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 -- be given by Nancy Flood of the Springfield B’hai Community.
(Prayer by Nancy Flood)
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) Senator Hunter.
Mr. President, I move that Reading and Approval of the Journal of Tuesday, May 24th and Wednesday, May 25th, in the year 2005 be postponed, pending arrival of the printed Journal.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions.
Senate Resolutions 232 through 251, all offered by Senator Forby and all Members. And they’re all death resolutions.
PRESIDING OFFICER: (SENATOR VIVERITO) Resolutions Consent Calendar. Messages from the House, Madam Secretary.
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 476, 2760 {sic} (3760), 2761 {sic} (3761). All passed the House, May 25, 2005. A Message from the House by Mr. Mahoney, Clerk. 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2012, together with House Amendments 1 and 2. I have like Messages on Senate Bill 26, with House Amendment 1; Senate Bill 61, with House Amendment 1; Senate Bill 250, with House Amendment 1; Senate Bill 274, with House Amendment 1; Senate Bill 538, with House Amendment 1; Senate Bill 662, with House Amendment 1; and Senate Bill 847, with House Amendments 1 and 2. Which all passed the House, as amended, May 25, 2005.
PRESIDING OFFICER: (SENATOR VIVERITO) House Bills 1st Reading.
House Bill 476, offered by Senator Harmon. (Secretary reads title of bill) And House Bill 2760, offered by Senator Sandoval. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR VIVERITO) At the sound of my voice, we would appreciate all Members coming to the Floor. We are -- you’re going to have a memorial service and we would hope that you would all come to the Floor as quickly as possible. Thank you. Andrew Shaw of ABC-TV requests to photograph and film. Leave is granted. Senator Brady, what is your purpose?
That’s a good question, Mr. President. At the moment, it is to -- a personal privilege.
PRESIDING OFFICER: (SENATOR VIVERITO) Your personal privilege is granted.
Thank you, Mr. President. I would like to introduce some guests of mine who are in -- they’re visiting us from Decatur, Illinois. They are in their golden years. They are now part of what we refer to as the flashing red light society and they are members of the AARP. If they would please stand and be recognized. 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
PRESIDING OFFICER: (SENATOR VIVERITO) Let’s give a warm welcome. We are about to proceed with the -- Memorial Day ceremony and I’d like… As all of us know, this is a very special day, Memorial Day, to honor all of our servicemen and women and I am certainly deeply honored to be able to start it by saying a few words. As probably some of you know that I was a Veteran in the Korean War during the conflict and obviously I’m delighted to be here with all of you. But if I may, I would like very much to give you just a little story about my community. Up until six years ago, we didn’t have any kind of memorial for our armed forces in our City of Burbank. Then the community came together and we raised a little over fifty thousand dollars to erect one, which was dedicated in November of 1999. I’d like to read what is inscribed on the part of that monument: Dedicated to the members of our Armed Forces, who so gallantly lost their lives in service to our country during all of our wars and conflicts in order to preserve our most precious gift, freedom. And to the men and women in all branches of service whose courage and personal sacrifices continue to restore and keep peace in our nation and in the world. And now without further ado, I’d like to introduce the colleague that has always remembered this very special day, a woman who has served in the military with distinction and honor. And I can honestly say, we are so proud of Senator Geo-Karis.
Thank you, Senator -- Viverito, Presiding Officer. I just want to tell you that we’ve had a number of Members who served in the Armed Forces and I’m going to ask each Member who served in the Armed Forces to speak from their desk and -- no more than three minutes, to tell what they want to -- us to hear from their experiences. And I’m going to start with Senator Todd Sieben. Identify yourself and your district, please.
Thank you, Senator Geo-Karis. It’s my pleasure to speak for just a very few brief moments today on behalf of my friends who served in the United States Navy. I graduated from Western Illinois University in 1967, which was at the height of the Vietnam War. And after graduating from college, obviously, my student deferment ran out. So I went to the Navy recruiter, 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 rather than go into the Army, and then went to Newport, Rhode Island to Officer Candidate School in Newport. And from there, went down to the Navy Supply Corps School in Athens, Georgia. So I spent about another year in school and training, then reported to the U.S.S. Paul Revere in San Diego in January of 1969. And within about fifteen days of the time I reported to the ship, we left San Diego on deployment for Vietnam. And I think probably the most vivid memory I have as a young man right out of college and grow -- growing up in the Midwest is I’d never been on the ocean, never been to the ocean, and here I was cruising all the way across the Pacific Ocean to a country called Vietnam. And when we arrived in Vietnam, we were on station in the area of Chu Lai, and I was onboard the Paul Revere and we were an amphibious attack transport ship. We carried a battalion of Marines up and down the coast and were prepared to make landings on the beachhead there at Chu Lai. And I guess the vivid memory I have is the dedication of the young men, and we didn’t have any women on our ship at that time, but the young men and the career military people that served on board that ship and the dedication they had to the mission that we were called to accomplish. And it wasn’t an eight-hour-a-day job. It was a twenty-four-hour-a- day job, seven days a week. And we’d be on station - the first time we were there, for forty-seven days straight - you worked on twelve hours of duty and then you were off for twelve hours of duty, seven days a week. There was no time to go play golf, or - - or watch a movie or anything like that. It was full-time duty around the clock. And when I see our servicemen and women today that serve in Afghanistan and -- and Iraq, I -- I think of the dedication and the commitment that they -- they make and the -- the chunk of time, or the block of time that they take out of their lives, and the loyalty with which they serve our country and the cause of freedom and the loyalty with which they serve their colleagues arm in arm, shoulder to shoulder to fight for freedom in this world. So, I salute the men and women who have served in the United States Navy for many, many years and are a great part of our military history in the United States.
Thank you, Senator Todd. You were too long. But now, I would like to call on Senator John O. Jones. 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
Thank you, Senator Geo-Karis. You know, I -- I had the great honor and privilege to -- to serve this country in -- in the United States Air Force for four years. I -- I was stationed in Klamath Falls, Oregon. Not many people have heard of Klamath Falls, Oregon. But I was talking with Senator Sieben some time back - a couple three years ago I think it was, because he flies also - and -- and a -- and a nephew of his is a -- is a trainer at Klamath Falls, Oregon. He trains other pilots to -- to fly. But it was a great experience for me to serve in the United States Air Force. I told someone this morning, I wouldn’t take millions and millions of dollars for the experience I got there. I probably wouldn’t give a -- a dime for any more of it. But I wouldn’t take millions for -- for the experience that I got. But I -- you know, over the last few months and -- and over the past year, we’ve had several National Guard troops leaving the State of Illinois and going over to serve in the -- in Iraq and Afghanistan and the like. And as we’ve seen those -- those young people come back - men and women, we’ve all participated, probably in our districts, welcoming those people back home. And -- and we want to thank them for the service that they have done for this country, not only those people, but the people in the past over the many wars that we’ve had in -- with this -- with this country. But I think the one group of people that we’ve failed to thank is the families that’s left back home. The sacrifice that they give and -- and I always want to thank them whenever those -- those troops come back, because they do sacrifice an awful lot to -- to protect this country. I hope that we’re out of here on Monday. It’s very doubtful. But I know a lot of ceremonies will be going on over Monday and -- and we want to always remember our Veterans. Senator -- Viverito, you mentioned the memorial in -- in your hometown. In my district, people have come together in the last three years and - - and raised funds, some of ‘em as much as seventy-five thousand dollars, to build memorials in their communities for our Veterans. It is a great, great honor to see these people come forward and give their money to -- to put up these monuments for -- for our previous military people and -- and the future. So, let’s -- let’s always continue to remember them in our prayers. 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Thank you.
Thank you and I wanted to say about Senator Viverito, he -- he served with distinction in Korea - with great distinction and I appreciate his remarks very much. At this time, I would like to call on Senator John Cullerton. Is Senator Cullerton here? Next one. Senator William Peterson. Senator William Peterson.
Thank you, Senator Geo-Karis. As I’ve mentioned before when I’ve had the honor to speak to this august group that I served in the United States Army. I served overseas and was discharged as a Sergeant in the Infantry. One of my early experiences in the army -- I was assigned to Fort Detrick, Maryland, and many of you may or may not have ever heard of Fort Detrick, Maryland, but you could not be on that post without a security clearance. That is where, at the time that I served there, all the enlisted men were engineers, biologists, chemists, et cetera. That was a chemical warfare research area. And we also had people -- at that time I didn’t realize what they were doing because everything was confidential, but they said we have to go down to Florida; we’re going to work on a project in Florida. Well, they were going down to Cape Canaveral at that time working on rockets. And I didn’t really find that out until probably a year afterwards, when we started to have more press releases released by the government talking about what they were doing down there. I’d like to talk a little bit about what we’ve always gone through with our service folks who come back. Certainly those we memorialize today that -- that died in the performance of their duties, but we also want to remember the disabled vets who come back who are fighting for the benefits they deserve and for those who had no physical trauma, but have post-traumatic syndrome. I had a good friend of mine, in fact he worked for IDOT, he’s since retired, but he was in an artillery group in Korea and the -- when the Communists came in there was give and take. And the U.S. Army Infantry Division had taken back this territory and they were setting up their position with their howitzer and they were clearing brush and he came upon two American soldiers who had been captured and they had been strung up and gutted by the Communists. And he continued -- to this day, he continues to 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 have flashbacks of just going through this brush and seeing these soldiers the way they -- they were left. And I think that sometimes we -- we meet soldiers and -- and other service people who have had this and we say, well you know, gee, you -- you didn’t get wounded, you didn’t have this problem. But they have mental problems that we have to try to work with. So I think we have to make sure that all those folks are taken care of. And I’m sure all of us here will work hard to make sure the federal government provides those services that they certainly deserve. Thank you.
Thank you. I’d like to introduce -- Paul Taplin, representing the Department of Veterans Affairs. Thank you for being with us. And I’d like to thank my secretary, Linda Hinton, who’s put some of these folks together for me and I appreciate it. At this time, I would like to call on Senator Gary Dahl.
Thank you, Senator Geo-Karis. I had the privilege of being in the Army right out of high school in 1958 through February of 1962. I was in a helicopter unit with the Army in Germany when the Berlin Wall was built. And as Senator Jones said, it’s one of those things in your life that you wouldn’t take a million dollars for, but you wouldn’t give a dime to do it again. It’s - - it was a great experience, one that I’ve never regretted. But, I would like to speak just for a minute this morning on something that most of you probably don’t even know about. In the little Village of Marseilles, Illinois, which happens to be in my district on the -- right on the Illinois River, a group of motorcycle riders called the “Freedom Riders” from Chicago area and throughout the State have built a memorial wall for the military people that have lost their lives in Iraq and Afghanistan. This wall was built last summer completely with their funds, and they have now donated it to the Village of Marseilles. It’s a beautiful marble wall. Every name of every military personnel that has lost their life in the Middle East is inscribed on this wall. It’s a individual effort. It’s a beautiful piece of artwork. I would encourage everybody to go there, but it’s also something that we’re having a hard time getting recognition for. And I wanted to use this opportunity 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 today to -- to try and get some -- some word out there that -- that this is there, and it -- it’s something we need to be proud of, that these people have done a great job of -- of promoting this. And, hopefully, with the help of everybody here in this Senate Body, we can promote it more and, you know, get some signs on Interstate 80 saying where it is and what it is. And, hopefully, we won’t have to add too many more names to this wall. Thank you.
…very much. At this time, I’d like to say that the Memorial Day was officially proclaimed on May 5, 1868, by General John Logan, a native Illinoisan and National Commander of the Grand Army of the Republic. The first Memorial Day was observed on May 30th, 1868. And in 1971, Congress declared Memorial Day a national holiday. For many years, Memorial Day has been a day when Americans pay homage to our country’s fallen soldiers and honor the memory of the men and women of the armed forces who have died to secure our current freedom. It is also a time to reaffirm our nation’s commitment that the soldiers, who continue to fight for our freedom, are not forgotten and neither are their families. While we remember those who have died, we must continue to be thankful for the young men and women serving Iraq, Afghanistan and around the world and who are willing to lay their lives on -- on the line and fight for the United States of America so that we can be free. At this time I would like to call on Senator Antonio Munoz.
Thank you, Senator Geo-Karis. Before I speak to honor our men and women of the armed forces, I’d like to start out by thanking Senator Geo-Karis. I’ve been here for seven years, and for the seven years that I’ve been here, this is on top of her list, to honor the men and women who’ve served in the military and who are currently serving now. Senator Geo-Karis served in World War II - a great lady, top-secret clearance. I can only imagine what she was involved in, in World War II, but it’s truly an honor and a pleasure to serve with you, Senator Geo-Karis. You are an outstanding lady. I served in the U.S. Army. I graduated out of high school and I was not sure if I wanted to go straight to college, so I went to go see a recruiter on my own. 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 I had talked to a number of my friends into going to a certain college and I didn’t make it there. I told them when I was supposed to show up at the dormitory with them, I had called them that I already had enlisted. I went to see a recruiter and within two weeks I was gone. I took basic training at Fort Leonard Wood, Missouri. After basic training, I got recruited by Airborne -- 82nd Airborne Division where I served -- did my training at Fort Benning, Georgia. I -- it was a great honor, because in all of the Armed Forces, there’s only one Jump School and that’s in the U.S. Army. So, I had the pleasure of serving with Marine Recons, Air Force Para-Rescue, Navy SEALs, Ranger unit and -- and the Special Forces. We all worked together in the same Jump School and were together for five weeks. So, it was truly an experience and I have great, fond memories of. I was going to stay in and be a lifer, but my dad said, “Hey, buddy, remember the promise you made to me was you were going to come home after you did your three years and then you extended to a forth year.” So, I lived up to my commitment to my dad that I'd made. But the memories that I have of the four years in the military will always be with me forever. And it was a great honor for me and I can remember it like yesterday. I’d like to thank the men and women in this Body for serving their country. Korean War, World War II, Vietnam, there’s -- there’s a lot of heroes that are here in this Chamber and I thank you for that. And to the men and women who are serving today, may God bless them, God bless their families for the ones that they’ve lost and that haven’t come home because they’ve given the ultimate sacrifice. Thank you and God bless America.
Yes. Thank you so much, Senator Munoz. And thank you for your very kind words about me. I appreciate it very much, but others have done more than I have. And I’d like to call at this time Senator William Haine. Identify your district and your service, please.
