Illinois Senate Floor Debate — April 21, 2005

PRESIDING OFFICER: (SENATOR VIVERITO) The regular Session of the 94th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Dr. Rick Irwin, First Christian Church.

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

(Pledge of Allegiance, led by Senator Maloney)

PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, Reading and Approval of the Journal.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hunter.

Mr. 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 VIVERITO) Senator Hunter moves to approve the Journal just read by Secretary. There being no objections, so ordered. Madam Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR VIVERITO) Resolutions Consent Calendar. Madam Secretary, House - 1st Reading.

PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, Messages.

PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) To fulfill our responsibilities under Article V, Section 9 of the Constitution, we will now proceed to the Order of Advise and Consent. Secretary -- Senator -- excuse me, Senator Hendon.

Thank you, Mr. President. I move the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in the Messages from the Governor dated February 24, March 1st, March 10th, March 17th and April 8th, 2005, together with these set forth in the Message of the Attorney General dated March 9th, 2005, the Message of Secretary of State dated April 7th, 2005, and the Message from the Treasurer dated March 30th, 2005.

PRESIDING OFFICER: (SENATOR VIVERITO) 4  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 Senate -- Senator Hendon moves that the Senate resolve itself into Executive Session for the purpose of acting on appointments set forth in the Message from the Governor, dated February 24th, March 1st, March 10th and 17th, and April 8, 2005, together with those set forth in the Message from the Attorney General, dated March 9th, 2005; the Message from the Secretary of State, dated April 7th, 2005, and the Message from the Treasurer, dated -- March 30th, 2005. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Governor’s Message of February 24, 2005, I will read the salaried appointments of which the Committee on Executive Appointments recommend that the Senate do advise and consent: To be Director of the Division of Financial Institutions of Department of Financial and Professional Regulations for a term commencing July 1st, 2004, and ending January 17th, 2005: Michele Latz. To be Director of the Division of Banks and Real Estate of Department of Financial and Professional Regulations for a term commencing July 1st, 2004, and ending January 17th, 2005: Lorenzo Padron. To be a Commissioner of the Executive Ethics Commission for a term commencing October 25th, 2004, and ending June 30th, 2007: James Brennan. To be a Commissioner of the Executive Ethics Commission for a term commencing March -- I mean, October 25th, 2004, and ending June 30th, 2007: Lawrence Oliver, II. To be a member of the Pollution Control Board for a term commencing September 1st, 2004, and ending July 1st, 2007: Andrea Moore. To be a Commissioner of the Illinois Commerce Commission for 5  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 a term commencing February 1st, 2005, and ending January 18th, 2010: Robert Lieberman. To be a member and Chair of the Liquor Control Commission for a term commencing December 20th, 2004, and ending February 1st, 2006: Irving Koppel. To be a member of the Liquor Control Commission for a term commencing December 20th, 2004, and ending February 1st, 2006: John Aguilar. To be the Executive Director of the Workers’ Compensation Commission for a term commencing January 3rd, 2005: Carolyn Parks. Mr. President, having read the salaried appointments of the Governor’s Message of February 24, 2005, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointments just read from the Governor’s -- Message of February 24th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, no -- Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Governor’s Message of March 1st, 2005, I will read the salaried appointments of which the Committee on Executive Appointments recommend that the Senate do advise and consent. To be a member of the Workers’ Compensation Commission for a 6  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 term commencing March 1st, 2005, and ending January 19th, 2009: Maria Basurto. To be a member of the Workers’ Compensation Commission for a term commencing March 7th, 2005, and ending January 15th, 2007: Ilonka Ulrich. Mr. President, having read the salaried appointments from the Governor’s Message of March 1st, 2005, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of March 1st. 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 55 Yeas, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Governor’s Message of March 10th, 2005, I will read the salaried appointment of which the -- Committee on Executive Appointments recommends that the Senate do advise and consent. To be a member and Chair of the Civil Service Commission for a term commencing March 8th, 2005, and ending March 1st, 2011: Christopher Kolker. Mr. President, having read the salaried appointment from the Governor’s Message of March 10th, 2005, I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by rules? 7  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005

