PRESIDING OFFICER: (SENATOR DEL VALLE) 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 Nancy Flood, Baha’i Faith, Springfield, Illinois.
(Prayer by Nancy Flood)
PRESIDING OFFICER: (SENATOR DEL VALLE) Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR DEL VALLE) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Friday, February 24, 2006.
PRESIDING OFFICER: (SENATOR DEL VALLE) 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 DEL VALLE) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. 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 adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 66. Adopted by the House, February 23rd, 2006, and it is substantive.
PRESIDING OFFICER: (SENATOR DEL VALLE) Madam Secretary, Resolutions.
Senate Resolution 660, offered by Senator Geo-Karis. It is substantive. 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 And then Senate Resolution 661, offered by Senator Shadid and all Members. It is a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR DEL VALLE) Resolutions Consent Calendar. Introduction of Bills.
Senate Bill 3174, offered by Senator Sandoval. (Secretary reads title of bill) And Senate Bill 3175, offered by Senator Rauschenberger. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DEL VALLE) Madam Secretary, House Bills 1st Reading.
House Bill 2150, offered by Senator Martinez. (Secretary reads title of bill) House Bill 4132, offered by Senator Haine. (Secretary reads title of bill) House Bill 4157, offered by Senator Righter. (Secretary reads title of bill) House Bill 4161, offered by Senator DeLeo. (Secretary reads title of bill) House Bill 4195, offered by Senator del Valle. (Secretary reads title of bill) House Bill 4298, offered by Senator Jacobs. (Secretary reads title of bill) House Bill 4398, offered by Senator Trotter. (Secretary reads title of bill) House Bill 4446, offered by Senator Collins. (Secretary reads title of bill) House Bill 4456, offered by Senator Lightford. (Secretary reads title of bill) House Bill 4832, offered by Senator Watson. (Secretary reads title of bill) House Bill 4955, offered by Senator Maloney. (Secretary reads title of bill) House Bill 4986, offered by Senator Sullivan. (Secretary reads title of bill) House Bill 5220, offered by Senator Munoz. 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 (Secretary reads title of bill) House Bill 5300, offered by Senator Harmon. (Secretary reads title of bill) House Bill 5349, offered by Senator Haine. (Secretary reads title of bill) House Bill 5375, offered by Senator Hunter. (Secretary reads title of bill) House Bill 5385, offered by Senator Cullerton. (Secretary reads title of bill) And House Bill 5386, offered by Senator Garrett. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Halvorson, for what purpose do you rise?
For a point of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your announcement, please.
I would like the record to reflect that Senator Silverstein is not here due to illness and Senator Viverito is not here due to personal business back in his district.
PRESIDING OFFICER: (SENATOR DEL VALLE) The record will so reflect. Will all the Members within the sound of my voice please come to the Senate Floor? We are going to proceed to the Order of 2nd Reading, and after we go through 2nd Reading, we’ll -- we will be going to 3rd Reading. So we ask all Members to please come to the Floor. Ladies and Gentlemen, on the top of page 2, on the Order of 2nd Reading. Top of page 2, on the Order of 2nd Reading. Senator Dillard, on Senate Bill 1835. Senator Dillard. Senator Jacobs, on Senate Bill 2144. Senator Silverstein, on Senate Bill 2180. Senator Sandoval, on Senate Bill 2196. Senator Dillard, on Senate Bill 2198. Senator Maloney, on Senate Bill 2225. Senator Maloney, on Senate Bill 2229. Senator Crotty, on Senate Bill 2237. Senator Bomke, on Senate Bill 2263. Senator Burzynski, on Senate Bill 2303. Senator -- Senator Garrett, on Senate Bill 2326. Senator Collins, on Senate Bill 2349. Senator Raoul, on Senate Bill 2368. Senator Raoul, on 2369. Senator Millner, on Senate Bill 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 2374. Senator Cullerton, on Senate Bill 2415. Senator Millner, on Senate Bill 2426. Senator Link, on Senate Bill 2442. Senator Trotter, on Senate Bill 2455. Senator Raoul, on Senate Bill 2510. Senator Demuzio, on Senate Bill 2519. Senator Silverstein, on Senate Bill 2558. Senator Halvorson, on Senate Bill 2561. Senator Cullerton, on Senate Bill 2568. Madam Secretary, please read the bill. No. Out of the record. Senator Silverstein, on Senate Bill 2574. Senator Clayborne, on Senate Bill 2580. Senator Link, on Senate Bill 2611. Senator Shadid, on Senate Bill 2615. Senator Dillard, on Senate Bill 2616. Senator Dillard, on Senate Bill 2617. Senator Collins, on Senate Bill 2619. Senator Collins, Senate Bill 2670. Senator Demuzio, on Senate Bill 2674. Senator Silverstein, on Senate Bill 2676. Senator Link, on Senate Bill 2688. Senator Trotter, on Senate Bill 2693. Senator John Sullivan, on Senate Bill 2716. Senator Maloney, on Senate Bill 2737. Senator Althoff, on Senate Bill 2777. Senator Shadid, on Senate Bill 2795. Senator Bomke, on Senate Bill 2798. Senator Forby, on Senate Bill 2810. Senator Forby, on Senate Bill -- 2810. I’m sorry. Senator Lightford, on Senate Bill 2829. Senator Schoenberg, on Senate Bill 2845. Senator Munoz, on Senate Bill 2869. Senator Link, on Senate Bill 2884. Madam Secretary, please read the bill.
Senate Bill 2884. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DEL VALLE) 3rd Reading. Senator Wendell Jones, on Senate Bill 2960. Senator Petka, on Senate Bill 2962. Senator Cullerton, on Senate Bill 2965. Senator Bomke, on Senate Bill 2967. Senator Bomke, on Senate Bill 2967. Senator Burzynski, on Senate Bill 2969. Senator Hendon, on Senate Bill 2983. Madam Secretary, please read the bill.
Senate Bill 2983. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006
PRESIDING OFFICER: (SENATOR DEL VALLE) 3rd Reading. Senator Silverstein, on Senate Bill 2998. Senator Dillard, on Senate Bill 3016. Senator Silverstein, on Senate Bill 3037. Senator Crotty, on Senate Bill 3046. Senator Trotter, on Senate Bill 3053. Senator Hendon, on Senate Bill 3056. Senator Hendon, on Senate Bill 3056. Madam Secretary, read the bill. Senator Hendon, for what purpose do you rise?