Thank you, Senator Geo-Karis, Madam Dean and Ladies and Gentlemen of the Senate. I’m from the 56th District, southwestern Illinois, on the river. I served in the United States Army. Joined the Army in 1967. Vietnam War was raging. 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 I know it divided the country and the -- campuses, but for me it was an adventure of my generation, so I enlisted. I went to Vietnam in the -- in February of 1968. Was assigned to the First Cavalry Division (Airmobile) - a -- a truly great unit commanded by a great general officer. The -- a -- a unit with a great esprit de corps and a belief in its mission. The -- the service, over time, has brought memories back occasionally - all -- most of them good memories. When I hear a helicopter fly to a nearby hospital in my hometown - I have two hospitals near where I live - on a hot summer day, these -- these memories flood back. The memories of -- of tension, the memories of men at arms, the -- the -- not so much the fear, but the heat. Sometimes the -- the -- the smells are unique. Occasionally, when you -- when -- when I -- I pass areas where -- near where I live again, where the refineries are -- where there’s open burning of fuel, that’s an odd flashback. The pain has receded that was observed and that’s human nature. And it’s a good thing that it’s human nature. Soldiers in our units were made up of all -- nationalities, creeds, races. We had one bond. We were soldiers. We were Americans. And -- just as the young men and the young women in Iraq and Afghanistan are soldiers, Marines and Americans. I thank God, especially at this time of year, for his -- his blessings to me for being so fortunate. I -- I have asked special blessings and mercies on those who still grieve, those who still suffer pain. And I thank you, Senator Geo-Karis, for the opportunity to express these regards to those of my comrades who have died, who still suffer pain. Thank you.
Thank you, Senator Haine. At this time, I’m calling on Senator John Cullerton. Identify yourself and the service and so forth.
Yes. Thank you. I was in a little different category than the other Veterans, because I was in the Illinois National Guard. I think I’m the only Member of the General Assembly that -- that has done that. And a couple weekends ago, I was at a wedding in Monterey, California and I had -- I was driving down the highway and I drove past Fort Ord, which is now closed. And I looked over to the right and I saw, right on the ocean, the firing range 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 where I trained and learned how to fire M16s. And I could hear, in my mind, the drill sergeant’s voice. “Ready on the right, the right is ready; ready on left, left is ready. Lock and load.” And it -- this is 1970, and it was -- as if it was yesterday. The experiences, obviously, at that time were in peacetime. The -- the role of the National Guard at that time was viewed as someone who would be -- maybe called upon to quell a riot or maybe if there’s a natural disaster. But the people I trained with in basic training, the same day we all were graduated, I -- I knew what my military occupation was, was to go back to Chicago and work at a Nike Base, but the guy next to me was going to Vietnam. Now we have a different situation with our National Guard. The Adjutant General in Illinois is -- is a Vietnam Veteran, a Green Beret. He is presiding over military operation where our own National Guardsmen are being -- are being killed. His own son is going to Iraq. And so it’s a much different status than it was when I was in the military. And it actually makes me proud to have been in the National Guard. At the time, you know, it wasn’t respected. And now, because of what is happening in the world and because of the support that -- that the reserves and the National Guardsmen are -- are providing to the regular army. It -- it really does make me proud and -- and -- that I served in the military. And I believe that those memories of that -- in that -- at Fort Ord will -- will live forever. Thank you.
At this time, I would like to call on Senate President Emil Jones for a few remarks.
Yeah. Thank you, Senator. First let me commend and congratulate you for annually leading this annual -- annual Memorial Day service here in the Chamber. As we honor those individuals who paid the -- ultimate price in defending this country and representing our interests around the world. And in particular, the -- the men and women who went to Vietnam, the soldiers of Vietnam who -- who went there in the unpopular war. And some came back - many did not come back. But for those who did come back, the country whom they went there to support, the country who -- who sent them there, those who made decisions that 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 we'll be there, when they returned, they did not get the respect of the American people as the soldiers did in other wars. So, particularly to the Vietnam Vets, who -- who were professional soldiers who did their duty, who did not receive the honor or respect that they should have received and for the many thousands who did not come home. So this day is a great day as we honor the men and women, in particular those who are currently in Iraq and Afghanistan. Many of them are not professional soldiers. Many are -- are men and women from the State of Illinois who worked on jobs just like everyone else, who were not the professional soldier, but served in the National Guard, who are there doing their duty. And to those individuals who have not come home, but they went there out of respect and honor and respect for the country. So we honor those individuals and we pay the highest tribute to them. Regardless of how you feel about the issue, they are professionals and I commend those who have done it, even those who are Members of this Body who have served in the Armed Services during the Vietnam conflict. But we honor all those individuals who paid the ultimate price. And again, my colleague who is a military person herself, Senator Geo-Karis, I really appreciate each year you -- you -- you make sure that we, in this Body, have this service. And when we have this service, somehow we seem to come together to do the things that the people elect us to do down here and represent all the people of Illinois. So again, this is a great honor. And again, Adeline, thanks for doing such a tremendous job.
Thank you very much, Mr. President. And at this time, I would like to call on Leader Frank Watson for remarks.
Yes. Thank you very much. And I like the Madam Dean approach that Bill Haine used, because you certainly are the -- the Dean of the Senate and we should recognize you for what you’ve done in regard to the honoring of our veterans each year. And, Senator Munoz, I appreciate your remarks about Senator Geo- Karis, because I don’t know that -- when she called yesterday, I -- I don’t know if we have a program if Geo’s not here. We just -- if -- and -- and we need to remember that when all of us are gone, somebody needs to be doing a program such as this on 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Memorial Day and Memorial Day weekend. I -- I went to school at -- at Purdue and I’m not a veteran. So, -- and I don’t know that if I’m even worthy to stand and talk with the distinguished people who’ve gone before me. I -- you either went in the marching band or you went into ROTC. That was all you could do if you went to Purdue, first two years. So, I went into ROTC. So, I always said, yeah, I’m a veteran. I was in -- I was in the Air Force. I was in ROTC. Well, that meant nothing. You know, that was you go watch a movie and then you take a test every now and then and you got a credit for it and you got through two years and you went home and -- and that was the end of it. And then I went down and, as -- as many of you did, I went to St. Louis for my physical. And if you remember how that was, you’re carrying the bag around. …know, everybody had -- those that did it know what I’m talking about. You carried a bag around in front of you and you walked around, everybody in line and, you know, you get checked here and checked there and -- and I actually failed the physical. So, I -- I -- and I -- I didn’t go. I had a lottery number. I’d have been over there in a heartbeat right -- right in the middle of it, ‘cause I was a very low lottery number and I would have gone. So I didn’t go, but an awful lot of my friends did. And one of ‘em was named -- by the name of Art Bolinger. And if you go down to O’Fallon or you go to that rest stop in O’Fallon and you’ll see his name there - Captain Art Bolinger. He was missing in action for thirteen years and he was a year ahead of me in school in the Air Force. He flew a -- a plane -- a reconnaissance plane. And he was over Laos and was shot down and -- and they didn’t find his remains for thirteen years. He was married to a classmate of mine and you could imagine what she went through for those thirteen years. They had two sons. One, who is a year older than my son, Chad - Steven, called him Reno. Never really knew his father. Never knew his dad. And then they had an older son named Mark. And we’ve got an award in Greenville now at the school called the Art Bolinger Award. And the reason for that, because Art was a -- an outstanding student. He was a basketball player. Started in high school basketball in his sophomore. Played football. Was a great baseball player - just an outstanding leader in our school and community and -- and went to Greenville College and -- and 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 participated in much of the athletic programs there as he did in high school. So, it was very fitting that we -- we honored him and still do today. And I think that’s important, especially those -- in light of the comments of -- of the people that went to Vietnam. My brother-in-law went to Vietnam, came back and still today has the scars of -- of that participation. And I think a lot of it has to do with the fact that we didn’t recognize those who were there and served, once that war concluded. We didn’t recognize them for what they did and what they stood for and I think that’s why it’s important today. And I think the fact that those of you that went to Vietnam, you understand what’s happening now in Iraq and Afghanistan, and you have a feeling of understanding of what those people are doing. And I think the attitude of the people today about those young men and women who serve us overseas now is differently in this -- is different in America today than it was during Vietnam, because of the Vietnam veterans. And I want to thank you for that. I really do want to thank you for that. My secretary’s son, Bill, decorated veteran, served in Afghanistan. And Helen Albert’s here today. She’s from Decatur. Her -- her daughter, Tara, was in -- was in Iraq, just recently - National Guard. And exactly what John Cullerton mentioned, the whole National Guard issue right now, they’re the front line of defense for us, when it used to be everybody was -- went in and did their duty and -- for however long. National Guard is truly the front line of defense and we ought to recognize that and honor that and appreciate those people who go into the National Guard and are willing to -- to put their -- life on the line for us in a moment’s notice to get called and go, leave their families, leave their jobs. So I don’t think oftentimes we give enough recognition to those people who serve in the National Guard, certainly today. I can’t imagine participating in a war who you don’t know who the enemy is, and that’s what went on in Vietnam and that’s what’s going on today. Maybe it’s a little different today, because of the terrorism. Can you imagine the cowardness of the -- and the attitude of the terrorists today and the manner in which they approach what we call a dignified effort to secure the freedom of Iraq, Afghanistan or the United States. And we do it proudly. We carry the flag. We wear a uniform. We take the hill. We go 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 -- we lead the parade. But the cowardness that’s going on right now with terrorism, I don’t care where it is; we just can’t let this prevail. And I can’t say enough about the people who are trying to put a halt to this, right now as we speak, in Iraq and in -- and in Afghanistan. And I really think we need to recognize those people today and appreciate what they’re doing for us, even though it’s not fighting on our soil, not fighting necessarily for our country. It’s fighting for someone else, but it is fighting for us. And I just want to recognize them. And I want to thank you, once again, Dean Geo-Karis, for your efforts in making sure that we continue to remember those people who have given us the opportunity to come and serve as we do here in Springfield and be able to represent the people of this great State. Thank you.
Thank you, Senator Watson. Before I ask for a moment of silence, I would like to tell you that the VFW Post 755 will be here -- is here today and the bugler in command is -- is Command Sergeant Major Steve Hall, and the drummer is Sergeant Joe Lechusa. And at this time, I would like to have a -- a memory -- a -- a -- a moment of silence. Will everyone stand up, please? (Moment of silence)
Ladies and Gentlemen, I would like to ask all of you to sing God Bless America. (Senate sings God Bless America)
Thank you, Ladies and Gentlemen, all of you who are here today for this great memorial service honoring our veterans who’ve gone on before us and our veterans who are there now and their families. God bless America. Thank you so much. Thank you from -- VFW Post -- 755, the drummer is Sergeant Joe Lechusa, the bugler is Command Sergeant Major Steve Hall. You’ve done a great job for us. Thank you. Thank you.
PRESIDING OFFICER: (SENATOR VIVERITO) 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Senator Jones.
Thank you, Mr. President. I know we were having these services, but I didn’t know that the Minority Leader was trying to steal one of our Members and got Carol Ronen on the other side.
PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, Messages.
A Message from the President, dated May 26, 2005. Dear Madam Secretary - Pursuant to Senate Rule 2-10, I hereby establish May 31, 2005 as the committee deadline and December 31, 2005 as -- as the 3rd Reading deadline for House Bill 1038. Sincerely, Emil Jones, Jr., Senate President. I have a like Message -- like Messages on House Bill 1663, House Bill 3121, House Bill 2222 and House Bill 3121.
PRESIDING OFFICER: (SENATOR VIVERITO) Ladies and Gentlemen, we will -- going to Resolutions. Senator Sandoval, your point.
Thank you, Mr. President. Matter -- point of personal privilege?
PRESIDING OFFICER: (SENATOR VIVERITO) Granted.
Mr. President and Members of the Senate, I have the -- the honor and distinction of welcoming a Mayor of the 12th Legislative District on behalf of Senator Viverito, Senator Lightford and yours truly, Senator Sandoval. I have a great honor of -- and like to recognize and welcome in our own fashion and spirit of the Illinois Senate, Alderman Chapman of the City of Berwyn, who is the Floor Leader in the City Council and the new Mayor of the City of Berwyn, Mayor Michael O’Connor. Give ‘em a warm welcome.
PRESIDING OFFICER: (SENATOR VIVERITO) Give ‘em a -- warm welcome. Welcome, Mayor. Welcome, Alderman. Welcome to the Senate. We’re honored to have you. Senator Althoff, your point of privilege. 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
Purpose of announcement.
PRESIDING OFFICER: (SENATOR VIVERITO) Please.
Thank you. Ladies and Gentlemen of the Senate, I’d like to invite you to partake in some of probably the best chocolate bars in the State of Illinois that are over to the left of the President’s Podium in honor of one of our colleague’s very significant birthdays. Senator Dan Rutherford is celebrating a birthday. May we wish him felicitations?
PRESIDING OFFICER: (SENATOR VIVERITO) Happy birthday. Senator Watson, your point of privilege. Senator Watson.
Yes. Thank you very much, Mr. President. I -- I just wanted to also acknowledge the fact that Dan Rutherford turns fifty today. I’m sure you all get a card from Dan on your birthday. If you don’t, just give him your -- the date and he’ll be glad to send you one. He sends out about four hundred thousand of ‘em a year to various constituents throughout the -- this State. So, it’d be only fair that we recognize the fact that this truly is his -- his birthday today and wish him a happy birthday. And there’s another one, too. JoAnn Minks, my former secretary. JoAnn Minks. She’s back in the back. She works for us on the seventy-five-day rule. And her birthday is -- also today. But she’s only turning forty today, where Dan’s turning fifty.
PRESIDING OFFICER: (SENATOR VIVERITO) Happy -- happy birthday, Danny, Senator Rutherford. Senator Raoul.
Point of personal privilege.
PRESIDING OFFICER: (SENATOR VIVERITO) Your point.
Ladies and Gentlemen of the Senate, on -- on your desk you should have a bag from the Chicago Children’s Museum containing brochures and information with regards to Chicago Children’s 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Museum and a -- a book on Clifford the Big Red Dog, who I’d intended to be my personal Page for the Day, but he had another engagement. But this is all for the purpose of promoting the Chicago Children’s Museum in the 13th District. And some of you may want to bring your grandchildren to learn about the importance of play with regards to cognitive development.
PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator. Senator Winkel. Senator Winkel, your point of order.
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR VIVERITO) State your point.
I -- I’d like to -- Ladies and Gentlemen, I’d like to introduce you to a -- a great wrestling coach. Coach Mark Johnson from the University of Illinois. Coach Johnson has been thirteen years at Illinois. The Illinois finished in the top ten on nine occasions and finished sixth place in 2005. Would you welcome him today to Springfield?
PRESIDING OFFICER: (SENATOR VIVERITO) Let’s give him a warm welcome. Welcome. Welcome to the Senate. All Members of the Senate, we will be going to the 3rd Reading. House Bills 3rd Reading. Please come to the Senate Floor. So, we have Senator Rutherford, what’s this on -- on your birthday, Senator?
