PRESIDING OFFICER: (SENATOR HALVORSON) The regular Session of the 94th General Assembly will please come to order. Will the Members please be at their seats and the guests in the galleries please rise? The invocation today will be given by Pastor Hendrik Smidderks from Knox Knolls Free Methodist Church in Springfield, Illinois.
(Prayer by the Reverend Hendrik Smidderks)
PRESIDING OFFICER: (SENATOR HALVORSON) Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Tuesday, March 1, 2005.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.
Thank you, Madam President. I move that the Journal just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions.
Senate Resolution 99, offered by Senator Crotty and all Members. It is a death resolution.
PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions Consent Calendar.
And Senate Joint Resolution 28, offered by Senator Lauzen. It is substantive.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Committee Reports.
Senator Crotty, Chairperson of the Committee on Local 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 Government, reports Senate Bills 94, 341, 453, 611, 613, 1219 and 1231 Do Pass; and Senate Bill 169 Do Pass, as Amended. Senator Munoz, Chairperson of the Committee on Transportation, reports Senate Bills 62, 127, 301, 302, 459, 534 and 612 Do Pass; and Senate Bills 54, 99 and 509 Do Pass, as Amended; and Senate Bill 303 -- re-referred to the Committee on Rules. Senator Lightford, Chairperson of the Committee on Education, reports Senate Bills 88, 277 and 767 Do Pass; and Senate Bills 87 and 297 Do Pass, as Amended. Senator Martinez, Committee -- Chairman -- pardon me, Chairperson of the Committee on Pensions and Investments, reports Senate Bills 49, 253, 336, 388, 389, 455 and 1224 Do Pass. Senators Cullerton and Dillard, Co-Chairpersons of the Committee on Judiciary, report Senate Bills 55, 452, 468, 469, 504, 516, 529, 533, 542, 562 and 1234 Do Pass; and Senate Bills 233 and 477 Do Pass, as Amended. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports Senate Bills 93, 96, 297 {sic} (397), 403, 467 and 773 Do Pass; and Senate Bills 90 and 110 Do Pass, as Amended. Senator Ronen, Chairperson of the Committee on Health and Human Services, reports Senate Bills 11, 157, 200, 201, 254, 517 and 519 Do Pass.
PRESIDING OFFICER: (SENATOR HALVORSON) Will all Members within the sound of my voice please come to the Senate Chambers? We will be going to 3rds. But at this moment, there -- we will -- there will be a Rules Committee meeting immediately in the President’s Antechamber. Senator Wojcik, for what purpose do you rise?
Thank you, Madam President. I rise for a point of personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
I have next to me my young Page, Lucas Walker. We’re happy to have him here in Springfield. And we have his grandparents up in the gallery, Andy and Judy Jakubczyk. 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Welcome to Springfield. Will our guests in the galleries please rise? Senator Sullivan, for what purpose do you rise?
Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
Thank you. Ladies and Gentlemen of the Senate, you should all have a festive green flyer on your desks inviting you all to the 3rd Annual Sullivan Caucus St. Patrick’s Day party hosted by Senator John Sullivan, Representative Ed Sullivan and myself. Lots of fun to be had by all.
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator. Senator Cullerton, for what purpose do you rise?
Purposes of an announcement.
PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.
Senator Shadid, of course, is not here because of the death of his son.
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator. Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bills 60, 172, 227, 381, 383, 404, 457, 500 and 312. All passed the House, March 1, 2005.
PRESIDING OFFICER: (SENATOR HALVORSON) House Bills 1st Reading.
House Bill 62, offered by Senator Silverstein. 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 (Secretary reads title of bill) Senate {sic} Bill 227, offered by Senators Martinez and Wendell Jones. (Secretary reads title of bill) Senate {sic} Bill 381, offered by Senators Collins and Hunter. (Secretary reads title of bill) House Bill 398, offered by Senator Crotty. (Secretary reads title of bill) House Bill 457, offered by Senators Cronin -- Senator Cronin. (Secretary reads title of bill) House Bill 500, offered by Senator Haine. (Secretary reads title of bill) House Bill 509, offered by Senator Luechtefeld. (Secretary reads title of bill) House Bill 755, offered by Senator Meeks. (Secretary reads title of bill) House Bill 765, offered by Senator Link. (Secretary reads title of bill) House Bill 973, offered by Senator Link. (Secretary reads title of bill) House Bill 1071, offered by Senator Pankau. (Secretary reads title of bill) House Bill 1134, offered by Senator Radogno. (Secretary reads title of bill) House Bill 60, offered by Senator Maloney. (Secretary reads title of bill) And House Bill 1132, offered by Senator Geo-Karis. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford, for what purpose do you rise?
