Illinois Senate Floor Debate — May 13, 2004

PRESIDING OFFICER: (SENATOR WELCH) The regular Session of the 93rd General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the gallery please rise? The invocation today will be given by Reverend David Hofer of St. Peter Evangelical {sic} Lutheran Church in Emden.

PRESIDING OFFICER: (SENATOR WELCH) Please remain standing for the Pledge of Allegiance. Senator Viverito, would you lead us in the Pledge?

(Pledge of Allegiance, led by Senator Viverito) PRESIDING OFFICER: (SENATOR WELCH) Please be seated. Madam Secretary, Reading and Approval of the Journal.

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.

Mr. President, I move that the Journal just read by the Secretary be approved, unless some Member of the Senate has additions or corrections to offer.

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR WELCH) Consent Calendar. Introduction of Bills.

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

PRESIDING OFFICER: (SENATOR WELCH) Senator David Sullivan, for what purpose do you rise?

Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR WELCH) State your point.

Thank you. Ladies and Gentlemen of the Senate, if you could please help me in -- in welcoming my two Pages for today. Sophia Howard, from Park Ridge, and Andrea Perkins, from Arlington Heights.

PRESIDING OFFICER: (SENATOR WELCH) Andrea and Sophia, welcome to Springfield. Senator Maloney, for what purpose do you seek recognition?

Thank you, Mr. President. I’d like the Senate to please welcome my son, Brian; his wife, Mary; and his two little girls, Molly and Shannon, to the Senate. Thank you very much.

PRESIDING OFFICER: (SENATOR WELCH) Welcome to Springfield. Senator Althoff, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR WELCH) State your point.

PRESIDING OFFICER: (SENATOR WELCH) You’re in the right place. Welcome to Springfield. Senator Walsh, for what purpose do you seek recognition?

2  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Thank you, Mr. President. For a point of personal privilege.

PRESIDING OFFICER: (SENATOR WELCH) State your point.

I have with me today Mary Manino, who is an eighteen-year- old from Plainfield. She’s a senior at Plainfield Central High School. She loves political science. She’s going on to Joliet Junior College and she is a Page for a Day today, and her -- her mother, Mary Jo See, and her aunt, Beth May, are in the President’s Gallery. I would like to welcome them to Springfield.

PRESIDING OFFICER: (SENATOR WELCH) Will our guests in the gallery please rise? Welcome to Springfield. Senator John Jones, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR WELCH) State your point.

PRESIDING OFFICER: (SENATOR WELCH) Our guests in the galleries please rise. Welcome to Springfield. Senator Radogno, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR WELCH) State your point.

PRESIDING OFFICER: (SENATOR WELCH) 3  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Eric, welcome to Springfield. Senator Roskam, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR WELCH) State your point.

PRESIDING OFFICER: (SENATOR WELCH) Melanie, please rise. Welcome to Springfield, both of you. Senator Lauzen, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR WELCH) State your point.

PRESIDING OFFICER: (SENATOR WELCH) Welcome to Springfield. Senator Martinez, for what purpose do you seek recognition?

Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR WELCH) State your point.

Today we have with us the mother of one of our Senate intern, Ms. Maddi Amill. She happens to be the Director of the Office of Puerto Rico for the Governor of Puerto Rico. Ms. Maddi Amill -- Maddi Amill, the mother of our wonderful Lorna.

PRESIDING OFFICER: (SENATOR WELCH) Well, welcome to Springfield. Thank you for coming. Senator Rutherford, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR WELCH) Welcome to Springfield. Ladies and Gentlemen, we’re going to start on page 8. House Bills 3rd Reading. This is 3rd Reading, final passage. We’re hoping to get through the entire Calendar, eight pages of 3rd Readings, so we don’t have to be in Session tomorrow. So, if everybody would be prepared and keep an eye on the Calendar so you’re ready to discuss your bill, it would be appreciated by all the other Members. House Bill 307. Senator Harmon. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Thank you, Mr. President. House Bill 307 would permit counties with teen courts or other youth diversion programs to adopt a mandatory court fee of up to five dollars to fund those programs. It is optional, at the discretion of the county. I’m aware of no opposition. My understanding is that teen courts do a very good job across the State, and I’d ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, the question is, shall House Bill 307 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 51 Members voted Yes, 5 Members voted No, no Member voted Present. House Bill 307, having received the required constitutional majority, is declared passed. House Bill 378. Senator Jacobs. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 378, as amended, is a technical amendment that is clean-up amendment language for the Chicago Firefighters package that we passed last year, House Bill 600, which changes the dates to make it conform with this fiscal year and also change -- or, deletes the requirement that in order to receive a survivor’s annuity, a widow of a Chicago firefighter must have been married to the firefighter before the firefighter received a retirement or disability annuity. It’s all agreed to by the City of Chicago, the firefighters union, and everyone else. I know that the other side of the aisle had some concerns about the downstate firefighters. They already enjoy this privilege. The police -- the police also, downstate police, are in negotiations to get the same thing in their contract, and that’s coming along fabulously, as I understand. Other than that, I know of no opposition and ask for your support.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) He indicates he will, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

It’s my understanding that the downstate police are in negotiations with IMRF and -- and that that is coming along very well, and we will introduce a bill whenever it’s -- whenever they come to their agreement.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Yeah. I’ve been informed that we do have some vehicles, and I’d be more than happy to introduce that because I believe in equity between the departments. Yes.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? If not, Senator Jacobs, to close.

Just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 378 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 55 Members voted Yes, no Members voted No, and none are recorded voting Present. House Bill 378, having received the required constitutional majority, is declared passed. House Bill 486. Senator Trotter is in negotiations. He asks leave to come back. Without objection, leave is granted. House Bill 575. Senator John Cullerton. Senator Cullerton. Top of page 9. House Bill 578. 7  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Senator Cullerton. House Bill 587. Senator Silverstein. Read the bill, Madam Secretary. Senator Silverstein -- seeks leave of the Body to return House Bill 587 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 587. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR WELCH) Senator Silverstein, to explain the amendment.

Thank you -- thank you, Mr. President. The -- the amendment becomes the bill and allows qualified municipalities to participate -- to begin participation in the Illinois Municipal Retirement Fund without granting prior service credit to current employees.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Now on the Order of 3rd Reading is House Bill 587. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR WELCH) Senator Silverstein.

Thank you, Mr. President. Again, this allows qualifying municipalities to begin participation in the Illinois Municipal Retirement Fund without granting prior service credit to current employees.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Brady. 8  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.

PRESIDING OFFICER: (SENATOR WELCH) He indicates he’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) Senator Silverstein.

No.

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

Just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 587 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 52 Members voted Yes, no Member voted No, and none are recorded voting Present. House Bill 587, having received the required constitutional majority, is declared passed. House Bill 622. Senator Clayborne. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Take the bill out of the record. House Bill 649. Senator Cullerton. House Bill -- House Bill 679. Senator Trotter. 9  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 With leave of the Body, we’ll return to that when Senator Trotter returns. House Bill 686. Senator Collins. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Basically what this bill does, House Bill 686, it amends legislation we passed last Session that created the Inclusion of Women and Minorities in Clinical Research Act. What it does is technically defines “minority group,” the terminology used in the previous legislation, and under this Act, a minority group is defined as a group that is identifiable subset of the U.S. population distinguished by racial, ethnic or cultural heritage. That would include American Indians or Alaskan Natives, Asian or Pacific Islanders, Blacks and Hispanics are the racial ethnic categories that must be used as guidelines. In addition, this legislation also stipulates that there must be compliance with the National Institute of Health Guidelines on Inclusion of Women and Minorities in Clinical Research. I’m open for any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Sponsor indicates she’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

American Indians I think would be the same as Native Americans. 10  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Ladies and Gentlemen, Senator Roskam cannot hear the -- the -- the sponsor. Senator Collins, please proceed.

American Indians, which I believe would also be Native Americans, or Alaskan Natives, Asian or Pacific Islanders, Blacks and Hispanics are the designates.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

Including but not limited to.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? If not, Senator Collins, to close.

I just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 686 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 56 Members voted Yes, no Member voted No, and none voted Present. House Bill 686, having received the required constitutional majority, is declared passed. House Bill 690. Senator Viverito. House Bill 714. Senator Shadid. House Bill 718. Senator Terry Link. House Bill 720. Senator Terry Link. House Bill 722. Senator Shadid. House Bill 728. Senator Garrett. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Thank you, Mr. President. House Bill 728 is an initiative coming from the Illinois State Police. It prohibits the use of the driver of a commercial vehicle of an engine braking system that emits excessive noise. The prohibition applies only where signs have been erected to -- prohibit the use of these engine braking systems. IDOT shall adopt rules providing for the erection of these signs. This does not apply to the use of an engine braking system that has an adequate sound-muffling system in proper working order that prevents excessive noise. I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Proceed.

PRESIDING OFFICER: (SENATOR WELCH) Let us get back to you, Senator. Do you have any other questions?

PRESIDING OFFICER: (SENATOR WELCH) Indicates she will.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

I think that the House didn’t realize the total -- the details of the bill. They didn’t realize there -- that there are restrictions and stopgap measures in place. For instance, there would be no penalty for a driver if, in fact, he was using those loud brakes to prevent an accident from happening. I think that was one of their biggest issues.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

The way I understand the current law regarding the kinds of muffler systems that trucks should have would not allow them to have what they call Jake Brakes or very noisy brakes that actually are problematic for communities. Right now across the State you will see signs that have gone up because these -- these noises are so loud. So, trucks are not -- they’re supposed to have some sort of a muffler system that prevents those loud noises.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

13  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Yes, and this bill does detail that. And the rules, again, would be adopted by IDOT, so I’m sure that will be included as well.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Speaking of excessive noise.

PRESIDING OFFICER: (SENATOR WELCH) Could we have a little -- Senator Roskam’s having trouble hearing the -- the sponsor. Senator Garrett, please answer.

You know, we -- it could be arbitrary, you’re correct, but again, these are the details that will be adopted by IDOT that will be included in the final statute.

PRESIDING OFFICER: (SENATOR WELCH) Senator John Jones.

PRESIDING OFFICER: (SENATOR WELCH) Please proceed.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? The Chair is ready to answer the parliamentary inquiry. Senator Roskam? Chair is ready to answer your parliamentary inquiry. Insofar as House Bill 728 is an Act in relation to transportation, the components in the bill, as amended, are germane. Senator Garrett, to close.

Thank you very much, Mr. President. Ladies and Gentlemen, I -- I want to clarify some of the things that the previous speaker said. First of all, this is an initiative from the Illinois State Police. IDOT is neutral on it. The Mid-West Truckers are neutral. This bill has been in negotiation for four years. There are a couple things you also need to know, is that we -- in the legislation, we are giving communities local control, whether or not they want to put up these signs. This is not going to be a mandate that the signs are going to be blanketed throughout the State. This is something that many communities want and many communities are doing. When there are residential areas and the trucks go through them, we want to make sure that they do so in a -- sort of a polite way. And so, this has been in discussion for years. The House is also in agreement on it. So, I ask if -- your communities are also very supportive of this measure. Again, it’s local control. Mid- West Truckers are neutral. The State Police would like to see it, and I -- and I really hope that I can count on you for the support of this legislation. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 728 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that 15  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 question, 25 Members voted Yes, 30 Members voted No, 2 Members voted Present. House Bill 728, having failed to receive the required constitutional majority, is declared failed. Senator Garrett.

Can I put this on postponement for consideration?

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett moves to put House Bill 728 on Postponed Consideration. Motion’s in order. The bill will be placed on the Order of Postponed Consideration. Senator Brady, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR WELCH) State your point.

PRESIDING OFFICER: (SENATOR WELCH) Will our guest in the gallery please rise? Welcome to Springfield, both of you. Senator Risinger, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR WELCH) State your point.

PRESIDING OFFICER: (SENATOR WELCH) Welcome, Marshall-Putnam County Farm Bureau. Please stand. Please rise and be recognized. Lot of farmers down that way. House Bill 729. Senator Harmon. House Bill 731 is Senator Trotter. We’ll return to that when he returns. Returning to Senate {sic} Bill 718. Senator Terry Link. Read the bill, Madam Secretary. 16  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Thank you, Mr. President. This bill basically requires that all drivers who have a judgment from the -- that resulted from default in an uninsured motor vehicle crash discharged in bankruptcy must give proof of financial responsibility before a person’s driver’s license will be reinstated. The proof of financial responsibility must be maintained for a period of three years from the date of proof it first is filed. I know of no opposition. I’ll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, the question is, shall House Bill 718 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 58 Members voted Yes, none voted No, and none vote Present. House Bill 718, having received the required constitutional majority, is declared passed. House Bill 720. Senator Link. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Thank you, Mr. President. This is same bill that we passed out last year 58 to nothing. What this does is this is agreement between the Professional Towing and Recovery Operators of Illinois and the Department of Transportation. This permits towing vehicles to tow disabled vehicles from initial point of a wreck or -- disablement of a point of -- to repairs that actually occur. The movement shall validate the State -- validate on State routes only, and it requires it to obey bridge 17  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 weight limits. It requires that -- it creates the weight limits for tow trucks manufactured with a third axel at fifty-six thousand pounds. It reduces the fee from two thousand dollars to two hundred dollars. It also removes the current limitations of fifty miles of transportation for disabled vehicles and adds a -- the -- disablement requirements for repairs that actually occur. I know of no opposition. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator John Jones.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he will.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

And I’ll answer you the same way I did in committee, sir. This was a -- a worked-upon agreement with the Department of Transportation, and I hope they worked it out with the Governor’s Office because that’s -- they are part of the Governor’s Office.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? If not, the question is, shall House Bill 720 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 55 Members voted Yes, no Member voted No, and none voted Present. House Bill 720, having received the required constitutional majority, is declared passed. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR WELCH) At the top of page 10 of our Calendar is House Bill 742. Senator James DeLeo. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. House Bill 742 has the two amendments on it which we talked about on the -- on the Senate Floor earlier this week. Amendment No. 1 is the Jewel-Osco. We’re giving an exemption. They’re redesigning their building in their same location, but it falls within a hundred feet of the school. And Amendment No. 2, which is on this bill, which we discussed yesterday on the Senate Floor, is the Maxwell Street-Halsted-Roosevelt area. A restaurant’s going in there and their outdoor café falls within the hundred feet. These are two exemptions. As I mentioned yesterday, the -- the -- the pastor of the church is -- is not opposed to this exemption. I ask for its favorable roll call.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 742 pass. All those in favor, vote Aye. Opposed, vote Nay. The -- 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, 40 Members voted Yes, 13 voted No, and 1 voted Present. House Bill 742, having received the required constitutional majority, is declared passed. House Bill 750. Senator Meeks. House Bill 752. Senator Halvorson. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Thank you, Mr. President, Members of the Senate. House Bill 752 amends the School Code with regards to dental examinations, and it would require three things, basically: That all children entering kindergarten, second and sixth grade to have a dental exam; would require the Department of Public Health to establish by rule a waiver for children who show undue burden or lack of access to a dentist; and it would also require every school to report to the State Board of Education by June 30th the number of students who have not received the required exam and those who have received a waiver. In committee we discussed the cost. Even though there is a cost, the State is already required to pay for these examinations. All we’re doing is to help prevent dental problems in the future.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Radogno.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Indicates she’ll yield for a question.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Thank you for bringing that up, Senator. What I was referring to is the KidCare, the Medicaid and the cost to the State who would already be required to put that money out for those young people.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Correct. Between four hundred and ninety-five thousand and one million dollars.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Yes.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) We can’t hear anything up here. Folks, can you take the conversations off the Floor over here and over here? We’ve got four speakers waiting to talk. Very controversial bill, apparently. And so, Senator Burzynski. 22  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

PRESIDING OFFICER: (SENATOR WELCH) Indicates she’ll yield for a question.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

No.

PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Possibly.

PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Thank you, Mr. President. To the bill, briefly. I rise in support of Senator Halvorson’s bill. My understanding is that it provides an opportunity to maximize monies otherwise not available to us and provides safeguards for families facing hardship or no access to dental care. And I know firsthand, from my district, from some clinics there, that the alarming correlation between dental health, oral health and more severe physical ailments is certainly one worth connecting. So, I applaud Senator Halvorson and urge an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) 23  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Senator Risinger.

PRESIDING OFFICER: (SENATOR WELCH) Indicates she’ll yield for a question.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

No, I believe it’s also parochial.

PRESIDING OFFICER: (SENATOR WELCH) Senator Risinger.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

I wouldn’t imagine it would. There’s a lot of things that - - whatever the homeschoolers have to abide by, and I don’t think examinations is one of ‘em. But I could find out.

PRESIDING OFFICER: (SENATOR WELCH) Senator Risinger.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

It is my impression that it will not have anything to do with homeschoolers.

PRESIDING OFFICER: (SENATOR WELCH) Any further discussion? If not, Senator Halvorson, to close. Oh, I’m sorry. Senator Roskam. I…

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson, to close.

Thank you, Mr. President. First of all, Senator Roskam, I think in the prior discussion, we said it didn’t have anything to do with homeschoolers. But I would like to make a couple other points. According to the Surgeon General, this -- the number-one reason children miss school is because dental disease. This is like an -- immunization. It’s preventive care. We’ve got to do something about our young people and taking care of their teeth. And I think that studies have shown that -- like periodontal disease can be attributed later on down the road to heart disease. Poor children suffer nearly twelve times more than anybody else with regards to dental disease. I don’t think anybody wants to be told they should be doing something; however, if I knew I could prevent dental disease in my children later on in life, I would be thrilled that somebody told me that I should take care of it at kindergarten, second and sixth grade. And I know we all have young people, if we don’t have children of our own, we know that the molars are coming out at second and sixth grade, and I think we need to be doing something by taking care of them now so that we don’t have to 25  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 worry about more expense later. And I would hope that everybody would understand the importance of dental care, and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 752 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 34 Members voted Yes, 19 voted No, and 1 voted Present. House Bill 752, having received the required constitutional majority, is declared passed. House Bill 753. Senator Peterson. House Bill 755. Senator Harmon. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Thank you, Mr. President. House Bill 755 amends the School Code. This addresses a particular situation in my district. The Oak Park-River Forest High School District 200 and the Oak Park School District 97 are subject to the jurisdiction of the Cicero Township Trustees of Schools and the Township School Treasurer, a somewhat archaic form of government that holds their assets and manages their affairs. This bill would simply permit the elected boards of those school districts by resolution to withdraw from the districts -- from the Township Trustees, rather. This is templated on a -- a legislative action taken twelve or fifteen years ago to assist the Evanston schools. I’m aware of no opposition other than the Township Trustees themselves, and I would ask for your support in solving a problem unique to my district.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Cronin.

PRESIDING OFFICER: (SENATOR WELCH) Senator David Sullivan.

Question of the sponsor.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield for a question.

Senator, I notice that today there are two Don Harmons on the Floor. I’m just wondering if both Don Harmons are in favor of this bill.

PRESIDING OFFICER: (SENATOR WELCH) The senior Senator Harmon.

He’s okay.

PRESIDING OFFICER: (SENATOR WELCH) Senator Lightford.

Thank you, Mr. President. To the bill. I rise in support of this legislation. Senator Harmon and I have the unique opportunity to share the Oak Park-River Forest High School District, and I know that there is a lot of reform that’s needed in the Cook County area dealing with subjects of this nature. And I would also ask my colleagues to vote Aye.

PRESIDING OFFICER: (SENATOR WELCH) Senator -- the question is, shall House Bill 755 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, none voted No, and 1 voted Present. House Bill 755, having received the required constitutional majority, is declared passed. Senator DeLeo is now in the Chair.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point. 27  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

PRESIDING OFFICER: (SENATOR DeLEO) Would our guests please be recognized? And welcome to the Illinois State Senate. Senator Burzynski, for what purpose do you rise, sir? Okay. Going back to page 10 on the Calendar, House Bills 3rd Reading. House Bill 756. Senator del Valle. Leave of the Body, we’ll come back to that. House Bill 758. Senator Sullivan. Senator John Sullivan, do you wish -- gentleman indicates he wishes to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.

Thank you, Mr. President. The bill requires that when school districts converge and form a new high school district, the election of the members of this new district’s board may be either by an at-large basis or with board members representing each of the forming elementary school districts or a combination of both.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any -- Senator Roskam.

PRESIDING OFFICER: (SENATOR DeLEO) He indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.

Senator, what we’re attempting to do here is actually get fair representation throughout the newly-formed district - in other words, to get representation. The situation with this particular legislation and why I’m sponsoring it is the fact that we have four districts that are going to converge. One of those districts is quite a bit larger in population than the other three. So, we want to make sure that we have fair representation from -- from all four of those districts.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Roskam.

PRESIDING OFFICER: (SENATOR DeLEO) 29  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Is that a question? Senator Sullivan.

And again, I -- I -- I guess I take exception with what you’re saying because actually what I’m trying to do is get fair representation. I want everybody, regardless of where they’re located, if -- if -- based on the population needs, I want to make sure that everybody is represented in the area of this newly converged school district. So, I think that actually we’re taking steps in the opposite direction of where you think we’re going here.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Roskam.

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you for your remarks. Senator Sullivan, to close, sir. Gentleman asks for a favorable roll call. The question is, shall House Bill 758 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 45 Ayes, 10 {sic}(12) Nays, 1 voting Present. House Bill 758, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 762. Senator Emil Jones. 30  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Out of the record. Senator Jones, on 762. Out of the record. On House Bill 766, Senator Maloney. Do you wish to proceed? Out of the record. Senator Pat Welch. Leave of the Body, we’ll come back to it, on House Bill 770. House Bill 826. Senator James Clayborne. Senator James Clayborne, on 826. Out of the record. House Bill 827. Senator Link. Do you with to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.

Thank you, Mr. President. This is just an extension for a TIF district for the City of Waukegan.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Any discussion? Seeing no discussion, Senator Link, to close. Gentleman asks for a favorable roll call. The question is, shall House Bill 827 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? All voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 Ayes, 2 Nays, 0 voting Present. House Bill 827, having received the required constitutional majority, is declared passed. Senator Winkel, on House Bill 828, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Winkel.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Winkel, to close. The gentleman indicates he wishes a favorable roll call. The question is, shall House Bill 828 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 Ayes, 2 Nays, 0 voting Present. House Bill 828, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 829. Senator Winkel. Do you wish to proceed? Madam Secretary, he indicates he does. Please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Winkel.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Winkel, to close. Asks for a favorable roll call. The question is, shall House Bill 829 pass. All those in -- favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 Ayes, 2 Nays, 0 voting Present. House Bill 829, having received the required constitutional majority, is declared passed. House Bill 830. House Bill 830. Senator Brady. Do you wish to proceed, sir? He indicates he does. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Brady, to close. Senator Brady asks for a favorable roll call. The question is, shall House Bill 830 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 Ayes, 2 Nays, 0 voting Present. House Bill 830, having received the required constitutional majority, is declared passed. House Bill 830. Senator Brady. Senator Brady, do you wish to -- 831. I’m sorry. We just completed 830. 831. Do you wish to proceed, sir? Madam Secretary, he indicates he wishes to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing no discussion, Senator Brady, to close, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay. The question is, shall House Bill 831 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 33  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 {sic}(54) Ayes, 3 Nays, 0 voting Present. House Bill 831, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, continuing on House Bills 3rd Reading, on the top of page 11, we have House Bill 832. Senator Brady. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Burzynski, what purpose you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. He’s shaking his head yes.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any further discussion? Seeing no further discussion, Senator Brady, to close, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. The question is, shall House Bill 832 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 50 Ayes, 7 voted Nay, 0 voting Present. House Bill 832, having received the required constitutional majority, is declared passed. House Bills 3rd Reading. House Bill 833. Senator Sieben, do you wish to proceed? Madam Secretary, he indicates he does. Please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sieben.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Is there any discussion? Is there any discussion? Seeing no discussion, the question is, shall House Bill 833 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 53 Ayes, 4 Nays, 0 voting Present. House Bill -- 833, having received the required constitutional majority, is declared passed. House 35  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Bills 3rd Reading. House Bill 835. Senator Sandoval. Do you wish to proceed, sir? Out of the record. House Bill 837. Senator Silverstein. Senator Silverstein. Madam Secretary, he indicates he wishes to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Silverstein.

Thank you, Mr. President. This expands the Water Reclamation District to include -- eleven additional parcels of land within Cook County. It also allows the District to lease its vacant property along waterways to any institution of learning.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Silverstein, to close.

Ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DeLEO) The question is, shall House Bill 837 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 -- 58 Ayes, 0 Nays, 0 voting Present. House Bill 837, having received the required constitutional majority, is declared passed. Senator Hunter, on House Bill 839. The lady requests she’d like to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter.

36  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Thank you, Mr. President. House Bill 839 allows Cook County the right to establish a Code Hearing Unit to expedite the prosecution and correction of code violations. All Illinois municipalities in all other counties already enjoy this right. I ask for a…

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Is there any discussion? Senator Burzynski.

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, could you give the speaker your attention, please? Senator Hunter, could you be so kind to repeat that?

House Bill 839 allows Cook County the right to establish a Code Hearing Unit to expedite the prosecution and correction of code violations. All Illinois municipalities in all other counties already enjoy this right.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Hunter. Thank you, Senator Burzynski. Seeing no further discussion, the lady would like -- Senator Hunter, to close, please. Senator Hunter, to close, please.

I ask for a favorable vote, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. The question is, shall House Bill 839 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 869 {sic}, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill -- the last bill that was just passed was House Bill 839. Moving to House Bill 869. Senator -- Link, do you wish to proceed, 37  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 sir? He indicates he wishes to proceed on House Bill 869. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.

Thank you, Mr. President. This basically is a cleanup from last year on a bill that we passed, Senate Bill 1883. It’s just closing a -- a loophole in a real estate transfer tax. It’s due to an oversight that the Counties Codes were not -- were not omitted in enabling the county boards to adopt these policies and maintain unified tax system. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Any discussion? Senator Link, to close. Okay. The question is, shall House Bill 869 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, 56 Ayes, 2 Nays, and 0 voting Present. House Bill 869, having received the required constitutional majority, is declared passed. Senator Emil Jones, on House Bill 870. Out of the record. Leave of the Body, we’ll come back to it. Senator James Clayborne, on House Bill 874. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Thank you, Mr. President and Members of the Senate. House Bill 874 amends the Public Utilities Acts -- Act to allow a facility that distributes primarily propane by pipeline to 38  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 operate free from the regulations and restrictions that govern public utilities. This was brought about because there’s a -- a business in my area that actually wants to participate in the development in Waterloo in a subdivision of about forty homes, and currently, the public utility is not willing to use their monies to provide infrastructure costs to extend their -- their services to this area. So, this is a -- a -- a compromise around that to allow the propane dealer to provide natural gas to this community. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Any discussion? Is there any -- Senator Burzynski, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) He indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

That’s correct.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any further discussion? Any -- Senator Lauzen, for what purpose do you rise? Okay. Senator Clayborne, to close, sir.

I would just ask for your favorable vote. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. The question is, shall House Bill 874 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 Nays, 0 voting Present. House Bill 874, having received the required 39  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 constitutional majority, is declared passed. Senator Lauzen, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) The record will so indicate that. Thank you, Senator. House Bill 916. Senator Clayborne. Do you wish to proceed on that, sir? Madam Secretary, he indicates he does. Please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne has leave to present this for Senator Shadid. Senator Clayborne.

Thank you, Mr. President, Members of the Senate Bill -- Senate. House Bill 916 is an initiative of the State’s emergency response agencies. It cleans up a Section in the Hazardous Material Emergency Response Reimbursement Act concerning reimbursement to emergency agencies. Basically, as the law reads now, it requires that reimbursement be made to that emergency agency that responds in a timely and reasonable manner. And basically the change we’re making is that once they receive the bill, they have to make reimbursement -- the person who -- who causes the spill has to reimburse the emergency agency within sixty days after receiving the bill from the emergency responder. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Sullivan, for what purpose do you rise, sir?

Thank you, Mr. President, Ladies and Gentlemen of the Senate. For Members on this side, this bill came out of committee unanimously. There’s no known opposition. I urge an Aye vote. 40  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Clayborne, to close, sir.

I would just ask for your favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay. The question is, shall House Bill 916 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 58 Yeas, 0 Nays, 0 voting Present. House Bill 921 {sic}, having received the constitutional -- required constitutional majority, is declared passed. Senator Carol Ronen, on House Bill 921. Out of the record. House Bill 934. Senator Emil Jones. Leave of the Body, we’ll come back to. Senator John Cullerton, on House Bill 956. Senator John Cullerton. Senator Cullerton, you wish to proceed, sir? You have an amendment. Would you like to seek leave of the Body to return this to 2nd Reading, sir? Senator Cullerton.

Yes. I have an inquiry. There was a second amendment that I offered. Did that also come on the Floor?