Well, actually just -- just to let everybody know how self- confident kind of guy I really am, this is my fiftieth birthday. I did not believe when my uncle turned fifty how far away that was and how young he really was at that time. And the part that really makes me know how self-confident I am and then have it shattered today was when Senator Bill Brady talked about these red flashing lights up there. I thought those were my floaters kicking in. I had no idea that it was AARP up there and their recruitment membership was down here looking at me. You know, as we have our Memorial Day service, some other fine May 26 individuals have gone ahead of us. Some of us served with Doug Hoeft. His birthday was today. And of course, John Wayne’s 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 birthday was today. And to let you know how eclectic May 26 is to have your birthday, I’ve already made my morning birthday phone calls of greetings to my very, very dear close birthday friend, Congressman Jan Schakowsky and President Pate Philip. So, we’ve got a whole bunch of eclectic folks celebrating the 26th. Peg Booker, my secretary was gracious to make homemade chocolate chip bars. Enjoy and thank you very much.
PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator Rutherford. And we wish you a very happy birthday. And -- and Senator Rutherford, I want you to know, that the Cosmopolitan Magazine said the "new fifty" you’re like thirty years old, not really fifty years old. Look, he didn’t even hear me. Thank you. News Channel 20 -- WICS-TV and CLTV request leave to photograph and record. Hearing no objections, leave is granted. We will now be going to the House rules -- House Bills 3rd Reading. House Bill 325. Senator Winkel, do you wish to proceed? Out of the record. House Bill 881. Senator del Valle. Senator del Valle. Out of the record. House Bill 991. Senator Hunter. Out of the record. House Bill 1819 -- 13 -- 1319. Excuse me. Senator Collins. Out of the record. House Bill 1504. Senator Crotty. House Bill 1469. Senator Cullerton. Senator Cullerton seeks to -- leave of this Body to return House Bill 1469 to the Order of 2nd Reading for the purpose of amendment. Hearing no objections, leave is granted. Now on the Order of 2nd Reading, is House Bill 1469. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton, to explain your amendment.
Yes. Thank you, Mr. President, Members of the Senate. This bill -- this House bill is actually similar to a Senate bill that passed unanimously over to the House. The amendment -- the -- the bill deals with creating the offense of servitude - involuntary servitude, and -- and trafficking of persons who are forced to perform labor or services and imposes a certain penalties. What the amendment does is to allow for the forfeiture of the proceeds of involuntary servitude for someone 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 who commits this offense and it allows for the State to certify the Department of Justice a victim’s involvement in -- in an investigation to enable that person to receive certain federal benefits. I move for its adoption.
PRESIDING OFFICER: (SENATOR VIVERITO) Okay. Any -- are there -- any discussion? Seeing none, Senator Cullerton moves House Bill 1469 -- moves the adoption of Amendment to House Bill 1469. All those in favor will vote -- will say Aye. All those opposed will say No. The Ayes have it. The amendment is adopted. Are there any further -- Floor amendments approved for consideration?
No further amendments -- reported, Mr. President.
PRESIDING OFFICER: (SENATOR VIVERITO) Now -- 3rd Reading. Now on the Order of 3rd Reading, House Bill 1469. Senator Cullerton, do you wish to proceed? Madam Secretary, read the bill.
House Bill 1469. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. Again, this is almost virtually identical to a bill we already passed, but it’s a very significant piece of legislation. In this State, in our country, we have people who are literally being the victims of -- of involuntary servitude. People are brought into our country -- out of the country who are forced to perform labor or services against their will. The federal legislation has been passed to address this problem and certain benefits - federal benefits, are provided. But the Heartland Institute -- Heartland Alliance has indicated the need to have State legislation, because the federal courts are really overburdened. So, with this, a prosecution for this offense would enable the victims to be eligible for federal benefits. It’s a excellent idea and with the amendment we’ve added, the ability for the court to forfeit the proceeds of the involuntary 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 servitude with that, I believe we have a great bill. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR VIVERITO) The question is, shall House Bill 1469 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 57 Ayes, none voting Nay, none voting Present. House Bill 1469, having received the required constitutional majority, is passed. House Bill 1588. Senator Cullerton. Senator Cullerton seeks leave of this Body to return House Bill 1588 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objections, leave is granted. Now in the Order of 2nd Reading is House Bill 1588. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. -- Floor Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton, to explain your amendment.
Yes. Amendment No. 1, to be followed by Amendment No. 2, simply is technical in nature. This bill deals with aggravated battery by adding -- to include a battery against a person known to be an employee of the State to be an aggravated battery. So, the amendment -- the purpose of the amendment is to cleanup other Sections of the aggravated battery statute that refers to specific members of the -- of the -- employees of the State. Move for its adoption.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing -- Senator Cullerton moves the adoption of Amendment No. 1 to House Bill 1588. 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?
Floor Amendment No. 2, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton. 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
Yes. Thank you, Mr. President, Members of the Senate. Amendment No. 2 is also technical. It just reinserts and restores provisions of the current law criminalizing aggravated battery in retaliation for a judge’s performance of their official duties. Move for its adoption.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Cullerton moves the adoption of Amendment No. 2 to -- House Bill 1588. 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?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Now on the Order of 3rd Reading. House Bill 1588. Senator Cullerton, do you wish to proceed? Madam Secretary, read the bill.
House Bill 1588. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill expands aggravated battery to include the battery of a person known to be an employee of the State or a unit of local government while they’re engaged in the performance of their official duties. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Senator Geo-Karis.
Would the sponsor yield for question?
PRESIDING OFFICER: (SENATOR VIVERITO) The sponsor yields.
The whole bill, in essence, am I correct, is if someone violates or causes any harm or damage to any person? Is that 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 correct?
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton.
Yes. It’s when they harm a person who is a State employee or a unit of local government in the -- in the -- in their official duties -- while they’re engaged in the performance of their authorized duties. This elevates the offense, this battery, to an aggravated battery.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any more discussion? Seeing none, the question is, shall House Bill 1588 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 58 Ayes, none voting Nay and none voting Present. House Bill 1588, having received the required constitutional majority, is declared passed. House Bill 2578. Excuse me. There will be a meeting of the Rules Committee immediately in the President’s Chamber. Senator del Valle will preside.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Watson, for what purpose do you rise?
Yes. Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your point.
Thank you very much. I want to introduce a -- a very good friend and a former Member of the Senate. If I could have your attention just a second, this is Senator Cal Schuneman. Now, you -- Cal was last -- served what year? What year? Last year. In ’93. He left in 1993. Served with distinction from Prophetstown. That’s his home. He was always known as the best tennis player. We used to have a tournament here in the -- in the legislature that Bob Walters from the Southwestern Illinois Employers Association put on. And Cal was always a traditional winner of that. Well, now we won’t go into that. But, anyway, he -- he -- very good tennis player - very accomplished tennis player. He spends his time in Florida now with his wife, 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Dorothy, who joins us in the gallery over here on the Democrat side. And they’re also -- and they’re also joined with their friends, Dr. and Mrs. Jim Collins up at the -- up with them on each side of Dorothy, from Dixon, Illinois. So, I want to welcome them.
PRESIDING OFFICER: (SENATOR DEL VALLE) Welcome.
We’re glad to have ‘em here. Great to see Cal. He’s in great shape, doing well and those of you that would like to recognize and welcome him, please do so. Thank you.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator, it’s great to see you back on the Senate Floor. Senator Geo-Karis, for what purpose do you rise? Senator Geo- Karis.
I want to thank Senator Viverito when he was presiding in the Chair there during the memorial service. I thought he did an excellent job and -- and I want to thank him for it.
PRESIDING OFFICER: (SENATOR DEL VALLE) Thank you, Senator. Madam Secretary, Committee Reports.
Senator Viverito, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Re-refer to Rules - Floor Amendment No. 2 to House Bill 3498; refer to Executive Committee - Motion to Concur with House Amendment 1 to Senate Bill 250, Floor Amendment 1 to Senate Bill 1209, Floor Amendment 1 to Senate Bill 1211, Floor Amendment 1 to Senate Bill 1212, Floor Amendment 1 to Senate Bill 1213, Floor Amendment 1 {sic} (2) to Senate Bill 1333, Floor Amendment 7 to House Bill -- 325, Floor Amendment 1 to House Bill 337, Floor Amendment 1 to House Bill 1968, Floor Amendment 3 to House Bill 2137, Floor Amendment 2 to House Bill 3498, House Bill 1038 and House Bill 1663; refer to Health and Human Service Committee - Motion to Concur with House Amendment 1 to Senate Bill 26, Motion to Concur with House Amendment 1 to Senate Bill 538, Motion to Concur with House Amendments 1 and 2 to Senate Bill 1862, Floor Amendment 2 to House Bill 399 and House Bill 2062; refer to Labor Committee - Motion to Concur with House Amendment 1 to Senate 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Bill 274; refer to Licensed Activities Committee - Motion to Concur with House Amendments 1 and 2 to Senate Bill -- pardon me, 2012, and Floor Amendment 1 to House Bill 2451; refer to Local Government Committee - Motion to Concur with House Amendments 1 and 2 to Senate Bill 847 and Motion to Concur with House Amendments 1 and 3 to Senate Bill 1019 -- pardon me, that was Senate Bill 1910; refer to Revenue Committee - Motion to Concur with House Amendment 1 to Senate Bill 61; and refer to Transportation Committee - House Bills 2222 and 3121.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Haine, for what purpose do you rise?
Madam -- or, Mr. President, I am rising for a motion. Make a motion.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your motion.
I -- I move, Mr. President, that -- and Ladies and Gentlemen of the Senate, to waive all posting requirements for House Bill 2222, so it could be heard today in the -- Transportation Committee. It involves my district and many others.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Haine moves that the posting requirements be waived for the purposes stated. The -- all in favor will say Aye. Opposed -- Senator Roskam.
Thank you, Mr. President. Will Senator Haine yield for a question?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Haine indicates he will yield.
Senator Haine, can you describe the urgency of this underlying bill and why we need to run roughshod over Senate Rules in order to accomplish this task?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Haine.
Thank you, Senator Roskam, for that question. This is a bill which involves the Downstate Transportation Fund. Increases 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 funding for a number of smaller mass transit units in southern Illinois and I’m afraid it’ll be lost in the Calendar, unless we can get it heard today in the Transportation Committee. It involves some parts of my district and many parts of other southern Illinois -- districts.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Roskam.
Senator, I just want to -- is -- is there anything -- I mean, did this deal just come together or was this just an oversight on the -- the part of someone? When I was in -- when I was an undergraduate, I remember going in at the University of Illinois and the -- the class advisor had a poster on her wall that was very poignant and it said essentially, your negligence does not make my emergency. Now, I’m not suggesting that you’ve been negligent or derelict in your duties in any way, but can you just tell us, you know, why -- why the abhorrent behavior for this bill? Why do we have to accelerate this?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Haine.
Thank -- thank you, Senator. I -- I appreciate that. It’s not a negligence thing. It’s the fact that it just came together in the House. It just came together and -- and we just wanted to move it real quick in the Senate. That’s all.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Hendon, for what purpose do you rise?
Thank you, Mr. President. I -- I hope that on the day that we’ve had bipartisan cooperation with the Memorial Day service that we not start stalling tactics or anything like that. Senator Roskam, I -- I’m certain you want to be home for the -- Memorial Day holiday. You know, I’ve been here so long you’re starting to even look cute to me and that’s dangerous ground there. So, let’s get out of here. Enjoy the holiday. We have to do these things, so we can move this legislation forward. Thank you.
PRESIDING OFFICER: (SENATOR DEL VALLE) Okay. Senator Haine moves to waive the posting requirement 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 for the purpose stated. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion carries. Senator Maloney, for what purpose do you rise?
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I move that the posting requirements regarding House Bill 2062 can be heard -- be waived so that -- that the -- it can be heard in the Senate Committee on Health and Human Services today.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Maloney moves to waive the posting requirement for the purpose stated. Senator Righter.
Question of the movant, please.
PRESIDING OFFICER: (SENATOR DEL VALLE) He indicates he will yield.
Thank you, Mr. President. Senator Maloney, can you tell us what the -- what the subject of this -- of this matter is?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Maloney.
Yes, Senator. This, I think, is an important bill for all of us. This -- this bill deals -- it addresses the problems that have been created and received much publicity recently regarding sex offenders and violent parole offenders in nursing homes, and I think that this legislation in my view needs our immediate attention.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Maloney moves to waive the posting requirement for the purpose stated. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. Senator Halvorson, for what purpose do you rise?
For the purpose of a motion.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your motion.
Thank you, Mr. President and Members of the Senate. I move 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 to waive all posting requirements so that House Bill 3121 can be heard in the Senate Committee in Transportation today.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DEL VALLE) Sponsor indicates she will yield.
Can you tell us about the subject of the bill, please, Senator Halvorson?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Halvorson.
Yes. 3121 is the long-awaited bill that combines NIPC and CATS. The House worked very diligently to get this done and we need to address it this -- this Session.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Righter.
I wonder, Mr. President, if we could request that if we’re going to have other motions like this, if the sponsors of those motions could, in their presentation in their motion, explain what’s in the bill, too, so we are not getting up and asking every time. That’d be helpful. Thank you.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator, that’s a -- a reasonable request. It’s very much in order. Please state the purpose of the bill when you make your -- Senator Halvorson moves to waive the posting requirement for the purpose stated. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. Senator Harmon, for what purpose do you rise?
Thank you, Mr. President. To make a motion.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your motion.
Mr. President, Ladies and Gentlemen of the Senate, I move to waive all posting requirements for House Bill 1663 so that it can 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 be heard today in the Senate Executive Committee. For the benefit of the Members of the Body, this bill is the -- provides for the consolidation of ADA paratransit services with the RTA.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Harmon moves to waive the posting requirement for the purpose stated. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. Senator Cullerton, for what purpose do you rise?
For the purposes of a motion.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your motion.
Yes. Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move to waive all posting requirements so that House Bill 1038 can be heard in the Senate Executive Committee today. This bill is an initiative of the Illinois Press Association. It has to do with amending the Open Meetings Act.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Cullerton moves to waive the posting requirement for the purpose stated. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. Senator Crotty, for what purpose do you rise?
For a point of an announcement.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your announcement, please.
The Local Government will be meeting today at 2:45 in the Stratton Building, A-1.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Hunter, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your announcement.
I am truly honored today to have the opportunity to -- to -- to -- introduce to you a very important guest who is visiting us 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 from a country in West Africa by the name of the Cameroons. He is Mr. Vincent Folkum Dinga, sitting in the -- the Presidential Gallery and he is chief head of the Folkum dynasty, which is part of the royal family in Bali -- Cameroons. And he is also the retired senior superintendent of police. His son, Ben, works for CMS and he’s been working with the State for -- for nineteen years. So, let’s -- will you -- will you please give ‘em a round of applause?