PRESIDING OFFICER: (SENATOR VIVERITO) Is there -- is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of March 10th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Governor’s Message of March 17th, 2005, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent. To be the Director of the Division of Insurance in the Department of Financial and Professional Regulations for a term commencing March 21st, 2005, and ending January 15th, 2007: Michael McRaith. Mr. President, having read the salaried appointment of the Governor’s Message of March 17th, 2005, I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointment just read from the Governor’s Message of March 17th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting 8  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Governor’s Message of April 8th, 2005, I will read the salaried appointment to which the Committee on Executive Appointments recommends that the Senate do advise and consent. To be the Assistant Director of the Illinois Department of Labor for a term commencing April 4th, 2005, and ending January 15, 2007: Bertoldo Rodriguez. Mr. President, having read the salaried appointment from the Governor’s Message of April 8, 2005, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of April 8th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take - - oh! Have all voted who wish? Take the record. On the question, there are 57 Ayes, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Attorney General’s Message of March 9th, 2005, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent. To be an Executive Inspector General in the office of Executive Inspector Generals {sic} (Attorney General) for a term commencing on June 30th, 2004, and ending June 30th, 2008: Diane Saltoun. Mr. President, having read the salaried appointment from the Attorney General’s Message of March 9th, 2005, I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointments just read from the Attorney General’s Message of March 9th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Secretary of State’s Message of April 7, 2005, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the 10  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 Senate do advise and consent. To be a member of the Secretary of State’s Merit Commission for a term commencing on April 7, 2005, and ending July 1st, 2011: James Taylor. Mr. President, having read the salaried appointment of the Secretary of State’s Message of April 7, 2005, I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointments just read from the Secretary of State’s Message of April 7th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting -- Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Governor’s Message of February 24th, 2005, I will read the non-salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent. To be members of the Illinois Committee on Agricultural Education for a terms commencing December 20th, 2004, and ending March 13th, 2006: David Cattron, Kevin Daugherty, John Kabat, Russell Leman, Michael Massie and Charles Olson. To be a member of the Capital Development Board for a term commencing August 16, 2004, and ending January 15th, 2007: Michael Chin. 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 To be a member of the Central Midwest Interstate Low-Level Radioactive Waste Commission for a term commencing August 9th, 2004, and ending January 17th, 2005: Mary K. O’Brien. To be members of the Eastern Illinois University Board of Trustees for terms commencing August 18th, 2004, and ending January 15th, 2007: Roger Kratochvil and Leo Welch. To be a member of the Eastern Illinois University Board of Trustees for a term commencing August 18, 2004, and ending January 17, 2005: Robert Webb. To be members of the State Board of Education for terms commencing September 15th, 2004, and ending January 15th {sic}, 2007: Andrea Brown, David Fields, Ed Geppert, Vinni Hall, Brenda Holmes and Chris Ward. To be a member and Chair of the State Board of Education for terms commencing September 15th, 2004, and ending January 15th {sic} (10), 2007: Jesse -- Ruiz. To be a member of the Department of Employment Security Advisory Board for a term commencing August 9th, 2004, and ending January 17th, 2005: Kim Maisch. To be members of the Health Facilities Planning Board for terms commencing October 25th, 2004, and ending July 1st, 2005: Courtney Avery and Robert Winters -- Ronald Winters. To be a member of the Health Facilities Planning Board for a term commencing September 23rd, 2004, and ending July 1st, 2006: Susana -- Lopatka. To be a member of the Health Facilities Planning Board for term a commencing November 22nd, 2004, and ending July 1st, 2006: Eugene Verdu. To be a member and Chair of the Health Facilities Planning Board for a term commencing September 23rd, 2004, and ending July 1st, 2007: Glen Poshard. To be a member of the Joliet Arsenal Development Authority for a term commencing February 23rd, 2004, and ending January 15th, 2007: Warren Dorris. To be a member of the Kaskaskia Regional Port District Board for a term commencing October 8th, 2004, and ending June 30th, 2005: Michael Conrad. To be a member of the Department of Labor Advisory Board for a term commencing December 6th, 2004, and ending -- January 16th, 12  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 2006: Raymon Whitney. To be a member of the Metropolitan Pier and Exposition Authority for a term commencing August 18th, 2004, and ending June 1st, 2009: James Riley. To be a member of the Board of Natural Resources and Conservation for a term commencing January -- I mean, September 6th, 2004: Phyllis Whitlock. To be a member of the Northeastern -- Illinois University Board of Trustees for a term commencing December 7th, 2004, and ending January 19th, 2009: Walter Dudycz. To be the Public Administrator and Public Guardian of Douglas County for a term commencing July 19th, 2004, and ending December 3rd, 2005: Kristi Heath. To be a member -- to be the Public Administrator and Public Guardian of Richland County for a term commencing October 4th, 2004, and ending December 3rd, 2005: Walter Buss. To be the Public Administrator and Public Guardian of Rock Island County for a term commencing August 9th, 2004, and ending December 5th, 2005: Linnea Thompson. To be the Public Administrator and Public Guardian of Crawford County for a term commencing December {sic}(August) 10th, 2004, and ending December 4th, 2004: Dana Tylka. To be a Member of the Illinois Racing Board for a term commencing August 16th, 2004, and ending July 1st, 2010: Timothy Martin. To be members of the Illinois Racing Board for terms commencing September 4th {sic} (14), 2004, and ending July 1st, 2010: William Farley and Jonathan Metcalf. To be a Member and Chair of the Illinois Racing Board for -- for a term commencing August 16th, 2004, and ending -- July 1st, 2010: Lorna Propes. To be a member of the Southern Illinois University Board of Trustees for a term commencing December 1st, 2004, and ending January 15th, 2007: Keith Sanders. To be members of the Advisory Council on Spinal Cord and Head Injuries for terms commencing August 4th, 2004: Philicia Deckard and John Eckert. To be a member of the Advisory Council on Spinal Cord and Head Injuries for a term commencing December 1st, 2004, and 13  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 ending June 30th, 2006: Martin Herman. To be a member of the Tri-City Regional Port District Board for a term commencing July 26th, 2004, and ending May 31st, 2007: Joseph Schuler. To be a member of the Tri-City Regional Port District Board for a term commencing July 21st, 2004, and ending May 31st, 2007: Steven Signall. To be a member of the University of Illinois Board of Trustees for a term commencing January 11th, 2005, and ending January 1st {sic} (10), 2007 {sic} (2011): Kenneth Schmidt. To be a member of the Western Illinois University Board of Trustees for a term commencing December 16th, 2004, and ending January 17th, 2005, and for a term commencing January 18th, 2005, and ending January 17th, 2011: Bill Edley. To be a member of the Workforce Investment Board for a term commencing August 16th, 2004, and ending July 1st, 2006: Michael Johl. To be a member of the Workforce Investment Board for a term commencing December 6th, 2004, and ending July 1st, 2006: Ron Whitley. Mr. President, having read the non-salaried appointments from which the Governor’s Message of February 24th, 2005, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) A motion has been filed requesting that a separate vote be taken on Lorna E. Propes to be a member and chair of the Illinois Racing Board. Being supported by a required number of sponsors, that motion is in order and a separate vote will be taken on Lorna E. Propes. In the matter of the appointment of Lorna E. Propes to be a member and chair of the Illinois Racing Board, is there any discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Thank you very much. I appreciate the remarks of Senator Lauzen. I do want to just inform the Body that the nomination of Lorna Propes did pass out of Executive Appointments bipartisan and unanimously. I think Governor Ryan made the right choice and so has Governor Blagojevich.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton.

