PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 94th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by Pastor Jack Swank of Rochester United Methodist Church in Rochester, Illinois. Pastor.
(Prayer by Pastor Jack Swank)
PRESIDING OFFICER: (SENATOR DeLEO) Please remain standing for the Pledge of Allegiance. Senator Maloney, to lead.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal of Monday, March 27, 2006, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator moves to postpone the reading and approval of the Journal, pending the arrival of the printed transcripts. There being no objection, so ordered. Mr. Secretary, Resolutions, please.
Senate Resolution 692, offered by Senator Hunter. It is substantive.
PRESIDING OFFICER: (SENATOR DeLEO) Mr. Secretary, Introduction of Bills, please.
Senate Bill 3180, offered by Senator John Jones, Syverson, Luechtefeld, Lauzen, Dahl and others. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) At this time, we’ll have -- could I have attention of all Members, please be in their seats. Senator Bomke in the Chair for a presentation.
Thank you. Thank you, Mr. President. I have with me today 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 the Christ the King Cougars, which is the IESA 8A Boys State Champions -- Basketball Champions. The coach with us today, Jerry Smith; assistant coach, Jim Reavy, although I don’t think Jim is here; statistician, Jim Gvazdinskas, who is here; the players, Jake Smith, Max Reavy, Jimmy Gvazdinskas, Matt Franklin, Nick Guzzardo, Connor Fanning, Robert Lynch, Casey Bova, Andrew Jones and Doug Dlouhy. Coach, would you like to say a few words?
(Remarks by Coach Jerry Smith)
Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, all Members within the sound of my voice, please come to the Senate Floor. We will be doing 3rd Readings, final action. I'd ask all Members within the sound of my voice, please come to the Senate Floor. We’ll be doing final action very shortly. Senator Geo-Karis, for what purpose are you seeking recognition, ma’am?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) State your point.
Mr. President and Ladies and Gentlemen of the Senate, up in the -- in the President’s gallery, to the right here, are Kelly Awick, her -- her son, Conner, and her daughter, Elizabeth, who’s a Page today. And I'd like to welcome them. They’re from Senator Kirk Dillard’s constituency from Hinsdale. A-W-I-C-K. Elizabeth is a Page today. Conner, her brother, and her mom, Kelly, are sitting up in the President’s gallery to the right.
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests please rise and be recognized? Welcome to the Illinois State Senate. Senator -- Senator Althoff, for what purpose are you seeking recognition, ma’am?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.
2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Thank you, Mr. President, and good morning to all my colleagues in the Senate. It is still spring break and I have with me several guests this morning. I have Maggie Cherveny, who is the daughter of Mr. and Mrs. Cherveny. Steve Cherveny is the Executive Director of the Cary Park District, and is up with one of his board members in the gallery directly behind Mr. President. And I also have with us their foreign exchange student from Brazil, Germana Dalberto. She is currently going to the Cary-Grove High School. In addition, I have Joseph Geraci, who is a freshman at Cary-Grove High School and Maxwell, his brother, who is going to the Cary Junior High. Can we welcome them please to the Senate?
PRESIDING OFFICER: (SENATOR DeLEO) Will all our guests please rise and be recognized? And welcome to the Illinois State Senate. Senator Cronin, for what purpose do you seek recognition, sir?
For purposes of an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.
Yes, sir. Thank you. Ladies and Gentlemen of the Senate, if I may, please, on behalf of Senator Demuzio, Representative Bellock and Representative Feigenholtz and Secretary Adams of the Department of Human Services, I'd like to invite you to attend a reception this afternoon from five to seven at the State Library. It’s for Director Rocco Claps, a constituent of mine, who is the Director of the Department of Human Rights. It’s going to be a nice gathering. Talk about important human rights issues, and you’re all invited to attend, please. Five to seven at the State Library. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Crotty, for what purpose are you seeking recognition, ma’am?
Personal privilege -- point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, ma’am.
3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Today I -- I would hope that all the Members of the Senate join me in thanking Carol Ronen for staying up all night and baking us a cake. It’s her birthday today. So, happy birthday to Carol.
