PRESIDING OFFICER: (SENATOR HALVORSON) The regular Session of the 94th General Assembly will please come to order. Will the Members please be at their desks? And our guests in the galleries please rise. The invocation today will be given by Reverend Brandon Boyd, Loami Christian Church.
(Prayer by the Reverend Brandon Boyd)
PRESIDING OFFICER: (SENATOR HALVORSON) Please remain standing for the Pledge. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of October 19, 2005.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.
Madam President, I move that the Journal just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter moves the Journals just read by the Secretary. There being no objection, so ordered. Senator Hunter.
Madam President, I also move to postpone the reading and approval of the Journal of October 25th, 2005, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR HALVORSON) 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, Introduction of Bills.
Senate Bill 2139, offered by Senator Hunter. (Secretary reads title of bill) Senate Bill 2140, offered by Senator Sandoval. (Secretary reads title of bill) Senate Bill 2141, offered by Senator Righter. 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 (Secretary reads title of bill) Senate Bill 2142, offered by Senator Roskam. (Secretary reads title of bill) Senate Bill 2143, offered by Senator Althoff. (Secretary reads title of bill) Senate Bill 2144, offered by Senator Jacobs. (Secretary reads title of bill) And Senate Bill 2145, offered by Senator Haine. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR HALVORSON) We will be going to the business of the Calendar. So, if you’re not on the Floor, please come to the Floor at this time. And, Senator Althoff, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
Thank you, Madam President, Ladies and Gentlemen of the Senate. I would just like to take this opportunity to introduce my Page for today, Jeremy Shelton. He is a student at Northern Illinois University, will graduate soon. Recently is -- moved to Springfield and will be attending University of Illinois in Springfield. Jeremy Shelton.
PRESIDING OFFICER: (SENATOR HALVORSON) Welcome to Springfield, Jeremy. Senator Peterson, for what purpose do you rise?
Personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
I’d like to introduce Pages for the Day, Allison Hill and Jessica Hill. They’re constituents of Senator Jones, but they’re good family friends and fellow churchgoers in my district and they’re here for the day and like to introduce the young ladies, Alice {sic} and Jessica.
PRESIDING OFFICER: (SENATOR HALVORSON) 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Welcome to Springfield, Alice {sic} and Jessica. Madam Secretary, Resolutions.
Senate Resolution 490, offered by Senator Haine and all Members. It is a death resolution.
PRESIDING OFFICER: (SENATOR HALVORSON) Resolution Consent Calendar.
And Senate Joint Resolution 53, offered by Senator John Jones. It is substantive.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, are there any motions on file?
I have a motion with respect to House Bill 57. Filed by Senator Millner.
PRESIDING OFFICER: (SENATOR HALVORSON) That will be reflected on tomorrow’s Calendar. Ladies and Gentlemen, if you can open your Calendar to page 3, we will be going to House Bills 2nd Reading. Senator Raoul, on House Bill 466. House Bill 466. Out of the record. Senator Haine, 692. Back to House Bill 466. Senator Raoul. Madam Secretary, please read the bill.
House Bill 466. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Haine, on 692.
Thank you, Madam President, and Ladies and Gentlemen of the Senate. This…
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine, excuse me. We’re just moving it to 2nd -- or to 3rd. Do you wish to move the bill? Madam Secretary, please read the bill.
3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Senate -- House Bill 692. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Sullivan, on 708. Madam Secretary, please read the bill.
House Bill 708. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator John Sullivan.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sullivan.
Thank you, Madam President. The amendment becomes the bill. The bill makes an exemption for relief from hours of service regulations for the transportation of Ag inputs and commodities.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Righter.
Thank you, Madam President. I simply couldn’t hear the Senator’s explanation of the amendment. I wonder if he could be kind enough to repeat it, please.
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator. If everybody could please be quiet so that we can hear the explanation of the amendment. Senator Sullivan, on the amendment.
Thank you. The -- the amendment becomes the bill. The bill makes an exemption for relief from hours of service regulations for the transportation of Ag inputs and commodities. Congress provided this relief in the highway bill signed in August. Unless the Illinois Vehicle Code is updated to incorporate this language, Illinois-based companies and farmers that transport Ag 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 commodities are put at a competitive disadvantage.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Sullivan moves the adoption of Amendment No. 1 to House Bill 708. All those in favor, will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any other Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Link, on 1088. Madam Secretary, read the bill.
House Bill 1088. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Garrett, on 1142. Madam Secretary, read the bill.
House Bill 1142. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator DeLeo, on 1368. Senator DeLeo, on House Bill 1368. With leave of the Body, we’ll return to House Bill 1716. Senator Forby, on 1731. Madam Secretary, read the bill.
House Bill 1731. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Ronen, on 2133. Madam Secretary, read the bill.
5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 House Bill 2133. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Top of page 4. Senator Link, on 2459. Senator Link. Senator Link, on House Bill 2459. Madam Secretary, read the bill.
House Bill 2459. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Raoul, on 2612. Madam Secretary, read the bill.
House Bill 2612. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Harmon, on 2706. Madam Secretary, read the bill.
House Bill 2706. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Committee Amendments 1 and 2.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, have there been any Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator DeLeo, on House Bill 2900. Senator DeLeo. Senator Sandoval, on 2943. Madam Secretary, read the bill.
6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 House Bill 2943. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Dillard, on 3158. Senator Dillard. All right. Madam Secretary, read the bill.
House Bill 3158. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Viverito, on 3478. Senator Viverito, 3478. Madam Secretary, read the bill.
House Bill 3478. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator John Sullivan, on 3814. Madam Secretary, read the bill.
House Bill 3418 {sic} (3814). (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Sandoval, on 3871. Senator Demuzio, on 4025. Senator Demuzio, 4025. Madam Secretary, read the bill.
House Bill 4025. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. We will now be proceeding to page 10, Motions in Writing. Senator Lightford, on Senate Bill 272. Senator 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Lightford, 272. Senator Sandoval, on Senate Bill 288. Madam Secretary, please read the motion.
I move that Senate Bill 288 do pass, notwithstanding the veto of the Governor. Motion filed by Senator Sandoval.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval to explain. Excuse me, Senator Sandoval. If everybody could please keep it down, so we can hear Senator Sandoval explain his motion. Senator Sandoval.
Thank you, Madam President, Members of the Senate. During the 2005 spring Session of the -- thank you, Madam President. During the 2005 spring Session of the Illinois General Assembly, Senate Bill 288 passed out of both Chambers with strong bipartisan support. Unfortunately, the Governor vetoed this legislation, stating that he was concerned that this legislation would take away the protection of the civil service for this position. This is not the case. Senate Bill 288 merely changes the exam method under which the position enters the civil service. The District, the Water Reclamation District, has over two thousand budgeted positions that belong to the classified civil service program. Classified civil services are filled by candidates who have successfully passed written or oral exams to determine their eligibility for appointment. Labor is in a select number of second-in-command type positions. There are twenty-three today. While part of the classified services are not required to take these formal written service exams, candidates for these positions are instead appointed by the General Superintendent at the recommendation of the department head and serve probationary periods of generally one or more years as substitute for exams. This legislation would add the title of assistant director of personnel to that select list. In summary, this -- this -- this Senate Bill 288 continues to include just one last position, or second-in-command position, for already that twenty-three that already exist today at the Metropolitan Water Reclamation District. I ask the Members of this Senate to help me override the -- the Governor’s veto.
PRESIDING OFFICER: (SENATOR HALVORSON) 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Senator Sandoval moves that Senate Bill 288 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Senator Wendell Jones.
Thank you, Madam Chairman and Members of the Body. I rise in support of this. The Local Government Committee passed it unanimously, and we agree with our colleague from Cicero that this would be a good idea. So, I recommend a Yes vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, Senator Sandoval, do you wish to close? The question is, shall the Senate pass Senate Bill 288, notwithstanding the total veto of the Governor. 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 54 Yeas, 2 voting Nay, none voting Present, and Senate Bill 288, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Link, on 847. Madam Secretary, please read the motion.
I move that Senate Bill 847 do pass, notwithstanding the veto of the Governor. Motion filed by Senator Link.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link, to explain.
Thank you, Madam President. This is a basic amendment for the library districts, and what it would do is provide an advisory question for public policy concerning disconnection of municipalities or townships from public library districts. It passed out of this Chamber 53 to nothing. I think it was just a basic oversight why it was vetoed and I would ask for your consideration to override this veto.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link moves that Senate Bill 847 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Senator Righter.
9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator Link, I noticed your characterization of the Governor’s veto as a simple misunderstanding, and I’m looking at his veto message and there’s a full two paragraphs of misunderstanding. And I wonder if you could help me, and maybe some of the other Members on this side of the aisle, be clear on exactly what part in here you would look at and say, “Well, the Governor got this wrong or there’s a misunderstanding of what this bill would actually allow for.”
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Thank you, Senator Righter, for the comments. Basically what we did is we explained this to the -- to the Governor’s staff, explaining to them that -- I think that they felt in their explanation that this would be a cost factor to the municipalities or the incumbent library districts if there was to disconnect. We showed that there would not be, that this basically would be a front-door referendum type. Everything would be explained, that there would not be the cost factors. We showed this. The library districts are in favor of this bill as it is, and I know of no opposition other than one person. So, I mean, the point is, is that we answered every one of these questions, I felt, in the bill, and that’s why I felt that it was misinterpreted by the staff person and that’s why I think we should override this veto.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Thank you, Madam President. Having read the Governor’s veto message, I’m under the understanding that the Governor is concerned that this could lead to a tax increase. The question I have for you is, do you agree with his sentiment or do you believe that he’s wrong in believe -- being out of concern that this could lead to a tax increase?
PRESIDING OFFICER: (SENATOR HALVORSON) 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Senator Link.
Absolutely disagree. But the fact is that if anything is done, it would be a front-door referendum, well explained. But I do not believe that this would be any tax increase or the library districts in a whole would not be in favor of it.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, Senator Link, do you wish to close?
…for an affirmative vote.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall the Senate pass Senate Bill 847, notwithstanding the total veto of the Governor. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, 2 voting Nay, none voting Present, and Senate Bill 847, having received the required three-fifths majority, is declared passed. Senator Harmon, on 1294. Madam Secretary, please read the motion.
I move that Senate Bill 1294 do pass, notwithstanding the veto of the Governor.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, to explain.
Thank you, Madam President. As you may recall, Senate Bill 1294 was a result of Municipal Code changes in the City of Chicago and Schaumburg when they mandated that old office buildings be retrofitted with sprinklers. Senate Bill 1294 permits the creation of a special service area into which the building owners would opt, wholly of their own volition, and permit, essentially ask, for a new tax to be imposed on their building for the purpose of financing the retrofitting of these - - these municipally mandated improvements. It offers lower cost financing to the building owners. Notwithstanding the Governor’s veto message, I do not expect additional cost to be passed through to the tenants. Traditional commercial leases already 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 pass through the costs. By permitting the lower cost public financing, we will reduce the cost to the tenants. The bill passed through the Senate without opposition. I am not aware of any opposition to the motion to override the veto and I do not believe the Governor is expending any efforts in seeking to sustain his veto. So I ask for your Aye votes on the motion to override.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Lauzen.
Thank you, Madam President. I’d just like to congratulate the sponsor of the legislation. I -- it did pass 56 to nothing. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, do you wish to close? The question is, shall the Senate pass Senate Bill 1294, notwithstanding the total veto of the Governor. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present, and Senate Bill 1294, having received the required -- required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator -- Senator Cullerton, on Senate Bill 1915. Charles Osgood with the Chicago Tribune would like leave to photograph the proceedings. Is leave granted? Leave is granted. Senator Lightford, on 2087. Madam Secretary, please read the motion.
I move that Senate Bill 2087 do pass, notwithstanding the veto of the Governor. Motion filed by Senator Lightford.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford, to explain.
Thank you, Madam President. Senate Bill 2087 authorizes the Addison Creek Restoration Commission to accept loans and advances and to levy taxes and to borrow money and issue bonds. Basically, this is in a floodplains area and many of my communities that I represent and some that you represent are 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 being devastated by floodplains. Their insurance premiums are skyrocketing, and this is just an effort to allow them to issue bonds, the communities, so that they can better protect themselves. There is much support for this legislation. It is an open-door referendum. The voters have to vote for this concept in order for it to take place and I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Harmon.
Thank you, Madam President. I rise in support of the Senator’s motion. Addison Creek starts in my district and then runs through Senator Lightford‘s district. I can report that the communities in my district, as well, are a part of the Commission and support -- support the work of the Commission and would support this override motion. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Wendell Jones.
Thank you, Madam Chairman. This, too, came through the Local Government Committee unanimously, and we would recommend its -- it be overridden as well.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford, do you wish to close?
Thank you, Madam President. This is very important and I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall the Senate pass Senate Bill 2087, notwithstanding the total veto of the Governor. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present, and Senate Bill 2087, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senate Bill 2104. Senator Sieben. Out of the record. With leave of the Body, we will be returning to the top of page 10, to Senate Bill -- 272. Senator Lightford, on Senate Bill 272. Madam Secretary, 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 please read the motion.
