PRESIDING OFFICER: (SENATOR HENDON) The regular Session of the 94th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation will be given today by Father Anthony Tzortzis, St. Anthony Hellenic Orthodox Church, Springfield, Illinois. Father Tzortzis.
(Prayer by Father Anthony Tzortzis)
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Father. Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Wednesday, February 8, 2006.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Mr. President, I move that the Journal just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions.
Senate Resolution 623, offered by Senator Shadid and all Members. It is a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Resolutions Consent Calendar. House Bills 1st Reading.
House Bill 4141, offered by Senator Cullerton. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Would all Members under the sound of my voice please come to the Senate Floor? We will be taking up substantial Senate 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 business in a few moments. I mean immediately. So, if you have items on 3rd Reading or any other business, you need to be on the Senate Floor right now. Would all administrative assistants please contact your Senators and get them to the Senate Floor right now? We will be going to substantial business in the Senate immediately. 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 bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bills 1371, 4242, 4383, 4561, 4752, 4789 and 4864. Passed the House, February 8, 2006.
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson, for what purpose do you seek recognition?
For the purpose of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Please state your announcement.
I would like the record to -- reflect that Senator Meeks is not here due to business in his district.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Would all Members of the Senate please report immediately to the Senate Floor? Substantial Senate Floor action is about to occur. Would you please come to the Senate Floor? Would all Members, please under the sound of my voice, come to the Senate Floor? This is going to be your last warning. Come to the Senate Floor. We are about to begin substantial, significant Senate Floor action. We’d hate to have you complaining later that you didn’t have the opportunity to speak on some substantial legislation. We are about to go to substantial legislation. Please come to the Senate Floor. Today is Thursday, getaway day. Please come to the Senate Floor. Concurrences. On the Order of Concurrence is Senate Bill 1618. Page 13, middle of your Calendar. Senator Link, do you wish to proceed, sir? Madam Secretary, please read the motion. 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1681. Motion filed by Senator Link.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link, to explain your motion, sir.
Thank you, Mr. President. This bill is a follow-up on a judicial subcircuit bill that was passed a couple years ago by us, and it’s clarifying what was the intent of this Body when we passed the subcircuit bill, as far as that there would be no additional judges pertaining to the passing of the subcircuit individual bill. And unintended consequences happened when we passed that bill, by dividing the two counties of Lake and McHenry. At that, consequences which had nothing to do with the subcircuit bill. There was a -- a thing found, basically, deep down in the archives of the law that said they felt that there was supposed to be additional judges for Lake and McHenry County. And one of the questions that was asked numerous amount of times on this Floor for legislative intent and was answered by me numerous amount of times when we did the subcircuit bill: Would there be additional judges if we passed subcircuits? And my answer constantly was “No”. So, when this was found and the State Board decided that they would okay three additional judges in Lake and two additional judges in McHenry, this was brought to our attention around Veto Session of last year, when it’s -- at what time we decided to talk to the parties and see what we could work out to have this nullified.
PRESIDING OFFICER: (SENATOR HENDON) Thank you. Thank you, Senator Link. Is there any discussion? Senator Petka.
Thank you, Mr. President, Members of the Senate. This legislation is unconstitutional on its face. The Illinois Constitution, Article VI, Section 12, provides that circuit court judges shall be nominated in primary elections or by petition. This places judges who are seeking election as circuit court judges in a unique constitutional position. That is, they cannot be slated in a party caucus or by committeemen, but rather they 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 must be elected and nominated in a primary election. As such, the Legislature cannot wait until after the candidates have filed their petitions - and that time has elapsed - and -- to determine who are the candidates and who -- on which respective political party shall be sought, and then they cannot at that point decide to abolish the position. The Illinois Constitution is the thing that we look to, and what the Constitution says about the qualifications for office and how a person who is seeking to be a judge attains that position is as follows: A person alleged -- eligible for the office of judge may cause his name to appear on the ballot as a candidate for judge at the primary and general elections. The General Assembly shall prescribe the law -- by law the requirements for those petitions. This General Assembly and past General Assemblies have adopted the -- the position that the way that a judge is elected is by simply filing the petitions, getting the -- requisite number of signatures and all nominating papers. When that position is certified by the State Board of Elections - the Executive branch of government - at that time all of the constitutional requirements that have -- have been followed by those individuals seeking to be judges. And I - - I argue and maintain that this General Assembly at that point is powerless to change it. Think about the very, very dangerous - dangerous - precedent that we would be setting otherwise. Because if the General Assembly has the power after a certification has been made by the State Board of Elections, at what time does that power terminate? Can a person run for office in the primary and if the party in power chooses that that person is not eligible or it does not -- they do not wish to have that person serve, they can simply say we will vacate that -- that -- that position? Or, after a general election, if it’s the wrong person elected, using the theory that has been advanced by the sponsor, that election of -- of the people can be overturned. I think not. And I think the Constitution is clear on this. I think that once the nomination papers have been filed and ordered and certified by the Executive branch of government, that this Legislature is powerless - powerless - to -- to defeat that. For those reasons alone, I think this legislation should be beaten because it is unconstitutional, and if it’s challenged in a court of law, I am confident that it will, in fact, not sustain -- or - 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 - or will be -- will not pass constitutional muster.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link, do you wish to respond, sir?
No.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you -- thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Althoff.