Thank you, Mr. President, Members of the Senate. I’m not aware of the facts concerning Senator Lauzen’s contact with Lorna Propes. But let me just tell you this. I’ve known this lady since I was in law school. She is a brilliant, brilliant lawyer, is incredibly dedicated to the horse racing industry. She has, I think, a particular affection, if you will, for the horsemen. She -- she’s a horse owner. She is a prominent -- nationally prominent attorney both for plaintiffs and defendants and she is a person of incredible character that -- and you know that I sponsored some legislation dealing with horseracing. I’ve been working with her this Session. She called me all the time to find out about how this legislation, which she thinks would protect the industry, has been doing. I can’t think of a better, more dedicated person to be the Chairman of this Board. She is independent. She is one who is -- balances the interest of the tracks and the horsemen, which is always a contentious thing. And so I -- I’m not aware of the incident that the Senator 16  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 referred to, but I would highly recommend that we do the right thing and -- and support her for this appointment.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Sandoval.

Thank you, Mr. President, Members of the Senate. I also stand and rise in support of Lorna Propes’ Senate appointment -- or, confirmation of her appointment. Lorna Propes -- I echo the sentiments and the words of Senator Cullerton, my colleague. I’ve had the experience over my last two years of working with Chairman Propes and the -- the Gaming Board and I’ll tell you, besides the -- the compliments and the -- and the praises that Senator Cullerton and recommendation that he gave towards her, I stand here -- I had -- I’ve had many a difficult situation trying to protect the -- the public health and safety of the backstretch workers at the race tracks, both at Hawthorne and Arlington and throughout the State of Illinois. Here is a woman who has demonstrated her leadership in trying to almost serve kind of like -- kind of like, to a certain extent, like the Kofi Annan, between the racetrack owners and the backstretch workers. She has -- she has put herself in the middle in trying to protect the public health and safety of all the workers at all the racetracks, at the same time try to keep a -- a professional and objective perspective on the gaming industry. So, I stand in support. Here’s a woman who has been a big advocate of Latino community and backstretch workers throughout the State of Illinois. And I support her nomination.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any more discussion? Seeing none, the question is, does the Senate advise and consent to the appointments just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 35 Ayes, 19 Nays, 2 voting Present. A majority of the Senators have elected, concurring by record vote, the Senate does advise and consent to the appointments of Lorna E. Propes to be a member and chair of the Illinois Racing Board. In the matter of the appointments of the other non-salaried appointees named in the message of February 24th, is there any discussion? Seeing none, 17  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 the question is, does the Senate advise and consent to the appointments just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Governor’s Message of March 1st, 2005, I will read the non-salaried appointments to which the Committee on Executive Appointments recommend that the Senate do advise and consent. To be a member of the Illinois Finance Authority for a term commencing February 28th, 2005, and ending July 17th {sic} (30), 2006: Bradley Zeller. To be a member of the Illinois Medical Disciplinary Board for a term commencing February 28th, 2005, and ending January 1st, 2007: Tariq Butt. Mr. President, having read the non-salaried appointments from the Governor’s Message of March 1st, 2005, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of March 1st. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. A majority of the Senators elected 18  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Governor’s Message of March 10th, 2005, I will read the non-salaried appointment of which the Committee on Executive Appointments recommend that the Senate do advise and consent. To be a member of the Illinois Education Funding Advisory Board for a term commencing March 8th, 2005, and ending January 21st, 2008: Arthur Berman and Ramon Cepeda. To be a member and Chair of the Education Funding Advisory Board for a term commencing March 8th, 2005, and ending January 16th, 2006: Steve Demitro. To be a member of the Illinois Education Funding Advisory Board for a term commencing March 8th, 2005, and ending January 19th, 2009: James Dougherty. Mr. President, having read the non-salaried appointments from the Governor’s Message of March 10th, 2005, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of March the 10th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports. 19  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Governor’s Message of March 17th, 2005, I will read the non-salaried appointments of which the Committee on Executive Appointments recommend that the Senate do advise and consent. To be a member of the Affordable Housing Advisory Commission for a term commencing March 14th, 2005, and ending October 1st, 2007: Thomas Smith. To be a member of the Education Funding Advisory Board for a term commencing March 14th, 2005, and ending January 19th, 2009: Anne Davis. To be members of the Workforce Investment Board for terms commencing March 14th, 2005, and (ending) July 1st, 2006: Anne Ladky, Brooks Lockhart, John Rico and Beverly Williams. Mr. President, having read the non-salaried appointments from the Governor’s Message of March 17th, 2005, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of March 17th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Governor’s Message of April 8, 2005, I will read the non-salaried appointments of which the Committee on Executive Appointments recommend that the Senate do advise and consent. To be a member of the Illinois Finance Authority for a term commencing April 6th, 2005, and ending July 17th, 2006: James Fuentes. To be a member of the Illinois Gaming Board for a term commencing March 21st, 2005, and ending July 1st, 2006: Charles Gardner. To be a member and Chair of the Illinois Gaming Board for a term commencing March 21st, 2005, and ending July 1st, 2007: Aaron Jaffe. To be a member of the Illinois Gaming Board for a term commencing March 21st, 2005, and ending July 1st, 2007: Eugene Winkler. Mr. President, to be a member of the State Board of Investment for a term commencing April 6th, 2005, and ending January 19th, 2009: Ronald Powell. To be members of the Southeastern Illinois Economic Development Authority for terms commencing March 30th, 2005, and ending January 21st, 2008: Samuel Mateer, Dan Ramey and James Rippy. To be members of the Southeastern Illinois Economic Development Authority for terms commencing April 6th, 2005, and ending January 18th, 2010: William Crain and D.R. Smith. To be a member of the University of Illinois Board of Trustees for a term commencing March 28th, 2005, and ending January 10th, 2011: David Dorris. To be members of the Workforce Investment Board for terms commencing March 21st, 2005, and ending July 1st, 2006: Tom Ashby, Rosalind Bruce, Earl -- Moldovan and Michael Perry. Mr. President, having read the non-salaried appointments 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 from the Governor’s Message of April 8th, 2005, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of April 8th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Mr. President, with respect to the Treasurer’s Message of March 30th, 2005, I will read the non-salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent. To be a member of the Treasurer’s Personnel Review Board for a term commencing March 30th, 2005, and ending March 30th, 2011: Andrea Grubb Barthwell. Mr. President, having read the non-salaried appointment from the Treasurer’s -- from the Treasurer’s Message of March 30th, 2005, I -- I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointments just read from the Treasurer’s Message of March 30th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who 22  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, that are -- there are 57 Yeas, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Senator Hendon.

