members of the Senate. Senate Bill 1191 is a recommendation of the Department of Children and Family Services. Senate Bill 1191 deletes the mandate under the Child Care Act that the Department make a comprehensive list of unsafe children products available to child care facilities that do not have Internet access. Under the bill, the Department is mandated to adopt rules to maintain data on child care 43  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 facilities without Internet access and make sure the facilities register with appropriate mailing lists for recalls of children's products. We have no opposition. This is an initiative of DCFS, backed by Illinois Action for Children, the Ounce of Prevention Fund and the Illinois Public Health Association. And I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Delgado. Seeing no discussion, the question is, shall Senate Bill 1191 pass. All those in favor will vote Yea. The opposed, Nay. The voting is open. Have all voted who wish? Have all who voted to wish? Have all voted to wish? Take the record. On that question, there are 56 Ayes, no Nays, no voting Present. And the bill, having received the required constitutional majority, is hereby passed. On the top of page 7, Senator -- Senate Bill 1307. Senator Lightford. Out on the record. Senate Bill 1309. Senator Murphy. Senator Murphy. Mr. Secretary, Senator Murphy would like to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Murphy.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any discussion? Seeing none, the question is, shall Senate Bill -- 1309 pass. All those in favor, vote Nay {sic}. The voting -- opposed, Nay. The voting is open. All who -- all voted who wish? All -- have all voted a wish? Have all voted to wish? Take the record. On that, there are 54 voting Ayes, no voting No, no voting Present. And Senate Bill 1309, having received the constitutional majority, is hereby declared passed. Thank you. Senator -- 1321. Senator Trotter. Please read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Trotter.

…much -- thank you very much, Mr. President and Members of the Senate. Senate Bill 1321, as amended, is cleanup language as a recommendation from the Department of Public Health, 45  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 revising the contents of the annual report due to the Governor's and the General -- and the Auditor General {sic}, who -- deals with the prostate and testicular cancer program. There is some language in here that cannot be addressed because the tests are not done and they're asking that we delete that language from the original bill from 1999.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Trotter. Any discussion? Seeing no discussion, the question is, shall Senate Bill 1321 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted a wish? Have all voted to wish? Take the record. On that, there are 54 voting Yea, no voting Nay, no voting Present. And Senate Bill 1321, having received the required constitutional majority, is hereby passed. Senate Bill 1340. Senator Mulroe. Please read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

Thank you, Mr. President, Members of the Senate. This bill would amend the Probate Act to add DCFS to the -- a list of public entities that do not have to pay for guardian ad litem fees.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any discussion? Senator Righter, what purpose do you rise? 46  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said he'll yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter. Can we keep the voice down, courtesy for all our colleagues here? Sorry, Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Mulroe.

I'm sorry. Senator, the -- what I've -- we've learned is the reason DCFS is requesting this -- and it's not a big dollar amount. I think they've had twenty-eight cases in 2011 and twenty-eight cases in 2012 where the -- they actually have to appoint someone to go out to the home of a juvenile that's aged out, who can't make it to court. There's only twenty-eight cases. The total, I believe, in the last two years is pretty insignificant, about seven thousand dollars that DCFS has paid. But they're seeking this because their -- obviously, the budget cuts to their department. The amount that would be paid -- or if DCFS was not required to pay these attorneys -- most -- most 47  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 times they are attorneys that go out to visit these wards. It's my understanding the practice is, it's done on a pro bono basis. So the -- the cost would be -- there should be very little cost. DCFS wouldn't pay it. It's likely to be done by attorneys on a pro bono basis. If they did not pay it -- or if they did not do it on a pro bono basis, it may be incurred by the counties. But it's my understanding that there's a list of attorneys that do it on a pro bono basis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

It -- it's a valid concern. I'm not -- I -- I got to tell you, I'm not a hundred percent sure. But in some of the cases that DCFS had to go hire attorneys to go visit the wards, they've come back and then have asked for waivers and the court 48  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 has granted it. And, in fact, the -- the attorneys did if for free anyways, not knowing they were going to actually have to do it pro bono. But it's my understanding that the practice is in place where attorneys are doing it on a pro bono basis. But in the event that attorney, I guess, seeks a fee, it would be have to {sic} paid by someone, and I'm assuming it would be the counties.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any other questions? Seeing none, Senator Mulroe, to close.

Thank -- thank you. Just so everyone is aware, though, currently the Office of State Guardian, the public guardian, the 49  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 elder abuse agency, and Department of Human Services Office of the Inspector General don't pay these fees. So, in my opinion, it was probably an oversight not to put DCFS in here. And in practice, the attorneys are handling these cases on a pro bono basis. And the -- the amount is insignificant, but we are -- we've cut DCFS' budget dramatically and they're doing their best, in their obligation to the citizens of the State of Illinois, to find ways to try to cut -- cut down on costs, and I think this is an appropriate bill to pass. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Mulroe. The question is, shall Senate Bill 1340 pass. All those in -- will vote Nay {sic}. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted to wish? Take the record. On that question, there are 38 voting Yea, 16 voting No -- Nay, and no voting Present. Therefore, Senate Bill 1340, having received the required constitutional majority, is declared passed. Senate Bill 1358. Senator Kotowski. Mr. -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski.