Thank you, Madam President. Personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
Thank you. I almost forgot what I wanted. Ladies and 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 Gentlemen of the Senate, would you please welcome Nanda Lanka. He’s a graduate public service intern from U of I. He’s also from India. And Jeremiah Kibe. He’s from Kenya and he’s also a graduate student in accounting. Will you please welcome them to the General Assembly?
PRESIDING OFFICER: (SENATOR HALVORSON) Welcome to Springfield. Senator Burzynski, for what purpose do you rise?
Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
Thank you. In the gallery behind me today, we have a group of students that are here from the 35th Senate District - kind of a legislator shadowing day - along with their advisor, Terry McCoy. I’d like for the Senate to welcome them if they would, please.
PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests in the gallery please rise? Welcome to Springfield. Senator Burzynski needs all the shadowing he can get. Thank you. Senator Demuzio, for what purpose do you rise?
Yes, Madam President. I have with me today, Leah Morris, who will be interning with us. And her mother, I believe, is up in the gallery, and they’re from Maryville. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests in the gallery -- please rise? Welcome to Springfield. Senator Wendell Jones, for what purpose do you rise? Changed your mind? Thank you. Madam Secretary, Committee Reports.
Senator Viverito, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Re-refer to Rules Committee - Senate Bill 1545; refer to Agriculture and Conservation Committee - Senate Bills 1686, 1726, 1790, 1879, 1894, 1904 and 2088; refer to Appropriations I Committee - Senate Bills 246, 255, 260, 257 {sic} (577), 1360, 1367, 1370, 1372, 1375, 1376, 1377, 1378, 1380 {sic} (1381), 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 1383, 1384, 1385, 1386, 1392, 1396, 1397, 1400, 1401, 1407, 1409, 1411, 1412, 1415, 1416, 1423, 1424, 1437, 1439, 1451, 1462, 1463, 1470, 1478, 1880 -- pardon me, 1840, 1841, 2017 and 2070; -- I mean, pardon me, refer to Appropriations II Committee - Senate Bills 476, 1361, 1364, 1365, 1368, 1369, 1380, 1382, 1389, 1391, 1393, 1394, 1398, 1404, 1410, 1417, 1418, 1419, 1421, 1452, 1476, 1702, 1729, 1730, 1731, 1732, 1733, 1735, -- 1736, 1737, 1754, 2019, 2021 and 2083; refer to Appropriations III Committee - Senate Bills 265, 286, 298, 443, 449, 762, 1232, 1262, 12 -- pardon me, that was 1362, 1363, 1366, 1371, 1373, 1374, 1379, 1387, 1388, 1390, 1395, 1399, 1402, 1403, 1405, 1406, 1408, 1413, 1414, 1420, 1422, 1425, 1426, 1427, 1428, 1429, 1430, 1432, -- 1477, -- pardon me, 1514, 1545, 1648, 1650, 1656, 2020 and 2047; refer to Commerce and Economic Development Committee - Senate Bills 1442, 1645, 1699, 1723, 1766, 1866, 1918, 1919, 1920, 1921, 1923, 1926, 1927, 1928, 1929, 2051, 2052, 2057 and 2072; refer to Education Committee - Senate Bills 1465, 1484, 1497, 1621, 1626, 1638, 1639, 1676, 1728, 1734, 1756 -- pardon me, that’s 1753, 1763, 1802, 1803, 1815, 1817, 1847, 1848, 1849, 1850, 1851, 1852, 1853, 1854, 1855, 1856, 1886, 1887, 1906, 1931, 1972, 1973, 2032, 2096, 2097, 2098 and 2099; refer to Environment and Energy Committee - Senate Bills 1447, 1448, 1450, 1643, 1671, 1675 {sic} (1695), 1700, 1701, 1703, 1705, 1720, 1767, 1787, 1808, 1814, 1827, 1837, 1908, 1909, 1912, 1924, 1925, 1989, 1998, 2040, 2060, 2076 and 2114; refer to Executive