Thank you, Mr. President. I move that the Senate arise from Executive Session.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon moves that the Senate arise from the Executive Session. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate has arisen from Executive Session. Senator Hendon.

Thank you, Mr. President. Purpose of announcement. Just wanted everyone to know I really appreciate the eight players who showed up yesterday for softball practice. We look pretty good. We’re going to do it again next week. Please bring your gear. We’re playing a game, a playoff game, against the lobbyists. So, let’s pound on the lobbyists. They won’t show us any mercy just because we have to vote on their bills and I want to say that Mike Jacobs can really play. He’s a good addition and we’re so glad that Barrack Obama went to the U.S. Senate, because now we have a speedster in the outfield by the name of Kwame Raoul. So, we’re going to put a great team together. We need everyone who’s going to come. Bring everything next week and we have our game either Wednesday or Thursday. Thank you.

PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator. Senator Halvorson.

Thank you, Mr. President. I’d like the record to reflect that Senator Ira Silverstein is not in attendance due to illness.

PRESIDING OFFICER: (SENATOR VIVERITO) Thank you. Record will reflect. Ladies and Gentlemen, for your information we will go into the Order of 3rd Reading Senate Bills. We will be hearing only those bills that have a deadline extended and will have a Floor Amendment approved for consideration. We will be starting on page 5. Senate Bill 14. Senator Harmon. Senator Harmon seeks leave of the Body to return 23  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 Senate -- House Bill -- I’m -- Senate Bill 14, excuse me, to the Order of 2nd Reading for the purpose of an amendment. Hearing no objections, leave is granted. In the Order of 2nd Reading is Senate Bill 14. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Jones, to explain your amendment. Senator Jones, to explain your amendment.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon.

Sorry, Mr. President. We’re just making sure we have the right amendment that was reported out of -- Mr. President, when was Amendment No. 2 reported out of the Committee on Commerce and Economic Opportunity?

PRESIDING OFFICER: (SENATOR VIVERITO) Give us one moment, Senator. We’ll get right back to you. We’ll take this out of the record for the moment, Senator. On the bottom of page 7. Senate Bill 239. Senator Clayborne. Senator Clayborne seeks leave of this Body to return Senate Bill 239 to the Order of 2nd Reading for the purpose of an amendment. Having -- hearing no objections, leave is granted. In Order of 2nd Reading is Senate Bill 239. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Clayborne, to explain your amendment.

Thank you, Mr. President and Members of the Senate. Floor Amendment No. 1 to Senate Bill 239 deletes and replaces the underlying vehicle with language that permissively authorizes the ICC to prescribe uniform rates across the customer base of two or more public utilities as long as those utilities are under the same public utility holding company or affiliated with one 24  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 another.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Clayborne moves the adoption of Amendment No. 1 to Senate Bill 239. All those in favor will vote -- say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Now in the Order of 3rd Reading, Senate Bill 239. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Clayborne.

Thank you, Mr. President. And -- and I just explained the bill, but this allows Ameren to seek a uniform rate between AmerenCIPS, AmerenCILCO and AmerenIP. And just for the record, the difference between the top rate and the bottom rate is two- tenths of one cents. I would ask for your favorable vote.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill passed out of committee unanimously. Not only does it have a terrific -- sponsor, but it’s got a great chief co-sponsor. I urge its support.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Halvorson.

Thank you, Mr. President. I have a question of the sponsor.

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

Senator Clayborne, I just have one question. I know that 25  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 IBEW is against this, because they feel like with you consolidating the three Amerens that it might consolidate some jobs and they may lose jobs. Is -- is that -- can you explain that for me, please?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Clayborne.

Well, we’re not -- we’re not consolidating the three Amerens. We’re consolidating their rate. In -- in testimony Ameren officials testified that this had only to do with rate. Had nothing to do with employment, reducing jobs or any of that. It’s just dealing with the rates. In fact, in -- in -- in committee no one came forward to testify in opposition and they were given that opportunity.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator -- Halvorson.