I move that Senate Bill 272 do pass, notwithstanding the veto of the Governor. Motion filed by Senator Lightford.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford, to explain.
Thank you, Madam President. Senate Bill 272 resets the maximum rates of the -- it sets the maximum rates of the non-home rule communities. Allows them to increase their current rates. They’re currently at a half a percent, not to exceed one percent. This is legislation that, I believe, is very important to the economic growth of many communities. We do not have the ability here on State level to assist these communities. They’re seeking the opportunity to take this effort to open-door referendum. All the mayors are in support of this because it would allow them the opportunity to present a measure to the community that they can vote on to help advance their communities. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford moves that Senate Bill 272 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Senator Lauzen.
Thank you, Madam President. Question for the sponsor and then just to the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.
Senator, can you -- can you tell us how many No votes there were in the initial consideration of this bill?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.
Thank you. I can. There were originally 20 No votes.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lauzen.
14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Thank you. To the bill, the reason that there’s been controversy on this bill is that -- I -- I give three reasons to suggest a No vote. First of all, of the forty municipalities that impose a sales tax under this statute that’s going to be adjusted to include more, all but one are at the current maximum rate. So when we give this authority, the taxes go up in all but one of forty circumstances. Number two, I believe that it hurts the consumers of the State in these areas. Even though this tax does not apply to food and drugs, it does apply to everything else. It’s another example of death by a thousand cuts, nickel- and-diming our constituents to death. The third and final reason why I think that this should be a No vote is that it hurts local retailers. Our mom-and-pop stores are already facing increased competition from Internet sales and this creates a competitive disadvantage with neighboring communities with the lowers -- lower rates. For those three reasons, I suggest that you vote No.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Harmon.
Thank you, Madam President. I rise in support of the Senator’s motion. This came through the Senate Revenue Committee and it is also an initiative of the West Central Municipal Conference, which Senator Lightford and I have the privileged to share representation. I understand Senator Lauzen’s points, but I -- I -- I have to remind everyone in the Chamber that this is a tax increase by referendum, and by referendum only. Even those of us who are reluctant to pass tax increase legislation should be able to give local control to our municipalities and to our -- our voters to make some of these decisions for themselves. This is carefully crafted in order to ratify the will of the voters. If the voters don’t want the higher sales tax, they will not get it. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Wendell Jones.
Thank you, Madam Chairman, Members of the Senate. I voted against this bill in committee and I voted against it on the Floor, but I’m going to vote Yes because I think that the 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Governor is demagoguing this issue. He’s telling everybody it’s an increase in taxes. It’s not an increase in taxes unless, as Senator Harmon said, the people vote to increase their taxes. I think it’s time that we stand up and let the local communities have their way with this and let them decide whether or not they’re going to raise the taxes. It’s a front-door referendum and I’m going to change my vote to Yes.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Thank you, Madam President. I just wanted to comment after I saw Senator Lauzen stand up and support Governor Blagojevich. I thought it was quite ironic and certainly a historic day to have the Governor be supported by such a conservative and -- and normally a critic of the Governor, Senator Lauzen. And I certainly hope the Governor uses it in his campaign for re- election against some conservative Republicans. Even though I disagree with the Governor, I think it would be good to -- for the Governor to use that in certain parts of the State to show that even Senator Lauzen agrees that Governor Blagojevich is prudent even though he’s wrong on this case. And I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.
Thank you, Madam President. On behalf of the newly formed Local Government Caucus, I, too, rise in support of this legislation. I concur with Senators Harmon, Senator Jones and Senator Lightford. It’s time we allow local governments to have control and to be able to provide the services their constituency so desperately needs. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Michael Jacobs.
Thank you, Mr. {sic} President. A question of the sponsor?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.
Senator, does -- does this bill raise taxes? 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.
Right. Only -- only by permission of the voters. What this bill actually does is allow non-home rule communities to advance to the same level of home rule communities. Home rule communities are currently at one percent; non-home rule are at a half a percent. So, the referendum would allow each community to advance only in a quarter increment, not to exceed one percent. And I actually have a notice here from a mayor way down in your neighborhood, around Effingham, saying that they really need this legislation. So this isn’t something just for Cook County. This isn’t just something for the Chicago area. This is something that non-home rule communities across the State is wanting.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.
So at the end of the day, Senator, the voters have a decision to make, if they want to raise the tax in their own community or not?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.
Yes.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.
I will support your motion.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cronin.
Yes, thank you, Madam President. I add my voice to the chorus of those who are registering their support for this and I echo some of the remarks of my colleagues. I think mostly this is an issue of -- of those who believe in local control. You know, we know the Governor has this position, anything that remotely approaches the word “tax”, even if it is a decision that’s handed over to a local -- locally elected body, he’s going to run away from it. And this is a responsible piece of 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 legislation. It gives local government the opportunity to put the question before the voters, and if it’s the right thing to do, let them decide. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno. Senator Radogno.
Thank you, Madam President. I just want to address the aspect of this bill with -- that is the front-door referendum. I know that gives people a lot of comfort about raising taxes, and normally when you’re dealing with a property tax, yes, the people that are voting on the tax are the ones paying the tax. That is not the case in this situation. Because it’s a sales tax, people in one community are voting to impose that tax on people from outside of the community that will be paying it. So in this instance, I don’t think we can take cover under the notion that it’s a front-door referendum.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Lightford, to close.
Thank you, Madam President. I’d like to thank all my colleagues who rise to discuss this legislation at great extent, because it is important that we do take a look at this measure. Although I’d like to just first address Senator Radogno since she was the last speaker, in that the community in where you live is most important. If outside communities decide they want to come within your community and make a purchase, then that’s their choice. Senator Lauzen, there was twenty No votes, but there was thirty-five Yes votes the first time. And since Wendell Jones has changed his, now that becomes thirty-six. But I just wanted to bring up the point that there is more proponents for this legislation than any opponents at all. All of the proponents are in agreeance with this because this is something that is desperately needed. Again, I can’t say it enough: We have not, as a Legislative Body, sent State support to these communities. They’re trying to create a way to advance their communities, to create economic birth and to assist with how their person live, and we all come from local communities. We all have a home in which we represent and this in some way can help the community 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 that you reside in. It’s amazing that the Illinois Tax Federation of Illinois, they’re not even opposed to this legislation. There is no opponents. And in closing, I just want to mention that the Firefighters Association, the Fraternal Order of Police, the Firefighters Association of Illinois, the Illinois Municipal Leagues, Metropolitan Mayors, West Central Municipal Conference, the DuPage Mayors, Lake County Municipal League, all across the State of Illinois they’re all supporters of this legislation. I think you will be taking a -- a good vote today for good government. Please vote Aye.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall the Senate pass Senate Bill 272, notwithstanding the total veto of the Governor. 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 39 Yeas, 18 Nays, none voting Present, and Senate Bill 272, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on page 10. Motions in Writing, Override Specific Recommendations. We have Senator Clayborne, on Senate Bill 357. Do you wish to proceed, Senator Clayborne? Madam Secretary, read the motion.
I move that Senate Bill 357 do pass, notwithstanding the specific recommendations of the Governor. Motion filed by Senator Clayborne.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne, to explain.
Thank you, Madam President. Basically, by agreement, we’ve extended quick-take for the SWIDA, Southwestern Illinois Development Authority, in increments of two years. And that’s basically to make sure that they’re not abusing quick-take and they’re using it for its actual purpose. And again, their quick- take has expired and we’re going to just extend it for another two years. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne moves that Senate Bill 357 do pass, notwithstanding the specific recommendations of the Governor. Is 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 there any discussion? Senator Watson.
Yes. Thank you very much, Madam President. I -- I rise in support of Senator Clayborne. This was an issue that I used to carry when -- a different time here in the Senate. I carried this issue and this is an important issue for southwestern Illinois and economic development that takes place there and we - - as we and as many of you are experiencing a very difficult time to attract industry and jobs, and this is an important piece of - - of our ability to -- to do that and to make jobs available to the people we represent. So I rise in support of the Senator’s motion.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, Senator Clayborne, do you wish to close?
I -- I just ask for your favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall the Senate pass Senate Bill 357, notwithstanding the specific recommendations of the Governor. 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 44 Yeas, 10 voting Nay, none voting Present, and Senate Bill 357, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Trotter, on Senate Bill 1509. Senator Trotter, 1509. Senator Radogno, on 1654. Madam Secretary, please read the motion.
I move that Senate Bill 1654 do pass, the specific recommendations of the Governor to the contrary notwithstanding. Motion filed by Senator Radogno.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno, to explain.
Thank you, Madam President. This bill amended the State Prompt Payment Act, and what it did is require that agencies submit their bills to the Comptroller in a timely fashion. That 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 gives us a better picture of the bills that are due by the State so that we can plan better. The amendatory veto actually was outside the scope of the original bill. It changed the interest rate, so we believe it is not constitutional. The underlying bill passed unanimously in both Chambers, so I would ask for you to override it.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Radogno, do you need to close? Senator -- the question is, shall Senate Bill 1654 pass. Those in favor -- notwithstanding the specific recommendations of the Governor. 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 54 Yeas, none voting Nay, none voting Present, and Senate Bill 1654, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Millner, for what purpose do you rise?
A point of personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
There was some problem; my intent was to vote Yes on that last bill.
PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect your Yes -- Yes vote.
Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) We will now be proceeding to Secretary’s Desk, Resolutions, on page 7. Senator Collins, on House Joint Resolution 31. Madam Secretary, please read the resolution.
House Joint Resolution 31, offered by Senator Collins. The Committee on State Government adopted Committee Amendment No. 1. There are no -- no Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins. 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005
Thank you, Madam Chairman and Members of the Senate. Basically, House Joint Resolution 31 replicates Senate Bill -- I mean, Senate Joint Resolution -- Senate Joint Resolution 20 which passed out of the Chamber, was adopted unanimously. And what the amended HJR 31 does is just change the effective date and I can sort of go over what the initial resolution did. Basically it creates a ten-member Joint Task Force on Grandparents Raising their Grandchildren that will conduct public hearings Statewide regarding services needed by and available to grandparents who are raising their grandchildren. As you might be aware of, many grandparents take custody and -- of -- custody of and raise their grandchildren after a harmful incident has been suffered by the grandchildren that causes DCFS to designate them as “at risk”. But grandparents that take custody prior to a harmful incident are ineligible for foster care funding and assistance from DCFS. I ask for your support on -- for this resolution basically because we want to protect and ensure that our grandparents don’t deplete their savings and retirement income without assistance from the State. So this is just to do a study and I just ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Collins moves the adoption of House Joint Resolution 31. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Jacobs, on House Joint Resolution 34. Madam Secretary, please read the resolution.
House Joint Resolution 34, offered by Senator Jacobs. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.
Thank you, Madam Chairman. This is a simple change. It designates a portion of Illinois Route 92 in the City of Rock Island, and extending from 46th Street and Andalusia Road and it’ll simply be renamed the Rock Island Parkway. The City of Rock Island is in support. I ask for your favorable consideration on this matter. 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Jacobs moves the adoption of -- House Joint Resolution 34. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator -- Ladies and Gentlemen, it is the opinion of the Chair that House Joint Resolution 34 will require expenditure of State funds, so therefore a roll call should have been taken. So at this time, we will ask for a roll call on House Joint Resolution 34. Those in favor of House Joint Resolution 34 will vote Aye. And opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present, and House Joint Resolution 34 is adopted. Senator Demuzio, on House Joint Resolution 42. Madam Secretary, read the motion -- the resolution.
House Joint Resolution 42, offered by Senators Demuzio, Emil Jones and Watson. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.
Yes. Thank you, Madam President and Members of the Senate. House Joint Resolution 42 requires us to change a portion of Interstate 72 lying between Springfield and Decatur and name that portion of that highway the Penny Severns Memorial Expressway. As many of you know, Penny Severns served as a Senator here in our State Senate. She contributed significantly to public service and she started her public service career in 1972, serving as the youngest delegate to the National -- Democratic National Convention. In ‘77 Penny served as a representative of the International Development Agency in the negotiations of the Camp David Peace Accords. And while as a resident associate at the Smithsonian Institution, Penny helped preserve the Frank Lloyd Wright’s Dana-Thomas House in Springfield, Illinois. After Washington, D.C., Penny was elected to the Senate in the 51st District of Illinois. And during her final months of her life, spent -- Penny spent her time not only fighting cancer, but 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 fighting for the people of Illinois as a candidate for Secretary of State. Penny Severns is also remembered through the Penny Severns Summer Family Literacy Program and the Penny Severns Breast and Cervical Cancer Research Fund. And a copy of this resolution we would like to have presented to the Secretary of State, U.S. Department of Transportation, the Secretary of -- of the Illinois Department of Transportation, and the family of Senator Penny Severns. I find this a most appropriate designation as October is Breast Cancer Awareness month and I feel that this is very appropriate that we, as Members of the Illinois Senate, name the portion of the Interstate 72 between Springfield and Decatur, the Penny Severns Memorial Expressway. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Watson.
