Illinois Senate Floor Debate — May 15, 2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) The regular Session of the 98th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by Pastor Michael Ten Eyck, First Christian Church, Pittsfield, Illinois. Pastor.

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

(Pledge of Allegiance, led by Senator Jacobs)

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Chris Brooks, WICS, requests permission to record audio and video. Leave is granted. Seth Perlman, Associated Press, requests permission to 1  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 take photos. Leave is granted. And James R. Carder from the Blueroomstream.com requests permission to videotape. Leave is granted. Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Resolutions Consent Calendar. Mr. Secretary, House Bills 1st Reading.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Will all the Members at the sound of my voice please come to the Senate Floor for Floor action? We will be going to House Bills 3rd Reading. Will all Members please come to the Senate Floor? Senator Hunter, for what purpose do you rise?

Point of personal privilege, Madam Chair.

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

Madam President, I'm sorry.

PRESIDING OFFICER: (SENATOR LIGHTFORD) No problem. 2  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

We have a guest -- I have a guest here with me today. Nu Omicron Omega Chapter of Alpha Kappa Alpha Sorority recently held its sixteenth Debutante Coalition {sic} at the Crowne Plaza Hotel in Springfield. The Debutante Cotillion was achieved -- has achieved recognition as an outstanding civic and cultural affair that allows our membership to provide scholarships to deserving high school graduates and service to the Springfield community. Thus far, we have distributed over a hundred and forty thousand dollars to help Springfield students achieve their optimum educational goals. And this year, Miss Aryana Ja'na McPike won as Miss Fashionetta 2013. Aryana is a junior at Glenwood High School in Chatham, Illinois. Aryana plans to attend Texas State University when she graduates. She is also the daughter of Ava and Arthur McPike and the granddaughter of Pat and Odie Carpenter. Odie is one of our security here. And her mother and grandmother are both members of the AKA Sorority. When asked why Aryana wanted to be a debutante, she said, "I have been an admirer of the Fashionetta and the AKA since I can remember." Their mission to help all mankind is also where her heart lies. And I'd like to welcome Aryana.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Congratulations, Miss -- Aryana, excuse me, and welcome to the Illinois General Assembly. Senator Hutchinson, for what purpose do you rise?

Thank you, Madam President and Members of this Body. I also want to say congratulations to little Miss Fashionetta over here, who did a very nice regal wave, if you all noticed. I want to do 3  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 a couple of different introductions. One, behind us in the galleries, we have a number of sorors from all across the State visiting here for Alpha Kappa Alpha Sorority, Incorporated, Day at the Capitol. And I'd like for them to rise so that we can give them a nice warm welcome to Springfield.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please rise and be welcomed to the Illinois General Assembly.

So you will see a sea of pink and green around the Capitol as they advocate for issues that are important to African-Americans across this State. Please welcome them when they come to your offices. I also have two beautiful Pages with me today. First one: Kelsey Levingston Simon, to my left. Kelsey's currently a student at Miami University in Oxford, Ohio. She's majoring in Strategic Communications and Spanish. She will complete a bachelor of arts in May 2014, has been accepted into the University's master's program in Spanish. In addition to the abovementioned academics, Kelly's a student athlete. She's a leader and a player on the Miami University women's basketball team. She's a team representative on the Athletic Policy Committee, where she represents the University Senate to advise the President and Director of Intercollegiate Athletics about matters affecting the academic and athletic integrity of student-athlete welfare. She is also -- includes visiting students at local elementary schools to encourage good nutrition, personal empowerment and leadership, organizing donations of clothing and household goods at the community resource center, and socializing and entertaining members of the Oxford Senior Center and Knolls of Oxford senior living facility. This is a dynamic young sorority sister. Kelsey, 4  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 please stand, so we can say welcome to Springfield to you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome, Kelsey, to the Illinois Senate.

And then, I have Tatiyana. Stand up. Tatiyana Oates is a sophomore, sixteen years old, at Marian Catholic High School, plays softball, lives in South Holland. Lives -- she participates in service organizations, Top Teens of America, where she is the Area III 1st Vice President. So, please, welcome Tatiyana to the -- to the Capitol.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois Senate. Senator Althoff, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois Senate. Please rise in the gallery. Thank you. Representative -- Senator LaHood, for what purpose do you rise? SENATOR LaHOOD: Thank you, Madam President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator. SENATOR LaHOOD: Thank you, Madam President. I'm joined here today by two of my constituents from Peoria as Pages for the Day. They are brothers, Billy Williams, to my right here, who's twelve years old, and Matthew, who's behind me, who's ten. They both attend St. Vincent de Paul School in Peoria. Their parents are Kevin and Aimee Williams. Billy enjoys basketball and baseball and swimming. And Matthew enjoys basketball, baseball, golf and swimming. They both have an interest in politics and social studies and history. Their father, Kevin Williams is up in the gallery here today. And I would ask everyone to give 'em a warm Springfield welcome. Thank you, Madam Chair {sic}.

PRESIDING OFFICER: (SENATOR LIGHTFORD) You're welcome. Welcome to the Illinois Senate. Ladies and Gentlemen of the Senate, if I could please direct your attention to page 13 of the Calendar, beginning with House Bills 3rd Reading. House Bills 3rd Reading. Senator LaHood, on House Bill 2760. Out of the record. Senator Althoff, on House Bill 2761. She indicate she wish to proceed. Mr. -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 2761 pass. All those in favor will vote Aye. Opposed, No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2761, having received the required constitutional majority, is declared passed. Senator Haine, on House Bill 2765. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine. 7  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

Thank you, Madam President and Ladies and Gentlemen of the Senate. This is an -- an initiative of the Health Care Council of Illinois. There are no opponents. And it merely requires the Department on Aging and the Department of Human Services and the Department of Healthcare and Family Services to develop a way in which individuals seeking long-term care are informed of the spousal impoverishment reporting requirements.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 2765 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2765, having received the required constitutional majority, is declared passed. Now on the Order of House Bills, 2768. Tom Cullerton. Senator Cullerton. Senator Cullerton. Out of the record. House Bill 2771. Senator Haine. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

Pardon me, Madam President. This is a bill which is a trailer bill and it makes clear that the bill we passed last Session on reporting child abuse, mandated reporters, does not apply to 8  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 university personnel who teach and who interact, I believe. This was Representative Kay's bill and it was -- I believe, it was -- it was written so broadly that if someone was representing a client charged with -- with abuse, they would have to be a mandated reporter, and this just clarifies that would not be the case. They would not be violating their attorney-client privilege.

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

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

I -- I don't believe so. Maybe I…

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine. 9  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

I -- I don't know. I was calling it up since I don’t have a file. So I don’t know where the term "Iraq" -- maybe I'm glad I was in Vietnam and not Iraq. But the -- the bill passed last year, originated in the House, Representative Kay, and it was a -- in response to this situation at Penn State, requiring mandated reporters of -- of -- of -- of all university personnel, a very good idea. However, it was construed by some of the professors at Loyola in the ChildLaw Policy Institute that it might draw in an attorney on the -- on the faculty or working with a clinic, representing someone accused, and they could be presumed to be a mandated reporter, violating their attorney-client -- or putting them in conflict. That's all it does. And I honest to gosh don’t know what the term "Iraq" has to do with it, but…

PRESIDING OFFICER: (SENATOR LIGHTFORD) Any further discussion? Seeing none, the question is, shall House Bill 2771 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2771, having received the required constitutional majority, is declared passed. Senator Dillard, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please rise and be welcomed to the Illinois Senate. Senator Sullivan, on House Bill 2773. Out of the record. Ladies and Gentlemen of the Senate, if can please turn your Calendars, on the Order of 3rd Bills House Reading {sic}, page 14, the top of page 14. House Bill 2783. Senator Bivins. Out of the record. Senator Althoff, on House Bill 2786. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 2786 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2786, having received the required constitutional majority, is declared passed. Senator Hunter, on House Bill 2802. Senator Hunter. Out of the record. Senator Link, on House Bill 2807. Senator Link. Out of the record. Senator Steans, on House Bill 2812. Senator Steans. Out of the record. Senator Manar, on House Bill 2820. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Manar.