PRESIDING OFFICER: (SENATOR DEL VALLE) Will our guests in the gallery please rise? Welcome to the Illinois Senate. Senator Silverstein, for what purpose do you rise?
A purpose of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your announcement.
The Senate Executive Committee will meet at 4 o'clock in Room 212.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Ronen, for what purpose do you…
For purposes of announcement, Mr. President.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your announcement.
The Health and Human Services Committee will meet at 3:30 in Room 400.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Demuzio, for what purpose do you rise?
Purpose of an announcement.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your announcement, please.
Licensed Activities will meet at 2:30 today in the Stratton Building, A-1.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Forby, for what purpose do you rise? 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
…of announcement.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your announcement, please.
Labor Committee will meet in Room 400 at 2:30 today.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Munoz, for what purpose do you rise?
Thank you, Mr. President. Purpose of announcement.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your announcement.
Transportation Committee will meet in Room 400 at 3 p.m.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Harmon, for what purpose do you rise?
For purposes of an announcement.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your announcement, please.
The Senate Revenue Committee will meet today at 4 p.m. in Room 400.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Halvorson, for what purpose do you rise?
Thank you, Mr. President. For a point of an announcement.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your announcement.
Yes. The Senate Democrats will be caucusing in the Senate President’s Office at 1:30.
PRESIDING OFFICER: (SENATOR DEL VALLE) Thank you. Senator Burzynski, for what purpose do you rise?
Thank you, Mr. President. For purposes of announcement. The Senate Republicans would like to caucus immediately here in Senator Watson’s Office.
PRESIDING OFFICER: (SENATOR DEL VALLE) 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Thank you, Senator. Because of the requests for caucuses, the Senate will stand in recess until the call of the Chair. Senate in recess until the call of the Chair. We will be returning for Floor action after committees. All the Members, we will return for Floor action after committees. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) The Senate will come to order. Madam Secretary, Committee Reports, please.
Senator Demuzio, Chairperson of the Committee on Licensed Activities, reports Senate Amendment No. 1 to House Bill 2451 and a Motion to Concur with House Amendments 1 and 2 to Senate Bill 2012 all recommended Do Adopt. Senator Forby, Chairperson of the Committee on Labor, reports the Motion to Concur with House Amendment No. 1 to Senate Bill 274 Be Adopted. Senator Crotty, Chairperson of the Committee on Local Government, reports motions to concur with House Amendments No. 1 and 2 to Senate Bill 847; and House Amendments 1 and 3 to Senate Bill 1910 all recommended Do Adopt. Senator Munoz, Chairperson of the Committee on Transportation, reports Senate -- House Bills 2222 and 3121 Do Pass. Senator Ronen, Chairperson of the Committee on Health and Human Services, reports House Bill 2062 Do Pass; and Motions to Concur with House Amendment 1 to Senate Bill 26, House Amendment 1 to Senate Bill 538 and House Amendments 1 and 2 to Senate Bill 1862 Be Adopted. Senator Silverstein, Chairperson of the Committee on Executive, reports House Bills 1038 and 1663 Do Pass; Senate Amendments 7 to House Bill 325; Senate Amendment 1 to House Bill 337, Senate Amendment 1 to House Bill 1968, Senate Amendment 3 to House Bill 2137, Senate Amendment 1 to Senate Bill 1209, Senate Amendment 1 to Senate Bill 1211, Senate Amendment 1 to Senate Bill 1212, Senate Amendment 1 to Senate Bill 1213, Senate 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Amendment 2 to Senate Bill 1313 {sic} (1333) and a Motion to Concur with House Amendment No. 1 to Senate Bill 250, all recommended Do Adopt. Senator Harmon, Chairperson of the Committee on Revenue, reports the Motion to Concur with House Amendment 1 to Senate Bill 61 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR DELEO) Madam Secretary, Messages, please.
Message from the President, dated May 26, 2005. Dear Madam Secretary - Pursuant to Senate Rule 2-10, I hereby establish May 31, 2005 as the committee deadline and December 31, 2005 as the 3rd Reading deadline for House Bill 2062. Sincerely, Emil Jones, Jr., Senate President. I have a -- Messages from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of the bill of the following title, to wit: Senate Bill 1251, together with House Amendment 1. Passed the House, as amended, May 26, 2005. And I have like Messages with respect to Senate Bills 1354, with House Amendment -- House Amendments 1 and 2; Senate Bill 1493, with House Amendment 1; and Senate Bill 1666, with House Amendment 1, which passed the House, as amended, May 26, 2005. 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 2010 and 4050. Passed the House, May 26, 2005. And I do have a like Message with respect to House Bill 2221. It also passed the House, May 26, 2005.
PRESIDING OFFICER: (SENATOR DELEO) Madam Secretary, that completes our Messages. I thank you very much. And you have resolution?
33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Senate Resolution 252, offered by Senator Haine and all Members. It is a death resolution.
PRESIDING OFFICER: (SENATOR DELEO) Resolution Consent Calendar. For the purposes of an announcement. For the purposes of an announcement, all Members within the sound of my voice please come to the Senate Floor. We’re about to go to Senate Bills 3rd Reading. Final passage. We’ll be going to Senate Bills 3rd Reading, final passage. All Members within the sound of my voice please come to the Senate Floor. Madam Secretary, House Bills 1st Reading, please.
House Bill 236, offered by Senator Althoff. (Secretary reads title of bill) House Bill 1450, offered by Senator Althoff. (Secretary reads title of bill) House Bill 2010, offered by Senator Demuzio. (Secretary reads title of bill) House Bill 2388, offered by Senator Althoff. (Secretary reads title of bill) House Bill 2526, offered by Senator Althoff. (Secretary reads title of bill) House Bill 2946, offered by Senator Haine. (Secretary reads title of bill) House Bill 3687, offered by Senator Althoff. (Secretary reads title of bill) House Bill 3641, offered by Senator Althoff. (Secretary reads title of bill) And House Bill 4050, offered by Senator Sandoval. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DELEO) Senator Geo-Karis, the lady from Lake, for what purposes are you seeking recognition, ma'am?
On a point of personal privilege.
PRESIDING OFFICER: (SENATOR DELEO) Please state your point.
34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 I would like to thank Joe Clary, the Parliamentarian, for his great help on the memorial service today. Thank you so much.
PRESIDING OFFICER: (SENATOR DELEO) Thank you, Senator. Thank you for bringing it to the Body’s attention. Okay, Ladies and Gentlemen, if we turn our Calendars to page 4 of your Calendar. We have Senate Bills 3rd Reading. In the bottom of the page is Senate Bill 3rd Reading. 1333. Senator John Cullerton. Senator John Cullerton, on 1333. Out of the record. Okay. Ladies and Gentlemen, please turn your Calendars to page 36. On the bottom of page 36 is Senate Bills 3rd Reading. Senate Bill 930. Sponsor’s been changed to Senator Haine. Senator Haine, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill. Senator Haine seeks leave of the Body to return Senate Bill 930 to the Order of 2nd Reading for the purpose of amendment. That’s -- is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading, is Senate Bill 930. Madam Secretary, are there any amendments approved for our consideration?
Floor Amendment No. 2, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR DELEO) Senator Haine, to explain -- Floor Amendment No. 2, sir.
Yes. Mr. President and Ladies and Gentlemen of the Senate, this -- this is -- No. 2 includes Floor Amendment No. 1 and it removes the option of performing functional training for physical therapists. This was brought forward by the Occupational Therapists. The bill generally amends the Regulatory Sunset Act and the Illinois Physical Therapy Act. It defines differently physical therapy. It changes the examining committee and the disciplinary board. It adds that a majority of appointed board members constitutes a majority, and a majority vote is what is required for a decision of the board. It -- it sets minimum standards for it -- the degree of physical therapy assistant. Does a number of other things and these things were worked out in the House with the State Medical Society, the Occupational Therapists and IDFP. And so, there are no opposition -- there’s not -- not any opposition to this bill at the moment. 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
PRESIDING OFFICER: (SENATOR DELEO) Okay. Senator Haine moves the adoption of Floor Amendment No. 2 to Senate Bill 930. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DELEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading, Senator Haine on Senate Bill 930. You wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the bill.
Senate Bill 930. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DELEO) Senator Haine.
Well, I -- I -- moments ago -- a few moments described what this bill does. Again, there isn’t -- the -- the -- any objections were worked out in the House. There were some in the Senate we worked out, but I believe it’s -- it’s without opposition. It’s a good bill. It’s advanced by the Illinois Physical Therapy Association.
PRESIDING OFFICER: (SENATOR DELEO) Thank you. The question is, shall Senate Bill 930 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 930, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, continuing on Senate Bills 3rd Reading, please turn your Calendar to page 52. On the bottom of page 52 on your Calendar, comes Senate Bill 1138. Senator Cullerton. Senator John Cullerton, on 1138, sir? Out of the record. Ladies and Gentlemen, please turn your Calendars to page 56. At the top of page 56 comes Senate Bill 1180. Senator Link. Senator Terry 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Link, on Senate Bill 1180, sir. Do you wish to proceed, sir? He indicates he wishes to proceed. Senator Link now seeks leave of the Body to return Senate Bill 1180 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1180. Madam Secretary, has there been any -- amendments approved for our consideration?
Floor Amendment No. 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR DELEO) Senator Link, to explain Floor Amendment No. 1, sir.
I think -- I think it’s…
PRESIDING OFFICER: (SENATOR DELEO) Excuse me.
I think it’s Floor Amendment 3, Mr. President.
PRESIDING OFFICER: (SENATOR DELEO) Just give us one second and let the Secretary please correct the amendment. Senator Link.
I’d like to move to table Floor Amendment 1.
PRESIDING OFFICER: (SENATOR DELEO) Okay. The -- the Gentleman moves to table Floor Amendment No. 1. That motion is always in order, sir. Those in favor will say Aye. Those opposed will say Nay. The Ayes have it, and Floor Amendment No. 1 is now tabled. Gentleman would like to proceed on Floor Amendment No. 2. Floor Amendment No. 2 -- 3. Okay. Floor Amendment No. 1 has been tabled. Senator Link, -- explain Floor Amendment No. 3 to Senate Bill 1180, sir.
Thank you, Mr. President. Senate Bill 1180 with Floor Amendment 3, it just changes the bill - increase fee from five dollars per forty to nine dollars per forty. Be more than happy to answer any questions on 3rd Reading.
PRESIDING OFFICER: (SENATOR DELEO) Thank you, sir. Senator Dillard, for what purpose do you rise?
37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Thank you, Mr. President. If -- if the sponsor would yield for a question, this is a fee increase and why doesn’t he tell us a little bit about this fee increase? And my guess is his answer he’s going to tell me, I think, this is a fee increase on bad guys. But tell us, Senator Link, about this fee increase.
PRESIDING OFFICER: (SENATOR DELEO) Senator Link.
I -- I don’t know if I would consider it bad people, but it’s people that have been convicted of a moving violation or a traffic offense. And when they’re convicted, then it would be a fee on them upon conviction in person paying, it would be an additional four-dollar fee.
PRESIDING OFFICER: (SENATOR DELEO) Senator Dillard.
You know, I’m trying to help you here, Senator. And so where’s the money going to go?
PRESIDING OFFICER: (SENATOR DELEO) Senator Link.
It’s going to go to law enforcement training.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any further discussion? Any further discussion? Seeing no further discussion, Senator Link moves the adoption of Floor Amendment No. 3 to Senate Bill 1180. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for our consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading, comes Senate Bill 1180. Senator Link, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill.
Senate Bill 1180. (Secretary reads title of bill) 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Thank you, Mr. President. I thank my colleague, Senator Dillard, for basically explaining my bill for me. But this -- what this does is amend the -- the Unified Code of Corrections and helps collect and distribution of money for traffic criminal codes. It will -- a bill will increase the fee from five dollars a -- per forty to nine dollars per forty to help Traffic Criminal Conviction Surcharge Fund and it will be used for training programs for law enforcement officers. I don’t know of any opposition and would ask for affirmative vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Rauschenberger, for what purpose do you rise, sir?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator Link, is -- isn’t -- isn’t the funds to be raised by this new fee on people who are convicted essentially to replace the money that we’ve swept from the funds that used to be used for the police and fire training board? I mean, aren’t we, again, kind of backfilling out of the funds that used to be available? I think this came up last year, as well, where they’re looking for a funding source. Is this new fund where you’re depositing this money exempt from future sweeps or -- or percentage charge backs by the Governor?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
The first part of the question is, the answer is, no. This is not from the sweeps and I do not think that this is eligible to be swept in the future.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rauschenberger. 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
Well, I -- I don’t mean to disagree with you, but I think this is eligible for sweeps and was a fund that was swept and -- and part of the shortfall that they’ve been telling the -- the training board is go find a revenue source. So, you know, I -- it -- it’s really great to charge bad guys more stuff, but I would just caution Members on this side of the aisle, it’s another example of sweeping the fund, essentially telling people who used to perform important services, go find a resource and let’s pass another tax onto somebody to pay for this administration.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any further discussion? Is there any further discussion? Is there -- Ladies and Gentlemen, the question is, shall Senate Bill 1180 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is -- open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 33 Ayes, 24 Nays, 0 voting Present. Senate Bill 1180, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, I have your attention for -- for an announcement. For an announcement, please. Would the members of the Rules Committee -- would all members of the Rules Committee please report to the President’s Anteroom immediately? We will have a meeting of the Rules Committee. Would all Members of the Rules Committee please report to the President’s Anteroom immediately? Thank you so much for your consideration. Madam Secretary, Messages from the House. And Senator Halvorson in the Chair.
A Message from the House by Mr. -- Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 122, together with House Amendment 1. Passed the House, as amended, May 26, 2005. I have like Messages with respect to Senate Bills 350, with House Amendment 1; Senate Bill 530, with House Amendment 1; Senate Bill 1883, with House Amendments 1 and 2; Senate Bill 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 1909, with House Amendment 1, Senate Bill 1953, with House Amendment 2; and Senate Bill 2082, with House Amendment 1. Passed the House, as amended, May 26, 2005. I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the -- in the adoption of their amendment to a bill of the following title, to wit: Senate -- pardon me, House Bill 601, with Senate Amendment 1. Non-concurred in by the House, May 26, 2005. I have like Messages on House Bill 870, with Senate Amendment 3; House Bill 1457, with Senate Amendment 1; House Bill 1679, with Senate Amendment 2; House Bill 2444, with Senate Amendment 1; and House Bill 3801, with Senate Amendments 1 and 2. All non-concurred in by the House, May 26, 2005.
PRESIDING OFFICER: (SENATOR HALVORSON) Committee Reports.