Committee - Senate Bills 1474, 1479, 1619, 1625, 1633, 1655, 1657, 1658, 1662, 1674, 1684, 1713, 1739, 1764, 1781, 1795, 1797, 1798, 1799, 1835, 1857, 1868, 1869, 1870, 1892, 1899, 1914 {sic} (1942), 1955, 1957, 1965, 1966, 1968, 1974, 1978 -- excuse me, that was 1977, 1990, 1991, 1992, 1993, 1994, 1995, 2055, 2073, Conference Committee Report -- pardon me, I’m sorry, that’s Committee Amendment No. 1 to Senate Bill 330, Committee Amendment 1 to Senate Bill 413 and Committee Amendment 1 to Senate Bill 478; refer to Financial Institutions Committee - Senate Bills 1518, 1711, 1777, 1778, 1823, 1858 {sic} (1958), 2028, 2069 and 2092; refer to Health and Human Services Committee - Senate Bills 1438, 1461, 1466, 1467, 1468, 1469, 1489, 1507, 1508, 1515, 1516, 1517, 1620, 1624, 1651, 1665, 1677, 1678, 1679, 1680, 1698, 1725, 1773, 1774, 1862, 1863, 1872, 1875, 1878, 1938, 1954, 1982, 1984, 1986, 2001, 2062, 2068, 2078, 2091 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 and 2100; refer to Higher Education Committee - Senate Bills 1490, 1653, 1775, 1805, 1836, 1932, 1949 and 2112; refer to Housing and Community Affairs Committee - Senate Bills 1501, 1622, 1839, 1960, 1963, 1967, 1969, 2071 and 2086; refer to Insurance Committee - Senate Bills 1449, 1464, 1618, 16 -- pardon me, that was 1721, 1722, 1873, 1905, 1922, 1937 and 2016; refer to Judiciary Committee - Senate Bills 1440, 1441, 1455, 1456, 1457, 1458, 1459, 1460, 1481, 1482, 1491, 1494, 1495, 1500, 1502, 1509, 1510, 1511, 1623, 1646, 1647, 1669, 1670, 1681, 1708, 1709, 1710, 1712, 1716, 1717, 1718, 1719, 1724, 1740, 1743, 1744, 1752, 1786, 1788, 1829, 1830, 1831, 1832, 1838, 1843, 1844, 1845, 1846, 1859, 1864, 1883, 1884, 1893, 1895, 1897, 1898, 1900, 1902, 1907, 1911, 1914, 1915, 1930, 1941, 1943, 1952, 1953, 1961, 1962, 1978, 1979, 1980, 1981, 2006, 2013, 2041, 2074, 2082, 2090, 2093, 2094, 2102, 2102 -- pardon me, that was 2001 -- 2101, 2102, 2103, 2104 and 2111; refer to Labor Committee - Senate Bills 1627, 1687, 1750, 1751, 1770, 1771, 1791, 1792, 1824, 2042, 2066, 2075, 2115; refer to Licensed Activities Committee - Senate Bills 1496, 1663, 1694, 1758, 1796, 1818, 1820, 1821, 1828, 1842, 1876, 1850 {sic} (1950), 2012, 2064, 2095 and Committee Amendment No. 1 to Senate Bill 565; refer to Local Government Committee - Senate Bills 1443, 1444, 1445, 1503, 1504, 1505, 1506, 1637, 1649, 1652, 1673, 1683, 1696, 1697, 1714, 1727, 1822, 1826, 1867, 1882, 1910, 1944, 1948, 1951, 2049, 2050, 2054, 2885 {sic} (2085), 2087 and 2089; refer to Pensions and Investments Committee - Senate Bills 1446, 1486, 1487, 1488, 1600 -- pardon me, that’s 1660, 1691, 1692, 1693, 1833, 1871, 1933 and 2046; refer to Revenue Committee - Senate Bills 1454, 1472, 1473, 1512, 1513, 1664, 1675, 1682, 1704, 1707, 1715, 1761, 1765, 1793, 1810, 1816, 1834, 1860, 1865, 1877, 1881, 1935, 2029, 2030, 2048, 2053 and 2110; refer to State Government Committee - Senate Bills 1453, 1483, 1654, 1661, 1685, 1776, 1888, 1889, 1956, 1959, 2015, 2043, 2044, 2045, 2077, 2084, 2116, Conference -- I mean, pardon me, Committee Amendment No. 2 to Senate Bill 118, Committee Amendment 1 to Senate Bill 156 and Committee Amendment 1 to Senate Bill 334; refer to Transportation Committee - Senate Bills 1471, 1485, 1666, 1738, 1741, 1742, 1745, 1755, 1813, 1825, 1861, 1874, 1946, 1964, 1971, 2031, 2034, 2056 and 2105.
PRESIDING OFFICER: (SENATOR HALVORSON) 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 Senator Haine, for what purpose do you rise?