PRESIDING OFFICER: (SENATOR DeLEO) We need to adopt that amendment now, sir. So, okay. Senator Cullerton seeks leave of the Body to return House Bill 956 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Okay. House Bill 956 is now on the Order of 2nd Reading. House Bill 956. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to explain the amendment, sir.

Yes. Thank you, Mr. President, Members of the Senate. This was a -- an Amendment No. 2 which actually corrects Amendment No. 1 that was adopted in the Judiciary Committee. This is at the request of the Illinois Press Association. This deals with the issue of when there’s a denial of a Freedom of 41  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Information request, the person who wishes to appeal that has sixty days to appeal it in court, and it applies to written denials by the head of the public body. Ask for its adoption.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Is there any -- is there any discussion? Is there any discussion? Okay. Senator Cullerton moves the adoption of Amendment No. 2 to House Bill 956. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Okay. 3rd Reading. Now we’re on the Order of 3rd Reading. Senator Cullerton, do you wish to proceed, sir, on 956? He indicates he does. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Thank you, Mr. President, Members of the Senate. The amendment that we just adopted actually became the bill. If a person is denied access to public records by the head of a public body, upon receipt of the denial they must appeal the denial in circuit court within sixty days. Right now there’s no time frame at all. It’s approved by the Illinois Press Association. Know of no opposition. Ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Seeing -- is there any discussion? Is there any discussion? Seeing no discussion, the gentleman -- the question is, shall House Bill 956 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 52 Ayes, 5 Nays, 0 voting Present. House Bill 956, having received the required constitutional majority, 42  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 is declared passed. Continuing on House Bills 3rd Reading, House Bill 958. Senator Cullerton. Gentleman indicates he wishes to proceed. Madam Secretary, please call the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Thank you, Mr. President, Members of the Senate. This bill would expand the jury list in Illinois by including people who have claimed the earned income tax credit on their Illinois income tax return. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Lauzen, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) The sponsor…

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he…

PRESIDING OFFICER: (SENATOR DeLEO) The sponsor indicates he’ll yield for a question.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, they’re having a hard time hearing on that side of the aisle today.

PRESIDING OFFICER: (SENATOR DeLEO) 43  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Senator Cullerton.

The intent of the bill is to expand our jury lists so that people who utilize our court system can have a reflected jury of their peers. So, there’s people who are not -- don’t have driver’s licenses, don’t have IDs and they’re not registered to vote who file earned income tax credits. We’re -- we’re expanding the list of, the jury lists to include them.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

I’m looking up current law for you to answer your question. Give me one second. Current law, the Director, meaning the Director of Revenue, may make available to any State agency, including the Illinois Supreme Court, units of local government and school districts, information regarding whether a bidder or contractor is an affiliate of a -- of a person who is not collecting or remitting Illinois use taxes for the limited purpose of enforcing bidder and contractor certifications. The Director may also make available -- there’s a -- and we go on for another half a page. So, there -- there is a precedent for the Director making lists available.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon, for what purpose do you rise, sir?

To the bill, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

My understanding, in response to Senator Lauzen’s point, is that we do currently permit the Department of Revenue to release some of these records and confidential matters for purposes of collecting student loans, and also, this Session we passed a bill, which Senator Lauzen cosponsored, that permits us to release this information for the purposes of child support collection. So, I would -- I would support Senator Cullerton’s bill as a -- a reasonable continuation on that theme.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Geo-Karis, for what purpose do you rise, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

The Department of Revenue would supply names to the jury commissioners of people who have applied for the earned income tax credit in Illinois so that they would be added to the jury list, they’d be eligible for jury duty.

PRESIDING OFFICER: (SENATOR DeLEO) 45  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

The goal is to expand the list of eligible jurors for selection for juries throughout the State of Illinois.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Right now it’s the list of legal voters, Illinois driver’s license holders, Illinois identification cardholders and Illinois disabled person identification cardholders.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Because there are some people who -- don’t drive, don’t have an ID card, have not registered to vote, and we’d like to - - and that take -- they do qualify for the earned income tax credit, so we want to add their names to the voters {sic) list.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Roskam, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he yields.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, for response, sir.

Well, I’m trying to -- to think how George Ryan would answer that question. But we haven’t heard from him in a few years and he’s back down in Kankakee and… Actually, I actually feel very strongly about expanding the jury list. I -- I sponsored a bill in 1981 to eliminate the exemptions. At one point in time, we had twenty-eight exemptions by occupation for jury duty, and my goal is to have as many people serve on the jury as possible. I also sponsored the bill that eliminated the two-week period that you had to go and serve for jury duty now that we have a system throughout the State of Illinois where it’s one day/one trial. So, on average, a person, if they’re called, they -- they will be on a jury for only four days, and most jurors are only gone the -- the one day. It is the only obligation imposed on us by the federal Constitution, to serve on a jury. Not even to -- to pay taxes or to serve in the military. So, I do feel strongly about it, and I think your concerns are that we’re targeting one group of people, the earned income tax folks. I told you in committee, I’m open- minded to even include this -- to expand it to include other people that pay income tax so we can get that group of people who are not submitting themselves for jury duty. And -- and I think I -- I agree with Senator Geo-Karis. Everybody should register to vote. Some people don’t register to vote ‘cause they don’t want to go on jury duty. That’s absurd. So, we should expand the list so -- to let those people know you can’t get out of jury just -- just by not registering to vote. Maybe we can even expand the number of people who register to vote. So, that’s my honest answer, and if -- if it doesn’t go far enough or if you’re concerned about who we’re targeting, I can appreciate your concerns, but I think this is a -- right -- a beginning to get more people on the jury list.

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, let me please remind you, we have four people seeking recognition on this bill. We’re on page 4 48  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 of sixteen pages of 3rd Reading. So, let’s try and keep our remarks to a minimum. We have twelve more pages to finish, or we’ll be here tomorrow. Senator Roskam.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Dillard, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Lauzen, for the second time, sir.

PRESIDING OFFICER: (SENATOR DeLEO) What -- what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Lauzen. Senator Hendon, for what purpose do you rise?

Thank you very much, Mr. President. Just to the bill. I - - I certainly hope Senator Cullerton does not take this out of the record and call it for a vote. And I did want to respond. I appreciate the comments of Senator Dillard and some of the others, but I -- the only one -- I have kept a little footnote here, and I didn’t know whether it was part of the Republican strategy or not. But, Senator Roskam, you spoke on sixty percent of every bill called here where there is any kind of discussion, and I -- I guess if that’s part of your strategy, to talk us to death, then that’s fine. But I do want to also point out to you that one reason why the poor and economically disadvantaged might want to be on a jury and serve is because when we go to court, we see nothing but poor and disadvantaged on trial and nobody that looks like us on the jury. So, if the poor and disadvantaged are going to be on trial and accused all the time and often falsely accused, then why not expand the pool to allow some poor and disadvantaged people of their peers to be on the jury to help make a decision whether they’re guilty or innocent. I urge an Aye vote on this outstanding piece of legislation from my good friend, Senator Cullerton.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Roskam, I know your name was used in debate. Senator Roskam.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Thank you, Senator Roskam. Senator Cullerton, to close.

Yes. Thank you, Mr. President, Members of the Senate. First of all, to respond to the Senator from Aurora, I believe that -- I’ll make it clear that no financial information is going to be disclosed. Just the name is going to be disclosed to the jury commissioners and the person will get a summons. So, we’re not -- we’re not breaking any rules of privacy. The goal here, of course, is to have people serve on a jury, just like other goals for disclosing information is to get people to 52  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 pay child support or to -- to not cheat on their taxes. Senator Dillard, as I told you in committee, I am open to those types of concepts, but I don’t think at this last day, that we have time to consider it -- your amendment right now. And -- and I -- I would point out that there actually is a category of people -- to say this is a special group of people is not really fair, because there’s a special group of people who apply for driver’s licenses who are now eligible for jury duty, a special group of people who decide to register to vote who are eligible for jury duty. You know, remember, there are -- there are immigrants who are not citizens who cannot register to vote. We don’t let ‘em get a driver’s license, I remind you, but they do pay taxes, and they would be eligible to be on jury duty because we pass this law. So, I think it’s a good idea. I’d ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. The question is, shall House Bill 958 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 32 Ayes, 26 Nays, 0 voting Present. House Bill 958, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading. Excuse me. Senator Roskam, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) That order is always in request -- or, that request is always in order. Senator Roskam has requested a verification. Will all Members be in their seats? Mr. Secretary, will you read the affirmative votes, please?

PRESIDING OFFICER: (SENATOR DeLEO) 53  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Thank you, Mr. -- thank you, Mr. Secretary. Senator Hendon, for what purpose do you rise, sir?

Well, Mr. President, I’m not certain that the request for a verification was in order, because you had moved on to the next order of business. So, I do not -- I do not understand why we’re even -- why you’re even allowing… Senator, I’m not shouting across the -- the -- the way to you. I’d appreciate -- and I did mention earlier that you’ve spoken on sixty-five percent of the bills today. I haven’t gotten up that often. At least give me the opportunity to say what I have to say, since you’ve talked so much today, and you have spoken on sixty-five percent of the bills. So, I’m not certain, Mr. President - it is my opinion; I’d like a ruling from the Chair - if a verification is even in order when you have -- had moved on to the next order of business. I know you’re trying to be nice and accommodating, but jeez, I mean, how far are we going to go? We going to bend over backwards, you know, to accommodate the other side on a issue -- on every issue that comes up? Because this will continue to be a pattern here. So, I simply would like an opinion from the Chair even if the verification is in order in the first place. I -- I’m truly stunned by this, and I certainly do not believe that we should be moving forward with this verification. I -- I’d like a ruling from the Chair.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon, for what purpose do you rise, sir?

I was -- I was still -- I know you spoke with the Parliamentarian just now. I believe -- I’m asking for an opinion from the Chair of even if the verification was -- was in order, and if they disagree with the rule of the Chair, then they could, of course, appeal your ruling, which they have a right to do. But I don’t believe the verification’s in order because you had moved on to the next order of business. I’d like an opinion from the Chair on -- on that issue.

PRESIDING OFFICER: (SENATOR DeLEO) The Parliamentarian and I will be issuing a ruling from the Chair in just a very short minute. Senator Cullerton, for what purpose do you rise? 54  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

Just wanted to indicate that I’m the sponsor of the bill, but I painfully remember the ten years that we were in the Minority here. And I think that, personally, the request for the verification is in order, and I welcome it.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Cullerton. Ladies and Gentlemen, in our Rules of the Senate, on page 29, Senate Rule 7-6, under the rules of verification: After any roll call vote, except for a vote that requires a specific number of affirmative votes, that has not received the required votes, and before intervening business, it shall be the order of the Senator -- any Senator of this Chamber to request a verification of the results of a roll call. So, following the Rules of the Senate, the Chair -- the Chair rules that a verification is in order, sir. Continuing back on our verification, Senator Roskam, do you question the presence of any Member voting in the affirmative?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sandoval is in the Chamber underneath the voting board, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. If not -- on a verified -- on a verified roll call, there are 32 Ayes, 26 Nays, and 0 voting Present. House Bill 958, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 976. Senator Garrett, do you wish to proceed, ma’am? Senator Susan Garrett, on 976. I’m sorry. Can we hold that for a moment? Senator Rauschenberger, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, please give the speaker your attention. Please state your point, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Rauschenberger, for those comments. Senator Schoenberg, what purpose do you rise, sir?

Thank you -- thank you, Mr. President and Ladies and Gentlemen of the Senate. I’d like to address something that the previous speaker just made. I have a great deal of regard for him, but I want to remind the Body that on a very complex and controversial matter yesterday, it was a deliberate, strategic decision made not to have anybody listen to any discussion relating to the stem cell research bill on House Bill 3589. Whether it would change any outcomes or not, who knows? But the fact of the matter is, we all know what happened. We know how it happened. There was no discussion. I would have been interested in hearing dissenting views so as perhaps I can make my bill better, and I’ll have plenty of time to make my bill better. But to suggest that we are stifling discussion, I think, is a little out of order. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Brady, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR DeLEO) 56  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Please state your point, sir.

PRESIDING OFFICER: (SENATOR DeLEO) T.J., welcome to the Illinois Senate. Will our guest in the gallery please rise and be recognized? And welcome to the Illinois Senate. Okay. Ladies and Gentlemen, let’s continue on House Bills 3rd Reading. On the bottom of page 11 of our Calendar is House Bill 976. Senator Garrett. Out of the record. Ladies and Gentlemen, on the page -- on top of page 12 is Senate {sic} Bill 999. Senator Emil Jones. Out of the record. Leave of the Body, we’ll come back to it. There’s -- following 999 is Senate -- House Bill 1004. 1004. Senator Jones. Out of the record. House Bill 1007. Senator Jones. With leave of the Body, we’ll come back to it. Senator John Cullerton, on House Bills -- on House Bill 1018, sir. Mr. Secretary, he indicates he wishes to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senate -- Senator Cullerton.

Thank you, Mr. President, Members of the Senate. This is a really good, noncontroversial, bipartisan bill which creates the Illinois Crime Stoppers Program Act which would limit the use of the name “Crime Stoppers” to programs certified by the Illinois Crime Stoppers Association, and also to amend the Code of Civil Procedure to protect the identity of Crime Stoppers tipsters modeled on the current identify protection provided to police informants. This comes out of an incident that occurred down in Quincy where the identity of a Crime Stoppers tipster was unfortunately revealed. And, again, good idea. Happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) 57  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Thank you, Senator Cullerton. Is there any discussion? Any discussion? Seeing no discussion, Senator Cullerton, to close. The question is, shall House Bill 1018 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 Ayes, 0 Nays, 0 voting Present. House Bill 1018, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 1020. Senator Welch. Leave of the Body, we’ll come back to it. House Bills 3rd Reading. 1041. Senator Harmon. Senator Don Harmon, would you wish to proceed? Mr. Secretary, he indicates he does. Please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.

Thank you, Mr. President. House Bill 1041 amends the Uniform Commercial Code. It restores some language inadvertently deleted, as I understand it, in the last rewrite of the UCC. It provides for the allocation of -- of fees collected for financing statements. It does not change the fees. It simply codifies current practice as to how those monies are allocated. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Seeing no discussion, the gentleman -- the question is, shall House Bill 1041 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 Ayes, 0 Nays, 0 voting Present. House Bill 1041, having received the required constitutional majority, is declared passed. Senator Jacobs, on House Bill 1067. Out of the record. Senator John Cullerton, on House Bill 1075, sir. Do you wish to proceed? No. Senator John Cullerton, on House Bill 1080. Indicates he does not. Out of 58  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 the record. Senator Martinez, on -- on House Bill 1082. Ma’am, do you wish to proceed? The lady indicates she wishes to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez.