Senator Viverito, Chairman of the Committee on Rules, reports the -- reports the following Legislative Measures have been assigned: Be Approved for Consideration - Floor Amendment No. 2 to House Bill 1968 and Floor Amendment 5 to House Bill 2137.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff, for what purpose do you rise? Senator Sullivan, quit pushing Senator Althoff’s button. I’ve seen you do that twice now. Senator DeLeo, on Senate Bill 1209. Senator DeLeo, seeks leave of the Body to return Senate Bill 1209 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1209. Madam Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator DeLeo.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo, to explain your amendment. SENATOR DeLEO: Thank you very much, Madam President and Ladies and 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Gentlemen of the Senate. Please let me explain this. We -- the next three bills that I’m about to present we’ve already heard these bills. They’ve already been debated in the Senate. They went over to the House. The House -- Senator Winkel was very, very kind. He had a House Bill 325. We’ve put these three bills on Senator Winkel’s bill; they went over to the House. They -- the House ask us to break ‘em out and do individual bills, because they’re conveyance bills, so the next three bills we’ve heard, we debated, we passed. I’ll explain to you what it is real quickly. Just so you know why we’re doing it over and over again. Floor Amendment No. 1, this authorized the University of Illinois to convey land to the Chicago Park District. This is going to be a park and -- the land’s going to be turned into a park in the west loop of the City of Chicago. The only change in this piece of legislation that originally went out -- it was a land swap -- they decided it -- the land -- land wasn’t big enough - what they’re swapping. So, the Chicago Park District is going to pay a little over seven million dollars. That’s the only change. So I ask for this -- this -- adoption of Floor Amendment No. 1.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any -- is there any discussion? Senator DeLeo moves the adoption of Amendment No. 1 to Senate Bill 1209. 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?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading, Senator DeLeo, do you wish to proceed? Madam Secretary, read the bill.
Senate Bill 1209. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Madam President and Ladies and 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Gentlemen of -- of the Senate. Senate Bill 1209, as amended, you just heard the -- the -- the amendment. That is the bill. I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1209 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 56 Yeas, none voting Nay, none voting Present. And Senate Bill 1209, having received the required constitutional majority, is declared passed. Senator DeLeo seeks leave of the Body to return Senate Bill 1211 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1211. Madam Secretary, are there any amendments approved for consideration?
Yes, Madam President. Floor Amendment No. 1, offered by Senator DeLeo.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo, to explain your amendment. SENATOR DeLEO: Thank you very much, Madam President and Ladies and Gentlemen of the Senate. Once again, as I just explained in the last bill, this is the same situation. Senator Winkel’s bill -- this was stripped and sent back to -- put on his bill, a stand alone bill. This is in my district on the northwest side of Chicago. The -- the State of Illinois has approximately thirty- some acres there. We're -- we’re granting a permanent conservation easement. So, there will be no stores, no condos, no racetracks, no casinos. This is going to be a open space for the community and that’s what this does. So, I ask for -- for those -- adopt this amendment, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Lauzen. Senator DeLeo moves the adoption of Amendment No. 1 to Senate Bill 1211. 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? 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1211. Senator DeLeo, do you wish to proceed? Madam Secretary, read the bill.
Senate Bill 1211. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you, Madam President and Ladies and Gentlemen of the Senate. As I just explained, the amendment, this becomes the bill. I just ask for everybody, let’s protect that wetland. Let’s keep that open space for the benefit of the people of the State of Illinois. I ask for a favorable roll call in Senate Bill 1211.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Lauzen.
Yes. Thank you, Madam President. Just a -- just two -- two quick questions for the sponsor. Number one, are there…
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield, Senator Lauzen.
Are there any quick-take or eminent domain on any of this property? And on our analysis it shows that in committee Senator Winkel’s vote was a No, but is that like on a previous life of this bill?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: I have no idea why Senator Winkel was confused at this moment. This -- this is -- there is -- there’s -- there’s no quick-take. There’s no eminent -- we own the property - State of Illinois owns the property. We’re just preserving it for the family -- for the communities. 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 1211 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 57 Yeas, none voting Nay, none voting Present. And Senate Bill 1211, having received the required constitutional majority, is declared passed. Senator DeLeo seeks leave of the Body to return Senate Bill 1212 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1212. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator DeLeo.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo, to explain your amendment. SENATOR DeLEO: Thank you very much, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to Senate Bill 1212 creates nine new casinos in the State of Illinois. Five are land-based, one’s at Navy Pier. No, I’m -- I’m -- please excuse me. Let -- let me very, very serious. This is brought to us by the City of Elgin and the University of Illinois. This is a conveyance of some land. It’s going to be used -- it falls under our -- our guidelines for conveyance. It’s public education, recreational purposes. It’s going to be part of the junior college district in the City of -- of Elgin. Once again, this was put in Senator Winkel’s bill and was -- this is stand alone. We passed this out before. This is for the -- the junior college in the City of Elgin. I ask for the amendment to be adopted, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator DeLeo moves the adoption of Amendment No. 1 to Senate Bill 1212. 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?
No further amendments reported, Madam President. 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1212. Madam Secretary, read the bill.
Senate Bill 1212. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Madam President. As I said, the -- this -- they identified nine acres as currently Vegas -- vacant - - Vegas? Currently vacant and -- contiguous to the City for this community college for Elgin Community College.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1212 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 57 Yeas, none voting Nay, none voting Present. And Senate Bill 1212, having received the required constitutional majority, is declared passed. For the record, 1209, 1211 and 1212 the sponsorship was changed from Senator Cullerton to Senator DeLeo. Senator Raoul is taking over 1213. It -- the sponsorship has changed from Senator Cullerton. Senator Raoul seeks leave of the Body to return Senate Bill 1213 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1213. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Raoul, to explain your amendment.
The -- the amendment -- Floor Amendment 1 becomes the bill. It -- is -- is essentially exchange of land between the City of Chicago and the State of Illinois. Both parcels are parking lots. It -- it grants a unimproved parking lot to the State of 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Illinois, and that’s essentially the essence of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Raoul moves the adoption of Amendment No. 1 to Senate Bill 1213. 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?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1213. Madam Secretary, read the bill.
Senate Bill 1213. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Raoul.
I urge a favorable vote on this matter.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1213 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 58 Yeas, none voting Nay, none voting Present. And Senate Bill 1213, having received the required constitutional majority, is declared passed. Okay. Now on the Calendar, page 67, on the Order of House Bills 3rd Reading. Senator Winkel, on 325. Senator Winkel. On House Bill 325. Senator Winkel seeks leave of the Body to return House Bill 325 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 325. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 5, offered by Senator -- Raoul.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Winkel, to explain the amendment. 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
Madam President, what I need to do on this bill is, I need to table Senate Committee Amendment No. 1, Senate Floor Amendment No. 2 and Senate Floor Amendment No. 4, and then I’d like to move to adopt Senate Floor Amendment No. 7.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Winkel moves that Floor Amendments 1, 2 and 4 be tabled, which that motion is always in order. Senator Winkel.
The -- Amendment No. 1 is a committee amendment. Committee Amendment No. 1 needs to be tabled. Floor Amendment No. 2 and Floor Amendment No. 4 need to be tabled.
PRESIDING OFFICER: (SENATOR HALVORSON) Committee Amendment No. 1, Floor Amendment 2 and Floor Amendment 4. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and amendment -- Committee Amendment 1, Floor Amendment 2 and 4 are tabled. Senator Winkel.
Thank you, Madam President. What I would like to do now is to move to adopt Floor Amendment No. 7. What Floor Amendment No. 7 will do, will bring the bill back -- no? No. 7 was just approved by the Executive Committee.
PRESIDING OFFICER: (SENATOR HALVORSON) One second, Senator. We’re going to seek clarification on this. Senator Winkel, do you wish to table Amendment No. 5?
That’s correct. Yes.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Winkel moves that Amendment No. 5 be tabled. That motion is always in order, and those in favor will say Aye. Opposed, Nay. The Ayes have it, and No. 5 is tabled. Do you wish to proceed on No. 7?
Yes.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Winkel, to explain your amendment.
Thank you. Floor Amendment No. 7 to House Bill 325 returns House Bill 325 to as it was originally Engrossed, but adds the 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 phrase “and mutually agreed upon perpetual access rights for educational and research purposes". This involves a land conveyance. It authorizes the conveyance, authorizes the University of Illinois Board of Trustees to make the conveyance. It’s in exchange for a fair market value based upon three certified appraisals, with the language I just mentioned. I ask that -- the -- the amendment be adopted, please.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Winkel moves the adoption of Floor Amendment No. 7 to House Bill 325. 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?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 325. Madam Secretary, read the bill.
House Bill 325. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Winkel.
Thank you, Madam President. House Bill 325, as amended, Amendment No. 7 becomes the bill. It’s the same amendment I just described. I would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 325 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 58 Yeas, none voting Nay, none voting Present. And House Bill 325, having received the required constitutional majority, is declared passed. Senator Link, on 337. Senator Link seeks leave of the Body to return House Bill 337 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 of 2nd Reading is House Bill 337. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, to explain your amendment.
Thank you, Madam President. This is straightening out the subcircuits. I’ll be more than happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator -- Link moves the adoption of Amendment No. 1 to House Bill 337. 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?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 337. Madam Secretary, read the bill.
House Bill 337. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Thank you, Madam President. This is a bill -- a subcircuit bill that we made some changes and I know that in committee I verified that we would not make these changes if the Governor had signed the previous bill, but we found some mistakes that needed to be corrected. I indicated in committee that I had apologized for -- for having to do this, but here to go over some of the topics that now I have my proper notes. In Will County we changed the district slightly by addressing a local concern of one precinct. In Lake County the bill was changed at the borders to create a majority/minority subcircuit district in District 1. In Kane County we increased -- the bill increased the number of 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 subcircuits from four to five. The bill also made -- it would -- made a -- created a majority/minority District 1 and increased the minority population in District 2. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Geo-Karis.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator, the changes you made for Lake County, were those in line that you had talked with Judge Mullen about?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link. Excuse me. Senator Link was unable to hear the question. Please keep it down. Senator Geo-Karis, could you please repeat that?
Certainly. Senator, the changes that you made for Lake County, were those in line with the suggestions made to you by Judge Mullen?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
They were suggestions made by MALDEF and other minority interests, and that’s why the district was changed.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard.
Thank you, Madam President. Will the sponsor yield for a question, please?
PRESIDING OFFICER: (SENATOR HALVORSON) -- sponsor indicates he’ll yield.
Senator Link, what members of the judiciary, a separate but equal branch of government, have you discussed House Bill 337 with?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link. 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
I did not personally discuss it with any. We had hearings on subcircuit bill in general at five different locations and I know at the Lake County, where I was, we had a number of judges and State’s attorneys and people of the Judicial Branch indicating what their situation was on the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Roskam.
Thank you, Madam President. You know, we all make errors in the Illinois General Assembly and we learn from our errors. And an error that Senator Link told us that was made on a previous bill, he’s come forward and now with House Bill 337 he’s asking for our support to correct the error. Generally what happens is when you make a mistake, is you come back and you do something differently. The mistake that was made in the previous judicial subcircuit bill, which has resulted in maps that need to be changed dramatically. Cook County is drawn into this map, as -- as was enacted in a rush. There’s all kinds of other problems. They’re -- they’re -- they’re doing things in several different counties. And yet the seeds of another bad decision are being laid today, because the type of discussion that Senator Dillard just asked an inquiry about hasn’t happened with this bill. The five hearings that you heard referenced in the previous answer, that was about the other map. There hasn’t been any discussion. There hasn’t been -- well, I mean, there hasn’t been any discussion with this side of the aisle. That’s for sure. We know of very little contact with members of the Judiciary, based on good friends who sit in the back row who -- who have good insight into this. So when a problem comes up, I think it’s incumbent upon us to say, you know what, we understand that mistakes are made, and we’ve all done it, and that’s why we have the amendment process. But what is incumbent upon us is to change the manner in which a bad decision was made. The bad decision was made last time with all kinds of drafting errors, all kinds of miscues about where these things are supposed to be, all kinds of misunderstandings about where various populations are. I mean, we pointed out the racial inequities back in the -- before the last bill was put into place. We made those 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 arguments. I have a strong independent recollection of pointing those arguments out. And some of them, to the sponsor’s credit, are being brought into consideration today and I congratulate him on that. But you know what? To not have hearings on this, to have no contact with this side of the aisle, to present a major change with two and a half hours notice, is really no way to run a railroad. So, you know, I respect the sponsor’s desire to amend and to change. I do. We all make mistakes and -- and I do, as well. But what we need to learn is the product of bad decision-making. This bill is the product of bad decision-making and this bill lays the seeds to more bad decision-making. I urge a No vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator del Valle.
Thank you, Madam President. I voted Present on the last bill, because I felt that we needed to do better with -- with the numbers. And I want to state for the record that Senator Link responded to my concerns and he met with MALDEF and we went over the numbers and adjustments have been made to ensure that Hispanics have a fair opportunity to elect judges in Lake County and Kane County. And I want to thank Senator Link for -- for responding to those concerns. We do have a -- a better map now as a result of -- of his work and I urge support for this bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Can the doorman please tell the people outside the Chamber to keep it down? Senator Rauschenberger.
I -- I just wanted to rise in surprise and disappointment again, in this judicial map, the -- the great cartographers over, apparently, in the House have done it again. You know, I just want people to be on notice - if this is the end of Session, let’s slam through all the stuff politically, get everybody ready for a bad budget. Let’s slam it and go home. Well then, welcome to it. You know, I just want to put everybody on notice. I’m going to go back to Kane County and tell people how thoughtful this was, how many meetings there were with Kane County judiciary, how people in my community were talked to. Besides the cartographers and the demographers who did your great work in 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 2002, it’s pretty cynical for you guys to bring this map. Not a word of consultation with me, anyway. I’ve represented proudly the Elgin area for almost fourteen years. You’d think at some point before you carved up a county you didn’t understand, again, that you’d at least talk to us. So, I just wanted to thank the sponsor for his consideration.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Well, all I have to say is what a difference a day makes, because this has been the process. It was the process for ten years when you were in the majority under Pate Philip. It’s the same process now.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, to close.
Thank you, Madam President. I think the characterization that we do not consider facts are very -- misplaced here tonight. Most of this stuff is technical changes. There was a Cook County area in here that we took out. When we lowered the number of people by making another district in Kane County, we allowed it to have minorities have a super-majority/minority district in Kane County to comply with the Voter’s -- Rights Act. We changed Lake County with concerns that were brought up to us in areas that I represent. So, you know what? I talked to my Senator. Me. And I changed an area to make a -- superminority district for subcircuits. This concern has been met. We did it. We changed it. I take great offense to talk about that we’re doing it in the last minute. I’ve been in this Chamber for nine years. Trust me. I was in the minority for six years. I know what it’s like to get things rammed down my throat the last minute. This is -- something that was thought out of with concern. There was hearings. There was opportunity for people to -- concerns to be brought forward. It was always there. This bill was brought forth for a long time. It was an opportunity for people. Let’s give the people the opportunity to vote the way they should. I suggest 59 Aye votes.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 337 pass. Those in favor 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted -- have all voted who wish? Have all voted who wish? Take the record. On that question, there are 34 Yeas, 24 Nays, none voting Present. And House Bill 337, having received the required constitutional majority, is declared passed. Senator Trotter. With leave of the Body, we’ll return to 369. Senator Hunter, on 511. Senator Hunter seeks leave of the Body to return House Bill 511 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Okay. There is no amendment. We are on 3rd Reading. Senator Hunter, do you wish -- Senator Hunter. Senator Hunter, the amendment has been adopted, I believe. We are on 3rd Reading. Mr. Secretary, read the bill.