Madam President, a point of personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
Thank you, Madam President. Ladies and Gentlemen of the Senate, I wish to call your attention to a good friend from Alton, Mrs. Gina Wolter, and her daughter, Abby. Mrs. Wolter is a very active member of the Juvenile Diabetes Association in Alton area - Alton/Godfrey - very accomplished part of that group and a -- and a community leader. Abby is a brilliant young East Middle School student in the Alton Community Unit Schools. I would -- they’re here to lobby the Members of the General Assembly and -- and observe us at -- at work. I’d ask a warm welcome to Mrs. Wolter and Abby.
PRESIDING OFFICER: (SENATOR HALVORSON) If our guests in the gallery could please rise. Please stand up and be recognized. Welcome to Springfield. Okay. If everybody can turn to page 4. We’re going to be going to Senate Bills 3rd Reading. So, on Senate Bill No. 1, Senator Hunter, do you wish to proceed? Madam Secretary, read the bill.
Senate Bill 1. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.
Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 1, better known as “Ticket For The Cure”…
PRESIDING OFFICER: (SENATOR HALVORSON) Excuse me, Senator Hunter. Could we please keep it down? I appreciate it, so we can hear Senator Hunter present her bill. Senator Hunter.
Cancer is the leading cause of death in the United States for persons under eighty-four years of age. In Illinois this year, approximately nine thousand three hundred women will be 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 diagnosed with breast cancer and one thousand seven hundred and eighty will die of this disease. For women, breast cancer is the leading -- the leading cancer diagnosed, and accounts for about thirty percent of invasive cancer diagnosed in Illinois. There are a number of factors that play a role in the risk of developing cancer and receiving access to appropriate care to detect and treat cancer. These factors include, but not limited to, education, income, employment, insurance status. Cancer groups, including the American Cancer Society, is to eliminate the disparities often seen among these different racial, ethnic and socioeconomic groups. African-Americans are more likely to develop cancer than persons of any other race or ethic -- ethnic group. And, African-American women have breast cancer death rates one-third higher than their counterparts. The proportion of African-Americans diagnosed with more advanced stages of the disease is higher than Caucasians. Hispanic women are least likely of any ethnic group to use preventative services, such as pap smears, mammograms and clinical breast exams. Senate Bill No. 1, better known as “Ticket For The Cure”, is supported by the American Cancer Society-Illinois Chapter and Y-ME. Senate Bill 1 will require the Department of Revenue to begin a special instant scratch-off Lottery game titled “Ticket For The Cure”. All proceeds will go to breast cancer awareness and treatment. The Department of Public Health will grant the proceeds from “Ticket For The Cure” to public or private entities in Illinois to help with research, screening, treatments and the prevention of breast cancer. Before grants can be awarded, grant applications must be reviewed by the Ticket For The Cure advisory board which will be established as a result of this legislation, in which it will consist of ten people, in which the Governor will appoint two people and each leadership from each caucus will also appoint two people. The game is scheduled to start on July 1, 2006, or soon thereafter. This is a new game and it will enhance - I repeat - this bill will enhance the Common School Fund and it will bring new purchasers and new dollars to the school -- to this Fund. I have an analysis from the Commission on Government Forecasting and Accountability, and they are indicating that there is very minimum impact, if any, to this -- this bill. I also have a letter from Carolyn Adams, the Superintendent of the Lottery, and 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 they are taking no position at all on this legislation. Ladies and Gentlemen, I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Geo-Karis.
Madam President and Ladies and Gentlemen of the Senate, I have never bought a Lottery ticket in my life, but I’ll tell you one thing, I’m certainly going to buy a Lottery ticket for this cause. It’s very worthwhile and I commend President Jones and Senator Hunter and all the other folks that are on this bill for their efforts on it. It’s a very worthwhile cause and I certainly urge everyone to support it. What -- what else can we do? It is a serious situation. You all know that and we all know that. So, Ladies and Gentlemen, I certainly speak in favor of the bill and urge all of my colleagues on both sides of the aisle to support it.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Sieben.