Mr. President, I -- I -- I -- I made a mistake and I -- I moved Senate Bill 2983 to 3rd. I -- I didn’t mean -- I moved the wrong bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Well, Senator, you -- you’ll be able to recall that bill.
Okay.
PRESIDING OFFICER: (SENATOR DEL VALLE) On the Order of Senate Bill 3056, do you want to move that bill?
Move.
PRESIDING OFFICER: (SENATOR DEL VALLE) Madam Secretary, please read the bill.
Senate Bill 3056. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce and Economic Development adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR DEL VALLE) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DEL VALLE) 3rd Reading. We are proceeding to 3rd Reading, bottom of page 5. 3rd Reading, bottom of page 5. Senator DeLeo, on Senate Bill 392. Senator DeLeo. Senate Bill 392. Senator Crotty, on Senate Bill 618. Senator DeLeo, on Senate Bill 789. Senator Haine, on Senate Bill 819. Senator Haine. Senate Bill 819. Senator Hendon, on Senate Bill 820. Senator Trotter, on Senate 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 Bill 821. Senator Trotter, on Senate Bill 841. Senator Maloney, on Senate Bill 843. Senator Sandoval, on Senate Bill 854. Senator Shadid, on Senate Bill 855. Senator -- Senator Garrett, on Senate Bill 880. We’ll remind the Members that this is deadline week and so you need to think about moving your bills. Senator Link, on Senate Bill 893. Senator Clayborne, on Senate Bill 894. Senator Schoenberg, on Senate Bill 951. Senator Schoenberg, on Senate Bill 999. Senator Martinez, on Senate Bill 1085. Do you wish to proceed? Senator Sullivan, on Senate Bill 1086. Senator John Sullivan. Senate Bill 1086. Senator Link, on Senate Bill 1087. Senator Crotty, on Senate Bill 1183. Senator Halvorson, on Senate Bill 1214. Senator Trotter, on Senate Bill 1547. Senator Meeks, on Senate Bill 1839. Proceeding to the top of page 7. Senator Clayborne, on Senate Bill 1991. Senator Harmon, on Senate Bill 2123. Senator Watson, on Senate Bill 2130. Madam Secretary, read the bill.
Senate Bill 2130. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Watson.
Yes. Thank you very much, Mr. President. This bill was agreed to by the Senate Transportation Committee. The amendment actually became the bill and it authorizes the Secretary of State to create a new Support Our Troops license plate. In addition to the regular registration fee, a forty-dollar fee will be charged to the applicant. Twenty-five of that -- dollars of that will go to the Support Our Troops Fund and fifteen goes into the Secretary of State Special License Plate Fund. I know of no objection and be glad to answer any questions.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Rutherford.
Mr. President, I know that sometimes you do things in this Chamber that may seem very, very strange and probably the direct mail piece conversation that takes place. But I have made a statement in the past, and have for a number of years, regarding 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 specialty license plate. And albeit the end result for this is an honorable and admirable goal, I do still stand and will not be voting for this because it does create one more specialty license plate that we have here in the State of Illinois.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Watson, to close. Is there any more discussion? If not, the question is, shall Senate Bill 2130 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 46 Ayes, 1 Nay, none voting Present. Senate Bill 2130, having received the required constitutional majority, is declared passed. Senator Halvorson, on Senate Bill 2137. Senator Harmon, on Senate Bill 2162. Madam Secretary, read the bill.
Senate Bill 2162. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2162 amends the Illinois Parentage Act. It -- in essence, it would prohibit a rapist from seeking custody of the child produced by that rape. We have amended it in response to concerns raised in the Judiciary Committee to include exceptions for the mother’s consent or the mother’s guardian’s consent. With that amendment, I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2162 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 47 Ayes, no Nays, none voting Present. Senate Bill 2162, having received the required constitutional majority, is declared passed. Senator Garrett, on Senate Bill 2170. Madam Secretary, read the bill. 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006
Senate Bill 2170. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Garrett.
Yes. Thank you, Mr. President. Senate Bill 2170 provides safeguards for patients that are going, especially, from a hospital to, as an example, a nursing home in a nonemergency vehicle. We learned that many times people who don’t need to use these nonemergency vehicles are -- are -- are using them not fully aware that Medicare or their insurance doesn’t cover it. What this bill does is require that there is a consent form that allows for the hospital or the discharging unit of a hospital to explain that these fees may not be covered through insurance. So they have to sign off on it, and also some of these issues -- will also be explained to the patient, and I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Righter.
Thank you, Mr. President. I rise in support of Senate Bill 2170. Senator Garrett did a very good job of sitting down with all the stakeholders in this process and came back with -- to the committee with an amendment that was well thought out and very reasonable, and I urge its passage. Thank you.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Luechtefeld.
Thank you -- thank you, Mr. Chairman, Members of the Senate. Senator, you and I -- I talked to you or asked you a couple of questions about this, and you say most of those have been resolved and you feel -- you feel comfortable that the emergency units are comfortable with this?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Garrett.
Yes, Senator. Actually there is no opposition and all of 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 the association ambulance organizations are in support of this.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2170 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 49 Ayes, no Nays, none voting Present. Senate Bill 2170, having received the required constitutional majority, is declared passed. Senator Collins, on Senate Bill 2191. Madam Secretary, read the bill.
Senate Bill 2191. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Basically, Senate Bill 2191 incorporates specific financial literacy concepts into the already mandated high school consumer education program. Some of the items listed to be included include credit scoring, managing credit debt, completing a loan application, savings and investing, banking and understanding simple contracts. Initially, when it was presented, we worked out some of the concerns that were raised and now the ISBE, Statewide School Management Alliance and IEA stand -- no position on the legislation. And it’s a -- I’m sorry, the proponent is the Illinois Bankers Association. So I ask for your support and I’m -- welcome any questions that you might have.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? The question is, shall Senate Bill 2191 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 50 voting Aye, none voting Nay, none voting Present. Senate Bill 2191, having received the required constitutional majority, is declared passed. Senator Link, on Senate Bill 2233. Madam Secretary, read the bill. 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006
Senate Bill 2233. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
Thank you, Mr. President. Senate Bill 2233 is the automotive repairers shall be -- provide proof that comply with all requirements of Automotive Collision Repair. If a person is engaged in activities associated with the automotive collision repair as covered in the Automotive Collision Repair Act, then a person shall comply with the provision of the Act. I know of no opposition, as amended.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Bomke.