Thank you, Mr. President. House Bill 1082 requires physicians, medical students, advanced practice nurses, registered nurses and physicians’ assistants to inform patients of the professional -- of their profession upon providing treatment or care, including all physical examinations. In the case of an unconscious patient, all care must be related to the patient’s illness, condition or disease. This comes into effect because of the -- of an article in the Ohio newspaper where a gynecologist was sentenced to forty-five years in prison for raping a patient and fondling more than a dozen others during medical examination, and also, another reason also is because of the fact that some of the cases happened here in Illinois. There’s also been accusations of physicians instructing medical students to perform pelvic examinations on unconscious patients to gain experience with procedure. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Martinez, to close.

I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. The question is, shall House Bill 1082 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 Ayes, 0 Nays, 0 voting Present. House Bill 1082, having received the required constitutional majority, is declared passed. House Bills 3rd 59  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Reading, in the middle of page 12. House Bill 1083. Senator Harmon. Out of the record. Senator Pat Welch in the Chair.

PRESIDING OFFICER: (SENATOR WELCH) House Bill 1086. Senator Ronen. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Ronen.

Thank you, Mr. President. This bill relates to the -- the Health Facilities Planning Board and changes notifications. It arises out of a situation in State Representative Deborah Graham’s district. It does several minor things, really. Defines “charity care.” It -- in addition to posting in general circulation papers, it requires wider posting areas and defines newspaper of limited circulation as a newspaper that is intended to serve a particular defined population and then sets deadlines for when meetings can be held after posting. Know of no opposition and I ask for a favorable roll call.

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

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 1086 pass. All those in favor, vote Aye. Opposed, Nay. The Ayes -- 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, 57 Members voted Yes, no Members voted No, and none voted Present. House Bill 1086, having received the required constitutional majority, is declared passed. House Bill 1111. Senator Emil Jones. Senator Harmon, for what purpose do you seek recognition?

60  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 On a point of -- I guess it’s parliamentary. My switch did not work. I would like the record to reflect I would have voted Aye had I been able to make my switch work correctly.

PRESIDING OFFICER: (SENATOR WELCH) The record will so reflect. Senate -- House Bill 1191. Senator Cullerton. 1191. Senator Cullerton. Top of page 13. House Bill 1269. Senator Cullerton. House Bill 1300. Senator -- House Bill 1269. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

Yes. Thank you, Mr. President, Members of the Senate. This bill deals with the Chicago Teachers Pension Fund, and it would increase the annual limit on reimbursement to annuitants of the Teachers Pension Fund for health insurance costs from forty million to sixty-five million and it creates a statutory reimbursement rate at seventy-five percent of the cost, which is the same as the downstate teachers. Again, this is just not extending any more money to the Fund. It just raises the cap that has been set by statute as to how much they can use for health insurance. They need to raise the cap. The teachers, since April 1st, have been paying about half of the cost of the total premium. This would allow them to have seventy-five percent of it -- paid for by the Teachers Pension Fund, and it, again, does not cost any more money to the State. Please ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Brady.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield for a question, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

Yes. I think that Senator Jacobs, as the Chairman of the committee, can bring you up to date on the status of those negotiations. I’d just say, in general, that I don’t -- you know, we have two different systems for retirees - one Chicago teachers, one the rest of the State. These retirees, after they retire, they move throughout the State, they move out of State. They don’t just live in Chicago. So, I don’t view this as just a -- you know, a regional issue. I -- I agree that we need to help those Downstate Teacher Fund folks as well as this, and I - - I -- Senator Jacobs can probably bring you up to speed as to where those negotiations are.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Thank you, Mr. President. Senator Brady, I -- it’s a concern that you and I share, and we have House Bill 3002, which is going to come out of Rules, and the deadline will be extended, to be used for the agreement that I guess is back on now because the Health Alliance fiasco was -- all of a sudden fell apart. So, I understand that now most of the groups are back together, and hopefully - not hopefully - we will do something before the end of this Session with that issue.

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

It -- no. As -- as I understand it, Senator Rauschenberger, and you -- you know this better than I do, but you know that the State pays some money into the Chicago Teachers Pension Fund and they pay money into the Downstate Teachers Pension Fund. The amount that they pay into the Chicago Pension Fund is sixty-five million dollars. For some reason, the law -- current law caps at forty million how much money they can spend on the health insurance costs. All this bill does is two things: It increases -- it lifts that cap up to sixty-five million so they can internally spend the money, that sixty-five million, on health insurance costs, and it statutorily sets the -- the rate at seventy-five percent of the retiree health insurance cost.

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? Seeing none, Senator Cullerton, to close.

Yes. I would just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 1269 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 45 Members voted Yes, 12 Members voted No, 1 Member voted Present. House Bill 1269, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we’ll have a very short recess for a meeting of the Rules Committee in the Anteroom behind the President’s Chair. We’ll stand at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)

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

PRESIDING OFFICER: (SENATOR WELCH) Senator Silverstein, for what purpose do you rise?

For a personal privilege.

PRESIDING OFFICER: (SENATOR WELCH) State your point.

Just want to -- with -- with me today to my left is Deborah Alexander, who’s a Commissioner of the Skokie Park District.

PRESIDING OFFICER: (SENATOR WELCH) 64  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Welcome to Springfield, Deborah. Senator Burzynski, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR WELCH) That request is in order. The Senate will stand in recess for thirty minutes, approximately 1:45. Senate will stand adjourned till the call of the Chair. Senate will stand in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR WELCH) The Senate will come to order. Messages from the House.

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

I guess you would call this an announcement. 65  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

PRESIDING OFFICER: (SENATOR WELCH) Please proceed.

Okay. Every so often - and it seems this month, it’s been quite often - we come together and we celebrate things like birthdays, and today we’re going to celebrate two birthdays: Linda Hawker and Senator Patrick Welch. So, if you’d join with me in -- in giving them a hand on becoming another year wiser, and also join us for cake. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Thank you, Mr. President. But before anybody gets really excited about wishing Senator Welch a happy birthday, it really isn’t. He’s complaining because nobody ever gets to celebrate his birthday because it’s in December. So, we want to make sure we pick a day and celebrate Pat Welch’s birthday, which happens to be today. However, you’re very fortunate to celebrate it with our wonderful Linda Hawker.

PRESIDING OFFICER: (SENATOR WELCH) I just wanted a little birthday equity in the Senate. Senator Geo-Karis, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR WELCH) Could you speak louder, Senator Geo-Karis?

PRESIDING OFFICER: (SENATOR WELCH) 66  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Thank you. There’s a cake in the front over on the Democratic side. Just don’t cut into my name. House Bill 1300. Senator Emil Jones. House Bill 1336. Senator Emil Jones. House Bill 1659. Senator Silverstein. House Bill -- 1660. Senator Crotty. House Bill 1875. Senator Cullerton. House Bill 2028. Senator Silverstein. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Silverstein.

Thank you, Mr. President. This amends the Illinois Plumbing License Law by changing the insurance requirement for contractors. A contractor -- contractor must carry general liability insurance with a hundred dollars per thousand per occurrence, a minimum of three hundred thousand aggregate for bodily injury, property damage insurance with a minimum of fifty thousand or a minimum of three hundred thousand combined single limit, and worker compensation insurance with a minimum of five hundred thousand employee’s liability -- employer’s liability.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 2028 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 58 Members voted Yes, no Members voted No, and no Members voted Present. House Bill 2028, having received the required constitutional majority, is declared passed. House Bill 2268. Senator Obama. House Bill 2587. Senator Meeks. 2587. House Bill 2981. Senator Cullerton. House Bill 3589. Senator Schoenberg. House Bill 3715. Senator Emil Jones. House Bill 3716. Senator Link. Senator Althoff, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR WELCH) 67  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 State your point.

PRESIDING OFFICER: (SENATOR WELCH) Would our guests please rise in the gallery? Congratulations from the Illinois Senate. Ladies and Gentlemen, on page 14. Top of the page. House Bill 3828. Senator John Sullivan. House Bill 3835. Senator Shadid. House Bill 3882. Senator Haine. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.

This is a bill, quite simply, which is the initiative of the -- of the State’s Attorney of Tazewell County who had an incident, some years ago, involving a methamphetamine manufacturing site which exploded, causing -- injury. What this does, quite simply, is change the law to provide a mandatory prison term if someone is so irresponsible as to make methamphetamines at a site and it -- it causes a fire injuring the firefighters who are there, the police officers, innocent bystanders. It’s -- it’s a Class 1 felony now. And I’d ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 3882 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who 68  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Members voting Aye, no Members voting No, and no Members voting Present. House Bill 3882, having received the required constitutional majority, is declared passed. Channel 20 would like permission to videotape. Is there any objection? If not, leave is granted. House Bill 3977. Senator Haine. House Bill 3979. Senator Lightford. House Bill 3985. Senator Link. House Bill 4005. Senator Emil Jones. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Emil Jones.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4005 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 58 Members voted Yes, none voted No, and none 69  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 voted Present. House Bill 4005, having received the required constitutional majority, is declared passed. House Bill 4012. Senator Munoz. House Bill 4027. Senator Martinez. House Bill 4057. Senator Munoz. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Munoz.

Thank you, Mr. President, Members of the Senate. House Bill 4057 amends the Commercial and Public Building Asbestos (Abatement) Act. Effective immediately, no person may act as asbestos air -- sampling professional, project manager or management planner unless licensed in that capacity by the Department of Public Health. Beginning January 1 of ’05, persons acting as asbestos abatement consultants must be licensed by DPH. The legislation exempts designated individuals who are employed by local education agencies and are acting as agents of that agency, as well as State agency employees, while engaged in professional duties, from asbestos consultant licensure requirement. I know of no opposition and I will attempt to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4057 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 56 Members voted Yes, 2 voted No, no Member voted Present. House Bill 4057, having received the required constitutional majority, is declared passed. House Bill 4086. Senator Cullerton. On the top of page 15, House Bill 4092. Senator Crotty. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) 70  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Senator Crotty.

Thank you very much. House Bill 4092, the purpose of the bill is to determine the scope, the magnitude and the consequences to individuals with mental illness. It asks the Department to gather all information and to -- and to collate it, not only with the State agencies, but also with the private facilities. That information would be the admissions, the discharges, the average daily census data and the legal basis for admission, average length of stay, the commitment petitions, petitions for involuntary treatment, number of -- individuals on conditional release by any State-operated facility, denials of admissions to the State-operated facilities, admissions by number of prior admissions to that facility of current admission and also the type of placement for discharged persons by category of facilities, such as jails, prisons, nursing homes, shelters, community-integrated living arrangements, family or relatives, supported or assisted housing, State-operated facilities, residential facilities or independent living. Basically, what the bill does is bring all of this information so that we can better serve persons with mental illness in a seamless way, instead of a fragmented. I would be happy to answer any questions. There is no opposition to this bill.

PRESIDING OFFICER: (SENATOR WELCH) Well, Senator Righter has sought recognition. Senator?

PRESIDING OFFICER: (SENATOR WELCH) Indicates she’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4092 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 71  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 wish? Take the record. On that question, 58 Members voted Yes, none voted No, and none voted Present. House Bill 4092, having received the required constitutional majority, is declared passed. House Bill 4099. Senator Jacobs. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill allows the Capital Development Board to consult with the Department of Commerce and Economic Opportunity to develop an Energy Efficient (Commercial) Building Code that will apply to the construction of, renovations to, and additions to all commercial buildings in the State.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Risinger.

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs. 72  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

That’s a tough one for me to answer, Senator, because I’ve never been approached by -- by the -- the Realtors. They have not mentioned any -- any opposition to me, as well as also one of our notes shows that the Manufacturers’ Association are opposed. I’ve not had any contact with them. So, I really could not respond to that question with -- with a great amount of authority. But it would seem to me that I think that when they first saw this bill, they thought it also meant residential.

PRESIDING OFFICER: (SENATOR WELCH) Senator Rutherford.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Yes. They brought -- they brought forth some proposals that we couldn’t -- didn’t feel would -- would really solve their problem or really make this any better. And so, yes, they’re still in opposition.

PRESIDING OFFICER: (SENATOR WELCH) Senator Rutherford.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Absolutely. And as a former mayor, I know that we’re very protective of -- of all of our local issues, but this is one that I feel -- it’s still going to be in local control. The 73  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 difference is, we have -- we have established some minimum standards.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sieben.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

74  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 And I’ll try to do this with a straight face. No. In -- in all candor, the -- the -- it establishes a minimum standard. If their standard is greater than the minimum standard, theirs would still remain in effect.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Thank you, Mr. President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

Senator, I am a supporter of this bill, and in fact, I’m a cosponsor. I know that some questions have been raised, and for purposes of legislative intent, I would hope that we could ask a couple of questions and get them on the record. First off, does this bill permit municipalities to adopt codes that meet or exceed the energy efficiency standards contained in the bill?

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Yes.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

The -- the Illinois Municipal League has found an agency that would be willing to provide training for implementation of this specific Code. Under this bill, would municipalities be able to adopt that Code and take advantage of the training?

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Yes. Both the definitions contained in this bill and the standards included in this bill specifically reference that Code, ASHRAE 90-1 1999 {sic} (90.1-1999). We specifically added that reference to the bill to try to assist IML’s concerns.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

75  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Thank you. Does the Capital Development Board have to approve municipal codes to establish whether they meet or exceed the standards contained in this bill?

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Not really. This determination will not require an -- involved approval process. Local governments normally adopt a model code and it will be obvious whether any given model code is as stringent as the Code referenced in the bill.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Thank you, Senator. Just one last question. Does the bill limit the power of municipalities to regulate historic buildings, residential buildings and other buildings exempt from State regulation under this bill?

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

No.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs, to close.

Ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) I’m sorry. Senator Soden.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

76  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Public buildings would be included. The only difference is -- in the reference we just made is to historic buildings, which are covered under a -- different guidelines.

PRESIDING OFFICER: (SENATOR WELCH) Any further discussion? If not, Senator Jacobs, I think, closed. The question is, shall House Bill 4099 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 45 Members voted Yes, 11 Members voted No, no Member voted Present. House Bill 4099, having received the required constitutional majority, is declared passed. House Bill 4108. Senator Harmon. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Thank you, Mr. President. House Bill 4108 creates the Addison Creek Restoration Commission which generally would be charged with addressing flooding issues around Addison Creek, which starts in my district and runs through Senator Lightford’s district. Senator Wendell Jones was kind enough to amend the bill, I believe, to address all concerns raised in committee by the Republican Caucus. And I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Senator Wendell Jones.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4108 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, no Members voted no, and no Members voted Present. House 77  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Bill 4108, having received the required constitutional majority, is declared passed. House Bill -- Senator Wojcik, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR WELCH) State your point.