PRESIDING OFFICER: (SENATOR DeLEO) Happy birthday, Senator Carol Ronen. Please stand and be recognized by the Illinois Senate. Okay. Ladies and Gentlemen, if you’d turn to page 16 of your Calendar. Page 16 of your Calendar is House Bills 2nd Reading. House Bills 2nd Reading. On the top of page 16 of your Calendar is House Bill 2067. Senator Raoul. House Bill 2067. Out of the record. Senator del Valle, on House Bill 4193, sir. Out of the record. Senator del Valle, on 4195, sir. Out of the record. Senator Axley, on 4204, ma’am. Out of the record. Senator Viverito. Senator Viverito, on 4217, sir. Mr. Secretary, please read the bill.
House Bill 4217. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments, sir? No.
No Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senator Sieben, on 4308, sir. Mr. Secretary, read the bill.
House Bill 4308. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senator Lightford, on 4339, ma’am. Out of the record. Senator Clayborne, on 4362. Senator Clayborne. Out of the record. Senator Silverstein, on 4370. Mr. Secretary, please read the bill.
House Bill 4370. 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Ladies and Gentlemen, continuing on House Bills 2nd Reading, on the top of page 17 of your Calendar comes House Bill 4406. Senator Collins. Senator Jacqui Collins. Out of the record. House Bill 4461. Senator Don Harmon. Senator Harmon. Out of the record. House Bill 4527. Senator Clayborne. Senator James Clayborne, on 4527, sir. 4527, sir. Out of the record. Senator Raoul, on 4715, sir. House Bill 4715. Out of the record. Senator Viverito. Senator Viverito, on 4726, sir. Mr. Secretary, please read the bill.
House Bill 4726. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 4752. Senator Garrett. Senator Susan Garrett. Out of the record. Senator Lightford, on 4788. Out of the record. Senator Harmon, on 4789, sir. Out of the record. Senator Sieben. Senator Sieben, on 4793, sir. Mr. Secretary, please read the bill.
House Bill 4793. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senator Lightford, on 4974, ma’am. Out of the record. Senator Bomke, on 4987, sir. Out of the record. Senator Axley, on -- 5216, ma’am. Out of the record. Senator Halvorson. Senator Halvorson, on 5283, ma’am. Mr. Secretary, please read the bill.
House Bill 5283. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Ladies and Gentlemen, turning to page 18 of your Calendar, on the top of -- page 18 -- could we have a little quiet in here, please? On page 18, top of page 18 in your Calendar, is House Bills 2nd Reading. House Bill 5370. Senator Lightford. Out of the record. Senator Halvorson, on 5377, ma’am. Mr. Secretary, please read the bill.
House Bill 5377. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 5382. Senator Link. Senator Terry Link, on -- out of the record, sir. Senator Sieben, on 5407, sir. Out of the record. Senator Sullivan, on 5506, sir. Mr. Secretary, please read the bill.
House Bill 5506. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senator Lightford, on 5550. 5550. Out of the record. Senator Clayborne, on 5555, sir. Out of the record. Senator Dahl, for what purpose you seeking recognition?
Matter of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, could you give the speaker your attention, please? It’s very noisy in this Chamber. Can we give the speaker your attention? Senator Dahl.
Thank you, Mr. President. Matter of personal privilege. I have with…
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 I have with me today my beautiful bride, Deb, and also, the other lady that takes care of me in my district office, Miss Jen Riva. Welcome them.
PRESIDING OFFICER: (SENATOR DeLEO) Welcome to Springfield. Senator Wilhelmi, for what purpose are you seeking recognition, sir?
Mr. President, a point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Thank you, Mr. President. We have today -- I have today a great young lady who’s a Page from -- for the Day with me today. Her name is Bethany Aeschliman, and her parents are in the gallery, and so is her grandmother and her brother, and they are Bill and Sue Aeschliman, and also young Ethan, who’s about one years old, up in the gallery, along with their grandmother, Anne Nowicki. I'd like to welcome them to the Illinois Senate.
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests in the galleries please rise and be -- be recognized? And welcome to the Illinois State Senate. Senator Dillard, for what purpose are you seeking recognition, sir?