Thank you very much, Mr. President. Senate Bill 1358 builds on a -- a Public Act which required the registration of administrative support orders with the court so that all case 50  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 information is kept in a central location. What this does, simply, is allows the parties to be notified by first class mail when an order is registered with the court instead of by personal service. However, if modification of a support order is sought, personal service is still required.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, the question is, shall 1358 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted to wish? Take the record. On that question, there are 56 Yeas, no voting No, no voting Present. And Senate Bill - - 1358, having received the required constitutional majority, is hereby passed. The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Will the members of the Committee on Assignments come to the President's Antedesk {sic} immediately? The Senate stands at ease. (at ease) The Senate will come to order. Committee Reports.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Ladies and Gentlemen of the Senate, the following committee will be meeting to take up Floor amendments: The Senate Executive Committee will be meeting in 212 today at 2 p.m. Senator Jones, what purpose do -- at 3 p.m. I'm sorry, 3 p.m. What purpose do you rise, Senator Jones?

Personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) …your point.

Today we are celebrating two birthdays of two special people in this Chamber: Lisa Groesch, who's in the phone booth area. She always provides a nice -- warm coffee, nice sweets for us every day when we're in Session. And also, Paul Nevitt, the doorman. He makes seventy-five today. So could you all please join me in wishing both of them a happy, happy birthday?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Let's all rise, and thank you very much for all you do for us. Okay. It's the intention of the Chair is to continue on 3rd Reading. Page 7. Senate Bill 1366. Senator Biss. Mr. 53  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 President -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss, on your first bill in the Illinois Senate.

Thank you, Mr. President, for that reminder.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any -- anytime.

Senate Bill 1366 simply clarifies something in statute that was left a little bit vague by the creation of the second tier of pension benefits. The statute makes a reference to the phrase "earned annuity", which is actually not defined in the Cook County Pension Fund Article of the Pension Code. And this bill creates that definition in a manner that, I think, is what was intended by all, and I certainly know of no opposition to this bill. Be happy to take any questions, which I am sure are forthcoming.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any questions? First bill. Any questions? Okay -- Senator Haine.

Mr. President, would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Yes, I'm sure he will. He's been looking forward to it.

54  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 So, Senator Biss, I want you to tell the Body again why we need this bill. What…

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator -- Senator Biss, why do we need the bill?

…for speaking too soon. Some old habits die hard, Mr. President. We need this bill because the so-called Tier II benefit makes reference to a phrase "earned annuity", which is as it -- currently not defined in the Cook County Section of the Pension Code. And this bill creates that definition.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

So this is a pension bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

I believe the answer to that question is yes.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

And you know of no opposition to a pension bill?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

Correct.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

55  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 So you spend your days and nights here in your office and you don't talk to any citizens back in your district? And they -- and they -- you -- you don't understand or feel any of the -- you don't read the Tribune's editorial page, John Kass and other luminaries of the Fourth Estate? And you can stand there and then tell us that you don't know of any opposition to a pension bill?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

As it happens, Senator, I do make an effort to avoid certain of those Fourth Estate denizens you -- you made reference to. However, I do also make an effort to spend a lot of time in my district with constituents. Sometimes, apparently, perhaps some of their comments escape my notice.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine, on any other books, other than math books?

Again, these are earned annuities, right?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

Correct.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

So, implied in this bill is that those who are under the Tier II have earned their annuities and those that are under Tier I, such as most of us here, have not earned their 56  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 annuities. Is that what you're inferring in this bill?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

Senator, my reading of the subtext here is different from yours, but if that is a concern of yours, it dates to the creation of Tier II, not to this piece of legislation.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

Now, Senator Biss, I'm -- I'm -- I just find it difficult, and I'm sure everyone in this Chamber will find it very difficult, to vote for any pension bill at this time. And this is even one which has an earned annuity, which looks like another window opening. But I want to give you great deference, because you, I know, are a refugee from the House that's come here to breathe the air of freedom. And -- but I'm still waiting for a justification as to why we risk our political careers in voting for another pension bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

I very well understand that concern - I can assure you, Senator. Without the enactment into law of this clarification, there would be people in Cook County, survivors, in fact, as it turns out, of deceased public employees in Cook County, who are, in the universally agreed-upon intent of the Legislature, entitled to an annuity who would unfortunately, because of the letter of the current statute, not receive it. This bill 57  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 attempts to remedy that and I -- I would argue that it is worth taking the extraordinary political risk of voting for this bill in order to help that class of widows who would otherwise be without an adequate retirement benefit.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine, on your wise comments.

And, Senator Biss, of course this only applies to the widows in Cook County. There are no widows downstate in this scheme here - another caution for all of us downstate. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Steans. Purpose do you rise?

Yeah, to the bill, Mr. President.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

You know, I just want to suggest -- I think a few minutes ago Senator Haine had indicated that there was a puff of white smoke that came up over the Vatican that we have a new Pope. This relates -- this bill, it seems to -- there's a lack of clarity, lack of definition. I don't think we should vote Yes on the bill, unless Senator Biss can let us know who the new Pope is.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss, do you have any comments on the Pope?

No. 58  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Being that we're both Jewish, that was a good… Senator Jones, what purpose do you rise?

Question to the sponsor, Mr. President.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) He will -- he yields.