Thank you, Mr. President. This did come out of Transportation with no opposition. Appreciate the sponsor’s hard work on it -- and he’s going to take it out of the record? Take it…okay.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
Take that out of the record because we have another Floor amendment that’s going to be filed on this. I’m sorry.
PRESIDING OFFICER: (SENATOR DEL VALLE) Out of the record. Senator Demuzio, on Senate Bill 2236. Senator Cullerton, on Senate Bill 2243. Senator Link, on Senate Bill 2246. Senator Sandoval, on Senate Bill 2254. Senator Crotty, on Senate Bill 2257. Senator Forby, on Senate Bill 2262. Proceeding to the top of page 8. Senator -- Senator Ronen, on Senate Bill 2267. Senator Cullerton, on Senate Bill 2277. Senator Cullerton, on Senate Bill 2284. Senator Clayborne, on Senate Bill 2285. Senator Martinez, on Senate Bill 2290. Senator Haine, on Senate Bill 2302. Senator Cullerton, on Senate Bill 2310. Senator Jacobs, on Senate Bill 2325. Senator Martinez, on Senate Bill 2328. Senator Jacobs, on Senate Bill 2330. Senator Watson, on Senate Bill 2333. With leave of the 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 Body, we’ll return to Senate Bill 2339. Senator Collins, on Senate Bill 2351. Madam Secretary, read the bill.
Senate Bill 2351. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2351 creates a new scholarship program which is administered by ISAC and subject to appropriation. It would provide high achieving students eligible for one thousand dollars in tuition and fee assistance if they are in the custody of grandparents and receive public aid. This is a one-time freshman year only grant to help pay for tuition and mandatory fees. To qualify, a student must achieve the following criteria: Be in the legal custody of his or her grandparent and be eligible for public aid under the Illinois Public Aid Code, and be a high school gradate with a cumulative high school GPA of at least 3.0 on a 4.0 scale, and receive the recommendation of the principal or other administrative officer of the high school, and enroll in an institution of higher learning in the State of Illinois. One of the reasons I felt this legislation was important, that it -- that in 2000, U.S. census reported that 4.5 million children are living in grandparent-headed homes and almost seventy-one percent of these grandparents are under the age of sixty, and I felt that this was some way to give some assistance to grandparents that find themselves in the position of raising their grandchildren. I’m open for any questions.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Geo-Karis.
Would the sponsor yield?
PRESIDING OFFICER: (SENATOR DEL VALLE) Sponsor indicates she will yield.
The way that your bill is stated here, it is higher education student -- assistance. What -- what do we mean by 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 grandparent?
PRESIDING OFFICER: (SENATOR DEL VALLE) Excuse me, Senator Geo-Karis. We’re having difficulty hearing the speakers. Can we please keep the noise level down? Thank you. Senator Geo-Karis. Senator Geo-Karis.
…Assistance-grant raised by grandparent. What do you mean by that? I -- I don’t quite get the -- the significance of it.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Collins.
Some students are in the custody of their grandparents because of distress and the grandparents have legal custody of the -- the -- of the children. But a lot of times the grandparents are seniors with very fixed income, and so this is a way of trying to give some remedy, but rewarding those students how -- that are high achieving. Give them some assistance when they enter their first year as freshmen in a State university and is subject to appropriation.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2351 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 50 Yeas, none voting Nay, none voting Present. Senate Bill 2351, having received the required constitutional majority, is declared passed. Senator Sandoval, on Senate Bill 2376. Senator Haine, on Senate Bill 2391. Madam Secretary, read the bill.
Senate Bill 2391. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The -- the gist of Senate Bill 2391 and Committee Amendment No. 1 to that bill makes trafficking -- meth trafficking a separate offense, increases the penalties for it. 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 The Supreme Court, of course, has ruled that trafficking can be a greater penalty because things are being brought in from out of State. We’ve taken steps in the past few years to increase the penalties for the manufacture of meth, for the -- the distribution of meth and ancillary things, and this bill fills in some of the blanks left in those efforts. For example, it adds “knowingly” to certain provisions of the bill we passed last year, which had been inadvertently omitted. It -- it -- it also increases the penalties and establishes sanctions for bringing the precursors to meth, Sudafed and the rest of it, into Illinois, as well -- as well as the manufacture and importation of some of the other precursor elements. And it seems to be -- it would complete the mosaic that we’ve created in giving law enforcement the tools to destroy those -- the -- the -- the ability of those who are engaged in the manufacture or the importation of this terrible and lethal illegal drug. And I -- I would thank the Members of the Senate for their cooperation over the past few years, Attorney General Madigan, Senator Dale Righter and others.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Seeing none, the question is, shall Senate Bill 2391 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 49 voting Aye, none voting Nay, none voting Present. Senate Bill 2391, having received the required constitutional majority, is declared passed. Proceeding to the top of page 9. Senator Cullerton, on Senate Bill 2394. Senator Wilhelmi, on Senate Bill 2395. Senator Halvorson, on Senate Bill 2397. Madam Secretary, read the bill.
Senate Bill 2397. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Halvorson.
Thank you, Mr. President, Members of the Senate. Senate 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 Bill 2397 is an initiative of the League of Women Voters. You know what? They’re very active in watching -- taking part in elections, and in a few counties, DuPage County being one of them, they are continuously turned down when it comes to pollwatching, because in their bylaws, it doesn’t say that they’re looking for fraud; they just want to be a part of the election. So, we have this bill that allows a -- one pollwatcher per precinct to be appointed by organizations such as the League of Women Voters. In most counties, they are allowed to do it, but because of this little glitch, there’s the ability not to let them. So with this piece of legislation, we should allow our League of Women Voters to partake in the good ol’ election process.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Axley.