Senator Link, before I ask some questions, let me also offer you thanks. I truly appreciate and would like to acknowledge the courtesy and kindness that you provided McHenry County residents when they called and visited with you regarding this issue. It is acknowledged. Might I ask, does this legislation affect only McHenry and Lake counties with regard to the elimination of these judge positions?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
And has the ballot for these positions been certified by the State Board of Elections?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
The ballot has been certified but put on hold and has not been printed by either county. At least I know, in Lake County, it has not been printed.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Might I -- might -- thank you. Might I also ask, could one 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 -- if -- if this legislation passes and another single circuit court obtained that population threshold, would they then be entitled to additional judgeships?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
I don’t know, but what the legislative intent was on this Floor, which is used numerous amount of times in Supreme Court rulings of legislative intent, which is what I used when the questions were posed to me in debate here and I very clearly was -- stated for legislative intent that there would be no -- excuse me -- no additional judges. That was the legislative intent of passing this bill of subcircuits. That was the intent. So to answer your question, I cannot answer that because I don’t know if there was legislative intent used in that proper procedure.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
In regard to that, can you tell me specifically, legislative intent, the rationale as to why we didn’t want to create additional judgeships?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
The purpose of subcircuits was to divide the counties into allowing them to vote for judges in districts and not countywide. And in the case of Lake and McHenry County, you were electing ‘em within a two-county district, which you were electing them in a population of about a million and a half people. So what we were doing is trying to lower that amount, and inadvertent consequences of separating the two counties. Had we kept the two counties together and kept it at one circuit, which it was the old 19th Judicial Circuit, we would not be discussing this matter today, and just made it subcircuits within the two counties, this would not have happened.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you. To -- to the bill: I add my voice also to 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Senator Petka’s. As the legislation currently stands, if another county -- or, obtains this population threshold that is referenced in the statute, they would, in fact, be entitled to additional judgeships. I would present the opinion that this is special legislation. It specifically precludes Lake and McHenry County from obtaining the judgeships that they deserve. Currently, McHenry County has a growing population. Our court case files is very high. We need these additional judges. And I do understand that the legislative intent was not to create additional positions, but it did. And there were individuals who went through the election process, passed petitions. In fact, I would even argue that my constituents would expect these judgeships to be filled. They signed petitions. These people were certified on a ballot. It’s an expectation that we would fill these particular judgeships. I would really urge all the Members within this Body to look at this legislation. I think it’s a very dangerous precedent to be set, to actually start to tamper and interfere with the election process. These people have an expectation, not just the candidates themselves, but the very people that they ultimately will serve have an expectation that these positions should be filled, and I would urge a very No vote on this legislation.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Peterson.
Thank you, Mr. President. To the bill: We’ve heard that this was a mistake, so to speak, that the judges weren’t intended to be increased, but the fact is, legally they are. It is an opportunity for us in the collar counties, especially Lake and McHenry who have tremendous caseloads, to add those additional judges. Now, one might say we have a problem with finances. Well, we found money for other good causes and, certainly, this is an excellent cause to find money to fund those extra judgeships. The caseload in Lake County is -- it averages eight thousand cases per judge. The average in the State is five thousand. That gives you an idea of what we’re dealing with up in the halls of the Lake County courthouse. Chief Judge Starck has come out in support of these additional judges. State’s Attorney Mike Waller has said you can hardly walk, if at all, in 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 the hallways when there are court calls because there’s so many people in the courthouse. The editorial boards of our local papers have come out and said the judges and the State’s attorney have made an excellent case as to why we need these excellent judges. Now, Senator Link and I both represent Lake County. We think our people deserve the extra justice that would be given with these extra judges. I know that he didn’t intend in the original legislation for the subdistricts to have those judges, but we have an opportunity to do that now. Let’s defeat the motion on this bill. Let’s come back and add the judges, and remember, folks, “Justice delayed is justice denied.” Let’s support the No on this vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Roskam.
Thank you, Mr. President. You know, what we’re about to do today should -- should really almost take our breaths away, because if you think about the nature of the power that we’re creating in one particular branch of government here and then sweeping it away, it’s really arbitrary. Senator Petka laid out the possibility of what happens if, in the great scheme of things, you end up on the wrong side of this political fight, or you, within your own caucus, end up on the wrong side of this political fight, or some of your supporters in the townships and the cities that you represent end up on the wrong side of the political fight because they supported you and you were the wrong answer, and so the people that -- that have the ability to redefine offices suddenly say “We don’t think we need you around anymore.” That can happen. This attempt will -- will lead to a very bad place, and here’s what I mean: If you can go in and say, “Well, you know what? That’s what was written down, that’s what was the plain language, but that’s not what we meant.” And oh, by the way, we’re going to have -- we’re going to have ballots certified, we’re going to have people rely on this. In this case, we’re going to have judicial candidates choose not to run for the judicial position A because B and C were available, and now we’re going to take those away. And, oh, by the way, the one person of a minority group that is most impacted on this, I’m informed, is an African-American judicial candidate who’s out now 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 if this passes. Notwithstanding the fact that part of the representation, that this was all about diversity. It they can go -- if they can go this far, then where does it stop? Because we’ve been informed, as of this morning, the ballots have been mailed from Lake County. We’ve confirmed that. The ballots - the overseas ballots - have been mailed. So what does that mean? The ballots have been mailed and you can pull ‘em back? After the primary, you can pull it back? As Senator Petka said, the person who wins the general election, then all of a sudden they say, you know what, we think the wrong person won, so therefore we’re going to destroy this office. This is a power that we not ought -- ought not tamper with. You know, the Senate sponsor said this was a grave mistake essentially, but we had an -- a fiscal note that was in the file - clear as can be - the plain language of which is unambiguous from the Administrative Office of the Illinois Courts that said, “a net increase of five judges shall occur.” Do you remember the big shock and awe factor that many of you had after Governor Blagojevich took the initiative on his own to put ten million dollars into a very controversial project, was the embryonic stem cell research project? Remember, all of you, when the phone calls rang from your district offices, those of you who are against that, and said, “My goodness, I had no idea, and had I known, I would have stood up.” Well, this is the net result, Senators, of what happens when we do shoddy work. We’re all subject to mistakes, but those of us who were on the Executive Committee know the way in which this was ramrodded through a committee process. As my friend, Senator Petka, said, unintended consequences have consequences, and the unintended consequence of this bill is now to run roughshod over an election process and we ought not do that.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Lauzen.
