PRESIDING OFFICER: (SENATOR HENDON) The regular Session of the 94th -- General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Reverend John Parks, Korean United Presbyterian Church, Springfield. Reverend Parks.
(Prayer by the Reverend John Parks)
PRESIDING OFFICER: (SENATOR HENDON) Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Reading and Approval of the Journal.
Senate Journals of Tuesday, May 24 and Wednesday, May 25, 2005.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Mr. President, I move that the Journals just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Senator Hunter.
Mr. President, I move that the Journal -- that -- that the Reading and Approval of the Journal for Thursday, May 26th, in the year 2005, be postponed, pending arrival of the printed Journal.
PRESIDING OFFICER: (SENATOR HENDON) 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, House Bills 1st Reading.
House Bill 2221, offered by Senator Clayborne. 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Introduction of Bills.
Senate Bill 2121, offered by Senator Crotty. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Will the Members please come to the Chamber? We’re about to go to 3rd Readings. 3rd Readings. Please come to the Chamber, be at your desk. Be at your seat. Will all Senators under the sound of my voice please come to the Senate Chambers? We are going to 3rd Readings. Page 68. 3rd Readings. Please turn your Calendar to page 68. Senator Bomke, for what purpose do you rise, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Behind you, Mr. President, is the AARP, a branch of the seniors that are here visiting today from Springfield.
PRESIDING OFFICER: (SENATOR HENDON) Would our guests in the gallery -- please rise from the wonderful AARP. Give them a hand. Welcome to Springfield. Senator Righter, for what purpose do you rise, sir?
Inquiry of the Chair, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your inquiry.
You know, Mr. President, as we draw close to the constitutionally mandated deadline of May 31st and the adjournment date, I wonder - all of us are wondering - about the schedule. About tomorrow and Sunday and what’s going to happen after that. And you being a Member of the Senate President’s leadership team and, quite frankly, a very major player in the Democrat Party in Illinois, I have no doubt that you have some 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 information that you could divulge to us over here about what’s going to happen in the next couple days.
PRESIDING OFFICER: (SENATOR HENDON) You’re so kind, sir, -- I have to give you the most accurate information that I have, even if I go beyond what I actually should do. It appears that we may or may not be here over the weekend. I’m hopeful that we won’t. It depends on how fast we can move things along here, as well as in the House. Senator Righter.
Thank you, Mr. President. We all feel a little more enlightened now. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) You’re welcome, sir. Senator Sullivan, for what purpose do you rise, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I’d like -- thank you. Members of the Illinois Senate, I’d like to introduce a young lady, Christine Boll, who is Miss Macomb 2005. And she is a major -- a broadcasting major at WIU in Macomb, a senior there. She’s from Oak Lawn, Illinois, which is, I believe, Senator Maloney’s district. Is that correct? Which I’m going to bring her over and introduce you to her here in just a couple minutes. She -- her talent is Irish dancing and she is a -- a -- just a bright young lady. She’s here today with her sponsors, Nancy and Bob Foote, who are up in the President’s Gallery. I’d like everybody to welcome these great people to the Illinois Senate.
PRESIDING OFFICER: (SENATOR HENDON) Would our guests please rise and be welcomed to the Senate? Welcome to the lovely and vibrant Miss Macomb. Perhaps she could do us the pleasure of nice little Irish jig or something. That would be great. Welcome to Springfield. Senator Althoff, for what purpose do you seek recognition?
Point of personal privilege. 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
PRESIDING OFFICER: (SENATOR HENDON) State your point, madam.
Not to be outdone by the Democrats, I, too, have a guest with me today. I have a student from Northern Illinois University, who is majoring in political science and is here to observe action and what we do today. Please may we welcome Jessica Alexander from Northern Illinois University.
PRESIDING OFFICER: (SENATOR HENDON) Jessica, would you please rise and be welcomed to the Senate? Welcome. And, Senator, you most certainly are not outdone, because she’s just as lovely as Miss Macomb. We’re certainly blessed here in the Senate today. The Illinois Information Service seeks leave -- leave to videotape. Is leave granted? Leave is granted. Members, if you will turn your Calendar to page 68. Page 68. We’re going to begin in the middle of page 68. Senate Bill -- House Bill 222 {sic} (2222). Senator Sullivan. Senator Haine. Senator Haine seeks -- do you -- do you wish to proceed? Madam -- Madam Secretary, read the bill.
House Bill 2222. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill -- and I -- your reference to Senator Sullivan was correct. This bill contains many of the provisions of Senate Bill 1971, primarily sponsored by Senator John Sullivan that passed the Senate 59 to zero. This bill changes the Downstate Public Transportation Fund. It increases the State contribution of that fund to 3/32nds of the sales tax, allowing the money to be transferred into these various transportation agencies, including the St. Clair County Transit District, which covers St. Clair County and Monroe County and which has an extraordinary deficit, because of the light rail. It also deletes a requirement that all rural transit districts must receive federal 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 transportation dollars to be eligible for State funding. It’s called a lock. It unlocks the box, I guess, and allows them in if they meet requirements, but do not receive federal -- money. So it allows new transit districts that serve our rural areas to come into this system. And it funds it through the Downstate Transportation Fund, which ordinarily had a surplus which then would go to GRF. This -- this surplus would not go to GRF now. So, GRF would -- would not have that nineteen million dollars every year. It would go to these transit -- agencies. That’s what the bill does.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Bomke.
Thank you, Mr. President. Question to the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield, Senator Bomke.
The information I have, Senator, indicates that an additional fifteen million dollars will be transferred out of GRF to cover this program. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
That is correct, Senator. Thank -- thank you for that -- that question.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bomke.
Thank you, Mr. President. To the bill: I -- I’m certainly in favor of helping downstate public transportation and this does this. I’m not sure this is the right time to be transferring additional fifteen million dollars out of GRF when we have so many programs that are being cut, including senior programs. I’m afraid I’m going to have to vote No on this bill. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, Senator Haine, to close.
Thank you, Mr. President and Ladies and Gentlemen of the 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senate. Again, these are monies historically that were used for transportation purposes and it’s a -- it’s a recommitment, I suppose, by the State to these transit agencies. Many thousands of people depend on them - the elderly, the handicapped, especially in some of these rural areas. It increases this -- this access, and it’s a balanced bill. It does not increase any taxes. It does have a -- an extra amount, as the Senator pointed out, from GRF. But all in all, it’s a balanced bill that helps the rural transit districts, as well as those in the metro east upon which many thousands of people -- depend, to come into the stream of commerce. I ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 222 {sic} (2222) pass. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 43 voting Aye, 12 voting Nay, none voting Present. House Bill 2222, having received the required constitutional majority, is declared passed. House Bill 2244. Senator Garrett. Out of the record. House Bill 2347. Senator Schoenberg. House Bill 2379. Senator Harmon. Out of the record. House Bill 2451. Senator Schoenberg. Top of page 69. House Bill 2487. Senator Crotty. House Bill 2492. Senator Silverstein. Out of the record. House Bill 2578. Senator Lightford. Out of the record. House Bill 2582. Senator Cullerton. House Bill 2595. Senator Harmon. Out of the record. House Bill 3121. Senator Halvorson. Madam Secretary, read the bill.
House Bill 3121. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson.
Thank you, Mr. President and Members of the Senate. This bill simply consolidates through a transition process the Northeastern Illinois Planning Commission known as NIPC, and the Chicago Area Transportation Study, which is CATS. And it will create the Regional Planning Board as a municipal corporation 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 with fifteen voting members appointed cooperatively by mayors and chief elected county officials throughout the seven-county region of Northeastern Illinois. This legislation is the result of negotiations between many, many people. And Representative Suzi Bassi has worked very, very hard in the House, and I would be willing to answer any questions, but I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Shadid.
A -- a personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I have a young lady standing beside me named Qisti Gitosuputro, who's a seventh-grade student at Ball Charter School. She’s also a black belt in tae kwon do, and she’s a Girl Scout. And she’s going to be a Page for today. Would you give her a big welcome?
PRESIDING OFFICER: (SENATOR HENDON) Let’s please welcome our guest to the Senate. And it’s great to see the Girl Scouts are really teaching tae kwon do. Perhaps she could put a move on Senator Shadid for us. Further discussion? Seeing none, Senator Halvorson -- the question is, shall House Bill 3121 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there 57 voting Aye, none voting Nay, none voting Present. House Bill 3121, having received the required constitutional majority, is declared passed. House Bill 3415. Senator Trotter. With leave of the Body, we will return to the top of page 69. House Bill 2487. The top of page 69. Leave is granted. House Bill 2487. Madam Secretary, read the bill.
House Bill 2487. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Crotty, on House Bill 2487.
You know -- can I -- can I hold this still for a few more minutes?
PRESIDING OFFICER: (SENATOR HENDON) Take it out of the record. House Bill 3417. Senator DeLeo. 3417. Out of the record. House Bill 3472. Senator Halvorson. Out of the record. House Bill 3498. Senator Crotty. Madam Secretary, read the bill.
House Bill 3498. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
Thank you very much. Senate -- House Bill 3498 is the very same bill as Senate Bill 451 that we passed out of here earlier. It amends the Illinois Speech and Language Pathology and Audiology Practice Act by making definitional changes and providing that DFPR has the authority to discipline the supervisor of a graduate speech--language pathology student for violations of the Act. It also requires the Department to give consideration to the recommendations of the Illinois Academy of Audiology in making appointments to the board. And it’s an initiative of the Illinois Speech-Language-Hearing Association.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Wojcik.
Thank you, Mr. President. I rise in support of this legislation. The amendments that were being considered at -- do not fit into the bill - was held in committee and the original bill is okay. So I urge my side to pass it.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 3498 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there 57 voting Aye, none voting 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Nay, none voting Present. House Bill 3498, having received the required constitutional majority, is declared passed. Top of page 70. House Bill 3650. Out of the record. We will now go back to the top of the order, House Bills 3rd Reading. Page 66. Page 66. On the Order of 3rd Reading is House Bill 227. Middle of page 66. House Bill 227. Senator Martinez. House Bill 369. Senator Trotter. House Bill 380. Senator Raoul. House Bill 380? Out of the record. House Bill 394. Senator Cullerton. House Bill 394. Out of the record. Top of page 67. House Bill 399. Senator Halvorson. Continuing on, House Bill -- let’s go to House Bill 806. Senator Martinez. House Bill 806. Continuing on, House Bill 881. Senator del Valle. House Bill 973. Senator Link. House Bill 973. Senator Link. Further down on the page, we’re going to go to House Bill -- House Bill 973. Senator Link. Madam Secretary, read the bill.
House Bill 973. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. This legislation provides that each county clerk and collector shall keep and may transmit in writing or electronic form an account stating the amount of county tax to be collected and the county tax received by him or her on the sale or redemption or forfeited property and any other county funds that shall be collected in their hands. Be more than happy to answer any questions on it.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Lauzen.
I just rise in support of the bill. It received unanimous support in the Revenue Committee.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 973 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 973, having received the required constitutional majority, is declared passed. Senator Collins, for what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I would like the Members of the General Assembly to -- please welcome my Honorary Page for today. This is Amalia Gitosuputro. She is a third grader at Springfield Ball Charter School. She and her sister are first generation Americans and her parents are from Indonesia. Please make her feel welcome today.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Senate, young lady. Welcome. Senator del Valle, for what purpose do you rise, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) Go right ahead, sir.
I also have a -- a Page for the Day. She is a -- a familiar face here in the Illinois Senate. Has been around since she was born. She is the daughter of Nia Hassan, who has been around for a long time and she’s also a straight A student at the Springfield Ball Charter School and involved with the Girl Scouts and also does a lot of wonderful things and loves to help. Let’s welcome, Iman Hassan.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Senate and thank you for loaning us your mother. Senator Hunter, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point, madam.
10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 I have with me today another Page. Her name is Miss Danielle Young. She is my Page for today. She is a student at Springfield Ball Charter School where she is in the eighth grade and she is the keeper of the keys of her school’s Beta Club and she is also a Girl Scout. Let’s welcome her to the Senate.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Senate. We’re most certainly blessed to have all these lovely Girl Scouts here today. We will now go to Senate -- House Bill 1197. House Bill 1197. Senator Sandoval. Out of the record. Please turn to the top of page 68. House Bill 1427. Senator Link. Madam Secretary, please read the bill.
House Bill 1427. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. This legislation provides that when the county board submits a bill to the township board of trustees for a reasonable costs incurred by the supervisor of assessment for completing assessments, the county board and the supervisor of assessments can only use the money collected for the actual costs incurred by the supervisor of assessment in completing the assessments. I know of no opposition.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Roskam.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will, Senator Roskam.
Senator, just for the benefit, ‘cause I know Senator Lauzen is the spokesman on the committee and was talking to constituents when you originally put the bill up. Could you just briefly describe what the bill does?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Basically, what it does is that if the -- if a township assessor does not complete his assessment on a required date that the supervisor of assessment may take possession of the books and complete the assessment, and if the supervisor of assessment then completes the assessment, that he must -- the -- the township assessor must pay a reasonable cost for completing the assessments in the budget he’s -- in his budget.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you, Mr. -- thank you, Mr. President. I just rise in support of the Senator’s bill. It received unanimous support in the Revenue Committee.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 1427 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 1427, having received the required constitutional majority, is declared passed. Senator Cronin, for what purpose do you seek recognition, sir?
A point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
I just wanted to introduce my Page for the Day. Eliza Weiters. She’s from the mighty Pleasant Plains Middle School - sixth grader. Welcome to the Senate, Eliza.
PRESIDING OFFICER: (SENATOR HENDON) Let’s rise and welcome Eliza to the Senate. Welcome to the Illinois Senate. We’ll now go to House Bill 1663. House Bill 1663. Senator Harmon. Madam Secretary, read the bill.
House Bill 1663. (Secretary reads title of bill) 3rd Reading of the bill. 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1663 amends the Regional -- Regional Transportation Authority Act to consolidate responsibility for all ADA paratransit services within the RTA region with the RTA. The services will be operated by PACE under the oversight of the RTA. This will -- improve paratransit service coordination and allow us to capture additional federal funding. It is supported by all three of the service branches operating under RTA, by the community of -- of people with disabilities, by civic organizations and -- and by labor. I am not aware of any opposition and I ask for your Aye votes. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Roskam.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Roskam.
Senator Harmon, we talked about this a little bit in committee yesterday. Is it -- is it possible that after the CTA passes its paratransent -- paratransit responsibilities on to PACE, that the RTA could simply continue to give the CTA the money the CTA currently gets for its paratransit program, and thus resulting in really a windfall or a bailout for the CTA? Is this kind of a backdoor situation?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
I -- I can’t answer the question on behalf of the RTA. I -- I am not familiar with their -- their -- their budgeting protocol. I can say that this bill provides no financial relief to the CTA.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 1663 pass. All those in favor will vote Aye. 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there 43 voting Aye, 14 voting Nay, and none voting Present. House Bill 1663, having received the required constitutional majority, is declared passed. House Bill 2062. Senator Maloney. House Bill 2062. Madam Secretary, please read the bill. Out of the record. We’re going to go to the bottom of page 68. House Bill 2451. Senator Schoenberg. Senator Schoenberg seeks leave of the Body to return House Bill 2451 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 2451. Madam Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, to explain your amendment.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 1 accommodates a request by Minority Leader Watson to drop the survey requirement within the bill. This raises his objection. It passed unanimously in Licensed Activities and I urge its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Wojcik.
Thank you, Mr. President. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Wojcik.
Senator, before IRMA was opposed to this. Are they still opposed to this?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
IRMA did not state a position on the amendment - the Senate amendment.
PRESIDING OFFICER: (SENATOR HENDON) 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Wojcik.