PRESIDING OFFICER: (SENATOR WELCH) Welcome to Springfield. Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR WELCH) Please proceed.

PRESIDING OFFICER: (SENATOR WELCH) House Bill 4135. Senator Collins. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4135 creates the offense of child photography by a sex offender, making it illegal for a child sex offender to -- to conduct or operate any business that photographs, videotapes, or takes a digital image of a child. 78  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Under current law, child sex offenders are restricted from being in school buildings when children are present and from approaching, contacting and communicating with a child at a public park. This bill will create another restriction by prohibiting child sex offenders from being involved in the business of taking images of children. I would appreciate -- I’m open for questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4135 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, no Member voted No, none voted Present. House Bill 4135, having received the required constitutional majority, is declared passed. House Bill 4154. Senator Schoenberg. House Bill 4176. Senator del Valle. House Bill 4197. Senator Emil Jones. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Emil Jones.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4197 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 58 Members voted Aye, none voted No, and none voted Present. House Bill 4197, having received the required constitutional majority, is declared passed. House Bill 4200. Senator Silverstein. House Bill 4225. Senator Wendell Jones. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Wendell Jones.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4225 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 58 Members voted Yes, none voted No, and none voted Present. House Bill 4225, having received the required constitutional majority, is declared passed. House Bill 4227. Senator Halvorson. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Thank you, Mr. President and Members of the Senate. House Bill 4227 amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code regarding Illinois goods and services website. It would require that DCEO would establish, maintain and advertise an Internet website devoted to marketing of Illinois goods and services by linking potential purchasers with producers of goods and services who are located in the State. This was something -- an idea that was gotten from Pennsylvania. It’s been very successful. And I think it’s important that we do everything we can to encourage Illinois purchasers to buy Illinois.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4227 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 58 Members voted Yes, none voted No, and none voted Present. House Bill 4227, having received the required constitutional majority, is declared passed. House Bill 4232. Senator Sandoval. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

Thank you, Mr. President, Members of the Senate. House Bill 4232 is the Colleen O’Sullivan bill. This is a bill that has been -- is an evolution of much work that has preceded me several years back. It has -- the evolution of work has -- that has involved the participation and development and dedication of Representative Osmond and Representative Burke, as well as some 81  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 of my colleagues here in this Chamber, Senator Syverson, Senator Obama, Senator Silverstein, and my colleague, Senator Crotty, who even received the recognition by the American Heart Association last year for her efforts in trying to pass this bill, Senate Bill 777, that passed this Chamber last Session. The Colleen O’Sullivan bill basically is -- is named the Colleen O’Sullivan bill because Colleen O’Sullivan was an attorney who worked in the -- in the Speaker’s Office in the House for many years and died all the sudden of cardiac arrest working out at a sports facility in Chicago. She died several weeks later as a result of, perhaps, a -- a defibrillator not being present that would have saved her life. According to the American Heart Association and the American Red Cross, an estimated two hundred fifty thousand people in the United States die every year from sudden cardiac arrest. It’s estimated that even fifty thousand lives per year could be saved through the widespread deployment of AEDs. House Bill 42 {sic}, Physical Fitness Facility Medical Emergency Preparedness Act, is created to mandate certain indoor physical fitness facilities to have at least one properly maintained automatic external defibrillator, AED, and trained AED user on the premises. This Act allows a right of action in cases where there is a willful or wanton misconduct in connection with the use of an AED. House Bill 4232 reflects the amendatory veto’s changes of Governor Blagojevich that he made last fall to Senate Bill 777 that passed this house. House Bill 4232, the bill before us, passed out of the House unanimously. This bill -- this bill excludes golf courses, and as a result of many discussions around the economic impact of the implementation of this bill, I proactively have extended the implementation of this bill, if it passes, to the year 2006. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Radogno.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

Yes, Senator Radogno. During the committee hearing, I was asked by yourself and Senator Wojcik to consider meeting with the School Management Alliance in regards to language that may exclude the schools. I said that I would entertain the idea of meeting with the School Management Alliance and listening to what they had to say. I, in fact, have done that, and I would just have to disagree to agree -- or, agree to disagree that it is not the intention of this bill, nor was it the intention of the sponsor, nor was it the intention of the bill that passed this Chamber last year to exclude schools. So, regretfully, I was not able to entertain any language that they had proposed.

PRESIDING OFFICER: (SENATOR WELCH) Senator Radogno.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

No. They -- they did not show us -- till this very day, they have not presented any language. They have not submitted any written proposal, Senator Radogno.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

83  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Thank you, Mr. President. I move the previous question.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon moves the previous question. That’s in order. There are one, two, three, four, five speakers left. Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

Yes, sir.

PRESIDING OFFICER: (SENATOR WELCH) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

Yes, sir.

PRESIDING OFFICER: (SENATOR WELCH) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR WELCH) Senator Wojcik.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

Every school in the State of Illinois, Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

I can provide that information to you later, Senator Righter. By the way, the name is Sandoval.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

My internal -- my internal estimates is about four million dollars for the entire State.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

There are approximately four thousand buildings in the State of Illinois that will be required to provide these AEDs, Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

As the bill is written, Senator Righter, yes. 87  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

To help pay for the administration of the program.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

No, that would not be included, Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

Part of the assistance is that they will have more time to allocate into their budgets. As we are in the Fiscal Year 2004, I have proactively pushed back the date of implementation to 2006 to allow two budget cycles to go through so they can make ample budget priorities in their budgets.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator David Sullivan.

Thank you, Mr. President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

Senator, as you know, I support this bill. I voted for it last time. My father dropped dead of a heart attack at a very young age. But I do have one question for you. Do you foresee life safety funds being used to pay for AEDs in schools?

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

Senator Sullivan, in committee I agreed to work with the School Management Alliance. In discussions with them to carry out my promise, we agree that life safety funds should be a source of funding for AEDs in schools. And upon the Alliance’s request, I further agreed that I would put this formally into the record.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

Well, I’m not -- Senator Roskam, I’m not necessarily targeting the younger population, for, in fact, in regards to the schools, I’d be looking also to pay special attention and target some of our faculty, the aging faculty of the teachers in our school districts who perhaps may be saved by an AED in their facility.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

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

You asked me if this bill was targeted towards a younger population only, and the answer is no. It’s targeted to the total population of the State of Illinois of those people who 90  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 attend schools and those people who participate at sports facilities and at park recreation facilities.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval.

High school students drop dead also, Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval. 91  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

Well, Senator Roskam, it -- it may be a tough -- may be a tough price to pay to save lives. But if -- if this would have saved the life of Colleen O’Sullivan, it would have been worth it. If this would have saved the life of my sister, Socorro Sandoval, outside of the school on 55th and St. Louis, it would have been worth it. If Colleen O’Sullivan or my sister were your relative, you would be worth it.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) 92  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Ladies and Gentlemen, could we have a little of quiet? We’re having trouble hearing the speakers. Senator Sandoval, to close.

Ask for a favorable vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4232 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 31 Members voted Yes, 24 voted No, 2 voted Present. House Bill 4232, having received the required constitutional majority, is declared passed. Senator Roskam, for what purpose do you seek recognition?

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

PRESIDING OFFICER: (SENATOR WELCH) Does Senator Roskam question the presence of any Member voting in the affirmative?

PRESIDING OFFICER: (SENATOR WELCH) Is Senator Silverstein in the Chamber? Senator Silverstein. Senator Silverstein is in the back. The taller person waving. Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator del Valle. Senator del Valle is in the back of the Chamber by the telephone.

PRESIDING OFFICER: (SENATOR WELCH) On a verified roll call, there are 31 Members voting Aye, 24 Members voting No, and 2 Members voting Present. House Bill -- 4332, having received the required constitutional majority, is declared passed. With leave of the Body, we will turn to page 14. House Bill 3985. Senator Link. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Thank you, Mr. President. Just getting my notes in order. Basically, what this does, this offers language regarding services to notices -- requiring tax deeds and sales, but retains property that is offered at public tax sales may be offered only to forfeit -- forfeited to the State if there is no bids on the property. Currently, if there’s an identical simultaneous bid, the auctioneer may forfeit the property to the State. I’ll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Harmon.

Thank you, Mr. President. I rise in reluctant opposition to this bill, having great respect for the sponsor and probably should know better than to get up an debate a Leader. But I would speak to the bill. This -- this bill seeks to overturn a pro-taxpayer Supreme Court decision, and given the magnitude of that, I think it’s important to call out a few facts. I’ve read the Appellate Court opinion, which was affirmed by the Supreme Court. And some facts that are important to know, the court held that the General Assembly gave the treasurers the implicit 94  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 authority to impose the sort of rule that this bill seeks to -- to undo. This arbitrary rule, as it’s been characterized by the -- the proponents, has been exercised all of five times since it was imposed, and only, only when properties were stalled in the bidding process at the maximum penalty rate of thirty-six percent a year - the price our constituents pay to redeem their -- their properties. Perhaps the most important thing is that this rule works. Before the rule was enacted, ninety-five percent of tax bills that were sold, were sold at the maximum rate of thirty-six percent a year. With the rule in place, fewer than one percent sold at the maximum rate. When the rule was suspended based on the district court’s opinion, the rates returned right back up to the maximum. One final point, the -- the -- the threat that these properties would be forfeited to the State is really a question of legal nomenclature. They’re not actually forfeited. It’s simply disposed of. The taxes are collected through another means. So, we’re not losing the money. Again, I respect the sponsor greatly, but felt compelled to rise in opposition, and I’d ask my colleagues to vote No or Present.

PRESIDING OFFICER: (SENATOR WELCH) Senator Trotter.

Thank you very much, Mr. President. I, too, rise in opposition to this bill. It was very well articulated by Senator Harmon, but if I could, I’m going to reiterate just some small points of what this bill does. This bill is designed to overturn the rule relating to an annual tax sale that prevented noncompetitive bidding, or basically collusion by tax buyers. Prior to implementing this bill, the rule -- tax buyers made simultaneous bids for delinquent taxes at eighteen percent. The rate at which a buyer obtains a bid governs the rate a constituent would have to pay to redeem. So, as a consequence of that, this bill is an anti-taxpayer, special interest bill which will hurt our constituents. In many cases, it’ll make it too expensive for them to redeem their own property. And these delinquencies are homeowners who are not deadbeats, mind you, but may be well people who’ve just fallen to hard times. As presented by Senator Harmon, this rule was upheld by the 95  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Appellate and Illinois Supreme Courts with very strong public policy language saying that this rule helps to ensure competitive bidding, which leads to a lower cost of redemption, which, in turn, to more redemptions. This bill is opposed by the Cook County Board President, John Stroger, the Cook County State’s Attorney and the Cook County Clerk and the Cook County Treasurer. And I ask for our Members to vote No.

PRESIDING OFFICER: (SENATOR WELCH) Senator Dale Righter.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

That’s correct.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

That is correct pertaining to what types of property it is and depending on how many types of bidders there are on it. Yes, that is the way it would go.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

That -- that is correct.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Well -- well, let’s put it this way, Senator. In essence of what you’re saying is correct, but a hundred and one counties do not have a problem with this bill. A hundred and one counties are taking care of this. And I checked with my county. They have no problem with this. I’ve checked with other counties. They have no problems with this. This is working in a hundred and one counties fine. When we talk about eighteen percent, that’s the max. You’re correct. That’s the max. They could stop at fourteen percent. They could arbitrarily stop at less than twelve percent, what you’re saying. And it’s the treasurer’s determination. And in this particular case, Cook County, the treasurer arbitrarily could say, “I don’t want anything at three percent today.” So, nothing above three percent will be sold today. So, it’s an arbitrary figure by the treasurer, who is not anywhere in the statute allowed to do that, but arbitrarily allowing them to do this. What we’re doing is codifying law, saying that if an auction is what an auction is, that you sell something at an auction starting at a percentage -- we set at eighteen percent each six months. We set that ceiling at that point. We set the ceiling at eighteen percent. We could have set the ceiling at sixteen percent. We could have set it at twelve percent. We could have set it at any figure that we wanted to. We decided in the General Assembly that it would be eighteen percent. So, what -- we could have set it at any figure. But, arbitrarily, the treasurer decided on that. So, I mean, I think an auction is an auction. If two people decided that they’re not going to go below eighteen percent, I think it’s the auctioneer’s decision to decide when one of those people should be getting that piece of property.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter, could you wrap it up?

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

The tax purchasers.

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon. Hendon.

Thank you, Mr. President. And, of course, everyone knows of my close, personal association with the sponsor of this great bill, and I can’t even recall in the twelve years that I’ve been here, that I’ve -- I’ve voted against a Link bill. It’s -- you know, it’s like I’m a “Linkletter” or something. But this time I think I’m going to have to come down on the other side. And they -- I heard about the Treasurer, Maria Pappas, in Cook County. She can be a bit interesting at times, but she is quite a bright and intelligent lady and a personal friend of mine. So, I think that she might be on to something here. My question is, is -- is -- is the City of Chicago supportive of this bill or in opposition?

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

I -- I think the City of Chicago, as of maybe about ten minutes ago, might be opposed to it. And that’s what I know, but they haven’t filed any opposition. But they’re -- I think as of maybe ten minutes ago, they might be opposed to it.

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Well, I’m -- I’m certain you know that seals it for me. So, if Mayor Daley is against it, then you know how I’m going to vote.

PRESIDING OFFICER: (SENATOR WELCH) Senator -- Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) Senator -- please repeat the question, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

That is correct, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR WELCH) Thanks a lot. Senator Link, to close.

Thank you, Senator Rauschenberger. You know, obviously it’s controversial in the type of -- but, you know, a hundred and one counties, have no problem with this whatsoever. A hundred and one counties, it’s working admirably. I meant -- like I said, Senator Geo-Karis, I’ve talked to people in Lake County. They have no problem with this situation. It’s working. It’s working in the county. We have one county that it’s not. Hopefully, it can be rectified. I think it’s an arbitrary decision by one elected official. I think this can work out. I think we should give it a positive vote of a hundred and one counties that it’s a positive endeavor. I don’t think we’re hurting the taxpayers on this, and I’d look for a favorable vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 3985 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have 101  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 19 Members voted Yes, 32 Members voted No, no Member voted Present. House Bill 3985, having failed to receive the required majority, is declared lost. On page 14 is House Bill 4027. Senator Martinez. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Martinez.