House Bill 511. (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. House Bill 511 creates a New Act called the Mercury-Free Vaccine Act. It basically declares that effective January 1, ’06, an individual must not be vaccinated with a mercury contaminating -- containing vaccine that contains more than 1.25 micrograms of mercury per dose. And also, beginning January 1, ’06 {sic}, a person must not be vaccinated with a vaccine or injection with any product that contains, or prior to dilution, had contained as an additive thimerosal or other mercury-based product, which -- at the preservative or trace amounts level. And I -- and I also would like to thank Senator Harmon. I also would like to thank the -- the Pediatrics Association, the Pharmaceutical Association for working diligently on helping us to negotiate this bill. And I’ll ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Before we move to discussion, CBS Channel 2 in Chicago seeks leave to -- permission to record. Seeing no objection, leave is granted. Discussion on House Bill 511. Senator Harmon.
55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Thank you, Madam President, Ladies and Gentlemen of the Senate. I rise in strong support of Senator Hunter’s bill and I applaud her efforts in working with me on this. We started with two pieces of legislation - here and a bill in the House - and managed to pull them together into an agreed bill. And I don’t believe there’s any opposition and I certainly would hope everyone would join us in voting Aye. I was asked one question by some of the folks, and for the purpose of legislative intent want to be clear. The question was whether this bill would ban the use of a -- a vaccine that does not contain mercury preservative merely because the manufacturer at one time used a preservative in another vaccine. And the answer to that is a -- a -- clearly no. It applies only to vaccines being used on and after the date set forth in the legislation. So, I urge everyone to vote Aye.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Thank you, Madam President. I simply rise in support of the legislation. It did pass out of Health and Human Services Committee unanimously, more than once, and I appreciate both Senators Hunter and Harmon’s efforts on it. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 511 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 56 Yeas, 1 voting Nay, none voting Present. And House Bill 511, having received the required constitutional majority, is declared passed. Senator Sieben, for what purpose do you rise?
Madam President, I’d like the record to reflect that I intended to vote Yes on 511.
PRESIDING OFFICER: (SENATOR HALVORSON) The Senate -- the record shall so reflect, Senator Sieben. Rules will meet immediately in the Senate President’s Anteroom. Rules Committee immediately. Mr. Secretary, Committee Report.
Senator Viverito, Chairman of the Committee on Rules, 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 reports the following Legislative Measures have been assigned: Be Approved for Consideration - Floor Amendment No. 3 to House Bill 1968.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter, on House Bill 991. Senator Hunter seeks leave of the Body to return House Bill 991 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 991. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter, to explain your amendment.
Thank you, Madam President and Ladies and Gentlemen of the Senate. Amendment 1 basically makes technical changes and it adds an immediate effective date.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the -- Senate -- Senator Hunter moves the adoption of Amendment No. 1 to House Bill 991. 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?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 991. Mr. Secretary, read the bill.
House Bill 991. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.
Basically, House Bill -- 991 allows a child with a severe potentially life-threatening allergy to possess and use an -- an inhaler - automatic injector - at a recreational camp. And the 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 proponents are the Lung Association, Lung Association of Metropolitan Chicago, Jewish Community Centers, the -- the Academy of Family Physicians. I know of no opposition to this bill, Madam -- Madam President, and I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Righter.
Thank you, Madam President. I rise in support of the bill. This bill did pass out of the Health and Human Services Committee unanimously. Also, I appreciate the sponsor’s hard work, and urge its passage. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 991 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 58 Yeas, none voting Nay, none voting Present. And House Bill 991, having received the required constitutional majority, is declared passed. Page 69. Senator Jacobs, on 1919. Senator Jacobs seeks leave of the Body -- one second, Senator Jacobs. We’re -- we’re just on 3rd Reading. So, Mr. Secretary -- so, on House Bill 1919. Mr. Secretary, read the bill.
House Bill 1919. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.
Madam President and Ladies and Gentlemen of the Senate, House Bill 1919 is a technical change to the Riverboat Act. It clarifies what the -- Legislature intended in 2002 and 2003, when it originally passed this legislation. The Attorney General drafted and the Gaming Board has approved this language. The bill passed out of Executive Committee with a 9-0 vote, and I would appreciate your favorable consideration.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Roskam. 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
Thank you, Madam President. I rise in support of the bill. I think it’s -- it is a technical change. I don’t think anybody can argue that this is an expansion of gambling in any way, and I urge its passage.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Sieben.
Thank you, Madam President. I, too, rise in support of the legislation. I’ve worked with the sponsor, and his father before him, to get this accomplished for the purpose of the relocation of the casino Rock Island. In no way do I consider this an expansion of gambling. I have repeatedly opposed the expansion of gambling without referendum. So I would ask for an Aye vote, as well.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 1919 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 45 Yeas, 10 voting Nay, none voting Present. And House Bill 1919, having received the required constitutional majority, is declared passed. Senator Link. Senator Link -- seeks leave of the Body to return House Bill 1968 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1968. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, to explain your amendment.
It’s the amendment about the election laws. I’ll be more than happy to talk about it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Link moves the adoption of Amendment No. 1 to House Bill 1968. All those in favor will say Aye. Opposed, Nay. The Ayes 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, to explain Amendment No. 2.
We want to table Floor Amendment No. 2.
PRESIDING OFFICER: (SENATOR HALVORSON) That is always in order. Senator Link moves that Floor Amendment No. 2 is tabled. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and Floor Amendment No. 2 is tabled. Mr. Secretary, are there any further Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, to explain -- Floor Amendment No. 3.
Technical change. Be more than happy to explain it on the 3rd Reading.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link seeks -- moves the adoption of Amendment No. 3 to House Bill 1968. 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?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1968. Mr. Secretary, read the bill.
House Bill 1968. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Thank you, Madam President. This bill is largely derived 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 from Senate Bill 955 from the 93rd General Assembly and is legislation from this Session that has been introduced and passed, including Senate Bill 1697, Senate Bill 1683, House Bill 3639, House Bill 2564, for example. And that this language contained in this amendment in House Bill 1968 is largely not new to the General Assembly. I’ll be more than happy to answer any questions about this.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Dillard.
Thank you, Madam President. And, Senator Link, you know, this may be a good bill and we may have seen the things in this two-hundred-and-twenty-some-page bill before, but this is a two- hundred-and-twenty-page Election Code bill that our staff never saw until around noon today. And until we have a chance to read it, I’d urge us all on, at least this side of the aisle, to be very cautious.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Wendell Jones.
Yeah, thank you, Madam President. I have a couple questions for the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator Link, most of these election law bills that you mentioned have come through Local Government. Can you tell me why this went to a different committee?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Because what had happened, this was consolidation of all these election bills and at this time, I guess, we decided to put it all under one roof and put it in the Executive Committee. Because we know you would of still passed it out of Local Government, but we decided to put it under elections, because I happened to be there today.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones. 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
I’m sure that’s true, we would have passed it out of Local Government. But I guarantee you it would have been six to four. In just the short period of time that I’ve had to read some of this, and I think the last time I spoke on it, I spoke about registration at colleges. For example, in here it requires -- Ladies and Gentlemen, it requires that the colleges and universities register voters or help to register voters. I just wanted to read something in the statute. For voting purposes, residence means permanent abode, a person’s principle dwelling place. And two elements are necessary to create a residence: Physical presence and intent to remain there as a permanent home. We are treating college students as if they remain there in a permanent home. It’s important to vote. It’s very important to vote in this country. But I think we are going overboard, particularly with this omnibus bill at the last minute trying to pass a two-hundred-and-twenty-page bill, which obviously may be just because -- I think in here it probably says just because you are dead, doesn’t mean that you give up your right to vote. Now, I know many of you are from Cook County and may take offense at that, but I think we need to look at this bill very, very, very carefully. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Thank you. Senator Link, in trying to wade my way through this massive piece of legislation, I came upon a provision that talks about vendors being required to maintain the records of the -- whatever business they do with, let’s say, a candidate for a year. Is that -- that -- is that correct? And that’s a new requirement, is it not?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
That is correct. 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Whenever we pass a -- a piece of legislation, whether it's on elections or anything else, one of the issues that we’ve got to be concerned about is -- is what’s in the bill to encourage people to comply with it and then the enforceability of that if they chose not to. What is the penalty for a vendor if they violate -- if they fail to keep the records for at least one year?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
I don’t know if we addressed that under this provision of the law, but one of the reasons that we did this, Senator Righter - and I used the example in committee today and I think that all of us have been through this or have had experiences about this particular issue - say that Senator Roskam decides he wants to buy some robo calls against Senator Righter, but he doesn’t use them as -- against Senator Righter. What he does is he says it’s in behalf of Senator Righter, but he’s talking about erroneous information about Senator Righter. And he says paid for -- on behalf of Senator Righter, but it’s all erroneous information. But Senator Roskam doesn’t send in a D2 form saying that he paid for this. So, the company says they got a check and they’re not divulging to anybody where they got this check from. All we’re asking is that they keep this record so that we know, or the State Board of Elections will know, that they can go back if there’s a challenge. If Senator Righter wants to know where this came from, that he could go back to this vendor and say, who paid for these ads? Because no one from my campaign paid for this add. And it’s a dirty tricks operation that we don’t need in Illinois politics. And if you -- wondering could this happen, it has happened. And it will continue to happen. And I have first- hand experience of it happening in a local election up by me. And it was really unfortunate that it happened and I don’t think it should happen again. And I want to make sure it doesn’t happen again, and this is the best way we could do to solve it.
PRESIDING OFFICER: (SENATOR HALVORSON) 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Senator Righter.
Senator, I just wanted to know if there were any penalty provisions in there for a vendor who didn’t hold the paperwork for a year. Are there?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
I -- I don’t think that we put that provision in there. But we’re asking them to hold it for a year and that’s all we’re doing with these vendors is asking them to do it. And I think they will -- fulfill that request.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Okay. Now, let’s talk about enforceability. What if the vendor - let’s say that the vendor is a phone bank - and they are located in Wisconsin or Indiana, or better yet, what if they’re - - what if they’re located out of the country? Maybe they’re located in, let’s say, Canada, Senator Link. So a political party is contracting with a -- with a phone bank in, let’s say, Canada and they violate the provisions of this bill. Is there anything that the State Board of Elections can do to enforce the -- the -- the regulations that we’re putting in place here against them?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
If -- if you would like, Senator Righter, we could put an amendment on here, sponsored by you, that we could have a million-dollar fine on these people. It would be fine with me, because I think the vendors are not the people we’re going after. The person I’m going after, that I want to get, is the person that paid that check who is violating Illinois law right now by not disclosing the fact that he paid that check. I’m asking cooperation from that vendor to just at least tell us who sent that check. That’s what I’m asking for. I’m not telling the vendor that they’re in violation. I don’t want to put these vendors out of business. I do want to put the person out of 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 business that violates the Illinois statutes on the State election laws that does not file the proper D2 forms to indicate an in-kind, unkind type of forms that they should be doing.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
…bill, Madam President. Thank you. Well, Senator Link, thank you very much for your forthright responses. I appreciate that very much. I want to reiterate first, a little bit, Senator Dillard’s concern. We are in the late hours here. This is a large, large piece of legislation that’s going to affect every one of you and all of the vendors that you do business with in your campaigns. And if you feel comfortable enough that you know the terms of this bill well enough that you’re willing to vote for it and know how that’s going to affect you in your next campaign, then you should vote Yes. But I don’t think there’s very many of us in this room who feel comfortable about this. Another point of concern we should raise is, is that there’s -- this is clearly enforceable - clearly enforceable - against vendors who are within the -- in the State of Illinois -- within the boundary of the State of Illinois, ’cause this is a State law. But, for those parties or individuals who contract with vendors that maybe are out of the State or out of the country, let’s say, Canada, those vendors are off the hook in this legislation. And I don’t think that’s quite the right thing to do. I would urge a No vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator John Jones.
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator Link, over the last couple/three years, we’ve passed some pretty tough ethics reform in -- in -- which really limits us on what we can do in raising funds and the like. And you know, you can’t do anything in your district office anymore. Is -- is -- is that not true?
PRESIDING OFFICER: (SENATOR HALVORSON) 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Senator Link.
I -- I presume that that’s totally correct and it should be. Yes.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones.
I see here on page 7 of the bill where it says -- and -- and I’m going to read it so that everybody here understands it - and I don’t know why you would want this -- this job, but - “Voter registration applications; General Assembly district offices. Each member of the General Assembly and his or her State employees authorized by the member, may make available voter registration forms supplied by the State Board of Elections under subsection (e) of Section 1A-16 to the public and may undertake that and other voter registration activities at the member’s district office, during regular business hours or otherwise, in a manner determined by the member.” So, I can sit there in my office and look up ELECT and see that certain people may not be registered. So, I can pick up the phone or I can have an employee in my office pick up the phone and say, “You need to stop by my office. We need to register you to vote.” Is -- is that what this bill really says?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
No, it doesn’t, Senator Jones, and I think you’re misinterpreting and reading it incorrectly. What it says is if a person comes off the street, and you know it in your district office as it is in my district office and it is in every other person’s district office, you get people coming in there that might ask you about where do I pay my water bill? Where do I pay my electric bill? All sorts of questions that might be unrelated to us. But they also ask you, where can I register to vote? And your employee has the opportunity to hand them a motor voter card or whatever you want to call it - a post card - to say, here I can give this to you. That’s what they’re doing. They’re not electioneering. They’re not asking people to vote. By making that phone call, you would be brought in front of the Ethics 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Commission for violating the law and electioneering in your office. There is no electioneering allowed in the statute right now to allow you to do that. This provision would not allow you to do that. You would be in violation of the ethics bill right now as it stands, and it would not be changed by this provision.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones.
Well, Senator Link, you know, I know it’s late on Thursday evening, but I -- I totally disagree with you, the way I reading this -- this here. And I’m -- I’m not an attorney or -- you know, but I -- I really think that you are misinterpreting the -- the bill and I would recommend everybody to vote No on this.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rauschenberger.