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 2820 provides that a Public Building Commission may rent its buildings and facilities to not-for-profit corporations and non-profit organizations or associations, as defined in the terms of the Non For Profit Corporation Act {sic} (General Not For Profit Corporation Act). Excuse me. I know of no opposition to the bill. This is a initiative of the Macon County Board. 12  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 2820 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2820, having received the required constitutional majority, is declared passed. House Bill 2822. Senator Sandoval. Senator Sandoval. Out of the record. House Bill 2830. Senator Collins. She indicates she wish to proceed. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Collins.

Thank you, Madam President and Members of the Senate. The Illinois Housing Development Authority is seeking to modernize this enabling statute to provide loan products aimed at meeting the increasing need for rental housing brought about by the foreclosure and unemployment crises. I know of no opposition. I would -- and it's House Bill 2830. I know of no opposition. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. The question is -- is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 2830 pass. All those in favor, vote Aye. Opposed, 13  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2830, having received the required constitutional majority, is declared passed. Senator Silverstein, on House Bill 2832. Senator Silverstein. Out of the record. Senator Haine, on House Bill 2839. Senator Haine. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

Madam President, Ladies and Gentlemen of the Senate, this merely allows physician's assistants to be and -- to be home health care workers under the Code. They're not currently reimbursable.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 2839 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2839, having received the required constitutional majority, is declared passed. Senator LaHood, on House Bill 2843. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator LaHood. SENATOR LaHOOD: Thank you, Madam President. House Bill 2843 is similar to a companion bill we voted on earlier here in the Senate. This bill would amend the Gambling Act and -- the Riverboat Gambling Act and also the Illinois Horse Racing Act of 1975, and pertains specifically to delinquent child support. It would require casinos and racetracks to intercept winnings for citizens or people that are on a registry of deadbeat parents. I know of no opposition. I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 2843 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2843, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, if you could please lower your voices. Please lower your voices. We're on 3rd Reading and the noise is traveling. Please lower your voices. Thank you. Senator Noland, on House Bill 2862. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.

Thank you, Madam President. This is a bill that was passed in the House, an exact replica of a bill that we passed out of the Senate here earlier this Session. It lifts a deed restriction on certain lands located in Kane County owned by the City of Elgin. The lands described by this bill are restricted to the use of -- for public educational or recreational purposes. This bill would make this restriction inapplicable to a portion of the property. It's a great bill, passed by my colleague State Representative Farnham here in the House, and I just ask you to -- for an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 2862 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2862, having received the required constitutional majority, is declared passed. Senator Mulroe, on House Bill 2893. Out of the record. Senator Harmon, on House Bill 2905. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill. Out of the record. The top of page 19, Ladies and Gentlemen of the Senate. We will continue with House Bills 3rd Reading. Senator Manar, on House Bill 2918. Senator Manar. Out of the record. Senator Biss, on House Bill 2925. Out of the record. Senator Haine, on House Bill 2962. He 16  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

Thank you, Madam President and Ladies and Gentlemen of the Senate. This is an initiative of the Insurance Department. It concerns holding company systems and it's bringing them into line with the NAIC, the insurance commissioner, Holding Company Systems Model Law. It's -- it will avoid a decertification of our Insurance Department, so they would like to get this done. The insurance companies are all for it too. It regularizes the Act. None of these things apply to any holding companies in Iraq. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is -- excuse me. Senator McCarter, did you have discussion on this legislation? Senator McCarter. SENATOR McCARTER: I do. One question of the sponsor. Senator…

PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator, there -- I -- I -- I just noted. Has anything changed in this bill since it's come over from the House? And would any of those changes have caused maybe the twenty Members 17  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 over there voting No to change their mind on this bill in any way?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

I have no idea. This bill was passed last year - I presume with a unanimous vote by this Body - went over there and got lost in the circumlocution office, and it's back. I don't know why anyone would vote against it.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: So -- so you don’t have any idea why there were so many votes against it.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.

No, Senator, I don’t have any idea. This is a regulatory measure that's an initiative of the Department of Insurance and it brings these holding company systems, the regulation of these, into the NAIC Model Systems Law. And it's supported by all insurance companies. I -- I don’t know why anyone would -- no one slipped against it.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: To -- to the bill: I -- I was just informed that the amendment that was put on here in the Senate became the bill; therefore, the -- the votes against it in the House were not pertaining to this amendment. So, that explains that. Thank you, Senator, for your 18  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 time.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Any further discussion? Seeing none, the question is, shall House Bill 2962 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 2962, having received the required constitutional majority, is declared passed. Senator Harmon, on House Bill 2977. Senator Harmon. Out of the record. Senator Silverstein, on House Bill 2992. Senator Silverstein. Out of the record. Senator Althoff, on House Bill 2996. Senator Althoff. Out of the record. Senator Martinez, on House Bill 3003. She indicates she wish to proceed. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Martinez.

…you -- thank you, Madam President. It's great to see you back there again, at the Podium, taking care of business here in the Senate so. House Bill 3003 is a recommendation of the House sponsor and it creates an eleven-member Childhood Cancer Research Board with the Illinois Department of Public Health. The members of the Board will serve one two-year term and will not be compensated. Additionally, the Board must not be reimbursed for essential expenses incurred in the performance of their duties 19  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 unless funds become available to the Board. It also outlines several functions and duties of the Board.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3003 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3003, having received the required constitutional majority, is declared passed. Senator Harris, on House Bill 3011. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harris.

Thank you, Madam President. House Bill 3011 provides that prosecution for residential arson may be commenced at any time, rather than within three years after the commission of the offense. Currently, the prosecution for straight arson and aggravated arson may be commenced at any time.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3011 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that 20  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3011, having received the required constitutional majority, is declared passed. House Bill 3023. Senator Cunningham. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cunningham.

Thank -- thank you, Madam President, Members of the Senate. As everyone knows, it's currently illegal for a registered sex offender to be in a public park or playground if children are present and to approach or try to communicate with these -- with those children. House Bill 3023 would expand that protective umbrella to include playgrounds and play lots on private property that are publicly accessible, like a McDonald's Playland for instance. This bill's an initiative of the Cook County Sheriff's Office. They had an incident in unincorporated Elk Grove Township, where a registered sex offender was hanging out in a McDonald's Playland. They received complaints from a number of parents there and -- went and consulted with the State's Attorney and the statute book and saw that there was really nothing they could do about it. This bill would correct that problem. Would be happy to answer any questions and I ask for the Chamber's support.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Van Pelt, I see your light 21  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 flashing. Is that discussion for this bill? Is there any further discussion? Seeing none, the question is, shall House Bill 3023 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3023, having received the required constitutional majority, is declared passed. Senator Van Pelt, for what purpose do you rise?

Yes, thank you, Madam President. Point of personal privilege, please.

