PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 94th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Reverend Martin Woulfe of the Abraham Lincoln Unitarian Congregation in Springfield. Reverend.
(Prayer by the Reverend Martin Woulfe)
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Reading and Approval of the Journal, please.
Senate Journal of October 25, 2005.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter.
Mr. President, I move that the Journal just read by the Secretary be approved, unless some Senators have additions and corrections to offer. Mr. President, I move to postpone the reading and approval of the Journal of October 26th, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter, just one second, please. On your first request the reading and approval of the Journal we’ll move to approve the Journals just read by the Secretary. Those being -- no objection, so ordered. And now on -- on the second motion. We need Madam Secretary -- I -- I don’t need -- I apologize. Would you -- read that motion again?
…President, I move to postpone the reading and approval of the Journal of October 26th, 2005, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Hunter moves to postpone the reading and approval of the Journal, pending the arrival of the 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 printed transcripts. There being no objection, so ordered. Madam Secretary, resolutions, please.
Senate Resolution 491, offered by Senator Silverstein. It is a death resolution.
PRESIDING OFFICER: (SENATOR DeLEO) Resolutions Consent Calendar. Madam Secretary, Introduction of Bills.
Senate Bill 2149, offered by Senator Sullivan. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in passage of a bill of the following title, to wit: Senate Bill 273, together with House Amendments 1 and 2. Passed the House, as Amended, October 26, 2005. We’ve received like Messages on the following bills: Senate Bill 293, with House Amendment 1; Senate Bill 319, with House Amendment 1; Senate Bill 331, with House Amendment 1; Senate Bill 1213, with House Amendment 1; Senate Bill -- pardon me, 1620, with House Amendment 1; and Senate Bill 1843, with House Amendment 1. All of which, passed the House, as Amended, October 26, 2005.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Messages, please.
A Message for the Governor by Joseph B. Handley, Deputy Chief of Staff for Legislative Affairs, October 25, 2005. Mr. President - the Governor directs me to lay before the Senate the following Message. To the Honorable Members of the Senate, 94th General Assembly - I have nominated and appointed the following named persons to the offices enumerated below, and respectfully 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 ask concurrence in and confirmation of these appointments of your Honorable Body.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson, for what purpose do you rise, ma'am?
Thank you, Mr. President. For an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement.
I would like the record to -- reflect that Senator Silverstein will not be here today due to business in his district.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The record will so reflect. Ladies and Gentlemen, for purposes of announcement. We will be going to 3rd Readings. We will be going to Senate Bills 3rd Reading. So, all Members within the sound of my voice, please come to the Floor immediately. Please come to the Floor immediately. We’re going to try and do some Senate Bills 3rd Reading and hopefully leave here in a timely fashion. Please come to the Floor. Senator Link, for what purpose do you rise, sir?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Well, Mr. President, I made a vow at the beginning of the week to the President of the Senate that I wouldn’t talk about something all week. So, I’ve refrained from talking about that all week. But I think current events that happened last evening makes me take back my word of not talking about it. And if I were allowed to talk about it, I may talk about a current event that happened last night that ended an eighty-eight-year wait for all Chicago White Sox fans and brought a World’s Championship to the City of Chicago and the State of Illinois. And that if I were allowed to talk to it -- about -- the President would let me talk about this, I would say that we -- of all of us that may be considered middle-aged men, that our -- our -- our boyhood frustrations and going to bed with tears in our eyes because our 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 team lost, we now can go to bed with tears of joy like we did last night. And I would ask the President, if I were allowed to talk about this, that he may extend an invitation to Mr. Reinsdorf and all of the Chicago White Sox to come down to Springfield and show us something that no one in this Chamber, no one in this Capitol has ever seen and that’s a World Series trophy in our State. And I think we all commend the Chicago White Sox. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) A true, true Sox fan. Senator Maloney, for what purpose do you rise, sir?
Just a comment, Mr. President. I’d just like to say as southsider living in Chicago, we do have two favorite teams. The White Sox, of course and whoever plays the Cubs.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, for what purpose do you rise, sir?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
On behalf of one of the teams that -- for whom Senator Maloney has great affection when they play the Cubs, the Cardinals, we offer our heartfelt congratulations to the Chicago White Sox. And look forward to a day when we have that I-55 Series and we bring that great trophy home to St. Louis, where it rightly belongs.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much for your remarks. Senator Hunter, for what purpose do you rise, ma'am?
A personal -- privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, ma'am.
Being that the White Sox is in my district, I just want all of you all to know that I’ve attended every single game that was played in -- the White Sox -- this is -- the playoffs, the 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 championship series, as well as the World Series. And I was hanging out with Jack Rooney in the U.S. Cellular booth all during that time and just watching the excitement of -- of everyone in the -- in the entire building, up and down the streets, and all Chicagoans. As well as, residents of the State of Illinois are to just be so -- so happy to know that we finally made it to the World Series and we actually won. And, Mr. President and to the Governor, it’s really unfortunate that you all have decided to -- stick with the Cubs. However, this is for all of Illinois. You know, we’re not talking about south side or north side. This is all of Illinois. So, let’s all celebrate together. I was on the phone this morning with the U.S. Cellular Field and the -- the -- the White -- the White Sox are coming into Chicago. They’ll be on the 3 o'clock flight at Midway Airport. So, if anyone out there would like to just join us in the celebration show up at the Midway Airport. Thank you very much.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. The gentleman from Rock Island, still in the State of Illinois, Senator Jacobs.
Thank you, Mr. President. In the immortal words of Cub fans everywhere, “wait till next year”.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Geo-Karis, for what purpose are you seeking recognition, ma’am?
Mr. President and Ladies and Gentlemen of the Senate, I think the triumph of the White Sox was great. I always liked the White Sox, more so than the Cubs and I’ll tell you right now, what they did was phenomenal. What great team playing. What great unity they had and what great love they had for each other. It’s unparalleled. And I am so proud to know that the White Sox of Chicago won the whole world tournament. What a great thing for the State of Illinois and what a great thing for all of us. God bless the Sox.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Thank you for your remarks. Senator Petka, for what reason are you seeking recognition, sir? 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005
Well, thank you -- thank you very much, Mr. President. I’m very, very happy that we had a slight waiver of the dress code here this morning. As some of you may know, I was born on the southwest side of the City of Chicago, right in -- in the -- the heart of Sox nation. I’m actually a genetic Sox fan. My dad was born and -- and raised in Bridgeport, six blocks from White Sox - - from the ballpark, old Comiskey Park. I’ve been told by my mom that after I said, “momma and papa”, I said, “White Sox”. My first words. But very, very -- candidly I’m very happy for all of those who -- of us who have literally lived a lifetime waiting for this day to occur. For some of us, the -- being a sports fan is very, very, very close to almost gaining of salvation into heaven. And, right now we are living heaven on earth, being White Sox fans. So, I just want to say how proud I am of all of those who -- who have suffered through the years with the White Sox, who’ve stuck with them, for their fans, for the City, for the State and looking forward to, believe it or not, a repeat next year. So, thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Raoul, for what purposes are you seeking recognition, sir?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Thank you, Mr. President. I, too, as a long-suffering south side White Sox fan would like to extend my congratulations to the best team in Chicago. And I’d like to add to Senator Link’s request for invitation and -- and suggest that we also invite Mr. Bartman to come down with…
PRESIDING OFFICER: (SENATOR DeLEO) Senator del Valle, for what purpose are you seeking recognition, sir?