Thank you, Mr. President. To the bill: For the benefit of my colleagues, this passed out of Local Government 9 to 0. It’s a wonderful bill and we commend the Senator for her work in this matter.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2397 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 50 Ayes, no Nays, none voting Present. Senate Bill 2397, having received the required constitutional majority, is declared passed. Senator Cullerton, on Senate Bill 2400. Senator Cullerton, on Senate Bill 2405. Senator Clayborne, on Senate Bill 2412. Senator Crotty, on Senate Bill 2436. Senator Cullerton, on Senate Bill 2445. Madam Secretary, read the bill.
Senate Bill 2445. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This is a 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 request of a -- a -- in my district of a -- an alderman, Alderman Shiller, to allow for a liquor license to go to a restaurant that is near a school and, unfortunately, we have to amend the statute each time we do this. We’ve amended this bill so that it’s limited to this one location and it would require written approval of the general superintendent of schools from the Chicago Public School District, as well as the alderman, before the issuance of a license could -- could be granted. I'd be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DEL VALLE) Sponsor indicates he will yield.
Senator Cullerton, in looking at my analysis of the bill, this doesn’t be -- this doesn’t appear to be a situation where we’re trying to grandfather someone in; this appears to be a situation where we’re accommodating a restaurant’s move that places them within the prohibited area. Is that -- is that a fair characterization of the bill?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Cullerton.
It’s a little different. There’s an existing restaurant. They went ahead and acquired new property across the street, literally across the street, and entered into leases and then found out that it’s about five feet or so, by the way we define it, close -- within five feet of a school of -- within ninety- five feet of a school as opposed to a hundred and five feet of a school and that’s why they need the -- to pass this. But it is an existing restaurant that went ahead and commit -- made financial commitments. Again, it was brought to my attention by the elected official within the ward, the alderman, and we tie it into approval of the Chicago Board of Education, as well.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Righter.
15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 So it -- to you, is it important that the school district signed off on this, Senator Cullerton? And I guess the reason I’m asking this is because we are doubtless going to run into this situation again, whether it’s in Chicago or some other city in the State, where you’ve got a facility that sells alcohol that wants to make a move, that’s going to place it within the prohibited range, as outlined by the statute, and someone’s going to want to help ‘em, and for the benefit of that person who comes back and does this again - maybe not you, maybe someone else - do you think that this -- this is a good general rule to have the school district sign off on it?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Cullerton.
I personally think you should take each one of these on an individual basis. So there’s other factors, as well: The fact that the restaurant does not serve alcohol during the day - it only serves it at night when the -- the school is out -- out of school; the fact that it’s not a packaged liquor store, that it’s not -- in fact, even in the statute it specifically says it -- it -- it has to be incidental, not the primary source of business to -- to sell liquor. So all those factors have to be taken into account and I think it’s absolutely essential that the school district have the -- the veto power over whether or not these licenses should be granted, as well as the elected official -- the local elected official within the municipality.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Geo-Karis.
In other words, this restaurant has existed before. Is that correct?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Geo-Karis, could you restate that question?
In other words, Senator, the restaurant of which you speak has existed before?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Cullerton.
16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 Yes. There’s an existing restaurant right now. They’re moving across the street and it would continue in operation, in the same ownership, in the same -- the same fashion just at -- across the street, literally across the street.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Geo-Karis.
I can see the sense of that. I have no objection.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Hendon.
Thank you, Mr. President. I rise in strong support. I know alderman -- the alderman very well, being a former member of city council. She’s a very progressive person. Wouldn’t be doing this if it would harm the community in any way. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Cullerton, to close.
Yes. Thank you for the discussion. I think it’s very tightly drafted to only apply in one case and in these specific circumstances, and therefore I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2445 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 33 Yeas, 11 voting Nay, 1 voting Present. Senate Bill 2445, having received the constitutional required majority, is declared passed. Paul LaMantia of Illinois Lawmakers seeks leave to video the proceedings. Hearing no objection, leave is granted. Senator Forby, on Senate Bill 2446. Senator Althoff, on Senate Bill 2456. Madam Secretary, read the bill. Senator Althoff, seeks leave of this Body to return Senate Bill 2456 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2456. Madam Secretary, are there any amendments approved for consideration?
17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 Yes. Floor Amendment No. 1, offered by Senator Althoff.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Althoff, to explain your amendment.
Yes, please, Mr. President. Thank you. And, Members of the Senate, Amendment 2 just clarifies that it is the Department of Finance {sic} and Professional Regulation which is required to provide the brochure to the Secretary of State’s Office.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Althoff moves the adoption of Floor Amendment No. 2 to Senate Bill 2456. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DEL VALLE) 3rd Reading. Senator Cullerton, on Senate Bill 2465. Senator Crotty, on Senate Bill 2469. Senator Cullerton, on Senate Bill 2475. Senator Shadid, on Senate Bill 2477. Senator Shadid, on Senate Bill 2489. Senator Link, on Senate Bill 2495. Madam Secretary, read the bill.
Senate Bill 2495. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
Thank you, Mr. President. Senate Bill 2495, as amended, reinstates the bill -- or, it provides that all monies in Banks and Trusts Company Funds and Savings and recreational {sic} financial -- Finance Regulatory Fund, and Credit Union Fund are exempt from assessment {sic} or transfer under any other law or executive order, other than those for the purposes authorized by the Illinois State Auditing Act. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Brady. 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006
Sponsor yield?
PRESIDING OFFICER: (SENATOR DEL VALLE) Sponsor indicates he will yield.
Senator, this is the language that continues to allow the Governor to sweep funds out of dedicated -- sweep funds from dedicated -- what -- what -- tell me what it is again, Senator.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
It’s -- it’s just the opposite, Senator Brady. It’s preventing him from doing the sweeps in this and it’s, basically, addressing the lawsuit that was involved and it’s solving that lawsuit that’s involved.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Brady.
So, Senator, you’re proposing legislation that would make the Governor live up to his constitutional oath and prohibit him from sweeping from dedicated funds?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
I’m -- I’m proposing a piece of legislation that will solve something and it is preventing sweeps in those particular cases.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Brady.
So you agree the Governor was wrong when he began sweeping funds initially?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
As I said, the piece of legislation will prevent sweeps in those particular funds.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Brady.
19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 Senator, I want to support your legislation, but I -- I really -- you are telling the Governor that he was wrong by sweeping. That’s -- that’s the impetus here, right? You agree with the judge in Cook County that it’s unconstitutional to sweep funds?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator, I -- I thought that was your last question.