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

I would like to introduce Jocelyn Nelson. She's fourteen years old and is in eighth grade. She attends the Infant Jesus of -- Infant Jesus of Prague in Flossmoor, Illinois. She was voted the most valuable player for her volleyball squad and she is the captain of the cheerleading squad. She will be attending Marian Catholic High School in the fall and plans to join the band and - - and also participate in other activities. She is with us for a day here, for the AKA Day. Her mother is the President of Lambda Tau Omega and she's here today. And she's actually a resident of Senator Toi Hutchinson's district, but she's a Page for me and I would like the Senate to welcome her.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please rise and be welcomed to the Illinois Senate. On the Order of House Bills 3rd Reading is House Bill 3029. Senator Cunningham. He indicates he wish to proceed. Mr. Secretary, 22  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cunningham.

Thank you, Madam President. House Bill 3029 updates State law concerning the Department of Corrections' requirement to notify local law enforcement in writing about the release of an inmate. This bill would require that notification be done via e- mail if requested by the local law enforcement agency. Be happy to answer any questions and I would appreciate the Chamber's support.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3029 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3029, having received the required constitutional majority, is declared passed. Senator Barickman, on House Bill 3038. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Barickman.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3038 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3038, having received the required constitutional majority, is declared passed. Senator Manar, on House Bill 3043. Senator Manar. Out of the record. Senator Manar. Out of the record. Senator Martinez, on House Bill 3049. Senator Martinez. She indicates she wish to proceed. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Martinez.

Thank you, Madam President, Members of the Senate. House 24  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Bill 3049 adds liaisons from the Department of Healthcare and Family Services, the Illinois State Board of Education, the Illinois State Board of Higher Education, the Illinois Community College Board, Department of Human Rights, Capital Development Board and the Department of Labor to serve as ex-officios on the Illinois Latino Family Commission. This bill also states that the Commission may receive funding from these -- from these agencies too. And I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3049 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3049, having received the required constitutional majority, is declared passed. Senator Van Pelt, for what purpose do you rise?

It was my intention to vote Yes on the bill, 3049, and I would like the record to reflect that, please. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) So noted, Senator. Senator Dillard, on House Bill 3067. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 25  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Senator Dillard.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 3067 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3067, having received the required constitutional majority, is declared passed. On the top of page 16 - on the top of page 16 -- oh! With leave of the Body, we will return to House Bill 2822. On page 14, Ladies and Gentlemen of the Senate, we will be returning, with leave of the Body, to House Bill 2822. Senator Sandoval. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sandoval. 26  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

I'd ask a favorable vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 2822 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Yea, 2 voting Nay, 0 voting Present. House Bill 2822, having received the required constitutional majority, is declared passed. The next order of business is House Bill 3122. Senator Manar, on House Bill 3122. Out of the record. Leader Radogno, on House Bill 3133. She indicates she wish to proceed. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Radogno.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3133 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 1 voting Nay, 0 voting Present. House Bill 3133, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to House Bill 3122 on page 16. House Bill 3122. Senator Manar. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Manar.

Thank you, Madam President. House Bill 3122 orders transfers from specific funds to the Audit Expense Fund. This is an annual function that we perform in the Legislative Branch to allow the Auditor General to complete the annual audits that are prescribed for by law. I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 28  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Is there any discussion? Seeing none, the question is, shall House Bill 3122 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3122, having received the required constitutional majority, is declared passed. Senator Radogno, on House Bill 3133 -- excuse me. Senator Jacobs. Senator Jacobs, on House Bill 3190. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Jacobs.

Thank you, Madam Chairman {sic}. This is a bill that passed the Illinois House a 110 to 0. It amends, then requires Department of Public Health to adopt a rule regulating {sic} students to receive immunization containing meningococcal meningitis {sic}. And as people know, meningitis is a deadly form and, within hours of getting it, people -- people can die. In the United States, there are four thousand cases of meningitis, including five hundred deaths in the last four years. Between a hundred and a hundred and hundred twenty-five cases of meningeal disease occur on college campuses and this will really lower that. And, unfortunately, we've learned recently that there was a young Chicago boy, a couple days ago, that died from -- from just this, and this vaccine could 29  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 have saved his life. So I just ask for a positive vote.

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

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

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

Just ask for your positive support. And I want to thank you, Senator, for making a -- a bill better. I appreciate your help.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 3190 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Yea, 0 voting Nay, 1 voting Present. House Bill 3190, having received the required constitutional majority, is declared passed. Now on the Order of 3rd Reading, House Bill 3191. Senator Kotowski. He indicates he wish to proceed. Mr. Secretary, please read the 30  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Kotowski.

Thank you very much, Madam President. House Bill 3191 passed out of committee on the agreed bill list. It amends the University of Illinois Hospital Act, the Nursing Home Care Act, and the ID/DD Community Care Act to essentially require the adoption of influenza and pneumonia immunization policies in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. Simply ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3191 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Yea, 1 voting Nay, 0 voting Present. House Bill 3191, having received the required constitutional majority, is declared passed. Senator Hutchinson, on House Bill 3199. Senator Hutchinson. Out of the record. Senator Righter, on House Bill 3207. Senator Righter. Senator Righter. Out of the record. Senator Frerichs, on House Bill 3223. Senator Frerichs. Out of the record. Senator LaHood, on House Bill 3233. He indicates he wish to proceed. Mr. Secretary, please read the 31  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator LaHood. SENATOR LaHOOD: Thank you, Madam President. House Bill 3233 amends the Fire Protection District Act and allows a fire protection district to propose, by referendum, a special increase in their levy not to exceed .40 percent of the value of taxable property. And this would be for ambulance services in fire protection districts. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3233 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Yea, 1 voting Nay, 0 voting Present. House Bill 3233, having received the required constitutional majority, is declared passed. Senator Martinez, on House Bill 3243. Senator Martinez. Out of the record. Senator Manar, on House Bill 3255. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Manar.

Thank you, Madam President. House Bill 3255 gives local authorities and principal law enforcement officers the right to prohibit a portion of a planned parade route that involves crossing active railroad tracks. The bill makes a few other changes to the Illinois Public Demonstration {sic} (Demonstrations) Law. This comes from the United Transportation Union as a result of a -- a pretty horrific accident that happened in Texas several years ago. I know of no opposition to the bill and be happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3255 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3255, having received the required constitutional majority, is declared passed. Senator Hastings, on House Bill 3260. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hastings.