Thank you, Mr. President. I have a question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen.
As -- as I’m listening to this debate as -- if you could 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 turn up the volume please or turn down the background noise.
PRESIDING OFFICER: (SENATOR HENDON) Will you please, Members of the Senate, give Senator Lauzen the respect he deserves? Senator Lauzen.
No, I -- I don’t ask for too much.
PRESIDING OFFICER: (SENATOR HENDON) Only the respect you deserve, Senator. I didn’t ask for anymore than that.
That’s fine.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you, Mr. President. I am -- as I listen to the discussion here today, I -- I am coming to the conclusion that -- that Senator Roskam has just laid out, that this is the type of legislation which surprises me, because I -- I -- you know, there’s a lot of legislation that the sponsor brings forward that I think is -- is excellent and I -- I -- I commend your work in other areas. But as I’m listening to the discussion, I went back to read the language of the bill, and if -- if I can just read a portion of the bill, it says, “If, before, on, or after the effective date of this amendatory Act…, the State Board of Elections has certified or certifies one or more candidates for a judgeship” - you know, in -- in this process - “…then all such certifications are revoked and are null and void by operation of law and the names of any such candidates shall not appear upon the 2006 general primary ballot or the 2006 general election ballot…” So, basically, what Senator Petka, Senator Roskam are saying is true in the language of this bill, that by your legislation we can frustrate the will of the people and everything that’s come before. It really does sound totalitarian and I can’t imagine that that is something that you would want to do. I mean, how can you defend what is on the face of this bill? That by passing this -- anyone who votes for this says that we can just go in and overturn the will of the people who we all represent and work for. Can you address that, please?
PRESIDING OFFICER: (SENATOR HENDON) 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Senator Link.
Thank you, Senator Lauzen, for that comment, because I can address it very clearly because I think we are addressing the will of the people, and the will of the people is exactly what I said when we passed the subcircuit bill when they -- the question was asked to me, “Would there be additional judges,” and I said, “No.” And I think that was the will of the people when the question was asked numerous amount of times, “Would there be additional judges,” and I said, “No”. Because people have to realize that each additional judge is a cost to the State taxpayers of this State two hundred and fifty thousand dollars approximately, and to the County of Lake and the County of McHenry, each county is going to pay, for support fees and support staff, another two hundred and fifty thousand dollars. So, we’re talking approximately a half a million dollars to the taxpayers of those areas for each additional judge. So, I think when we’re talking about the will of the people, I’m standing up here -- and to a good fiscal conservative as yourself, I don’t think the will of the people is to go out here and spend two and a half million dollars on a unintended consequence that no one, but no one, when we passed subcircuit bills, was intending on doing and that we would probably have not passed had there been five additional judges put into this bill. And I think that was the unintended consequence.
PRESIDING OFFICER: (SENATOR HENDON) This is -- oh, Senator, you -- you sat down. Okay. Final question and then we’re going to close. Senator Lauzen.
Thank you so much, Mr. President. I mean, this does take breath away. You -- you -- you need to sit down and seriously consider what you’re being asked to vote on. To declare the results of elections null and void is not the will of the people. I respect the sponsor of this legislation, but it is the will of one very powerful Senator. I know that this is not his intention, but it does border on a type of tyranny. You must vote No on this if we’re going to protect the -- the sanctity of elections. So please vote No.
PRESIDING OFFICER: (SENATOR HENDON) 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Senator Link, to close.