Thank you -- very much, Madam President, Ladies and Gentlemen of the Senate. Commend the sponsor on her concern about the issue of breast cancer and the need to find funds to fund research on breast cancer. I know she’s very sincere in her efforts. But I reluctantly rise in opposition to this legislation. My concern is this, and I expressed this in the Executive Committee, that -- I don’t think there’s anybody in the room probably that hasn’t been touched by the issue of breast cancer. My mother died just a little over two years ago - victim of breast cancer. I’ve run in the -- the Race for the Cure. I’ve donated to the fund for the cure. I’ve walked in the walk for the cure. Where -- I think all of us have supported that. My concern is the precedent we’re setting here by establishing a Lottery game where the proceeds of the ticket sales will be separated from the Lottery funds and put into a dedicated fund. That, in -- in itself, is a reasonable mechanism to handle the sales of these tickets. And I agree with the sponsor that it will attract new players to the Lottery game. I also believe that there will be players that are playing the Lottery today that will switch, that will shift the game that they play, and 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 that by doing this, will take some money away from the existing Lottery system. Now, I don’t know what you hear from your constituents when you go out and people ask you, “What’s happened to all that Lottery money?” I thought we put the Lottery -- we authorized the Lottery in 1974 to fund education. Our schools aren’t getting enough money, and now you want to do something to start a precedent - and I think this is a dangerous precedent - starting -- creating games for very worthy causes. Nobody disagrees with the cause here. But I think there will be players that now -- as Senator Geo-Karis may start playing, there’s your new player. I think there will be other people that are currently playing the Lottery that now will switch and buy the Ticket For The Cure. The effect of that, you’re taking money away from the Education Fund. You’re taking money out of the Lottery and putting it into the cause for the cure. Worthy cause, but you’re going to lose money that could be going to education. You’re going to say to the voters, any time you’ve got a worthy cause, let’s start a new game and let’s sell a new ticket and let’s take those monies out of the -- Lottery money and put it to the cause for the cure, or for prostate cancer, or for whatever the -- the cause may be. So, I commend the sponsor, but I just don’t think in good conscience we want to start down this road where we take money away from education through people that are buying a ticket for a different cause. So, I would urge a No or Present vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones.
Thank you, Madam President. I rise in strong support of Senate Bill 1, Ticket For The Cure. And I was here when we originally passed the Lottery, and people will continue to ask, as Senator Sieben says, “Where does the Lottery go?” “Where do the funds go for education?” Each year for the last fifteen years, that fund has remained almost constant - anywhere from five-fifty to six hundred million dollars annually. So that question will always still be here. I don’t care where you go, because each year its purchasing power has been diminished. But this is an entirely new game that currently does not exist, which in turn will bring people -- will cause people to want to 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 participate in it. Now, I see on the local televisions back home, you got the Avon Walk for Breast Cancer. It -- it’s -- it’s the number one cause of -- of death among -- among so many women. And it’s not only those who are not being treated or who’re receiving the care. But it’s a issue I think we should deal with. Playing the Lottery is something that one would do voluntarily. You’re not compelled to pay -- to play it. But with the various groups around the State of Illinois and this is a means with which we can get money in for in-State research, as well as treatment programs, to bring about more awareness as to - - for women to go in and get the necessary breast cancer treatment or testing to see whether or not they have breast cancer. It’s not going to impact the Common School Fund. Matter of fact, it should enhance the School Fund, because if you go in and buy one ticket -- a new player go in, she -- Adeline may go and buy one Ticket For The Cure and they may have that big Mega Millions. She may buy three or four other tickets. And she may take you, Senator Sieben, along with her. So, I -- let’s not be so concerned about the Common School Fund. This bill will enhance the Common School Fund. And it should receive fifty-nine affirmative votes.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, Senator Hunter, to close.
I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 1 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 Yeas, 9 voting Nay, none voting Present. And Senate Bill 1, having received the required constitutional majority, is declared passed. Senator Martinez, on Senate Bill 6. Madam Secretary, read the bill.
Senate Bill 6. (Secretary reads title of bill) 3rd Reading of the bill. 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.
Thank you, Madam President. Senate Bill 6 amends the School Visitation Rights Act, requiring an employer to grant an employee unpaid leave up to twenty-four hours, currently eight hours, per school year in order to attend school conferences and other activities. It also removes provision requiring an employee to exhaust all accrued vacation leave before becoming eligible under the Act. The -- Senate Bill 6 will also expand the time allowed for parents to take unpaid leave in order to participate more in their -- children’s school activities. In addition, requiring employees to first exhaust all of their vacation time may discourage employees from pursuing this type of leave. This is why this provision is removed from the bill. Many parents need such vacation time for summer breaks and school holidays. According to National PTA, parental involvement in a child’s education is a major factor in determining success in school. Currently, through an administrative order, State employees are allowed up to twenty-four hours of unpaid leave that is similar to the provision of the bill. And one -- one important -- one important aspect of this bill is the Act applies solely to public and private employers with fifty or more employees in Illinois.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Pankau.