33  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 …you -- thank you, Madam President. House Bill 3260 requires that all State-owned vehicles driven less than seven thousand miles in fiscal year 2010, as found in the performance audit of the State vehicle fleet, will be sold as surplus property and the proceeds will go into the State Surplus Property Revolving Fund and the IDOT Road Fund. CMS has the option to recycle these lower mileage vehicles back into the fleet versus selling them. And the bill does not apply to police, emergency, public universities, heavy equipment and snow removal vehicles. And I just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3260 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3260, having received the required constitutional majority, is declared passed. Senator Hunter, on House Bill 3267. She indicates she wish to proceed. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Thank you, Madam President. House Bill 3267 grants the -- grants IDOT the power to enter into agreements to make low-interest 34  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 loans to disadvantaged business enterprises certified by the Department for participation on Department-procured construction and construction-related contracts. Many disadvantaged businesses basically lack the financing or the ability to obtain capital, equipment, financing and working capital, and et cetera. Their ability {sic} to obtain lines of credit severely hinders them from becoming prime contractors and obtaining a bond. So what this bill -- legislation would do is to create a Working Capital Loan Revolving Fund {sic} (Working Capital Revolving Loan Fund). And I would ask for an Aye vote.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates she will yield. Senator McCarter. SENATOR McCARTER: Senator, I think we've had this -- we've had this discussion before. How -- how many other times has this bill -- or have you or somebody else presented this bill and what has been -- what's happened to those bills in the past? If you could explain that, please. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

I presented this bill in this Chamber last year and it passed out of this Chamber and it got held up over in the House because there were some issues with -- well, there was opposition with the 35  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Road Builders. And we worked over the winter and the Road Builders are now in -- agreement with this bill and it is an agreed-upon bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: Will there -- the -- the loans that are being made, will there be interest charged on these loans? If so, how much?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Yes, there will be interest loans -- interest placed on the loans, but it's based upon the interest rates of the Treasurer's -- I think it's the Treasurer's Office.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: To the bill: I -- I agree, Senator, that you -- you have worked on this very hard. I -- I think you've made it better than what it was before. I think it had a number of opportunities for abuse before. But it -- it appears that you have got a consensus from the Road Builders, so I -- there's probably -- I -- I do believe there's probably a better way of doing business than this, but I agree that it's better than the previous bill that was submitted. Thank you.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates she will yield. Senator Murphy.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Yes, Senator Murphy, that is my understanding, and also I will be working with IDOT, upon the Governor signing this bill into law, so that JCAR is going to work with IDOT to craft the actual rules of this legislation.

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

Thank you, Madam President. To the bill. 37  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

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

I just wanted to stand and commend the sponsor on working on this for as long as she did. This is one of those topics that was very difficult when she first introduced it, but she keeps introducing it and keeps introducing it and keeps working on it and finally got some -- some agreement between groups, who don’t normally always agree. That's a hallmark of a good bill. So I would just urge an Aye vote and want to take in -- say thank you to the sponsor for all of her work.

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

This -- this legislation, Madam President, is ground- breaking. It's earth-shaking. No one has ever put together a program such as this in this State, maybe even the country. I'm not sure. But I'd like to thank, particularly, IDOT for working beyond the call of duty, especially Samantha Fields, their Legislative Director, as well as the Road Builders, because the Road Builders rolled up their sleeves and they sat down with us, and -- and lots and lots and lots of negotiations and hours went into the negotiation, and I'd like to thank them very much.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is -- the question is, shall House Bill 3267 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 46 voting Yea, 8 voting Nay, 0 voting Present. House Bill 3267, having 38  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 received the required constitutional majority, is declared passed. House Bill 3270. Senator Martinez. House Bill 3270. Senator Martinez. Out of the record. Please turn your Calendars to the top of page 17, House Bill 3rd Reading -- House Bills 3rd Reading. 3272. Senator Althoff. She indicates she wish to proceed. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3272 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3272, having received the required constitutional majority, is declared passed. Senator Bush, for what purpose do you rise? 39  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

Excuse me, Madam President. I had intended to vote Yes on that, if I could. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The record will so reflect. House Bill 3300. Senator Biss. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Biss.

Thank you, Madam President and Members of the Senate. Here -- here's the problem that House Bill 3300 is -- is seeking to address. Imagine you're in a situation where you're unsafe in your home because of a -- for instance, an -- an instance of domestic abuse. And you know that if you're going to go seek medical assistance - let's suppose that your insurance is covered by a -- a policy that's held by the abuser - then the claim would be mailed to the abuser and that -- that avoids any confidentiality and can be a very severe disincentive from seeking help and seeking treatment. So what this bill does is it simply enables a victim in that situation to direct the insurance company to send claims to another address or another party, and we believe this will substantially enhance the opportunity of victims of abuse to seek medical assistance. I know of no opposition and I encourage an Aye vote. 40  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3300 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3300, having received the required constitutional majority, is declared passed. House Bill 3346. Senator Althoff. Out of the record. Senator Dillard, on House Bill 3359. Out of the record. Tom Cullerton. T. Cullerton, on House Bill 3367. Out of the record. Senator Cunningham, on House Bill 3370. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cunningham.

Thank you, Madam President, Members of the Senate. House Bill 3370 is an initiative of the Chicago Metropolitan Water Reclamation District. And it is a carbon copy of Senate Bill 2155, which we passed out of here unanimously back in April. Just to recap, it would allow the district to expand the use of a statutorily created reserve fund to cover various legal expenses. For instance, right now, they can’t use this fund to pay for damages to district property if the damages are over ten thousand dollars. This would allow them to do that. It's also important to point out that this proposal would in no way change the 41  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 district's taxing authority. Be happy to answer any questions and I ask for the Chamber's support.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3370 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3370, having received the required constitutional majority, is declared passed. Senator Martinez, on House Bill 3379. Senator Martinez. Out of the record. Senator Cunningham, on House Bill 3388. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cunningham.

Thank you, Madam President, Members of the Senate. House Bill 3388 is an initiative of the Cook County Sheriff's Office and it will require the Illinois Law Enforcement Trainings {sic} (Training Standards) Board to develop a program that police departments can use to train their officers on how to identify and respond to incidences of animal fighting. Be happy to answer any questions and I would appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall 42  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 House Bill 3388 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. House Bill 3388, having received the required constitutional majority, is declared passed. Senator Mulroe, on House Bill 3390. Senator Mulroe. Senator Mulroe. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Out of the record. Ladies and Gentlemen of the Senate, we will be returning our Calendars to the top of the Order, on House Bill 1. Please reflect on page 5 to House Bill 1. Senator Haine, on House Bill 1. Senator Haine. Out of the record. Senator Sullivan, on House Bill 3. Out of the record. Senator Martinez, on House Bill 61. Out of the record. Senator Holmes, on House Bill 83. She indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes.

Thank you so much, Madam President. Basically what we're 43  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 doing is amending the Humane Care for Animals Act and we are providing certain requirements for an owner to tether their dog outdoors. This is very similar to a piece of legislation I had passed a couple years ago after much negotiation with the Farm Bureau and the Federation of Dog Club Owners {sic} (Clubs and Owners). And it passed now in the House on a bipartisan roll and we've brought it back to the Senate, and we've sort of loosened up a little of our requirements on our tethering bill. But I would urge an Aye vote. It's basically for the humane treatment of dogs.

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

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes.

Yes, the -- the minimum - you had mentioned maximum - it's 44  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 actually the minimum length of the -- the tether has to be ten feet. So, yes, I do say, there's probably a few cases where that would be a hardship, where people would be better served actually leashing their dog and walking their dog so the dog can get appropriate exercise.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes.

It -- it is actually a ten-foot minimum.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes.

That is a violation. It's a Class B misdemeanor. I -- I mean, I -- I would submit that most people who have pets try to have pets with the appropriate room for them to get the exercise they need, and that certainly does not prohibit somebody from leashing their dog and going running or walking it. I mean, this is basically for the welfare of keeping the animal healthy and it's -- also, has a psychological benefit. Animals don’t do well that are kept tethered on short leashes. They become aggressive.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes.

This essentially is -- is an initiative of the Humane Society, so this is an issue that, yes, they certainly have studied. And I have here in their report, talking about continual confinement makes dogs extremely frustrated, leading to increased desire to 46  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 chase and bite.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes.

Certainly would be happy to, Senator. We're talking about the benefit of anti-tethering laws, because they're talking about continual confinement makes dogs extremely frustrated, leading to an increased desire to chase and to bite. In addition, certain dogs become territorial over their space and will act aggressively.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes.