Thank you, Mr. President and Members of the Senate. Today I have with me the family of Louie Limberopoulos. I have with me Angie, Christina, Amanda and Annette. For Members that were not in committee, I just wanted to give a real brief story on this. House Bill 4027, which is considered Louie’s Law, is in response to a fourteen-year-old Des Plaines boy, Louie, who was riding home on a scooter when he was struck down by -- by an SUV at an intersection. His mother and his little sister were nearby and witnessed the accident. His mother rushed to her son’s aid while the hit-and-run offender kept driving on. One week later Louie died. The driver who killed Louie was only charged with a misdemeanor because she informed police within the required one- hour reporting time, but only after making several other personal phone calls - fifty-eight minutes later. Ultimately, the driver only faced two misdemeanor charges amounting to only one year of non-reporting supervision and a five-hundred-dollar fine. Currently, any person involved in a car accident that causes personal injury or death must stop and remain at the scene of the accident. Failure to do so is a Class A misdemeanor. If the driver does -- does leave the scene of an accident resulting in death or personal injury, they are required to report it within one hour. Failure to do so is a Class 4 felon -- felony. This legislation changes the reporting-time requirement from one hour to a half an hour. Failure to do so will increase the punishment from a Class A felony to a Class 3 felony, two to five years jail time or -- 102  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 and/or twenty-five-thousand-dollar fine. Furthermore, it still retains the initial offense of leaving the accident, but increases it to a -- Class 4 felony. Current law says that you should not leave the scene of an accident, but if you do, you’ll receive some sort of break for repenting and -- and reporting the accident within one hour. What we’re doing here is a basic policy change that says it is never okay to leave the scene of an accident. Some have argued that what if you’re in the middle of nowhere and it takes time for you -- forever to get to a nearest place to report the accident, but that’s already covered under the current law that you are allowed to leave for the express purpose of seeking help. There was a concern raised in committee about an item in this bill in committee that was addressed with the adoption of Senate Floor Amendment 1 last week. What happened to this little boy is unjust -- is an injustice and a complete failure of the system top to bottom. It is ridiculous that anyone should get away with a heinous act. No human being should ever drive away from a scene of an accident, leaving someone dying or dead on the road. This is why we need to tighten up the laws on the hit-and-run accident and send a message to motorists that they will be responsible for their actions. While this -- this legislation will not bring back the son of -- of Angie, I know on behalf of the General Assembly, our condolences to this family, and -- and I hope that everyone can vote Aye and give this family some type of closure. We know that a loss of a member is not an easy thing and especially when it comes to a -- to a young boy at the age of fourteen who died, who was hit in front of his mother and his little sister. So, I would welcome any phone -- any phone calls -- welcome an Aye -- any questions. If not, I would like to have all the green lights go on.

PRESIDING OFFICER: (SENATOR WELCH) Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR WELCH) Senator David Sullivan.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This young man was killed just a couple blocks from my former office. I -- I drive by the memorial that the family has there. It’s a tremendous tragedy. This should never happen and I certainly urge everyone to support this. That’s why I’m cosponsoring it. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) Senator Dillard.

PRESIDING OFFICER: (SENATOR WELCH) Senator Martinez.

Thank you. Senator Dillard, I think that this type of legislation at least will give that person really something to think about if they leave the scene of the accident just because they’re too afraid to report it. I understand that we have seen, yes, in the -- in the newspaper and the radio -- I mean, you see -- you’ve seen it all the time where we’ve had a few lynches that have occurred because of it. I just think that no one - no one - should ever leave the scene of an accident unless they’re going to go get help. And I think that this is the purpose of this -- of this legislation. We have people that -- in this case, where the person drove away and waited fifty-eight minutes knowing that that was the law, within the hour, but did not even call the police. Called her pastor instead. I think that this gives people who do hit something on the road, let it be a person, let it be an animal, that you have to stop and see what’s going on. Now, if you do see a lynching -- group around, maybe drive away, but, you know, call the police. Make a phone call. Make sure that you didn’t leave someone dead on the road behind. And that is what the purpose of this legislation is.

PRESIDING OFFICER: (SENATOR WELCH) Senator Petka.

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise in support of the bill and just add to the great colloquy going on today on this bill that in our -- our experience, the ones who left the scene -- and I cast no aspersions on the defendant here. I -- I don’t know if this was part of the case or not, but in many instances, the reason why there’s a failure to report and there’s a fleeing of the scene is that the person is intoxicated, or they believe that they are, and they are avoiding a test to determine that because the penalty would be reckless homicide. Now, this does not -- this 106  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 reduces the time to report. And in the age of the cell phone, the instant communications that almost every American has, it seems to be, to me, not an unreasonable burden to report an accident in thirty minutes and to -- and to submit one’s self to the operation of law. And -- and, again, I -- this is a reasonable thing. I do not quarrel with Senator Petka’s description of what may be the root of this issue. But this is a good statute, a good proposed statute. It’s reasonable, and again, I do believe that the majority of those who irresponsibly flee, in the words of Senator Geo-Karis, are not fleeing mobs - although, again, I agree with Senator Dillard that has happened, unfortunately, in some areas - but they are avoiding an investigation as to whether they are impaired. So, I ask for an Aye vote also. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) Senator Martinez, to close.

Thank you to all the previous speakers. I -- I think that when you look at the fact that, as Senator Petka said, the system failed, yes, the system failed this family. And I ask that today this Chamber doesn’t fail this family. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4027. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 55 Members voted Yes, no Member voted No, and none voted Present. House Bill 4027, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, please turn to the top of page 16 where House Bill 4241 appears. Senator DeLeo. 4247. Senator Righter. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4247 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, none voted No, 1 voted Present. House Bill 4247, having received the required constitutional majority, is declared passed. House Bill 4249 {sic}. Senator Schoenberg. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.

Thank you -- thank you, Mr. -- thank you, Mr. President and Ladies and Gentlemen of the Senate. This -- House Bill 4269 provides that no identification card, Disabled Person Identification Card or driver’s license should be issued to anyone who holds a valid foreign state identification card, license or permit unless that person firsts surrenders to the Secretary of State the valid foreign identification card, license or permit. In limited circumstances, this also permits release of some identifying information. There are -- this is an -- this is supported by the Secretary of State and the State Police. Current law doesn’t require any surrender of these when applying for a State identification card. So, this is an 108  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 attempt to really eliminate any situation where an individual would hold an identification card from more than one state. I’d be happy to try to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Bomke.

PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.

My belief is proof of residence would be similar to other circumstances; for example, a utility bill or a phone bill, a gas bill, a -- a rent -- a lease, rent receipt. Same kind of documentation we require in other -- similar circumstances.

PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg, to close.

Urge an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4269 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 56 Members voted Yes, none voted No, and none voted Present. House Bill 4269, having received the required constitutional majority, is declared passed. House Bill 4280. Senator Hunter. House Bill 109  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 4283. Senator Munoz. House Bill 4285. Senator Halvorson. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Thank you, Mr. President and Members of the Senate. House Bill 4285 would lower the threshold for EDGE tax credit eligibility for businesses with one hundred or fewer employees. Specifically, these businesses would need to make one million in capital investment instead of the current five million, and hire five additional employees instead of the current twenty-five.

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

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4285 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, 58 Members voted Yes, none voted No, and none voted Present. House Bill 4285, having received the required constitutional majority, is declared passed. House Bill 4302. Senator Meeks. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Meeks.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4302 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, 58 Members voted Yes, none voted No, none voted Present. House Bill 4302, having received the required constitutional majority, is declared passed. House Bill 4318. Senator Cullerton. read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

Thank you, Mr. President, Members of the Senate. Turns out that Illinois is the only State in the nation that doesn’t have a -- a grandparent visitation bill -- statute, and that’s because the Supreme Court, in a series of three decisions, had struck down as unconstitutional our statute. Those were the Troxel, Whickham and Lulay cases. And so, one of the -- the attorneys in one of those cases, who actually was successful in turning down -- in -- in overturning the -- the statute, decided on -- on his own to draft a piece of legislation that Representative Lindner passed out of the House in an attempt to draft and fine-tune a statute that would be constitutional. And so, I believe we’ve done this. It does allow for grandparents, great-grandparents or siblings to file a petition for visitation rights, and there’s a -- a scheme that’s set up in the -- in the statute that, again, is -- is written with the Supreme Court decision in mind. There -- there would be one of five different circumstances that must exist before they could file it. There’s a presumption that the parent is fit and that their decisions regarding their visitation are not harmful to the 111  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 child’s mental and physical, emotional health, but -- the moving party would have to have -- prove that the parent’s actions regarding visitations are -- are harmful in order to prevail and there’s some guidelines that the court should consider in determining it. And it also limits the ability of the -- if the visitation rights are granted, to have them be modified by having people run -- run to the court to modify ‘em in a -- over a two-year period. So, it’s -- it’s a -- I think, a finely tuned bill. We - again, I say, we’re the only State in the nation that doesn’t have a grandparent visitation rights Act. And I believe it’s constitutional, although I’m sure it’ll be challenged, and I would ask for an Aye vote. And -- happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? Senator Lightford.

Thank you, Mr. President. To the bill: I, too, commend the sponsor and proud to join him in sponsoring this legislation. You know, in my district there’s more and more grandparents today raising their grandchildren and being responsible for the lack of their children’s involvement in their life. And I believe this would be legislation to assist in their efforts. And I, too, ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

Yes. And -- but the standard is different than the standard that we had in the -- in the law that was declared unconstitutional. The law that we had that was declared unconstitutional had the standard dealing with the best interest of the child. This standard is -- is called the “harm to the child” standard. So, it -- it would be still a very difficult standard to -- to meet. We acknowledge that. But it -- it does allow for, over the objection of one parent, the opportunity to have a visitation ordered by the court under very -- stringent circumstances.

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

Well, in -- in an effort to respond to that concern, one part of the bill deals with how often you can seek to modify a court order. So, if you were successful in -- in these limited circumstances of getting visitation rights, we’re saying, basically, over a two-year period, unless something dramatic occurs, you can’t come back to court and constantly cause the friction that can be caused with -- with these -- with these court orders being amended.

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, to close.

Yes. Thank you for your attention. I think this is a very important bill. We, again, are the only State in the nation that doesn’t have a grandparents visitation Act. We have an increasing -- an increase in the number of grandparents as our society ages, and it’ll affect almost a hundred million people, 113  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 to give them certain rights in limited circumstances. I believe it’s written in constitutional fashion, and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4318 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 58 Members voted Yes, none voted No, and none voted Present. House Bill 4318, having received the required constitutional majority, is declared passed. House Bill 4361. Senator Walsh. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Larry Walsh.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4361 creates the Fire Sprinkler Dormitory Act, which would create the Fire Sprinkler Dormitory Revolving Loan Fund, which would be jointly administered by the Office of the State Fire Marshal, State Finance -- and the State Finance Authority. The program would provide low-interest loans for the installation of fire sprinkler systems in dormitories. The funding would come from the sale of bonds. Subject to the establishment of the -- of the loan fund, would require all public and private colleges and universities to have a fire sprinkler system in their dormitories and have this planned and -- and put together by the year 2013. As a Member of the Fire Caucus, I attended a fire service meeting in -- in Tinley Park last fall, along with Representative Moffitt and Representative Mike Smith. And in our discussions, we were shocked to hear the number of dormitories that we have in this State at our universities that do not have fire sprinkler systems in them. So, this basically has been an initiative of our Fire Service Caucus, initiative that we, like we did last year, create a revolving fund, a loan fund, in order for these universities to be able to come and borrow the money, pay it back on a low- 114  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 interest loan. This bill passed unanimously out of the House, and I would be more than glad to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Risinger.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh. 115  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

Well, Senator, it’s my understanding what we would do is put together -- give all the universities the opportunity to put their plans together and come up with what they feel is going to be a necessity for taking care of the projects that they have on their respective facilities. At that time, what we would be doing then is general obligation bonds, selling the bonds to underwrite this. All of this is -- all of this depends on the administration supporting us in the appropriations and the bond sale.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh.

I have not been informed of that, Senator, but that is not the intent. And if that needs to be worked on, that would be -- I concur with your thoughts that if we are going to do this, we want the money going to -- for the purposes of what it’s supposed to be raised for, which would be totally to help the universities get this job accomplished. I would -- I would follow up with legislation, Senator, in regards to that, to make sure that that did not take place.

PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.

Thank you. I just want to remind the Members of the Body that not only is this a very sound initiative, but that this is also subject to appropriation. And that is -- and I -- I’m confident that Senator Walsh will be able to enlist the support 116  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 of the Governor for both public and private institutions to ensure that we’d be able to do this. So, I would urge my colleagues to be mindful of the fact that it’s subject to appropriation, which also means that these institutions, whether it’s Northwestern in my area or Illinois State or any other institution, that they, in turn, can also seek to raise funds from private donors so as to be able to cover the costs of this, as well. So, I would urge everybody to vote Aye. I think it’s a very responsible bill.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh, to close.

Thank you, Mr. President and I thank the Members for their interest and comment and this is a -- this is a -- a unique initiative that we are -- we are -- taking on. The Fire Service was out in Washington, D.C., just this last week, and when the Illinois Fire Service people talked about this issue in Washington, that - they were very well received. They were actually astounded that we were taking this initiative on to try and bring this act of public safety to our communities, to our colleges. We firmly believe that we are giving the universities the opportunity to work with us, tell us what they need. The University of Illinois is expending four and a half million dollars of their own money this year to provide sprinkler systems in their dormitories. I’ve received a letter from David Tretter, who is the President of the Federation of Independent Colleges, and he thanks me for my letter in regards to House Bill 4361. “The Federation is officially neutral on the bill, but we certainly endorse the idea of increased safety in Illinois independent college and university dormitories.” Yes, it’s a major undertaking, but I think it’s a move in the right direction. And I think if we all work together and administration work with us, we can come up with a model program right here in Illinois. We always talk about being forty-eighth in this and forty-seventh in that. Let’s try being number one in something. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4361 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have 117  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 52 Members voted Yes, 1 voted No, 1 Member voted Present. House Bill 4361, having received the required constitutional majority, is declared passed. House Bill 4371. Senator Obama. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Obama.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill amends the Human Rights Act to include military reservists in the definition of active military personnel who cannot be discriminated against on the basis of status. I know of no opposition. I would ask for an affirmative roll call.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4371 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 58 Members voted Yes, none voted No, and none voted Present. House Bill 4371, having received the required constitutional majority, is declared passed. House Bill 4372. Senator Larry Walsh. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4372 amends the Service Men’s Employment Tenure Act in regards to reserve members. Currently the State statute’s military service includes service with the State of 118  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Illinois pursuant to the orders of the Governor. This language is amended in order to allow the Illinois reservists who are called to federal duty by the President of the United States, that they are afforded the same protection under the Act. I know of no opposition and be more than glad to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Risinger.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4372 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, 58 Members voted Yes, none No, and none Present. House Bill 4372, having received the required constitutional majority, is declared passed. At the top of page 17 is House Bill 4393. Senator Silverstein. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Silverstein.