Well -- well, thank you, Mr. President. I, of course, also want to congratulate the Chicago White Sox and certainly, there’re some really hardcore White Sox fans who are Members of 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 this Legislative Body and I want to congratulate them. They’ve waited a long time. But I also want to, as a Latino, say that we’ve made history. Ozzie Guillen becomes the first Latino manager in history to win a World Series. And so -- and -- and so -- and we -- and we have a -- an African-American general manager who has also made -- made history. And so we’re very, very proud of that. And we have filed a -- a -- a resolution acknowledging these accomplishments and I encourage all Members to become part of the resolution recognizing Ozzie and -- and the Chicago White Sox Organization.
PRESIDING OFFICER: (SENATOR DeLEO) And finally our last speaker on this subject matter, President Jones, for what purpose are you seeking recognition, sir? President Jones.
Well, thank you, Mr. President. To get away from all the illusions and the folks dreaming, tomorrow is a -- is the birthday of one of our colleagues who -- who represents Wrigley Field and that’s John Cullerton. Let’s -- let’s deal with something real. We all know that -- and the -- Cub fans are very generous. We do recognize that the Cubs is Chicago’s team. It’s the nation’s team, but we let the Sox come in and play as a second-division team. And occasionally, second division teams get -- do get lucky. I’m -- I’m -- I’m being honest. So, we do recognize that we -- we appreciate what the Sox have done, being a second division team as relate to Chicago Cubs. So we wish them well, but always remember Chicago is Cub territory.
PRESIDING OFFICER: (SENATOR DeLEO) Okay -- okay. Ladies and Gentlemen, we do have to get some work done here. So, if you’d be so kind to turn you Calendars to page 2. On the top of page 2 of your Calendar is Senate Bills 3rd Reading. On the top of page 2, Senate Bills 3rd Reading is Senate Bill 595. Is Senator Garrett -- Senator Susan Garrett, do you wish to proceed, ma'am? Out of the record. Following Senate Bill 595 is Senate Bill 638. Senator Garrett, do you wish to proceed, ma'am? No. Out of the record. Senate Bill 700. Senator Link. Senator Terry Link, on Senate Bill 700. Out of the record. Senate Bill 809. Senator Martinez, on Senate Bill 809, ma'am. Do you wish to proceed? Out of the record. That 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 brings us to Senate Bill 830. Senator Crotty. Senator Crotty, do you wish to proceed? She indicates she wishes to proceed. Senator Crotty seeks leave of the Body to return House {sic} (Senate) Bill 830 for the purposes of a Floor amendment. Now Senate Bill 830 is on the Order of 2nd Reading for the purpose of -- amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 830. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Watson.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson, to explain the amendment. Senator Watson.
Yes. Thank you, Mr. President. The amendment adds Bond County as one of those counties that will be under the purview of the Southwestern Illinois Economic Development Authority.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Watson moves the adoption of Amendment No. -- Floor Amendment No. 1 to Senate Bill 830. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Now on the Order of 3rd Reading is Senate Bill 830. Senator Crotty, do you wish to proceed? She indicates she wishes to proceed. Giving the direction back to Senator Watson on the amendment, which now becomes the bill. Senator Watson.
Yes. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Excuse me one second. Madam Secretary, please read the bill. We have to read it for the 3rd time. SECRETARY HAWKER: Senate Bill 830. (Secretary reads title of bill) 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Watson.
Yes. Thank you very much, Mr. President. And -- and that’s accurate. This now becomes the legislation and I want to thank Senator Crotty for giving the people of Bond County the opportunity to take advantage of an economic development tool that is very helpful to those of us in southwestern Illinois and that is the Southwestern Illinois Economic Development Authority. They do help local communities and counties and others who are trying to attract industry and jobs to the people that we represent and this is an important issue for Bond County. There -- the Southwestern Illinois Economic Development Authority now involves Madison, St. Clair and Clinton. Clinton was added last year. I have a resolution from the Bond County Board, a -- a letter from the Mayor and the -- a vote of -- from the Council of Greenville, all in support of the -- of this legislation. So, there is no opposition and I appreciate your support.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall Senate Bill 830 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? Madam Secretary, take the record. On that question, there are 53 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 830, having received the required constitutional majority, is declared passed. Okay. Continuing on Senate Bills 3rd Reading is Senate Bill 1283. Senator Link. Senator Link seeks leave of the Body to return Senate Bill 1283 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading. Madam Secretary, Senate Bill 1283. Are there any amendments approved for our consideration?
Yes. Floor Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link, to explain your amendment, sir.
Thank you, Mr. President. This basically is an amendment. 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 It’s a trailer bill for the workers compensation bill that we passed last spring. Just to clarify a medical fee schedule and a utilization review apply and to some effective dates. Be more than happy to explain further on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Okay. Senator Link moves the adoption of Floor Amendment No. 1 to Senate Bill 1283. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, -- are there any further Floor amendments approved for our consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading comes Senate Bill 1283. Senator Link, do you wish to proceed? Madam Secretary, he indicates he wishes to proceed. Please read the bill.
Senate Bill 1283. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Thank you, Mr. President. This is the trailer bill on the changes we made in Workers’ Compensation Act last spring. It clarifies the medical fee schedule and utilization review that is applied. It permits Workers’ Compensation Advisory Board review advisory insurance rates. It changes the effective date to February 1, ’06, instead of immediate. This is, -- again, with the agreement that we had from the beginning that all sides would agree and all sides have agreed on these changes.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Senator Cronin, for what purpose do you rise, sir?
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in support of the -- the bill. This is a -- a -- 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 a clean up. There was some oversight. There was a few drafting oversights with the bill that was passed last Session, at the end of last spring. And Senator Link has done a -- a good job in bringing all sides together. Everyone’s in agreement and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Link, to close, sir.
I just would ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall Senate Bill 1283 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1283, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 1990. Excuse me. Senator Hendon, for what purpose -- okay. Going back to Senate Bills 3rd Reading. Senate Bill 1990. Senator James Clayborne, sir. Do you wish to proceed on 1990? Out of the record. Senator Clayborne, on 1991, sir. Out of the record. Ladies and Gentlemen, continuing on page 2 of the Calendar becomes House Bills 3rd Reading. On the bottom of page 2 is House Bill 466. Senator Raoul, do you wish to proceed in 466, sir? Out of the record. Senator Jacqui Collins, on -- Senate {sic} Bill 481, ma'am. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, please read the bill.