Thank you, Mr. President and thank you for the debate on this. I think it’s a very interesting debate. As I alluded to, on the cost factor of what this is going to cost each of our counties: For example, my colleague from Lake County indicated that we’re both from Lake County. I don’t think he got a call, nor did I get a call, from the county board telling us “Rah, rah, rah. Go ahead.” He indicated he got a call from the -- chief judge, which I talked to the chief judge, and I don’t think there’s a chief judge in any circuit in the State of Illinois that’s going to tell you I want less judges. They’re always going to tell you they want more judges. But I didn’t get a call from my county board chairman or any county board member saying that I’m willing to spend an extra quarter of a million dollars for each new judge. And what we’re saying about notification, in July of last year when this was available, President Jones and Speaker Madigan sent a letter to the State Board of Elections telling them that they were wrong because -- and they very clearly stated what was stated in legislative intent on subcircuit bills, that there would be no additional judges. We told them what our intent was, so this was long before any filing date. It was passed -- it was defeated, because it needed a supermajority in the House, in the Veto Session, but then Speaker Madigan sent a letter again, before filing period, to the State Board of Elections, indicating to them that this bill would come up after January, telling them that they would be bringing this back up again, eliminating these judgeships. We worked out a compromise of still allowing one and one. I disagreed with it, but I went along with the compromise of one and one. So there will be an additional judge for each county. I disagree with it because I don’t think this State or the county can afford it at this time, but we went along with it. I don’t think we are going against the will of the people of this State of spending their money, but I think what we need to do is -- no -- pass this amendment right now and send a message that what we need to do is only one and one. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) This is -- this is final action. The question is, shall the 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Senate concur to House Amendments 1 and 2 to Senate Bill 1681. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 31 voting Aye, 24 voting Nay, and 1 voting Present. The Senate concurs in House Amendments 1 and 2 to Senate Bill 1681, and the bill, having received the required constitutional majority, is declared passed. Senator -- Senator Roskam, for what purpose do you seek -- he no longer seeks recognition. Members of this Body, we’re now going to go to 3rd Readings. 3rd Readings. If you have a bill on 3rd Reading, I suggest that you be prepared to move it quickly. We’re going to begin today - turn to your regular Calendar - on the middle of page 8. 3rd Readings on the middle of page 8. Please turn to the middle of page 8. 3rd Readings. Senate Bill 392. Senator DeLeo. 392. Senator DeLeo. Senate Bill 1839. Senator Meeks. Senate Bill 1991. Senator Clayborne. 1991. Senator Clayborne. Senate Bill 2130. Senate -- Leader Watson. 2130. Out of the record. Please turn your Calendar to page 9. Middle of page 9. We’re going to resume where we left off yesterday. Middle of page line {sic}. 2330. Senator Jacobs. 2330. Senator Jacobs. Out of the record. 2334. Senator Luechtefeld. Madam Secretary, read the bill.
Senate Bill 2334. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.
Thank you -- thank you, Mr. President and -- and Members of the Senate. Senate Bill 2334 amends the Wildlife Code. It provides that it is unlawful to intentionally or wantonly allow a dog to hunt within or upon the land of another, or upon waters flowing over or standing on the land of another, without obtaining permission from the owner or tenant. Basically, the -- the -- the -- the reason this particular bill was brought before you deals with -- if you’ve hunted before, with a dog that might run on someone else’s property. You could unintentionally -- as 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 you know, a dog will sometimes not go where you want it to go and will be on someone else’s property, and there have been times, maybe, where the game warden has not used, maybe, good common sense and have given that person a ticket, and in the process, they lose their license. This would simply mean that if you did it willfully or wantonly, then it would -- then it would be a ticket. Hopefully, I -- I -- I don’t know of any disagreement with this bill. If there are any questions, I'd be glad to answer them.
PRESIDING OFFICER: (SENATOR HENDON) Is -- is there any discussion? Seeing none, the question is, shall Senate Bill 2334 pass. Those in favor will vote Aye. Opposed, 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 55 voting Aye, none voting Nay, none voting Present. Senate Bill 2334, having received the required constitutional majority, is declared passed. Senate Bill 2336. Senator del Valle. Madam Secretary, read the bill.
Senate Bill 2336. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator del Valle.
Thank you, Mr. President. This bill makes minor changes and clarifications regarding the administration of the School Breakfast Program. The School Breakfast Program has been very successful. The number of school districts and individual schools participating is increasing. What this bill does is that it allows increased reimbursement of -- breakfast program sponsors if the appropriations is established for it. It also removes reference to an advisory council that is now defunct, and it clarifies that exemptions from the requirement to offer School Breakfast Program must be renewed annually. I'll be glad to answer any…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Cronin.
14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Yes. Thank you, Mr. President. I rise to express some lukewarm support for this. I -- I -- and I know that that’s not always the most definitive of statement for our side of the aisle, but -- you know, the -- this -- the School Breakfast Program started out as something less than a mandate. It was a program actually that I sponsored. Senator del Valle is doing good work here. The only problem I got is that this appears to be headed in the direction of -- of -- of -- of really imposing some sort of mandates and so on and so forth, even above and beyond what’s already. Now school districts have to -- take an affirmative act every year and tell people why they’re not doing it, and, you know, I -- I just -- I just -- I guess I -- offer a cautionary word. I’m going to vote for this, but I -- I guess I’m putting this on the record now, in the hopes that we don’t have to revisit this down the road in -- in a different fashion. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall Senate Bill 2336 pass. Those in favor will vote Aye. Opposed, 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 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2336, having received the required constitutional majority, is declared passed. Senate Bill 2345. Senator Peterson. Madam Secretary, read the bill.
Senate Bill 2345. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Peterson.
Thank you, Mr. President and Members of the Senate. Senate Bill 2345 amends the Professional Counselor and Clinical Professional Counselor Licensing Act. It provides that no person shall, without a valid license as a professional counselor issued by the Department, offer to render or -- or render professional counseling services to individuals, corporations or the public. This is an initiative of the Association of Professional 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Counselors. They want to clarify the Professional Counselor and Clinical Professional Counselor Licensing Act, and this is supported by the Department of Finance and Professional Regulation. Ask for your support on Senate Bill 2345.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2345 pass. Those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 2345, having received the required constitutional majority, is declared passed. Senate Bill 2348. Senator Cullerton. Senate Bill 2350. Senator Harmon. Madam Secretary, read the bill.
Senate Bill 2350. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2350 is a -- one of the many bills in response to the Olender decision that declared several existing laws unconstitutional, as the bill violated the single subject rule. This bill would reenact the Senior Citizen Assessment Freeze Homestead Exemption in its current form. I am not aware of any opposition to the bill and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2350 pass. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 2350, having received the required constitutional majority, is declared passed. Senate Bill 2360. Senator Clayborne. Out of the record. Senate Bill 2395. Senator Wilhelmi. Senate Bill 2397. Senator Halvorson. Senate Bill 2399. Senator Halvorson. Senate 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Bill 2402. Senator Millner, on his first bill. Senator -- Madam Secretary, please read Senator Millner’s first bill.