…President. House Bill 4393 would regulate private collection -- private child support collection agency in four additional ways. It will prohibit the private collections agency from imposing fees or charges on child support payments collected through the efforts of a government agency. It would require that they provide documentation to custodial parents demonstrating what payments resulted from the actions from the private collection -- agency. It would also prohibit them from taking any fee out of current support collections, and allows -- and allows fees for arrearage and collection. And I think -- under the bill, it would set the maximum rate -- the contingency 119  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 rate between twenty-five and thirty-five percent of child support payments collected.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Thank you, Mr. President. I actually share Senator Roskam’s anxiety with -- with much of this -- this -- the process of putting this bill together and have certainly spent much more time, I think, than I expected - I know others have too - talking to both proponents and opponents. I share Senator Roskam’s goal, too, which would be a world where custodial mothers get their money and are able to take care of their kids. But I reached a different conclusion than Senator Roskam. I think that this clearly is a system that needs to be broken, and something needs to be done. I applaud Senator Silverstein for taking on the issue, and having talked to him, I -- I believe that if we do this and it works, great. If we do this and it doesn’t work, we’ll be back to fix it, ‘cause I think we all share the -- the desire to make sure that custodial parents get the support to which they’re entitled. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I, too, share Senator Roskam’s concern. I know one of those people that was involved in -- in the testimony is from my area. And it seems like every time we stick our nose into -- to this child support issue, we end up making it worse. When we took it away from the locals and gave to the State, and then the State had to give it back. And it -- it was just a mess. It’s still a mess. And I would agree with Senator Roskam. And I’m not asking any of my Members to join me, but -- but I -- but I 121  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 will just state this: That I think that we have to offer those mothers, as Senator Roskam said, every opportunity. If they can’t get taken care of by this State that should be taking care of them, then I think they should have the ability to -- to go wherever they have to in order to get that done. And I know that the mother that testified in my area had been trying for years and was able to -- to get nothing accomplished, and when she went to the agency, she got results. She got money for her children. She had to give some up, of course, but that was her prerogative, and she swears by this and I swear by her. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Thank you, Mr. President. I have a couple of problems with this bill. First of all, I’ve asked many people to explain the current and the arrears problem and I have never gotten the same answer twice. These women have been in my office many times and I don’t think anybody in this Chamber understands the predicament that they are in. These are people that go through a divorce process and are told they’re going to get a certain amount of money, and now five, ten, fifteen years has gone past. They haven’t got it. I don’t think anybody understands what it’s like to try to put food on your plate, keep a roof over your head when you’re not getting the money you’re supposed to. The State has failed these mothers, and there’s many of them. There’s not only three or four, like were in our offices. There’s a lot. And I don’t think we should do anything that is going to impair our mothers or fathers from getting the money that is due them so they can take care of their children. So, until I can get an answer of what current and arrears are, because what I believe is nothing from nothing is nothing. And if these parents are told they’re supposed to get a certain amount of money and they haven’t and ten years has gone by, and finally someone out there is going to give them hope. They get this agency -- and you know what? That’s the other thing: This is slap in the face to smart women. Somebody said that they enter into these contracts and they don’t know that agencies are going to take a portion of this money. Shame on everybody who 122  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 thinks that these are not educated women who sit down and make a contract in good faith. They know exactly, and I’m not sure there’s one person in here that is worried about -- they don’t care that someone’s going to take a few of those dollars, because if they can get ten thousand dollars of that twelve thousand that is owed them, it is worth it. So, when we’re talking about going after money in the past that they haven’t got, we need to make sure that that stays in place. And nobody thinks that an agency should get a portion of the money going forward. That is not the problem. But if it’s the money going back, there’s no -- nothing that we should do to parents who cannot get their money.

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. After the soul-searching that Senator Harmon and others spoke about, and not contradicting any of the good points made by Senator Halvorson, Senator Roskam and others, I rise in support of this bill. There have been some changes in the bill. The -- and I speak as one that -- that ran a child support collection unit in the State’s Attorney’s Office. So, we’re familiar with these issues. And it was a very good -- agency. The -- the point of the bill is to prevent abuse of those whose judgment may be clouded by their need, their need for support. And they are not as facile as some of us in dealing -- in signing a contract or negotiating terms when they are in such need. And this regulates, basically, what might be termed contracts of adhesion, unfair agreements in the -- marketplace, and they’re unfair because people are in such need. This is not t o say that these agencies do not do good things. They do. Some of them do and some of them don’t. This is to prevent those that may be a little bit fast and loose with their clients. Now, in voting for this bill, and I said this to representatives of our Attorney General, whose support means a lot to me in voting for this bill - she -- her agency runs a child support agency also, along with many State’s attorneys of Illinois - this should be the beginning of an effort going into next year to improve, just as was indicated by Senator Halvorson 123  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 and Senator Roskam, to improve these collection efforts. And that means the Department of Public Aid has to be given the resources to give to the local State’s attorneys and our Attorney General’s Office to accomplish this so we do not have women in such need that they’re out there searching for a remedy. And that’s the -- that’s -- so I expect by my Aye vote to send a message that we want to begin the process of further improving these efforts. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR WELCH) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) Senator Silverstein. 124  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

…minutes or less. First of all, I’m going to answer your question and address everybody. The bill is really designed to protect these women and men who are trying to collect child support. You’ve got to realize that, yeah -- I -- and I agree with Peter, Senator Roskam. We have a horrible child support collection problem in this State. These companies - and -- and if you look at your analysis, it’s only one, Supportkids - charge an excessive amount of money to collect child support. Fifty, sixty percent. Whatever. What we’re doing is, we’re limiting them down to twenty-five or thirty percent. They’re staying in Illinois. As much as they tell you they’re going to leave, they’re not going to leave. This is a viable business for them. They’re just reducing the fees. That’s more money that goes back to the parent. That’s number one. And if I may address Senator Halvorson’s question and other people’s questions -- I’ll -- and I’ll go back to you is, what is current support and what is past support? Well, a court order says what’s current support and what’s past support. It’s very simple. And -- and if any money does come in, the State -- distribution agency -- State -- distribution unit would also decipher what is current in child support -- current and past support. There’s a mechanism there. That’s a flawed argument. So, Senator Luechtefeld, we’re just trying to regulate these agencies. They’re not going to leave the State. We’re just trying -- give more money back to mom or dad. That’s it.

PRESIDING OFFICER: (SENATOR WELCH) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR WELCH) Senator Silverstein.

I can’t speak for the agencies, but I don’t think they’re going to leave the State if we reduce their contingency from ten or fifteen percent. I -- I think they’ll still stay here.

PRESIDING OFFICER: (SENATOR WELCH) 125  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR WELCH) Senator David Sullivan.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. You know, I approached this issue from a -- a different perspective, I think. And I agree with Senator Silverstein that we are certainly trying to help these women. My wife was one of these women. I’m not interested in getting into the details, but -- trust me, it’s difficult. This bill simply attempts to help these women, trying to reduce the contingency fees so these women get more money for their children. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

PRESIDING OFFICER: (SENATOR WELCH) Senator Ronen.

Thank you, Mr. President. I rise in strong support of the Senator’s proposal. I think this is a very important bill and I -- was going to say that, the beginning of Senator Lauzen’s comments, I -- I totally agree with. I don’t agree with the conclusion he came to. But it is true the Department of Public Aid, under Barry Maram and Lonnie Nasatir, has made great strides in improving child -- child support collection, and we all know how important that is to families and allowing families to support their children. This bill does not do anything to stop that progress that is being made. This bill still gives women choices as to whether they use a private company or not, but sets what are reasonable standards. I think Senator Silverstein has made that very clear. So, I would urge all of my colleagues to vote Yes for this very important bill.

PRESIDING OFFICER: (SENATOR WELCH) Senator Silverstein, to close.

Thank you, Mr. President. First of all, I appreciate all the comments. Briefly, there have been numerous -- amendments issued to this bill, and the only difference between the amendment and what the -- the Supportkids has offered is that they want to take a contingency on -- current support. They have agreed to these contingencies in other amendments, and I don’t think we should take a -- a contingency on current support. So, what this bill does, basically, is two things. It helps the custodial parent by if money comes in, the first dollars that are current support, a contingency’s not given, and it limits their contingency. Now, I look at my screen and I see who’s in favor of this bill: Metropolitan Family Services, the Illinois Attorney General, the Chicago Bar Association, Chicago Council 128  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 of Lawyers, the National -- Center for Poverty Law, Appleseed Fund for Justice, Voices for Illinois Children, Department of Public Aid, Cook County State’s Attorney, and the Jewish Children’s Bureau. I see one opponent and that’s the company itself, Supportkids. I understand there’s a problem with child support, but we’re doing some good here and I would appreciate a favorable vote, Mr. President.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4393 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 44 Members voted Yes, 14 voted No, none voted Present. House Bill 4393, having received the required constitutional majority, is declared passed. House Bill 4403. Senator Halvorson. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Thank you, Mr. President, Members of the Senate. House Bill 4403 is basically just a clean-up piece of legislation from the Secretary of State. It defines peace officer. It corrects a few errors with regards to learner’s permit and a few other things. Just cleanup.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4403 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 58 Members voted Yes, none voted No, and none voted Present. House Bill 4403, having received the required constitutional majority, is declared passed. House Bill 4450. Senator Clayborne seeks leave of the Body to return House Bill 4450 to the Order of 2nd Reading for the purpose of amendment. Without objection, leave is granted. On the Order of 2nd 129  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Reading is House Bill 4450. Mr. Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne, to explain Amendment No. 2.

Thank you. Floor Amendment No. 2 retains the underlying bill and exempts any subsidiary or affiliates of banks.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in -- Senator Ronen, on the amendment? All those in -- Senator Clayborne moves the adoption of Amendment No. 2 to House Bill 4450. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4450. Senator Clayborne, do you wish to proceed? Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne.

Thank you, Mr. President, Members of the Senate. A corporation that enters into a renewable contract with a consumer that spans twelve months or more and that may automatically renew -- and that may -- automatically renew for one month or more at a time must notify the consumer in writing of the automatic renewal. This exempts bank institutions, business-to-business contracts, exempts subsidiaries or affiliates of banks, as well as Mortgage License Act of 1987.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Wojcik. 130  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

PRESIDING OFFICER: (SENATOR WELCH) Senator Carol Ronen.

Thank you, Mr. President. I want -- will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WELCH) Indicates he will yield, Senator.

Senator Clayborne, for the purpose of legislative intent, I wanted to ask you this question. Is it the intent of this legislation to apply to cemeteries and funeral homes that provide service on an as -- on an as-needed basis and that have an open account with the family until the costs are paid?

PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne.

No.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Clayborne, to close.

I thank Senator Wojcik, and I would ask for a -- favorable vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4450 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, 57 Members voted Yes, none voted No, none voted Present. House Bill 4450, having received the required constitutional majority, is declared passed. House Bill 4469. Senator Larry Walsh. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Larry Walsh.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4469 amends the Downstate Forest Preserve District Act and the Park District Code in regards to procurement of contracts. This is an initiative of the Park District Association. Now park districts have to advertise for bids for contracts of ten thousand dollars or more. This bill raises the threshold to twenty thousand. For park districts, the last increase in the minimum level of mandated competitive bidding was back in 1988. Park districts are requesting the same change that we made for counties last year. Park districts believe this change will reduce their administrative costs and save time in processing those contracts between ten thousand and twenty thousand. I'd be more than glad to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4469 pass. All those in favor, vote Aye. Opposed vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 50 Members voted Yes, 7 voted No, none voted Present. House Bill 4469, having received the required constitutional majority, is declared passed. House Bill 4475. Senator Walsh. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4475, as amended, creates the Excellence in Alzheimer’s Disease Center Treatment Act. This basically is a same piece of legislation, what we passed out of here under Senate Bill 2845. This bill came out of the House. We amended 132  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 it from the committee’s request. And I know of no opposition and would -- be glad to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4475 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, 57 Members voted Yes, none voted No, and none voted Present. House Bill 4475, having received the required constitutional majority, is declared passed. House Bill 4481. Senator Clayborne. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne.

House Bill 4481 just adds one representative from the Illinois paint and coating industry to the Lead Safety -- Lead- Safe House {sic} Advisory Council.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4481 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, none voted No, and none voted Present. House Bill 4481, having received the required constitutional majority, is declared passed. House Bill 4489. Senator Soden. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Soden.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4489 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, 57 Members voted Yes, none voted No, and none voted Present. House Bill 4489, having received the required constitutional majority, is declared passed. House Bill 4502. Senator DeLeo. House Bill 4505. Senator Collins. House Bill 4522. Senator del Valle. House Bill 4558. Senator Ronen. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Ronen.

Thank you, Mr. President. This bill relates to the problem of youth suicide, and it really started with Representative Pihos in the House who had the tragic incidents of three children on the same day committing suicide. And she put together what I think is a very comprehensive program for the State, formation of a Suicide Prevention Strategic Planning Committee, and an effort to pull together all the different resources of State government to work on this very important -- problem. Would -- know of no opposition. The Department is supportive. There is money within the Governor’s budget to support all of these activities. I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4558 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, 56 Members voted Yes, no Members voted No, none are recorded voting Present. House Bill 4558, having received 134  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 the required constitutional majority, is declared passed. On the top of page 18, House Bill 4566. Senator Collins. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4566 amends the Juvenile Court Act, giving the court discretion to expunge certain arrests and conviction records of juvenile offenses that were committed prior to a person’s seventeenth birthday. Under current law, juveniles may have their records expunged; however, the court or arresting authorities are not required to inform juveniles of this right. House Bill 4566 applies only to offenses committed prior to a person’s seventeenth birthday and does not apply to crime -- a crime committed as an adult. Under the bill, expungement will be allowed for a Class B or Class C misdemeanor, as well as petty and business offenses where the juvenile is now twenty-one years old and has no convictions since their seventeenth birthday. Expungement would also be allowed for arrest records for certain felonies, excluding first degree murder and sex offenses, where the juvenile was charged but not -- but the charges dismissed or not tried. In this case, young persons twenty-one years old with no convictions since their seventeenth birthday would be eligible to apply for expungement. And let me give you a little background. This bill is the culmination of two years of work by House Majority Leader -- or Assistant Majority Leader Lou Jones. She worked two years in conjunction with some of the proponents that have signed on to the bill: the Cook County State’s Attorney’s Office, the State Appellate Defender, ACLU, Illinois State Bar Association, Catholic Conference of Illinois, Juvenile Justice Initiative, the Department of Children and Family Services, the Voices for Illinois Children, African-American Family Commission and the Chicago Area Project. I’m open for any questions. 135  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Indicates she’ll yield, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

Only the one -- only the felonies that are charged or dismissed, or not tried. They don’t even go to trial. And that’s excluding murder and sex offenses.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

No.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

This applies -- or, this legislation applies to charges that were dismissed. Now, you’re the attorney; I’m not the attorney. And when I brought the legislation before the Judiciary Committee, you did not raise this issue. And I don’t 136  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 foresee a problem in this because these are charges that were dismissed. They never were tried. And we know how the criminal justice system works in some parts, where some individuals have been charged and later found to be not guilty or there’ve been acquittals or dismissed.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

Those are excluded.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

As I understand it, as the law is, is that these are offenses that even at this point do not allow sealing or expungement under any circumstances - sex offenses or murder.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? Senator Obama.