Well, thank you for that clarification. And then I -- stand in strong support. Because anytime government can simplify anything I think it’s a step in the right direction.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there anymore discussion? Seeing none, the question is, shall Senate Bill 239 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 46 Yeas, none {sic} (8) voting Nay, 2 voting Present. Senate Bill 239, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to Senate Bill 14, Senate -- Senator Jones. Oh! Seeks leave of this Body to return to -- Senate Bill 14, in Order of 2nd Reading for the purpose of an amendment. Hearing no objections, leave is granted. Is -- on the Order of 2nd Reading is Senate Bill 14. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Jones, to explain the amendment.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon.

Thank you, Mr. President. With leave of the Body, may we table Amendment No. 2?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon -- 2 be tabled. The motion is always in order. Those in favor will vote Aye. Opposed -- say Aye. Those opposed, Nay. The Ayes have it, and -- and Amendment 2 is tabled. Senator Harmon, explain Amendment 3. Madam Secretary, are there any further amendments?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon, explain the amendment.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The amendment to Senate Bill 14 becomes the bill and addresses concerns raised in committee. I’d be happy to discuss the full bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR VIVERITO) Are there any discussions? Seeing none, Senate Bill 14 -- Senator Harmon moves the adoption of Amendment 3 to Senate Bill 14. All those in favor will vote -- say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Is there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Now, on the Order of 3rd Reading, Senate Bill 14. Senator -- Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon. 27  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005

Thank you, Mr. President, Ladies and Gentlemen of the Senate. And thank you, President Jones, for asking me to present this bill on your behalf. Senate Bill 14 is an effort to encourage venture capital investment in Illinois. Venture capital investment in our State is a good thing. It promotes small businesses. It creates jobs, the kind of good jobs we’d like to see here in Illinois. Jobs with growth companies in emerging markets and in new technologies. It sends a positive message to the capital markets and it generates tax revenue for our State. What we would do -- do to encourage this sort of investment here in Illinois through Senate Bill 14 is to create the Illinois Opportunity Fund to encourage venture capital in -- in Illinois, in particular, in the urban and rural areas of the State that are traditionally underserved by the capital markets. This would be an effort to pool private money and invest it in venture capital funds that invest in Illinois. The mechanics are fairly simple. The Department of Commerce and Economic Opportunity will create the Illinois Capital Investment Corp., a private not-for-profit entity governed by a seven-member board of directors appointed by the Governor, but approved by the Senate. And those appointments must reflect the diversity of the State. The board will set policy -- investment policy and criteria and competitively select fund managers. The goal is to raise two hundred million over five years. The investors in the Illinois Opportunity Fund would receive a conservative rate of return and that investment will be secured by a contingent tax credit if, and only if, the Illinois Opportunity Fund cannot repay principal and interest. It is modeled after a program in Oklahoma, which also use contingent tax credits. Since 1993, no tax credits have been redeemed. I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR VIVERITO) The Senator will yield. 28  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon.

Thank you, Mr. President. Yes, Senator. It’s much more like in the nature of a bond than it is in the nature of a stock investment. The -- the principal is secured by the contingent tax credit so that the investor has -- has no real downside. At the same time the -- the -- the return on the investment is limited to a conservative rate of return. So the upside is limited as well.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon.

There -- it is clearly secured by a contingent tax credit, but let me be clear, it is in the nature of a bond instrument. It is not a bond and is not, in my view, debt.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Rauschenberger, for the third time.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon.

Thank you, Mr. President. In brief response, again, this is not a bond instrument. It is not State debt and modeling it after the Oklahoma program where in twelve years no tax credit has ever been exercised I do -- I believe it is an important mechanism, but practice in other states suggest it will not be utilized.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Brady.

PRESIDING OFFICER: (SENATOR VIVERITO) Sponsor will yield.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon.

Investors who invest in the Illinois Opportunity Fund will receive a contingent tax credit as a part of their investment -- it’s exercisable only if the fund cannot repay principal and interest as scheduled.

PRESIDING OFFICER: (SENATOR VIVERITO) Turn your light on. Senator Brady.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon.

Thank you, Mr. President. Senator Brady, I think you may misunderstand the mechanics. The investor puts money into the Illinois Opportunity Fund and then is repaid from the proceeds of the investments. So the investor puts money in, say ten thousand dollars or a hundred thousand dollars. That investor is repaid from the -- the proceeds and profits of the fund. The contingent tax credit is exercisable only if down the road there’s no repayment. And the -- the -- there’s no -- there’s no benefit to the investor over and above what the investor has put in plus the conservative rate of return promised. So, there’s really no -- there -- there -- there’s no benefit here. There’s -- the -- the -- the scenario you’ve painted just doesn’t make much sense.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Brady.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon.

Thank you, Mr. President. The -- the notion of payback just doesn’t make sense here, Senator. And -- and I apologize if we’re talking around each other. If you were to invest ten thousand dollars and the -- the rate of return promised you was four percent, again, we are talking about modest expectations here. The investors do not share in the upside potential of the venture capital investments downstream. They are limited to the fixed rate of return in the initial investment. So, the most that they could get would be their money, plus their four percent. They could easily make an alternative investment in a more lucrative vehicle. The reason we are using the tax credit is to encourage them to put their money into a fund that will not pay the sorts of dividends they might get elsewhere, but would have a compelling public policy benefit to the State of Illinois.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Brady.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon.