No.
PRESIDING OFFICER: (SENATOR DEL VALLE) It is your…
I’ve got a lot more.
PRESIDING OFFICER: (SENATOR DEL VALLE) We need to move on here. Is that a -- a question -- the last question?
It was a question.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
As I will say again, this is legislation that will prevent these funds from being swept.
PRESIDING OFFICER: (SENATOR DEL VALLE) Last question, Senator Brady.
No. I -- I’ve got nothing else to do. Senator, does the Governor agree with this legislation? Will he veto it? Will he sign it? Does Senator Jones agree with it? I’ll find that out later, but does the Governor agree with this legislation?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
I don’t know, Senator Brady. You probably see the Governor more than I do these days.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Hendon.
Thank you. Thank you, Mr. President. I just wanted to 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 remind Senator Brady that if lightening strikes and he becomes Governor, he’ll probably want to be able to sweep some things. So be careful what you vote for today, you might have to live by it tomorrow.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link, to close.
Thank you, Mr. President. Basically, what this does is just solve a -- a lawsuit and I think it’s a very good piece of legislation and I would ask for affirmative vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Brady, Senator Link just closed. Do you want to make a comment and then we can move onto a roll call? Senator Brady.
Senator Link, I want to -- I don’t know if you’re going to get any support on that side of the aisle, because the history is that they have been for sweeping funds, falling in line with the Governor’s stealing of dedicated funds, but I -- I want to stand in support of what you’re doing. I think I understand it and it’s finally time, as you agree, to slap the Governor on the hands and say no more, no more stealing from dedicated funds. You are to be commended. In fact, you might think about taking a desk on this side of the aisle. You are now standing up for the people of Illinois. I hope the Governor takes to heart what you’re doing. God bless you, Senator Link.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2495 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? On the question, there are 51 Ayes, no Nays, none voting Present. Senate Bill 2495, having received the required constitutional majority, is declared passed. Proceeding to the top of page 10. Senator John Sullivan, on Senate Bill 2513. Madam Secretary, read the bill.
Senate Bill 2513. (Secretary reads title of bill) 3rd Reading of the bill. 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Sullivan.
Thank you, Mr. President. Senate Bill 2513 amends the Property Tax Code -- Code by extending the repeal date for vegetative filter strip assessments from December 31 of ’06 to December 31 of 2016. These filter strips are a buffer strip that’s located between farmland and water and it’s meant to reduce runoff into lakes and streams. I'll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Seeing none, the question is, shall Senate Bill 2513 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 48 -- 48 voting Yea, none voting Nay, none voting Present. Senate Bill 2513, having received the required constitutional majority, is declared passed. Senator Ronen, on Senate Bill 2514. Senator Ronen, on Senate Bill 2515. With leave of the Body, we will proceed to page 11 on Senate Bill 2555. Senator Dillard. Senator Dillard, on Senate Bill 2555. Senator Garrett, on Senate Bill 2570. Madam Secretary, read the bill.
Senate Bill 2570. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Garrett.
Yes. Thank -- thank you, Mr. President. This bill, basically, allows for a condominium association to be able to receive the past assessments, up to six months, when there’s been a foreclosure on a condominium and a condominium is purchased by a private party. This bill is supported by the Illinois Bankers Association and the Community Association Institute. So that’s basically what it does.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Seeing none, the question is, 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 shall Senate Bill 2570 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. Take the record. On the question, there are 47 Ayes, no Nays, none voting Present. Senate Bill 2570, having received the required constitutional majority, is declared passed. Senator Ronen, on Senate Bill 2578. Madam Secretary, read the bill.
Senate Bill 2578. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Ronen.
Thank you, Mr. President, Members of the Senate. This bill originated with the Epilepsy Foundation. What it does, it says if a doctor specifically says not to substitute an epilepsy drug, the pharmacist is required to follow that doctor’s instruction and cannot change it without checking first with the doctor and the consent of the patient. This is an agreed-to bill. We changed the language and I think everybody is supportive. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Righter.
Thank you, Mr. President. I rise in support of the bill. The language in the bill more clearly puts the physician and the patient in charge of patient care, rather than someone else, and I urge its passage.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Burzynski.
Thank you, Mr. President. I rise in support of the bill as well, and also like the record to reflect that Senator Sieben is gone today on personal business in his district. Thank you.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2578 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 50 Yeas, none voting Nay, none voting Present. Senate Bill 2578, having received the required constitutional majority, is declared passed. Senator Collins, on Senate Bill 2579. Senator Haine, on Senate Bill 2608. Senator Garrett, on Senate Bill 2639. Senator Harmon, on Senate Bill 2650. Senator Harmon, on Senate Bill 2654. Senator Crotty, on Senate Bill 2664. Madam Secretary, read the bill.
Senate Bill 2664. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Crotty.
Thank you very much. Currently, statute states that no property belonging to a public utility subject to the jurisdiction of the Illinois Commerce Commission may be taken without prior approval of the Illinois Commerce Commission. It does exempt municipalities requiring a -- a combined waterworks and sewer system. Senate Bill 2664 adds sanitary district to the list of the exemptions. Now, it still maintains the requirement for a front-door referendum to annex new areas. It eliminates the requirement, like I said, of the ICC determining the public interest after the voters have already approved the annexation. And, ICC hearing has been used seven times and it’s never been refused. It also redefines contiguous annexation section to allow skipping over types of open space lands, not just some, and it’s necessary because of DNR-owned rails and trails for the -- and the not-for-profit owned parks.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Axley.
Thank you, Mr. President. To the bill: For the benefit of my colleagues, this passed out of Local Government 10 to 0. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2664 pass. Those in 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 50 Yeas, no Nays, none voting Present. Senate Bill 2664, having received the required constitutional majority, is declared passed. Proceeding to the top of page 12 on the Calendar. Senate Bill 2672. Senator Clayborne. Senator Munoz, on Senate Bill 2680. Madam Secretary, read the bill.