Yes. I’d like to just comment about Penny Severns also, since I now represent Decatur. And I appreciate very much Senator Demuzio doing this because -- I happened to be at a fundraiser for the Speaker of the House, Mike Madigan, and former Senator Bob McCarthy was there and he mentioned Vince, by the way, Deanna, and -- and -- and talked at length about their friendship. But, anyway, he -- he talked about Penny Severns with me and -- and how I served with her and how passionate she was about the City of Decatur and the issues that were important to her. So, I think this is very fitting that the highway going right to Decatur is going to be named in -- in her behalf. So, I -- I applaud all the sponsors in regard to the issue. So, thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, it’s the opinion of the Chair that this resolution will require expenditure of State funds and, therefore, a roll call must be taken. So those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present, and House Joint Resolution 42 is adopted. Senator Garrett, on House Joint Resolution 43. Senator Lightford, on 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 House Joint Resolution 54. Madam Secretary, read the resolution. House Joint Resolution 54.
House Joint Resolution 54, offered by Senator Lightford. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford, to explain your resolution.
Thank you, Madam President. House Joint Resolution 54 creates the Task Force on Dropouts. I’m -- I’m sure many of you notice that our increase in our high school dropout rate has been astounding over the past couple of years. And this task force will be required to issue as recommendation regarding ways to meet the challenge of re-enrolling dropouts. And upon issuing this report, the task force will be then dissolved. Senator Miguel del Valle has worked on the issue of dropout rate for the past couple of years in -- in our Education Committee and I joined him in that effort. And I hope that this is something that we can all look to consider supporting, because one thing we found out is that once the kids are considered dropouts, there’s no re-entry effort to get them back into high school, and that is so important that we graduate all of our high school students.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, it is the opinion of the Chair that this resolution requires the expenditure of State funds, so therefore a roll call must be taken. Those in favor of -- House Joint Resolution 54 will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay -- 57 Yeas, none voting Nay, none voting Present, and House Joint Resolution 54 is adopted. Senator Bomke, on Senate Joint Resolution 49. Madam Secretary, read the resolution.
Senate Joint Resolution 49, offered by Senator Bomke. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Bomke.
25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Joint Resolution 49 would create a task force to study the feasibility of establishing a law school in Springfield.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the opinion of the Chair is that this resolution would require State expenditures, so therefore a roll call must be taken. Those in favor of Senate Joint Resolution 49 will vote Aye. Or 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 Senate Joint Resolution 49 is adopted. Senator Lightford, on Senate Joint Resolution 52. Out of the record. On the top of page 8, we have Senate Resolution 253. Senator Wilhelmi. Madam Secretary, read the resolution.
Senate Resolution 253, offered by Senator Wilhelmi. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Wilhelmi.
Thank you, Madam President. This resolution was brought to me by Alonzo Stewart from Romeoville. He’s a community leader who launched Parent Appreciation Day in Romeoville. His intent was to encourage the community, especially our youth, to create an event that will foster appreciation for our parents and our caregivers. His efforts resulted in receiving a Governor’s Home Town Award which he is very proud of, and he was here in Springfield yesterday. Very proud of that event. I think recognizing a Parent Appreciation Day across this great State will encourage our youth not only to give back to the community, but to thank their parents and caregivers who have made a great difference in their lives, and I appreciate your support.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Wilhelmi moves the adoption of Senate Resolution 253. All those in favor will say Aye. Opposed, Nay. The Ayes have it and the resolution is adopted. Senator Link, on Senate Resolution 258. Madam 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Secretary, read the resolution.
Senate Resolution 258, offered by Senator Link. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.
Thank you, Madam President. Senate Resolution 258 encourages all Illinois citizens to accept the challenge of improving their community and to making Illinois a great place to live by volunteering. After 9/11 a lot of volunteering was strongly expressed, the people united together to give more time towards volunteering, and we’re just hoping that they would continue to do this.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Link moves the adoption of Senate Resolution 258. All those in favor will say Aye. Opposed, Nay. The Ayes have it and the resolution is adopted. Senator Sandoval, on Senate Resolution 264. With leave of the Body, we will be returning to page 7, on House Joint Resolution 31. We did not take a roll call and it is of the opinion of the Chair that State expenditures will be used. So we must return to House Joint Resolution 31 to take a roll call vote. So, 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 54 Yeas, none voting Nay, none voting Present. And House Joint Resolution 31 is adopted. House Joint Resolution 43. Senator Garrett. Madam Secretary, please read the resolution.
House Joint Resolution 43, offered by Senator Garrett. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.
Thank you, Madam President. House Joint Resolution 43 creates a Joint Task Force on Deaf and Hard of Hearing Education Options. Basically what we want to do is to make sure that this 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 task force is able to review the education and services currently available and that across the State we ensure that whatever services are in place, that they’re consistent and there’s not a large variation from one school to another - one district to another.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, it is the opinion of the Chair that this resolution requires the expenditures of State funds and, therefore, a roll call will be necessary. Those in favor of -- House Joint Resolution 43 will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present, and House Joint Resolution 43 is adopted. To fulfill our responsibilities under Article V, Section 9 of the Constitution, we will now proceed to the Order of Advice and Consent. Senator Hendon.
Thank you, Madam President. I move that the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in the Messages from the Governor dated April 21st, and May 5th, May 10th, May 16th and 31st, 2005, together with those set forth in the Message from the Secretary of State dated August 2nd, 2005, and the Messages from the Comptroller dated October 11th, 2005.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon moves that the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in the Messages from the Governor dated April 21st, May 5th, 10th, 16th and 31st, 2005, together with those set forth in the Message from the Secretary of State dated August 2nd, 2005, and the Messages from the Comptroller dated October 11th, 2005. Madam Secretary, Committee Reports.
Senators Hendon and Geo-Karis, Co-Chairmen of the Committee on Executive Appointments, to which was referred the Governor’s Message of April 21, 2005, reported the same back with the recommendation that the Senate do advise and consent to the following appointments. 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Thank you, Madam President. With respect to the Governor’s Message of April 21st, 2005, I will read the salaried appointments of which the Committee on Executive Appointments recommend that the Senate do advise and consent: To be members of the State Board of Elections, for terms commencing July 1st, 2005, and ending June 30th, 2009: Patrick Brady, Albert Porter, Wanda Rednour, and Robert Walters. Madam President, having read the salaried appointments from the Governor’s Message of April 21st, 2005, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of April 21st. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.
Senators Hendon and Geo-Karis, Co-Chairmen of the Committee on Executive Appointments, to which was referred the Governor’s Message of May 10, 2005, reported the same back with the recommendation that the Senate do advise and consent to the following appointment.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Madam President, with respect to the Governor’s Message of May 10th, 2005, I will read the salaried appointments of which the Committee on Executive Appointments recommend that the Senate do advise and consent: To be members of the State Mining Board for terms commencing April 22nd, 2005, and ending January 15th, 2007: Jerry Cross, 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Kenneth Fritzche, Donald Orso, Donald Stewart, George Teegarden, and David Webb. To be Inspector General of the Department of Pubic Aid for a term commencing May -- May 2nd, 2005, and ending January 19th, 2009: John Allen. Madam President, having read the salaried appointments from the Governor’s Message of May 10th, 2005, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of May 10th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.
Senators Hendon and Geo-Karis, Co-Chairmen of the Committee on Executive Appointments, to which was referred the Governor’s Message of May 31, 2005, reported the same back with the recommendation that the Senate do advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Madam President, with respect to the Governor’s Message of May 31st, 2005, I will read the salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be members of the Pollution Control Board for terms commencing May 13th, 2005, and ending July 1st, 2008: Tanner Girard and Nicholas Melas. Madam President, having read the salaried appointments from the Governor’s Message of May 31st, 2005, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules? 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of May 31st. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.
Senators Hendon and Geo-Karis, Co-Chairmen of the Committee on Executive Appointments, to which was referred the -- the Secretary of State’s Message of August 2, 2005, reported the same back with the recommendation that the -- the Senate do advise and consent to the following appointment.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Madam President, with respect to the Secretary of State’s Message of August 2nd, 2005, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be Inspector General in the Office of the Executive Inspector General for a term commencing August 2nd, 2005, and ending December 31st, 2007: Nathan Maddox. Madam President, having read the salaried appointment from the Secretary of State’s Message of August 2nd, 2005, I -- I now seek leave to consider the appointment on a roll call. Madam President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Secretary of State’s Message of August 2nd. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 consent to the appointments just read. Madam Secretary, Committee Reports.
Senators Hendon and Geo-Karis, Co-Chairmen of the Committee on Executive Appointments, to which was referred the Governor’s {sic} (Comptroller’s) Message of May 5 {sic} (October 11), 2005, reported the same back with the recommendation that the Senate do advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Madam President, with respect to the Comptroller’s Message of October 11th, 2005, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be Director of the Department of Human Resources for the Office of the Comptroller for a term commencing October 11th, 2005: Judith -- McAnarney. Madam President, having read the salaried appointment from the Comptroller’s Message of October 11th, 2005, I now seek leave to consider the appointment on a roll call. Madam President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Comptroller’s Message of October 11th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.
Senators Hendon and Geo-Karis, Co-Chairmen of the Committee on Executive Appointments, to which was referred the Governor’s Message of May 5, 2005, reported the same back with the recommendation that the Senate do advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR HALVORSON) 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Senator Hendon.
Madam President, with respect to the Governor’s Message of May 5th, 2005, I will read the non-salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Community College Board for a term commencing April 19th, 2005, and ending June 30th, 2009: John Aurand. To be a member of the Community College Board for a term commencing April 19th, 2005, and ending June 30th, 2011: John Donahue. Madam President, having read the non-salaried appointments from the Governor’s Message of May 5th, 2005, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of May 5th, 2005. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.
Senators Hendon and Geo-Karis, Co-Chairmen of the Committee on Executive Appointments, to which was referred the Governor’s Message of May 10, 2005, reported the same back with the recommendation that the Senate do advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Madam President, with respect to the Governor’s Message of May 10, 2005, I will read the non-salaried appointments of which the Committee on Executive Appointments recommend that the Senate do advise and consent: 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 To be a member of the Eastern Illinois University Board of Trustees for a term commencing April 28th, 2005, and ending January 17th, 2011: Robert Webb. To be a member of the Northeastern Illinois University Board of Trustees for a term commencing April 28th, 2005, and ending January 21st, -- 2011: Margaret Laurino. To be a member of the Western Illinois University Board of Trustees for a term commencing April 28th {sic} (29th), 2005, and ending January 17th, 2011: William Epperly. Madam President, having read the non-salaried appointments from the Governor’s Message of May 10th, 2005, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of May 10th, 2005. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.
Senators Hendon and Geo-Karis, Co-Chairmen of the Committee on Executive Appointments, to which was referred the Governor’s Message of May 16, 2005, reported the same back with the recommendation that the Senate advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Madam President, with respect to the Governor’s Message of May 16th, 2005, I will read the non-salaried appointments of which the Committee on Executive Appointments recommend that the Senate do advise and consent: To be a member of the State Board of Investment for a term commencing May 6th, 2005, and ending January 21st, 2008: Guy Alongi. 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 To be members of the Northern Illinois University Board of Trustees for a term commencing May 6, 2005, and ending January 17th, 2011: Cheryl {sic} (Cherilyn) Murer, Myron Siegel, Marc Strauss, and Barbara Vella. To be a member of the Illinois Racing Board for a term commencing May 6, 2005, and ending July 1st, 2008: Joseph Casciato. Madam President, having read the non-salaried appointments from the Governor’s Message of May 16th, 2005, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of May 16th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.
Senators Hendon and Geo-Karis, Co-Chairmen of the Committee on Executive Appointments, to which was referred the Governor’s Message of May 31, 2005, reported the same back with the recommendation that the Senate advise and consent to the following appointment.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Madam President, with respect to the Governor’s Message of May 31st, 2005, I will read the non-salaried appointment of which the Committee on Executive Appointments recommend that the Senate do advise and consent: To be a member of the Carnival Amusement Safety Board for a term commencing May 13th, 2005, and ending January 17th, 2009: Patricia Sullivan. Madam President, having read the non-salaried appointment from the Governor’s Message of May 31st, 2005, I now seek leave 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 to consider the appointment on a roll call. Madam President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Dahl. Your light is blinking. Is there any discussion? The question is, does the Senate advise and consent to the appointment just read from the Governor’s Message of May 31st. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. A majority of Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.
Senators Hendon and Geo-Karis, Co-Chairmen of the Committee on Executive Appointments, to which was referred the Comptroller’s Message of October 11, 2005, reported the same back with the recommendation that the Senate advise and consent to the following appointment.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Madam President, with respect to the Comptroller’s Message of October 11, 2005, I will read the non-salaried appointment of which the Committee on Executive Appointments recommend that the Senate do advise and consent: To be a member of the Comptroller’s Merit Commission for a term commencing October 11th, 2005, and ending January 1st, 2011: Jacquelyn Brown. Madam President, having read the non-salaried appointment from the Comptroller’s Message of October 11th, 2005, I now seek leave to consider the appointment on a roll call. Madam President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointment just read from the Comptroller’s Message of October 11th. 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 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Senator Hendon.