I have to say that that was one of Roskam’s better lines today, and I compliment him. To the bill: The -- you know, this, as I see it, went out of committee without opposition - I may be reading this incorrectly - and I think it did because this is a carefully crafted bill. This is an issue that all of us have been working on for a very long period of time. The objective is simply to make sure that those juveniles who have made a mistake one time are not permanently penalized and unable to find gainful employment, which would then drive them into unlawful activities again and increase the rates of recidivism. It is restricted to those offenses that we would consider nonviolent. I think that the reason that arrest records for murder and sex crimes has been left off is partly political, because all of us would feel vulnerable voting for such highly charged issues. And the other reason is, is it may be, for example, in sex crimes, that an arrest might not lead to a conviction but nevertheless raise some troublesome issues, and we wouldn’t want to be in a position where subsequently somebody did, in fact, commit a sex crime later and we have a Willie Horton situation on our hands. So, I think that’s an understandable response to what is admittedly a difficult situation. But I think Senator Collins and the others who’ve worked on this bill have done an excellent job. And I don’t know how John Sullivan’s voting, but at least I’m voting Aye.

PRESIDING OFFICER: (SENATOR WELCH) Senator -- Senator Collins, to close.

Well, let me say this to my colleague, Senator Roskam: I had the pleasure of working with one of your Members, Senator 138  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Petka, on this legislation, and I feel very comfortable that I have his support. So, I would -- ask all your colleagues to vote with Senator Petka, who is a prosecutor and was very helpful with drafting this legislation, to restricting it. Now -- okay -- okay -- but, maybe that I see -- now that I see he’s standing, maybe I shouldn’t have mentioned his name. But I’ll allow him to respond since I did mention his name, before I close.

PRESIDING OFFICER: (SENATOR WELCH) Senator Petka, you want to clear the record up?

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins, to close again.

I’m asking for a favorable vote, and I -- I -- I appreciate your honesty. I make my appeal not on a partisan basis or a philosophical basis. I make my appeal on a -- on a position of justice. I feel that the expungement restrictions that we have written into this bill makes it beneficial to society on a whole because we’re taking a proactive stance. Why penalize a youth for making a mistake? What this means is that he cannot only not go to college and receive financial aid, he cannot even receive employment. So this, in a way, in -- and if you look at on a cost-benefit analysis, the cost might be that you’re uncomfortable with it in the long run -- in the short run, but in the long term, it upholds a society that a person has made a mistake, come to a mature decision that he made a mistake, he’s not committed any offenses in the time from seventeen to twenty- one where he might be inhabiting the same community and dealing with the same individuals, but he’s made a decision to turn his life around. And I think we as a society should be willing to have -- a -- to accept someone’s redemption or to believe in redemption and be there to stand in support, their turn for the good that stabilizes society so that he can go on and be 139  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 productive and effective citizen in this society. So, I just ask for a favorable vote. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill -- 5566 {sic} pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 33 Members voted Yes, 21 voted No, none voted Present. House Bill 4566, having received the required constitutional majority, is declared passed. House Bill 4612. Senator Schoenberg. Yes? Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4612 is an initiative of the Illinois Public Health Futures (Institute). It -- it -- it redefines certain terms for the State Board of Health. There’s a change in the makeup of the State Board of Health, as recommended by the Department of Public Health. Namely, there’s a reduction of one by -- of the number of physicians and a reduction of one of -- and a reduction of two of the number of citizens at large from four to two. It, in turn, adds one representative of the business community and one representative of the nonprofit public interest community. And, in addition, this provides that this Health Improvement Plan will be formulated and delivered by the State Board of Health rather than by a task force. We had passed a similar bill last year and these changes have been made in concert with the administration’s wishes. And I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, the question is, shall House Bill 4612 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take 140  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 the record. On that question, there are 54 Members voting Yes, none voting No, and none voting Present. House Bill 4612, having received the required constitutional majority, is declared passed. House Bill 4652. Senator Link. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Thank you, Mr. President. This is an agreement with the Illinois Bankers Association and the Illinois Trial Lawyers and the Illinois State Bar Association. Clarify a permissive nature of Public Act 93-273 passed last year. It simply reinstates -- restates the fact that the law that -- was intended to be permissive and not a requirement on any ATM owners or operators to install reverse PIN technology at any of their ATM machines. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4652 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, none voted No, and none voted Present. House Bill 4652, having received the required constitutional majority, is declared passed. Senator Hunter, for what purpose do you seek recognition?

Mr. President, the -- the bill before this one that just passed, I mistakenly did not vote on it. 4558. I wanted -- I’m sorry…

PRESIDING OFFICER: (SENATOR WELCH) 4612?

4612. Please register me as a Yes. My -- my button, there was something wrong with it.

PRESIDING OFFICER: (SENATOR WELCH) 141  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 The record will so reflect. Senate -- House Bill 4716. Senator Walsh. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4716 amends the Property Tax Code and Mobile Home Local -- Services Tax Enforcement Act in regards to the mailing of notices. 4716 is an initiative of the Illinois County Treasurers Association. Current law provides that the county collector shall mail not less than fifteen days prior to the date he or she applies to the circuit court to have a tax sale a certified or registered notice to the person shown by the current collector’s warrant book to be the party in whose name the taxes were last assessed. House Bill -- or, excuse me, 4716 provides that the notice can be also sent now to the current owner of record. This change will make it substantially easier for the county collector to assure that the delinquent taxpayer received proper notices and their taxes are not about to be sold. I know of no opposition and would answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Are there any questions of Senator Walsh on this bill? If not, the question is, shall House Bill 4716 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, none voted No, none voted Present. House Bill 4716, having received the required constitutional majority, is declared passed. House Bill 4730. Senator Obama. House Bill 4751. Senator Dillard. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) 142  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Senator Dillard.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4751 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 56 Members voted Yes, no Member voted No, no Member voted Present. House Bill 4751, having received the required constitutional majority, is declared passed. House Bill 4769. Senator Walsh. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4769 creates the David A. Wirsing Food Animal Institute Act in regards to animal -- the food animal industry. Establishes the David A. Wirsing Food Animal Institute to review and encourage research and publish information about all aspects of the food animal industry. The Institute is governed by a board appointed by the Governor. Sets the various powers and rules of the institution, and requires the Institute to submit an annual report to the Governor, the Clerk of the House, Secretary of the Senate on the Institute’s activity of the past twelve months. Amends the State Finances {sic} Act to create the Food Animal Institute Fund as a special fund for use in furthering the -- purposes of the Institute. This is an initiative of the Illinois Pork 143  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Producers and the Illinois Beef Association. We passed a bill similar to this last year, House Bill -- 3036. And I'd be more than glad to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4769 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, no Member voted No, and none voted Present. House Bill 4769, having received the required constitutional majority, is declared passed. House Bill 4771. Senator Halvorson. Senator Halvorson? House Bill 4788. Senator Munoz. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Munoz.

Thank you, Mr. President and Members of the Senate. House Bill 4788 creates the offense of criminal street gang recruitment on school grounds as a Class 1 felony. The offense covers both the threat of force to coerce or induce a person to join or remain a member of a street gang and conspiracy to do the same. “Criminal street gang” is defined as elsewhere in the Criminal Code. “School grounds,” including buildings and real property on private or public elementary, secondary schools, 144  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 community colleges and universities. I know of no opposition. I will attempt to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4788 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, 57 Members voted Yes, none voted No, none voted Present. House Bill 4788, having received the required constitutional majority, is declared passed. House Bill 4790. Senator Dillard. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Dillard.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4790 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Members voting Yes, none voted No, and none voted Present. House Bill 4790, having received the required constitutional majority, is declared passed. House Bill 4818. Senator Obama. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) 145  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Senator Obama.

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. As I mentioned during 2nd Reading, this is a bill that Senator Vince Demuzio had introduced that I’m now carrying. It basically just adjusts the shelter care rates in effect and is an initiative of the Department. I know of no opposition. I'd ask for an affirmative roll call.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4818 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, none voted No, none voted Present. House Bill 4818, having received the required constitutional majority, is declared passed. House Bill 4487. Senator Jacobs. House Bill 4856. Senator Collins. Senator Collins seeks leave of the Body to return House Bill 4856 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. House Bill 4856 appears on the Order of 2nd Reading. Mr. Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR WELCH) We can’t hear very much. We…

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Amendment No. 1 deletes the underlying bill which requires landlords to provide a prospective tenant with an affidavit detailing utility services to be paid by the landlord. The Realtors -- this is a bill that -- the amendment I worked out with agreed language with the Illinois Realtors Association and they believe that this language should fall under the Rental Property Utility Service Act instead of the Tenant Utility Payment Disclosure Act. And I’m open to discuss it on 3rd Reading.

PRESIDING OFFICER: (SENATOR WELCH) 146  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Is there any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. On the Order of 3rd Reading is House Bill -- I’m sorry, 4856. Senator Collins. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. The new bill amends the Rental Property Utility Service Act to provide that whenever a landlord agrees to pay for any utility service - water, gas or electric - they must make timely payments to ensure that service is not interrupted. In the event the landlord does not pay in a timely manner, the bill allows tenants to terminate their lease or deduct the amount paid for the utilities from their monthly rents if they pick up the utility payment. This bill will help protect tenants from interruption in their covered utility service by ensuring that their landlords are fulfilling their obligations. Why this bill is important? This is especially important to senior citizens and low-income tenants who are depending on the utility service to be paid for by their landlord on a timely basis. This language was drafted by the Illinois Realtors Association and I have their support on this legislation. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator David Sullivan.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. As Senator Collins pointed out, this language has now 147  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 been worked out with everyone. It passed out of committee unanimously. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? If not, the question is, shall House Bill 4856 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 57 Members voting Yes, no Members voted No, and no Members are voting Present. House Bill 4856, having received the required constitutional majority, is declared passed. House Bill 4870. House Bill 4894. Senator Schoenberg. House Bill 4944. Senator Demuzio. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Demuzio.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This -- legislation creates the Technology Immersion Pilot Project and is identical to Senate Bill 2732 which passed the Senate 42-13. This three-year pilot project will provide a wireless laptop computer to each student, teacher and administrator in a participating school and will implement the use of software, on-line courses, and other appropriate learning technologies that have been shown to improve academic performance. It requires the State Board to select seven school districts and at least nine schools to participate in the project, with schools chosen from Chicago, the collar counties, and downstate. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Cronin.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? If not, Senator Demuzio, to close.

Again, I ask for your favorable vote. This is a good project and -- and it increases educational opportunities for a number of school districts within our State. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4944 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Members voting Yes, no Member voted No, and no Member voted Present. House Bill 4944, having received the required constitutional majority, is declared passed. Congratulations. House Bill -- Senator Geo-Karis, what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR WELCH) House Bill 4949. Senator Munoz. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Munoz.

149  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Thank you, Mr. President and Members of the Senate. House Bill 4949 increases the penalties for offenses committed while wearing body armor and for certain unlawful sales and transfers of firearms. It also creates a penalty scale for gunrunning based on the number of weapons transferred: one to ten weapons, Class 1 felony; eleven to twenty, Class X felony, eight to forty years; twenty-one or more firearms, Class X felony, ten to fifty years. It also increases the statute of limitation from three to six years for unlawful sale of firearms, unlawful purchase of firearms, gunrunning or defacing identification marks of firearms. I know of no opposition, and I will attempt to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 4949 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, 57 Members voted Yes, none voted No, none voted Present. House Bill 4949, having received the required constitutional majority, is declared passed. Mr. Secretary, Messages.

PRESIDING OFFICER: (SENATOR WELCH) Resolutions.

PRESIDING OFFICER: (SENATOR WELCH) Motions in Writing. Have any motions been filed?

PRESIDING OFFICER: (SENATOR WELCH) The motions will be placed on the Calendar. Resolutions Consent Calendar. We’ll now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolution on the Consent Calendar?

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The Ayes have it, the motion carries. The resolutions are adopted. Mr. Secretary, Member -- Messages from the House.

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

I rise, Mr. President, for an announcement.

PRESIDING OFFICER: (SENATOR WELCH) Proceed.

I'd like for all of you-all to -- to know that on this coming Monday, May 17th, is the fiftieth anniversary of Brown versus the Board of Ed. The Illinois Commission, which is Senate Joint Resolution 40, which I passed during the veto Session, we are -- we are -- conducting a reenactment of the 151  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/13/2004 Supreme Court ruling this coming Monday from 9 to 11 on the campus of Chicago State University. This is the very first time in the history of the State of Illinois in which we -- we have been able to get every single network station in this State to participate in this and to broadcast live. The State Board of Education, in -- in -- in -- in partnership with us, will ensure us that every school, whether it’s private and parochial, in the State will be able to view this reenactment live, as well as the students will be able to interact with us in terms of asking us questions and we’ll be able to answer questions. So, please join us. If you cannot join us on the campus of Chicago State University on Monday, please tune in to every -- any PBS station in your -- in your local area. You -- you will be able to see it. Thank you very much, Mr. President.

PRESIDING OFFICER: (SENATOR WELCH) Thank you. Senator del Valle moves to suspend the rules for the purpose of the immediate consideration and adoption of House Joint Resolution 85. Those in favor will say Aye. Opposed, Nay. The Ayes have it. The rules are suspended. Senator del Valle moves for the adoption of House -- House Joint Resolution 85. All in favor, say Aye. And opposed, Nay. The Ayes have it, and the amendment is adopted. Pursuant to House Joint -- Ladies and Gentlemen, please listen. Pursuant to House Joint Resolution 85, the Senate stands adjourned until the hour of 4 o’clock p.m. on Monday, May 17th, 2004. The Senate stands adjourned. 152