Senate Bill 2402. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Was that a motion to adjourn? Oh! Senator Millner.
Thank you, Mr. President and Members of the Senate. Senate Bill 2402 amends the Unified Code of Corrections, and it provides that the amount of credit to be applied against a sentence of imprisonment or periodic imprisonment when the defendant served a term of {sic} (or) partial term or {sic} (of) periodic imprisonment shall be calculated upon the basis of the actual days spent in confinement rather than the duration of the term. In essence, this bill acts to clarify the defendants who serve periodic imprisonment only receive credit for the time they actually serve in jail.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Halvorson. Senator Haine.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) I think so. Yeah, he indicates he will yield. Senator Haine.
Senator, are you standing here in the Well of the Senate asking us to vote for a bill giving credit to criminals?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
This -- yes. They already receive credit and this just clarifies the type of credit they receive.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Will the sponsor yield for another question?
PRESIDING OFFICER: (SENATOR HENDON) 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 He indicates he will yield. Senator Haine.
Senator, do you realize that the public defenders of Illinois are not against this bill? Does that tell you something?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Yes, and they’re also not for this bill, but yes. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Will the sponsor yield for one last question? I note that the Sheriffs’ Association has not taken a position on this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner, that was a question, sir.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Mr. President, we have here a bill, by a former chief of police, giving credit to convicted criminals, giving -- not endorsed by the sheriffs of Illinois, not opposed by the public defenders of Illinois, and he’s standing here asking us to vote for this bill.
PRESIDING OFFICER: (SENATOR HENDON) Was that a question to me, sir, or to the… I’m trying to figure out what kind of credit it is. Visa? MasterCard?
It’s a -- it’s a purely demagogic misstatement of the facts on his first bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you -- thank you, Mr. President. I noticed you didn’t recognize me when I was trying to make a motion to adjourn before this young Senator’s first bill here. But I have a couple of 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 questions if I could, Mr. President, to this rookie Senator.
PRESIDING OFFICER: (SENATOR HENDON) Make your questions to the rookie Senator, sir.
The first one is I want to know whether the former Police Chief of Elmhurst, former President of the Illinois Police Chiefs’ Association, can still fit into his old police chief uniform?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Of course.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
I -- I just wanted to make sure he wasn’t eating too many hors d’oeuvres at any of these receptions we have here. Senator Millner, periodic imprisonment is in this bill. Is periodic imprisonment like when we’re held here hostage by President Jones and Speaker Madigan in overtime, or what does that mean?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
I’m not sure I can address that due to lack of experience, and back to your other question, I think I should have said “hopefully”.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Last question, Mr. President. I just want to make sure that Senator Millner knows that when he’s going up and down I-55, coming down here to serve the people of his district that he serves so well, that he still needs to drive the speed limit even with that nice light blue license plate that we have. So, thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Thank you, Mr. President. Senator, would you yield? I have 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 a question: What is the relationship between sentencing and credit? Are you-all sentencing people and then you give them credit for sentencing them, or how does this work?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Yes, you -- you receive credit for this -- the time you serve. In -- in essence, this arose out of a situation where a defendant was convicted of reckless homicide and sentenced to probation and three hundred and sixty-four days in the county jail. The defendant was allowed to serve his sentence on the weekends as a term of periodic imprisonment. After actually serving only thirty days of the jail sentence, the defendant violated his probation by showing up to jail drunk. The defendant was then resentenced to a term of periodic imprisonment, and though the defendant -- served only thirty actual days, he was given credit for the entire period that he was on the term of periodic imprisonment, approximately nine hundred days and this was for a reckless homicide.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
…I be able to get a voucher for the credit, because I wanted to use the -- the voucher to -- to go and shop at Nordstrom’s. So, will I be able to -- how much -- how much credit can I get?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
I’m not sure how to answer that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
What do you mean you don’t know how to answer that? Isn’t this your bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner, is this your bill, sir? Senator Millner.
I’m debating if -- I’m not sure if you can get credit for the two cartons of cigarettes or not. 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lightford.
Can you please define “actual incarceration”?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
The -- the -- the -- the actual time you serve in jail confined.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
In house arrest, county jail, State jail, federal jail? Can you define what type of jail?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Yes. That would be in the county jail. Incarcerated actually at the jail, not in home detention or anything like that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Again, can you define “actual”?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Yes. This -- this guy was serving weekends, and the -- the time that he served -- for example, you know, a weekend every month. What they did is they transferred that time, the duration of the time. So, in other words, he served for six months on the weekends, but the law, basically at that time, said he served actually six months. So, however many days, half of three hundred and sixty-five is what he served at that particular point in time, plus his time for good credit. So it -- it’s beyond the 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 time that he served, when, in fact, he actually served only so -- so many days behind.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Ladies and Gentlemen of the Senate, we have a new Member who allows incarcerated individuals to only serve on weekends. He gives them good credit. He gives credit so that Senator Hunter can shop at Nordstrom’s, and I believe that we should pass this bill out of here with flying colors. Welcome to the General Assembly.
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He’s sweating, but I think he will yield. Senator.
Thank you. Senator Millner, I understand that you were a police chief in Elmhurst and I was just wondering, if you get this bill passed, don’t ever apply in Stickney, because we’re very funny about things like this. But I must say to you, in all due respect, it takes courage for a police chief to sponsor a bill like this. Are you sure you -- do you ever want to apply again as a police chief?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
I -- I do not think so.