Thank you, Mr. President. On a point of personal privilege just like some of our other colleagues. You know, it’s spring break here in Springfield. We have the new Lincoln Museum and it’s great to have all these young people down here. And I'd just like to introduce if I could, sir, my Pages for the Day: Monica McCormick, Anthony, Gabriel and Rhea Matar. They’re all from Naperville. They also are the cousins of one of our staffers, Barbara O’Malley. And their mother, Katie Matar, is in the President’s gallery, sir. And if we could just recognize them, I'd really appreciate it. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests in the galleries please rise and be recognized? And welcome to the Illinois State Senate. And, Senator Dillard - Senator Dillard - would you please remind all our children that are here on spring break that the Abraham Lincoln Museum is a must-attend, that they must see that. So -- 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 good. All right. Ladies and Gentlemen, we’re going to go to House Bills 3rd Reading, final passage. House Bills 3rd Reading, final passage. All Members please come to the Floor. Members, please be in their desk. Please be ready to advance these bills. Okay. House Bills 3rd Reading. Page 8 of your Calendar is House Bill 448. Senator Emil Jones. Out of the record. Senator Sandoval. Senator Marty Sandoval, on 542, sir. Senator Martin Sandoval. He indicates he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 542. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sandoval.
Thank you, Mr. President, Members of the Senate. House Bill 542 is a companion bill to a couple of bills that came out of the -- this Body last year, the Colleen O’Sullivan Bill, which put AEDs in a number of public places. This bill creates the checkoff for… Thank you, Mr. President. House Bill -- 542 creates an Illinois income tax checkoff, whereby a taxpayer may make a contribution to the Heartsaver AED Fund. I'd ask your favorable consideration.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Lauzen, for what purpose you rise?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
I would just like to mention to the Body that this passed out of Revenue Committee unanimously. I rise in support of the Senator’s legislation. It joins eighteen other checkoffs on our Illinois personal income tax return.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Seeing no further discussion, the question is, shall House Bill 542 pass. All those in favor, vote Aye. 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 542, having received the required constitutional majority, is declared passed. House Bills 3rd Reading. House Bill 874. Leave of the Body, we will come back to that. House Bill 1261. Senator Emil Jones. Out of the record. Senator Martinez, on House Bill 1299, ma’am. Senator Iris Martinez, on 1299. Out of the record. House Bill 1463. Senator Watson. Leader Watson, on 1463, sir. Do you wish to proceed? Out of the record. Senator -- President Jones, on 1604. Out of the record. Ladies and Gentlemen, continuing on House Bills 3rd Reading is the -- on top of page 9 is House Bill 1744. Senator Raoul, do you wish to proceed on 1744? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 1744. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.
Thank you -- thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1744 is similar to House Bill 466, which passed out of the Senate -- unanimously in Veto Session. It takes half of the Gas Revenue Tax paid by residents who qualify for LIHEAP assistance and reinvests that into the LIHEAP Fund for an approximate five-million-dollar investment into the LIHEAP Fund. I urge your support.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Raoul, to close.
I urge your support.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. The question is, shall House Bill 1744 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 1744, having received the required constitutional majority, is declared passed. Senator Roskam, for what purpose are you seeking recognition, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Mr. President, in the President’s gallery this morning is Cathy Louthen and her son, Elliot, and Rebecca Wilson and her sons, Bradley and Alex, who are with us today.
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests please rise and be recognized and welcomed by the Illinois State Senate? Okay. Continuing on House Bills 3rd Reading is House Bill 2012. Senator del Valle, on 2012, sir. Out of the record. Senator Forby, on 2151, sir. Mr. Secretary, he indicates he wishes to proceed. Please read the bill.
House Bill 2151. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby.
Thank you, Mr. President. House Bill 2151 is a quick-take bill, down where I live by Mt. Vernon. This is in John Jones’ district. There’s going to be an overpass down there. They have about thirteen parcels they’re working with. They got ‘em all took care of but a couple. They’re going to spend about six million dollars down there for this overpass for economic development. So I just ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator John Jones. Senator John Jones.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 To the bill, sir.