The -- the investments are going to be managed by -- or -- or, received by a private not-for-profit corporation managed by a board that we in the Senate approve. There’s no direct tie to the Governor’s -- and, again, I just -- I think -- your underlying premise still doesn’t make sense. There -- the benefit that you are suggesting, we are distributing, is not really that kind of a benefit.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Brady, we’d appreciate it if you could wrap up, because we have two more speakers. 32  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Sandoval.

Thank you, Mr. President, Members of the Chamber. I stand in support of Senate Bill 14. This is a good bill. This bill passed unanimously out of the Committee on Commerce and Economic Development. Full bipartisan support. It’s a good bill sponsored by President Jones and Senator Harmon, as well as, myself and a number of Members of this Chamber. Just wanted to - - remind everyone that Illinois ranks eighteenth among states based on -- venture capital as a percentage of the total State gross product. And Illinois also ranks thirteenth in number of jobs supported by venture capital backed by companies. We want to keep Illinois strong and sound. We need to keep jobs. We need to trigger the economy, create jobs both for southern Illinois, central Illinois and in Cook County. I’m -- stand in support of this bill and I ask Members on both sides of the aisle to -- to vote green.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Jacobs.

Madam Secretary, Ladies and Gentlemen of the Senate, I also rise in strong support of this bill. You know, I live on the Iowa border and Iowa has a Value Fund that is created by venture capitals. And I have to tell you that I’m -- somewhat 33  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 embarrassed that my friends in Iowa have beat us to the punch. And irregardless of who get these funds they’re very important, because if we don’t create jobs in this State we won’t be able to do the things that we need to do. So, I stand in strong support of this bill. Senator Jones and -- and Donnie Harmon have put together an excellent bill.

PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator. Senator Lauzen.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon, to close.

It’s time for Illinois to move to the next step, and I ask for your Aye votes.

PRESIDING OFFICER: (SENATOR VIVERITO) The question is, shall Senate Bill 14 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 the question, there are 49 Ayes, 6 voting Nay, none voting Present. Senate Bill 14, having received the required constitutional majority, is declared passed. On the bottom of page 10. Senate Bill 507. Senator Clayborne. Out of 34  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 the record. On the top of page 12. Senate Bill 851. Out of the record. Senate Bill 1828. Senator Righter. Senator Righter seeks leave of this Body to return Senate Bill 1828 in Order of the 2nd Reading for the purpose of an amendment. Having no objections, and leave is granted. Is there any objections? In - - in -- in the Order of 2nd Reading is Senate Bill 1828. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter, to explain your amendment.

PRESIDING OFFICER: (SENATOR VIVERITO) State your inquiry.

PRESIDING OFFICER: (SENATOR VIVERITO) One moment. We will take this out of the record and we will come back -- come back to it, Senator. Senate Bill 1965. Senator Hendon. Senator Hendon seeks leave of the Body to return to Senate Bill 1965 in the Order of 2nd Reading for the purpose of an amendment. Having no objections, leave is granted. In Order of 2nd Reading is Senate Bill 1965. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon, to explain your amendment.

Thank you, Mr. President. Amendment No. 2 was supported in the committee one hundred percent bipartisan. It just strengthens the tax credit bill for -- to bring more movies here. Gives them a credit for using vendors from disadvantaged communities.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Senator Hendon moves the adoption of Amendment 2 to Senate Bill 1965. All those in favor will vote 35  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 -- say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR VIVERITO) Now, in the order -- no. 3rd Reading. Now in the Order of 3rd Reading, Senate Bill 1965. Madam Secretary will read the bill.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.

Thank you. I appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR VIVERITO) The question is, shall Senate Bill 1965 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 the question, there are 54 Ayes, 1 voting Nay, none voting Present. Senate Bill 1965, having received the -- required constitutional majority, is declared passed. Senate Bill 1828. Senator Righter seeks to -- leave of this Body to return to Senate Bill 1828 to the Order of 2nd Reading for the purpose of amendment. Having no objections, leave is granted. Is there any -- in order -- on the Order of 2nd Reading is Senate Bill 1828. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter, to explain your amendment.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Righter moves the adoption of Amendment 3 to Senate Bill 1828. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Now, on the Order of 3rd Reading, Senate Bill 1828. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter.

PRESIDING OFFICER: (SENATOR VIVERITO) 37  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 Senator Demuzio.

Thank you, Mr. President. I do have a question of the sponsor. Senator Righter, could you tell me, do we have a personal guarantee here today that this -- that discussions on this issue will be continuing and it -- when this bill comes back?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Demuzio.

Yes. I have another question of the sponsor.

PRESIDING OFFICER: (SENATOR VIVERITO) He indicate he -- he will yield.

Also, Senator, could you tell me is it your intent to continue looking into the issue of the third-party prescription program that’s covered under these terms and in doing so the pharmaceutical benefits management program -- since with the licensure amendment you have removed the third-party prescription program and replaced it with the pharmaceutical benefits management program?

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Demuzio.

Yes. I just want to -- with those assurances, want to urge an Aye vote. The Senate sponsor has been very diligent in working on this issue. There’s still a lot of work to be done, but with this bill it is a start in trying to address some of the concerns of our -- our pharmacists and some of our other individuals out here that have concerns with pharmaceutical needs. So, I do want to commend the sponsor and -- and encourage an Aye vote. He’s done a great job.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter, to close.

PRESIDING OFFICER: (SENATOR VIVERITO) The question is, shall Senate Bill 1828 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 the question, there are 55 Ayes, none voting Nay, none voting Present. Senate Bill 1828, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we will proceed to page 95 on the Order of Resolutions. Senate Joint Resolution 2. Senator Sandoval, do you wish to proceed? Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Sandoval.