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito.
That’s a very wise decision, Senator. I think I'd stay as a Senator as long as I could. I don’t think I'd ever apply to be a police chief anywhere else. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, Mr. President, question of the sponsor. 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Demuzio.
Yes, Senator, in looking at -- at the bill, is this modeled after your short stay here? Is that -- in the Senate, using your good time, and would you share your good time with your seatmates or -- instead of a cellmate, a seatmate? So, is this bill modeled after your -- your short tenure here?
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
I’m not really sure, but it sounded right.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner -- I mean, Senator Demuzio.
Just want to say, we’ll be taking a vote here shortly, and welcome to the General Assembly.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner, to close. If you wish to close, sir.
Thank you. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) That was your close, sir?
Vote for the bill, please.
PRESIDING OFFICER: (SENATOR HENDON) Okay. The question is, shall Senate Bill 2402, Senator Millner’s first bill, pass. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. And Senate Bill 2402, having received the required constitutional majority, is declared passed. Senate Bill 2412. Out of the record. Senate Bill 2456. Senator Althoff. 2456. Senator Althoff. Out of the record. Senate Bill 2475. Senator Cullerton. Senate Bill 2489. Senator Halvorson. Senator Brady, for what purpose do you seek recognition, sir?
Inquiry of the Chair. 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006
PRESIDING OFFICER: (SENATOR HENDON) State your inquiry, sir.
My -- every time -- I was wondering if the -- I was wondering if the lighting director here could tone it down at the President’s Podium. Every time that screen goes to you, I get blinded by this blue light.
PRESIDING OFFICER: (SENATOR HENDON) That’s amazing, sir, but every time I see the poll numbers, I get blinded by your numbers as well. Just a joke. Just a joke. Senator Winkel, for what purpose do you seek recognition, sir?
Point of personal privilege. Not on fashion, but just on point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Well, thank you. Yeah, obviously. We have two special guests today on the Republican side in the gallery. Like you to welcome Professor James Nowlan. He’s the Director of Civic Leadership Program at the University of Illinois, and he’s got a guest with him, a Professor Shu, a -- a distinguished professor of government from Shanghai.
PRESIDING OFFICER: (SENATOR HENDON) Would our guests please rise and be welcomed to the Senate? Please, Professors Shu, Professor Nowlan, welcome. Senator Bomke, for what purpose do you seek recognition, sir?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
We have with us again, behind the Republican gallery, visiting with us, girls from the Lutheran School -- Zion Lutheran School in Lincoln and their chaperon is Jill Apel. Will you please help me welcome them to Springfield?
PRESIDING OFFICER: (SENATOR HENDON) Would the lovely ladies from Zion please stand and be 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 welcomed to the Senate? Give them a big applause. Welcome to the Senate. They’re all so young we can’t tell the chaperon from the students. Senator Petka, for what purpose do you see recognition, sir?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point, sir.
On Senate Bill -- 1681, it was my legislative intent to vote No, but because of a possible appearance of impropriety, I voted Present.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Back to the agenda. Senate Bill 2489 is out of the record. Senate Bill 2491. Senator Garrett. Out of the record. 2491, out of the record. Oh! Out of the record. Senate Bill 2495. Senator Link. 2495. Senator Link. 2495. Senate Bill 2513. Senator Sullivan. Out of the record. Senator Burzynski, for -- for what purpose do you seek recognition, sir?
Thank you, Mr. President. Just for the purposes of two announcements, please. First of all, I'd like the record to reflect that Senator Dale Righter is in his district today on legislative business and will not be here. And, secondly, after adjournment, immediately after adjournment today, there will be a Republican Caucus in Senator Watson’s Office. Immediately after adjournment. Thank you, sir.
PRESIDING OFFICER: (SENATOR HENDON) There will be a Republican Caucus immediately after adjournment in Senator -- Leader Watson’s Office and we’re going to try to get you to that caucus as soon as possible. We’re now going to turn to page 2 of your Calendar. Senate Bills 2nd Reading. Top of page 2. Senate Bill 2165. Senator Silverstein. Madam Secretary, read the bill.
Senate Bill 2165. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2170. Senator Garrett. Out of the record. Senate Bill 2196. Senator Sandoval. Senate Bill 2225. Senator Maloney. Out of the record. Senate Bill 2230. Senator Munoz. 2230. Senator Munoz. Out of the record. Senate Bill 2233. Senator Link. Madam Secretary, please read the bill.
Senate Bill 2233. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. We’re now going to return to Senate Bill 2230, Madam Secretary. Please read the bill.
Senate Bill 2230. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2236. Senator Demuzio. 2236. Senator Demuzio. Out of the record. 2237. Senator Crotty. 2257. Senator Crotty. 2269 {sic} (2267). Senator Ronen. 2267. Madam Secretary, please read the bill.
Senate Bill 2267. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. 2277. Senator Cullerton. 2277. Senator Cullerton. Out of the record. 2283. Senator Wilhelmi. Madam Secretary, read the bill.
Senate Bill 2277.
PRESIDING OFFICER: (SENATOR HENDON) Oh! 2283, I’m sorry. 2283. Senator Wilhelmi.
Senate Bill 2283. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Committee Amendment No. 2.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2292. Senator Demuzio. Out of the record. Senate Bill 2295. Senator Cullerton. Madam Secretary, please read the bill.