I think the amendment does remove the question that we had regarding the reporting by the pharmacists. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
That’s correct and it was done at the request of Minority Leader and -- and the Attorney General was happy to oblige.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wojcik.
Then I would say that somewhat the controversy is removed. I would ask the people on my side to vote Yes.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, Senator Schoenberg moves the adoption of Amendment No. 1 to House Bill 2451. All those in favor will -- say Aye. Opposed will say 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 HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 2451. Senator -- Schoenberg, do you wish to proceed? Madam Secretary, read the bill.
House Bill 2451. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2451 with the amendment is a key initiative of the Attorney -- of Attorney General Lisa Madigan’s to ensure that consumers have a better capability of comparison shopping for the best price of their prescriptions. Specifically, it provides that upon request, pharmacists must disclose the current 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 retail price of any brand or generic prescription drug or medical device that that pharmacy offers. What the Attorney General observed in the course of conducting a study last year was that the price of a single prescription could vary greatly from pharmacy to pharmacy within a geographical area. And as we’ve also found through the Attorney General’s work, that the uninsured were paying increasingly high out-of-pocket prices for prescription drugs as a result of this phenomenon. This is a broad -- this legislation enjoys broad-based support. As I -- as Senator Wojcik was kind enough to note, the Attorney General has worked with the Retail Merchants Association. The -- there is no objection to this, and I would urge your favorable support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Jacobs.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Jacobs.
Sir, if every -- company can call their competitors and figure out what the other person’s charging, how do we keep companies from price fixing?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Senator, the disclosure requirement applies only when requests are made in person by a -- or by telephone by consumers with a prescription for the prices of up to ten prescription drugs or medical devices. In the case of government offices or agencies, I -- I’ll leave my -- I’ll leave my answer at that. This is -- if -- if you’re concerned about proprietary information being disclosed, that’s not really an issue here. The real issue at heart is, are consumers better protected by the ability to be able to go to a pharmacy with their prescription and comparison shop as they can for consumer goods and other necessities?
PRESIDING OFFICER: (SENATOR HENDON) Senate -- Senator Jacobs.
16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Again, Senator, what keeps a consumer working for a company from calling a pharmacy and setting all the prices in the area under that same -- drug price?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
That -- that -- for the -- that consumer to -- for that -- for that representative of somebody who’s seeking some proprietary information, they would have to have fraudulently obtained a prescription -- going out and obtaining a -- having a prescription is a prerequisite to being able to go with -- to go and comparison shop from pharmacy to pharmacy. So, if a company is going to go so far as to give somebody a prescription that they really don’t need in order to comparison shop to try to obtain the prices, which are generally obtainable anyway, then they’re -- I think they would be doing so at their own peril and I wouldn’t want to cross the Attorney General’s path on that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Again, Senator, if a consumer can call on the telephone, how does that -- how do -- why do they need a prescription to make this inquiry?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
The consumer needs the -- the consumer will have to furnish and verify the -- the prescription. So, this is -- this is designed so that consumers with a prescription from a physician, to address their medical needs, can go and shop comparatively from pharmacy to pharmacy. Now, if somebody trying to seek some insider information is going to go so far as to have someone write them a prescription that they really don’t need, they’re not only putting themselves at peril, they’re putting their firm at peril, and they’re also arguably putting the physician who wrote the prescription at peril, too.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs, we must move along would you - to the bill, sir? 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
Are -- are you aware that currently you can go online and get this information?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, and we -- we really need to bring this area to a close. Senator Schoenberg.
As I indicated in my opening remarks, where this is -- where this is particularly targeted, is to those consumers, especially those who are uninsured, who pay an increasingly high out-of- pocket prices for prescription drugs. Many of them don’t have the same -- have the same opportunities through technology to do that kind of -- to do that kind of comparison shopping. The studies have clearly shown that there are -- that the elderly and racial and ethnic minorities were disproportionately at risk for -- for being targeted for this. So, this is really a chance to empower them and strengthen their capability to make their limited dollars go further to meet their critical needs.
PRESIDING OFFICER: (SENATOR HENDON) Leader Watson.
Yes. Thank you, Mr. President. And I -- first of all, I appreciate Senator Jacobs and his concern and his question and line of questions. And I also want to say that the -- Senator Schoenberg and the Attorney General have worked with the Pharmacy Association, the Illinois Retail Merchants. They were originally opposed to this -- this bill. And there’s some language that has been taken out and they now are neutral, I would have to say. I don’t believe they totally support this. But in -- just for example, what this is all about is -- with somebody that calls and wants to know what a prescription costs, we -- we, in our store and I think in most stores, would grant that request and say, "Well, you’ve got a prescription for whatever pharmaceutical, here’s what the cost is." And I think that’s a reasonable request to ask of any retail pharmacist. And I -- and I think we should participate in that to make that information available so that the consumer can make an intelligent decision based on if it’s -- if it’s price or service, or whatever it might be. So I applaud the sponsor in his efforts in working 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 with the -- the pharmacy groups and the associations and especially the Attorney General for her cooperation also.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 2451 pass. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 1 -- voting Nay and none voting Present. House Bill 2451, having received the required constitutional majority, is declared passed. Senator Sullivan, for what purpose do you seek recognition, sir?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Thank you, Mr. President. If the Senate could join me in welcoming me, I have several guests here today. My Page today, Justin Brown, and his grandmother is in the gallery above the Democrats, Roxanne MacMillan. And my younger two children have made their annual Memorial Day weekend visit to Springfield. My son, Michael, and my daughter, Erin.
PRESIDING OFFICER: (SENATOR HENDON) Would the Senate please welcome Senator Sullivan’s family and his Page for the Day? Welcome to the Illinois Senate. CLTV seeks leave to videotape the proceedings. Is leave granted? Leave is granted. House Bill 2487. Senator Crotty. Madam Secretary, read the bill.
House Bill 2487. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. Under the current law, if a law or resolution requires a report to be presented to the General Assembly, that requirement is considered satisfied when the report is filed with 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 the Speaker, the House Minority Leader, the Clerk of the House, the President of the Senate and the Senate Minority Leader, the Secretary of the Senate and the Legislative Research Unit. Well, LRU then prepares abstracts and indexes of each report for distribution to the Members of the General Assembly. With House Bill 2487, it would require that that reporting entity to have a copy of that report available either on its website or on the website of the public entity that hosts the reporting document so that the public can view it also.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 2487 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 2487, having received the required constitutional majority, is declared passed. Senator Lightford, on House Bill 2578. Senator Lightford seeks leave of the Body to return House Bill 2578 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 2578. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford, to explain your amendment.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 1 retains the underlying bill. It adds a Section amending the County Jail Act requiring all county jails to offer -- voluntary HIV testing during the jail medical exam. In Cook County, the Bureau of Health Services will offer testing and in other counties the warden will have the option of referring the inmate to a community-based agency or another medical provider for testing. There are several proponents. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Lightford 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 moves the adoption of Amendment No. 1 to House Bill 2578. 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 Lightford.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford, on Amendment No. 2.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 accepts everything that I just acknowledged in Floor Amendment No. 1, but it clarifies that a person committed to DOC who has tested positive for HIV is entitled to medical care while in prison. And it also clarifies that provisions which requires DOC to give information concerning how to contact the Department of Public Health for counseling to an inmate. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Lightford moves the adoption of Amendment No. 2 to House Bill 2578. All those in favor will say Aye. Opposed will say 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 HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 2578. Senator Lightford, do you wish to proceed? Madam Secretary, read the bill.
House Bill 2578. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, House Bill 2578 addresses the alarming growing number of HIV and AIDS in the African-American community. It provides a 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 comprehensive plan to address this epidemic that disproportionately affects African-American women. In fact, in the State of Illinois, we have over thirty thousand HIV cases that we are aware of and almost fifteen thousand of them are African-American men and particularly women. Two out of three women in this State, sixty-six percent of the population of HIV infected individuals are African-American women. What this bill would do, it would expand voluntary HIV counseling and testing in Illinois prisons and jails. It would enhance reentry services. It would provide free HIV testing in busy State offices servicing high-risk communities and it would allow HIV positive welfare recipients to request work requirement changes due to their illness. There are several proponents to this legislation. The AIDS Foundation of Chicago has worked extremely hard with Representative Constance Howard in the House in addition to the Illinois Conference of Churches, Let’s Talk Let’s Test Foundation and Abbott Laboratories. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. I simply rise in support of the bill. The bill did pass out of committee unanimously, as did the amendments. I appreciate the sponsor’s hard work.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Senator Lightford, to close.
Thank you so much for acknowledging this concern that we have in the African-American community. I appreciate your support and I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 2578 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye -- voting Yea, none voting Nay, and none voting Present. House Bill 2578, having received the required constitutional majority, is declared passed. The bottom of page 69. On the Order of 3rd Reading is House Bill 3415. Senator Trotter. 3415. Senator Trotter seeks leave of the Body to return House Bill 3415 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 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 House Bill 3415. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, to explain your amendment.
Mr. President and Members of the Senate, Floor Amendment No. 1 deletes everything from the original bill and becomes the bill itself. It provides for the Department of Children and Family Services to file with the court a parent and child visitation plan. Essentially, it -- it recodifies the language that’s already there, but it also give the Department a lot of flexibility in setting up appointments and visitation arrangements with parents.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Trotter moves the adoption of Amendment No. 1 to House Bill 3415. All those in favor will say Aye. Opposed will say 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 HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3415. Madam Secretary, read the bill.
House Bill 3415. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Thank you very much, Mr. President and Members of the Senate. Again, this bill will recodify existing language, but allows flexibility by the members of -- of DCFS to set up flexible visitation rights between parents and also guardians. 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Roskam.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Roskam.
Senator Trotter, is this the bill -- does this relate to guardians and felony convictions?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
No. This bill deleted all the original language that was on the bill. And this -- this amendment becomes the bill now.
PRESIDING OFFICER: (SENATOR HENDON) Senator Roskam.
Then with -- with the -- the felony language and so forth out, can you just briefly for the Membership describe how this interacts then with visitation rights and what is -- could -- if you could tell us, Senator, the -- the problem that you’re trying to remedy and what the current law is and then how this solves that problem?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Presently what -- what happens, DCFS must file with the courts and serve parties of parent and -- and child visiting plans within a ten-day business cycle. What this law will do, allows them flexibility - they don’t have to do it in ten days. And if there is a problem with the family, they can even have longer to investigate and research how they should set up a plan between parents and guardians.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard. The question is, shall House Bill 3415 pass. Those in favor will vote Aye. Those opposed, Nay. And 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 59 voting Aye, none voting Nay, 0 voting 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Present. House Bill 3415, having received the required constitutional majority, is declared passed. With -- with leave of the Body, we’re going to return to page 66 of your Calendar. Leave being granted. On the -- on the Order of 3rd Reading is House Bill 369. Senator Trotter. Senator Trotter seeks leave of the Body to return House Bill 369 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 369. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, to explain your amendment.
Amendment 1 -- adds that only jurisdictions with populations of five hundred thousand and more will be included or -- or excluded from this bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Trotter moves the adoption of Amendment No. 1 to House Bill 369. All those in favor will say Aye. Opposed, say 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 Trotter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, to explain Amendment No. 2. Senator Trotter.
Thank you very much, and I apologize. Actually, I -- I confused two with one. Amendment No. 1 actually excluded all populations over a million. This bill {sic} exempts all populations -- municipalities with populations over five hundred thousand.
PRESIDING OFFICER: (SENATOR HENDON) Well, Senator, with -- with all the numbers you’re dealing with these days, we certainly understand. Senator Trotter moves the adoption of Amendment No. 2 to House Bill 369. All those in 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 favor will say Aye. Opposed will say 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 HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 369. Madam Secretary, read the bill.
House Bill 369. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Thank you very much, Mr. President, Members of the Senate. House Bill 369, as amended, gives the courts discretion to order restitution for misdemeanor and felony violations of Vehicle Code actions that result in personal injury or property damage. Restitution would be limited to actual out-of-pocket expenses, losses, damages and injuries. Specifically, it may not include any amounts for pain and suffering.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Dillard.
Thank you, Mr. President. I thank Senator Trotter for taking out Cook, DuPage and Will Counties, which probably have the most crowded dockets of any court system. But for the record, just so that if a court is ever looking at what we think here in the General Assembly, I just want the judges who are looking at this to know that at least this particular Senator might think this bill is unconstitutional, because it sets up different sentencing schemes for different parts of Illinois. So, when they read this record -- if a judge is alone and looking and saying what are those people in the General Assembly doing? Don’t they understand this sets up two different systems in different counties of Illinois with different rights for somebody in Cook, Will and DuPage versus somebody in Edgar County or Sangamon County? I just want the judges to know that we’re not 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 idiots. I’m going to vote for this, but -- and -- and I’m going to vote for it because it excludes my county, but this bill is of dubious, dubious constitutional muster. And I just want to warn the Membership if you don’t like to vote for things that are unconstitutional, you better vote No or Present.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.
Thank you. Thank you, Mr. President. Senator Trotter, why did we include the population provisions in the bill? It’s my understanding when the bill came over from the House - and my State Representative was the -- one of my State Representatives, excuse me, was the chief sponsor - when it came over, it was clean in that it didn’t have that. Why did you add those provisions in there?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
It -- it was a -- a concern of those counties that were excluded, that because of the -- the volume of their dockets that they would not have the opportunity to do both - dealing with misdemeanor violations and as well as civil violations in the same court.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Well, I don’t want to be unduly pessimistic here, Senator Trotter, but I know to -- to some of us it -- it looks like a bill came over that was clean, that would -- create the same standards with regards to criminal law for everyone throughout the State, in all hundred and two counties. It’s picked up by someone from Cook County and all of a sudden Cook County’s now exempted out of the bill. And my question to you is, do you think it’s any less important for someone in Cook County to be able to get restitution through a criminal case than it is for 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 someone, say, in my home county?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Not at all, Senator. As a matter of fact, the bill is permissive. So -- so, no one has to do this and -- but also they can do it if they want to. Cook County, DuPage, Kane, Will - those counties, if they chose to do so, they can do this. But as, again, a consequence of -- of -- they felt that the volumes of -- of cases that they had if -- if we required them to do this, it would just be too onerous.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Well, now, Senator Trotter, it’s my understanding of the bill that by exempting out certain areas, including Cook County, judges in Cook County do not have any authority whatsoever to order restitution in a misdemeanor case. Whereas, in the counties where it’s not been exempted out, they do that -- have that authority. So, we’re not talking about mandated here, we’re talking about in some areas the judges have that right then to order restitution in misdemeanor cases and some areas now they don’t. So, again, I’ll go back to the question, do you think it’s any less important for someone who lives in Cook County to be able to ask a judge for restitution in a criminal case if it’s -- if it’s right that they get that, than it is in someone in my area?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
No.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
To the bill: Thank you, Mr. President. Ladies and Gentlemen, as Senator Dillard said, this bill is blatantly unconstitutional. If you believe -- if you’re from Cook County and you believe that it’s less important for your constituents to be able to ask a judge for restitution in a misdemeanor case 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 where they’ve been victimized, then you should vote for this bill. But if you’re Cook County, and you believe, no, my citizens should have the same rights as citizens in other counties, downstate counties, when it comes to asking a judge in -- judge for restitution in a case where they’ve been harmed, then you shouldn’t vote for this. I don’t know why certain areas were exempted out of this bill, but we’re supposed to treat everyone in the State equally when it comes to criminal penalties. This bill fails to do that. I would urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, to close.