House Bill 481. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.
Please take it out of the record.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Thank you, ma'am. Madam Secretary, please take 481 out of the record. Continuing on page 3 of the Calendar is 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 Senate -- House Bills 3rd Reading. On the top of page 3 is Senate -- House Bill 692. Senator Haine, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 692. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This House bill is an initiative of the Petroleum Marketers. They represent all of those people, small and large, that run service stations. It creates the offense of motor fuel theft, similar to retail theft. Makes it easier for a State’s attorney to prove that. I know we’ve all been inconvenienced, angered maybe, by driving up to a pump and -- and have a sign say you have to go in and pay before the gas is pumped and this is because of -- drive-offs. Given the price of gas these can be large -- losses to the retailer, not to the big company. And this -- the Retail Merchants support this and it just makes it easier to prove. There’s a civil component, there’s a suspension of driver’s license upon a -- conviction of this offense. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, the question is, shall House Bill 692 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 57 Ayes, 0 voting Nay, and 0 voting Present. House Bill 692, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 708. Senator John Sullivan, you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill. Madam Secretary, Senator Sullivan seeks leave of the Body to return House Bill 708 to the Order of 2nd Reading for the purposes of 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 708. Madam Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator John Sullivan.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan, to explain your amendment, sir.
Thank you, Mr. President. The amendment becomes the bill. I’d be more than happy to discuss it on 3rd.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Sullivan moves the adoption of Floor Amendment No. 1 to House Bill 708. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading comes House Bill 708. Senator Sullivan, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill.
House Bill 708. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 708 amends the Illinois Vehicle Code with regard to exemption from hours of service restrictions for the delivery of Ag commodities. The federal government provided in - - in the highway bill that was signed in August, provided this relief for the exemption from hours of service regulation. What this is, is in the trucking industry you’re allowed so many hours to be on the road behind the wheel of a truck. Federal government during the peek time of the year during harvest, 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 during the spring planting season, because of the -- the need to get a crop in and also a crop harvested to get it out they -- the federal government has given an exemption to the Ag industry for the pickup and delivery and the time spent behind the wheel of a truck. What -- what this legislation does is simply codifies in Illinois under the Illinois statutes what the federal government has allowed us to do. I'd be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Senator Risinger, for what purpose do you rise, sir?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
This -- this is a good bill. It -- it does what the Senator said. It brings us in line with what the federal government has already allowed. So, it’s a good bill and I urge this side of the aisle to vote Aye.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Sieben, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
I also rise in support of Senator Sullivan’s legislation. And this is a critical piece of legislation for agriculture. As we know agriculture is Illinois’ number one industry and I would urge all Members to vote Aye.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay. The question is, shall House Bill 708 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? Madam Secretary, please take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 708, having received the required constitutional majority, is declared passed. House 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 Bill 1088. Senator Link, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 1088. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Thank you, Mr. President. House Bill 1088 increases the penalty for possession or the use under -- under certain circumstances of a fraudulent identification card or identification card making equipment. First offense the penalty is a Class 3 felony. Second and subsequent offenses are Class 2 felony. I do not know of any opposition.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Is there any discussion? Seeing no discussion, the question is, shall House Bill 1088 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? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 1088, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading. Senator Garrett, on 1142, ma'am. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, please read the bill.
Senate {sic} Bill 1142. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
Thank you, Mr. President. House Bill 1142 extends the maturity date for the Mount Prospect TIF district from twenty- three to fifty -- to twenty-three to thirty-five years after the August 20th, 1985, ordinance. This has been supported by the schools, the libraries, the mayor, and I think that covers 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 everything. Park district. So, there’s no opposition. It passed the House without any problems.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Seeing no discussion, the question is, shall 1142 -- House Bill 1142 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 Ayes, 1 voting Nay, 0 voting Present. House Bill 1142, having received the required constitutional majority, is declared passed. House Bills 3rd Reading is House Bill 1716. Senator Halvorson, do you wish to proceed, ma'am? She indicates she wishes to proceed. Madam Secretary, please read the bill.
House Bill 1716. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson.
Thank you, Mr. President. House Bill 1716 allows the Department of Veterans Affairs to hire a nurse who has a license application pending in the State as long as such nurses are in compliance with the Nursing and Advanced Practice Nursing Act.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Millner, for what purpose do you rise, sir?
Thank you, Mr. President. This bill came through the State Government Committee without any opposition.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, the question is, shall House Bill 1716 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 1716, having received 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 1731. Senator Forby, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 1731. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby.
House Bill 1731 is the extension to a TIF bill and it’s in Marion, Illinois -- with the City of Marion. Mayor Butler’s for this. The community schools wrote letters on this and John A. Logan College wrote this. And what this does, extend it from twenty-three to thirty-five years. By the way, Mayor Butler - a lot of people knows him from down south - he’s in the hospital in St. Louis now. So, he probably needs your prayers. He’s been a great guy, a great friend of mine. Only thing that we have a discussion with, in a primary or election he don’t vote for me. So, everything else, we work good. This is for jobs in Southern Illinois and this is about the -- one of the ways our main key is that we can get factories and stuff to come in. So, I ask you if you -- for your -- favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Seeing no discussion, the question is, shall House Bill 1731 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? Madam Secretary, please take the record. On that question, there are 56 Ayes, 1 voting Nay, 0 voting Present. House Bill 1731, having received the required constitutional majority, is declared passed. House Bills 3rd Reading. Page 3 of your Calendar is House Bill 2133. Senator Carol Ronen, do you wish to proceed, ma'am? She indicates she wishes to proceed. Madam Secretary, read the bill.
House Bill 2133. (Secretary reads title of bill) 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Ronen.
Thank you -- thank you, Mr. President. I appreciate your support. This House bill amends the Unemployment Insurance Act as it applies to household workers. Does not change any of the report -- thank you, sir. It does not change the people for whom you need to report. It -- it simplifies the process that you have to follow to -- file those reports and pay those taxes. This is an agreed bill between business and labor groups and I’m not aware of any opposition. I’m happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Senator Pankau, for what purpose do you rise, ma'am?
Thank you, Mr. President. This passed out of the Labor Committee unanimously. It’s a good thing. They don’t have to report it as often and all the details were taken care of. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, the question is, shall House Bill 2133 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 2133, having received the required constitutional majority, is declared passed. House Bill 2459. Senator Link, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 2459. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Thank you, Mr. President. House Bill 2459 adds a definition 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 of mental disorder to the Sexual Dangerous Act -- Persons Act defined as a congenital or acquired condition affecting the emotional capacity -- predisposes of a person to engage in acts of sexual violence. I know of no opposition to the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Seeing no discussion, the question is, shall House Bill 2459 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 2459, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 2612. Senator Raoul, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 2612. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.