Senate Bill 2295. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2297. Senator Ronen. Madam Secretary, please read the bill.
Senate Bill 2297. (Secretary reads title of bill) 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 2nd Reading of the bill. The Committee on Licensed Activities adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2303. Senator Burzynski. Out of the record. Senate Bill 2312. Senator Maloney. Madam Secretary, please read the bill.
Senate Bill 2312. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2339. Senator del Valle. 2339. Senator del Valle. Out of the record. Senate Bill 2351. Senator Collins. Senate Bill 2356. Senator Hunter. Madam Secretary, read the bill.
Senate Bill -- 2356. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2381. Senator Link. Madam Secretary, read the bill.
Senate Bill 2381. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Health and Human Services adopted Committee Amendment No. 1. 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2391. Senator Haine. Madam Secretary, read the bill.
Senate Bill 2391. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2437. Senator Crotty. 2437. Senator Crotty. Madam Secretary, please read the bill.
Senate Bill 2437. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2446. Senator Forby. 2446. Senator Forby. Out of the record. I’m sorry. 2446. We’re -- we’re still on that. Senator Forby. Madam Secretary, please read the bill.
Senate Bill 2446. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2448. Senator Forby. 2448. Madam Secretary, read the bill. 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006
Senate Bill 2448. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Health and Human Services adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2449. Senator Pankau. Madam Secretary, read the bill.
Senate Bill 2449. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Labor adopted Committee Amendment No. 2.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2454. Senator DeLeo. Madam Secretary, read the bill.
Senate Bill 2454. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2455. Senator Trotter. Out of the record. Senate Bill 2465. Senator Cullerton. Madam 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Secretary, please read the bill.
Senate Bill 2465. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 2487. Senator Silverstein. Madam Secretary, read the bill.
Senate Bill 2487. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill -- 2510. Senator Raoul. Out of the record. Senate Bill 2520. President Jones. Madam Secretary, read the bill.
Senate Bill 2520. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. We’re now graced in the Chair by Senator Link.
PRESIDING OFFICER: (SENATOR LINK) Senate Bill 2521. President Jones. Madam Secretary, read the bill.
Senate Bill 2521. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2522. President Jones. Madam Secretary, read the bill.
Senate Bill 2522. (Secretary reads title of bill) 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2523. President Jones. Madam Secretary, read the bill.
Senate Bill 2523. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2524. President Jones. Madam Secretary, read the bill.
Senate Bill 2524. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2525. President Jones. Madam Secretary, read the bill.
Senate Bill 2525. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2526. President Jones. Madam Secretary, read the bill.
Senate Bill 2526. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2527. President Jones. Madam Secretary, read the bill.
Senate Bill 2527. 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2528. President Jones. Madam Secretary, read the bill.
Senate Bill 2528. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2529. President Jones. Madam Secretary, read the bill.
Senate Bill 2529. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2530. President Jones. Madam Secretary, read the bill.
Senate Bill 2530. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2531. President Jones. Madam Secretary, read the bill.
Senate Bill 2531. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2532. President Jones. Madam Secretary, read the bill.
33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Senate Bill 2532. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) Read -- 3rd Reading. Senate Bill 2533. President Jones. Madam Secretary, read the bill.
Senate Bill 2533. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2534. President Jones. Madam Secretary, read the bill.
Senate Bill 2534. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2535. President Jones. Madam Secretary, read the bill.
Senate Bill 2535. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2536. President Jones. Madam Secretary, read the bill.
Senate Bill 2536. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2537. President Jones. Madam Secretary, read the bill. 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006
Senate Bill 2537. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2538. President Jones. Madam Secretary, read the bill.
Senate Bill 2538. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2539. President Jones. Madam Secretary, read the bill.
Senate Bill 2539. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2540. President Jones. Madam Secretary, read the bill.
Senate Bill 2540. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2541. President Jones. Madam Secretary, read the bill.
Senate Bill 2541. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2542. President Jones. Madam 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Secretary, read the bill.
Senate Bill 2542. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2554. Senator Silverstein. Madam Secretary, read the bill.
Senate Bill 2554. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2555. Senator Dillard. Out of the record. Senate Bill 2556. Senator Jacobs. Madam Secretary, read the bill.
Senate Bill 2556. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2562. Senator John Sullivan. Read the bill, Madam Secretary.
Senate Bill 2562. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2570. Senator Garrett. Senator Garrett. Out of the record. Senate Bill 2587. Senator Millner. Madam Secretary, read the bill.
Senate Bill 2587. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2601. Senator Haine. Madam Secretary, read the bill.
Senate Bill 2601. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senator -- Senate Bill 2615. Senator Shadid. Out of the record. Senate Bill 2630. Senator Lightford. Madam Secretary, read the bill.
Senate Bill 2630. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2639. Senator Garrett. Senator Garrett. Out of the record. Senate Bill 2655. Senator Cullerton. Madam Secretary, read the bill.
Senate Bill 2655. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2664. Senator Crotty. Read -- Madam Secretary, please read the bill.
Senate Bill 2664. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2670. Senator Collins. Out of the record. We’ll skip over this bill. Senate Bill 2711. Senator Althoff. Out of the record. Senate Bill 2713. Senator 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Wilhelmi. Madam Secretary, please read the bill.
Senate Bill 2713. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2726. Senator Viverito. Madam Secretary, please read the bill.
Senate Bill 2726. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2728. Senator Viverito. Madam Secretary, please read the bill.
Senate Bill 2728. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2739. Senator Cullerton. Madam Secretary, please read the bill.