There -- there is something in here talking about that the animal should be tethered with a properly fitting harness or collar other than the lead or a pinch, prong, or choke-type collar. So, yes, we are addressing having an adequate right-size and humane collar on the dog.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator Righter. Thank you so much, Senator. Is there any further discussion? Seeing none, the question is, shall House Bill 83 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 43 voting Yea, 9 voting Nay, 0 voting Present. House Bill 83, having received the required constitutional majority, is declared passed. Senator Sullivan in the Chair.

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, will all members of the Committee on Assignments please come to the President's Anteroom? All members of the Committee on Assignments please come to the President's Anteroom immediately. The Senate stands at ease. (at ease) The Senate will come to order. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, if I could have your attention for an announcement. The following committees will be meeting to take up Floor -- Floor amendments, and this is in addition to items that were previously posted. This afternoon: Executive Committee will meet in Room 212 at 3 p.m.; Transportation will meet in Room 212 at 5 p.m. Those are today. Tomorrow: Local Government will meet in Room 212 at 9 a.m.; Criminal Law will meet in Room 409 at 9 a.m.; Labor and Commerce will meet in Room 212 at 9:30 a.m. tomorrow morning; and Licensed Activities and Pensions will meet in Room 400 tomorrow at 11 a.m. Again, those are in addition -- in addition to items that were previously posted. Ladies and -- Ladies and Gentlemen, continuing where we left off 49  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 on the Calendar. We're on page 5, on the Order of House Bills 3rd Reading. We have House Bill 84. Senator Althoff. Out of the record. House Bill 116. Senator Biss. Out of the record. House Bill 140. Senator Duffy. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Duffy.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 140 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 140, having received the required constitutional majority, is declared passed. Next up on the Calendar is House Bill 163. Senator Link. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Thank you, Mr. President. House Bill 163 adds additional requirements for construction for new telecommunications towers that are not an -- AM telecommunications towers in Lake County. Under House Bill 163, telecommunication carriers must provide the county with documentation significantly {sic} (sufficiently) describing the positions and -- location, site plans, and elevation of the tower. This only pertains to Lake County, only.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 163 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 163, having received the required constitutional majority, is declared passed. Next up, we have House Bill 167. Senator Link. Mr. Secretary read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link. 51  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

Thank you, Mr. President. This bill creates the Prince Hall Freemasonry special license plate. Know of no opposition to the bill. Be more than happy to answer questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 167 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 50 voting Aye, 5 voting Nay, 0 voting Present. House Bill 167, having received the required constitutional majority, is declared passed. With leave of the Body, we'll skip over 183 and go to House Bill 188. Leader Radogno. Senator Radogno. Out of the record. Let's turn to the top of page 6 of the printed Calendar. Still on the Order of House Bills 3rd Reading, we have House Bill 192. Senator Morrison. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison.

Thank you, Mr. President. This bill deals directly with Township School District 113, Highland Park and Deerfield high schools. The communities passed a referendum in April for eighty- nine million dollars. This asks permission to extend from twenty 52  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 to twenty-five years the length of the bond. I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 192 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 49 voting Aye, 5 voting Nay, 0 voting Present. House Bill 192, having received the required constitutional majority, is declared passed. Next up is House Bill 194. Leader Clayborne. Senator Clayborne, on 194. Out of the record. House Bill 198. Senator Althoff. Out of the record. House Bill 226. Senator Link, on 226. Out of the record. Next up, we have House Bill 438. Senator Forby. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Forby.

Thank you, Mr. Chairman {sic}. This bill is an initiative for a county in my district, Hamilton County. In 1981, they passed a referendum to -- for an ambulance service. They done it for two years. They collected about three hundred thousand dollars. Since then, they've had their ambulance service contracted out and what -- they've got this money on hand and now they want to put a 9-1- 1 service in the county. So what they want to do is go back to 53  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 the county and let the people have a -- a vote on it, see if they can put -- use this money for 9-1-1. So, this does not raise any taxes or fees, but it goes back to the people. It's their money; let 'em do what they want to do.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 438 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 438, having received the required constitutional majority, is declared passed. With leave of the Body, Mr. Secretary, let's return to House Bill 226. There it is up on the board. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Thank you, Mr. President. House Bill 226 allows seventeen- year-olds to register for and vote in a primary election if such individual will be eighteen on the date of the following general election. I know of no opposition to the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Righter, for what purpose do you rise? 54  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

No, we're not reducing it. What we're doing is -- and many, many moons ago, it was twenty-one at the time, and my birthday's in March, and it happened to be the primary was two days before my twenty-first birthday and I couldn’t vote in the primary, but I was eligible to vote in the general election. So what we're doing is saying these individuals have to be eighteen by the November election to be able to vote at seventeen in the primary.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

It -- it's very clear, and I think that's why a lot of us encourage people to vote for -- in primaries, is because those will be the individuals that will be on the ballot in November. I think this gives them that opportunity to make sure that the person they want to support is -- have -- they have a right to vote for 'em in the primary.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

The distinction is, is that these individuals are well informed of what's going on. They want to make sure that the right people are elected in that November election, which would be -- which normally would be their first critical election. But that they should have an opportunity to make sure the correct people are able to be in to the November election - that's why I feel this is important. 56  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

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

I -- I -- you know, I liked the -- the questions that were asked about this, but this is extremely important. I remember a number of years ago when we lowered it from twenty-one to eighteen. There probably was the same types of debate on the Floor and it's 57  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 been a successful endeavor to lower it to eighteen. We're not lowering this; that person still has to be eighteen by the general election. But I think they should have the opportunity to vote for the people that will represent them in the general election. I think this is a positive step forward to getting more voter participation and I would ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall House Bill 226 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 43 voting Aye, 9 voting Nay, 0 voting Present. House Bill 226, having received the required constitutional majority, is declared passed. Going back to where we left off on the Calendar, we have House Bill -- Senator Hutchinson, for what purpose do you rise?

Thank you, Mr. President. Point of personal privilege.

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

Thank you. I just wanted to take this opportunity to announce - and they're passing around these fliers right now - that our COWL production is tonight. The Conference of Women Legislators presents Capitol Capers. This is our biannual -- this is the big show, you guys, the big show. So, the money will -- raised goes to scholarships. We'd love to see everybody there. Starts at 6 o'clock at the Crowne Plaza. 7 o'clock is when the -- the performances begin. Formal Oscar attire is optional, if you would 58  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 like to join us on the red carpet. So I'm just inviting everybody out to come have a really good time for a very good cause and we can't wait to entertain you. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, House Bill 494. Page 6 of the printed Calendar. Senator Bertino-Tarrant. Out of the record. House Bill 630. Senator Holmes. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Thank you so much, Mr. President. House Bill 630 sets forth the permitted uses of homemade brewed beverages, such as beer, inside and outside of the home brewer's residence, including exhibitions, demonstrations, and competitions. It sets forth reasonable restrictions for such events. Basically what we're doing is, is saying that this beer can be offered at events and at exhibitions and it is not for sale. I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 630 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 -- 54 voting Aye, 0 voting Nay, 0 voting 59  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Present. House Bill 630, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, Mr. Secretary, let's return to House Bill 194. There it is on the board. Leader Clayborne. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

Thank you, Mr. President. House Bill 194 creates the Lincoln Promise Zone Act, which is a four-year pilot program that allows the city councils of Rockford, Aurora, and East St. Louis to create a promise zone. The Act provides that these promise zones must raise sufficient funding from private - private - sources to provide each student who lives within the promise zone and graduates from a public school -- high school within the promise zone with the tuition necessary to obtain an associate's degree from local community colleges. The other benefit of this, other than just providing or assisting with a -- a college education, is that there's a study that shows that this allows -- or encourages businesses to move into these areas so their employees can take advantage of -- of these opportunities. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? Senator McCarter, for what purpose do you rise? 60  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 SENATOR McCARTER: Questions of the sponsor, please.