Mr. -- thank you, Mr. President. House Bill 2612 amends the Sex Offender Management Board Act removing references to the -- Department of Human Services to clear up what -- what the default agency is -- under the Act. I ask for Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Is there any discussion? Seeing no discussion, the question is, shall House Bill 2612 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 2612, having received the required constitutional majority, is declared passed. On the bottom of page 3 in your Calendar, continuing on House Bills 3rd Reading is House Bill 2706. Senator Harmon, do you wish to proceed? He indicates he wishes to proceed. Senator Harmon 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 seeks leave of the Body to return House Bill 2706 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? That’s correct. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 2706. Madam Secretary, are there any amendments approved for our consideration?
Floor Amendment No. 3, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon, to explain your amendment, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The -- the House Bill 2706 itself is a technical cleanup bill initiated by the Department of Revenue. The amendment is additional technical corrections to alleviate the lingering concerns. I’d be happy to debate the full bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you -- thank you, sir. Is there any discussion? Seeing no discussion, Senator Harmon moves the adoption of Floor Amendment No. 3 to House Bill 2706. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading is House Bill 2706. Senator Harmon, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 2706. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon, to the bill, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2706 is a technical cleanup bill initiated by the Illinois Department of Revenue. It has several components. 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 None of them all that exciting. The Department of Revenue has authorized the dispose of confiscated tobacco products. There are technical cleanups regarding the issuance of bulk sale stop orders, the local Mass Transit District Act and the Illinois Lottery Law. The -- the most significant component is a -- a -- a final resolution of the Illinois bonus depreciation problem resulting from the decoupling of the -- with the federal law. I am not aware of an opposition. I believe we have reached a consensus with all parties and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Is there -- Senator Righter, for what purpose do you rise, sir?
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Thank you very much. Senator Harmon, I -- I apologize, and I -- I -- I have not doubt that your description of the bill as a technical cleanup is accurate, but sometimes some of us on this side of the aisle, when we’re blowing through business like this on a getaway day, and we look up on the board and we see that there’s a bill regarding taxes and forfeiture, we get the willies a little bit. I saw that in the House the bill drew eleven No votes. So, if you don’t mind would you be kind enough to walk through, in a little more detail, the provisions of the bill so we can feel a little more comfortable with it, please?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
Thank you, Mr. President. Thank you, Senator. I believe that the opposition in the House was to a provision that we have since deleted from this bill mandating the electronic fund transfer for -- gas station owners. That is out of the bill. The -- the remaining portions I really do not believe to be terribly controversial. I’d be happy to talk to you about anything in detail. Senator Lauzen, next to you, may be able to respond to some of your concerns.
PRESIDING OFFICER: (SENATOR DeLEO) 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 Is there any further discussion? Senator Lauzen, for what purpose do you rise, sir?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
I would just like to commend the sponsor for his work on this. What this does is it -- it fixes several things on the decoupling of -- of the State depreciation laws from the federal. What it does of a very positive nature is it fixes the sunset as been described, fixes the original federal use of life -- the use -- the use of that provision. I -- I can’t help but, once again, comment and encourage fellow Senators to think about what we do when we decouple from incentives for investment. I think that there’s an irony. And I -- I’m very much in favor of this bill. I’m going to vote Yes. I commend the sponsor for the good work that he’s done on this, but think about what the -- this bill has to is that when you get out of an asset, when you disinvest, in some cases when you get out of business -- go out of business and give up, that’s when you’re made whole under the Illinois depreciation rules. So, it was a bad idea to decouple. If we wonder why it is that people don’t make investments, we actually have now in the correction of this bill, which is a good thing to make it better. But the concept itself is when you get out of business you finally get to recover the cost of what you put into that equipment. It is exactly backwards off of what people usually do in order to make more investments and create jobs in Illinois. So, this is a good bill, a good amendment. The original was just -- it’s -- it’s based on a bad foundation. But I’m -- I’m voting Yes. I hope everybody else will, too. I commend the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Okay. The question is, shall House Bill 2706 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? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 2706, having 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 received the required constitutional majority, is declared passed. Ladies and Gentlemen, if you’ll turn your Calendars to the top of page 4, we’ll continue on House Bills 3rd Reading. House Bill 2900. Leave of the Body we’ll come back to that. House Bill 2943. Senator Sandoval. Marty Sandoval, you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 2943. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sandoval.
Thank you, Mr. Presidente. House Bill 2943 amends the Criminal Code of 1961. It makes a technical change in a Section concerning a person’s accountability for another person’s conduct. Creates an offense of tampering with security, fire and life safety system. Provides that a person commits the offense when he or she knowingly damages, sabotages, destroys or causes a permanent or temporary malfunction in any physical or electronic security, fire or life safety system or any component part of any of those systems. This provides that violation is a Class 4 felony. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no -- discussion, the question is, shall House Bill 2943 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 2943, having received the required constitutional majority, is declared passed. House Bill 3158. Senator Dillard. Senator Dillard, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 3158. (Secretary reads title of bill) 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Dillard.
…you -- thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill simply extends the sunset date for the Professional Geologist Licensing Act. I know of no opposition and would appreciate a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. The question is -- is there any discussion? Is there any discussion? Seeing no discussion, the question is, shall House Bill 3158 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? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 3158, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading, the middle of page 4 is House Bill 3478. Senator Viverito. Senator Lou Viverito. Out of the record, sir. House Bill 3814. Senator John Sullivan. Senator John Sullivan. Out of the record. Senate Bill -- House Bill 4025. Senator Demuzio, do you wish to proceed, ma'am? She indicates she wishes to proceed. Madam Secretary, please read the bill.
House Bill 4025. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio.
Yes. Thank you, Mr. President. House Bill 4025 amends the Downstate Teachers Article of the Illinois Pension Code regarding the board vacancies. It requires that if a vacancy occurs in the elective membership on the Board of Trustees in the -- with the retirement system for a term with more than six months remaining, the vacancy shall be filled through the election. Otherwise, the Board shall fill the vacancy themselves. I ask for a favorable vote. 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Senator Millner, for what purpose do you rise, sir?
Thank you, Mr. President. This bill also came through the State Government Committee without any opposition.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, the question is, shall House Bill 4025 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? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 4025, having received the required constitutional majority, is declared passed. Okay. Ladies and Gentlemen, if you turn your Calendars to page 9. Page 9 of your Calendar. On the top of page 9 is Motions in Writing Override Total Vetoes. Motions in Writing Override Total Vetoes. On the top of page 9 on the Calendar comes Senate Bill 57. Senator -- Senator Millner, do you wish to proceed on Senate Bill 57, sir? Out of the record. Senate Bill 1915. Senator John Cullerton. Senator John Cullerton, on -- out of the record. Madam Secretary, Senate Bill 2104. Senator Sieben, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the motion.