Thank you, Madam President. I move that the Senate rise from Executive Session.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon moves that the Senate arise from Executive Session. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate has arisen from Executive Session. Senator Harmon, for what purpose do you rise?
A point of personal privilege if this is an appropriate time?
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
As some of you may have noticed when we returned for the fall Session, that our Sergeant-at-Arms, our Assistant Sergeant- at-Arms and our staff of hard-working Pages are now nattily attired in new navy blazers, crisp white shirts and ties. I just wanted to tell them I think they look very sharp and they do well for our Chamber. And I’m told -- I’m told that Senator DeLeo was going to take some of us Members shopping so that we can keep up with them.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dahl, for what purpose do you rise?
Moment of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
In the gallery behind us up here, we have the Kankakee County Sheriff, Tim Bukowski, and several of his staff with him today. I want to welcome him and thank him for the great job they do.
PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests in the gallery please rise and be welcomed 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 to Springfield? The Rules Committee will meet immediately in the President’s Antechamber. Senator Viverito in the Chair.
PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, Committee Reports. Madam Secretary, Messages. Thank you.
October 26, 2005. Message from the President. Dear Madam Secretary - Pursuant to the provision of Rule 2-10, I hereby establish December 31, 2005, as the 3rd Reading deadline for the following House Bill 1009. Sincerely, Emil Jones, Jr., Senate President.
PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, Committee Reports.
Senator Viverito, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Executive Committee - Floor Amendment 1 to House Bill 830 and Floor Amendment 1 to Senate Bill 1283; refer to Pensions and Investments Committee - House Bill 1009; refer to Revenue Committee - Floor Amendment 3 to House Bill 2706.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon, what purpose do you rise?
For purposes of an announcement, Mr. President. The Senate Revenue Committee will meet today at 1:55 in Room 400. 1:55 in Room 400. Thank you.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton.
Thank you, Mr. President. The -- rise for the purposes of an announcement. The Executive Committee will meet in Room 212 at 1:55 p.m. Executive Committee, 212, 1:55 p.m.
PRESIDING OFFICER: (SENATOR VIVERITO) Ladies and Gentlemen, we will be going into the Order of Senate Bills 3rd Reading, on page 2. The top of page 2. Senate Bill 595. Senator Garrett, do you wish to proceed? Out of the record. Senate Bill 638. Senator Garrett, do you wish to proceed? Senate Bill 700. Senator Harmon. Senate Bill 809. Do you wish to proceed, Senator Martinez? Senator Martinez. Out of 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 the record. Senate Bill 830. Senator Crotty, do you wish to proceed? Out of the record. Senator -- I mean, Senate Bill 852. Senator Haine, do you wish to proceed? Senator Haine seeks leave of the Body to return to Senate Bill 852, to the Order of 2nd Reading for the purpose of an amendment. Hearing no objections, leave is granted. On the Order of 2nd Reading is Senate Bill 852. Madam Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Haine, to explain your amendment.
Thank you -- thank you, Mr. President and Ladies and Gentlemen of the Senate. This Senate Bill -- the -- with Amendment No. -- Floor Amendment No. 1 changes the -- the statute for the Triad School District, allowing it to incur an aggregate debt of up to twenty-five percent of the taxable property within the district meeting certain criteria, one of which is that the people of the district vote by referendum to issue bonds and it has to be done before January 1, 2007. This opens the window, and on January 1, 2007, the window will close. It’s unique to this district. Given the time factors involved, it’s highly unlikely according ISBE that it would affect any other district. This school district is in the central part of Madison County. It’s in my Senatorial District, Representative Hoffman’s House District; Senate Watson -- Minority Leader Watson’s district and Representative Stephens’ district. It’s a booming district. It’s rural-suburban. They have to build these schools. They’re going to go to their own voters. There’s widespread community support for this school and they are confident that the people, the citizens, will vote for these bonds to build the schools for these children, and I ask for the support of the Body.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Haine moves the adoption of Amendment 852 -- Amendment No. 1 to Senate Bill 852. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it and the amendment is adopted. Is there any further Floor amendments approved for consideration? 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 1268. I mean -- now on the Order of 3rd Reading, Senate Bill 852. Senator Haine, do you wish to proceed? Madam Secretary, read the bill.
Senate Bill 852. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Haine.
I -- thank you, Mr. President, Ladies and Gentlemen of the Senate. I ask for the support of the Senate for this. It’s for a school -- a district, first-rate public school district. It will -- which has strong community support.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, shall Senate Bill 852 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 Yeas, none voting Nay, none voting Present. Senate Bill 852, having received the required constitutional majority, is declared passed. Senate Bill 1268. Senator Halvorson. Senator Halvorson seeks leave of the Body return to Senate Bill 1266 -- 1268 in Order of the 2nd Reading for the purpose of an amendment. Having no objections, leave is granted. Is there any objections? On the Order of 2nd Reading is Senate Bill 1268, approved for consideration. Madam Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Halvorson.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Halvorson to explain the amendment.
Thank you, Mr. President. Floor Amendment No. 1 actually becomes the bill and it allows that the starting and the ending 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 times of a work day on a public project be excluded from what’s required in the submission of certified payroll on public projects.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Senator Pankau.
Yes. This bill came before the Labor Committee, and when we passed it this spring, it had the restriction that the start and stop times of each employee had to be recorded and reported. We found out through trying to implement it that that really wasn’t necessary and that the total number of hours that that employee worked was all that was necessary. That’s what this bill does. I urge you to vote for it.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Halvorson, to close. Senator Halvorson. Senator Halvorson, to close. Senator Halvorson moves the adoption of Amendment 1268 -- Amendment 1 to -- to Senate Bill 1268. All those in favor will vote Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Is there any further Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Halvorson.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Halvorson, explain the amendment.
Thank you, Mr. President. Amendment No. 2 changes the time period in which a contractor shall make the certified payroll available from two to seven days. It was another change that we found that was necessary to make with regards to 188 passed last year.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Halvorson moves the adoption of Amendment No. 2 to Senate Bill 1268. All those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR VIVERITO) 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 1268. Senator Halvorson, do you wish to proceed? Madam Secretary, read the bill.
Senate Bill 1268. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Halvorson.
Thank you, Mr. President. As which was mentioned, the two amendments to the bill require that we do not include the start and stop times with regarding payroll or that we make the payroll available within seven days instead of two. I would appreciate everybody’s vote.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, the question is, shall Senate Bill 1268 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 57 Yea, none voting Nay, none voting Present. Senate Bill 1268, having received the required constitutional majority, is declared passed. Senate Bill 1283. Senator Link, do you wish to proceed? Senate Bill 1990. Senator Clayborne, do you wish to proceed? Senate Bill 1991. Senator Clayborne. Out of the record. The Senate will stand in recess to the call of the Chair. After committees, the Senate will reconvene at approximately 3 o’clock to receive Committee Reports and for further Floor action. The Senate stands in recess to 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? Would all Members under the sound of my voice please come to the Senate Chamber? Madam Secretary, Committee Reports.
42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Senator Harmon, Chairperson of the Committee on Revenue, reports Senate Amendment No. 3 to House Bill 2706 recommended Do Adopt. Senator Cullerton, Vice-Chairperson of the Committee on Executive, reports Senate Amendment No. 1 to Senate Bill 830 and Senate Amendment 1 to Senate Bill 1283 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Messages.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 230, together with House -- I’m sorry. …this straight, House Bill 230. Passed the House, October 26, 2005.
PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, House {sic} Bills 1st Reading.
House {sic} Bill 2146, offered by Senators Righter and Althoff. (Secretary reads title of bill) House {sic} Bill 2147, offered by Senator Maloney. (Secretary reads title of bill) Pardon me, those are both Senate bills. And Senate Bill 2148, offered by Senator Jacobs. (Secretary reads title of bill) 1st Reading of those Senate bills.
PRESIDING OFFICER: (SENATOR HENDON) House Bills 1st Reading.
House Bill 230, offered by Senator Martinez. (Secretary reads title of bill) House Bill 258, offered by Senator Collins. (Secretary reads title of bill) And House Bill 2011, offered by Senator Martinez. (Secretary reads title of bill) 1st Reading of the bills. 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005
PRESIDING OFFICER: (SENATOR HENDON) Would all Members under the sound of my voice please come to the Senate Floor? We’re about to take action on your bills. You need to be here. Would all Members under the sound of my voice please come to the Senate Floor? The Senate is back in Session. Would all Members under the sound of my voice please come to the Senate Floor? Would all Members under the sound of my voice please come to the Senate Floor? WCIA-Channel 3 is requesting leave to record. Is leave granted? Leave is granted. Ladies and -- Ladies and Gentlemen of the Senate, please turn your Senate Calendar to page 3. House Bills 2nd Reading, page 3. Senator James DeLeo, on House Bill 1368. Senator DeLeo, do you wish to proceed? Out of the record. Senator Debbie Halvorson, on House Bill 1716. Do you wish to proceed? Mr. Secretary, read the bill.
House Bill 1716. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Top of page 4 is House Bill 2900. Senator DeLeo. Mr. Secretary. Mr. Secretary, please read the bill.
House Bill 2900. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. We’ll now go to House Bill 3871. Senator Sandoval. Senator Sandoval. Out of the record. On top of page 3, Senate Bills 3rd Reading. I mean, House Bills 3rd Reading. House Bill 481. Out of the record. House Bill 806. President Emil Jones, Jr. President Jones seeks leave of the Body to return House Bill 806 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 806. Madam Secretary, are there any amendments approved for consideration?
44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Floor Amendment No. 3, offered by President Emil Jones.
PRESIDING OFFICER: (SENATOR HENDON) President Jones, to explain your amendment.
Thank you, Mr. President. The amendment is -- is the bill. So -- the amendment is the bill. I move for the adoption of the amendment and we’ll debate it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Jones moves the adoption of Amendment No. 3 to House Bill 806. 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 House Bill 806. President Jones, do you wish to proceed? Madam Secretary, read the bill.
House Bill 806. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Thank you, Mr. President. House Bill 806, as amended -- as amended, is the bill that covers all kids. It is the Health Insurance ALL KIDS Program. Based on the nineteen -- based on the year 2003 Census data, approximately two hundred and fifty- five thousand children in Illinois do not have healthcare insurance. An estimate of a hundred and twenty-five thousand of these children are eligible for KidCare, leaving the remaining hundred and twenty-eight thousand that are not ineligible for healthcare. Many children in Illinois that -- many children in Illinois are in families that earn between forty and eighty thousand dollars a year, which is too much to qualify for Medicaid or KidCare. According to the Census data, seventy percent of the uninsured children reside in families with income 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 ranging from forty to eighty thousand dollars per year. A 205 {sic} (2005) report by Families USA found that family premiums in Illinois have increased by one thousand fifty-nine dollars due to cost-shifting from the uninsured. The Kaiser Foundation found that uninsured children are seventy percent less likely to have - - children with insurance to receive medical care for conditions like ear infection. Thirty percent’s less likely to receive medical attention when they are injured. The -- the Covering of ALL KIDS in Healthcare Insurance {sic} (Covering ALL KIDS Health Insurance) Program is designed to provide affordable healthcare insurance to uninsured children whose families cannot afford the private insurance and for families whose income are too high to qualify for the Medicaid and KidCare Program. ALL KIDS -- ALL KIDS would be the first state program in the nation. No other state will have a program of this nation. We want to remain number one. Every child has access to comprehensive and affordable healthcare. That’s what this bill does. The benefits of this program are identical to those provided under KidCare Program - physician visit, inpatient and outpatient hospital care, dental care, vision care, emergency room transportation, medical care and psychiatric and mental health care. Participants in the program would pay a monthly premium and co- payments for doctor visits and prescriptions, but unlike private insurance that is too expensive for so many families, the rates for ALL KIDS coverage will be based on a family’s income. For example, a family with two children earning between forty and fifty-nine thousand dollars a year will pay a forty-dollar a monthly premium per child and a ten-dollar co-payment per physician visit. A family with two children earning between sixty and seventy-nine thousand dollars a year will pay a seventy-dollar monthly premium per child and a fifteen-dollar co- payment per physician -- visit. The State will cover the difference between what the parents pay -- in monthly premiums and the rest of the costs of furnishing the program. As far as - - as affordability is concerned, this program is fully paid for in the first year. The expansion will cost forty-six million dollars and will be paid by the institution of a Primary Care Case Management Program, Disease Management Program and the State’s Medicaid Program. In fact, the savings will be actually 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 fifty-seven million dollars. It exceeds the first-year cost of the program. To get the forty-six-million-dollar figure, the Department will leverage an additional thirty-five million dollars in federal funds in the first year. Secondly, doctors who treat children on ALL KIDS will receive an expedited payment, meaning they will be paid every thirty days rather than being part of the payment cycle. This will address the complaints of many physicians and patients who are covered under the Act of not being paid and the payments are too slowly. The costs of these expedited payments include a -- a forty-five million cost estimate for the program, so that paying doctors quickly will have no effect on the payments of other providers. More importantly, we will pay today for the cost of the uninsured. Uninsured children do not get preventative healthcare that they need and sometime they get even sicker. Trip to the emergency room, unnecessary hospitalization and often the expenses because families cannot afford to pay the bill. Now, there are those who may cry that the State is paying for the uninsured. You are paying already. If you have a private healthcare insurance policy, about forty percent of the premium that you pay is to pay for the uninsured who do not have insurance. If you -- if you have insurance, perhaps your -- your rates will -- in the private sector will drop. So, we’re already paying for them. If a person go to the emergency room, the State pick up the cost; you are paying. But it’s -- it’s better that each child have their own insurance and this covers children throughout the State of Illinois. It’s a very good program and, Mr. President, I’ll answer any questions anyone may have about this program.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Maloney.