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield for a question. Senator McCarter. SENATOR McCARTER: Senator, what -- is there anything that prohibits corporations from giving sponsorships to these same young people in the same area that this bill applies to?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

No.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: What kinds of requirements -- or what kind of -- what kind of requirements will there be for them to qualify for these -- these scholarships?

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Clayborne.

Those will be determined by each local board that's created within these three municipalities.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: Now, there are other organizations within the same communities that do the same thing right now. I -- I would think that even the universities themselves would have scholarship 61  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 programs set aside that are endowed by corporations. Is that not true?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne.

In -- in some instances, that may be true. But as I said earlier in my presentation, Senator McCarter, hopefully -- and -- and at least in East St. Louis, their -- on -- their school district on average is losing two hundred and fifty to three hundred students a year, and we're hoping that providing this incentive - and I'm not aware of one in East St. Louis - but providing this incentive would hopefully encourage those students and those parents to stay in that community.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: To the bill: Ladies and Gentlemen, I -- I think -- I think we all want to help youth and -- and I'm committed just as much as anybody else to help youth and give 'em opportunities. I'm not sure that this is the way to keep people or to attract people into a community struggling like the ones we're talking about here. I -- I -- I think this is -- we're duplicating opportunities that are already out there. I'm just not sure with all the priorities and all the decisions we have to make as far as priorities and where we spend our time and what legislation we pass, not really sure this should be on the top of our list. That's all. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Ladies and Gentlemen, the 62  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 question is, shall House Bill 194 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 51 voting Aye, 4 voting Nay, 0 voting Present. House Bill 194, having received the required constitutional majority, is declared passed. Back to where we left off on the Calendar, we should have House Bill 772. Senator Silverstein. Out of the record. House Bill 774. Senator Hutchinson. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.

Thank you, Mr. President, Members of the Body. House Bill 774 adds vehicles of the Department of Transportation identified as Emergency Traffic Control {sic} (Patrol) to the list of authorized emergency vehicle. The bill also adds these IDOT vehicles to the list of vehicles that are allowed to use red or white oscillating lights. The bill specifies that the lights shall only be activated when responding to an emergency call or when parked or stationary while engaged in motor vehicle assistance or at the scene of an emergency. Happy to answer any questions. Would ask for your support.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 774 pass. All those 63  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 774, having received the required constitutional majority, is declared passed. House Bill 804. Senator Silverstein. Out of the record. House Bill 827. Senator Kotowski, on 827. Out of the record. House Bill 923. Senator Noland. On 923, Senator Noland. Out of the record. House Bill 948. Senator Haine, on 948. Out of the record. House Bill 962. Senator Connelly. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Connelly.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 962 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. 64  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 962, having received the required constitutional majority, is declared passed. At the bottom of page 6 is House Bill 973. Senator Bertino-Tarrant. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bertino-Tarrant.

Thank you, Mr. President. House Bill 973 is a request by local -- by local government. Current law limits the delivery and sale of alcoholic liquors in buildings owned by fire protection districts to maximum of six fundraiser events per year. This removes this limitation for one specific building owned by the Oswego Fire Protection District as long as the property is no longer being utilized for fire protection purposes and the alcohol is being sold as approved by the Oswego Fire Protection District. I know of no opposition.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 973 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. House Bill 973, having received the required constitutional majority, is 65  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 declared passed. Ladies and Gentlemen, let's turn to the top of page 7 of your printed Calendar, still on the Order of House Bills 3rd Reading, is House Bill 981. Senator Collins. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 981 is an initiative of the Illinois Department of Insurance. It amends the Insurance Code by increasing the size of the Illinois Insurance Guaranty Fund from nine to ten members. The newly added member will be appointed by the Director of the Department of Insurance and must be a resident of the State and either a licensed certified public accountant in the State or have earned the Chartered Property and Casualty Underwriter designation from the American Institute for Chartered Property Casualty Underwriters. I know of no opposition and I ask for affirmative vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 981 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting 66  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Present. House Bill 981, having received the required constitutional majority, is declared passed. House Bill 984. Senator Martinez. Out of the record. House Bill 989. Senator Righter. Out of the record. House Bill 1013. Senator Harmon. Mr. Secretary, please -- read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1013 is an initiative of the Secretary of State. It establishes the guidelines pursuant to which the Secretary may issue or refuse to issue an apostille. An apostille is a -- a certification used to validate the source of a document in countries participating in the -- the Hague Convention. It's -- it's essentially a way to -- to certify State-issued documents in international travel. And it's been abused by some folks seeking to start their own countries. So, I'd ask for your -- your -- your -- your -- your Aye votes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 1013 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. 67  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 House Bill 1013, having received the required constitutional majority, is declared passed. Next up on the Calendar is House Bill 1045. Senator Holmes. Out of the record. House Bill 1070. Senator Koehler. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.

Thank you, Mr. President, Members of the Senate. House Bill 1070 amends the General Not For Profit Corporation Act to allow cooperatives that own and operate agricultural-based biogas anaerobic digesters to organize as a not-for-profit. Under this bill, these -- cooperatives may market and sell biogas systems products, including methane gas, electricity, and compost. I know of no opponents and I'd appreciate support.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 1070 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1070, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we are going to go to the Order of Senate Bills 3rd Reading. If you'll turn to page 3 of the printed Calendar, in the middle of the page, we have 68  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Senate Bill 628. Again, we're on Senate Bills 3rd Reading, page 3 of your printed Calendar. Senate Bill 628. Senator Steans, do you wish to proceed? Senator Steans seeks leave of the Body to return Senate Bill 628 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, we have Senate Bill 628. Mr. Secretary, are there any Floor amendments approved for consideration?

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

Yes, thank you, Mr. President, Members of the Senate. Floor Amendment 1 deletes all, becomes the bill. I'll explain it on 3rd.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 628. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Thank you, Mr. President, Members of the Senate. Senate Bill 628 is an agreed-bill worked out between the Illinois Hospital Association and the Illinois Department of Public Health. Reflects a commitment to implement -- to provide, really, for patient safety and quality in Illinois. Does a couple of things. First time it imposes a modest annual license fee on hospitals in Illinois and devotes the resources generated to the hospital patient safety and quality work of the Illinois Department of Public Health. The patient safety and quality programs will be developed in collaboration with the IHA. With the resources provided in the bill, DPH will be able to implement for the first time the Adverse Health Care Event {sic} (Events) Reporting Law that was adopted in 2005. Though we're one of the first states to adopt it, we haven’t been able to implement it because it's not been funded. Both Public Health and IHA see this reporting as important to improving patient safety and quality in the State and want to move forward with the implementation, which is why they came together and agreed to this modest fee. In addition, IDPH will be able to implement other patient safety and quality programs by doing inspections and following up on complaints that it's not able to do right now. Finally, this bill also enables specialty hospitals to eliminate their emergency service departments, but, again, this is just specialty hospitals, who right now generally have just sort of perfunctory emergency department capabilities, and there are other hospitals that are providing emergency care in the communities that have these specialty hospitals. I would encourage an Aye 70  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 vote.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield for a question. Senator Barickman.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Yes, just the specialty hospitals. There are about ten of them in this State. It's just permissive. They would not have to, but they would be allowed to. And these are all areas that have coverage by other more traditional hospitals in the communities.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