Members of the Senate, this is about civil restitution. And, no, the people in Cook County are not special, the people who -- or more special than someone from Alexander County or any other county in -- in this State. However, as pointed out, this was a concern down in southern Illinois with one of the Representatives. The Representative of Senator Righter’s that wanted to have the capabilities of trying both cases in -- in there, a misdemeanor, as well as a civil case, and I just ask for a -- a favorable roll call.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 369 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 30 voting Aye, 25 voting Nay, 3 voting Present. House Bill 369, having received the required constitutional majority, is declared passed. Senator -- Senator Righter, for what purpose do you seek recognition, sir?
Request a -- thank you, Mr. President. I'll request a verification of that roll call, please.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter requests a verification of that roll call. Will all Members be at their seats? The Secretary will read the affirmative votes.
The following Members voted in the affirmative: Clayborne, 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Collins, Crotty, DeLeo, del Valle, Demuzio, Forby, Garrett, Haine, Halvorson, Hendon, Hunter, Jacobs, Lightford, Link, Maloney…
PRESIDING OFFICER: (SENATOR HENDON) Just a -- just a moment, Madam Secretary. Could we please have a little order here in the Chamber? We are in the middle of a verification and the President cannot hear. Could we please have a little order? Continue, please.
Martinez, Meeks, Munoz, Raoul, Ronen, Sandoval, Schoenberg, Shadid, Silverstein, John Sullivan, Trotter, Viverito, Wilhelmi and Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Does Senator Righter question the presence of any Member voting in the affirmative?
No. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) On a verified roll call, there are 30 voting Aye, 25 voting Nay and 0 {sic} (3) voting Present. House Bill 369, having received the required constitutional majority, is declared passed. Senator Cullerton, for what purpose do you seek recognition, sir?
For the purposes of an announcement.
PRESIDING OFFICER: (SENATOR HENDON) State your announcement, sir.
Ladies and Gentlemen of the Senate, we have a special guest joining us here today. This lady was working over in the House of Representatives when I first came here in 1979. She worked for us in the Senate for ten years. She was in the back on the Democratic side taking our phone calls, providing us with pretzels and peanuts for ten years. She’s come back to -- to visit with us. Would you please welcome Mary Holmes? Mary.
PRESIDING OFFICER: (SENATOR HENDON) Welcome back, Mary. And you look so lovely in that beautiful blouse. You just look like summer. Welcome home. It’s great to see you. Senator Burzynski, for what purpose do 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 you seek recognition, sir?
Thank you, Mr. President. We’d like to have a Republican Caucus immediately in Senator Watson’s Office.
PRESIDING OFFICER: (SENATOR HENDON) Senator, if you could just ask me -- answer a -- a question for me. How long are you seeking the caucus for, sir?
Forty-five minutes.
PRESIDING OFFICER: (SENATOR HENDON) I would appreciate it if you keep that caucus to a half an hour. We’d like to come back at 12 noon. There is a lot of business on the Calendar. Will thirty minutes suffice, sir? Senator Burzynski.
Thank you, Mr. President. I -- I’m sure that if had forty- five minutes, you can tell your Members thirty minutes and that’ll about even it out, and we’ll be back ready to start at about a quarter after. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator, your wit is remarkable. The Senate stands in recess until 12 noon. 12 noon. That’s thirty minutes. We’ll return at the call of the Chair. Half an hour for the caucus. Thank you. Senate stands in recess until the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Would all Members under the sound of my voice please come to the Senate Chamber? We’re going to go to the business of concurrences. Would you please come to the Senate Floor? We will begin on the top of page 76. Will all Senators under the sound of my voice please come to the Senate Chamber? Please turn to page 76 of your Calendar. On the Order of Concurrences. Top of page 76. We’re going to begin with Senate Bill 26. On the Order of -- on the Order of Concurrence, Senate Bill 26. Senator Clayborne, do you wish to proceed? Madam Secretary, please read the motion.
31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 I move to concur with the House in -- in their -- the adoption of their Amendment No. 1 to Senate Bill 26. Motion filed by Senator Clayborne.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, to explain your motion.
Thank you, Mr. -- Mr. President and Members of the Senate. Senate Bill 26 left out -- left out of here, knowing that we were going to make certain changes regarding hospice and everybody’s on board and basically what we’ve done, we’ve created a two-tier system for hospices or referred to as comprehensive hospices. Volunteer hospices are required to incorporate the term "volunteer" into their name. There will be background checks are required for paid and unpaid employees of comprehensive and volunteer hospices. All hospice programs are required to disclose in writing to all patients prior to admissions the hospice services available from program -- from the program and the services which may be billed on a patient’s third-party payer plan, such as Medicare, Medicaid, the -- Veterans Administration or private insurance. All hospice patients must have an individual care plan which must be established and maintained in accordance with the standards for certification under the -- Medicare program. The hospice program must provide an ongoing program for training and education of its employees. I’m open for any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Pankau.
Thank you, Mr. President. I also urge an Aye vote on this. This started out as actually a -- a very nice bill. It was going to close some of the hospices, particularly the -- the voluntary ones and the sponsor has done a awful lot of work to bring the groups together. They -- both sides, the volunteer and the for- profit hospices, are now onboard with this. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Raoul.
Thank you, Mr. President. I -- I also, too, want to commend the sponsor. When the bill was over here the first time, I -- I 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 raised some concerns with regards to the bill. Sponsor made sure that the bill was well negotiated and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, to close.
I’d like to thank both for their -- their comments and I would ask for favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 26. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Ayes, no Nays and none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 26. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 61. Senator Harmon. On the Order of Concurrence is Senate Bill 61. Senator Harmon, do you wish to proceed? Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 61. Signed by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, to explain your motion.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The underlying bill, Senate Bill 61, creates an income tax checkoff for brain tumor research. As we drafted it in the Senate, the -- the proceeds of the checkoff would be sent to the American Brain Tumor Research Association. The House, as a -- as a matter of policy, has asked if we not specify the recipient, but instead send it to any public or private institution conducting this sort of research. I’d ask you all to join me in my motion to concur.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 61. Those in favor will vote Aye. Opposed will vote 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 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 59 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 1 to Senate Bill 61. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 69. Senator Brady. On the Order of Concurrence is Senate Bill 69. Senator Brady, do you wish to proceed? Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 69. Filed by Senator Brady.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady, to -- explain your motion.
Thank you, Mr. President. I simply move that we concur with the House amendment. It keeps the fee at the same level it was previously.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur to House Amendment No. 1 to Senate Bill 69. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, and none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 69. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 98. Senator Wendell Jones. On the Order of Concurrence is Senate Bill 98. Senator Wendell Jones, do you wish to proceed, sir? Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments No. 1 and 2 to Senate Bill 98. Filed by Senator Wendell Jones.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones, to explain your motion.
34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Thank you, Mr. President, Members of the Senate. This now provides that the chief circuit judge or designated presiding judge may approve three hours of training for guardians ad litem, evaluators, investigators and professional personnel appointed under the Illinois Marriage and Dissolution of Marriage Act. Requires training to include the dynamics of domestic violence and its effect on parents and children. Provides that courts shall consider repeated abuse against the child or another person in making custody determinations. Provides that joint mediation shall not be required by the court if there is a danger to the health or safety of a partner. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur to House Amendments No. 1 and 2 to Senate Bill 98. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 1 and 2 to Senate Bill 98. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 100. Senator Wendell Jones. On the Order of Concurrence is Senate Bill 100. Senator Wendell Jones, do you wish to proceed, sir? He indicates he does. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 100. Filed by Senator Wendell Jones.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones, to explain your motion.
Thank you, Mr. President, Members of the Senate. This now makes two exceptions - one for the purpose of voting and one for a -- a parent-teacher conference where they do not have to advise the principal, otherwise they have to advise the principal that they’re in the building.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Roskam. 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
Thank you, Mr. President. A point of order.
PRESIDING OFFICER: (SENATOR HENDON) State your point, sir.
Mr. President, just an inquiry. You know, we’ve been on the order of Wendell Jones here for quite some time and my question is, were these filed under a ruse to get out of the Rules Committee? These are actually Senator Emil Jones’ bills. Could you double check that, please?
PRESIDING OFFICER: (SENATOR HENDON) This is Wendell Jones’ moment, sir, in the Illinois Senate. This is final action. The question is, shall the Senate concur to House Amendments No. 1 to Senate Bill 100. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, and 0 voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 100. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 158. Just a moment, please. Senator Wendell Jones, for what purpose do you seek recognition?
Thank you, Mr. President, Members of the Senate. I tripped on my way back to my switch, and inadvertently was unable to vote for my own fine piece of legislation. So I would like the record to show that that would have been a unanimous vote of the Senate had I not tripped. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect and I do believe that was Senator Wendell Jones, not President Emil Jones. Senator Haine, for what purpose do you seek recognition, sir?
Mr. President, a point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Mr. President and Ladies and Gentlemen of the Senate, I just want to take a moment to introduce one of my lovely daughters, 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Margaret Balan, and a -- a grandson, and a son-in-law, who’s here with my wife. Zeke Balan, the son-in-law, I might add, who’s now a graduate student at Rutgers, served as an NCO in the United States Army in the war to remove the Taliban, 2001 to 2002. Did an excellent job with the United States Army. I introduce to you…
PRESIDING OFFICER: (SENATOR HENDON) Please welcome our guests to the Illinois Senate. Isn’t that special? What a photo op and the grandbaby looks just like Senator Haine. Oh, my God! Welcome to the Illinois Senate, and welcome back home -- fighting the Taliban. Senator Link, for what purpose do you seek recognition, sir?
Thank you, Mr. President. On Senate Bill 100, I had not voted, because I didn’t think Senator Wendell Jones thought it was a good bill because he didn’t vote on it. So, I would like to be recorded as an Aye vote to now make it totally unanimous.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Senator Crotty, back to your motion. On the Order of -- on the Order of Concurrence is Senate Bill 158. Senator Crotty, do you wish to proceed? Mr. Secretary, please read the motion.
I move to nonconcur with the House in the adoption of their Amendment No. 1 to Senate Bill 158. Signed by Senator Crotty.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty, to explain your motion.
I -- I just move to nonconcur with the -- the amendment.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Wojcik.
Thank you, Mr. President. Since she is nonconcurring with the amendment, the bill now becomes a workable, good bill. So I would urge my side of the aisle to vote for it.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty moves to nonconcur to House Amendment No. 1 to Senate Bill 158. All those in favor will say Aye. Opposed 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 will say Nay. The Ayes have it, and the motion carries. And the Secretary shall so inform the House. Senate Bill 250. Senator Cullerton. On the Order of Concurrence is Senate Bill 250. Senator Cullerton, do you wish to proceed? Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 250. Filed by Senator Cullerton.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton, to explain your motion.
Thank you, Mr. President, Members of the Senate. I move to concur with the House amendment. When this bill passed the Senate, it required the Capital Development Board to initiate training workshops on green building techniques and green building rating systems and -- and to identify three to five projects to serve as case studies. We worked out in the amendment with Representative Winters over in the House to remove the cap of five construction projects to serve as the case studies and to use nationally recognized and accepted green building guidelines, standards or systems approved by the State, as opposed to consensus-based green building rating systems. We worked this out with all the interested parties and the Capital Development Board. There’s no opposition. It’s a good bill and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur to House Amendment No. 1 to Senate Bill 250. Those in favor will vote Aye. Opposed will vote Nay. And 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 59 voting Aye, none voting Nay, and 0 voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 250. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 274. Senator DeLeo. Out of the record. We’re going to go the top of page 78. Senate Bill 538. Senator Righter. On the Order of Concurrence is Senate Bill 538. Senator Righter, do you 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 wish to proceed? Mr. Secretary, please read the bill.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 538. Signed by Senator Righter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to explain your motion.
Thank you, Mr. President -- thank you, Mr. President, Ladies and Gentlemen of the Chamber. The House amendment that I am moving to concur with doesn’t change the substance of the bill at all. This legislation, if you’ll recall, would allow for the suspension of a medical practitioner’s license from the Department if they have been convicted of insurance fraud, including Medicaid fraud, and have failed to pay the court ordered restitution. As I said, the House amendment doesn’t change the substance at all, they simply reorder the way the -- the bill is put into the law. We previously had the language in one statute, apparently out of concern that there aren’t quite enough law books published here in the State of Illinois, they decided to put it in all twenty-two medical practice Acts. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur with House Amendments No. 1 to Senate Bill 538. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 538. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 599. Senator -- Senator Wendell Jones. On the Order of Concurrence is Senate Bill 599. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 599. Filed by Senator Wendell Jones. 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
PRESIDING OFFICER: (SENATOR HENDON) Senator Wendell Jones, to explain your motion on Senate Bill 599, sir.
Thank you, Mr. President. We had several concurrence amendments that came back from the House regarding certification of a backdoor referendum, as well as referendum voting language and backdoor referendum language. I’ll be happy to answer questions if anybody has any.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Burzynski.
Thank you. Senator Jones, is it your intent to vote for this legislation?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wendell Jones.
We’ll see.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? This is final action. Make sure you don’t trip and hit that switch. The question is, shall the Senate concur to House Amendment No. 1 to Senate Bill 599. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 -- 58 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 599. And the bill, having received the required constitutional majority, is declared passed. Senator John Cullerton, for what purpose do you rise?
The purposes of an announcement.
PRESIDING OFFICER: (SENATOR HENDON) State your announcement, sir. 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
I’d like to welcome in the gallery, State Senator Syverson. State Senator Syverson is up in the gallery. Like to welcome him to the…
PRESIDING OFFICER: (SENATOR HENDON) Will our guest please turn around and be welcomed to the Illinois Senate? Welcome to the Senate, sir. Go ahead, jump. Senate Bill 847. Senator Link. On the Order of Concurrence is Senate Bill 847. Senator Link, do you wish to proceed? Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments Numbered 1 and 2 to Senate Bill 847. Filed by Senator Terry Link.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link, to explain your motion.
Thank you, Mr. President. Senate Amendment 1 provides that municipality and townships - has a public, tax-supported library may disconnect from a public library district by one of the following methods: By electors of a municipality or by ten percent of the district taxes collected in a territory by ordinance, and that’s basically it, sir.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Peterson.
Thank you, Mr. President. Senator Link, you know this bill was very controversial back in our districts and we have library districts that overlap into your Senate district and mine. You were subject to a very heated town meeting, which I’m sure you want to forget. But has this bill been amended to get the approval of the various library districts that were opposed previously?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Yes. I think we’ve taken all -- all of the people that might have been in disagreement off of it now.
PRESIDING OFFICER: (SENATOR HENDON) 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Peterson.
Do you -- did you have any contact with the Vernon area library to -- have they reviewed this language and made any comments pro or con about the -- the amendments from the House?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
The representative from the library districts are the ones that negotiated this whole amendment.
PRESIDING OFFICER: (SENATOR HENDON) Senator Peterson.
Did you get any opinion from the Illinois Library Association, because they were opposed to this bill before also?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
That was the lobbyist that was working on all of this with them.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wendell Jones.
Yes. Thank you. Thank you, Mr. President, Members of the Senate. I think Senator Link spent about as much time on this bill as he has on workmen’s comp - but hasn’t been working on it quite twenty years. But when it came to the Local Government Committee, it had four Republican votes against it. He has been diligent in working with all parties, and I can now say it’s a fine piece of legislation. As far as I know, chickens crossing the road is -- is out of the bill.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur to House Amendments No. 1 and 2 to Senate Bill 847. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 1 and 2 to Senate Bill 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 847. And the bill, having received the required constitutional majority, is declared passed. We’re now on the top of page 79. If you would turn to page 79 on your Calendar. Motion to concur. Senate Bill 1627. Senator Ronen. On the Order of Concurrence is Senate Bill 1627. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1627. Filed by Senator Ronen.