Thank you, Mr. -- thank you, Mr. President. I move the previous question.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney moves the previous question. We have fourteen speakers. WICS seeks leave to shoot video of today’s proceedings. Leave granted? Leave is granted. CMS video photographer Tony Bateman seeks leave to video the day’s proceedings. Is leave granted? Leave is granted. WTTW-TV 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 requests permission to videotape today’s proceedings. Is leave granted? Leave is granted. Leader Watson, for what purpose do you rise, sir?
Yes. Thank you, Mr. President. First of all, I just want to say that this is obviously a very laudable goal to make available to the children of this State health insurance. And I think we’d all agree that everyone would be better off if they had health insurance. Problem we have, or at least that I have, is how do we pay for this? And the concern that I have is -- is many. There’s many concerns I have here. But I’m just going to talk about one in general here, and that is I have the amendment in front of me. I understand it’s twenty pages, of which about - - we’re lucky if five or six are actually substantive changes. And the problem with that is, as I see this, is the fact that there’s very little detail. In fact, in the Governor’s speech yesterday, he talked about several things, one of which was how we were going to pay for this, and he talked about the premiums, he talked about managed care. None of which is spelled out in the amendment. There’s nothing in here about managed care. There’s nothing in here on premiums, on who’s going to pay and how it’s going to be paid. That’s going to be left up to someone else. Now, we heard Director Maram yesterday in committee say, “Well, that’s going to be made available or left up to the legislative process,” which confuses me because that is actually JCAR, is what he is talking about. Which is twelve members - three from our side, three from your side and six from the House - who will then ultimately make the decision on whether or not this is something that should move forward, taking the control and the decision making totally out of the hands of the Legislature. Now, to me, we are shirking our responsibility by just turning the authority over to the administration on an issue that we should have a great deal of say. We are elected by roughly two hundred and some thousand people in our district to come to Springfield and represent them and do a job that -- that we -- that we try to do in the best that we can in representing the people and so we have to have what I think is the adequate information to make an intelligent vote on issues such as this. This is truly a potential budget buster if it isn’t handled in a 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 manner of responsibility. And I don’t think that us, as one of the three members of the whole branches of government, should just totally turn over this responsibility to the administration. I’ve been in the room. I know what goes on. The memorandums of understanding that you and us on this side have required from the administration to make sure that they follow through with commitments that they make. We vote on a budget last spring. We -- most of us -- in fact, all of us here on this side voted No. You supported it. After the budget comes out, you find out that there was ten million dollars that was going to be made available for stem cell research, many of which we all support. Many people on both sides of the aisle support that concept, but the problem was we weren’t informed. We weren’t informed. So, to -- to give this and the ability over to the administration is shirking our responsibility as legislators. There is just no details in what we’re doing here today, and ultimately who is going to pay? It’s going to be the taxpayers of this State. And I listened in committee yesterday and I -- it always concerns me when someone says, “Well, we’re going to save money by spending more.” Well, I want to tell you that Illinois taxpayers better run for cover, because that’s what we’re about to do if we support this. And the Governor is asking us to do that. We don’t have to give him that responsibility, we can do it ourselves. There is a task force that we made available -- what we call the Adequate Healthcare Task Force, made up of, I believe, about twenty healthcare professionals. We gave ‘em a million dollars. We gave ‘em a million dollars. It is a problem in this State - adequate healthcare, the cost of healthcare, who should receive it, who shouldn’t. This task force was given the responsibility to report back up to us March 15th of next year on -- on what their recommendations might be. Why rush to the table now to do this with so little thought and so little detail? Let the professionals and the healthcare professionals that are sitting at the table now and discussing this and will report to us next spring on their recommendations. Why not wait and do it right? This is not the way we should be doing this, Mr. President, and I urge the Body to vote No. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Leader. Just so -- for the information of the 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Body, there were fourteen lights lit when -- for people seeking recognition - before we moved the previous question. An additional six lights were punched after that. The Chair is going to rule -- is going to recognize the two Leaders whose lights came on late, but not the other Members, and there’s an equal number on both sides. Senator del Valle. I’m sorry. President Jones -- Senator Roskam. I’m sorry. President Jones. President Jones, take all the time you want, sir.
Thank you, Mr. President. Just a brief response to the previous speaker and I do appreciate his remarks saying it’s laudable that the Governor wants to see to it that all children are insured. And I was just looking at the numbers from the previous speaker. I looked at his district. In excess of four thousand children in his district do not have healthcare insurance. He talked about the taxpayers going to bear the burden. Do you believe that the people we represent should have the same benefits that we do? The taxpayers are subsidizing our healthcare insurance, but I haven’t heard anyone say, “Let’s cut that.” Give all children of working families, middle-class families, the opportunity to have healthcare. And -- and if you don’t want them to have it, then you put in the bill saying, “I don’t want the State to pay for healthcare for my family and my kids.” But you accept it for your kids. Every child in this State deserves equal opportunity to access to affordable healthcare.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Roskam.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. You know, we’ve all had a common experience it seems to me in our lives, pro and con. We’ve all been on the -- the giving and receiving end of this situation, where someone -- let’s say, we’ve gone in for a printing job in our office or our campaign and the printer has messed it up somehow and then they come back and they say, “You know what? We messed that up. You ordered this and we gave you that. And what we’re going to do to make it up for you is we’re -- it’s going to be complimentary.” And we’ve all done that when we’ve done something in our own 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 businesses. When we’ve done something, we’ve made it up to people. Well, it strikes me that this is coming in the context of a Governor who sort have has that situation on his hands, because we’ve got a situation where the larger question is, why are there so many uninsured children in Illinois? What is unique about Illinois that makes it the beneficiary now of what we were told yesterday in the Senate Executive Committee as landmark legislation? In other words, no other state in the Union, we were told, is doing this, and what is it that creates the environment where this is necessary in Illinois? And you sort of have to ask the question, don’t you, that maybe it has to do with our lagging economic performance in Illinois vis-à-vis surrounding states. There’s a lot of children who are -- uninsured in Illinois, not entirely, not exclusively, but a lot of children are uninsured in Illinois because their parents are unemployed and underemployed. Just look at the border states around us. Look at Indiana which has created fifty thousand new jobs; look at Iowa which has created twenty-five thousand new jobs; or Wisconsin which has created fifty thousand new jobs; or Missouri - twenty-six thousand new jobs; even Kentucky looms above us, Illinois. What would you think the magic number would be for Illinois, the “Economic Engine of the Midwest”, the “City of Big Shoulders”, the -- the “Transportation Hub of -- of the United States”? What has our job performance been? What has our private sector performance been? Seven thousand jobs. Now, it is as if the Governor has said, “Wow, over the past three years, I’ve really messed that up, and I’ll tell you what I’ll do, I’ll make it up for you and we’ll pick up this insurance.” Well, he’s picking up the insurance cost and placing it on a foundation that is very rocky, at best. I was on the telephone this afternoon with a pharmacist in my district who said that he just got paid today, October 26th, for invoices that he submitted on July 13th. There’s another pharmacy in my district on Roosevelt Road that has a three-hundred-thousand-dollar debt that it’s owed by the State and they have shut their doors in Wheaton. We can do better than this. There is nobody in this room that’s going to argue that we need to do everything that we can to insure uninsured children in Illinois, but the way that this Governor is going about it is -- is, I would suggest, piecemeal and 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 shortsighted. This is an incrementalist approach to something that isn’t working very well, and rather than taking a step back and saying, “What are the real solutions that we can be driving towards? How do we drive healthcare costs down? How do we create more of a market so that people want to come in and do business in this place?” - what we’ve said instead is, “You know what? Keep traveling, businesses, we’re really not that interested in what you have to say or what you have to do.” I think that we can do better. This -- this -- ultimately, one of the questions -- then in closing, one of the questions that I asked that was very poorly answered in my view in the Senate Executive Committee is, what is the prohibition from a company from coming to the table and saying, “You know what? We’re not going to offer dependent coverage anymore for employees who have children.” And the answer was, “Oh, Senator Roskam, really come on, come on now. Read the bill, Senator, because there’s a six-month prohibition that would prevent that.” In other words, you’ve got to be uninsured for six months in order for that -- that coverage to kick in. But when I asked the question, “What if you were to give a stipend - what if a business gives a stipend to their employee to put them through that six-month period of time?” There was no answer. There was no eye contact and there was silence on the other end of the witness table. So, here’s what I predict as the unintended consequence of this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Roskam, sir, could you please -- you said you were closing. If you don’t mind, I’d appreciate it if you would close.
Thank you. Here’s the unintended consequence of this bill. What will happen over a period of time is that we’re not going to find that there’s a quarter of a million children, which the administration says is going to come on this, but this is going to explode and then we’re going to be in the position in a few years to be the ones that have to curtail coverage. We’re going to be the ones that have to raise taxes or we’re going to be the ones that have to say, “You’re not eligible anymore.” That’s what happened in Tennessee. I would urge a No vote on this poorly thought-out plan. 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005
PRESIDING OFFICER: (SENATOR HENDON) Further discussion. Senator Garrett. And there are twenty more speakers seeking recognition. I am going to limit it to the ones who came in before the -- we moved the previous question. Please be succinct. Senator Garrett.
Thank you very much, Mr. President. To the bill. On Monday I was in Mt. Prospect at the Lincoln Junior High School and -- with my Representative, Elaine Nekritz, and we were talking to about a hundred seventh -- probably two hundred seventh and eighth graders, and they asked us, “Why are we doing this job? Why is this so important? Why did you work so hard, campaign to get where you are today?” And we said, “Because we want to improve the quality of life for people throughout the State of Illinois.” A couple weeks before that, I held town hall meetings throughout my district and guess what the most common concern, no matter where I was - healthcare. The fact that people from the middle class, from the upper class, from the lower class, don’t have insurance became very, very clear, and you know this. We all know this. And our job, really, is to make sure that we prevent these kinds of things from happening. This may not be a perfect bill today, but it’s not gloom -- doom and gloom. There are going to be ways in which this is going to be resolved by Republicans and Democrats and it will take place. Our job is to make sure that we do provide a safety net for those children that are falling between the cracks. We shouldn’t be standing here today coming up with reasons why this won’t work - roadblocks. What we should be doing instead is making sure that we’re doing everything in our power to capture these children who are right now, today, falling between the cracks. We can’t allow it to happen any longer. We can make this happen together as Republicans and Democrats. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion. Senator Lauzen.
Thank you -- thank you, Mr. President. You know, we all certainly do agree that medical care for our children and families is attractive and essential. The controversy arises just about, how are we going to pay -- how are we going to pay 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 it? Just a couple of thoughts. First of all, ask yourself, why are other states not doing this currently? Is it because Rod Blagojevich has such a tight grip on the technical operation of State government, as we’ve witnessed over the last three years? Or is it because it’s so much more complicated than a mere twenty-two hundred words in legislative language indicates or, even more cynically, is this a desperate attempt by our Governor to revive approval ratings at the beginning of a campaign season at taxpayers’ expense? You have to ask yourself, as the Minority Leader asked, “What is the hurry? Why are the payment details or even the commitment to pay for this not in the legislation itself?” Just last week we borrowed one billion dollars to pay past-due, mostly Medicaid bills, because we can’t afford to pay now what we’re already offering, what you’ve already promised, and yet we’re talking about expanding. We -- we’re -- we’re not -- some of us don’t believe that the managed care savings are going to be delivered. You’re offering to -- you’re offering a benefit to kids in a way that -- that in a way is going to stick them with the bill. You know, when you buy groceries for your family, for your children, you don’t give them the invoice for the credit card. Yet, with what we did during the spring, of taking 2.3 billion dollars out of a fund that’s going to be paid over the next twenty years as they mature, they’re going to end up paying that bill. The real source of the funding is either the raid on the pensions or the borrowing that we’re doing. Some of us actually don’t believe that the managed care is -- is there at all. So, I think that the problem that we face is that we’re not paying for what we have right now and yet we’re about to promise more. I urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion. Senator Haine.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. I rise in support of President Jones’ House Bill -- his amendment to House Bill 0806. The issue here, which we have faced in different forms in the past few years, is access to healthcare. We have done it in the past with the provider tax, a creative and novel approach to bringing money into the State, so well-crafted by the able Senator Schoenberg. We faced it twice 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 in 2004/2005 with the most contentious division of this Chamber over changes in our medical malpractice litigation system. The reason why many of us proposed those changes and were strong proponents of the provider tax is the issue of access to healthcare, to save the system from collapse. Now we face the situation where we’re preserving the infrastructure, but we are seeing ever-increasing numbers of our citizens without access because they do not have reasonable insurance. You have the working poor, as was so well pointed out, and the poor. This bill reaches out directly to the most vulnerable of our citizens, the children. It brings them into primary care. It avoids the situation where their access to healthcare is when their problem, their physical problem, their ailments, their illness becomes most acute and they flood the emergency rooms and that’s what we are facing across the State of Illinois today. That is why, Ladies and Gentlemen, the Hospital Association of Illinois is in strong support of this bill and I urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion. Senator Winkel.