I move that House {sic} (Senate) Bill 2104 do pass, the veto of the Governor to the contrary notwithstanding. Motion filed by Senator Sieben.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sieben, to explain your motion, sir.
Thank you very much, Mr. President. My motion is to override the -- the action of the Governor who did a total veto on this legislation. You’ll remember the discussion on this bill that has to deal with the legal transportation of -- of firearms in the State of Illinois. This legislation was part of an agreement reached in 2000 when we debated during special Session the Safe Neighborhoods Act. We did pass this during the spring Session with thirty-four votes here in the Senate. Seventy-nine 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 votes over in the House. The Governor, in his Veto Message, basically stated that he feels that -- local communities should - - should -- all the local communities in the State should be able to decide how they want firearms transported in their neighborhoods. Now, the reality is that’s not very practical to have a -- a hodgepodge of statewide regulations relative to the transportation of -- of firearms -- to the legal transportation. And when we reached the agreement five years ago, in that negotiated special Session, we said that there were three things that you could do that a person, a law-abiding citizen could to transport of firearm in the State; that the firearm had to unloaded, enclosed in a case, not immediately accessible to the driver and broken down in a nonfunctioning state. And this legislation has worked very well. What’s been happening now is, we see some local ordinance pass that are different from that, establishing different standards. The example I would give you would be in Calumet City, where they have an ordinance that says it’s illegal to transport the firearm in the passenger compartment of your vehicle. Now, I happen to drive a Chrysler Town & Country van. I use that for pheasant hunting, for deer hunting, when I go trap shooting, whatever. And I put those guns right in the back of that van, open the back up. That’s the passenger compartment. So, if I were to be shooting -- or hunting somewhere in that part of the State and drove through Calumet City, you know, I could be stopped, ticketed and fined for illegal transportation, violating the ordinance in Calumet City. And yet, I would be complying with the State law under the three provisions I previously stated. So, this did pass with thirty-four votes. We’re right there. We’re close. I need your help to override this veto. I’d ask for your Yes vote on this legislation.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Hendon, for what purpose do you rise, sir?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 You know, Senator Sieben is one of my best friends in this building and I hate to work against him ever, but I do want to point out to the Body that this entire Veto Session we haven’t sustained the override of the Governor yet. So, why not give one to Rod Blagojevich? Why not sustain his veto at least one time during Veto Session. I -- I can’t remember any that he’s been successful with so far. So, why not, since the White Sox won - why not give one to Blagojevich and sustain his veto? I do want to also point out that the Attorney General is against this. Not just the Governor. The Attorney General, the State Police, according to my records, the City of Chicago, County of Cook, State’s attorney, the Illinois -- Municipal League, Metro County’s Association, Western Central Municipal Conference and the Village of Oak Park. So, why not stand up with our Governor on this side of the aisle, and those of you free-thinkers on that side of the aisle, and -- hold up his veto to let him know that his veto actually means something around this Chamber?
PRESIDING OFFICER: (SENATOR DeLEO) Thank you -- thank you, Senator. Senator Shadid, for what purpose do you rise, sir?
Talk on the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To -- to the bill, sir.
Yeah, Mr. President, I…
PRESIDING OFFICER: (SENATOR DeLEO) Excuse me, Senator. One second. Ladies and Gentlemen, it’s quite loud in here. Could you please give the speaker your attention? This is a very important issue. Please give your speaker your attention. Senator Shadid.
Thank you, Mr. President. I stand in strong support of -- of the override. All this does is allow people who are legally transporting a weapon in their vehicle under State law, the opportunity to transport it throughout the State. So, I would hope that you can all vote for this. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Schoenberg, for what purpose do 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 you rise?
Thank you, Mr. President. I rise in support of the Governor’s veto and against the gentleman’s motion. Many of the communities in my district have made a conscious decision to choose to have gun laws which are of a higher standard than the - - than the laws that -- that than -- than the State laws and this is far more than an issue of convenience. This is far more than trying to tidy up a -- a messy patchwork of laws. My experience with gun owners is that they’re -- the overwhelming majority of them are very conscientious, detail-oriented and -- and certainly very mindful of all the regulations that exist when it comes to firearms. But I think the Governor’s Veto Message is crystal clear. That we would be taking a great step forward to evaporate the local -- the local -- the local prerogative that many communities have chosen to exercise in passing their individual gun laws. So, it’s for that reason that I think that we need to maintain the ability of local communities to make their own choices. We let them -- them -- we demonstrate that confidence in them all the time. Here -- I say we should be consistent and continue to let them exercise their own best judgment and therefore, we should support the Governor’s veto and oppose the gentleman’s motion.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Harmon, for what purpose do you rise?
To the motion, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the motion, sir.
Thank you, Mr. President. I rise in opposition to the Senator’s motion. I live in and represent the Village of Oak Park. One of the communities that has been in the -- the vanguard of enacting commonsense local gun safety measures and whose local laws would be nullified if we override the Governor’s veto. The Chicago Tribune ran a very thoughtful editorial on this topic and I would encourage you all to read it -- it in its entirety. It certainly does address some of the concerns raised by the sponsor, but I’d like to quote just one passage: You would 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 think this business of preempting local control would be awkward, particularly for suburban Republicans who often argue the virtues of local control of schools, property development and other matters. Now they want an exception to -- overrule local police and city officials who want to decide how guns should be carted through their towns. As a representative of one of those towns that has made the decision to enact stricter local laws, I ask for your -- your help in supporting those local decisions made in my district and in other’s districts. And I urge a No vote on the motion to override the Governor’s veto.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Forby, for what purpose do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
You know, last year we passed a bill had the National Shooting in the State -- State of Illinois. Come in a couple years, you’re going to see people coming - all over the United States to come and shoot. This is a fantastic thing. It’s our economic development down home. This is what we do. This is tourism. Tourism works. You’re going to get people all over the United States coming here. They’re going to spend money here. We need the business. We need the money. So, they ought to be able to transfer their firearms in the back of their -- trunk of their cars, or whatever, if they come here. They should not have to go to Chicago, drive fifty, a hundred miles around to get something that we’re offering to the State of Illinois. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Senator Raoul, for what purpose do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
I rise in opposition to the motion and in support of the 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 Governor’s veto. We sometimes call -- consistently call for local control, because we realize that different local -- communities have different local issues to deal with. And public safety being amongst those issues. And so I would call for this Body to be consistent with regards to its -- its support of local control, particularly when dealing with issues of public safety. So, I -- I -- I urge a No vote on the motion.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett, for what purpose do you rise, ma'am?