PRESIDING OFFICER: (SENATOR HENDON) Senator Ronen, to explain your motion.
Thank you, Mr. President. This -- the amendment makes minor changes. Remember this is the bill that provides families of -- spouses of people in the military unpaid leave. The change is that for employers with fifteen to fifty employees, the number of unpaid days -- of days would be fifteen. It remains the same for those with more than fifty employers {sic} up to thirty days. I know of no opposition, and I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Pankau.
Thank you, Mr. President. With this amendment on it, it now takes -- takes away the objections of the NFIB, which were the only ones when it went over to the House that still had objections. It’s a good bill. Vote Yes.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1627. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, and none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 1627. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 1638. Senator Burzynski. On the Order of Concurrence is Senate Bill 1638. Mr. Secretary, please read the motion.
43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1638. Filed by Senator Burzynski.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski, to explain your motion.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The -- the House actually has a great amendment that they placed on this bill that will allow for Chicago public schools and charter schools to also participate by naming a student as an advisory member of their school boards, and also by removing the student from any executive session action.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1638. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, and none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1638. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 1669. Senator DeLeo. On the Order of Concurrence is Senate Bill 1669. Mr. Secretary, please read the bill.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1669. Filed by Senator DeLeo.
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo, to explain your motion, sir. SENATOR DeLEO: Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. This -- Senate Bill 1669 passed out a few weeks ago and it requires that an officer that was under investigation -- an employer had to notify the police officer who was going to be at the interrogation in a written notice. The House amendment just says the absolutely same thing, but they added that the police office must notify them in writing who he’s bringing to the interrogation - his lawyer, his mother, his grandparents, his 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 sister, his daughter. So, I ask -- concur in House Amendment No. 1 to Senate Bill 1669.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1669. Those in favor will vote Aye. Opposed will vote Nay. And 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 59 voting Aye, none voting Nay, none voting Present. The Senate concurs in the House Amendments No. 1 to Senate Bill 1669. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 1701. Senator Clayborne. Senate Bill 1701. Senator Clayborne. Out of the record. Senate Bill 1862. Senator Garrett. On the Order of Concurrence is Senate Bill 1862. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments Numbered 1 and 2 to Senate Bill 1862. Filed by Senator Garrett.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett, to explain your motions.
Thank you, Mr. President. Basically, these motions say that we must include infection-related measures in the provision. It changes the categories of infection-related measures that hospitals must report on and it requires that the Department of Public Health must -- include guidelines and benchline -- benchmark information for infection-related measures in line with other health care organizations and national standards.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur to House Amendments No. 1 and 2 to Senate Bill 1862. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 1 and 2 to Senate Bill 1862. And the bill, having 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 received the required constitutional majority, is declared passed. Senate Bill -- Senate Bill -- 1910. Senator Haine. On the Order of -- Concurrence is Senate Bill 1910. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments Numbered 1 and 3 to Senate Bill 1910. Filed by Senator Haine.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, to explain your motion.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is the stormwater management bill for -- originally started out for the metro east and that’s and -- and other counties were -- were added, because of their request. As I left it here in the Senate, we promised in the House to amend the bill, ‘cause the time was running out in the Senate. Consistent with our agreement -- our agreements with the drainage districts, the Association of Realtors and the builders, all that was done. In addition, there was an amendment on some counties to be taken out which addressed the concerns of the Minority Leader. So, we have no opposition to this. It’s -- it’s been long awaited in the metro east to do something about our continuing problems with stormwater. We don’t want to hurt development, but we need a stormwater management committee. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Wendell Jones.
Thank you, Mr. President. This bill came unanimously through Local Government Committee. We recommend its passage.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. Oh! Senator Geo-Karis.
Sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Geo-Karis.
Senator, I notice Boone County and Winnebago County were 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 included. Was Lake County left out of it purposely?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Senator Geo-Karis, I don’t think so. I don’t know. They -- we just formed the bill with the request of those counties to come in. No one was left out. I mean, in theory they could be added -- next year, if they wish to come in. There’s no -- there’s no bar.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.
Thank you. Senator Haine, I apologize if I missed it in your opening comments. There were a number of opponents to the original legislation. Is that -- has that issue been taken care of by the House amendment?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Senator. Yes. There is no opposition. Everyone -- all the commitments were made and kept.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1 and 3 to Senate Bill 1910. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 1 voting Nay, and none voting Present. The Senate concurs in House Amendments No. 1 and 3 to Senate Bill 1910. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2012. Senator Munoz. Senate Bill 2012. Senator Munoz. Senate Bill 2060. Senator David Sullivan. On the Order of Concurrence is Senate Bill 2060. Mr. Secretary, please read the motion.
47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 I move to concur with the House in their -- in their adoption of Amendment No. 1 to Senate Bill 2060. Filed by Senator David Sullivan.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan, to explain your motion.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I move that the Senate concur with House Amendment No. 1. The underlying -- I -- I’d like to make two points if I could. First of all, just to remind the Members that two of my children are on the Floor. So, it’d be nice if, you know, the old man could get this done. But second -- secondly, and much more importantly, this -- this amendment comes to us from the VFW. It just keeps it in line with federal law. And the underlying bill, as you recall, is the Patriot Plan for our Illinois service men and women who have been called to active duty. I think it’s fitting on this Memorial Day weekend that we do all we can to help our service men and women of -- as they serve overseas. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. And let’s show Senator Sullivan’s children just how powerful he actually is. The question is, shall the Senate concur to the House Amendments No. 1 to Senate Bill 2060. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, and none voting Present. The Senate concurs to House Amendments No. 1 to Senate Bill 2060. And having received the required constitutional majority, is declared passed. Senator Righter, for what purpose do you rise, sir?
I rise for purposes of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Make your announcement, Senator.
And this will no doubt be the best announcement that we hear on the Senate Floor all day and maybe all month. One of our staffers, Jeanette Malafa, had her baby today at 11:51 a.m. Jane 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Marie, nine pounds, twenty-one and a half inches.
PRESIDING OFFICER: (SENATOR HENDON) All right. Jane Marie. That’s a big baby. And let’s pray for her speedy recovery having a baby that large. With leave of the Body, we will return to page 79 of your Calendar. Senator Clayborne. Senate Bill 1701. On the Order of Concurrence is Senate Bill 1701. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1701. Filed by Senator Clayborne.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, to explain your motion, sir.
Thank you, Mr. President. I ask for a motion to concur. Just a technical changes -- change. Retains the underlying bill -- while removing Section 3.350, concerning closed loop heat pumps and injection wells. I ask for your favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1701. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 to Senate Bill 1701. And the bill, having received the required constitutional majority, is declared passed. With the leave of the Body, we’re going to turn our Calendars to page 4. Please turn to page 4 on today’s Calendar. The bottom of page 4 on your Calendar. On the Order of 3rd Reading is Senate Bill 1333. Senator Cullerton. Senator Cullerton seeks leave of the Body to return Senate Bill 1333 to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1333. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR HENDON) 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Cullerton, to explain your amendment.
Yes. Thank you, Mr. Speaker, Members of the Senate. This is 2nd Reading. This is a gun show loophole provision that I’d like to debate on 3rd Reading by adopting the amendment.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Cullerton moves the adoption of Amendment No. 2 to Senate Bill 1333. All those in favor will say Aye. Opposed, say 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 HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1333. Mr. Secretary, please read the bill.
Senate Bill 1333. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. This bill deals with what has been referred to as the gun show loophole. Right now in Illinois if you purchase a weapon from a federally licensed dealer there is a background check that’s conducted and it has the beneficial effect of -- of keeping people who should not be having weapons from obtaining them. Last -- last year over a thousand people who applied for a -- FOID Cards -- I’m sorry, who applied for -- to purchase weapons, after the background check, they were denied that right, because of -- of certain things, such as felony convictions or they were subject to an existing order of protection or they were convicted of battery using a firearm, or convicted of domestic battery. So it’s a very valuable tool. Unfortunately there's a loophole, because when you go to a gun show, there’s no background check. So what this bill does - it’s very carefully drafted - it defines a gun show as having where there’s fifty or more firearms that 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 are displayed and not less than ten gun show vendors are there. And it simply utilizes the same good system that we have of doing a background check for people who purchase these at the -- at the gun show. It certainly has the support of a number of editorial boards and newspapers throughout the -- the State. I think it’s good public policy and be happy to answer any questions, and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Geo-Karis.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Geo-Karis.
Now, your bill was different when it left here. Am I correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Well, this is a Senate bill, Senator, and it’s -- it’s not been to the House yet. What -- what I’ve done is to amend it so that it’s identical to a bill that Senator Roskam passed earlier.
PRESIDING OFFICER: (SENATOR HENDON) Senator Geo-Karis.
And under your bill, then, you -- you said it covers a loophole. What exactly is the loophole you’re talking about?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Yes. If you purchase a gun from a federally licensed dealer, there’s a background check. But if you buy it -- one at a gun show you don’t have to have a background check. So, that’s what we’re referring to as the loophole. Under this bill, as -- the gun shows -- as defined in the bill, you would have to get a background check just as you do now if you buy from a federally licensed dealer.
PRESIDING OFFICER: (SENATOR HENDON) Senator Geo-Karis. 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
If I understand you correctly, then under your bill, they would have to have a background check if they buy it from anyone else.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Yes. If they buy it at a gun show as defined in the bill, they would have to get a background check.
PRESIDING OFFICER: (SENATOR HENDON) Senator Petka.
Thank you very much, Mr. President, and directly to the bill. I can give you, literally, several million reasons why you should not vote for this piece of legislation that may stun you. Very candidly, there were nearly ten million people of Eastern European and Central European decent, who before and during the second World War, were herded like sheep and cattle into concentration camps and death camps where they met their demise. It’ll be sixty-one years next week, June 6th, 1944, when American soldiers, including my oldest brother, Raymond, hit the beach at Omaha, traveled through Europe and liberated the concentration camps. When I was a young man, I asked him very directly why it was that so many people so meekly and passively went to their death. The answer is very simple and very legal unfortunately. Immediately during the occupation of territories in Central Europe by Adolph Hitler, individuals in those countries were required to -- to list guns that were in their possession. Shortly thereafter, legislation was passed by the then German Parliament to make gun ownership a crime. Guns were confiscated and shortly thereafter the slaughter of millions of innocent people began. That may be outrageous enough, but, very candidly, I am appalled myself, personally, because my name right now is in a databank of the Illinois State Police. I activated within the last year, my Firearms Owners Identification Card, when I purchased a weapon. I have a number of firearms, some of ‘em which I received as gifts from law enforcement authorities when I was a State’s Attorney at Will County. But should I decide, in the next year, to give firearms or handguns to my three daughters 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 and my daughter-in-law, I will have a continued transaction entered into the databank of the State Police. Why that is significant is that a gentleman in the City of Chicago was doing exactly the same thing and unknownst to him, the State Police contacted the City of Chicago, who contacted the Bureau of Alcohol, Tobacco and Firearms, who went out and got a search warrant - the gentleman’s home, because they thought he was a gunrunner. The fact that I would activate the Federal Owner’s Identification Card in the Illinois State Police office and then their databank would trigger them contacting the local police and placing me under suspicion as being a possible gunrunner. That would be appalling enough, but just consider the following: How outraged we would be if we learned that there was a requirement that individuals who would participate in demonstrations or protests or pickets against various policies of United States government were required to list their name, their address and if there were files being kept on them. Well, as a matter of fact, there were files being kept, unfortunately, during the 1960s. So that the police department in the City of Chicago has a history of abusing information and -- and trampling on the rights of individuals. But more importantly, or perhaps I should say just as importantly, it does seem to me that this is a very direct form or profiling. Profiling legitimate gun owners who are merely exercising the right that is given to us under the second Amendment of the United States Constitution. And Mr. President, yesterday during debate you indicated to our side of the aisle and one of the gentlemen who was on the witness stand, that we should have a -- a great deal more respect and a great deal more trust for the Illinois State Police that they would not be abusing our rights. But it was you, yourself and a number -- and other Members of your side of the aisle, who came to use three years ago and talked about a concept known as racial profiling and said that the Illinois State Police were doing something that was wrong. We joined forces with you. We felt that, in fact, that was -- that was the case. We passed legislation to try to take away the baneful effects of a very bad practice and yet today we are asked to reinforce the fact that we can have base -- the equivalent of computer spyware being used against us so that they can legitimately track every single transaction that we 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 have. Now, understand this, the gangbangers of the State of Illinois will not be affected because they are not in the database. And the reason for that is that they do not have an FOID Card, because they are either convicted felons or they have been convicted of various offenses related to firearms or aggravated assault, aggravated battery or domestic violence. They are not in the database. You and I, if you have a FOID Card, are in that database. And any time any person who wishes to simply go fishing to find out what firearms you own and where you own ‘em at, can come knocking on your door and ask you what do you -- what have you done with all of these weapons? That is simply an outrage. The bill that was passed by Senator Roskam would take away the opportunity for an abuse of rights, take away the opportunity by the police to abuse law abiding citizens. And please, please don’t fall for the argument that you need this to -- to counteract straw purchases. One of the things that I am proudest of is more than twenty years ago when I was State’s Attorney of Will County, I conducted a joint operation with the Bureau of Alcohol, Tobacco and Firearms, an undercover sting operation to remove unlawful -- drug and gun offenses and offenders from the street. I got an award from the federal government for conducting one of the -- the -- what is -- was characterized at the time as the best undercover operation against firearm owners in the country. It is not a hard thing to do. We don’t need to trample on the rights of -- of law abiding citizens. I didn’t need to use any database to go after the -- the -- the gunrunners. So, what I’m asking this General Assembly to do today, is simply to do the right thing. Permit the -- permit the Governor to take a look at the -- the bill of Senator Roskam, which will remove this onerous and baneful provision from the -- from the operation by the State Police and the City of Chicago to permit us to -- to lawfully go about having transactions with relatives or friends, following federal and -- and State law, but without having these -- these long notorious databases, which the United States Congress in their wisdom in relying upon the experiences of Central and Eastern Europe sixty years ago, refused to be a part of by requiring the destruction of those records within one day. I ask you today in a very, very straightforward way to stand up for freedom and the second 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 amendment, and to vote No.
PRESIDING OFFICER: (SENATOR HENDON) FOX-TV Chicago and CBS Channel 2 Chicago -- seeks leave of the Body to videotape the proceedings. Is leave granted? Leave is granted. Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I -- I rise in support of Senator -- Senator Cullerton’s legislation, Senate Bill 1333. And I think he’s done a masterful job at -- at continuing to explain why it is so important to -- close the gun show loophole and at the same time preserve the database. I would like to just briefly comment on the earlier speaker’s on -- on the earlier -- on the earliest portion of the earlier speaker’s previous remarks. With all due respect, I believe that that outrage is misdirected, particularly in suggesting that the State of Illinois is preparing to go down the same path as Hitler’s Third Reich. To me that not only distorts, fundamentally distorts, history and is a commonly perpetuated myth. But as someone whose family and whose neighbors and friends’ families have been -- have been tragically touched by the systematic -- by the systematic deliberate policies of a government to kill an entire people, to suggest that the State of Illinois is deliberately heading down the same path is not only a chilling statement, it’s historically false, and I take great offense at it. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sieben.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. I, too, rise in strong opposition to this legislation, basically for all the reasons enumerated by Senator Petka. But, basically, the reason I oppose this very simply is that as a law abiding citizen of this State who can purchase guns at a gun show and has a valid FOID Card, I do not want my name on one of these lists in perpetuity. There ought to be provisions that would, after the background search is done and the gun sale has been completed legitimately, the names should be disposed of. And for that reason, and that reason alone, and on behalf of many, many law-abiding gun owners in this State, we do not want 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 our names on these lists that can be used for whatever purposes. I would urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Cullerton, to close.