I have a question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) Question of the sponsor from Senator Winkel to President Jones. He indicates he will yield. Senator Winkel.
Mr. President, what are the provisions in the bill concerning citizenship as a requirement?
PRESIDING OFFICER: (SENATOR HENDON) President Jones.
Evidently they didn’t turn your mike on. I couldn’t quite hear you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Winkel, will you repeat your question please, sir?
Mr. President, in this bill are there any provisions that require citizenship before getting the benefits that are provided for?
PRESIDING OFFICER: (SENATOR HENDON) 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 President Jones.
It’s not addressed in this piece of legislation. You’re talking about eligibility? It’s not addressed in the legislation and I think that the JCAR -- be -- will be the entity which set the rules as relate to JCAR.
PRESIDING OFFICER: (SENATOR HENDON) Senator Winkel.
Well, okay, so there’s no citizenship provision in regard to eligibility. What about residency?
PRESIDING OFFICER: (SENATOR HENDON) President Jones.
Illinois residents will be the -- the persons that’ll be eligible. We’re not talking about Michigan or California. We’re talking about Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Winkel, are you -- go right ahead. Senator Winkel.
Questions, thank you. I mean, there’s -- there’s virtually nothing in the bill. I’m just trying to figure out how we’re going to reap these savings to pay and sustain for a program for all kids. I mean, as has been said by previous speakers, all of us can agree that healthcare needs to be provided for kids. They need to have access to quality medical care. But there’s a program that apparently is being submitted by the President in this amendment to this bill which doesn’t have eligibility requirements. So we don’t know who is going to be eligible, how many are going to be eligible, from where they’ll be, for how long they have to be here. I’m just wondering, Mr. President, if there’s no citizenship requirements, how do we determine then who’s eligible, because my biggest concern of all is that there’s presumptive eligibility in this bill?
PRESIDING OFFICER: (SENATOR HENDON) President Jones.
I’m -- I’m quite certain, Senator, you read the bill. And if -- and you read the bill on page 3, it must be a resident of 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Illinois. So, it’s in there, see? You read it, but you -- you interpret that to be what you want it to be. I cannot help that, nor can I help the previous speaker when he indicated that all the unemployed people in this State, the jobs and so forth. This bill deal with middle-class working families earning between forty and eighty thousand dollars per year. Their companies do not offer healthcare insurance. So, you read into it what you want to read into it. I cannot help that.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion…
You’re a resident of the State of Illinois, you qualify for it. But as far as who is eligible within the State, let the rulemaking body deal with that.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Winkel, if you could.
Well, I -- I can and I will. I’m here representing two hundred thousand constituents. I’m going to ask some questions about a bill that I’m going to be asked to vote on here. I want some -- I want some specifics. I mean, is this a one-day residency requirement? Can a non-citizen become a resident of Illinois in one day? And can that non-resident -- non-citizen have assets or no assets or is there any sort income eligibility? None of that, Mr. President, is in your bill. Point it out to me if it is.
PRESIDING OFFICER: (SENATOR HENDON) President Jones.
As it relate to -- to eligibility, under the KidCare Program currently right now, I believe the rules and regs are already set for that. The feds set those requirements. When it becomes ALL KIDS, and we’re talking about eligible parents who are working, have a job here in Illinois and are residents who are also paying taxes but their company do not offer insurance, this covers those children. So, you can interpret a person working here whether or not they are a resident of Illinois. Are they paying State taxes? They paying federal taxes? But their company do not offer healthcare insurance where they can have their children covered 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 for healthcare. It’s just like you being the Member of the General Assembly and the State is subsidizing your healthcare. Don’t you think you’re constituency, that you say you represent, should have the same type benefit?
PRESIDING OFFICER: (SENATOR HENDON) Senator Winkel, I’m going to allow you this additional question, sir. And I hope that you will respect the fact that you have spoke a little longer than anyone else. Go right ahead. Senator Winkel.
Well, thank you. It -- it’s gracious of you. My concern here is that the agency that’s going to be in charge of rulemaking, since this Body is now being asked to essentially delegate its legislative authority to an administrative agency because of the lack of any sort of provisions concerning eligibility and virtually everything else in this thing. I mean, this agency to which we’re asked to delegate this legislative authority, in answer to a questionnaire, there’s a question here we asked, “Will illegal immigrants be eligible for coverage?” And they answered, “Yes.” I have a big concern about that. We need to be responsive to the needs of our children for their healthcare, but I believe also we need to be responsible to our taxpayers, our hard-working families, who you’ve talking about, that they’re paying taxes that are covering our citizens. Now, I’ll tell you what, I’ve been there to -- to vote Yes and even speak in favor of in-State tuition for -- for undocumented immigrants. I was there working to try to get driver’s licenses, so don’t give me that I’m somehow being discriminatory. But, by golly, if you’re talking about an agency who we’re going to be giving this authority to, to allow them to make the rules, and they say that they’re going to be providing this sort of coverage to illegal immigrants, I’ve got a serious problem with that. Is there anything in the bill that would prevent that from happening?
PRESIDING OFFICER: (SENATOR HENDON) That -- that is your final question. President Jones.
Thank you, Mr. President. You know, the more we talk on the issue, the more confused I get in listening to the statements 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 made by those individuals who purport to say that they are in favor of all children. I believe in your district, Senator Winkel, approximately three to four thousand people who -- do not have healthcare insurance and these are ones who are working, paying taxes. As -- as it relate to who will be covered under the bill, you want it specifically laid out - it’s not in the bill as such. I believe the arm of the Legislature, which is -- if they propose the rules as who is eligible and everything of that nature, then we’ll deal with that issue. We have the Legislative Body to deal with that, but that same person that you purport that you care so much about, if a child of an illegal immigrant goes to a hospital, you are going to pay for it. You’re going to pay for that childbirth. You’re going to pay for the emergency room. You’re already paying. You are paying now. The private insurance carriers are charging people -- charging their policyholders for all those persons who appear who do not have healthcare insurance. I don’t know how it’s going to end up, but they would have to pay if they got the insurance. But you’re already paying. That you -- the person you say you care so much about. Let’s not talk out both sides of our mouth. Be genuine as to what you’re talking about. But it’s not addressed in this bill as far as the -- eligibility is concerned. But if a illegal immigrant in this State go to the emergency room in Champaign and get treated, the doctor’s going to treat him, the hospital folks are going to treat them, and you’re going to pay for it. A woman having a child here, you’re going to pay for it. You’re already paying it. So, what are you talking about? If -- if JCAR decide to include ‘em, they will be paying that co- payment. They will be paying the monthly premium. So, let’s not talk out both sides of our mouth. So, oh -- how much I like in- state tuition. That’s a cover. That’s a front.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion. Senator Trotter.
Thank you very much, Mr. President, Members of the Senate. I rise in support of this legislation because today is the day that reasonable people need to take action on something that we can control. Contrary to the doomsday prophets on the other side, Illinois is not falling into some kind of schism, into a 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 hole, into a worse situation. Things are getting better in this State, maybe not as fast as others, but they are getting better and you know that. You’ve seen the numbers. You keep talking about -- this is -- about some unemployed people. People are going to be moving here without any assets and taking advantage of our system. Well, we already have a system that’s in place to take care of those unemployed. It’s called Medicaid. We already have vetted out this process because it’s called KidCare, only this has been expanded. So, this is nothing new, nothing that no one here has ever heard about before. We’ve just taken it from a hundred eighty-five percent up to almost three hundred and twenty-five percent. And why? Is because we figured out through KidCare, by vetting that process, that when a kid is healthy, he’s going learn. We know when a kid has eye glasses, he can see the board up there and learn the lessons that the teacher is trying to give him. We know when you have a healthy child, and one who is -- is going to be much more attentive in class, then ultimately we’re going to have a healthy workforce. This is about dealing with parents who are working, paycheck to paycheck, and you know many people like that, be it from forty thousand dollars to eighty thousand dollars, but when they’re paying that two-thousand- and three-thousand-dollar mortgage, it doesn’t go that far and especially when we’re talking about the escalating cost of healthcare. Now, we can study this again, and again, and again. But right now, we know that there are savings and we’re not the only State doing this. There’s twenty-nine other States that has a program like this. Twenty-nine states. Each Medicaid -- recipient in this case is guaranteed a medical home through the designation of a primary care provider and that’s what we are trying to put together, a primary care case management program. It has been estimated that there would be a savings of almost a hundred and thirty-three million dollars. This is a conservative estimate of the savings that we’re talking about that we will have to spend to pay for this program which they’re saying is forty-five million dollars.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, could you bring your remarks to a close, sir?
60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Certainly. So, let’s not be hypocritical. This isn’t no campaign spin. This is something that needs to be done right now when we can do it. And for those of you, again, welcome to -- to the real world that we don’t have to play games when it’s time to take care of business and I think this is a good piece of legislation and we need to all to be Yes on it. Or since maybe you have -- some of you have four-year terms, you don’t have to worry about going back there trying to explain to your parents and to those mothers and fathers of why you couldn’t vote for a healthcare system -- a healthcare plan for their children.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion. Senator Radogno.
Thank you, Mr. President. Like everyone else in this Chamber and the Governor as well, I am concerned about the fact that we have children in this State and adults as well who are uninsured and underinsured and I do want to give the Governor credit for raising the issue. However, I can’t possibly support this bill and I think there is a number of reasons that we need to -- to take a second look at it. ALL KIDS, as you know and as Senator Trotter just reiterated, is -- is a pretty vast expansion of the Medicaid Program that we have right now and it’s unlikely that the federal government is going to help us cover all of the costs that are involved. The fact is they do have a prohibition against covering undocumented citizens. So, to the extent that they are included, we will be taking that cost on ourselves. Just to remind you how big our Medicaid Program is, and I know we’ve all heard these numbers, right now one in seven Illinoisans is on Medicaid in this State. Two out of five births is covered by Medicaid. Already one-third of the kids in this State is -- are on Medicaid and we want to expand it yet again. Now, this isn’t a problem unique to Illinois and we all recognize that. Again, Senator Trotter mentioned that, across the nation, states are having problems with this. It’s crowding out other critical needs that we have. It’s -- we’re finding it more and more difficult to fund education every year. But other states are not going in this direction, other states do not have this kind of a program. In fact, other states are tightening up their requirements and their eligibility. So we are definitely going 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 in a different direction. We did end last year with 1.7 billion dollars in unpaid Medicaid bills. We just borrowed 1.1 billion dollars to try to pay those down. We have providers that are waiting over a hundred days to get paid, and as Senator Roskam said, some of those folks are going out of business. And we can say, “Yeah, but that doesn’t really matter because it’s the right thing to do, this is for the kids.” But the fact of the matter is, the financial stability of the program is inextricably linked to access and quality care, and those are the two things that we’re trying to achieve here. So, we need to take a look at that. The way they’re linked is that the providers, when they’re not paid on time, and when they’re paid inadequately, will not see these patients. And that’s the problem we have right now - providers are not willing to take Medicaid patients. Senator Jones did say that we’re going to increase -- or decrease the payment cycle to thirty days. I don’t know how that’s going to happen if we have to borrow over a billion dollars to pay what we currently have due. To add hundreds of thousands of more kids onto this program that’s already financially unstable is a disservice to those kids and their families. And some of those kids, who will now probably not be able to get adequate care, are going to be enticed off of the private sector -- out of the private sector. The Governor’s own PowerPoint presentation on this program anticipates a ten-percent migration from the private sector into the Medicaid Program. So, we’re adding all those kids and, again, we don’t have physicians to treat them and -- and other providers. It’s also not fair to taxpayers who will end up footing this bill and there is a possibility that the courts could become involved and say, “You have to increase rates because providers won’t take these kids.” That happened in a suit in Cook County and it could happen again, which means we will have this huge financial liability that we really are ill- equipped to handle. So, while I do applaud the Governor for raising it, I think that there is a better approach. I don’t just want to say, “No, we can’t do this. We can’t do it.” For one thing, we need to look at even more aggressively managing care than is suggested in this bill. And we had a bipartisan task force that looked at managed care and suggested a more aggressive approach. I think we need to go back to that. Then 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 we need to use some of those savings to stabilize our current system and then maybe we can do some expansions with some residency and income requirements to make it manageable for the long term. And also we need to look to the private sector to see what we can do to encourage businesses to provide insurance. Tax credits are something we haven’t really explored. We need to look at tax credits to help individual people buy down their premiums. That’s another approach we haven’t looked at. We’ve had a bill out there for some time looking at some of the mandates that we have put on the healthcare industry and we haven’t discussed that or haven’t had a vote on possibly rolling some of those back.