Thank you, Madam President. I would just like to -- alert my fellow colleagues. This bill came through the Labor Committee and there are several things that you should be aware of in the bill. It does raise the amount of hours from eight hours up to twenty-four, but there was no real evidence to show that there was a reason why we needed this drastic increase, a -- a three- fold increase. Also, presently you must use up all of your vacation pay before you’re entitled to take this eight hours. That part was eliminated from the bill. So even if you have personal days, vacation days or whatever left, you still have the ability to go up to twenty-four hours for this school visitation or -- or school activity allotment. I don’t think anybody denies that we want parents to be more involved in their schools, but I 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 don’t necessarily know that this is the way to do it. It seems like those that want to be involved are going to take the time and their employers totally understand and even give them the time. I know of many employers, if you say “My child has an XYZ activity this afternoon. Can I leave an hour early from work?” they say, “Fine. Just go. Family is important.” Family is important, but I’d be very careful of this bill. And therefore, with all due respect to the sponsor, I would ask that you consider a Present or a No vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, Senator Martinez, to close.
Thank you. Thank you, Senator. One of the -- there’s a lot of -- we talk about parent participation in school, and some -- some parents don’t have the luxury of being able to take time off work every time there’s a school activity without having to use up their time -- vacation time. I think vacation time is so important to families, because this is the opportunity they have to be able to spend -- especially during the summer months, when they can out and spend a week or two weeks with family doing some great things, going out of town and having a -- a great time with their -- with their children. I just think that when you look at the school year - some school districts have nine months, other have year round - I don’t think twenty-four hours of that given time in the whole entire year is too much to ask for -- for an employer to allow a parent who wants to be able to maybe accompany a -- a -- a child on a field trip or accompany a child to -- or -- or, coming to talk to the teachers and -- and -- and get updates on what’s going on with school. I think twenty-four hours is -- is adequate time during a school year and to an employer to allow the parent to participate in what’s going on. I don’t feel that eight hours is enough time. Parents need time on vacation, like I said, to be able to go out with their children. But I think that this is something that we need to do today to ensure those parents that can’t take the time out all the time to be able to be allowed by the employer, you know, unpaid time they can utilize to go and be with their children. And I ask for a favorable vote. 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate -- Senate Bill 6 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 33 Yeas, 23 Nays, none voting Present. And Senate Bill 6, having received the required constitutional majority, is declared passed. Senator Clayborne, on Senate Bill 29. Top of page 5. Senator Haine, on Senate Bill 30. Senator Martinez, on Senate Bill 36. Senator Martinez, on Senate Bill 36. Mr. Secretary, read the bill.
Senate Bill 36. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.
Senate Bill 36 amends the IMRF Article of the Illinois Pension Code. It allows IMRF annuitants who have taken early retirement benefits to return to service with an -- IMRF employer in cases where the employee is not required to participate, or elects not to participate, in the IMRF with respect to that employment. This bill will also allow these annuitants to take position with IMRF employers which qualify for the participation with another Illinois pension -- pension -- public pension fund, such as TRS. Certain contractual positions will still be subject to the early retirement return-to-service penalty.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Brady.
Thank you, Madam President. I stand in support of the Lady’s legislation.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, Senator Martinez, do you wish to close? The question is, shall Senate Bill 36 pass. Those in favor will vote Aye. Those 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 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 36, having received the required constitutional majority, is declared passed. Senator Cullerton, on Senate Bill 45. Mr. Secretary, read the bill.
Senate Bill 45. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
Thank you, Madam President, Members of the Senate. This bill passed unanimously out of the Judiciary Committee. It deals with the issue of -- extradition. Excuse me. This came to me from the Tazewell County State’s Attorney, Stewart Umholtz, and he has a federal prison in his county. And when a federal prisoner is released at -- to another State, where they have a sentence to finish in another state, we have to go through very expensive extradition proceedings which are unnecessary because it’s clear that the other person is going to go to prison in another state. So what this bill does is to authorize the release of federally incarcerated individuals into the custody of officers from another state where the individual has violated the terms of their parole or has an unexpired sentence in the other state, and it would save the State a lot of money. Don’t have any opposition that I know of, and be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 45 pass. Those in favor, vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. And Senate Bill 45, having received the required constitutional majority, is declared passed. Senator Peterson, on Senate Bill 53. Mr. Secretary, read the bill.
Senate Bill 53. (Secretary reads title of bill) 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Peterson.