Senate Bill 2680. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Munoz.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2680 requires auxiliary police to complete the same required training as all other police officers. It limits the powers of auxiliary police officers and restricts the use of the terms “officer”, “peace officer”, “police”, “law enforcement”, “trooper”, “sheriff”, “deputy”, “deputy sheriff” and “state police”. I know of no opposition. I’ll attempt to answer any questions.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Seeing none, the question is, shall Senate Bill 2680 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 50 Yeas, none voting Nay, none voting Present. Senate Bill 2680, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to Senate Bill 2684. Senator Link, on Senate Bill 2691. Senator Geo-Karis, on Senate Bill 2695. Out of the record. Senator Wilhelmi, on Senate Bill 2709. Madam Secretary, read the bill.
Senate Bill 2709. (Secretary reads title of bill) 3rd Reading of the bill. 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2709 extends sunset repeal dates of tax exemptions for nursing home food, drug and medical appliances and also for goods bought for temporary storage in Illinois through 2011. The bill also amends the Property Tax Code extending the date of a repeal of a Section concerning the assessment of vegetative filter strips from December 31st, 2006, to the end of December 2016, which will also be consistent with Senator Sullivan’s bill that we just voted on a few minutes ago. I don’t believe there’s any opposition to the bill and I appreciate your support.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Lauzen.
Thank you, Mr. President. The bill -- was voted out of the Revenue Committee unanimously, so I'd encourage folks on this side of the aisle to vote Yes.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Geo-Karis. The question is, shall Senate Bill 2709 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are -- 49 Ayes, no Nays, none voting Present. Senate Bill 2709, having received the required constitutional majority, is declared passed. Senator Wilhelmi, on Senate Bill 2713. Madam Secretary, read the bill.
Senate Bill 2713. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2713 changes the Joliet Regional Port District Board makeup from seven members to nine members. 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 Currently, the Governor has three appointments, the Mayor of Joliet has three appointments and the county board has one appointment through the chairman. Since the executive form of government was enacted in Will County, this bill would change the appointment to the county executive with the full advice and consent of the county board in Will County, and it also adds two members that the county executive, with the advice and consent of the board, would get, to make that number nine members instead of seven. With the regional growth in Will County, and since this does affect Will County, as opposed to simply Joliet, we believe that this is appropriate to expand the -- the number of members from seven to nine. This bill also has an amendment for the Waukegan district, which would basically make that number go from -- believe it’s from two to four for the Mayor of Waukegan for a similar port district in Waukegan. I'd be happy to answer any questions and I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Axley.
Thank you, Mr. President. To the bill: For the benefit of my colleagues, this did pass out of Local Government 10 to 0. I recommend an Aye vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Burzynski.
Thank you. Will the sponsor yield for a question, please?
PRESIDING OFFICER: (SENATOR DEL VALLE) Sponsor indicates he will yield.
Thank you. Senator Wilhelmi, I -- I was just kind of curious, has the county executive in Will County taken a position on this particular piece of legislation?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Wilhelmi.
I believe that the county executive -- well, I know that the county executive thinks it’s the appropriate thing to do with the explosive growth in Will County and since this port district has an effect on areas outside of Joliet. So, yes, I -- I believe 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 it’s fair to say he is -- he is supportive of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Burzynski.
Thank you. Just one more question. Now, if I’m not mistaken, he was a former Member of this Body. So you’re absolutely sure he supports this bill?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Wilhelmi.
You are correct that he was a Member of this Body, in fact, my predecessor, and I’ve talked to him directly and I am sure he’s supportive of the bill, Senator.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Righter.
Thank you -- thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DEL VALLE) Sponsor indicates he will yield.
Senator, you mentioned that the reason you thought -- at least part of the reason you thought it was a good idea is because of the explosive growth in the county, but I noticed the number of members that are actually coming from the district’s boundaries, you’re reducing. So while you’re increasing the overall number of the board, you’re lowering how many have to actually come from the district. If part of the rationale is because of the explosive growth within there, then why are we reducing the number that come from the district?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Wilhelmi.
Senator, as a point of clarification, the Governor’s three stays the same; the City of Joliet through the Mayor of Joliet, those three stay the same, and the county would then get three, instead of one. So it actually expands local control on this board, as opposed to minimizing it. So I -- maybe I don’t understand your question. I'd be happy to answer it if you want 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 to rephrase.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Righter.
Okay. So the member -- you’re telling me that the members that come from the district is going up by one and not down by one?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Wilhelmi.
Senator, by two. They’re going -- we’re going to increase the number from the local -- from Joliet and Will County from four to six.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Wilhelmi, to close.
Thank you, Mr. President. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2713 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 50 Ayes, no Nays, none voting Present. Senate Bill 2713, having received the required constitutional majority, is declared passed. Senator Viverito, on Senate Bill 2730. Senator Demuzio, on Senate Bill 2745. Senator DeLeo, on Senate Bill 2748. Senator Pankau, on Senate Bill 2770. Senator Sieben, on Senate Bill 2778. Senator Halvorson, on Senate Bill 2782. Madam Secretary, read the bill.
Senate Bill 2782. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Halvorson.
Thank you, Mr. President and Members of the Senate. Senate Bill 2782 amends the Abused and Neglected Long Term Care Facility Residents Reporting Act and the Mental Health and Developmentally 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 {sic} Disabilities Confidentiality Act, regarding the reports of abused and neglect in long term facilities. What it basically does, is it allows for the people making the accusation to be able to get a report based on what happened. In committee there was some discussion with regards to is that fair if we do it that way. So what we did was we amended it further by saying that the Inspector General would let them know, and if the victim did not want anybody to know about it, they wouldn’t tell ‘em. So I think everybody’s happy now and we should be able to get this out of here.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Righter.
Thank -- thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DEL VALLE) Sponsor indicates she will yield.
Thank you. And, Senator, you -- you recollected for the Chamber the discussion we had in committee. And I think it’s very important to state clearly on the Floor as well, in case we get to a situation where there’s any litigation based on the -- release of the results of an investigation and whether or not that was appropriate or not, it’s your intention that if the alleged victim in an investigation does not want anyone else to see the records, particularly the person who made the complaint, those records will not be released by the Department. Is that correct?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Halvorson.
Senator Righter, that’s not only correct, but it actually states that now.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Righter.