Just a couple of questions for the sponsor on the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator Link, as I understand it today under the law, if we don’t pass this bill, if I apply for an absentee ballot and it’s mailed to me, and I voted because I don’t expect to be available in the jurisdiction on election day and I send it in. That ballot’s received by my election authority and it’s sent to my precinct where it’s held for after the closing of the polls to be matched against the voter rolls. Now, current practice is, if my circumstances change and I want to go in and vote on election day, I can surrender my absentee ballot receipt and have my absentee ballot thrown out and I can vote on election day whatever I decide to vote on election day. I’ve been told I’m afraid that this bill might change that right, your ability to surrender and recover your absentee ballot?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
No.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rauschenberger. 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005
Our -- our staff seems to think that you may have something -- we -- one quick sec here. You know, ‘cause we could just take this bill out of the record if you want and make sure we get this right, ‘cause I think it’s important. While he looks up the cite, my second question is, does this bill require employers - over twenty-five employees - to grant two hours of leave to everyone to vote?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
I didn’t hear the question.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rauschenberger, he did not hear…
Does this bill require every employer in the State, over twenty-five employees, to grant leave -- paid two hours of leave from work - paid leave, as I understand it - to vote?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
That -- that is…
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rauschenberger.
I’ll read you the cite on -- “except that the employer must permit a 2-hour absence during working hours if the employee’s working hours begin less than two hours after the opening of the polls and end less than two hours before the closing of the polls.”
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
That’s the law already, Senator Rauschenberger.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rauschenberger.
It -- it -- it’s in your bill underlined by our own Legislative Reference Bureau as a change in the statute. And I’m 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 reliably led to believe that it’s been found unconstitutional in the past. Now, you know, I realize the House didn’t have a lot of time to work on this, but -- you know, but -- I -- I just think there’s a lot of questions about this bill. I would prefer that we not change the Election Code. I mean, we’re going to be here a couple more days. Let’s take this out of the record and get our two staffs together.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
I -- it’s going to continue on.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Roskam.
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator Link, on page 7 of your bill, just following back up with the inquiry that Senator John O. Jones was making, the language that has gotten a lot of people’s attention and I know the press as well, is on page -- page 7, line 22. And it’s in this whole idea of making registration forms available, and so forth. The language that you’ve inserted is more expansive than simply making a form available. Here’s the language, and I’m reading it exactly. It says, “…and may undertake that and other voter registration activities at the member’s district office, during regular business hours or otherwise, in a manner determined by the member.” Now, you may have an idea in your head, Senator, about what you mean, but the plain language in statutory interpretation goes like this, you don’t go beyond the plain language of a bill in terms of when courts interpret things. What I said to you on the Floor earlier is that in -- in the -- in Executive Committee, when I first read it I said, “Oh, you’re creating a safe harbor for people.” But upon reflection, and as I’m reading this language, this is not a safe harbor. You’re pushing people out into a really stormy ethical sea. This creates a lot of ambiguity, because under this bill, Senator John O. Jones is right, there’s nothing that would prohibit a Member 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 of the Senate, Senator Swanson -- this is Senator Swanson’s Office calling and we’re here to provide you a public service and that public service is to come in and we have some voter registration forms available. Would you like to come in? Can we schedule for you for an appointment? Under this language, Senator, that you’re proposing, that can happen. Or the Senator Swanson can say, “Hey. Good news. We’ve got a bus that’s going to be coming by to pick folks up from the community center and we’re going to bring you to my district office.” I think the remedy for that, Senator, is just to say may make voter registration forms supplied by the State Board of Elections available. Everybody understands what that is in the plain language of making forms available. Someone comes in, they have a problem, they have a constituent problem, they make an inquiry about voter registration and your member’s -- the -- the district office staff says, here’s the information that’s available. But what you’re doing - and I’d like your response to this, and I know that this stuff was -- was slapped on in the House - what we’re doing is creating turmoil and ambiguity and I think we are going to be very disappointed with the results of this. And my question is, would you be willing to remove this from -- from the language of this bill and just tighten it up so that there’s no ambiguity? Because right now, this is as clear as mud.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Well, in all due respect, Senator Roskam, I know that, you know, you and your staff person are -- are -- are legal eagles and -- and I -- and I’m not going to disagree with you, because I am not an attorney. But when we ran this by the numerous amount of attorneys and the people that we deal with, their feelings are just the opposite, because we changed the language a number of times to make sure that this was as clear as could possibly be, because we did not want to make sure -- we wanted to make sure that none of those staff people that work for us or the Senators or Representatives could be in any danger of doing something illegal, whatsoever. This was just to clear it up. And you’re correct; I am trying to make a safe harbor to make sure that people are not in jeopardy of doing unethical things in their 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 office.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Roskam.
Well, I think it’s -- I think that attempt, Senator, has failed. Let me ask you another question. Why are you increasing the level -- the number of signatures that are required for people to get on the ballot from -- the Senate requirement is six hundred and you’re moving that up to a thousand. The House requirement is currently three hundred and you’re moving that up to five hundred. Why make it more difficult for people to get on the ballot?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
That’s very simple. We haven’t done it in forty years. Our districts have increased in population and it’s time that we match with the amount of people. I think the intent was to have a percentage of the amount of people in our district and I think it’s about time that we make this change reflective on our size of our district.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Roskam.
…could you turn to page 79 in your -- in your bill? Line 14. You correct -- part of the -- part of the reason that the Rules Committee was meeting earlier was to sort of remedy a situation that would have, I think, inadvertently based on the poor drafting in the House that we were fortunate enough to catch, that would have brought in a whole host of people involved to the -- to be required to register with the State Board of Elections. I think Amendment No. 3 took care of that problem. But there’s another problem that I want to ask you about. And it’s on -- it’s page 79. It says "Each nonprofit organization…" -- and it goes through and it describes, basically if they’re involved in elections, then they’ve got to disclose certain information with the State Board of Elections. Okay. That’s so- so, but you say, except for a labor union. Why, why, why in this effort to level playing fields and bring people in and make folks 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 have -- have all kinds of good things happening, why would you require one entire class of people who participate in the political process, to make disclosures that are public and searchable online and available on the World Wide Web, why would you exempt out labor unions?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
That’s existing legislation as we see it today and that’s why it stayed in there.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Roskam.
Well, Senator, on page 79 you’re proposing a lot of changes. It’s not existing legislation. I mean, you can argue that labor unions are supposed to be treated differently somehow. I mean, I don’t now what the rationale is, but what you’re doing is you’re saying these certain groups, i.e. chambers of commerce, Illinois Manufacturers Association, and all these other groups that -- get involved in elections are going to be subject to -- to a whole lot of information - I mean, just all kinds of reporting information - individual disclosures, locations of corporate books and on and on and on and on. Why, if you’re targeting those groups, wouldn’t you give that warm embrace to labor unions?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
As I said, it’s in existing legislation and we kept it that way.
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Roskam.
Well, thank you, Senator, and I understand the albatross of carrying bad bills through the House that are run roughshod and not given adequate process, and you’re a good soldier. But we need to spare Senator Link from what he’s about to do in this bill. He couldn’t give a good answer to Senator Jones, who raised the inquiry about electioneering in the -- in district 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 offices. And you know what’s going to happen? You know what’s going to be maddening? Is there’s going to be some State Rep or some State Senator someday within our -- within our circle of influence who is going to be on the phone and they’re going to have their district office smiling and dialing. And they’re going to be calling people up saying, hey, wow, Mr. Jones, welcome to the Senate district. Do you know you are not registered to vote? And under this legislation in this plain language, unambiguous, not -- not modified at all, but what may be in the well-versed intention of a Senate sponsor, courts do not look at what’s going on inside a Senate sponsor’s head when it’s unambiguous. And, Ladies and Gentlemen, this is unambiguous. There is nothing in this bill that would prohibit somebody from loading up a bus, going to the center and bringing people into the district office on State time. Is that the direction that we want to be going? Absolutely not. We’re trying to clean up this activity. We’re trying to move in a completely different direction. And if, by hook or by crook, this gets on the Governor’s desk, I hope, by golly, he gives this an amendatory veto. This bill is…
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett. Senator Roskam, I thought you were finishing up.
No. I’ll -- I usually close, Madam President, by making a recommendation to vote one way or the other. This bill is weak in that it makes it more…
PRESIDING OFFICER: (SENATOR HALVORSON) I didn’t think we needed that.
…difficult for people to have access to the ballot at a time when we’re trying to embrace people and get ‘em in -- more involved in the public process. This bill in this -- in -- in some cases raises -- almost doubles the number of signatures that are required. But perhaps the most insidious, least transparent attempt to stack this system is to say, oh, all of you organizations that tend to back one particular group you’re going to be subject to a requirement. Oh! Oh! Oh, yeah. You’re going to have all your information on this searchable database and 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 that’s fantastic. And you know what? I don’t mind that. But we’re going to carve out -- it's just one little group - it’s called labor unions. Come on. You can’t do it with a straight face. You know what to do and you know when to do it. Vote No.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.
Thank you, Madam President. To -- to the bill: I actually am a voter registrar and am very involved with voter registration activities. And so about a year ago, or year and a half ago, I pursued the fact that I’ve been told that legislators can legally and officially register voters in their office. And I wasn’t sure that was true, so I checked it through the department - the department of election - State Board of Elections and my local country clerks. Each and every one verified that it is okay for legislators and their staff to be able to register voters in their office. And I think this is important to say, because nobody should feel guilty about doing that. Our office staff actually has been trained to do that. We had a sign posted in our window letting people know that if they wanted to register to vote they could come to our office. I don’t see anything wrong with that. That’s the way the law is. We ought to know what is already on the books and if it needs clarification, this is one way in which to do it.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson.
Thank you, Madam President. Just a question of the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
I know there’s been a number of questions asked, but I just -- in reading through this bill, I just -- does this legislation require that we post absentee voters' names and addresses on a website?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Let me correct -- did you say, does -- post absentee -- 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 absentee names, people on the website? Is that -- was that your question?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson.
Yes. Question is, the -- does it require that we post absentee voters and their addresses on a website?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Yes, it does, because county clerks already give that information out to -- you know, it’s reported after -- and they’re supposed to report it within a certain period of time. All this would be doing is they would be putting it on this new technology that we have called the Internet. And they would be putting it on there for the -- everyone to see so that you don’t have political parties, campaigns and everything barraging the country clerk's office asking for this information all the time. They can pick it up off the Internet as it is available.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson.
But you understand how -- I’m not sure about you, but I represent a lot of elderly people, who many times travel and who are going to be gone during election time and they vote absentee. The idea of listing their name and address and stating that, hey, we’re going to be out of town, here’s my address. I -- I guess I’m not sure why we would do that at a time when seniors are so vulnerable already, why we would add that language in here and then turn around and make it public.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Here we go, the State Board of Election is to maintain those names and other information in electronic form on its website arranged by county and accessible to State and local political committees. So, you, as an individual, could not get it, unless you were a State or political committee, which you can do in person right now anyway. So, all you’re going to be able to do 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 is get this through a website.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson.
All I would have to do is go on there and say that I’m a political committee.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
No. You would have to have an access code to get through there.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson.
Could you point that -- where that is in the bill?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Page -- page 132 of the bill, starting with line 6.
PRESIDING OFFICER: (SENATOR HALVORSON) Do you have any further questions, Senator Syverson? Senator Syverson.
I’m reading it. There’s nothing in here about user name or passwords. Can you refer to what line it talks about creating a password?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
That would be issued, like any other thing of the accessibility, through the -- through the State Board of Elections that you would have to do like you would be getting it through as a political party. You would have to do that in their way of getting the website. It’s like getting any other information through technology of that. You would have to have that access through there.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator -- Senator Syverson.
76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Senator, I’m sorry, I can go onto the website now. I don’t have to have that. There’s nothing in this legislation. You just said a second ago that you referenced here that that was all in there - the protections. Now you’re saying it’s not in there, but they’re going to have to do it anyways. Is there -- is there reference in here that’s going to give protection for seniors in Illinois from having their information made public? Yes or no, on -- in this -- in the legislation, is it referenced?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
On that particular page, no. But you would check with the State Board of Elections and the only way you can get access is through a code like you have on anything else. That’s how you get their access through the State Board of Elections under information.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson.
Last question. I guess that’s why the State Board opposes this part of it, because they know that this is a problem. Does the -- has the State Board mentioned to you that this is a concern to them?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
I don’t think the State Board of Elections opposes that part. You got information, obviously, better than I do because they didn’t oppose it to me.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.
Thank you, Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Thank you. Well, first of all, Senator Link, in Executive Committee when we had this bill come in front of us just a short 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 time ago -- I guess it’s actually been a couple hours ago now -- we talked about this and there was a question asked, because there’s a Section in here that deals with canvassing boards. And last week, and I believe it was last Friday, we actually passed a bill that abolished canvassing boards, but yet they’re referenced in this particular bill. Will this not create a conflict? Will this not create some problem and -- or lack of understanding again, the same as many of the citations we’ve already heard here today?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Could you tell me where it’s indicated in the bill, please?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.
Sure. According to my sheet in front of me, Senator, page 149, line number 29; page 151, line number 25; page 157, line number 10.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
The references that I think you’re using are existing canvassing boards right now. It’s saying that no person -- it says here on page 151 -- it says, No -- no person who has shown by the canvassing board's proclaim {sic}… On page -- whatever the next page you were -- after -- what was the one after 151?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.
157, line 10.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
And again, it says, no person shown by the canvassing board proclaims {sic}… That’s the word using canvassing board. It has nothing to do with the bill that was here before us that was eliminating and changing the way the canvassing boards were.
PRESIDING OFFICER: (SENATOR HALVORSON) 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Senator Burzynski.
Thank you, Senator Link. You know, I -- I have no doubt that -- that you are well-intentioned in your effort to pass this legislation. And I do mean that sincerely. The problem is, as been really demonstrated by the questions and answers today, and -- and this is something in the committee that when we even asked first of all about canvassing boards, you -- you didn’t think they were indicated in the -- in the bill. It’s the fact that this is moving at such a quick pace that it’s very difficult to ascertain what is the language in the bill, how it impacts something that we passed out of here a week ago. Because if you abolish a canvassing board, and yet it’s mentioned in this particular piece of legislation, there is conflict. There is a problem. So, it seems to me like the best thing you could do is to take the bill out of the record, review these sections that have been brought to your attention tonight and address them. That could be done very simply to make this a much, much better bill. And to the bill, Madam President: I would urge a No vote. And should this bill receive the requisite number of votes for passage, request a verification.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, to close.