Yes. Thank you very much, Mr. President. I just want to refocus our attention on this bill, because I think the most important part of the bill is the fact that there’s a background check. We have background checks now, if you buy from a federally licensed dealer. And it works and it keeps people who shouldn’t have guns from getting it. There’s no reason why, just because you buy it at a gun show, that it should be treated differently. I know the issue of the records is a divisive one. We have acted on that in other legislation. It passed. It’s probably going to be here in the Veto Session. We can deal with that then. But the -- the real benefit of this bill is to provide for background checks for people who buy weapons that just happen to be at a gun show as opposed from a federally licensed dealer. For that reason, I think we should vote for the bill. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1333 pass. Those in favor will vote Aye. Opposed, Nay. And 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 37 voting Aye, 17 voting Nay, and 1 voting Present. Senate Bill 1333, having received the required constitutional majority, is declared passed. Senator Lightford, for what purpose do you rise?
Thank you, Mr. President. Personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your privilege.
Mr. President and Ladies and Gentlemen of the Senate, I have Miss Lisa Thomas, St. Paul Lutheran School of Chicago and my first cousin, Darryl Draper in the gallery. Can you please welcome -- here as they witness the General Assembly in action?
PRESIDING OFFICER: (SENATOR HENDON) 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Will our guests please rise - relatives of Senator Lightford - and be welcomed to the Illinois Senate? Bottom of page 4 is Senate Bill 1353. Senate Bill 1353. Senator -- out of the record. Members of the Senate, we’re going to go to resolutions. Resolutions. Page 74 of your Calendar. Resolutions. House Joint Resolution No. 1. Out of the -- out of the record. Joint Resolution No. 11. Senator Petka. On page 74 of your Calendar is the Order of Secretary’s Desk, Resolutions. Senator Petka, do you wish your resolution considered. Mr. Secretary, please read the resolution.
House Joint Resolution No. 11, offered by Senator Petka. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Petka.
Thank you very much, Mr. President. What this resolution does, in summary, is that it establishes a Joint drug -- Gang- Drug Task Force which was -- would be constituted to examine gang and drug problems throughout the State of Illinois; find ways for the State to assist communities that have gang activities and drug problems. This -- this task force would consider -- consist of six members - one appointed by President of the Senate, Minority Leader of the Senate, the Speaker of the House, Minority Leader, the Governor and the Director of State Police. It’s findings would be required to be reported back to the General Assembly January 1st, 2006. I’m not aware of any opposition. I urge its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Petka moves the adoption of House Joint Resolution 11. It is the opinion of the Chair that this resolution requires the expenditure of State funds and therefore, a roll -- roll call vote must be taken. Those in favor of House Joint Resolution 11 will vote Aye. Those opposed, Nay. And 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 voting Aye, none voting Nay, none voting Present. The resolution is adopted. On page 74 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 of your Calendar -- is the Order of Secretary’s Desk Resolutions. Senator Luechtefeld, do you wish to proceed? Mr. Secretary, please read the resolution.
House Joint Resolution No. 19, offered by Senator Luechtefeld. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.
Thank you -- thank you, Mr. President, Members of the Senate. Joint -- House Joint Resolution 11 -- or, I’m sorry, 19 designates the portion of Route 13, lying between Murphysboro and the Kentucky border, as the John A. Logan Highway. I know of no opposition to this -- this resolution and would appreciate a -- an -- an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Luechtefeld moves the adoption of House Joint Resolution 19. It is the opinion of the Chair that this resolution requires the expenditure of State funds and, therefore a roll call vote must be taken. Those in favor of House Joint Resolution 19 will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are -- 59 voting Aye, none voting Nay, none voting Present. The resolution is adopted. On page 74 of the Calendar is the Order of Secretary’s Desk, Resolutions. Senator -- Syverson. Senator Syverson. Out of the record. Senate Joint Resolution 34. Out of the record. I mean 32. Out of the record. Gentleman says 38. On page 74 of your Calendar is the Order of Secretary’s Desk, Resolutions. Senator Dillard, do -- do you wish your resolution considered. Mr. Secretary, please read the resolution.
Senate Joint Resolution No. 38, offered by Senators Dillard, Watson and all Republican Members. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Dillard.
Thank you, Mr. President. Senate Joint Resolution 38 -- this resolution would rename the Tri-County State Park, which is located in DuPage, Kane and Cook Counties, the James “Pate” Philip State Park. In DuPage Country, we have the Philip J. Rock Center, which we’re proud of, named after Senator Philip’s predecessor as the President of this august Body. And I always kid people, you can say what you want about Senator Philip and think what you want about this man who gave thirty years of his life to the State of Illinois, but one thing that, whether you like Pate Philip or you don’t like Pate Philip, you can always agree on, is that Pate Philip loved the outdoors. He loved conservation and he spends a lot of time today hunting and fishing. This State park wouldn’t even be here without Senator Philip’s love of the outdoors. It’s a pet project of his and Senator Kay Wojcik, now. And it is the perfect, I believe, fitting tribute to a man that gave a lot of his life to the love of outdoors, the Department of Natural Resources and its predecessor, the Department of Conservation and this is a -- a fitting tribute to a gentleman who truly loved the outdoors. And I would move its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Leader Watson.
Yes. Thank you very much, Mr. President. And we, obviously, referred to Pate for many years here - for ten years - as Mr. President. He -- he served this august Body for over thirty years with a -- a great deal of distinction, a great deal of honor and obviously DuPage County, his home county, and his contributions to -- to that county and to the State, in general, are -- are legendary. And as Senator Dillard mentioned, a great outdoorsman, hunter, sportsman, it’s very fitting that a State park would be named for him. And I’m -- I’m just kind of pleased that -- that we’re given this opportunity on these finals days of Session to do something, I think, that means a great deal to him and certainly, a great deal to most of us on this -- on all of us -- on this side of the aisle. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Wojcik.
Yes, Mr. President. I, too, rise in support of this resolution. This State park is in my district and I could see nothing more fitting but to name this after Pate Philip. You know, running with him for twenty years, people often said to me, “My God. How can you run with Pate Philip?” But I have to tell you he was one of the most kind, compassionate men -- man I’ve ever met and that’s why I chose to stay with him for twenty years. So, I think this is great and I hope perhaps they can put a nice lake in there and he can go fishing.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Cullerton.
I wanted to ask for a verification. No, I’m just kidding. Can I -- can I ask a question? Where is this located?
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard. Senator Wojcik.
It’s on Sterns Road, just a little bit west of 59. It’s like a hidden -- a hidden State park, but it’s beautiful.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Is that in DuPage County?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wojcik.
Tri-County. There’s three counties. DuPage, Kane and Cook.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Well, I think it’ll be great. As you probably know, I grew up in DuPage County. My mother still lives there. My eight brothers and sisters live out there and it would be really a great opportunity to take an afternoon and go over and have a picnic in Pate Philip’s park. I’m looking forward to having this new name change.
PRESIDING OFFICER: (SENATOR HENDON) 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Dillard moves the adoption of Senate Joint -- I’m sorry, Senate Joint Resolution 38. It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call must be taken. Those in favor of Senate Joint Resolution 38 will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. The resolution is adopted. Oh! On -- on that question, there are 59 voting Aye, none voting Nay. And the resolution is adopted. Senator Hunter. On page 74 on your Calendar of -- is the Order of Secretary’s Desk, Resolutions. Senator Hunter, do you wish your resolution considered? Mr. Secretary, please read the resolution.
Senate Joint Resolution No. 40, offered by Senator Hunter. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Joint Resolution 40 requires the Department of Aging to perform, in connection with the Illinois Adult Day Care {sic} Services Association and the -- and the Community Care Program Advisory Committee, a rate study -- to conduct a rate study of the cost of furnishing adult day services and transportation in Illinois. DOA must forward this results along with the -- the recommendations of the General Assembly and to the community care program. This is an AARP initiative and I ask for full support of my Body.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Hunter moves the adoption of Senate Joint Resolution 40. It is the opinion of the Chair that this resolution requires the expenditure of State funds and therefore a roll call must be taken. Those in favor of Senate Joint Resolution 40 will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Present. The resolution is adopted. On page 74. Bottom of page 74 of your Calendar is the Order of Secretary’s Desk, Resolutions. Senator Lightford, do you wish your resolution considered? Mr. Secretary, please read the resolution.
Senate Joint Resolution No. 45, offered by Senator Lightford. There are no committee amendments.
PRESIDING OFFICER: (SENATOR HENDON) Are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford, to explain your amendment.
Thank you, Mr. Chairman, Ladies and Gentlemen of the Senate. This resolution address the School Code waiver request by the Illinois State Board of Ed and all of our schools across the State of Illinois. There are four school districts that we would like to have be denied their waiver request and another five schools who requested a five-year waiver request we’d like to reduce that to a one-year request. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Cronin.
Thank you, Mr. President. I rise in support of this mandate-waiver resolution. This is the procedure where yes means no and no means yes. Please vote Yes, so that we are in favor of local control.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford moves the adoption of Amendment No. 1 to Senate Joint Resolution 45. All those in favor will say Aye. Opposed, say 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 HENDON) 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Lightford moves the adoption of Senate Joint Resolution 45. Senator Lightford, to explain.
Thank you, Mr. President. This is the waiver report of School Code mandates filed by the Board of Education to determine if a report should be disapproved in whole or in part. I’d ask for an Aye vote. I did spend time with many of the legislators in the Senate Chamber and they’re all in favor of the changes.
PRESIDING OFFICER: (SENATOR HENDON) This resolution regarding school waivers requires a record vote. Those in favor of the resolution will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting - - I mean, 4 voting Nay, and 0 voting Present. The resolution is adopted. Senate Joint Resolution 48 -- 47. On top of page 75 of your Calendar. Mr. Secretary, please read the resolution.
Senate Joint Resolution No. 47, offered by Senator Lightford. There are no committee or Floor amendments, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, this is a resolution that is so important in my feeling of being a Member here. We’ve spent a couple years with our Education -- Committee establishing a subcommittee on No Child Left Behind. And during that two-year period, we found that there were a lot of area that needed improvement of this legislation that was sent to us from the federal government, the No Child Left Behind Act of 2001. We passed some legislation out of here a couple weeks ago to address Illinois it’d solve -- some areas that we thought would help our school districts perform at a better rate. But what I thought we needed to do was to send Congress a resolution calling our position here in the State of Illinois. Many states across the nation has declared their feelings about this, but Illinois had not gone on record to determine how we felt. In summary, this resolution calls upon 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 the Illinois Congressional Delegation and the U.S. Department of Education to address concerns of the General Assembly regarding the implementation of the federal No Child Left Behind Act of 2001, and urges the President of the United States and the Congress of the United States to fully fund the requirements of No Child Left Behind. There is a number of measures within this resolution that we feel need to be considered and I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Cronin.
Thank you, Mr. President. I rise in support of this resolution. I’ve enjoyed working with Senator Lightford and Senator del Valle on these issues this Session. As all of you know, the federal law No Child Left Behind is a wonderful law in terms of its goals, and it has accomplished many good things in showing where schools need improvement and -- in -- in demanding accountability in our public school system. It has done many, many wonderful things - this bipartisan policy from Washington, D.C. However, there are also some very significant challenges and problems in the implementation and the practical administration of the -- the Act. And so Senator Lightford, Senator del Valle and the Republicans have all worked together and we rise in support of this resolution calling on the federal government to help implement this -- this policy in a more effective way. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford, to close.
Thank you, Mr. President. Senators Susan Garrett, Meeks, Winkel and Luechtefeld have all been members of the subcommittee over the past couple years and I just thank them for working diligently on this. And this is a good day for Illinois to let Congress know how we feel about a very important issue here in Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford moves the adoption of Senate Joint Resolution 47. All those in favor will say Aye. Opposed will say Nay. The Ayes have it, and the resolution is adopted. On 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 page 75 of your Calendar is Senate Joint Resolution 48. Senator Hunter. Mr. Secretary, please read the resolution.
Senate Joint Resolution No. 48, offered by Senator Hunter. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Thank you, Mr. President, and Ladies and Gentlemen of the Senate. Senate Joint Resolution 48 simply extends the life of the Illinois Commission on the 50th Anniversary of Brown versus the Board of Ed deadline for reporting its results until December 30th, 2005. The deadline previously was June 30th, 2005. And I’ll ask for a favorable vote, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Hunter moves the adoption of Senate Joint Resolution 48. It is the opinion of the Chair that this resolution requires the expenditure of State funds and, therefore, a roll call vote must be taken. Those in favor of Senate Joint Resolution 48 will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. And the resolution is adopted. On page 75 of your Calendar is Senate Joint Resolution 60. Senator Schoenberg, would you like your resolution considered? Out of the record. Senate Joint Resolution 139. Senate Resolution 139. Mr. Secretary, please read the resolution.
Senate Resolution 139, offered by Senator Silverstein. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Thank you, Mr. President. This was a -- a resolution extending the report on the alcohol task force -- Alcohol and Beverage Task Force. This was a task force that we had hearings 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 during the Session this year. It’s based upon a Supreme Court -- U.S. Supreme Court decision that just came down about three weeks ago that affects both the wine and the liquor industry. We’re extending the date for our report to August 15th. We’re hoping to meet with the parties and the task force later, after we get done with the Session, to see if we can come to some compromise with some legislation, if necessary.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Silverstein moves the adoption of Senate Resolution 139. It is the opinion of the Chair that this resolution requires the expenditure of State funds and, therefore, a roll call must be taken. Those in favor of -- Resolution 139 will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The resolution is adopted. Senate Resolution 148. Senator Geo-Karis. Mr. Secretary, read the resolution.
Senate Resolution 148, offered by Senator Geo-Karis. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Geo-Karis.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This resolution urges Congress to amend the federal Older Americans Act to include the older family (care)givers of adult children with developmental disabilities as an eligible population to be served by the National -- Family Caregiver Support Program. There are more than twenty thousand family caregivers, age sixty and over, providing in-home and financial support to adult children with -- developmental disabilities in - - in Illinois and it’s projected that this number will be increased. I urge for favorable support of this resolution.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Geo-Karis moves the adoption of Senate Resolution 148. All those in favor will say Aye. Opposed will say Nay. The Ayes have it, and the resolution 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 is adopted. Senate Resolution 208. Senator Schoenberg. Out of the record. Senate Resolution 209. Senator John Sullivan. Mr. Secretary, read the resolution.
Senate Resolution No. 209, offered by Senator John Sullivan. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. Senate Resolution 29 {sic} calls on the Illinois Congressional Delegation to protect Illinois’ interest in and pursue funding for a passenger rail service. And it calls on the Department of Transportation to report to the General Assembly on the implications for continued rail service in the State should federal support be eliminated. The current administration in Washington proposed reducing Amtrak funding from its current level of 1.2 billion to zero in the next federal budget. Amtrak’s a major Illinois employer with more than two thousand employees. Over 2.3 million riders traveled through Chicago’s Union Station on Amtrak in FY’04. Amtrak currently serves almost thirty communities in the State of Illinois, including several with universities. I ask for the adoption of Senate Resolution 209.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Winkel.
Mr. President, I rise in support of this resolution. I do, though, ask for a roll call vote. I think that’d be helpful.
PRESIDING OFFICER: (SENATOR HENDON) This does require a roll -- roll call. Senator Risinger.