Those of us -- those of us on this side of the Chamber was wondering how you're recovering from the chip removal, coming over here to the Senate.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

I would simply urge the Chamber, both sides, in fact, who are familiar with this difficult but important surgical procedure, to judge the outcome by the quality of this piece of legislation that he upon whom the surgery was performed has brought before you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) …questions? Senator Biss, do you wish to close?

I respectfully request an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate Bill 1366 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Waiting -- have all voted to wish? Take the record. On that question, there are 54 voting Nay -- Yea, no voting Nay, no voting Present. And 59  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Senate Bill 1366, having received the required constitutional majority, is hereby passed. Congratulations on your first bill. Senate -- moving on to Senate Bill 1373. Senator Jacobs. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Jacobs.

Thank you, Mr. President. Senate Bill 1373 removes the language of the Nursing Home Health {sic} Care Act that is no longer applicable. In 2000, facilities serving minors, skilled -- skilled pediatricians were removed from regulation under the Nursing Home Care Act. Senate 1373 removes unnecessary references and errant references to this matter. I know of no opposition. Came out of committee with full support.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Jacobs. Seeing no discussion, the question is, shall Senate Bill 1373 pass. All in favors, vote Yea. 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 Ayes, no voting Nay, no voting Present. And the -- the Senate Bill -- 1373, having received the required constitutional majority, is hereby passed. Senate Bill 1379. Senator Koehler. Please -- he wishes to proceed. Senator -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Koehler.

Thank you, Mr. President, Members of the Senate. 1379 amends the criteria for business enterprises located in an enterprise zone to qualify for an exemption from municipality and State utility taxes. Basically, this is a bill that involves Keystone Steel & Wire Company in Bartonville. And under the original criteria, it was a thousand jobs threshold that they had to meet. With the economy being what it is, we've talked about stepping this down to seven hundred and fifty jobs and then stairstepping back up. So I'd be happy to answer any questions. This is just to help a business that has traditionally been in -- in Bartonville and is an old steel industry.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator. Seeing no -- question -- discussion, the question is, shall Senate Bill 1379 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all who voted who wish? Have all voted who wish? Have all voted to wish? Take the record. On that question, there are 54 of you voting Yea, no voting Nay, no voting Present. And Senate Bill 1379, having received the required constitutional majority, is hereby declared passed. Senator Koehler, on Senate Bill 1381. Mr. -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Koehler.

Yes, thank you. Has this been amended? Okay. This bill clarifies that -- it allows a vehicle or pedestrians to enter an intersection under the direction of a flashing yellow light arrow indication. What's going on is that in -- in the Peoria area, we have been a -- kind of a test pilot project for using flashing yellow and flashing red arrows at intersections. It -- it's an experiment that I think has worked pretty well. I don't know if Senator LaHood has had any comments, but I have not had any adverse comments in terms of this. I think it's a -- it's a good system, and what this legislation does is it really allows it to be permissible in the State of Illinois.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator. Seeing no discussion, the question is, shall Senate Bill 1381 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted to wish? Take the record. On that question, there are 55 Ayes, no voting Nay, no voting Present. And Senate Bill 1381, having received the required constitutional majority, is declared passed. Senator Brady, on Senate Bill 1383. Senator Brady wishes to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Brady.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator. Seeing no other discussion, the question is, shall Senate Bill 1383 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted to wish? And on that question, there are 55 voting Yea, no voting Nay, no voting Present. Take the record. On that -- on that motion -- that -- there -- on that question, there are 55 voting Yea, 0 voting Nay, no voting Present. And Senate Bill 1383, having received the required constitutional majority, is hereby passed. Senator -- Senator -- Senator Haine, on Senate 1404. Out on the record. Senate Bill 1430. Senator Syverson. Out on the record. Senator -- Senator -- Senator Haine, on Senate Bill 1456. Out on the record. Senate Bill 1470. Senator Haine? Okay. Let's go back to -- leave of the Body, go back to Senate 1456. Senator Haine wishes to proceed. Mr. -- Mr. Secretary, 63  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a initiative of the Illinois Association of Fire (Protection) Districts. And it eliminates an old, very old, requirement of categorization of appointees based on employee class, employing class, neither of the two. The requirement has made it difficult for fire protection districts. And these are the governing boards, some of whom are elected and some are appointed. Most of them are appointed by the county boards. It makes it difficult to find suitable candidates for the position, and frequently these various categorizations are ignored. So this merely removes those and allows the county board chairs to appoint the best person for the job to serve, which is the usual for library boards, levee boards, and other things.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Any -- any discussion? Seeing no discussion, the question is, shall Senate Bill 1456 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted that wish? Have all voted a wish? Take the record. On that question, there are 53 voting Yea, 1 voting Nay, no voting Present. And Senate Bill 1456, 64  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 having required the -- receiving the required constitutional majority, is declared passed. Senate Bill 1470. Senator Sullivan. Senator Sullivan wishes to proceed. Mr. Secretary.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sullivan.