Thank you, Mr. President. I rise in opposition to Senate Bill 2104, to the motion. Primarily because we’re here to really represent the will of the people and if you look at the proponents, the Governor, the people who are supporting the Governor’s veto, these are the major municipal bodies, the Attorney General, Metro Counties, thirty-three counties and municipalities throughout the State, who are basically saying we want to prevent this particular motion {sic} from being enacted. I suggest that this Body look very carefully at the opponents and the proponents and vote according to what our constituents would ask us to do.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator John Sullivan, for what purpose you rise?
To the motion.
PRESIDING OFFICER: (SENATOR DeLEO) To the motion, sir.
I stand in strong support of this motion and I’d like to put it in the perspective of a -- of a gun owner and a hunter. I legally, as a law abiding citizen, put a firearm in my vehicle and I’m going on a trip and I happen to pass through one of these communities that has -- that has -- like Cicero, like my seatmate here mentioned. And I pass through that community and I get pulled over, for whatever reason. Probably speeding. And -- and they find that weapon, it’s cased, it’s legal. I -- I crossed a boundary line somewhere and all of a sudden I’ve become a felon. This is not right. I support this motion. I urge all my 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 colleagues to support it.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs, for what purpose do you rise, sir?
Thank you, Mr. President. I rise in support -- strong support for the bill. I think there’s two important factors here; one is if you’re legally carrying your firearm when you leave in the morning you may find yourself in Senator Harmon’s district in -- Oak Park under a different law and you may be losing your vehicle, although you packed your car properly when you left, because of a local ordinance. These checkerboard law - - that we need a standard uniform so that everyone understands. And then I would point out that we shouldn’t cry a river for Governor Rod Blagojevich. He’s had a couple of pretty good days here, my friend. In fact, I’d say he’s had his way with us. Senator Sieben, to the bill, please. To the motion. Excuse me. So, my understanding is, is it correct if I am driving my car from Rock Island and I go to Oak Park and I’m properly carrying my -- my firearm under State law when I drive to Oak Park and I’m pulled over for -- ‘cause John Sullivan’s speeding, am I under a different law than the State law?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sieben.
Yes. I understand there would be a different ordinance in that community than the statewide standard law.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.
Senator, can you tell me how many different ordinances exist in Cook County regarding gun -- different gun laws than the State law?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sieben.
Well, the information I have from Todd Vandermyde, obviously who’s supporting this, indicates that Cook County and a hundred different ordinances and the facts -- because of what’s happened in that home rule county. So, there could be a hundred different 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 ordinances on the transportation of a firearm in Cook County alone.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Geo-Karis, for what purpose are you seeking recognition, ma’am?
I -- question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, ma'am.
Your bill would make it mandatory statewide to have the existence of transportation of guns. Is that right?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sieben.
Correct. That is correct.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Geo-Karis.
…President and Ladies and Gentlemen of the Senate, the fair and equitable thing to do is to have one statewide law with transportation of guns. When you have these different municipalities about guns and transportation of guns it’s not fair to the people. It’s very expensive. And like Senator Sullivan said, he could be called a felon if he got into Oak Park there. So, I’d like to say the sensible thing and the equitable thing to do here is pass a State law governing the transportation of guns. And I support Senator Sieben’s bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, for what purpose do you rise?
To -- to the bill, Mr. President, briefly.
PRESIDING OFFICER: (SENATOR DeLEO) To the -- to the motion, sir.
Or, to the motion. Thank you, Mr. President. Ladies and Gentlemen of the Senate, I -- I am reminded of a -- of a story that the Emperor Caligula put on top of a large column in Rome a statute the violation of which meant death. But only he knew the 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 terms of the statute, because it was atop of a column. No one could reasonably determine what the violation was. Here we have citizens not knowing what the terms of these ordinances reasonably are and they violate them. The State law is clear and it applies to everyone reasonably. As we read the terms of the State law it enhances safety, it meets the requirements of safe and proper transportation of firearms. These other ordinances are unknown to the passerby and that is not fair. That’s why, to echo the Dean of the Senate’s remarks, this is a fair and equitable statewide standard that the people have enacted into law many years ago and it should apply to all citizens as they traverse the State highways. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Our last Member seeking recognition on this motion, Senator Cullerton.
Thank you, Mr. President, Members of the Senate. When I was in the House in 1984, I negotiated a -- a bill with the NRA. It was so long ago I remember getting a telegram from the National Rifle Association saying it’s okay. And this language that’s in the State law with regard to transportation was negotiated then. And as you pointed out, there’s three different ways in which you can legally transport, according to the State law. If the weapon’s broken down and in an inoperable state. That’s one way. The second way was, not immediately accessible and the third way is, unloaded and inside any container. Well, back then we didn’t have SUVs. People thought about putting your gun in the trunk. It was inaccessible. Now, as you pointed out, you can have a weapon inside your -- your vehicle in the passenger area. You can have a fanny pack and have your pistol in a fanny pack right on your -- on your person. That’s not what was contemplated back then. So, what has happened is, jurisdictions have passed ordinances tightening that up. And it’s not just Skokie and Oak Park. It’s Ashmore in Coles County. Carbondale has an ordinance that we would be wiping out by passing this law. Carol Stream has an ordinance. McHenry has an ordinance. Elgin has an ordinance. Wheaton, Illinois, has an ordinance that we would be wiping out by passing this -- this law. What those ordinances all say - and Chicago has one as well - all they say is, if the 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 weapon is broken down and inoperable that’s the way we want you to transport these -- these weapons. So, there’s no confusion if you want to travel throughout the State if you make your weapon inoperable and broken down. That’s the way it ought to be. That’s what the State law ought to -- ought to do. If you want to have one standard, let’s change the State law and clarify it. But your supporters would be against that. So, that’s why this - - this -- this motion is the wrong thing to do. It’s -- it’s not just about local control, it’s really a public policy that people should be transporting these weapons in inoperable state. That’s the clearest way it should be and for that reason I would urge that you vote No. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Sieben, to close, sir.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. And I appreciate the comments of all the previous speakers and certainly the debate that we’ve had on this issue. I would agree with one of my colleagues who indicated the Governor has had a pretty good week down here. And some of his motions -- or, some of his legislation that -- that he has vetoed have not been called for a vote. So, his vetoes have been withheld or upheld. And I will also say that as you travel through the State, when we talk about transportation, the point was well made by one of the previous speakers, we don’t have to have a variety of different speed limits on our State highways when we go from community to community because we use a statewide standard for the speed laws on the speed limits that are posted. And those are all posted, unlike what may be different ordinances relative to the transportation of a firearm as you move through community to community. And I -- the final speaker, I -- I would certainly agree with him as well, that if the real intent here is -- is to update or -- or -- or strengthen the statewide standards for the transportation of a firearm in Illinois, let’s work on that. Let’s sit down with -- with those communities. Let’s look at the ordinances that those communities felt were necessary to strengthen the statewide standard, and let’s -- let’s look at the possibility in legislation next year of -- of maybe amending or updating or strengthening in some way this one statewide 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 standard. So, I appreciate the -- the support and help I’ve been given on this legislation. I would ask everyone if you could and would, please to vote Yes and we’ll take it from there. Thank you very much.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. The question is, shall Senate Bill 2104 pass, notwithstanding the total veto of the Governor. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. -- Madam Secretary, please take the record. On that question, there are 38 Ayes, 20 -- 20 voting Nay, 0 voting Present. Senate Bill 2104, having received the three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Okay. Continuing on page 9 on your Calendar. We’re going to -- in the middle of page 9 is Motions in Writing Override Specific Recommendations comes Senate Bill 1509. Okay. Ladies and Gentlemen, Senate Bill 1509. Senator Trotter, do you wish to proceed on this motion, sir? On the -- page 9 on the Calendar is Orders of Motions in Writing to Override the Specific Recommendations of the Governor. Senate Bill 1509. Senator Trotter, do you wish to proceed? Madam Secretary, he indicates he wishes to proceed. Please read the motion.