Thank you. Then, Mr. President, to the bill: I appreciate the direct response from Senator Halvorson. I think this is the right thing to do with the protective language in there and I 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 urge its passage.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2782 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 50 Ayes, no Nays, none voting Present. Senate Bill 2782, having received the required constitutional majority, is declared passed. Senator Garrett, on Senate Bill 2784. Madam Secretary, read the bill.
Senate Bill 2784. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Garrett.
Thank you -- thank you, Mr. President. Senate Bill 2784 amends the School Code pertaining to sick leave. It allows employees time away from work to classify sick leave if the absence was for birth and adoption of a child. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Burzynski.
Thank you, Mr. President. Just for the -- to the bill, if I might: We supported this bill in committee, still will support it, but we did raise some questions relative to whether or not it was appropriate to have a non-sick related, for instance, situation such as adoption in the Code as a sick leave. But we did question that. We questioned also whether or not we had the ability to even make it for education alone or for school teachers alone and not expand that, if I remember correctly as well. But we did support the bill, but we just raised those questions. Thank you.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2784 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 voted who wish? Take the record. On the question, there are 50 Ayes, no Nays, none voting Present. Senate Bill 2784, having received the required constitutional majority, is declared passed. Senator Wilhelmi, for what purpose do you rise?
Thank you Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR DEL VALLE) State your point.
Thank you. I'd like to welcome to the Illinois Senate my Page for today who is a senior from Bolingbrook High School and I want you to know that he initiated a call to my office, he drove down today by himself, all just to see what we do here in the legislative process. So I'd like to give a warm welcome to Mr. Johnathan Wilson from Bolingbrook.
PRESIDING OFFICER: (SENATOR DEL VALLE) Welcome to the Illinois Senate. With leave of the Body, we’ll return to Senate Bill 2796. Moving to the top of page 13 on the Calendar. Senate Bill 2807. Senator Clayborne. Senate Bill 2808. Senator Clayborne. Senate Bill 2837. Senator Demuzio. Senate Bill 2847. Senator Schoenberg. Madam Secretary, read the bill.
Senate Bill 2847. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2847 is a comprehensive bill that provides significantly more accountability and transparency and raises the ethical standards by which Illinois government does its business. It incorporates a number of legislative initiatives that we have considered previously and concepts that have been advanced by both parties within the last couple of years. It’s particularly focused on strengthening the law and raising ethical standards in the area of pension fund investment transactions, purchasing goods and services, and eliminating -- potential conflicts of 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 interest, particularly for informal advisers, and extending the revolving door prohibition. This is supported by all the usual suspects among the good government groups and I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Radogno.
Thank you, Mr. President. I appreciate Senator Schoenberg introducing this bill. It does contain a number of provisions that Senate Republicans had introduced last spring, as well as some other features that were introduced by other caucuses. There’s one issue that’s not addressed in this bill that I hope we can address at some point, and that is the sole source exemption that has been overutilized in our opinion by this administration and does need some tightening up. So we would look forward to tightening this bill up as we go along, but it’s certainly a start in the right direction and would appreciate everyone’s support of it.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Rauschenberger.
Thank you, Mr. President. I just have not risen a lot this Session and I wanted to rise. It -- it may be my only chance to praise a Schoenberg bill. So I just wanted to tell Jeff what a nice job and we really think this moves the process along and -- and your good government credentials are safe with me for another day, Jeff. Please vote Yes.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2847 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 51 Ayes, no Nays, none voting Present. Senate Bill 2847, having received the required constitutional majority, is declared passed. Senator Harmon, on Senate Bill 2865. Madam Secretary, read the bill.
Senate Bill 2865. (Secretary reads title of bill) 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2865 is an outgrowth of an incident in my district the day before Thanksgiving of last year, when a Metra train plowed through a crowded intersection, a grade crossing in Elmwood Park, and caused quite an accident. This bill would permit the installation of automated railroad grade crossing enforcement systems. It’s modeled on a pilot program that was successful in DuPage County. Under the terms of the bill, local law enforcement and local officials would have to instigate the installation by passing an ordinance. They would then work with the ICC and IDOT to install a -- a camera system that would monitor the grade crossing and police it. Citations would be issued and there are a full bevy of protections and -- and appeals within the legislation. As amended, I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Bomke.
Thank -- thank you, Mr. President. This came out of committee after the amendment with no opposition. Even though I’m not a fan of -- of cameras, I -- I think Senator Harmon is on the right track and I think this will actually reduce accidents at these crossings and I commend the sponsor for his hard work.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2865 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 51 Ayes, no Nays, none voting Present. Senate Bill 2865, having received the required constitutional majority, is declared passed. Senator Sullivan, on Senate Bill 2870. Madam Secretary, read the bill.
Senate Bill 2870. (Secretary reads title of bill) 3rd Reading of the bill. 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Sullivan.
Thank you, Mr. President. Senate Bill 2870 amends the State Police Act {sic} (State Police Radio Act). The Federal Communications Commission, the FCC, recommended the formation of a statewide committee to oversee the development and implementation of a statewide plan for the use of frequencies - we’re talking about radio frequencies - assigned by the Commission for the use of public safety entities - police, fire, rescue, et cetera - that operate within the State of Illinois. 2870 designates the Director of State Police as the chairperson of the Public Safety Radio Interoperability Committee and allows the Director to increase voting membership when necessary. I'd be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Millner.
Thank you, Mr. President. To the bill: It passed out of committee unanimously and we recommend supporting it.
PRESIDING OFFICER: (SENATOR DEL VALLE) Question is, shall Senate Bill 2870 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 50 Ayes, no Nays, none voting Present. Senate Bill 2870, having received the required constitutional majority, is declared passed. Senator Harmon, on Senate Bill 2871. Senator Harmon, on Senate Bill 2872. Senator Sandoval, on Senate Bill 2878. Senator Link, on Senate Bill 2882. Senator Link, on Senate Bill 2885. Madam Secretary, read the bill.
Senate Bill 2885. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
Thank you, Mr. President. Senate Bill 2885 creates the 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 Business Location Efficiency Incentive Act. Authorizes companies -- authorizing companies to apply to the Department of Commerce and Economic Opportunity for certain economic development assistance and -- tax credits to seek increases or extension of tax credits to company’s proposed projects and site is located in an area -- area that capitalizes upon affordable workforce housing or accessibility to mass transit, the company submits to the Department an approved recommendation {sic} plan to improve housing or access to mass transit, or the company’s project labor -- located in a labor supply -- surplus area. Provides that the Department awarding of such incentives. Be more than happy to answer any question. I know of no opposition.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will -- will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DEL VALLE) Sponsor indicates he will yield.