Thank you, Mr. President, Members of the Senate. Senate 39  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 Joint Resolution No. 2 simply allows the -- the Joint Task Force on Illinois Immigrants and Refugees established by House Resolution 21 of the 93rd General Assembly to be extended till December 31st of 2005, to allow us to complete a report and findings and perhaps hold a hearing or two throughout the year. I ask for your favorable vote.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Sandoval moves the adoption of Resolution 2. It is the opinion of the Chair that this resolution requires expenditures of State funds and therefore a roll call vote must be taken. Those in favor of -- of Joint Resolution 2 will vote Aye. Opposed, Nay. The voting is open. Have all who voted who wish? Have all who voted who wish? Have all who voted who wish? Take the record. On that question, there 56 Ayes, none voting Nay, and none voting Present. The -- the -- resolution is adopted. Joint Resolution 6. Senator Jacobs. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Jacobs.

Mr. President, Ladies and Gentlemen of the Senate, I ask for your Aye vote. This is a merely bill. It merely names the new west Rock River bridge Veteran’s Memorial Bridge at Carr’s Crossing. The name was -- chosen by local voting and also in order to honor the vets who are fighting overseas for us today and past vets as well. I ask for your favorable consideration.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Jacobs moves the adoption of Resolution Joint -- Joint Resolution 6. It is the opinion of the Chair that this resolution requires expenditures of State funds and therefore a roll call vote must be taken. Those in favor of the resolution will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, none voting Nay, and none voting Present. The resolution is adopted. Senate 40  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 Joint Resolution 9. Senator Crotty. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Crotty.

Thank you. Senate Joint Resolution 9 deals with the possible closing of the Tinley Park Mental Health Center. Tinley Park Mental Health Center serves the Chicago south side, the south suburban Cook County, Will County, Kankakee County and Grundy County. What we’re asking is that the services still remain in this part of the -- the -- this region of the State and that the facility will maintain those services to the severely mentally ill until the task force comes up with another location for those services. But, it’s been in editorials. All the mayors, all the legislators from all of these areas know that the people that we serve with mental illness cannot be transferred to the far western suburbs. So, I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Crotty moves the adoption of Joint Resolution 9. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Joint Resolution 10. Senator Halvorson. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Halvorson.

Thank you, Mr. President and Members of the Senate. Senate Joint Resolution 10 is to make the first Saturday of June Main Street Day. As all of you know, if you have a main street community - one of the fifty-eight - you know how important this program is. It’s brought in, I think, five thousand new jobs and 41  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 thirteen hundred new businesses just over the -- the last few years and I just want to bring more attention to it, and I think this would be a good resolution for us all to take part in.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? If not, Senator Hendon -- Halvorson, excuse me, moves the adoption of Resolution 10. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Joint Resolution 18. Senator Watson. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Watson.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Watson moves the adoption of Senate Resolution 18 -- Senate Joint Resolution 18. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator -- Senate Resolution 9. Senator Cullerton. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton, please…your resolution. 42  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005

Thank you, Mr. President, Members of the Senate. This resolution designates the month of November as Pulmonary Fibrosis Awareness Month, and November 22nd as -- Pulmonary Fibrosis Awareness Day in Illinois. This is a -- a disease that unfortunately people are not that familiar with and it’s frequently misdiagnosed. Approximately forty thousand Americans succumb to this disease annually and we don’t have a cure. We don’t know what causes it. This resolution would help educate the public concerning it so that people can be diagnosed earlier and perhaps treat the disease. I found out about it unfortunately the hard way when my father died of it. And I would appreciate that we pass this resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? If not, Senator Cullerton moves the adoption of Joint Resolution -- Senate Resolution 9. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 10. Senator del Valle. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator del Valle.

Thank you, Mr. President. Senate Resolution 10 calls on the Federal Department of Veterans Affairs to address inequities with regard to compensation for Illinois veterans. In addition, it calls on the Illinois Congressional Delegation to pursue remedies or legislation to ensure Illinois veterans receive benefits equivalent at a minimum to the National average. It’s important that the Illinois Senate send a clear message to -- to both the Department and the Congressional Delegation that we expect action and we expect action soon. They have been moving on this. This resolution, I hope we’ll speed things along a bit.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Senator del Valle moves the adoption of Senate Resolution 10. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is 43  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 adopted. Senate Resolution 12. Senator Haine. …Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Haine.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This resolution recognizes the contributions of our nurse anesthetists and recognizes them through a -- through a week in January. They are an integral part of the provision of our medical services. They’re training and dedication is very important to us. I share a great affinity with them since some of my bills have the same affect of putting people into a deep sleep. So, I would request approval of this.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Senator Haine moves the adoption of Resolution 12. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Says -- Senate Resolution 29. Senator Crotty. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Crotty.

Thank you very much. This resolution just simply allows the Illinois Mobile Homes Task Force the date to be extended to May 1st, 2005.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Crotty moves the adoption of Resolution -- Senate Resolution 29. It is the opinion of the Chair that this resolution requires the expenditures of State funds and therefore a roll call vote must be taken. Those in favor of Senate Resolution 29 will vote Aye. Opposed, Nay. The voting is open. All who voted who wish? All who have -- all voted who wish? Have all voted who wish? Take 44  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 the record. On the question, there are 54 Ayes, none voting Nay, none voting Present. The resolution is adopted. Senate Resolution 34. Senator Watson. …read the resolution.

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Watson.

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Watson moves the adoption of Resolution 34. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted.

PRESIDING OFFICER: (SENATOR HALVORSON) Senate Resolution 35. Senator Martinez. Madam Secretary, please read -- on the -- please read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.