Thank you, Mr. President, Members of the Senate. This is an initiative of the Department of Agriculture. It's in response to recent federal changes made to the Federal Meat Inspection Act and the Poultry Production {sic} (Products) Inspection Act. And it requires any establishment that is subject to inspection under those Acts to notify the Director of the Department of Ag immediately if they believe any contaminated meat or meat product has entered commerce.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Seeing no discussion, the question is, shall Senate Bill 1470 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all voted to wish? Have all voted who wish? Have all voted to wish? Take the record. On that question, there are 55 Ayes, no voting Nay, no voting Present. On that question, Senate Bill 1470, having received the required constitutional majority, is hereby passed. Senate Bill 1471. Senator Holmes. Out on the record. Senator Martinez, on Senate Bill 1495. Mr. Secretary… Senator Martinez seeks leave of the Body to return Senate Bill 1495 to the Order 65  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill -- 1495. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

Thank you, Mr. President, Members of the Senate. The Floor Amendment No. 1 makes a -- makes correct technical and grammatical errors in the current language, and I'll be happy to discuss it on 3rd Reading.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussion? All those in favor, say -- all those in favor, say Nay {sic}. Opposed, Nay. The Ayes have it, and the amendment is adopted. There any Floor amendments for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. On the top of page -- 1496. Senator Martinez. Senator Martinez wishes to proceed. Senator Martinez seeks leave of the Body to return Senate Bill 1496 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill -- 1496. Mr. Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

Thank you, Mr. President. Floor Amendment No. 1 comes from the LRB, and it corrects a typographical and -- grammatical error in the language.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any discussions? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any Floor amendments for approved consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

Thank you, Mr. President. This also corrects a grammatical error and also changes a "certified first assistant" to "Certified Surgical First Assistant".

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any discussions? If -- and those in favor will say Aye. Opposed, Nay. The Ayes have it, and the -- amendment is adopted. Are there any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senate Bill 1497. Senator Althoff. Senator Althoff. Out on the record. Senate Bill 1498. Senator 67  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Althoff. Out on the record. Senate Bill 1499. Senator Cunningham. Mr. President, please read -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cunningham, on your first bill. A lot of firsts today. Senator Cunningham.

Thank you, Mr. President, Members of the Senate. SB 1499 is an initiative of the Cook County Forest Preserve District and it simply gives Cook County the same authority that every other forest preserve district in the State has, and that's the ability to acquire land through easement. Would be happy to answer any questions and I'd ask for the Chamber's support.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Rose, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Speaker will yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator -- Senator Cunningham. 68  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

That's correct.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) This is his first bill. Anymore questions for Senator Cunningham? Okay. Senator Cunningham, to close. Oh! Oh, Senator Noland slipped a light over there. What's the purpose of standing up, Mr. Noland -- Senator Noland?

I was standing up. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Questions of the sponsor?

Now, the easements that we're talking about on the forest preserve, are these only in Cook County? Where -- where are we talking about here?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cunningham.

Yes, that's correct, would only apply to Cook County. All other forest preserve districts in the State already have the right to acquire property through easement. Cook County does not. This would correct that.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

Does this in any way subvert local control? Because, you know, this is the State acting here and we certainly want to preserve this whole notion of local control.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 69  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Senator Cunningham.

No. In no way does it subvert local control. You could have a scenario where a local municipal government has property that they would like to provide to the forest preserve district through easement - they are free to do that. That would be the decision of the local government. Doesn't allow State government or county government to impose on any landowners, whether they're municipal landowners or private landowners.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

Have we taken a poll of, let's say, that league of extraordinary characters, such as Smokey Bear, Bambi, Thumper, and how do they feel about this?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland, on that -- or, Senator Cunningham, on that.

I don't believe any poll has been taken. No.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any other questions? Senator -- any other cartoon characters you want to talk about?

Well, those that are normally found in the forest, I suppose, probably too numerous to name here. But just to get the dialogue started, I thought I'd open with some of these questions and welcome the Senator to the Chamber. I know that you, too, may have had this surgery that we speak of and I want to tell you that, thus far, you're performing admirably. And 70  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 good luck with the inquiries to follow here.

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

Questions of the sponsor.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor has said he will yield.

So, Senator Cunningham, this has to do with easements, number one, right? Are these prescriptive easements? Could you define to the Chamber what a prescriptive easement is?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cunningham.

I cannot define a -- pardon me, a -- no, I…

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Prescriptive easement.

I can give you a definition for "easement", but -- if it pleases. It's a…

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

…on definition of "easement".

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cunningham.

It's when a landowner grants another person or party the right to use his property for a specific purpose. 71  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Professor Haine.

What is the difference between an easement and a license?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cunningham.

Not sure.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

Now, when we're talking about easements, do we -- are we talking about dominant estates or subservient estates? Is that implied in this bill? Is the forest preserve going to differentiate between the two, and how are they going to do that?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine. Do -- Senator Cunningham, you want my law books, if you want?

No, I don't think they're going to differentiate.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

So, it's fair to say, you don't know?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cunningham.

Yes, that's fair to say. 72  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

I'm shocked. Now, it also allows the forest preserve district to acquire land in fee simple. Can you define that term "fee simple" to the Body, since this grants an extraordinary authority to acquire land in fee simple?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cunningham, on fee simple.

Yes, fee simple would allude to acquiring land by absolute title, usually through the payment of a fee, and the person paying the fee would take over total possession of the land, which is now the only way the forest preserve can acquire land.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) That's a correct answer. Very good. Senator Haine.

It says fee simple for the purposes -- for the following purposes, which seems to limit the term "fee simple". You said absolute title. But they can only take it for limited purposes. How does that work?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cunningham, if you know the answer.