I move that Senate Bill 1509 do pass, notwithstanding the specific recommendations of the Governor. Motion filed by Senator Trotter.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, to explain your motion, sir.
Thank you very much, Mr. President, Members of the Senate. I -- I would like for this Body to consider overriding the Governor’s veto of 1509. Senate Bill 1509 provided that if a person had been convicted of a felony and had violated -- mandatory supervised release -- can we just get a little… Mr. President. Thank you. Provided that if they had supervised release for that felony and was incarcerated in the county jail pending the resolution of a violation of mandatory supervised release, the Illinois Department of Corrections shall pay the 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 county in which that jail is located one half of the cost of incarceration as calculated by the Governor’s Office of Management and Budget. The Governor -- the Governor’s veto recommended that inmates incarcerated in a county jail solely for violations of parole and mandatory release would be reimbursed for -- and where the Department of Corrections failed to retrieve those inmates after seventy-two hours of the county’s notifying the Department of an inmate being held. The reality is, many prisoners or -- or many persons are -- are picked up for other offenses, but because of State law -- and -- and they are not -- they cannot get bail once they are -- are held in -- if they’re in violation of their parole. So, inadvertently, counties are stuck with those -- with those prisoners. What I’m asking is that instead of having this -- this unfunded mandate, which is put on -- placed on counties, that we do ask for reimbursement and we can do that by the passage of the -- 1509.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Senator Righter, for what purpose do you rise, sir?
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator Trotter, I -- I opposed this bill when it went through the first time and I have talked to some people who believe that the Governor’s amendatory veto is inappropriate and that -- that I should vote in favor of your motion this time. So, I guess, sir -- I guess there needs to be a little clarity here and I want to walk through a couple, three hypotheticals just very briefly with you and if you can lay out the answers for me so we can -- everyone get a clearer picture of what you’re asking to be done here. In a situation where an individual who is on supervised release currently for a felony charge, spent some time in the Department of Corrections - now they’re out and they’re on supervised release - and is arrested on a new charge and is in jail pursuant to that new charge. They’re being held on a certain amount of bond. They can’t bond out. Okay? They’re also at the same time being held on the parole violation, 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 because by committing the new offense there’s also a parole violation. In the underlying bill where they are being held on the new charge, on the underlying bill would the State pick up half of the cost for that even if the county is holding them on a new charge?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
Thank you. The answer is no, sir. They would not be -- pick up the -- the cost -- the half the cost for the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Well, Senator Trotter, you’re saying that in a situation I outlined the Department of Corrections would not be responsible for half the cost if there’s new charges pending, because that’s not what we’re getting from our staff. That’s not what I’ve been getting from the people I’ve been talking to who are asking me to vote for your motion. That in that situation right there they are going to pick up half. I mean, if they don’t pick it up there then what does the underlying bill ask the State to reimburse the locals for?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
Thank you. The underlying bill asked that individuals that can get out of jail for bondable offenses can do so, but because of current law, State law, if you have violated your parole or your probation you cannot bond yourself out. What has happened in the past that these prisoners who are now by -- by virtue of that they violated their probation have now -- or, now become State prisoners. The State has not remanded them back to -- to State prisons, but in essence, they have stayed in the county jails, being held for an inordinate amount of times. The counties are willing to share the cost. They’re asking them to pay half the cost for them to be there. But, essentially, the only reason why they’re there is, because they are now -- have violated the probational cost -- or, the probational time.
PRESIDING OFFICER: (SENATOR DeLEO) 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 Senator Righter.
Thank you -- thank -- thank you, Mr. President. Senator Trotter, I’m going to read from the -- the underlying bill now. It says a person who’s been convicted of a felony and has violated the mandatory supervised release for that felony is incarcerated in a county jail pending the resolution of the violation of the mandatory supervised release. And then it goes on to talk about the reimbursement for half. It doesn’t speak to the issue of whether or not the county is holding them on a new offense. And that’s the problem I’ve got with -- with the bill and the concept here. If the jail were being forced to hold the individual solely based on a parole violation, then I think there’s a lot of merit to your argument. But if the county is holding them on a new charge - let’s say you had someone who was on supervised release for burglary and you pick them up for -- maybe they’re arrested for another -- burglary or attempted murder and they’re being held on a bond in that situation, then why would the Department of Corrections be asked to pick up half the cost, when in fact, they’re being held and can’t bond out for the new charge?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
Senator, I spoke in error. You are absolutely correct in your interpretation of the language that is there and so I agree with you, what you’ve just outlined is, in fact, the underlying piece of this legislation.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, to the bill, sir.
To the bill, Mr. President. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) To the…
Thank you, Senator Trotter. I -- I -- I appreciate that very much. Ladies and Gentlemen, you are asking the Department of Corrections in the -- in this motion and the State’s taxpayers to pay for the incarceration cost - half of them - for a county 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 when they’ve decided to charge someone with a new offense. I mean, if this legislation, the underlying legislation differentiated between a situation where they’re being held solely because of a parole violation as opposed to a new charge, then I think the gentleman’s motion would have a lot of merit. Otherwise, I don’t think it does. I would urge a vote to sustain the Governor’s amendatory veto.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Dillard. Senator Haine, for what purpose do you rise, sir?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the motion, sir.