PRESIDING OFFICER: (SENATOR HENDON) Senator, if you could.
The very last thing we ought to be doing is adding a high rise onto this foundation that’s already crumbling and falling apart. So, I would urge you to vote No on this, but to -- continue this discussion and try to provide healthcare for all of the children in Illinois. Thanks.
PRESIDING OFFICER: (SENATOR HENDON) Thank you. Further discussion. Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. It amazes me that in discussions of providing healthcare insurance, one of the previous speakers would suggest to give more businesses tax credits. What in the world does that have to do with providing quality healthcare for children for families who work day-to-day? If it wasn’t medical malpractice, we say, “Let’s look at the insurance companies. Let’s look at their high costs.” You didn’t want to look at that. We had minimum wage on the table. Let’s give people who work an opportunity to make six-fifty an hour instead of five-fifteen. You didn‘t want to do that. We tried to reform education funding. You didn’t want to do that. Now, the Governor has a concept here that we should all embrace, allowing working families who work, between forty and eighty thousand dollars a year. Surprisingly enough, it’s not a hand-out. What’s the problem? They’re working, their children should receive quality healthcare, and what amazes me the most is 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 that we all know that when children are sick and suffering the entire family is suffering. Parents have to stay home more to take care of their children. I believe that this a good initiative, that the Governor’s moving forth. This has nothing to do with politics. This is about people. When will you embrace the concept of helping people when it’s not your idea that you’re bringing forth? And I just hope that you’ll reconsider your thoughts and vote Aye.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion. Senator Righter.
Thank you, Mr. President. You know, like I suppose every Member in this Chamber, I have constituents come into my district offices from time to time and talk to me about the way they think that we can solve some of the problems that we’ve got here in this State. And I can roughly divide them out into two categories. The first one I refer to is, the “big picture people” and those are the people who come in and say. “This is a problem and this is the way we fix it,” and the discussion’s over. And then I’ve got people who tend to drift toward the other side of the spectrum and that is the people who come in and say, “This is the problem, and this is the way they fix it,” and they give me a ten- or twenty-page document that spells out in exacting detail about how we should address this issue. And this morning here in the office here in the Capitol, I was reading just such a letter from one of my constituents and it made me think about this proposal. It made me think about what is our job here. Are we here to set goals to say this is where we want to be? Or are we here not just to set those goals and say, “That’s where I want to be,” but also to outline, “and this is the way we get there?” Now, there is no question that there is a divide, an appropriate divide, between the legislative function and the administrative function. There is no question that there are things that we can’t legitimately put in legislation because it’s got to be handled by the administrative agencies actually carrying out the programs. But, Ladies and Gentlemen, we are falling far, far short of that in this bill. Now by all accounts, the Governor gave a good speech yesterday and laid out in pretty good detail exactly what the program’s going to be. We 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 heard more of those today -- details today from the Senate sponsor. We heard a lot of talk about co-pays and premiums, out- of-pocket expenses, promises - which there have been public and private - of expedited payments to providers and the money we’re going to save through a managed care program. Exactly none of that is in the bill before you. There is very little substance in the bill that you are getting ready to vote on. In fact, there are less than a third as many new words in House Bill 806 than there are collectively in the three press releases that the Governor’s Office has sent out promoting the program. There is something wrong with that. Now, when you can’t have it in front of you, when you can’t read it in the bill, then that leads you to only one other area you can go to in order to believe that something that’s going to happen. You’ve got to have trust and you’ve got to have confidence if the administration is going to carry out what all of you want, what all of us want. The Governor laid out a very laudable goal. It’s one that I believe every person in this General Assembly shares, every single person. I’ve been here for eight years. I’ve never spoken to one person, Republican or Democrat, who didn’t want more citizens in this State have access to affordable health insurance, and I hope we don’t cheapen this debate by assuming that the people who question this specific proposal don’t believe in that goal. But, Ladies and Gentlemen, do you have reason to trust what’s going to happen in these rules? Do you? The administration that told you they would solve our deficits and we’ve got on-going deficits. The administration who told you we could spend six hundred million dollars in the first year of our budget, and the first year they were in office, by selling the Thompson Center and selling the casino licenses, when neither of those happened. The administration that told you we should embrace their savings initiatives ‘cause it will save us six hundred million dollars. The Auditor General came out and said, “Well, so far we can count eleven, eleven million dollars.” And then for those who voted for the budget last year, and then were appalled and shocked to learn that the Governor was rolling out ten million dollars, ten million dollars that you gave him, to fund an embryonic stem cell research program. And I read the press clippings and saw how many Members who voted for that budget were appalled by that. 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 And you know what? I believe every one of you. I believe every single one of you did not know anything about that and that you objected to that. By the administration’s…
PRESIDING OFFICER: (SENATOR HENDON) Senator.
Thank you. By the administration’s own count, you are going to hand over to them a program that is five times that size. Once you vote on this bill, it’s gone, and your control over it is gone. Please vote No.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Further discussion. Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. To allude to something that the previous speaker referenced, I was aware and applauded the Governor’s actions as did Minority Leader Tom Cross, and all I can say on the issue of stem cell research is that - and I know we’re not talking about it right now - all I can say is that this Governor did precisely the same thing with his executive powers as the President did with his executive powers to chill stem cell research in this country. So, if executive prerogative is good for you in one respect, you can’t turn around and argue that it’s not good in other respect when the same thing’s being done, just because you don’t like the outcome. Mr. President, to the bill. I rise in - - strong support of the ALL KIDS Program and of the President’s legislation. This is indeed a central question of responsibilities and I think that we should give a great deal of credit to the repositioning of the KidCare and FamilyCare programs and the Medicaid Program in this State so that we can indeed reach those -- families and those children who, obviously, have not been reached. Earlier today, there was a report that Wal-Mart, one of our nations largest employers, of their 1.33 million dollar - I’m sorry - of their 1.3 million employees in this country, forty-six percent of their dependent children were either uninsured or on Medicaid. If you went and got breakfast this morning, the person who made your breakfast in the kitchen at that restaurant, my guess is they work hard, they play by the 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 rules, they come to work every day, they want to provide a better way for their family, they get paid by the hour, they don’t have health insurance. The waitress who put the meal in front of you, she didn’t have health -- she didn’t have health insurance. If you got in the car and went and got gas, if you didn’t pay at the pump and you went and you paid inside, that person, I bet you they work forty hours a week. They’re working hourly. They don’t have health insurance. And as you look throughout the people who you encounter in your daily routine, people who we -- who we think of kindly, people who we appreciate our brief encounters with them - if you look at all those people, if you look at how our economy has evolved, increasingly they don’t have health insurance for their children. If you -- what I would suggest to the opponents of this proposal, Mr. President, is that you do the same cost-benefit analysis that Blue Cross and Blue Shield did when they decided to begin spending a million dollars a year to help enroll more children into KidCare because they’re tired of the cost-shifting. They’re tired of people taking their kids to emergency rooms for routine medical treatment and they’re tired of this program -- they’re tired of this problem escalating out of control. We’re here -- addressing this today because there are too many lives that are being untouched, and if -- Mr. President, Ladies and Gentlemen of the Senate, one final comment…
PRESIDING OFFICER: (SENATOR HENDON) Thank you, sir. One final comment, sir.
I would certainly hate if the debate on this issue would degenerate into the television commercial that offended so many of us, where the man in the helicopter looking out over Soldier Field, who maybe had a scoop of vanilla ice cream for us at the end of his trip, suggested that we were being overrun by those whose country was not our country of origin and that they were undoing the social fabric and the economic fabric of this State. Let’s not go there. We can do better.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion. Senator John Jones.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 He indicates he will. Senator John Jones.
Well, President Jones, I’m going to go there because it happens to be a big issue in my district and I don’t think there’s anybody in this Body that cares more about kids than I do, and we want to see the kids taken care of. And I, along with Representative {sic} Radogno, I totally agree that we’re -- we’re pleased that the Governor brought this to the forefront. But six days is not enough time to debate such a gigantic bill. So, I’m going to ask you the question once again, since you’re the sponsor of the bill, House Bill 806, is it your intent to cover illegal immigrants in this bill?
PRESIDING OFFICER: (SENATOR HENDON) President Jones.
It is my intent to pass this bill. I have not been in discussion to that degree. Now, it is my intent to take care of those five thousand children who are working in your district making between forty and eighty thousand dollars a year who have a job, who cannot afford insurance. This is what this bill address.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
Well, I -- I have a piece of paper here that has Governor Rod Blagojevich’s name at the bottom of it, Governor of the State of Illinois. It says, “ALL KIDS Healthcare for All Kids,” and it says, “Who will be eligible for ALL KIDS? Children through the age of eighteen who are Illinois residents would be eligible. Every child would be eligible regardless of income, current health conditions, or citizenship.” So, the Governor’s saying this, but you also said earlier that -- and I think you may want to correct this, you also said earlier that JCAR was going to be making the rules. I look in the bill here and it says the Department is -- is required to develop rules to address the following items: eligibility, annual renewals of eligibility, pre-enrollment and the list goes on. So, is it JCAR or is it -- is it going to be the Department?
PRESIDING OFFICER: (SENATOR HENDON) 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 President Emil Jones, Jr.
Well, I’m sorry that I said it that you misunderstood. I assumed you understood when I said JCAR, we know for any law that we pass through the various agency, that agency -- promulgate the rules which goes to JCAR. So, I thought you knew what I was talking about when I said JCAR. But I’m sorry that, you know.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
Say, you referred to the number of children in my district, I’m very well aware of that. On October the 10th was the first day, I believe, the Governor started his fly-around over the State promoting this program and my hometown happened to be one of the first stops he made. Now, while he was in Mt. Vernon, in my hometown, promoting this program, I was in Olney in Richland County in my district meeting with the Richland Memorial Hospital, trying to explain to them why we hadn’t paid ‘em the 1.8 million dollars that we owed them, and then an hour later I go down the street about ten blocks to the Weber Clinic and try to explain to them why we’re not paying the 1.1 million that we owed them, and then I drove to Effingham and met with a pharmacy there, and when I walked in, the gentleman that owned the pharmacy was in tears because we owed him two hundred and eighty- five thousand dollars. He had put a second mortgage on his pharmacy. He’d put a second mortgage on his home, and that morning in order to pay his providers, he had went to the bank and drawed out his kids’ college funds. You know, we can’t pay for what we are doing right now and then we’re going to expand a program like this in the State of Illinois. You say that we’re going to pay these providers, these doctors, within thirty days. What’s the difference between paying them in thirty days and paying the providers that we already have out there that we’re not paying? Why don’t they deserve to be paid in thirty days also?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones, is that your last question, sir?
No, one more. 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005
PRESIDING OFFICER: (SENATOR HENDON) One more, sir. President Emil Jones.
Senator Jones, my brother, let me explain this to you. Treasurer Topinka is still holding some money, impounding it, and perhaps you should have told the -- the hospital administrators down in your district is that’s why they haven’t got their pay. It’s written into the bill -- it’s written into the bill that the physicians rendering services be paid within thirty days, as well as the fact that the first of the year their rate -- they’ll get a rate increase. Now, we’re not talking about expanding Medicaid. You keep talking about cost -- it’s going to cost. What you’ve failed to realize or failed to look at or you fail to admit, those persons will be paying for this insurance coverage, but it will not be as high because they’re all grouped together so you’d be able to have a lower rate. It’s not free, as you on that side of the -- of the aisle try to purport. It’s not free. Those four to five thousand children in your district want the same things, Senator Jones, that you have and they’re willing to pay for it. It -- they’re not getting anything free, even though you pay a low rate and the taxpayers of Illinois subsidize yours. That’s all that this does.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones, for his final question.
Have one more question, but I want to follow-up on that, on the thirty days, because can you show me in the bill where it says that they will be paid in thirty days?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones, you -- you’re going to -- I asked you for your final question. I ask that you respect that. Senator John Jones.
You know, I made a statement to the citizens that I represent, about two hundred and ten thousand is what we represent in our districts. I made a statement to those folks on Monday before we arrived here that it was a shame we was going to come up here and ram something through like this in six days and now you’re trying to do it in one hour. We can surely spare a 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 few more minutes. I would like to…
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones. Senator Jones, I -- I resent that. I am the Presiding Officer of the day. I have respected every speaker. I am going to respect you, also. There will be further debates during this Session and I will remember those who respect the Chair and those who don’t. If you have a final question, please answer it, sir -- ask it, sir. Senator John Jones, you have the Floor, sir.