Well, they can acquire land through fee simple under the statute. Now that's the only way they can acquire land, but the statute does perhaps contemplate putting limits on what kind of land they can buy fee simple.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 73  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Senator Haine, on the rule against perpetuities.

Let's talk about that. Is there -- is the Cook County Forest Preserve District going to abide by the rule against perpetuities in the reception of this property by easement for fee…?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator -- Senator Cunningham.

I -- I assume they'll follow whatever the laws of the State are.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine, in providing it's twenty-one years.

I -- I -- I -- I seem to have a series of commentary coming from the Chair, which disrupts the line of questions, but that's okay. That's whether you do it in Chicago, I guess. Right, Mr. President? My -- my last question is -- is this: Is there any power that you're going to limit the Cook County Forest Preserve District to do, or is this another one of these Chicago carte blanche grants of power to tax and to grab land? I can only cite examples such as the midnight destruction of Meigs Field and other things. Did the Park District have a hand in that?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cunningham.

I'm -- I'm not sure, Senator. I will say what this bill will do is put Cook County on the same par as -- St. Clair County or Madison County, and other counties in and around your 74  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 district, to acquire land through easement. That's something Cook County does not have now. Doesn't have the power that those other forest preserve districts do. This will try to level the playing field.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine, any other further questions?

To the bill: I -- I believe the -- my distinguished colleague, Senator Cunningham, another refugee from the House, has touched on the problems with this bill. There's a reason why the General Assembly did not grant the Cook County Forest -- Forest Preserve District these powers. They didn't trust the Cook County Forest Preserve District. It's simple. And are we going to go back on years of precedent and custom and grant this wide authority here? I also want to call the Body's attention to the fact that during the Middle Ages, the person that owned the forest was the king. And the king prohibited the poor from hunting or trespassing on his forest land. It was punishable by death to kill a creature on the king's forest. That's the -- that's the genesis of forest preserves. So this is another attempt, similar to one last week, of a -- of us going down a path of monarchical power granted to this -- this hidden board, this anonymous board that runs this forest preserve district. I would caution everyone to take a dim view of this bill. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Haine. Senator Cunningham, you want to close?

75  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate Bill 1499 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all who voted to wish? Have all voted who wish? Have all who voted a wish? Take the record. On that question, there are 55 Yea, no voting Nay, no voting Present. And Senate Bill 1499, having received the required constitutional majority, is declared passed. Congratulations. Continuing on Senate Bill 1515. Senator Collins. Senator Collins. Mr. -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Collins.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1515 amends the State Treasurer Act to allow the Treasurer to transfer any excess money out of the Treasurer's Rental Fee Fund and into the State Pensions Fund. I know of no opposition. I would ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) …you, Senator. Seeing no discussion, the question is, shall Senate Bill 1550 {sic} (1515) pass. All those in favor, vote Yea. 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 Yeas, no 76  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 voting Nay, no voting Present. And the -- the -- Senate Bill 1515, having received the required constitutional majority, is declared passed. Senate Bill 1544. Senator Martinez. Out on the record. Senator -- Senate Bill 1561. Senator Forby. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Forby.

Yes, Senate Bill 1561 today, this is a bipartisan bill, and what this is, is about our veterans in the State of Illinois. Since 1970s, the veterans has run a beer tent in DuQuoin fair and the Springfield fair, and when this money -- when they take the money out of there, they give it all to charities. In my district, what they've done a lot is gave it to the Anna Veterans' Home and to the Women's Club and -- and the Booster Club, to anybody they can help. So the money that's came out of this money goes to charity. And what they done last year, they contracted this out. Like I said, the veterans been running it since 1970, and Department of Ag said, after they contracted it out, they didn't make any more money than what they done with the veterans. So what we're wanting to do today is get this bill here today back the way it was so our veterans can run the beer tents in Springfield and DuQuoin so they can donate the money to our charities. We got some charities that depends on this money. So I'm asking for an Aye vote. 77  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing -- thank you, Senator Forby. Seeing no question -- no discussion, the question is, shall Senate Bill 1561 pass. All those in favor, vote Yea. Opposing, 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 52 Yeas, no Nays, no Present. And the -- Senate Bill 1561, having received the required constitutional majority, is hereby passed. Senate Bill 1595. Senator Haine. Mr. President -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is a bill which changes, because of an old mistake, I believe, the way money is distributed from the Local Sales Tax -- Fund, which years ago was divvied up in a certain way and .6 percent went to the Madison County (Mass) Transit District in my district for transportation purposes. However, because of a longstanding custom, I suppose - there's no statutory authority to do it - although the money is currently appropriated to the Department of -- should be Department of Revenue, it is appropriated through the Department of Transportation. DOT wants to give this up. There's no statutory authority to do so. They find it a pain in the neck. 78  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 They want it just to be given directly to 'em from DOR. And there's no opposition.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no -- no discussion, the question is, shall Senate 1595 pass. All those in favor, vote Yea. The opposing, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the -- on that question, there are 53 Yeas, no voting Nay, no voting Present. Take the record, I'm sorry. There are 53 voting Yea, no -- no voting Nay, no voting Present. On that question -- and -- and then, Senate Bill 1595, having received the required constitutional majority, is hereby passed. Senator Morrison, on Senate Bill 1599. Senator, you wish to proceed? Mr. -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator, on your first bill.