71  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Okay, so the hospitals here -- it's just specialty hospitals here that would have the ability to do it or not. So they're like psychiatric hospitals or long-term care kind of facilities. They're not your traditional hospital. If they determine that they don’t want to provide that emergency department, they would take the word "hospital" out of their name, so it doesn’t confuse anybody, and they would still have to be subject to provisions to ensure that there's emergency care provided in the community before they could do that.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Yes, the fifty -- it's going to be fifty-five dollar per licensed hospital bed per year. So, you know, we expect that for small rural hospitals that's a total less than about fifteen hundred dollars. For the largest -- very largest hospital in the State, it'd be around fifty thousand. Believe it's about two million dollars that this will be generating. Over half of this goes to implement the adverse reporting health care that we had passed in 2005 and the rest of it will enable the Department to follow up on complaints and do annual reviews of the hospitals, 72  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 which aren't currently being conducted.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Yeah, a great question. And that's absolutely correct. So an adverse event or a never-should-happen event is like, by accident, say, the wrong leg getting amputated in a surgery. These are things that should never occur. Unfortunately, stuff like that does happen. Right now, the way the system is set up, it needs to get reported through the regulatory side of IDPH and, thus, there's liability and all sorts of concerns. What we're able to do here - and this is really best practice and a number of other states have been doing it - is keep it out of the regulatory environment, where you can share the information among hospitals so there can be learning and developing new protocols so that these never -- should-never-occur events never, in fact, happen again. And that's why the, you know, IDPH and the Hospital Association 73  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 have come together, wanting us to move forward with this.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Another good question. I'm glad you're getting that clarification. I think it's important. They can’t do this on their own, the hospitals, 'cause it's information that they cannot share between themselves. It has to be done through IDPH to be able to share that information.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

It goes through following up, and it'll be worked out with IHA as well, but it -- it goes through following up. Right now, 74  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 there's complaints that will come in from patients or, you know, loved ones of patients in hospitals, and they're -- the IDPH has no staff to be able to follow up on any of those complaints. There's also rules that the Illinois State Legislature and the Governor have put into place around hospitals that we do not actually have any surveys against. We, right now, only have -- IDPH can only do surveys that are done through federally -- federal resources. So this enables IDPH to ensure that we're following up on other State issues and complaints that we're getting.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield for a question. Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

There are events which are adverse events, that are never- should-happen events, and they -- we do, in fact -- the -- the IHA and the Department would like to create a system to be able to share the knowledge learned from these never events {sic} with other hospitals so that protocols and procedures can be put in place to ensure they never happen again.

PRESIDING OFFICER: (SENATOR SULLIVAN) 76  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Right, so that the -- information, so they can go and get investigated what -- led to the causes for these events and those learnings can get shared across the hospitals in Illinois so that no other hospitals would make those same mistakes. That is what this will help with.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

It's not allowing them to close. It's just allowing them to eliminate their emergency departments, and they're not allowed to just eliminate those emergency departments now without going 77  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 through, I think, the Certificate of Need process, but I'm not sure about that -- the process on that. But this would allow them to just eliminate their emergency departments and that's all. These are specialty care kinds of hospitals, or the LTACs.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

There's two kinds. There's psychiatric hospitals and there's the long-term care acute hospitals, so it's long-term rehab. So these aren't traditional hospitals that are really set up to do the emergency services. And every -- and every community where there is one of these two types of facilities, there are other traditional hospitals that do have the emergency care. So we're not talking about a traditional hospital. We're talking about just those two versions of the hospitals.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

It would go to implement other patient safety and quality programs, including following up and investigating complaints that IDPH receives but doesn’t have resources to follow up on and to do some more annual surveys that they do not have the ability to do.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Well, just, you know, if they're going in, they -- right now they don’t have the resources to go in and do an investigation on a hospital around State requirements, only federal requirements. So they can also have a program in place now to go in and see whether the hospitals are living -- like, for example, we have MRSA laws that the State has done that aren't federal requirements, to make sure they have proper procedures in place to keep MRSA from spreading within a hospital environment. That would be one example. And it will really be, though, to follow up on complaints that are being lodged against particular hospitals that they can’t follow up on right now.

PRESIDING OFFICER: (SENATOR SULLIVAN) 79  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Senator Righter.

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

You know, this is an agreed-to bill. I just want to point that out. The IHA and DPH are in agreement on it. They just recently came to agreement, so they may not have had time to share 80  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 that agreement. I would say, one of the previous speakers noted that his hospital had not come and spoken to him about it yet. That CEO is on the Executive Board of the IHA and spoke out on behalf of this bill and totally supports it. I would urge your Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall Senate Bill 628 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 36 voting Aye, 19 voting Nay, 0 voting Present. Senate Bill 628, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, if you'll turn to the middle of page -- Senator Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter has requested a verification. Will all Members please be in their seats? The Secretary will read the affirmative votes.

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

Thank you, Mr. President. I want to be recorded as voting Yes on that bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so indicate your intent. Senator Righter, do you question the presence of any Member voting in the affirmative?

PRESIDING OFFICER: (SENATOR SULLIVAN) On a verified roll call, there are 36 voting Aye, 19 voting Nay, 0 voting Present. Having received the required constitutional majority, Senate Bill 628 is declared passed. Ladies and Gentlemen, if you'll turn to the middle of page 4 of the printed Calendar. Again, we're on the Order of Senate Bills 3rd Reading. We have Senate Bill 1912. Senator Raoul. Mr. Secretary, please read the bill. Senator Raoul seeks leave of the Body to return Senate Bill 1912 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1912. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul, on Floor Amendment 4.

Thank you, Mr. President. Senate Amendment 4 deletes all and 82  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 becomes the bill. I'll explain it on 3rd.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1912. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1912 amends the Code of Civil Procedure regarding settlements in certain actions for money damages. It provides that a settling defendant must tender a release to the plaintiff within fourteen days of any agreement to settle, which the plaintiff must execute and return to the defendant, together with any court approval of the settlement, if required. The settling defendant must then pay all sums due under the settlement agreement within twenty-one days after the plaintiff returns the executed release. Failure to pay within twenty-one days results in interest being added to the settlement amount, calculated from the day the 83  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 plaintiff returned the executed release. Senate Amendment 4 clarifies additional procedures for cases involving third-party lienholders or subrogation interests, such as Medicare and Medicaid. And it -- and it also exempts settlements in the cases involving local governments and cases brought against the State, State agencies, State employees, or foster parents who are represented by the State.