Thank you, Madam President. Senate Bill 53 passed out of the Judiciary Committee with a unanimous vote. This bill arises out of multiple constituent concerns with competitive shooters attempting to purchase bulk ammunition at reduced prices through the mail. The FOID law is written to require that ammunition only be sold to those displaying a FOID card. Due to this language, out of State business -- businesses refuse to sell ammunition to Illinois residents. This bill allows citizens of Illinois to purchase ammunition from an out-of-state seller by providing a copy of their FOID card, a copy of their driver’s license or State ID card, and provides that ammunition be -- only be shipped to an address on one of those two documents. I know of no opposition. I ask for your support on Senate Bill 53.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 53 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 Yeas, 3 voting Nay, 1 voting Present. And Senate Bill 53, having received the required constitutional majority, is declared passed. Senator Harmon, on Senate Bill 61. Senator David Sullivan. Senator Link, on 67. Mr. Secretary, read the bill.
Senate Bill 67. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Thank you, Madam President. Senate Bill 67 changes the definition for pollution control facilities to limit the county population of -- exemptions. Currently, a facility that accepts exclusively general construction or demolition debris and, two, that is located in a county with a population of seven hundred 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 thousand or more in residents is not considered a pollution control facility and is therefore subject {sic} to the Act restricted {sic} corresponding environmental protection. Similarly various waste permits that are not required in counties with population over seven hundred thousand. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Sullivan.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill passed out of committee unanimously. I urge its support.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, do you wish to close?
I just would ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 67 pass. Those in favor will vote Aye. Those 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 Yeas, none voting Nay, none voting Present. And Senate Bill 67, having received the required constitutional majority, is declared passed. Senator DeLeo in the Chair.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady, on Senate Bill 69. Out of the record. Senator Haine, on Senate Bill 78, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 78. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill, Senate Bill 78, is an initiative of Cook County State’s Attorney Dick Devine. It brings Illinois into 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 line with a recent United States Supreme Court case and requires that all prior statements, to be admissible in court in a criminal matter, must be -- the witness who’s testifying in those statements must be under oath and subject to cross-examination. That’s all it does. There’s no opposition, that I know, on this bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank -- thank you very much, Senator. Is there any discussion? Any discussion? Seeing no discussion, the question is, shall Senate Bill 78 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? Mr. Secretary, please take the record. On that question, there are 57 Ayes, 0 Nays, 0 voting Present. Senate Bill 78, having received the required constitutional majority, is declared passed. Senator Peterson, on Senate Bill 79, sir. You wish to proceed? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 79. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Peterson.
Thank you, Mr. President. Senate Bill 79 establishes a new property tax deadline for military personnel. It extends the current thirty-day interest-free grace period to a hundred and eighty days after deactivation. It qualifies active-duty Illinois National Guards for extension. It stipulates qualifiers must be Illinois residents. It requests that reasonable effort by reservists and guards to notify county clerks and collectors of their activation to prevent property taxes being sold. It provides that reservists and guards must notify county clerks and collectors and provide verification within sixty days of deactivation. I know of no opposition to the bill and I ask for your support on Senate Bill 79.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Seeing no 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 discussion, the question is, shall Senate Bill 79 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? Mr. Secretary, please take the record. On that question, there are 58 Ayes, 0 Nays, and 0 voting Present. Senate Bill 79, having received the required constitutional majority, is declared passed. Senator Sieben, on Senate Bill 80, sir. Out of the record. Senator Susan Garrett, on Senate Bill 95. Lady wishes -- out of the record. Senator John Cullerton, on Senate Bill 102, sir. Mr. Secretary, he wishes to proceed. Please read the bill.
Senate Bill 102. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. You may recall, in -- in 2003, we passed a -- Senator Obama had a bill to ban the sale of -- of ephedrine alkaloids, ephedra. And what this bill does is to add to that as it relates to minors and it does two things. First of all, it says that -- we banned the actual sale of ephedra. What this does is to also ban the transfer or -- or -- the giving of ephedra to a minor. It also affects a minor in that it adds to the ephedra alkaloids a number of steroids. And, again, it’s limited to those who are under eighteen. Be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Seeing no discussion, the question is, shall Senate Bill 102 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 voting Nay, 0 voting Present. Senate Bill 102, having received the required constitutional majority, is declared passed. Senator Burzynski, for what purpose do you rise, sir? 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005
Thank you, Mr. President. We would request a Republican Caucus. Are we getting ready to adjourn? May I ask that?
PRESIDING OFFICER: (SENATOR DeLEO) That’s -- yes, we are, sir.
Well, we would request a Republican Caucus immediately after adjournment, please.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Do you know approximately how long it’ll be, sir?
Approximately an hour.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Before we conclude the business of the day, we’ll -- we’ll have to do some rescheduling of the committees. So just bear with us for just one second and we’ll have some committee announcements for the new times on the committees based on the Republican Caucus of one hour. At this time, I’d like to recognize Senator Silverstein. For what purpose do you rise, sir?