…Mr. President. Senate Bill 1599 is an initiative of DCFS that clarifies what constitutes a DCFS background check and who's required to complete a background check as part of a working relationship with the Department. This bill is in response to an FBI audit finding to continue to include FBI checks as part of criminal background checks. The FBI results allow the agency to consider criminal convictions committed outside the State of Illinois. DCFS expects no fiscal 79  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 implications from this legislation since it currently conducts and pays for these checks for the entire population. I know of no opposition.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Can we have a little order? It's her first bill. Senator Haine, did you -- Senator Haine. No. Senator Raoul.

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said she will yield.

I'm -- I'm curious as to what the National Rifle Association's position is on this bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Morrison.

No position.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

Are you certain of that? Have you -- have you consulted with Senator Forby on his position on universal background checks?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

I'm not sure that this is relevant. But I would invite my colleague, Senator Forby, to express his concerns or interests, if he has any now. 80  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

This is about background checks, isn't it?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Morrison.

Yes, it is.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

And background checks is something that the NRA has weighed in on, haven't they?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

They have, but I don't believe as it relates to employees or volunteers or applicants for the Department of Children and Family Services.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

With regards to the children, is it for the background checks on the private transfer of kids?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Morrison.

This relates to employees, applicants to become employees, volunteers. It's -- that's what it's for. 81  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

So -- so this is not the universal background check bill, right?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Morrison.

That's correct.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

Did -– did you have to consult with the staffer to get that answer, or did you come up with that answer on your own?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

I like to work with my staff very closely.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

Since you're a little bit uncertain, let me make sure, and you can ask the staffer, is there an assault weapons ban in this bill too?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

I can speak with all confidence on that question. There absolutely is not. 82  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

No, Senator. I asked you to ask the staffer to make sure, 'cause you weren't sure before.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Morrison.

Since I'm the sponsor, I think you're going to have to believe me, Senator.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

I don't -- I don't know whether this Body should seriously -- I'm going to ask that the staffer step away from her for the rest of the questions, 'cause she's the sponsor, she knows her bill. She doesn't need you. She -- walk away, walk away. She doesn't need you. I'm -- I'm -- I'm urging a No vote on this bill because of the arrogance Senator Morrison displayed and the disregard for our staffer, our hardworking staffer. She says she knows it all. She doesn't need you. Go ahead, come on back here with me. Maybe I'll find out about what this bill really does. I -- I join Senator Forby in urging a No vote on this bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Noland, what purpose do you rise?

I, too -- well… Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 83  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 To -- to the bill.

No. I have a question.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) You got a -- what's -- the sponsor said she'll yield.

Senator, I, too, have a little question regarding your demeanor. Let me ask you a question here. It says here that you're seeking basically a criminal background check. Is that right?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Morrison.

Yes.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

Were you aware that I happen to chair the Criminal Law Committee?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

Yes, I am aware of that.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

Thank you, Mr. Chair {sic}. Senator, I -- please forgive me, and perhaps you can refresh my recollection, but I do not recall this bill coming through my committee. 84  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Morrison.

You're correct, Senator. It went through Human Services.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

Please explain.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Morrison.

It went from Assignments to Human Services, where it was heard and passed out with no questions or No votes.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

Senator, please forgive me again, but I'm not satisfied with that response. You see, in a sense, we're all Harry Truman Democrats here and we don't pass the buck. You are responsible for the shepherding of your own bill. Okay? It's important for you, as a new Member here in the Chamber, to understand that. Would you like to respond?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Morrison.

Take that -- I take that responsibility very seriously, Senator. I believe Human Services was the appropriate committee for it to be assigned to and to pass through. If you have any concerns about the criminality of that, I hope you'll express 85  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 that now for the Body.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland, any concerns? Was that a question or a reaction?

Both, I suppose, if she cares to respond to that as well. I take great umbrage. I must tell you, Senator - to the bill, Mr. Chair {sic} - I think this is exemplary of the vagaries and the disconnect, if not disrespect, that we have for procedure and parliamentary history here in the Chamber. And one of the reasons why -- I must tell you, Senator, I will consider greatly and deeply the fact that you feel as though redirecting this bill to, perhaps, a more favorable committee is somehow acceptable here in the Chamber. I, in my time here, have never, ever experienced such disregard for the customs and traditions of this Chamber. So, with that, I would say I take perhaps the same -- same umbrage and concern that Senator Raoul has expressed here and urging voters -- or urging our -- our colleagues here to perhaps consider long and hard on this bill as well and vote No. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland, do you rest your case?

No further questions for this witness. Thank you very much.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no other questions, Senator, you want to close?

I humbly and respectfully ask this Body to join me in 86  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 passing this bill to make the children of Illinois safer. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) On that question -- the question is, shall Senate Bill 1599 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all who voted a wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, no voting Nay, no voting Present. And Senate Bill 1599, having received the required constitutional majority, is hereby passed. Congratulations. Senate -- Senator Morrison, on your second bill. 1600. Do you wish to proceed? Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

Thank you, Mr. President. Senate Bill 1600 is an initiative of DCFS as well. It seeks to address an FBI audit finding by extending criminal background check requirements to include non-licensed service providers and volunteers. Both the FBI and the State Police have recommended that DCFS amend its statutes to comply with federal law and resolve the audit findings. However, DCFS indicates that its inability to perform the requisite fingerprint screenings and disclose the FBI background check data to its non-licensed service providers, independent contractors, and courts creates a universal safety 87  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 issue and subjects our Department to legal exposure. Are there any questions?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hunter, what purpose do you rise?