Okay. My -- my final question then, Mr. President. The income level you’re talking about is between forty and eighty thousand dollars? Is there anything in this bill that talks about assets, because I -- I know some people that may have a million or two million dollars worth of property, but their income is only shown as maybe fifty or sixty thousand dollars a year. Is there anything in this bill, is there any wording in this bill anywhere that talks about assets?
PRESIDING OFFICER: (SENATOR HENDON) President Emil Jones, Jr.
It is not in the bill as such. However, you go to those constituency that you claim to represent that earn that amount of money and you ask them about their assets as whether or not, you know, they have forty to fifty million dollars or a hundred million dollars in assets. We’re talking about middle-income and lower-income folks who earn between forty and eighty thousand dollars a year who cannot -- whose companies do not offer them any insurance and they can’t get their insurance in the private sector because of the high cost of it. It’s just -- you haven’t got to be a rocket scientist to understand that. It’s very simple.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion. Senator Crotty.
Thank you very much. You know, it’s not too often that I get up to speak about a bill, and as I knew that this bill was going to be called today, I started to write a few comments down and then I just stopped because I think there’s a lot of faces to 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 this bill. It’s our constituents that come in our office. It’s a lot of hospitals that we meet with that you start to hear through the hospitals about the working poor. And those are the people that come in, that both parents are working, don’t have insurance, and that’s the charity cases that our hospitals come to us with. My -- my district is pretty diverse, and as of yesterday, I had four phone calls against the bill and I had two hundred and eighty-two for the bill. But I’m going to put another face to this bill and that might be that of my own and my family. It wasn’t -- it wasn’t under this administration and it wasn’t companies that were, by previous speakers, maybe squeezed out, but in the early seventies, both my husband and I worked for National Tea Food Chain, both of us in management, and it closed and left us with three sons that we were raising and ourselves without insurance. Now, as parents and as an adult, we can say to be careful. We can certainly self-medicate ourselves. But when the kids are sick, and my middle boy who had strep, had that strep germ go down and attack a kidney and was hospitalized in two different hospitals, St. Luke Presbyterian and Palos Community. When I say that there is many faces, there’s many feelings. Today I stand here with insurance and many times we tend to take those things for granted, but it’s not until the day that any of us, and I’m -- I’m sure I’m not the only one, whether we be on the Floor of the Chamber or whether we sit in the galleries, that have found ourselves in those situations. So, today it certainly has brought me back to those days in the eighties and then in the nineties when we were both working again, but my husband’s company closed - it was a steel manufacturing company - that we found ourselves in that predicament again. And when you have children now in high school and they’re playing sports, you certainly are praying that they’re not hurt and that I don’t have to take them into the hospital. So today I’m putting my face to this bill and saying many of us take so many things that we have today for granted, and it can just take one turn, not of our own accords, that we could find ourselves in a completely different picture and a scenario. All of us have talked or many of us have talked about our constituents, having two hundred and ten thousand people in that district. Today we’re sent here to represent those people 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 and all the different faces out there, some that aren’t going to talk about their situations as readily as I am, but the one thing that I do know is all of us are here because we want to represent those people. So, for not only the financial aspects to those faces that I’ve put on today, hoping to bring your attention to, but also, emotional. Every day when -- those kids are going out playing, you always have in the back of your mind that you don’t have insurance. So today I’m asking all of us to put every political argument away, remember that there are people right now that don’t have that security and we have an opportunity to at least give them that opportunity and work together as this bill progresses. So, with that, I ask for everybody’s support. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Thank you. Senator Syverson.
Thank you, Mr. President. I, too, like -- I, too, like, Senator Jones, have concern that -- that we’re taking the -- the most largest expansion of healthcare the State has ever done and limiting time of debate and limiting number of speakers and calling the question of something as important as this, I wish we could take certainly more time to address it. You know, we all want to help those individuals that don’t have coverage. There’s more than one way to do it. We believe that there should be -- that we should address the real problem which is affordability and availability of healthcare for children, not that the solution becomes a one-size-fits-all government Medicaid system that we’re putting the children into. We want a system where children can go to the same doctors as their parents. You know, President Jones said that we want the same healthcare that we get. Well, this is not doing that. He can choose any doctor to go to. He can choose any hospital or provider to go to. This legislation doesn’t do that. This is putting everyone into a Medicaid system. In fact, if I would -- we took a survey here of every one of your doctors and every one of your dentists, I’m willing to bet the overwhelming majority of your doctors and dentists will not take one of these children under this plan. They will be -- because they don’t accept Medicaid rates or Medicaid patients. To the issue of cost-shifting, the President 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 said forty percent of our healthcare cost is due to cost- shifting. You know, if that were the case, when we put two hundred and fifty thousand children onto KidCare, how come the rates for our State’s healthcare didn’t drop by forty percent? We’re not adding two hundred fifty thousand this time, yet we talked about the savings that will occur. There is an issue about crowd-outs and I guess that’s -- I want to make sure we talk about, and maybe even a question for the sponsor. The Governor said that this plan is going to be limited to first year, that maybe fifty thousand children are going to sign up on the plan. Under the Governor’s own PowerPoint presentation, he states in here that we anticipate ten percent of individuals in private healthcare will switch to ALL KIDS plan. According to the Governor, ten percent of the two million children currently under healthcare. That’s two hundred thousand children that already have insurance will be cost-shifting or going onto this plan. Again, how are we going to afford to pay for that? The issue has already been raised about the number of individuals coming from out-of-state. If we don’t think or if you don’t think that there’s going to be a move-in, look at the other states that have implemented this plan. Look at TennCare in Tennessee, a plan that is going bankrupt, a plan that’s just taken three hundred thousand people off of their plan because they can’t afford it. Ask them how many people flocked into that state for coverage.
PRESIDING OFFICER: (SENATOR HENDON) Senator, could you bring your remarks to a close or ask your question please, sir?
Let’s wrap this up. Oregon, another state - program started at fifty million a couple years ago. This year Oregon - three billion dollars, and they said the biggest problem is the number of people moving in from -- from Washington and from northern California. This legislation has no residency requirement and we are going to see, not just for healthcare, but for mental health, dental, vision, we are going to see individuals coming to this State. We want to help the people of our State that are falling through the cracks. We cannot afford to be helping every other family in this country that wants to come here and take advantage 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 of this program. We believe in a choice plan, a plan that’ll give children a choice to go to the same doctors as their parents. We’re hoping that we’ll reject this plan. Let’s sit down and come up with a plan that will address the needs of the children of this State, not in this way, but in a way that’s going to do it in a compassionate way that’ll be the best for the citizens of Illinois. We urge that you say No to this and let’s go back to the drawing board. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Final speaker before President Jones, Senator del Valle.
Thank you, Mr. President. Some have referred to this proposal as an expansion. I like to think of it as a process that started some time ago in Illinois to reform our healthcare system. You know, and I kind of compare it to what we’ve done with education over the years. I haven’t heard many people complain about the fact that we’ve had several waves of education reform in the State of Illinois over the last decade and we’ve done so in order to continue our effort to improve education. Here we are dealing with healthcare and we’re engaged in a process to reform, and reform means improve our healthcare system in the State of Illinois. Reform means making our healthcare system more effective, more efficient, and making sure that our residents in the State of Illinois have access to adequate healthcare. And so this is a process of reforming and we’ve taken a major step and we took a major step when we adopted KidCare, thanks to the leadership at the federal level that told us that we could do KidCare. It was a goal of the federal administration to make sure that every child in the country has access to healthcare. Now, what we’re doing with this proposal is we’re taking that a step further and we’re saying that middle- class families, working families in the State of Illinois, that have for a number of reasons been left out, and many of them - how many have had to file bankruptcy, bankruptcy? Not because they are irresponsible, not because they are deadbeats, but because they have not been able to handle their healthcare bills because of hospitalizations that were unanticipated, because of healthcare problems that developed, and so they find themselves not being able to pay their debt to the healthcare providers. 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 Let me, just quickly, Mr. President, address the issue of children and undocumented children, because it‘s been brought up several times here. Let me remind everyone that in 1986, the federal government created the Emergency Medicaid Law to pay for healthcare expenses when undocumented children, among others, are sick enough to be hospitalized with an emergency medical condition. We have been providing emergency room services to undocumented children for a long time, forever. This is nothing new. And let me say that in 1982, over twenty years ago, the U.S. Supreme Court settled the matter, the matter of undocumented children, when the U.S. Supreme Court said that we cannot deny undocumented children access to public schools, arguing that denying education to these children unduly punished them since the parents, and not their children, were the ones who brought them here. And so, these are the same children that attend our classrooms throughout the State of Illinois. Now, what we’re saying when we talk about healthcare is that we want to make sure that these children who attend our schools with our American citizen children have access to healthcare, so that if they’re sick, if they need immunizations, if they have a communicable disease, it can be treated, so that all children are protected. Doesn’t that make sense, given that we’re already providing healthcare services? And doesn’t it make sense to allow families with an income of forty to eighty thousand dollars that are residents of the State of Illinois, as defined in this bill, where the definition used by the Revenue Department has been used, doesn’t it make sense to allow them to pay - pay - for health insurance and to pay co-pays? Doesn’t that make sense? If we eliminate the emotional argument, the debate regarding immigration in this country, we’re going to have to say it makes a lot of sense. It’s a logical step. And so, I think we ought to be proud of the leadership of the State of Illinois and I commend the Governor for putting forth a proposal that allows us to continue our quest towards the day when everyone, regardless of who they are, does not have to worry about how they’re going to pay a doctor’s bill. Not in the richest country in the world. This is not…
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. The Chair would like to recognize and 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 welcome the Governor of the State of Illinois, Governor Rod Blagojevich. Let’s welcome our Governor. President Emil Jones, Jr., to close.
Thank you, Mr. President. I finally discovered what’s wrong with this bill, because the opposition to the bill on the other side said that they want to really commend the Governor for putting forth this legislation. Perhaps if it had came from one of you, if you had been doing this job, it -- it would have been great. You-all care about the uninsured. A -- a person on the other side of the aisle talking about going to Congress. And usually when you speak on the Congressional Floor, you’re there only speaking to some cameras, but here the Members are in their seats, and when you talk about jobs, if you had read the recent report from the Bureau of Employment Security, for the first time in eight years the number of jobs have increased month after month after month. For those who were talking about Illinois will become a dumping ground, if a person’s earning between forty and eighty thousand dollars a year can find a job in Illinois that’s going to pay him that money, and they will be paying for insurance, so it will not become a dumping ground for free insurance. This is a pay program. Throughout the districts, I look at suburban Cook County and the collar counties, over seventy-seven thousand children in the collar counties have no healthcare insurance. These are working men and women who should have the same thing for their children that you have sitting on this -- on this -- on this Senator Floor, fair and equitable. You said the taxpayers are going to have to pay. They’re the ones that are going to pay, but the taxpayers are paying for you, but you’re not going to tell them when you go back to your district that they paying for mine, but I don’t want you to have yours paid for. That’s the issue. Quit playing games with a good program as all of you have admitted. If it’s a good program, stop the politics - give every child an opportunity to have a fair and equitable healthcare insurance. They deserve it, you’ve admitted that. I’m going to tell the Governor who I see on the Floor. Take his name off it. Maybe I’ll put the one who want to be named on there, then he’ll get -- get elected, so I better not do that. But that’s the right thing to do. Oh, it’s 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 57th Legislative Day 10/26/2005 a great bill, great, but it’s not the time. Children need insurance now. Why should we wait? Parents are willing to pay for it. In southern Illinois, I see a Member’s district down there. Know how many children in his district are uninsured? Nine thousand. Nine thousand kids do not have insurance in Jackson County. Go to the people in Jackson County and tell them, tell them that my insurance is paid for, subsidized by the taxpayers of Illinois, but I don’t want you to have the same opportunity. That’s the issue that we got to confront ourselves with. And my good friend who -- who bears my namesake, that’s the cousin that he just told me he was my cousin. Be it the City of Rockford, be it any city around this State where you have working families - working families - the KidCare Program take care of those who are unemployed. Working families making forty and eighty thousand dollars a year. But you’re always going to find an excuse. “Oh, they may own ten million dollars in property.” Any excuse to keep from doing the right thing. The right thing to do, be it Macon County, Jackson County, up there in Rockford, you name it, the right thing to do if you -- are genuinely sincere in what you said during the debate. Oh, it is very laudable to be concerned about the taxpayers, but the people are paying for it. It’s not Medicaid or Medicare. It’s not either one of those. They are paying for it. How come you don’t call your own health insurance welfare that’s being subsidize? Give them the same opportunity that you have. I urge a Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 806 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 32 voting Aye, 23 voting Nay, 2 voting Present. House Bill 806, having received the required constitutional majority, is declared passed. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 9 a.m. on Thursday, October 27, 2005. 9 a.m. The Senate stands adjourned. 78