Purpose of announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.
The -- due to caucus, the Senate Executive -- Committee will meet at 2:30 in Room 212.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senate Executive will meet at the hour of 2:30 in Room 212. Thank you, Senator. Senator Harmon, for what purpose do you rise, sir?
Thank you, Mr. President. To make an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.
The Senate Revenue Committee will meet at 2:30 in Room 400.
PRESIDING OFFICER: (SENATOR DeLEO) 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 Thank you, Mr. Chairman. Revenue, in Room 400, at the hour of 2:30. Senator Garrett. Susan Garrett. Would you recognize Senator Garrett at Senator Link’s desk?
Thank you, Mr. President. For purpose of announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement.
State Government Committee will be meeting today at -- right after Session in A-1, Stratton Building.
PRESIDING OFFICER: (SENATOR DeLEO) State Government will meet in the Stratton Building at the hour of 2:30. At 2:30. State Government at 2:30. Senator Forby, for what purposes do you rise, sir?
Announcement, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.
Labor Committee will be at 4 o'clock in Room 400. 4 o'clock in Room 400.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator Demuzio, for what purpose do you rise, ma’am?
Yes. For purpose of an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, ma’am.
Licensed Activities will meet at 4 o'clock today.
PRESIDING OFFICER: (SENATOR DeLEO) Licensed Activities, at 4 o'clock, in A-1. Thank you very much, Madam Chairman. Senator Schoenberg. Senator Jeff Schoenberg, you have purposes of announcements, sir? Senator Schoenberg, for what purpose do you rise, sir?
Thank you, Mr. -- Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Just a minute. Just hold on one second, sir. Senator 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 Maloney, for what purposes do you rise, sir?
Purpose of announcement, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.
Senate Higher Ed Committee will meet at 5:30 in Room 400.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the Chairman has said Higher Education, in Room 400, at the hour of 5:30. Higher Ed, in Room 400, at 5:30 today. Senator Sandoval, for what purpose do you rise, sir?
Yes, Mr. President, for purpose of announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.
Like to announce that the Committee on Commerce and Economic Development will meet tomorrow morning at 9 o'clock at the Stratton Building in A-1.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator Martinez, for what purpose do you rise, ma’am?
For purpose of an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement.
The Committee on Pensions and Investment will meet today at -- in Room 212 at 6 o'clock. Subject matter.
PRESIDING OFFICER: (SENATOR DeLEO) The Committee on Pensions and Investment will meet at the hour of 6 o'clock this evening in Room 212. There will be people from the Governor’s Office making presentation. Is that correct, Madam Chairman?
I -- I would hope so, but also the people -- the pension systems will all be coming in.
PRESIDING OFFICER: (SENATOR DeLEO) 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005 Thank you very much. Subject matter only. President Jones, for what purpose do you… Senator Lightford, for what purpose do you rise, ma’am?
Thank you, Mr. President. Personal privilege, please.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.
Ladies and Gentlemen of the Senate, if I can have your attention, please. I’d like for you to give a warm welcome to the ladies of Sigma Gamma Rho Sorority, who are seated in the gallery behind me. This is a nationally known sorority that is from all over the State of Illinois, here today to focus on education, health care and criminal justice. They will be observing us and taking back our many suggestions to their communities in finding ways to impact the African-American communities. So, if you could please help me welcome the ladies of Sigma Gamma Rho.
PRESIDING OFFICER: (SENATOR DeLEO) Will our guests in the gallery please rise and be recognized? Welcome to Springfield. Senator Bomke, for what purpose do you rise, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Would you please help me welcome students from Rochester High School? They’re here to -- to testify -- or be in committee at 2:30, I guess, in Executive. One of the students wrote a letter to me earlier this year and -- and I am sponsoring a bill as a result of that. They are here to watch their -- their peer testify in committee. They’re sitting behind the Republicans. If you will help me welcome ‘em here. They’re here with their teacher, Melinda Bilyeu. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Will our guests in the galleries please rise and be recognized? And welcome to Springfield. Senator Trotter, for what purpose do you rise, sir? 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day 3/2/2005
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Thank you very much. I would like for the Body -- this esteemed Body to welcome my intern from UIS, and she’s also one of my constituents, Selena King.
PRESIDING OFFICER: (SENATOR DeLEO) Selena, welcome to Springfield. Okay. Ladies and Gentlemen, seeing there being no further business, please, again, let me please remind you that the committees will start at the hour of 2:30. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m., on Thursday, March 3rd, the year 2005. The Senate stands adjourned. 25