To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

This bill came out of the Human Services Committee and I ask for an Aye vote. It's a very good bill. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) …you. Senator Raoul, what purpose do you rise?

To the -- to the bill: I urge the Chamber to support the humble Senator's {sic}, who so competently presented this bill without any help.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland, what -- what are you rising for?

Then again, you know, here we go again. Another criminal background check did not go through the Criminal Law Committee. So, you know, I restate my concerns for the previous bill and urge a No vote on this bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator -- no other -- Senator -- no -- seeing no other question -- discussion, the question is, shall Senate Bill 1600 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who 88  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 wish? Have all voted who wish? Take the record. On that question, there are 53 voting Yea, no voting Nay, no voting Present. And Senate Bill 1600, having received the required constitutional majority, is hereby passed. Senate Bill 1658. Senator Haine. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This amends the Illinois Insurance Code to provide that nothing will prohibit nonparticipating in-network facility-based physicians - in other words, emergency room doctors - nothing will be interpreted to prohibit them from billing outside of the provider network using the -- what they call the prudent layperson standard. And that applies to a person brought to a hospital under emergency conditions. There's no opposition to it.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator. Seeing no further discussion, the question is, shall Senate Bill 1658 pass. All those in favor, vote Yea. Opposing, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted a wish? Take the record. On that question, there are 54 voting Yea, no voting No, no voting Present. And Senate Bill -- 1658, having received the required constitutional majority, is hereby passed. 89  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Senator Van Pelt, on your second bill. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Van Pelt.

Senate Bill 1659 amends the Illinois Income Tax Act concerning a employer tax credit for wages paid to ex-offenders and increases the maximum allowable credit for employers from the current six hundred dollars to fifteen hundred dollars for each qualified ex-offender. It amends the Illinois Income Tax Act by increasing the qualified ex-offender eligibility criteria from the current one felony offense to any person with a felony offense except sex offenders. It provides that the credit is exempt from the Act's automatic sunset. It helps people with criminal records move from economic dependency into self- sufficiency as they earn a steady income and become contributing taxpayers, while providing an incentive for employers willing to assist the State with successful reintegration of ex-offenders.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said she will yield. Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Van Pelt, please.

Senator, that is correct.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

A couple of things. One is that under the bill under its previous description, the bill allowed for first-time -- for employers to get a tax credit of six hundred dollars for first- 91  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 time, non-violent felons who just got out of prison, and the chances of someone having a non-violent felony going to prison in Illinois is very minute. Yet, there were twenty-three employers that took advantage of the -- the -- the -- the bill at that time and -- and it looks like approximately seventy ex- offenders, who were first-time, non-violent, just got out of prison, were able to take advantage of the -- the -- the statute. In 2011, we had thirty-seven thousand ex-offenders released into Illinois communities. They joined -- according to the National Employment Law Project, they joined nearly 3.9 million adults in Illinois who have a criminal record. As you know, this -- once someone has a felony record, they're excluded many times from employment opportunities. And in order for a business to have used the past program, they would have had to have understanding of how the law works. It would be an employer who has knowledge on -- on law, criminal law, and able to then select a person that would be eligible and then use the program. So, I think that -- and -- and also, I've talked to the Illinois Commerce -- Chamber of Commerce, the Illinois Retail Merchants Association, Illinois Manufacturers' Association. This bill is something that none of them opposed at all, as it -- because they understand that it is a barrier to employment for ex-offenders and that we need to figure out a way to get these four million people in Illinois back to work.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Righter, any other questions?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator.

Thank you, Senator. That's a good question. Originally, it was for non-violent, first-time ex-offenders who had been released from prison in the last year. This bill opens it up so that it includes any ex-offender that has been released in the last three years, except for sex offenders. So it -- it -- it makes it easier for an employer to determine; if he wants to hire someone, he does not have to know the Criminal Code to pick who he wants to hire. The risk is not to the State, or -- it's to the employer who makes the decision of who they would like to hire.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Van Pelt.

Thank you. Number one, fifty-three percent -- approximately fifty-three percent of ex-offenders who are released back into our communities go back to prison within three years. We had thirty-seven thousand released in 2011. We took in -- thirty-five thousand, people who had committed crimes went back to prison. According to a study from the -- the American Bar Association Commission on Effective Criminal Sanctions, a person that has a criminal record who cannot secure employment are three times more likely to recidivate than those who are able to find work. So what we -- what we're doing actually is saving the State tens -- hundreds and millions of –- of dollars by helping ex-offenders get back into society, which means that they're three times less likely to end up back in prison. And, as you and I know, when a person goes back to prison, it's not because they decide they want to go back to prison; it's from committing multiple crimes and they end up back in prison. So, if we can reduce the -- reduce that -- reduce the times that people go back to prison by providing an 94  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 opportunity, a door in for employment, I think that it's a good -- a good decision for the State fiscally, and also for all of us that live in the State, I mean, 'cause we have four million at this point now in Illinois.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Collins, what purpose do you rise?