Senate Bill 2739. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. There’s a fiscal note on -- Senate Bill 2748. Senate Bill 2763. Senator Clayborne. Out of the record. Senate Bill 2770. Senator Pankau. Madam Secretary, please read the bill.
Senate Bill 2770. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senator DeLeo, for what purpose do you rise? SENATOR DeLEO: Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point. SENATOR DeLEO: Thank you very much. Ladies and Gentlemen of the Chamber, next Tuesday is Valentine’s Day and everybody has somebody very special in their life. I wanted to remind everybody that next Tuesday is Valentine’s Day, but, but, Mr. Chairman -- Mr. President, the Valentine of my life is having a birthday tomorrow. Senator Susan Garrett is celebrating her birthday tomorrow and I'd like this Chamber to welcome her, give her a very warm happy birthday. Senator Garrett.
PRESIDING OFFICER: (SENATOR LINK) Happy birthday, Senator Garrett, and we’ll expect a cake on Tuesday. Senate Bill 2772. Senator Peterson. Madam Secretary, please read the bill.
Senate Bill 2772. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senator Burzynski, for what purpose do you rise?
Thank you, Mr. President. Purposes of an introduction. We’re very pleased today to have a gentleman from southern Illinois visiting the Chamber here, learning what politics and government in Illinois should all be about by watching the Senate action. Please help me in recognizing Representative Mike Bost in the gallery behind me.
PRESIDING OFFICER: (SENATOR LINK) Welcome, Representative Bost, to the upper Chamber. Senate Bill 2774. Senator Crotty. Madam Secretary, please read the bill. 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006
Senate Bill 2774. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2778. Senator Sieben. Senator Sieben. Out of the record. Senate Bill 2782. Senator Halvorson. Out of the record. Senate Bill 2784. Senator Garrett. Senator Garrett. Out of the record. Senate Bill 2807. Out of the record. Senate Bill 2837. Senator Demuzio. Out of the record. Senate Bill 2865. Senator Harmon. Madam Secretary, please read the bill.
Senate Bill 2865. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2871. Senator Harmon. Madam Secretary, please read the bill.
Senate Bill 2871. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2878. Senator Sandoval. Senator Sandoval. Out of the record. Senate Bill 2899. Senator Haine. Senator Haine. Out of the record. Senate Bill 2909. Senator Silverstein. Senator Silverstein. Madam Secretary, please read the bill.
Senate Bill 2909. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2915. Senator Haine. Madam 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Secretary, please read the bill.
Senate Bill 2915. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2917. Senator Haine. Madam Secretary, please read the bill.
Senate Bill 2917. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2936. Senator Ronen. Madam Secretary, please read the bill.
Senate Bill 2936. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2951. Senator Garrett. Senator Garrett. Out of the -- Madam Secretary, please read the bill.
Senate Bill 2951. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 2952. Senator Garrett. Madam Secretary, please read the bill.
Senate Bill 2952. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 3rd Reading. Senate Bill 2954. Senator Cullerton. Madam Secretary, please read the bill.
Senate Bill 2954. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill… Out of the record. Senate Bill 2971. Senator Roskam. Senator Roskam. Out of the record. Senate Bill 2978. Senator Halvorson. Out of the record. Senate Bill 2981. Senator Halvorson. Senator Halvorson. Out of the record. Senate Bill 2998. Senator Silverstein. Senator Silverstein. Out of the record. Senate Bill 3010. Senator Cullerton. Madam Secretary, please read the bill.
Senate Bill 3010. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Health and Human Services adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR LINK) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Senate Bill 3011. Senator Wilhelmi. Madam Secretary, please read the bill.
Senate Bill 3011. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. There’s a fiscal note on -- Senate Bill -- 3046 - Senate Bill 3046. Senate Bill 3076. Senator Raoul. Madam Secretary, please read the bill.
Senate Bill 3076. 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Leave of the Body, we’ll return to Senate Bill 3088 at another time. Senate Bill -- with leave of the Body, we’ll return to Senate Bill 2899. Page 7. Senator Haine. Madam Secretary, please read the bill.
Senate Bill 2899. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Madam Secretary, Committee Reports.
Senator Collins, Chairperson of the Committee on Financial Institutions, reports Senate Bill 2569 Do Pass, as Amended.
PRESIDING OFFICER: (SENATOR LINK) With leave of the Body, we will return to page 7 for Senate Bill 2915. Senator Haine. Madam Secretary, please read the bill. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all resolutions read in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolutions on the Consent Calendar?
There have been no objections filed, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) If there -- if not, the question is, shall the Resolution Consent Calendar be adopted. All those in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The motion is carried. The resolution is adopted. Madam Secretary, are -- any resolutions?
Yes, Mr. President. Senate Joint Resolution 76, offered by Senator Halvorson. (Secretary reads SJR No. 76)
PRESIDING OFFICER: (SENATOR LINK) 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 73rd Legislative Day 2/9/2006 Senator Halvorson moves to suspend the rules for the purpose of immediate consideration for the adoption of Senate Joint Resolution 76. Those in favor will say Aye. Those opposed will say Nay. The Ayes have it. The rules are suspended. Senator Halvorson now moves the -- the adoption of (Senate) Joint Resolution 76. All in favor will say Aye. Opposed, Nay. The Ayes have it. The resolution is adopted. Pursuant to Senate Joint Resolution 76, the Senate stands adjourned until the hour of 12 noon on Tuesday, February 14th, 1976. The Senate stands adjourned -- or, 2006. Sorry. Senate stands adjourned. 44