Thank you, Mr. President. This resolution came through the State Government Committee, and the Members on this side of the aisle voted Present. And I wanted to make mention of that. We all agree with the intent of the resolution. We all support Amtrak. The resolution itself asks for the Illinois Congressional Delegation to lead the effort in a bipartisan 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 manner to protect the -- Illinois’ unequivocal interest in strong, fully-funded passenger rail service. And in that bipartisanship, we felt that some of the language was kind of strong toward the administration and voted Present. But I wanted to let everybody know we -- we do fully agree with the intent of the resolution.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Sullivan moves the adoption of Senate Resolution -- I’m sorry. Senator Rauschenberger.
Thank you, Mr. President. I rise in support of the resolution. Want to encourage the Senator’s work here, but also hope, since he’s on the majority side and may be the only people who’ll get a peek at the budget, that it would be equally important in getting this accomplished to make sure that the Governor’s Office re-appropriates Series B Mass Transit and downstate rail bonding. The last draft that was shown to the Minority Party did not include re-appropriation for Series B. If we were to send this resolution out to Congress not having re- appropriated our Series B transportation bonding, we would look pretty foolish. So, I would just urge Senator -- Sullivan to help make sure that when you guys see a draft that you remind the Executive Branch Series B re-appropriation is critical to this being successful.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Sullivan moves the adoption of Senate Resolution 209. It is the opinion of the Chair that this resolution requires the expenditure of State funds and therefore a roll call vote must be taken. Those in favor of Senate Resolution 209 will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there 54 voting Aye, none voting Nay, and 3 voting Present. The resolution is adopted. Senate Resolution 210. Senator Risinger. Mr. Secretary, read the resolution.
Senate Resolution No. 210, offered by Senators Risinger and Shadid. There are no committee amendments or Floor amendments reported, 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Thank you, Mr. President. Earlier we had quite a discussion in the -- in the Senate talking about these dangerous intersections and what we might do to make them safer. What this resolution does, it urges the Department of Transportation and local communities to program their traffic signals at these high- accident intersections to add additional two seconds of red light time to allow those intersections to clear.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Risinger moves the adoption of Senate Resolution 210. All those in favor will say Aye. Opposed will say Nay. The Ayes have it, and the resolution is adopted. Top of page 76 of your Calendar is Senate Resolution 218. Senator Hunter. Mr. Secretary, read the bill {sic}.
Senate Resolution 218, offered by Senator Hunter. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Resolution 218 creates a Task Force on Access to Benefits and Services to analyze policies and procedures concerning applications of eligibility for cash assistance provided under the Illinois Department of Public Aid Code and the Children’s Health Insurance Program Act. I simply ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Hunter moves the adoption of Senate Resolution 218. It is the opinion of the Chair that this resolution requires the expenditure of State funds and therefore a roll call vote must be taken. Those in favor of Senate Resolution 218 will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 that question, there are 59 voting Aye, none voting Nay, none voting Present. And the resolution is adopted. Senator Halvorson in the Chair. Senator Halvorson in the Chair.
PRESIDING OFFICER: (SENATOR HALVORSON) Message from the House.
A Message from the House by Mr. Mahoney, Clerk. Dear 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: Senate Bill 1223, along with House Amendment No. 1. I have like Messages on Senate Bill 1832, with House Amendment No. 1; Senate Bill 1853, with House Amendments 1 and 2; Senate Bill 1912, with House Amendment No. 1; and Senate Bill 1962, with House Amendment 1. All passed the House, May 27th, 2005.
PRESIDING OFFICER: (SENATOR HALVORSON) The Rules Committee will meet immediately in the Senate President’s Anteroom. Mr. Secretary, Committee Reports.
Senator Viverito, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to the Agriculture and Conservation Committee - Motion to Recede from Senate Amendment No. 1 to House Bill 601; refer to the Commerce and Economic Development Committee - Motion to Concur with House Amendments 1 to Senate Bill 1251, Motion to Concur with House Amendments No. 1 and 2 to Senate Bill 1354; refer to the Education Committee - Motion to Concur with House Amendments No. 1 to Senate Bill 1493; refer to the Environment and Energy Committee - a Motion to Concur with House Amendment No. 1 to Senate Bill 1909; refer to the Executive Committee - Motion to Concur with House Amendment No. 1 to Senate Bill 122, Floor Amendment No. 1 to Senate Bill 1185, Motion to Recede from Senate Amendment No. 3 to House Bill 870 and Floor Amendment No. 1 to Senate Bill 1031; refer to the Health and Human Services Committee - Floor -- Floor Amendment No. 3 to House Bill 399 and Floor Amendment No. 3 to House Bill 2062; refer to the Judiciary Committee - Motion to Concur with House Amendment No. 1 to Senate 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Bill 1234, Motion to Concur with House Amendment No. 1 and 2 to Senate Bill 1883 and a Motion to Concur with House Amendment No. 2 to Senate Bill 1953, a Motion to Concur with House Amendment No. 1 to Senate Bill 2082; refer to the Local Government Committee - a Motion to Recede from Senate Amendment No. 2 to House Bill 1679; refer to the Pensions and Investments Committee - Floor Amendment No. 1 to House Bill 227 and Floor Amendment No. 1 to Senate Bill 799; refer to the State Government Committee - a Motion to Concur with House Amendment No. 1 to Senate Bill 350; refer to the Transportation Committee - a Motion to Concur with House Amendment No. 1 to Senate Bill 1666. Signed by Senator Viverito.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett, for what purpose do you rise?
Thank you, Madam President. For purpose of announcement.
PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.
State Government will meet today, 4:15 in A-1.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford, for what purpose do you rise?
Thank you, Madam President. A Senate announcement.
PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.
Thank you. Senate Education at 4:45 in Room 212.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty, for what purpose do you rise?
Point of an announcement.
PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.
Local Government will also be meeting at 4:45 in the Stratton Building, A-1.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton, for what purpose do you rise? 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
For the purposes of two announcements.
PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.
Can I make two at the same time? They both involve the same room. They both involve the Room 212, so they have something in common. The first would be the Judiciary Committee will meet in Room 212 at 3:15. And then the Executive Committee will meet in Room 212 at 4:15. So that we have an hour for the Judiciary Committee to conduct its business.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Ronen, for what purpose do you rise?
Purpose of an announcement, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.
The Health and Human Services Committee will meet at 4 p.m. in Room 400. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez, for what purpose do you rise?
For purpose of an announcement.
PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.
The Pensions and Investments Committee will meet today at 3:45 in Room 400.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne, for what purpose do you rise?
Purposes of an announcement.
PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.
The Environment and Energy Committee will meet today in 212 at 4 p.m. Again, Environment and Energy, 212, 4 p.m.
PRESIDING OFFICER: (SENATOR HALVORSON) 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator John Sullivan, for what purpose do you rise?
Purpose of an announcement.
PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.
The Senate Ag and Conservation Committee will meet at 4 p.m. in A-1 in the Stratton.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Meeks, for what purpose do you rise?
Just to stand up. Just -- I ain’t had nothing else to do. The Commerce Committee is going to meet today and it’s at 4:30 in A-1. And Senator Sandoval is the Chairman. In A-1. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator del Valle, for what purpose do you rise?
Thank you, Madam President. For purposes of a motion.
PRESIDING OFFICER: (SENATOR HALVORSON) State your motion.
Madam President and Ladies and Gentlemen of the Senate, I move to waive all posting requirements so that Senate Resolution 61 can be heard in the Senate Committee on State Government. This is a resolution that urges NBC and Telemundo to negotiate a contract in good faith with WSNS broadcast journalists.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator del Valle moves to waive all posting requirements so that Senate Resolution 61 can be heard in the Senate Committee on State Government today. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion is adopted. Senator Munoz, for what purpose do you rise?
For the purpose of announcement, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) State your announcement.
Transportation in Room 400 at 3:15. 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
PRESIDING OFFICER: (SENATOR HALVORSON) The Senate will stand in recess to the call of the Chair. After committees the Senate will reconvene. It should be approximately 5 or 5:30, to receive Committee Reports and for further Floor action. Yes. Floor action. The Senate stands in recess till the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HALVORSON) The Senate will come to order. Madam Secretary, Committee Reports.
Senator Munoz, Chairperson of the Committee on Transportation, reports a Motion to Concur with House Amendment No. 1 to Senate Bill 1666 recommended Do Adopt. Senators Cullerton and Dillard, Co-Chairpersons of the Committee on Judiciary, reports Motions to Concur with House Amendment 1 to Senate Bill 1234, House Amendments 1 and 2 to Senate Bill 1883, House Amendment 2 to Senate Bill 1953, and House Amendment 1 to Senate Bill 2082, all recommended Do Adopt. Senator Martinez, Chairperson of the Committee on Pensions and Investments, reports -- Senate Amendment No. 1 to House Bill 227 and Senate Amendment 1 to Senate Bill 799 Be Adopted. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports Motion to Concur with House Amendment No. 1 to Senate Bill 1909 recommended Do Adopt. Senator Ronen, Chairperson of the Committee on Health and Human Services, reports Senate Amendment No. 3 to House Bill 399 and Senate Amendment 2 to House Bill 2062 Be Adopted. Senator Sullivan, Chairperson of the Committee on Agriculture and Conservation, reports Motion to -- Motion to Recede from Senate Amendment No. 1 to House Bill 601 recommended Do Adopt. Senator Silverstein, Chairperson of the Committee on Executive, reports Motion on Concur with House Amendment 1 to Senate Bill 122 and a Motion to Recede from Senate Amendment No. 3 to House Bill 870, and Senate Amendment No. 1 to Senate Bill 1185, all recommended Do Adopt. 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Garrett, Chairperson of the Committee on State Government, reports -- Senate Resolution No. 61 Be Adopted, and Motion to Concur with House Amendment No. 1 to Senate Bill -- 350 recommended Do Adopt. Senator Sandoval, Chairperson of the Committee on Commerce and Economic Development, reports Motion to Concur with House Amendment 1 to Senate Bill 1251 and House Amendments 1 and 2 to Senate Bill 1354 Be Adopted. Senator Lightford, Chairperson of the Committee on Education, reports a Motion to Concur with House Amendment 1 to Senate Bill 1493 recommended Do Adopt. Senator Crotty, Chairperson of the Committee on Local Government, reports Motion to Recede from Senate Amendment No. 2 to Senate Bill 1679 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 431, together with House Amendment 10 to Senate Bill 431. Passed the House, as Amended, May 27, 2005. I have like Messages on Senate Bill 506, with House Amendments 1, 2 and 3; Senate Bill 1446, with House Amendments 1 and 2; and Senate Bill 2038, with House Amendments 1 and 2. Which passed the House, as Amended, May 27, 2005. A Message from the President. Pardon me. A Message 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 adoption of their amendment to a bill of the following title, to wit: House Bill 350, with Senate Amendment No. 1. I am further directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of the following amendment: Senate -- Senate Amendment No. 6 to House Bill 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 350. Action was taken by the House on May 27, 2005. 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 adoption of their amendment to a bill of the following title, to wit: House Bill 1195, together with Senate Amendment No. 2. Non-concurred in by the House, May 27, 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 concurred with the Senate in the adoption of their amendments to a bill of the following title, to wit: House Bill 2531, with Senate Amendments 3, 4, 5 and 6. I am further directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of the following amendment: Senate Amendment No. 2 to House Bill 2531. Action was taken by the House on May 27, 2005.
PRESIDING OFFICER: (SENATOR HALVORSON) All Members please come to the Senate Chambers. We are going to do some real work. Senator Cullerton, for what purpose do you rise?
Thank you, Madam President. There was a Senate Bill 1213 that I was the -- originally the sponsor on. Senator Raoul became the sponsor, because I had a conflict of interest. And unfortunately, I think I may have pushed a green button. So, I just wanted the record to reflect I would have preferred to have pushed a Present button.
PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect. Thank you, Senator Cullerton. We will be going to page 27 on the Order of Senate Bills 3rd Reading. Our first one will be 799. Senator Sullivan seeks leave of the Body to return Senate Bill 799 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 leave is granted. On the Order of 2nd Reading is Senate Bill 799. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sullivan.
Thank you, Madam President. The sponsorship should have been changed to my name.
PRESIDING OFFICER: (SENATOR HALVORSON) Okay. The paperwork has been filed, Senator Sullivan. Please go ahead, proceed. Senator -- so, Madam Secretary, are there any amendments -- approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator John Sullivan.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sullivan, to explain your amendment.
Thank you, Madam President. The -- the amendment becomes the bill. Basically, it adds United Counties Council of Illinois to the IMRF Retirement Fund service.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Sullivan moves the adoption of Amendment No. 1 to Senate Bill 799. 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 Sullivan, do you wish to proceed? Madam Secretary, read the bill.
Senate Bill 799. (Secretary reads title of bill) 3rd Reading of the bill. 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sullivan.
Thank you, Madam President and Ladies and Gentlemen of the Senate. As I mentioned when we adopted the amendment, which now becomes the bill, it simply adds the United Counties Council of Illinois to the IMRF, the Illinois Municipal Retirement Fund. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 799 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, and none voting Present. And Senate Bill 799, having received the required constitutional majority, is declared passed. Senator Cullerton, on 1185. Senator Cullerton seeks leave of the Body to return Senate Bill 1185 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 1185. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator John Jones.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones, to explain your amendment.
Thank you, Madam President. Floor -- Floor Amendment No. 1 to Senate Bill 1185 is a conveyance for the prison site at Grayville, Illinois, conveying it to the City of Grayville for a -- an industrial park. We have an opportunity there, since the prison isn’t -- isn’t going to be built. And the Governor has -- the Governor’s Office and DCEO, Corrections and all -- all of us have met this week and -- and they would be in concurrence with us doing this. The City of Grayville has an opportunity to create seven hundred jobs on that location, and I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator John Jones moves the adoption of Amendment No. 1 to Senate Bill 1185. All 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 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 1185. Senator Cullerton, do you wish to proceed? Madam Secretary, read the bill.
Senate Bill 1185. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
Yes. Thank you, Madam President. You may know my district is up in Chicago, but I’m -- I’d like to pass this bill for my friends down in White County. Grayville, which is located in White County is -- for those of you folks from Chicago is next to the Indiana border. It’s a town of one thousand six hundred and forty-three people. This bill is supported - and I’ve since found this out since the committee hearing this afternoon - this bill is supported by the Department of Corrections. It’s a land conveyance by quit claim deed of two hundred and forty-nine acres from the State Department of Corrections to the City of Grayville. They’re -- the property was originally purchased by the city for building a State -- State prison. And -- and then the property was deeded to the State. So, now the city is getting the property back. There is a -- they’re -- Grayville’s working on a federal loan for the -- developing the land. There’s a developer ready to develop it, and it would be very plus -- win-win situation for the -- for the city, which is probably a little disappointed in what happened with the prison. But this is a way to kind of -- see if we can put some more money back into the economy there. So, I would ask for its passage.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Forby.
79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Yes, Madam President. This -- this is a neighbor in my district. Down where I come from, we work with each other. What’s good for him is what’s good for me. This would create four to five hundred jobs maybe and the Governor said that when the prison -- when the prison stopped that he’d rather have factories in there as having another prison. So, it looks like we’re going thataway. So, it’s just another step. I would like for everybody to vote on this bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Cullerton, to close.
Well, I just want to say that I look forward to coming down to Grayville for the bill signing ceremony, and I expect -- I would expect somebody to buy me a beer down there.
PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall Senate Bill 1185 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. And Senate Bill 1185, having received the required constitutional majority, is declared passed. Now if you’ll turn your Calendar to page 66, we will be on the Order of House Bills 3rd Reading. The first bill, 227, Senator Martinez. Senator Martinez seeks leave of the Body to return House Bill 227 to the Order of 2nd Reading. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 227. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator DeLeo.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo, on the amendment. SENATOR DeLEO: Yes. Thank you very, very much, Madam President and Ladies and Gentlemen of the Senate. Madam President, I just want to compliment you, how nice you look this evening. Floor Amendment No. 1, we -- we did this bill -- this is another one of the House’s, sending it back to us again. We did this earlier this Session. The amendment allows the widow of a deceased annuitant 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 from the Chicago Municipal Retirement Fund - she can buy in these eight years. We talked about the fiscal impact back a few months ago. It’s very, very, very -- minor is what the commission has told us. And if the widow, who decides to purchase these eight years of service, she worked at the Visually Handicapped Managers System of Illinois, she has to pay in the normal cost and interest. So I ask for its adoption on Floor Amendment No. 1 to House Bill 227, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator DeLeo moves the adoption of Amendment No. 1 to House Bill 227. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further 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 227. Senator Martinez, do you wish to proceed? Madam Secretary, read the bill.
House Bill 227. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.
Thank you. Thank you, Madam President, Members of the Senate. House Bill 227 allows a member of the State Employees Retirement System to purchase services credit up to eight years of employment with the Visually Handicap Managers of Illinois. The bill requires the members to contribute an equal amount -- amount equal to the employee’s normal cost plus interest plus the employer’s contribution. The provision of the bill applies to both active members and retirees.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Righter.
Thank you, Madam President. I simply rise in support of the 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 bill. It passed out of the Labor Committee unanimously. Thank you, Senator.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 227 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, 1 voting Nay, none voting Present. And House Bill 227, having received the required constitutional majority, is declared passed. Senate President Emil Jones, for what purpose do you rise?
Yeah. Thank you, Madam President. This is some issue that a lot of Members on both side of the Chamber have been trying to figure out - the schedule. And working in concert with the House, we are trying to adjust the schedule, but we are prepared to stay here all weekend - Saturday, Sunday and probably -- possibly Monday, so we can finish the State’s business. And so, we do not have too much more work to do today, but it is the intent to come in around noon tomorrow, work tomorrow afternoon and it all depends on the work load. We may get out of here at a reasonable time and come back Sunday afternoon after the Members of the other side have a opportunity to go to church and pray. But -- but it -- recognizing it is a holiday weekend, but we -- we -- we still have a lot of work to do, so I wanted to give you a heads up as it relate to the schedule as far as our doing State business. I would like to also be home on the weekend, but I just had a meeting with the House and we’re trying to coordinate the schedule. So, as it stands for right now, we -- we will be coming in Session tomorrow around noon. Depending on paperwork from the House or -- and what we have to do here, and we can conclude tomorrow at a reasonable time and then come back Sunday afternoon, maybe around two o'clock and -- and work through until we -- we complete the State business.
PRESIDING OFFICER: (SENATOR HALVORSON) With leave of the Body, we’ll return to 399. Senator Maloney, on 2062. Senator Maloney seeks leave of the Body to return House Bill 2062 to the Order of 2nd Reading for the purpose of an amendment. Seeing no -- hearing no objection, 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 leave is granted. On the Order of 2nd Reading is House Bill 2062. Madam Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Maloney.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney, to explain your amendment.
Thank you, Madam Chairman. The amendment to House Bill 2062 would have the nursing homes have the same information that the Department of Public Health and Department of Corrections have about individuals that are entering the nursing home. It would cover only felony defenders {sic} and there would also be notice given to residents and the employees relative to their status.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Maloney moves the adoption of Amendment No. 2 to House Bill 2062. 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 2062. Senator Maloney, do you wish to proceed? Madam Secretary, read the bill.
House Bill 2062. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney.
Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 2062 provides for a process for screening sex offenders and violent offenders that are going to reside in skilled nursing facilities. This legislation, I’m confident, will result in improved and safer conditions for the residents, the employees and the communities that these homes are in. The 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 bill, and the reasons for its lateness in the Session, is a result of communication regarding individuals in question that resulted in some nightmare situations throughout the State, and particularly in one home in my district. These situations, as I said, are throughout the State. The bill requires the Department of Public Health to formally issue rules to provide for - number one, a process of identifying the offenders -- felony offenders and sex offenders; a assessment to determine whether the offenders create a risk to others; and, finally, an offender care plan. And to use an educational jargon, that would be like an individual plan for the offender. The way this is going to be accomplished is through increased communication. The bill will require notification by the Department of Correction that a felony offender, including a sex offender, who is placed in a nursing home, this information be provided to local law enforcement agency and the facility itself. The background information on the individual to develop a care plan and also to make sure they are in compliance with the terms of parole with the Sex Offender Registration Act. Residents, guardians and staff will also be informed of the status. The Department of Public Health would also look at the feasibility of segregating these people within the facilities. There were some very pertinent and important questions raised during committee on this particular issue, and one of the questions brought was what is the current situation regarding sex offenders and a facility’s ability to either accept or reject them? And currently, the facility can simply say we can’t meet your needs or cite safety considerations and reject the person. Much the same, they could say we cannot care for the mentally disabled or developmental disabilities. They -- the home can accept anybody if they claim they can help them. The law does not change, relative to the -- based on information we had from our staff and the -- the attorney with the Illinois Long Term Council, does not impact the liability of the homes, because it’s just like if they were to have Alzheimer’s unit, they would have to have the regulations in place to accept Alzheimer’s patients or the mentally ill. They can simply say that we choose not to meet those requirements. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Is there any discussion? Senator Pankau.
Thank you, Madam President. I commend the sponsor. Twice, he came to committee. Issues were raised and he went back and worked on them, immediately. To the bill: Senator, you just mentioned two areas that I -- that I hope, as we go forward now and have some experience, that maybe next year we can look at the experience of putting the safeguards in place, putting the controls in place and see if we need to address either the liability issues that you talked about or the admittance issues that you talked about. And that we -- together we can work on making a good bill even better. I urge your support for this bill. This is -- bill has come a long way. It may have a little bit more to go or maybe it is contained in there. Until we get some experience, we aren’t going to know. I urge Aye votes.
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.
First of all, I also thank you for the good work that you’ve done. I know this is an important piece of legislation and I know it’s important to the Attorney General, because the Attorney General doesn’t always bring in an expert witness like Jim Dodge. I mean, that’s -- we’ve not had that happen in the Health Committee before, so I know this is an important bill to the General. So, we appreciate that. There was just one question raised and maybe for just legislative intent, you can address regarding the felons. We’re talking about those that have been convicted of certain felonies, not the sex offender related ones, but the other felonies about how far back we’re going to look back to be considered on this list. And, I think you’ve got an answer about how we’re going to look at addressing that. If you could, I would appreciate that. And again, thank you for your help on this bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney. 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
Thank you, Senator. And -- and the way this will be addressed is the Illinois Department of Public Health will look into individual cases to determine if that person is -- continued to be a risk. For example, a -- an eighty-five-year-old person who happened to be a World War II veteran and stole a car when they were nineteen years old, they obviously would not be considered a -- a risk at this time. So, the Department of Public Health will establish those parameters within the legislation.
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 Maloney, first I want to add my thanks to the work you’ve done on this. The issue of sex offenders in nursing homes and exposing nursing home residents to potential sexual assaults or other crimes is a -- is a -- is a serious and -- and sensitive issue and you’ve -- you’ve taken it on in a -- and -- and done well. I want to ask a specific question about the rulemaking -- process that the Department of Public Health isn’t going to undergo. It’s my understanding that the bill calls for rules -- emergency rules to be adopted within thirty days with regards to requiring that before a sex offender can be admitted into a nursing home, there are certain things that the nursing home is going to have to be ready to do. Is that correct?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney.
That is correct, Senator. And it’s our -- it’s our -- the information we have received is the Department of Public Health has already begun working on these rules.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Thank you. And that’s good to hear. There is going to be some gap of time between the time the Governor put -- and this bill has an -- immediate effective date it’s my understanding. So there’s going to be some measure of time between when the Governor signs the bill and it becomes law and when the rules are implemented. And, I’m concerned about that gap of time, and what do the nursing homes do if they have someone who wants to be admitted into a nursing home that they know is a sex offender? Can you help me with that?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney.
It -- it’s the intent of this legislation that -- that these rules will be hopefully enforced before they are formally -- will not -- will not be enforced until they’re enacted. So, it would be the current situation until the rules are enacted.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
So, I guess this is along the lines of legislative intent, because this could be an area that is a little bit ambiguous. But what you’re telling me, Senator, it’s your intent that the nursing homes would not have to comply with having these things in place in order to admit someone who is a sex offender until the rules are actually adopted by the Department. Is that fair to say?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney.
That would be an accurate assessment, Senator.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter. Is there any further discussion? Seeing none, the question is, shall House Bill 2062 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 2062, having received the required constitutional majority, is declared passed. Now, on Supplemental Calendar No. 1. It’s been 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 distributed. Everybody should have a copy. If not, raise your hand. No. Secretary’s Desk, Concurrences. First one is Senator Crotty on Senate Bill 122. On the Order of Concurrence is Senate Bill 122. Senator Crotty, do you wish to proceed? Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 122. Motion filed by Senator Crotty.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty, to explain your motion.
Thank you very much. Senate Bill 122 had to do with the land conveyance that we passed out of here for a roadway in Tinley Park and also that small portion between the roadway and a -- a building that’s used as a assistive technology center by United Cerebral Palsy of Greater Chicago. What this amendment does is authorize the Secretary of Human Services to convey the list of property to the Village of Tinley Park, instead of United Cerebral Palsy of Greater Chicago, for construction of a public roadway and utilities, including, but not limited to, water, sanitary sewer and storm sewer, instead of saying it’s a public roadway for nonprofit uses.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action. And the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 122. 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, and none voting Present, and the Senate concurs in House Amendment No. 1 to Senate Bill 122. And the bill, having received the required constitutional majority, is declared passed. Senator Garrett, on 350. Senator Dillard, on 1234. On the Order of Concurrence is - - Senator -- Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1234. Motion filed by Senator Dillard. 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard, to explain your motion.
Thank you. I’m going to move to concur with House Amendment No. 1 to Senate Bill 1234. This bill, when it left here, was an initiative of Illinois Attorney General Lisa Madigan. It’s part of a -- a large sex offender package of bills that we have seen this Session. The House amendment to this bill clarifies the role of local law enforcement in the registration and community notification process for juvenile sex offenders and clarifies to ensure that schools get the information necessary to deal with any risk of a sex offender in their -- in their area. And again, I would move to concur, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Maloney.
Thank you, Madam President. I -- I did not hit my button successfully on Senator Crotty’s bill. Senator -- 122. I would like to be recorded as an Aye.
PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect, Senator Maloney. Is there any further discussion on Senator Dillard’s 1234? This is final action. And the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1234. 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 59 Yeas, none voting Nay, and none voting Present. And Senate Bill -- 1234, having received the required constitutional amendment -- majority, is declared passed. Senator Cullerton, on 1251. Madam Secretary, please read the motion.
I -- I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1251. Motion filed by Senator Cullerton.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
Yes. Thank you, Madam President, Members of the Senate. 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 This is a bill that has no opposition as a result of the House amendment. The amendment requires that the corporate shareholders entitled to a vote at a shareholder’s meeting must be permitted to attend the meeting where space permits. And the shareholder would be subject to the corporation’s bylaws and rules governing the conduct of the meeting and the power of the chairperson to regulate the orderly conduct of the meeting. The bill is in response to a concern about -- companies not allowing their shareholders to come in and physically be present on a -- at a meeting, and this is a compromise language. I would ask for us to concur with the House amendment.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action. And the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1251. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Yeas, none voting Nay, none voting Present, and the Senate concurs in House Amendment No. 1 to Senate Bill 1251. And the bill, having received the required constitutional majority, is declared passed. Senator Haine, on - - 1354. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1354. Motion filed by Senator Haine.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Thank you, Madam President and Ladies and Gentlemen of the Senate. House Amendment No. 1 to this Interagency Military (Base) Support and Economic Development Committee restructured the committee, added certain members and then House Amendment No. 2 made the Lieutenant Governor chair of the committee and director -- and the Director of DCEO the vice chair. And I -- it’s fine with me. I hope it’s fine with the Senate. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final question, and the -- this is final action. And the question is, shall the Senate 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 concur in House -- Senator Haine.
I’m sorry, Madam President and Ladies and Gentlemen of the Senate. I wish to add a legislative intent here on behalf of the Senate. That these -- of these eight public members appointed by the Lieutenant Governor, that there would be a good number of representatives from public school districts who are heavily impacted by military base -- closures. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) This is final action. The question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 1354. 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 the Senate concurs in House Amendments No. 1 and 2 to Senate Bill 1354. And the bill, having received the required constitutional majority, is declared passed. Senator Harmon, on 1493. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1493. Motion filed by Senator Harmon.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, to explain your motion.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This is a bill that I have presented to the Senate, in one form or another, far too many times. And I hope, very much, this will be my last time. The underlying bill relates to the township treasurers of schools, that archaic form of government in suburban Cook County that oversees the finances of school districts. The bill, as we sent it from the Senate to the House, would have permitted at one particular school district, by vote of their board, to change their jurisdiction from one township office to the other. This amendment, at the request of opponents to the bill, permits that sort of transfer only by referendum of the voters. I’m not aware of any opposition and I ask for your Aye votes. 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1493. 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 59 Yeas, none voting Nay, none voting Present, and the Senate concurs in House Amendment No. 1 to Senate Bill 1493. And the bill, having received the required constitutional majority, is declared passed. Turn the page. On the top is Senate Bill 1666. Senator Jacobs. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1666. Motion filed by Senator Jacobs.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs, to explain your motion.
Thank you, Madam President. This bill passed this House for the Purple Heart license plate to give to the widows of the Purple Heart veterans. The House has added on the Medal of Honor winners, Silver Star, Bronze Stars and a host of other issues. I think they’re all good causes. There’ll be a minimal impact on the financial side, and I’d appreciate your support.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1666. 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 the Senate concurs in House Amendment No. 1 to Senate Bill 1666. And the bill, having received the required constitutional majority, is declared passed. I know it’s Friday night and everybody’s ready to go out and party, but we got to keep it down a little. Okay. Senator Cullerton, on 1883. Madam Secretary, read the motion.
92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1883. Motion filed by Senator Cullerton.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton, to explain your motion.
Thank you, Madam President, Members of the Senate. The House amendment becomes the bill. It was negotiated over in the House. It’s a Bar Association initiative. It’s limited from when we passed the bill out of the Senate. What the bill does now is to prohibit an unlicensed person from advertising or holding himself or herself out to provide legal services if he or she is not licensed to do so. The same prohibition already is -- is in the Corporate {sic}(Corporation) Practice of Law Prohibition Act and this just makes the two Acts uniform. The current Act contains certain exceptions that allow limited categories of unlicensed persons to represent parties in certain matters before the Labor Relations Board, the Educational Labor Relations Board, and the State Civil Service Commission, the Local Civil Service Commission and the University Civil Service Merit Board. This bill does not affect those exemptions -- exceptions. It also specifically recognizes the federal preemption for advocates assisting persons under federal disabilities law or State statutes implementing those laws. I’d be happy to answer any questions. I believe Senator Haine actually was going to ask me a -- a question concerning legislative intent. So I would anticipate a question from Senator Haine at this time.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Thank you, Senator Cullerton, appreciate it. There was a Supreme Court case recently and I want to know exactly how this affects the Supreme Court case, and I lost the cite. Here it is here. It’s King versus First Capital Financial Services. Decided April 21 of this year and I wish to know if this -- this Supreme Court case affects your bill or the medical malpractice bill. Either one.
PRESIDING OFFICER: (SENATOR HALVORSON) 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Cullerton.