To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

I rise in strong support of this legislation and I want to commend the sponsor for working very hard to get the bill to the Floor. I think this is indicative of -- being smart on crime and having strategies to reduce the recidivism. We know that with inmates in prison, we pay fifty thousand dollars per inmate. This, I see, is not only to help the State gain -- or employ these individuals to get them back on the tax rolls, and I think it's a critical incentive to employers to hire people, because we all know that it increases public safety, it improves their lives, and it makes a more effective use of taxpayer dollars. So I support Senator and I thank her for working very hard and with the various groups to try to get an agreed-upon bill, and I just urge an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 96  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Thank you. Senator Murphy, did -- purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Murphy. Senator Raoul.

To the bill: I echo the sentiments of the last speaker. I 97  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 -- I think oftentimes we talk about - I've heard a lot during this Session in particular - we're not prior -- we ought not be considering a certain matter because we're not prioritizing things appropriately. We're considering thousands of bills. And as the last speaker pointed out, there are matters that will be addressing job creation. But the fact that this bill is not a bill necessarily about job creation doesn't mean we're prioritizing this over job creation. We -- we've got the capacity to chew gum and tie our shoes at the same time. We can do two things at the same time. That doesn't mean we're -- we're -- we got our priorities mixed -- mixed up. This is not only about just reducing recidivism; it's about public safety and it's about reducing our costs. We talked in Criminal Law Committee today about the -- the -- the pattern that we've had - - the irresponsible pattern we've had as a Legislature by willy- nilly enhancing penalties year after year. That has a cost to it. It has a fiscal impact to it that we've ignored, year after year. This is a type of policy that recognizes that, recognizes the fact that we want to deter people from going back into the system, because, guess what, we have to pay for it. So I urge an Aye vote on this bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Raoul. Senator Hunter, what purpose do you rise?

Thank you, Mr. President. I, too, echo the sentiments of this -- of -- of the support of this bill. I commend the sponsor for bringing this bill to light. She's been working in -- in the -- in the criminal justice ex-offender population for 98  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 a very, very long time, long before she came down here to Springfield. And it's about time that we get more people who are more -- down here in Springfield who are more conscious of some of the issues that -- that ex-offenders face. I think by increasing the -- the -- the tax credit, it will bring -- it will allow employers to hire more ex-offenders. And, hopefully, we can begin to address the issue with all the crime that is going on in our community. And I would very strongly urge an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter. SENATOR McCARTER: To the bill: Senator, I -- I appreciate you bringing this bill, because, you know, people say that it costs us to give a tax credit, but, you know, it really -- it really -- it -– it costs us a lot more to keep these folks in prison. And I've got a bill, Senate Bill 1720, that does the same thing - that, by the way, I couldn't get a full hearing on and a vote - that provides the same thing for welfare recipients, that encourages them to go back to work and, at the same time, doesn't take away benefits from them; enables them to have a living wage. So, I - - I hope that this trend continues and we move on to giving more people opportunities throughout this State. I'm glad that you're giving these -- these ex-offenders an -- more opportunity. I will say, as an employer, this is a tough decision to make. It's really tough to decide to bring somebody in your place that has not been trusted. Trust is hard to regain once you lose it. And as an employer, to put somebody back in your business that has not respected others and others' 99  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 property, it's tough to get them back in your business. But, you know what, as many -- as many employers as possible in the State should give it a try and -- and those employers should be rewarded for doing such and giving these folks a chance. Thank you. I'll be voting in support of the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Bivins, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Question -- sponsor says she'll yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Van Pelt.

I -- I don't know if any of those employees ended up back in prison, but I do know that -- that an employer would have to have -- have an -- an ex-offender on his staff and have paid him thirty thousand dollars before he's eligible for that entire fifteen hundred dollars. So, if only twenty-three employers took advantage of it, and if anyone happened to go back to prison or quit, then the employer is not eligible for the entire fifteen hundred dollars. It's only five percent of the wages paid. 100  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Bivins.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no further discussion, Senator Van Pelt, you want to close?

Yes. I urge an Aye vote for the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. The question is, shall Senate Bill 1659 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted a wish? Take the record. On that question, there are 45 Yeas -- 46 Yeas, 6 Nays, no voting Present. And Senate Bill 1659, having received the required constitutional majority, is hereby passed. Senator Clayborne, what purpose do you rise?

For purposes of a motion.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Please state your motion.

I make a motion to withdraw Assignments -- Assignments Report No. 1 dated March 13th, 2013. 101  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The motion's been stated. All those -- say Aye. Opposed, say Nay. The Ayes have it, and the motion is granted. Senate will stand in recess to the call of the Chair. After committee meetings, the Senate will reconvene to receive committee reports and for further Floor action. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR SULLIVAN) Senate will come to order. Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar. Mr. Secretary, Resolutions. 102  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013

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

PRESIDING OFFICER: (SENATOR SULLIVAN) 104  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/13/2013 Ladies and Gentlemen, Supplemental Calendar No. 1 has been distributed. On the Order of Senate Bills 2nd Reading, we have Senate Bill 35. Senator Biss indicates he wishes to proceed. Mr. Secretary, please read the bill.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Seeing no further business, the Senate stands adjourned till the hour of 12 noon on the 14th day of March, 2013. Senate stands adjourned. 105