A couple question areas. First, Senator, is the Department already authorized to offer such tax incentives as described in the bill?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
Yeah. They’re already on the EDGE credit on this program. And this is permissible. We changed this into a “may” as we amended this, but this is another initiative to have them possibly, you know, try to enhance these programs.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Righter.
Okay. I guess the -- the -- the -- going back to the first question I have, Senator, is does the Department have the authority to award tax incentives and grants already as described in the bill? Do they need the legislative authority that you’re granting them?
PRESIDING OFFICER: (SENATOR DEL VALLE) 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 Senator Link.
Basically, what this is, it’s just an increase on current tax credits that are in locations with the type of transportation and accessibility to mass transit and that’s what this basically is -- adding into the scope.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Righter.
Thank -- thank you, Mr. President. Last question, Senator Link. Do you know if there is money in the Governor’s proposed budget for the Department of Commerce and Economic Opportunity to fund the tax credits? I mean, we’ll pass the bill, we’ll all pat ourselves on the back for being really pro-business, but if there’s no money out there to help the businesses, it really doesn’t matter. Can you tell me whether or not you know for sure there’s money in the Governor’s budget to take care of this?
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
First of all, I don’t know how much money this would cost. They already have the opportunity to apply for this money right now. And the thing is, is that’s why we made it permissible to - - in there and there is the EDGE program which has been in effect for a while, so there is that possibility that they may apply for this right now.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2885 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 52 Ayes, no Nays, none voting Present. Senate Bill 2885, having received the required constitutional majority, is declared passed. Senator Hunter, on Senate Bill 2898. Madam Secretary, read the bill.
Senate Bill 2898. (Secretary reads title of bill) 3rd Reading of the bill. 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2898 is supported by the American Lung Association of Metropolitan Chicago, as well as the American Lung Association of Illinois, the Allergy and Asthma Network and Mothers of Asthmatics. This legislation would permit students with proper authorization to possess the -- the potentially self- administer -- and -- and potentially self-administer their -- epinephrine which is the -- epinephrine. Under state law, schools must allow students to administer their own asthma medication, assuming certain conditions have been met. I know of no opposition and I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Senator Millner.
Thank you, Mr. President. And to the bill: The committee voted unanimously to support this bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) The question is, shall Senate Bill 2898 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 49 Ayes, no Nays, none voting Present. Senate Bill 2898, having received the required constitutional majority, is declared passed. Senator Hunter, on Senate Bill 2921. Senator Cullerton, on Senate Bill 2954. Madam Secretary, read the bill.
Senate Bill 2954. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. The Supreme Court had invalidated the entirety of a Public Act, holding that that Act had violated the single subject clause of the Constitution. Included in that Act that they had overturned 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 was provisions dealing with the Criminal Code relating to the bringing of contraband into penal institutions. And so this bill simply reinstates the law that we had already passed and overcoming that Supreme Court decision. Be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Seeing none, the question is, shall Senate Bill 2954 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 51 Ayes, no Nays, none voting Present. Senate Bill 2954, having received the required constitutional majority, is declared passed. Senator Harmon, on Senate Bill 2955. Proceeding to the top of page 14. Senator Martinez, on Senate Bill 2959. Senator Cronin, on Senate Bill 2968. Senator Roskam, on Senate Bill 2971. Senator Halvorson, on Senate Bill 2978. Senator Cullerton, on Senate Bill 2980. Senator Halvorson, on Senate Bill 2981. Senator Syverson, on Senate Bill 3036. Senator Garrett, on Senate Bill 3086. Senator Link, on Senate Bill 3088. Madam Secretary, read the bill.
Senate Bill 3088. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEL VALLE) Senator Link.
Thank you, Mr. President. This basically amends numerous Acts that have a provision relating to revenue and reenactment of provisions of those Acts that were affected by the Public Act that were ruled unconstitutional for violation of single subject matter. I would -- know of no opposition and would ask for its passage.
PRESIDING OFFICER: (SENATOR DEL VALLE) Is there any discussion? Seeing none, the question is, shall Senate Bill 3088 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 51 Ayes, no Nays, none 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 voting Present. Senate Bill 3088, having received the required constitutional majority, is declared passed. Madam Secretary, House Bills 1st Reading.
House Bill 2002, an -- offered by Senator Maloney. (Secretary reads title of bill) House Bill 2497, offered by Senator Garrett. (Secretary reads title of bill) House Bill 3528, offered by Senator John Jones. (Secretary reads title of bill) House Bill 3529, offered by Senator John Jones. (Secretary reads title of bill) House Bill 3873, offered by Senator John Jones. (Secretary reads title of bill) House Bill 4274, offered by Senator Bomke. (Secretary reads title of bill) House Bill 4300, offered by Senator Risinger. (Secretary reads title of bill) House Bill 4438, offered by Senator Harmon. (Secretary reads title of bill) House Bill 4559, offered by Senator Watson. (Secretary reads title of bill) House Bill 4679, offered by Senator Millner. (Secretary reads title of bill) House Bill 4688, offered by Senator Collins. (Secretary reads title of bill) House Bill 4717, offered by Senator Millner. (Secretary reads title of bill) House Bill 4743, offered by Senator Althoff. (Secretary reads title of bill) House Bill 4793, offered by Senator Sieben. (Secretary reads title of bill) House Bill 4822, offered by Senator Haine. (Secretary reads title of bill) House Bill 4904, offered by Senator Harmon. (Secretary reads title of bill) House Bill 4971, offered by Senator Wilhelmi. (Secretary reads title of bill) House Bill 5243, offered by Senator Hunter. 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day 2/27/2006 (Secretary reads title of bill) House Bill 5336, offered by Senator Roskam. (Secretary reads title of bill) House Bill 5339, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 5356, offered by Senator Bomke. (Secretary reads title of bill) House Bill 5370, offered by Senator Lightford. (Secretary reads title of bill) And House Bill 5388, offered by Senator Harmon. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DEL VALLE) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m., tomorrow, February 28th. Senate stands adjourned. 41