Or, to the motion. I’m sorry. Thank you, Mr. President. I have had doubts about this concept for some time and expressed them to the distinguished Senator from Chicago who’s carrying this motion and previous bill. My uneasiness about this is -- is partly philosophical. The -- a jail, the county jail, is the common jail. The law and precedent requires that the sheriff, as warden of the jail, accept all prisoners pursuant to valid warrants, whether by local police or State warrant officers, including the DOC. This is a major change in that concept where the -- the -- the common jail bills for performing a service that it has historically been mandated to do, to hold prisoners pursuant to warrants to be reviewed by a court. This is a major change and I know my board chairmen have signed onto this. I haven’t had a chance to talk to ‘em about it. I hope I don’t -- offend them. Of course, I have a four-year term, so I have time to make that up, I guess. But -- but the -- but the -- the -- the concept of a common jail here is being changed by this bill. Now, the -- the second part of it, which gives me pause, is the fact that the parole officers who work for DOC have become, over time, a specialized band of law enforcement officers, who particularly with sex offenders, who are charged with bringing people in who violate their mandatory release and parole conditions. These are dangerous people. Primarily, dangerous men. And to bill the State, or have the -- have the State be 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 billed by the county for holding people pursuant to these warrants because of failure to abide by conditions puts a chill - in my view - over time on the -- on the willingness of DOC officers to aggressively arrest and take to the nearest common jail those who violate these parole conditions. This will happen over time, because DOC will see large amounts of money being transferred to the Cook County jail - it’s a half a million bucks. Therefore, I would ask that we agree with the Governor. The Governor here has offered a compromise. The compromise is seventy-two hours. If the Department declines to pick up its parolee, who has violated the terms of these parole conditions, within seventy-two hours then this process of billing starts. That’s reasonable. So, it’s half a loaf and I believe that the Governor’s veto should be sustained for those reasons. Thank you, Ladies and Gentlemen of the Senate and Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Trotter, to close, sir.
Thank you very much, Mr. President. Notwithstanding the arguments that -- that we’ve heard from our -- our good colleague on this side of the aisle, and the arguments on the other side of the aisles. What this basically constitutes the -- the law as is now constitutes that an unfunded mandate on county jails for post-conviction issues. We’re asking that the State hold up to its responsibility of paying for those individuals who, in fact, are being held basically, primarily, because they have violated their parole. Those individuals that can bond out for minor causes, we -- this isn’t about sex offenders, releasing them. This isn’t about releasing murderers. This is about those individuals, by our law in this State, can’t bond themselves out, but cannot because of current law. Those individuals we need -- or those counties, which has come from the metro counties of Illinois, County Board President John Stroger; Robert Schillerstrom from DuPage County; Ruth Anne Tobias, from DeKalb County; Sue Schmidt, from Lake County; Alan Dunstan, from Madison County; Ken Koehler, from McHenry County; Mark Kern, from St. Clair County; Scott Christiansen, from Winnebago County; and Larry Walsh, from Will County. These county presidents are unfairly paying for prisoners that are essentially State 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 prisoners. And this bill would rectify that -- rectify that by asking the State to pay half of the cost for their incarceration.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. The question is, shall Senate Bill 1509 -- notwithstanding the specific recommendations of the Governor. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 38 Ayes, 17 Nays, 0 voting Present. Senate Bill 1509, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Carol Ronen, for what purposes do you rise, ma'am?
Thank you, Mr. President. Having voted on the prevailing side, I now wish to immediately reconsider the vote on Senate Bill 2104.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Ronen, having voted on the prevailing side, she moves to reconsider the vote by which -- immediately, which Senator Sieben’s motion on Senate Bill 2104 passed. So, the question is, shall -- the question is, shall we reconsider the vote. The voting is open. The voting is open. Have all voted who wish? We’re voting on the motion. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 22 Ayes, 34 Nays, 0 voting Present. The motion fails. Senator Ronen.
Mr. President, I would just like to place in the record that I would like to be -- have been recorded as a No on the motion for 2104. Senate Bill 2104.
PRESIDING OFFICER: (SENATOR DeLEO) The record will so indicate your intentions, Senator. Thank you. Senator Sieben, for what purpose do you rise, sir?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 Thank you, Mr. President. I would like to thank Senator Ronen for correcting the record and showing that her intent was to vote No on 2104. As I went through the roll call I noticed that she had inadvertently pushed the wrong switch and I know that Senator Ronen’s intention was to vote No on that bill. And I appreciate her integrity in correcting that record. Thank you, Senator Ronen.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Righter, for what purpose are you seeking recognition?
Thank you, Mr. President. A point of order.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.
Thank you. On the -- on the motion to reconsider that was just voted upon I believe the rules allow for a discussion of that motion. I had my light on to make a motion to table that and was going to ask for a roll call. I guess I would ask you to make a ruling whether or not that is in accordance with the rules, because I’m assuming we’re going to have this situation come up again.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you for your remarks, Senator. I think it’s now a moot -- issue. So, we have a real important announcement. Let’s move past that. Ladies and Gentlemen, all members of the Rules Committee please report to the President’s Anteroom immediately. All members of the Rules Committee. And we’ll stand at -- at ease for just a moment. All Rules Committee members, please report to the President’s Anteroom immediately. (SENATE STANDS AT EAST/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Committee Reports, please.
Senator Viverito, Chairperson of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Education Committee - Floor Amendment 1 to Senate Joint 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005 Resolution 52 and a Motion to Concur with House Amendment 1 to Senate Bill 293; refer to Executive Committee - Motion to Concur with House Amendment 1 to Senate Bill 1213 and a Motion to Concur with House Amendment 1 to Senate Bill 1843; refer to Judiciary Committee - Motion to Concur with House Amendments 1 and 2 to Senate Bill 273 and a Motion to Concur with House Amendment 1 to Senate Bill 319; refer to Licensed Activities Committee - Motion to Concur with House Amendment 1 to Senate Bill 331; and refer to Pensions and Investments Committee - House Bill 230 and a Floor Amendment 2 to Senate Bill 809.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Messages.
Message from the President, dated October 27, 2005. Dear Madam Secretary - Pursuant to the provisions of Senate Rule 2-10, I hereby establish December 31, 2005, as the 3rd Reading deadline for the following House bill: House Bill 230. Sincerely, Emil Jones, Jr., Senate President.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, on the Orders of Resolutions.
Senate Joint Resolution 54, offered by Senator Halvorson. (Secretary reads SJR No. 54)
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Halvorson moves to suspend the rules for the purpose of immediate consideration and adoption of Senate Joint Resolution 54. Those in favor will say Aye. Those opposed will Nay. The Ayes have it. And the rules are suspended. Senator Halvorson now moves for the adoption of Senate Joint Resolution 54. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the resolution is adopted. Okay. Ladies and Gentlemen, we will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body all these resolutions read in today will be added to the Consent Calendar. Madam Secretary, has there been any objections filed to any -- resolution on the Consent Calendar?
There have been no objections filed, Mr. President. 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 10/27/2005
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing not, the question is, shall the resolutions on the -- Consent Calendar be adopted. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The motion carries and the resolutions are adopted. Ladies and Gentlemen, this is the best notice of the day. Pursuant to Senate Joint Resolution 54, the Senate stands adjourned until the hour of 12 noon, on Wednesday, November 2nd, the year 2005. The Senate stands adjourned. 44