Thank you, Madam -- President. Senate Resolution 35 urges the President of the United States, the Congress of the United States and the U.S. Food and Drug Administration to establish an independent board of drug safety and public database of all clinical trial data to ensure that the safety and the efficiency {sic} (efficacy) of drugs that are sent to the market and that stay on the market are subject to the scrutiny of the public and the doctors and researchers who have no financial ties to the 45  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 drug industry.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Martinez moves the adoption of Senate Resolution 35. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 60. Senator Schoenberg. Senate Resolution 60. Senate Resolution 62. Senator Watson. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Watson.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Watson moves the adoption of Senate Resolution 62. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 102. Senator del Valle. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator del Valle.

Thank you, Madam President. This Senate Resolution calls for the Auditor General to conduct an audit of set aside programs administered by CMS and IDOT. It instructs the Auditor General to conduct this audit and it spells out some of the things that the audit should include. What we’re attempting to do here is to make sure that the State of Illinois does not experience the kinds of problems that have been experienced by the City of Chicago and -- and in Cook County. We want to make sure that the programs are operating as they are intended to operate and that 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 minority-owned businesses and women-owned businesses and businesses owned by the disabled are the ones that are truly participating in these programs and benefiting from these programs that are very important. So, we want a top-to-bottom review of these programs and I’ll be glad to answer any questions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator -- or, del Valle moves the adoption of Senate Resolution 102. And it is the opinion of the Chair that this resolution requires the expenditure of State funds and therefore a roll call vote must be taken. Those in favor of Resolution 102 will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Yeas, none voting Nay, none voting Present. The resolution is adopted. There will be a meeting of the Rules Committee immediately in the President’s Antechamber. Senator Hendon, for what purpose do you rise?

Purpose of an announcement, Madam President. Madam President and Members of the Senate, we have a anniversary here today. Actually, it was yesterday. But Nia Hassan, who has been with us now twenty-four years yesterday, has served the Senate for twenty-four years. She wasn’t -- she was working yesterday. I wanted her to be here while we recognized her. Nia has served the Democratic Caucus. She came in as an intern April 17th, 1981. She was hired three days later as a full staffer, April 20, 1981. She has served five different chairmen on -- on the Health and Human Services: Senator Nash, Dawson, Margaret Smith, Senator Barrack Obama and Carol Ronen. And she’s served us for twenty-four years. So, we wanted to recognize her because putting up with all of you for twenty-four years takes a heck of a person and a heck of a woman and we wanted to recognize Nia.

PRESIDING OFFICER: (SENATOR HALVORSON) Congratulations, Nia. Senator Burzynski, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, for what purpose do you rise?

Purpose of an announcement, Madam President.

PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.

We will be having a very brief caucus at the end of adjournment in the President’s Office. Thank you.

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

For the purposes of an announcement.

PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.

The Senate Revenue Subcommittee on Property Tax Reform will meet today at Room 400 immediately upon adjournment of the 48  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 caucuses, following adjournment of the Senate.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sieben, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Sieben, for the good job you did. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Just for information of the Body, our plan is to finish some paperwork, end up with a death resolution for Ralph Dunn and then remind all of you that -- of your prospective -- respective caucuses afterwards. Madam Secretary, 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. Madam Secretary, have there been any objections filed to the resolutions on the Consent Calendar?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? If not, the question is, shall the 50  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 resolutions on the -- Consent Calendar be adopted. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The resolutions are adopted. Madam Secretary, on the Order of Resolutions.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Shadid moves to suspend the rules for the purpose of immediate consideration and adoption of Senate Joint Resolution 42. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Shadid now moves for the adoption of Senate Joint Resolution 42. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Will the Members please be in their seats. Will the staff please retire to the gallery. And will the doormen please secure the doors. Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR HALVORSON) Senators Luechtefeld and Watson move for the suspension of the Senate rules for immediate consideration and adoption of Senate Resolution 164. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Luechtefeld, on the resolution.

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

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Geo-Karis. Senator Clayborne.

Thank you, Madam President. As -- as Dave said, he told part of the story. I -- I was -- ten years ago this past Monday was my ten -- tenth -- ten-year anniversary for being in the Senate. But I think it was actually the end of April, beginning of May when -- when I met Ralph Dunn. And Ralph did have this bill. Ralph had this bill to abolish the East St. Louis Board of Election. And truly, as Senator Luechtefeld said, Ralph was a gentleman about it. He said, “You know, Senator, I could really care less, but this woman by the name of Sharon Mehrtens asked me to carry this bill” And Sharon was a Republican Party Chair in St. Clair County. He said, “You know, if it goes up I’m okay with it. If it dies, I’m okay with it.” But throughout the whole process it was a challenge for me, because I had just 53  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 4/21/2005 arrived, but Ralph was truly a -- a gentleman about it. He was very accommodating. He always informed me of what was going to happen and -- and I appreciated that. But I couldn’t get him to change his mind. Even after Ralph left I saw Ralph at different events. Always such a gracious man. Was always happy to see you. He -- he always smiled. But I remember one thing that Ralph taught me and -- and -- that I learned is that even when we’re at opposite ends of a piece of legislation, that you can always do it gracefully and that you can always make sure that respect is -- is -- is one that is given, as well as, received and, I, too, was honored by the fact that I had an opportunity to serve in this Body with Ralph Dunn.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Watson, to close.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld now moves for the adoption of Senate Resolution 164. All those in favor of this resolution, please rise. The resolution is adopted. The Senate stands adjourned until 12 noon on Tuesday, May 3rd, 2005. The Senate stands adjourned. 56