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

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield for a question. Senator Barickman.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

I would be very happy to. I think it's necessary because when two parties agree to a settlement and -- and they have to agree to a settlement. That's inherent in -- in what settlement means - the parties are agreeing. And there's an expectation that at that point, this is what's being done to resolve the case, and within that settlement, there often is a -- a amount that's to be paid to resolve the case. So nobody's forcing, in this bill, anybody to agree to that settlement, but once you do, there's no reason for -- for -- for that aggrieved party to -- to be -- be left waiting and waiting for that settlement payment. Just -- currently, if a case were to go to trial and there were a judgment pursuant to that trial, that same defendant, who, in this case, with settlement, would have to pay interest if they -- if they don’t promptly make the payment pursuant to that -- that judgment.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman. 86  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

We -- we are not preventing parties to otherwise agree on a different time, but, currently, when you have settlements, you -- oftentimes you don’t have that time frame. Right? And there's an expectation that there -- there -- there would be prompt payment of that settlement. I, personally, have represented clients in this situation. Then you have somebody who's in house who just goes on to the next case and leaves that paperwork on their desk, while that aggrieved party is still waiting for that payment, and there's nothing to compel that person to pay in -- in prompt manner, as there would be if that case went to full trial and there would be a judgment. It is a policy that we've embraced right now. In such cases, there -- there'd -- there'd be interest.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

There was plenty discussion, and -- and I -- I should -- I should note that this is Amendment 4. It's Amendment 4 because there was a -- a -- a -- a lot of discussion amongst -- amongst stakeholders. And I would say, as you know, many of the time requirements that -- that we have in -- in law today are -- are - - are not any sort of scientifically precise determinations. If you want to call them arbitrary, you can call them arbitrary, but it doesn't make sense for an aggrieved party, where there has been a settlement, to have to wait beyond that period of time.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.

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

Thank -- thank you, Mr. President. I really had no intention of speaking on this bill, but my -- name being raised, I thought I'd say something. Senator, does this bill help trial lawyers?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

This bill helps victims who have entered into an agreement with -- with the people that they've brought civil action against. It helps them make sure that that agreement is honored. That’s what this bill is about. This bill doesn’t force anybody to enter into agreement, but once you have entered into that agreement, you should honor it. And that should be the -- the policy of the State of Illinois, that we force people to honor what they voluntarily agree to.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs.

Sort of following up the question, do you think the bill overreaches a little bit?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

No.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jacobs. 90  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

Well, I noticed that my friend across the aisle wondered where I stood on the issue. And I was not going to speak against your bill and I really won't speak against it other than to say it's a bad bill. I'm going to vote against the bill because I do think it overreaches. And I'd like to point out to the Senator across the aisle that I hope this shows a spirit of cooperation and compromise, the same kind of spirit and cooperation and compromise when you helped our fellow colleague, Barack Obama, become President of the United States.

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

Always like following Senator Jacobs, Mr. President. Will the sponsor yield for a question?

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

Thank you, Mr. President. Senator, I -- I confess, I was very confused in committee by the arguments offered by the opponents to your bill. I'm -- I'm confused here on the Floor by the -- the statements in opposition. One of the prior speakers suggested that the State of Illinois would be subject to these provisions. As I read the bill, it very clearly exempts actions against the State. Is that your intent?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

91  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Yes. It was brought up in committee and I made clear that I would make sure that it was clear what -- the intent of this is to exempt the State of Illinois, as well as local municipalities.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Thank you, Mr. President. Senator, it also came out very clearly in testimony in committee that there is absolutely nothing that litigating parties can do today to settle a lawsuit that could not be done were this bill to become law. We are in no way constraining the ability of litigating parties to settle a case on whatever terms they see fit. Is that fair?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

That is correct.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.

Thank you, Mr. President. Senator, the problem is, as you explained it in committee, is one that you have encountered in your own practice. The -- the problem today is that there are no teeth in the law governing the payment of settlements. And I think you explained it best, that there are parties who will sign a settlement agreement and then refuse to deliver the check in satisfaction of that settlement. Is that the problem that you're trying to solve?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul. 92  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013

That is indeed the problem we're trying to solve. While -- while there is some teeth if you go to full trial that -- that -- that could impose interest on -- on a judgment, the same teeth don’t exist when parties have voluntarily - voluntarily, I stress - entered into the settlement agreement.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Thank you, Mr. President. One last question for the sponsor and then I'd like to speak to the bill briefly. Senator, is there anything in this bill that would force parties into settlement or permit one party to unilaterally settle with the other?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

Nothing at all.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Thank you, Mr. President, and thank you for your answers, Senator Raoul. I stand in support of this bill. There's been much dust-kicking about what this bill does and what it really doesn't. Some of the speakers have danced around it. But all this bill does is that it changes the -- the default rule. It changes the baseline from which parties negotiate settlements. It says, essentially, if you don’t negotiate terms that cover the payment of the settlement, you're going to default to this statute, which, as some of the prior speakers mentioned, does shift the 93  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 balance, but today the balance goes the other way. Parties can continue to negotiate settlement agreements that are satisfactory to them, including the terms under which the settlement will be paid and when. I guarantee that there are multiple lawyers involved in representing companies like Caterpillar and John Deere. They are not settling cases with a handshake on the courthouse steps. They are exchanging long documents, which provide all sorts of terms and conditions for the settlement. There is no way in the world that this bill would impact any of those settlements. But one concern that was raised was one that I think Senator Haine raised and that was the -- the settlement on the courthouse steps by a handshake. I don't think that this bill necessarily disrupts those. I think that if -- if there is a concern with that, it could be easily remedied with some small minor language changes in the House, if it's determined that we're going to disrupt that sort of a practice. This is a good bill. It does rearrange the -- the dynamic as people approach settlements, but it does not force settlements. It does not limit the party's ability to settle on terms that they see as appropriate. And it -- it just creates a new default rule if parties some -- for some reason choose not to negotiate the terms and pay their -- their bills when due. I urge your Aye votes.

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

Thank you, Mr. President and Ladies and Gentlemen. I -- I - - I appreciate the debate on this -- on this bill. But I just want to make it plainly clear to the Members of the Senate. You know, last -- last week we had a bill where we talked about a -- 94  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 a lawyer's perspective on pensions versus a non-lawyer's perspective. I was approached by one of my colleagues prior to presenting this bill, who sat on the Judiciary Committee during this debate, and he says, "I'm not a lawyer, but this is pretty clear to me. This is just about two" -- "two parties voluntarily - voluntarily - entering into agreement." And there's explicit language in this bill that says, "except as otherwise agreed by the parties". What that language means is that if somebody does not want to enter into the settlement that's subject to this timeline, they can have an agreement that says otherwise. It's common sense. You don’t have to go to law school. In fact, you don’t have to go to college to understand it. A voluntary agreement is a voluntary agreement, and there's nothing in this bill that would change the ability of parties to enter into a voluntary agreement that explicitly lays out the timing in which payment shall be tendered. But what should not happen - what should not happen - is when you've entered into agreement, that you get to withhold that payment that you've agreed to tender as long as you want. That should not happen and there needs to be teeth to make sure that we enforce that that will not be the policy in the State of Illinois. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 1912 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 34 voting Aye, 21 voting Nay, 1 voting Present. Senate Bill 1912, having received the required constitutional majority, is declared passed. Ladies and 95  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/15/2013 Gentlemen, we're going to turn to the Order of Senate Bills 2nd Reading. That would be on page 2 of your printed Calendar. With leave of the Body, Mr. Secretary, let's go to Senate Bill 1341. 1341. Senator Lightford. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, we're going to -- with leave of the Body, we're going to turn to the Order of House Bills 2nd Reading. If you'll turn to page 19 of your printed Calendar, towards the top of the page, we have House Bill 1140. Senator Muñoz. Senator Muñoz. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Mr. Secretary, with leave of the Body, let's go back to House Bill 1017. Ladies and Gentlemen, we're still on page 19 of the printed Calendar. Senator Steans. Mr. Secretary, please read the bill.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, there being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 noon on the 16th day of May, 2013. The Senate stands adjourned.