Well, you forgot the question and I forgot the answer. So, did they give you the answer too, Senator?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Senator, I would hope that the answer is no. That the Illinois law would allow both individuals and corporations to represent themselves in transactions when either the individual or the corporation is a party to the transaction. Your bill would not change that. Is that correct?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
As Ed McMahon used to say, “You’re correct, sir.”
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton, to close.
Yes. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) This is final action. And the question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 1883. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present, and the Senate concurs in House Amendments No. 1 and 2 to Senate Bill 1883. And the bill, having received the required constitutional majority, is declared passed. Senator Haine, on 1909. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1909. Filed by Senator Haine.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine, to explain your motion.
This motion to concur, this was a bill and I want to bring 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 this to the special attention of President Jones - President Emil Jones - this is a bill having to do with coal combustion. This is a coal brothers' bill, President Jones, and we bring it especially to the attention of you and the Senate. And this was a bill worked out with the IEPA, the Chamber of Commerce and DNR and everyone is on board. The -- what the amendment does is clear up some objections from DNR on the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, this is final action and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1909. 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, 1 voting Present. The Senate does concur with Amendment No. 1 to Senate Bill 1909. And the bill, having received the required constitutional majority, is declared passed. Senator Raoul, on 1953. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1953. Motion filed by Senator Raoul.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Raoul, to explain your motion.
Thank you, Madam President. House Amendment 2 to Senate Bill 1953 changes the application of the prohibition of -- of a juvenile’s right to waive counsel to limit it to judicial -- clarifies that it limits it to judicial proceedings and also -- exempts proceedings where there are petty offenses with fines only -- subject to fines only. I urge a Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Roskam.
…you -- thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator Raoul, could you just give us a little bit of 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 background, a little bit of the context that has brought this forward? And could you address the argument that -- that some will implicitly make that this kind of creates an adversarial relationship vis-à-vis police and youth very early on? Could you just address that generally?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Raoul.
In that -- in that, the -- the -- the bill, in its original text and even more so with the House amendment, explicitly says in judicial proceedings only, that -- it would have no impact on that.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, this is final action. And the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1953. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Yeas, none voting Nay, none voting Present. And the Senate concurs in House Amendment No. 2 to Senate Bill 1953. And the bill, having received the required constitutional majority, is declared passed. Senator Cullerton, on 2082. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2082. Motion filed by Senator Cullerton.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton, to explain your motion.
Yes. Thank you, Madam President, Members of the Senate. This is a bill which is co-sponsored by Senator John Jones with me, and this is kind of a important issue. The Capital Litigation Trust Fund exists. That was an idea that Senator Hawkinson had put together. It’s an excellent fund. It’s used by both the prosecution and the defense in death penalty cases. And a very unfortunate thing happened down in Jefferson County where there was a -- a -- a trial for the kidnapping, raping and 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 murdering of a ten-year-old girl. The one lawyer was able to tap into this fund for over a -- a -- a million one hundred and sixty-three thousand dollars. And the judge down there did not feel that he had the authority under the Act to refuse to pay those bills. So that’s why we came with this bill to basically provide a system where the budget for the defense has to be approved up front. Now, the House added to the bill. They -- they clarified that the -- these budget materials that are provided are exempt from disclosure under the FOIA Act until the conclusion of the trial. And they -- they kind of resolved kind of a long-standing dispute between the prosecution and the defense. The prosecution always didn’t like the idea of the defense counsel going in and ex parte conversations talking to the judges about their -- their -- their defense. They thought they were kind of getting back-doored a little bit. So, this bill says that if -- if an ex parte hearing is requested by the defense or deemed necessary by the trial judge, the ex parte hearing concerning the budget shall be before the presiding judge or his or her designee. So it’s a -- it’s a good compromise. It’s a great bill to respond to a -- a -- a situation that occurred down in Jefferson County and -- and hopefully -- well, now it won’t -- won’t happen again. So, I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator John Jones.
Thank you, Madam President. To the bill: I just -- I just rise in strong support of this bill. I -- I came to Senator Cullerton and -- and Senator Dillard both many, many months ago and brought this issue to them. Not being an attorney and I didn’t want to start tampering with something that I knew nothing about, and -- and I knew both of the -- Cullerton and -- and Dillard did. And I really appreciate Senator Cullerton’s work on this. I know he’s carried a lot of bills this Session. And, you know, this is a -- this is a piece of legislation that was very important to -- to my home county at Jefferson County, where this attorney came in and said he would take this base pro bono and then once he found out we had this litigation fund, really went wild with -- with filing bills and -- and just really taking money out of this fund that -- that other people might need in 97 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 the future. And so, Senator Cullerton, my -- I really owe you a deep -- some deep gratitude for working on this and -- and getting the thing straightened up.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2082. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Yeas, none -- voting Nay, none voting Present, and the Senate concurs in House Amendment No. 1 to Senate Bill 2082. And the bill, having received the required constitutional majority, is declared passed. If everybody could turn their Calendar to page 77, we’ll be going to Secretary’s Desk, Concurrences. Senator DeLeo, on 274. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 274. Motion filed by Senator DeLeo.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo, to explain your motion. SENATOR DeLEO: Thank you very much, Madam President and Ladies and Gentlemen of the Senate. Madam President, did I tell you how nice you look today?
PRESIDING OFFICER: (SENATOR HALVORSON) Yes, you did. Thank you. SENATOR DeLEO: All right. I didn’t know if you heard me earlier.
PRESIDING OFFICER: (SENATOR HALVORSON) If it gets much later, I won’t. So, thank you for the compliment. SENATOR DeLEO: You’re -- you’re -- you’re welcome. I would just like to remind the Body once again, we passed this out earlier this Session with almost 50 votes. This came back with an amendment from the House and this is where it required a public employee {sic} to furnish lists to -- to the unions for collective 98 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 bargaining purposes only. The House put on a restriction that the list should be provided no more than once per payroll period. And once again, it’s permissive authority, so we will move to concur in Amendment No. 1 to Senate Bill 274, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator David Sullivan.
Thank you, Madam President. Just a point of information on this, mainly on the sponsor. This is twice now in a little while that he has properly complimented you, Madam President. And some people might think that comes from his last name. I just wanted to make sure the Body is clear that obviously comes from his Irish mother.
PRESIDING OFFICER: (SENATOR HALVORSON) Irish, Italian, I don’t think it matters. Is there any further discussion? Seeing none, this is final action and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 274. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present, and the Senate concurs in House Amendment No. 1 to Senate Bill 274. And the bill, having received the required constitutional majority, is declared passed. Senator John Jones, for what purpose do you rise?
Thank you, Madam President. I guess it -- it runs in the Jones’ or something, and maybe I stumbled a little bit, but I didn’t get to my button in time. I would like to be recorded as an Aye on Senate Bill 274.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator John Jones, we will have the record reflect that you tripped on the way to your switch. Senator Raoul, for what purpose do you rise?
Madam President, I also tripped on the -- on the way to my switch from my chair and I would like to be recorded as Aye.
PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect, Senator Raoul. Thank you. On 99 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 page 78 on Senate Bill 662. Senator Trotter. Madam Secretary, read the motion.
I move to nonconcur with the House in their -- the adoption of their Amendment No. 1 to Senate Bill 662. Motion filed by Senator Trotter.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter moves to nonconcur in House Amendment No. 1 to Senate Bill 662. Senator Trotter, would you like to explain it?
Yes. Madam President, Members of the Senate. What House Amendment 1 did was change the language so that transfers occurred from General Revenue Fund instead of the Public Aid Recoveries Trust Fund, as was passed by the Senate a few months ago. What we attempted to do in -- in the original language was to adjust the payments to mental health and DD providers and those dollars were to come out of the mental health Public Aid Recoveries Trust Fund. The amendment would, again, change that formula from General Revenue funds.
PRESIDING OFFICER: (SENATOR HALVORSON) Again, Senator Trotter moves to nonconcur in the House Amendment No. 1 to Senate Bill 662. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. We’re going back to the Supplemental Calendar. Secretary’s Desk, Nonconcurrences. We have several motions to recede. Senator John Sullivan, on House Bill 601. Madam Secretary, read the motion.
I move to recede from Senate Amendment No. 1 to House Bill 601. Motion filed by Senator John Sullivan.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sullivan.
Thank you, Madam President, Ladies and Members of the Senate -- Ladies and Gentlemen of the Senate. The -- the House did not concur with Floor Amendment No. 1 to House Bill 601, which dealt with the Livestock Facilities Act, and so I’m requesting that the 100 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Motion to Recede from Senate Amendment No. 1 to House Bill 601.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sullivan moves that the Senate recede from Senate Amendment No. 1 to House Bill 601. Is there any discussion? Senator Winkel.
Thank you, Madam President. Just briefly to the bill: As we discussed in committee, I just -- I’m -- I regret that in the first place we put these two measures together that it ultimately ended up had to be split apart. If we are to support, and I think the Members ought to be aware of this, if we actually agree to this motion to recede, we need to be very careful that we’re clear that -- that there’s a significant part that’s going to be taken off this bill that has to do with livestock and reforming that Act dealing with livestock. As we said in committee, by receding we don’t in any way, at least I can tell you I don’t, and I assume most of us don’t, want to imply that we’re in any sense against that part of the bill, which -- from which we’re receding. The underlying bill, which we support, has to do with soybeans and the association. We want -- we want to continue with that. So, I will support the motion to recede, but I want to make very clear that the livestock provisions, I support those as well, and we -- be very clear that we intend to work together on that in the future. And I would hope the sponsor would address that.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, Senator Sullivan, to close.
Thank you, Madam President. And, Senator Winkel, thank you for your comments. And in -- indeed the -- the fact that the House did not concur with the amendment doesn’t mean that that issue is dead. I think it was a good bill. The timing simply wasn’t appropriate and -- because of other circumstances. We’re going to continue to work on the -- and to encourage the production of livestock in the State of Illinois. I hope to take it up in the -- in later Sessions. And as Senator Winkel mentioned, the original bill does deal with the Soybean Marketing Board. It’s a good bill, and I certainly support and ask for 101 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 your support.
PRESIDING OFFICER: (SENATOR HALVORSON) This is final action. The question is, shall the Senate recede from Senate Amendment No. 1 to House Bill 601. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there 58 Yeas, none voting Nay, none voting Present. The Senate recedes from Senate Amendment No. 1 to House Bill 601. And the bill, having received the required constitutional majority, is declared passed. Senator DeLeo, on 870. Madam Secretary, please read the motion.
I move to recede from Senate Amendment No. 3 to House Bill 870. Motion filed by Senator DeLeo.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Good evening, Madam President. Nice to see you this evening, and Ladies and Gentlemen of the Senate. I’d like to recede from Amendment No. 3. It puts House Bill back to -- to its -- what it originally was. We -- as you know, yesterday we adopted all those conveyances on separate bills. So, I’d like to recede on this amendment.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate recede from Senate Amendment No. 3 to House Bill 870. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there 59 Yeas, none voting Nay, none voting Present. And the Senate recedes from Senate Amendment No. 3 to House Bill 870. And the bill, having received the required constitutional majority, is declared passed. Senator Haine, on 1679. Madam Secretary, read the motion.
I move to recede from Senate Amendment No. 2 to House Bill 1679. Motion filed by Senator Haine. 102 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Thank you, Madam President and Ladies and Gentlemen of the Senate. The underlying bill, 1679, was a Kaskaskia/Tri-City Regional Port District Act, which would have authorized an improvement in the way they can loan money for some of their infrastructure -- improvements. The -- it was asked by public bond counsel if we could use that bill as a vehicle for a Public Funds Investment Act amendment. And that was the gist of the amendment. And the House declined to go along with it. I would like to recede from that. We’ll take it up another time in a separate bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, this is final action. And the question is, shall the Senate recede from Senate Amendment No. 2 to House Bill 1679. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there 57 Yeas, none voting Nay, 1 voting Present. And the Senate recedes from Senate Amendment No. 2 to House Bill 1679. And the bill, having received the required constitutional majority, is declared passed. WCIA-Channel 3 seeks leave to photograph and videotape. Leave is granted. The Rules Committee is going to meet immediately in the President’s Antechamber. All those on Rules Committee please… Madam Secretary, Committee Reports.
Senator Viverito, Chairman of the Committee on Rules, reports that the following Legislative Measures have been assigned: Refer to Appropriations II Committee - Floor Amendment No. 1 to Senate Bill 665.
PRESIDING OFFICER: (SENATOR HALVORSON) Back to the Supplemental Calendar. Secretary’s Desk, Resolutions. It’s Senate Resolution 61. Madam Secretary, please read the resolution.
Senate Resolution 61, offered by Senator del Valle. There’re no committee or Floor amendments reported. 103 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Senator del Valle.
Thank you, Madam President. This resolution urges NBC and Telemundo, known as Channel 44 in the Chicago area, to meet with the American Federation of Television and Radio Artists, AFTRA, to negotiate a contract for WSNS-TV Telemundo broadcast journalists. They decided, the broadcast journalists, the Spanish talent at Telemundo to join AFTRA about two years ago. The contract negotiations have -- have stalled. They’re not moving and what this resolution says is, folks, come together and try to negotiate in -- in good faith.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator del Valle moves the adoption of Senate Resolution 61. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator del Valle in the Chair.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Schoenberg, for what purpose do you rise?
Thank you, Mr. President. I rise for the purpose of announcement.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your…
The Appropriations II Committee will meet at 11 a.m. tomorrow in Room 212. That’s Appropriations II at 11 a.m. in 212. Thank you.
PRESIDING OFFICER: (SENATOR DEL VALLE) Thank you. We will now go to page 67 of the regular Calendar. Top of page 67. House Bill 399. Senator Halvorson. On the Order of 2nd Reading -- Senator Halvorson seeks leave of this Body to return House Bill 399 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 399. Madam Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 3, offered by Senator Halvorson.
PRESIDING OFFICER: (SENATOR DEL VALLE) 104 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 Senator Halvorson, to explain your amendment.
Thank you, Mr. President and Members of the Senate. Amendment No. 3 turns this bill into a two-year pilot and has about five places where the pilot will be conducted. There was disagreement whether this bill cost money or not or how much. So, we wanted to make sure that the Governor would sign the bill. We have his commitment. We have decided to make it a pilot program for three -- two years, and if this task force decides that it’s necessary, it will become statewide.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator -- Halvorson moves the adoption of Amendment No. 3 to House Bill 399. 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 DEL VALLE) 3rd Reading. Now on the Order of 3rd Reading is House Bill 399. Madam Secretary, read the bill.
House Bill 399. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Halvorson.
Thank you, Mr. President and Members of the Senate. Again, this amendment becomes the bill. And just to let you know, the facilities that will be included in the pilot will be Chester Mental Health Center, Alton Mental Health Center, Douglas, Singer, Jacksonville and McFarland.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Righter.
Thank you, Mr. President. I simply rise in support of the bill and I thank the Majority Leader for putting an amendment on the bill to remove that -- whatever controversy there may have 105 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/27/2005 been about fiscal pressures.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall House Bill 399 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 the question, there are 58 Ayes, no Nays, none voting Present. And House Bill 399, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, our intentions are to leave the Senate open for paperwork and there will be no further Floor action and we will return tomorrow at noon, Saturday, May 28th. So we will continue to move paperwork, but our work on the Floor is completed for this evening. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?
There have been no objections filed, Mr. President.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the resolutions are adopted. Madam Secretary, Resolutions.
Senate Resolution 253, offered by Senator Wilhelmi. It is substantive.
PRESIDING OFFICER: (SENATOR DEL VALLE) There being no further business to come before the Senate, the Senate stands adjourned until the hour of noon, on Saturday, May 28th. The Senate stands adjourned. 106