Thank you, Madam President. First of all, I want to clarify a couple things. I never once said that there -- that we didn’t make reference to canvassing board in the indication in committee we have canvassing boards. The bill that we passed out of here was changing canvassing boards, changing who would be the canvassing board. We’re never going to eliminate canvassing boards, or we would have no process of certifying the votes after an election. And the one thing I want to say is if I ever get in a criminal charges, I want the honorable lawyer from DuPage to represent me because his criminal mind is surpassing mine by miles because I couldn’t possibly think of all the possible things that he came up with in this time. And I was working on this bill for a long time. So, I thank him for all these possibilities. But anyway, let me indicate what we did here. When we talk about all these things that are so terrible in this 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 bill, let me remind you, last year we passed out of here the signatures in Senate Bill 955 with almost all of us voting for it. We passed out early voting 57 to nothing this year. We passed out first time voting 57 to nothing in here. We passed out provisional voting 59 to nothing. That’s all in this bill. But now, all of a sudden, because we consolidated it all into one bill, it becomes a bad bill. Well, you know what? You all voted for everything before. You voted to consolidate departments in this office -- in this State government. We consolidated and it was great. All we did was consolidated a lot of bills into one. And we took the bad ones out that some of the Senators objected to, because of the canvassing boards changing locations that they had objections to that are out of the bill. All we did as far as registration is try to protect people. I sit on the Ethics Board with Senator Sieben, Senator Peterson and Senator Clayborne. The last thing I want to do is have one of our staff members have to come in front of our Ethics Commission for violating an ethics bill that they did not intend to -- violate. We do not need electioneering in our office. You’ve already violated a law if you’re electioneering in your office. This is a good piece of election laws. It’s something that we have voted out of here unanimously together. I think we should all consistently stay that way and vote unanimously on this bill. I ask for affirmative vote.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 1968 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 31 Yeas, 26 Nays, 2 voting Present. And House Bill 1968, having received the required constitutional majority, is declared passed. Senator Burzynski calls for a verification. Will the Members be in their seats? The Secretary will read the affirmative votes.
The following Members voted in the affirmative: Clayborne, Collins, Crotty, Cullerton, DeLeo, del Valle, Demuzio, Forby, Garrett, Haine, Halvorson, Harmon, Hendon, Hunter, Jacobs, Lightford, Link, Maloney, Martinez, Meeks, Munoz, Raoul, Ronen, Sandoval, Schoenberg, Shadid, Silverstein, John Sullivan, 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Trotter, Wilhelmi and Mr. President.
PRESIDING OFFICER: (SENATOR HALVORSON) Does Senator Burzynski question the presence of any Member voting in the affirmative?
Well, I did. I know that Senator Rickey Henderson’s {sic} doing his best -- his best imitation of Senator Trotter. And if I were Senator Trotter, I would resent that, because I know Senator Trotter and Rickey Henderson {sic} is no Senator Trotter. No, ma'am. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) On a -- verified roll call, there are 31 Yeas, 26 Nays, 2 voting Present. And House Bill 1968, having received the required constitutional majority, is declared passed. Senator Jacobs, on 2137. The sponsorship on House Bill 2137 has been changed to Senator Link. Senator Link seeks leave of the Body to return House Bill 2137 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2137. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, to explain Amendment No. 3.
Thank you, Madam President. This is the Workers’ Compensation Act. I’ll be more than happy to explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Link moves the adoption of Amendment No. 3 to House Bill 2137. 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?
Floor Amendment No. 5, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, to explain Amendment No. 5.
81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Thank you, Madam President. That’s a technical amendment that I’ll explain on 3rd Reading. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link moves the adoption of Amendment No. 5 to House Bill 2137. 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?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. And now on the Order of 3rd Reading is House Bill 2137. Mr. Secretary, read the bill.
House Bill 2137. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Thank you, Madam President. This is probably one of the longest working bills that we’ve had in the Senate. It’s only taken about twenty years to come to here. These last efforts represent approximately a year and a half of work to adopt major comprehensive reforms on workers’ compensation. What will this bill do? At heart, I hope it will improve the business environment in Illinois and in result bring more jobs to the State. It establishes a medical fee schedule that increases every year by the Consumer Price Index for urban areas, not that much faster growing medical care CPI. The bill permits utilization review standards in processing claims, hopefully reducing the cost of litigation by providing further avenues for quicker determination by the commission in arbitration of disputes. It calls for employers to pay providers directly when there are no disputes about payment. When an employer has the necessary information, payment of a bill, such as payment required within sixty days or a one-percent per month penalty applies. With certain exceptions, the litigation prohibits balance -- billing so that injured workers will no longer receive bills for balancing -- balance of charges on comprehensible {sic} 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 (compensable) services to treat injuries that are not paid by workers' employer. Injured workers will see some increase in benefits, some of which have not increased since the last major reforms of these Acts. There is a seven-and-a-half-percent increase in weeks of comprehensive benefits for injured workers received as outlined by existing schedules according to types of injury. Burial benefits are increased from forty-two hundred to eight thousand. There’s an increase in death benefits. A revision in existing laws regarding vocational rehabilitation. It establishes a unit within the Division of Insurance to investigate reports of workers’ compensation insurance fraud and noncompliance. There are new offenses and penalties when a person makes false statements or submits false information regarding workers’ compensation benefits and for when employers fail to cover comprehensible {sic} (compensable) workers insurance -- injuries. It has taken a long time to get here. I believe this is a fair agreement. I believe this will help our State and I urge your support. I will be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard.
Thank you, Madam President. I rise in support of House Bill 2137. One of the good things about the Illinois General Assembly is we are a citizen legislature and for the past number of months I’ve had the privilege and it’s been my fortune and our fortune here in the Body, and I think Senator Link would agree. My seatmate, Dan Cronin, does a lot of workers’ compensation law - and knows workers’ compensation - for a living. And it is -- I just want to commend Dan for the time he has put into this, giving us his expertise as it is in the real world. And we have people like Senator Gary Dahl, and I don’t know how Gary’s going to vote, but Gary is a businessman and certainly knows this, as well. So, we are fortunate when it comes to this topic to have people who really have life experiences. Some of us visited and saw Arnold Schwarzenegger, the Governor of California, this week in Chicago. And Senator -- or Governor Schwarzenegger had a four-point plank that he won his election on in California. And number one was workers’ compensation reform. Why is that 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 important? It’s important, because Illinois is in a competitive environment with all fifty states. And we have a perception, right or wrong, that our workers’ compensation laws were somehow unfavorable to Illinois business. And I think this, if nothing else, from a -- a -- a perception standpoint, helps Illinois, whether the dollars pan out to help Illinois business or not. One very, very positive thing in here that I have heard for my twelve years in the Legislature from businesses in my area is the topic of fraud. And there is a provision, and a major provision, in this bill dealing with fraud, not only on the -- part of employers, but employees. And I think that provision alone should give us reason to be for this bill. And I would hope that the Commission would use their powers, when it comes to that provision, judiciously and not go on any kind of witch hunts. So, I thank my colleague, Senator Cronin. I thank Senator Link for his work on this. I believe that this is good for Illinois. Hopefully, the dollars will pan out and it will help our business climate. But even if it doesn’t, perception is important and states like California and our competitors are trying to improve their workers’ comp climate. We should do so here in Illinois and I urge a favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Geo-Karis.
I would like to move the previous question.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Geo-Karis, there are still one, two, three, four speakers. Senator Cronin.
Thank you, Madam President, Ladies and Gentlemen of the Senate. And thank you to Senator Dillard. Yes, I do, as a lawyer/legislator, practice law in the area of workers’ comp and I’m voting my conscience. And I’ve been participating in the negotiations, driven by what I believe is the right thing to do. I rise in support of this bill. My support, however, is careful and it is measured. I, first, would like to -- to recognize the -- the process. I want to -- I want to acknowledge the Governor, Legislative Leaders, business and labor and to commend them for convening a process that led to this product. This process that 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 led to this product was a vast improvement over the last process. The product, namely House Bill 2137, is -- is -- is a -- is a -- is a much better bill than the bill we considered earlier. And that’s what this is about. This -- this legislative process is about debate and discussion and -- and compromise and we’ve come up with a better bill, and I’m pleased to be part of it. There are three very important components to this bill. And those three components, I believe, can lead to cost savings for the business community. And why is that important? Because that will help the economic climate in the State of Illinois and that will stimulate job growth and that’s vitally important for all of us here. Those three components that are in this bill is a medical fee schedule, which seeks to hold down the cost of -- of health care providers or medical costs to injured workers. And we think we’ve done it in a way that does not harm the injured workers' ability to access quality health care. Secondly, there is a utilization review component to that fee schedule which basically says that you can’t -- you can’t over-utilize these -- these medical services thereby driving up fees and costs. And lastly, there’s a ban on balance billing, which has been around here for some time and has been very, very important to the business community and that is included in this bill. Those three main components, along with the fraud provision, offer a lot of hope and promise to the business community. And I am hopeful that it is implemented and practiced in the way that the legislature and the sponsor and those who were part of this negotiation intend, and that it will, indeed, save money for business. But those three components, Ladies and Gentlemen, came at a price. And there was a price. And let me be clear, this is not an ideal bill. Enlightened leadership in other states - neighboring states - are -- reforming workers’ compensation and actually impacting job growth. I appreciate that there are those courageous souls from the City of Chicago and Federal Express who have spoken out. But, given the players and the political realities, I believe this is the best we can achieve and I urge my colleagues to vote Yes.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.
85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Madam President, I rise just to thank the sponsor for his work on this legislation. I know he’s been working on it long and hard. It’s a compromise and I just want to tip my hat to him and urge an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator Link, as has already been recognized, there’s no question that this is a vastly improved product from what we saw last year in 805. There are some -- there are some opponents. You know that. There’s some lingering doubts about this legislation and I just want to explore one area with regards to those concerns and that has to do with the entities that are self-insured. As you know, Senator, a number of them -- many of them are large enough that they’re able to negotiate their own fee schedule that is better for them than what is laid out in this bill. And so for them, they’re going to pay out the increased benefits that you’ve got in here for labor, but they are not going to see any savings from the fee schedule because their fee schedule is already better than what you put forward. What -- what -- for those people who are going to vote Yes in this Chamber and they have employees who work for those self- insured entities, what would you suggest that they tell those individuals?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Must -- must have knew what you were going to ask. The fee schedule does not apply to large employers and because of that, they are excluded from negotiated fees of fee schedules.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Thank you, Madam President. One final question. And, Senator Link, you’re far more experienced at legislating -- and 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 dealing with -- with these kinds of issues than I, but it’s my understanding there’s a concern being voiced - a legitimate concern - that by putting this fee schedule into law as it is now, that in their negotiations, the self-insured entities that that fee schedule will eventually gravitate up toward that. People will sit down at the negotiating table the next time those fee schedules are up for negotiating and say, well this is what the State does, so you should raise our reimbursements to this schedule here. I mean, do you see that as a concern and further eroding their ability to get savings out of this bill? Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
I think what we look at, Senator Righter, is that those that are purchasing insurance right now are having the rising costs right now on these fees and -- and that these negotiated self- insurers will see a leveling out in a very short period of time and that actually they will have more of a negotiating situation with the hope of -- of the lowering of prices on this after a while.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dahl.
Thank you, Madam President. To the bill and -- and a comment. Senator Link made reference that this is a twenty-year work in progress and it’s -- it’s twenty years this June 1st since I’ve had my business going. And I -- and I have to agree, it’s been a twenty-year work in progress. This is definitely an improvement from where we’ve been in the past; however, I have a difficult time with the fact that it’s been a -- twenty years in progress and this bill comes out of committee today and we’ve only got two hours to think about it -- three hours -- four hours to think about it. This -- this doesn’t give our constituents time to look at it. It doesn’t give anybody time to look at it. The people in the Senate, we have to rely upon the lobbyists to tell us if this is a good bill, if this is a bad bill. Everybody here has done a great job on it. Senator Cronin, Senator Link, everybody that’s been in it has done a great job and I appreciate 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 that. But I -- I think the -- the -- the system where we have a bill that is as important as this, and we put it out here and ram it through without having time for our constituents back home to have an opportunity to call us and tell us what they think about a bill this important, we’re doing an injustice. However, I am going to vote Yes. Next time -- next time around I -- I hope we can have a little more time to decipher this. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, to close.
Thank you, Senator Dahl. If -- if I had anymore time I -- I -- I might not have any hair left with this thing going. First of all, I want to read something in for a legislative intent. In Section {sic} (Sec.) 13, third commission panel. The increase of the size of Workers’ Compensation Commission by adding a third panel does not affect the existing commissioners, other than to add one more panel of commissioners to speed up the handling of cases and delivering of benefits. I just wanted to read that into legislative intent. Before I continue, we’ve been working on this for a long, long time. I want to thank -- first, I want to thank President Jones, I think, for having me do this. I don’t know if I want to thank him or -- or say something to him later what I really think, but I want to thank him. I want to thank a staff person in Mitch Lifson who probably spent more time on this than I did and I want to thank him for all his endless hours. I want to thank Dennis Ruth from the -- commissioner -- the Director {sic} (Chair) of the Illinois Commerce {sic} (Workers’ Compensation) Commission, who was there with us and answered all the questions. I want to thank the IMA, the AF of L-CIO, the Illinois -- Retailers, the -- the National Federation of Independent Businesses, the Chambers and all the other groups that were there adding to this. This is a bill that will help labor. It will help businesses. As was indicated in committee today -- that was indicated in committee today, will be a five- percent increase for the working men and women of this State, but will be a six-and-a-half-percent increase for the businesses of this State. And any individual who has walked and talked to the people of their district, be they small businesses from a restaurant to the larger businesses, have heard one common thread 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 of why they’re leave the State of Illinois and it’s workers’ compensation. That the cost is driving them out of the State of Illinois. With passing of this bill, we may be bringing ‘em back into the State of Illinois. I ask for affirmative vote on this. And thank you for this. And it’s my last bill of the night.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 2137 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 49 Yeas, 4 voting Nay, 6 voting Present. And House Bill 2137, having received the required constitutional majority, is declared passed. Senator del Valle in the Chair.
PRESIDING OFFICER: (SENATOR DEL VALLE) We will continue with Supplemental Calendar No. 1. House Bills 2nd Reading. House Bill 1038. Senator Cullerton. House Bill 1663. Senator Harmon. Mr. Secretary, read the bill.
House Bill 1663. (Secretary reads title of bill) No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DEL VALLE) 3rd Reading. House Bill 2062. Senator Maloney. Mr. Secretary, read the bill.
House Bill 2062. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DEL VALLE) 3rd Reading. House Bill 2222. Senator Haine. Mr. Secretary, read the bill.
House Bill 2222. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DEL VALLE) 3rd Reading. House Bill 3121. Senator Halvorson. Mr. 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/26/2005 Secretary, read the bill.
House Bill 3121. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DEL VALLE) 3rd Reading. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m., on Friday, May 27th. 10 a.m. Senate stands adjourned. 90