This is a piece of quick-take legislation for the City of Mt. Vernon. I -- I appreciate Senator Forby sponsoring this bill and -- and cosponsoring it with him. As he said, there’s -- was thirteen parcels originally. There’s a new interchange being built at Mt. Vernon. This is the only thing that’s holding up the construction of that interchange. Mt. Vernon has been limited to one interchange off of 57 for -- ever since Interstate 57 was built. This will be a tremendous economic opportunity for the City of Mt. Vernon and the surrounding area. We -- we are now down to two parcels left. I talked with the City of Mt. Vernon yesterday; they think they may be down to one parcel as of -- as we speak. So, I -- I think this is an important piece of legislation to move this project forward. It’s the City of Mt. Vernon with -- for the new interchange and I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any further discussion? Seeing no further discussion, the question is, shall House Bill 2151 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 47 Ayes, 9 Nays, 0 voting Present. House Bill 2151, having received the required constitutional majority, is declared passed. Senator Martinez, on 2469, ma’am. 2469, ma’am. Out of the record. President Jones, on 2708. Out of the record. Senator Righter, on 2734, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 2734. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill 2734 is a simple piece of legislation that 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 places in law a maximum rate for each insertion of a local government’s State -- mandated publication. As many of you recall, a few years ago there were some problems with some newspapers - select newspapers - in a few parts of the State who were, in the view of some school districts, gouging those school districts for the price that they had to pay in order to put in State-mandated publications. The Illinois Press Association sat down with a group of lawmakers and has worked on a compromise and this is the result of that. Quite frankly, all it says is that a local governmental body cannot be charged any more than any other commercial vendor for similar space. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, the question is, shall House Bill 2734 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 2734, having received the required constitutional majority, is declared passed. Senator Haine, on 2946, sir. Do you wish to proceed? Senator Bill Haine. Welcome to the Illinois General Assembly, Senator. Do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 2946. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Yes. Thank you, Mr. President. I appreciate your indulgence. I have two separate matters here. But this is a bill which Committee Amendment No. 1 becomes the -- the bill. It provides restrictions on dog ownership for ten years from release from incarceration for certain categories of violent criminals or drug dealers. The -- the genesis of the bill grew out of a case in a House district where two animals attacked a young girl. The 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 animals were being used as aggressive defenders of a drug house. And this -- it defines a “vicious animal” under the Animal Control -- Control Act and provides the prohibition to be a non- neutered or -spayed animal, since they are more aggressive. These are affirmative defenses, which means that the State’s attorneys are relieved from a burden of proving it up. And -- it’s -- it’s supported by the ASPCA, the Humane Society. There’s no opponents as far as I -- I know.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Cullerton, for what purpose you rise, sir?
Would the sponsor yield?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Yes. Thank you, Senator Haine. Senator, how would someone -- who would have the responsibility of proving whether or not the dog was neutered or not?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Thank you, Senator, that is a good question. That would be an affirmative defense, therefore the -- the individual who’s alleged to have a non-neutered or -spayed or vicious animal. The State’s attorney could prove that it was a vicious animal under the Animal Control Act. However, being an affirmative defense, the -- the defendant could prove that the animal was spayed, and therefore the charges do not apply. So the burden would be on a defendant to introduce an affirmative…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
But wouldn’t the State have to prove that the defendant at the time of the crime had knowledge that the animal was not neutered?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Yes.
PRESIDING OFFICER: (SENATOR DeLEO) Any further questions? Seeing no further questions, Senator Haine, to close, sir.
Would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, the question is, shall House Bill 2946 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 2946, having received the required constitutional majority, is declared passed. Senator Cullerton, on House Bill 3126, sir. Out of the record. Senator Haine, on House Bill 4079, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4079. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Mr. President and Ladies and Gentlemen of the Senate, this bill, this House bill, authorizes child advocacy centers throughout the State to join the State insurance pool, in essence. These are institutions that are designed for the investigation of child abuse. They’re specialized centers staffed by forensic interviewers. They were established by Attorney General Jim Ryan, who was a strong supporter of them, and followed through by Attorney General Lisa Madigan, who has expanded and supported their use. The problem was when the initial implementing statute was passed by the General Assembly. This is a free-standing agency. The local State’s attorney and the sheriff are on the board by law, but the -- the employees are neither fish nor fowl; they’re not a State employee as such, nor are they a county employee - hence, they’re too small to have 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 insurance. We’re talking about a grand total of fifty people throughout the State, and it would seem to be just and proper that they’d be allowed to join the State pool since the State mandates and support the existence of these very important centers.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Senator Peterson, for what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
I am one of those individuals who voted against this bill in committee, not because of the essence of the bill, but because we’re adding a new group to the local government health insurance pool while the Governor is sweeping two million dollars out of this pool. Now, we’re -- this isn’t going to be the last group that may be added and we’re depleting the reserves of the local government health insurance pool. And I couldn’t in good conscience vote for the bill. The bill -- the bill in itself is fine. It’s just that I don’t think we should add any more participants until we stop the sweeping of the funds from these health insurance programs. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Righter, for what purpose you seek recognition?
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator Haine, how many people are we talking about adding to the health plan?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Thank you, Senator. A maximum of fifty throughout the State. 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Do you know what fiscal condition the fund is in now?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Senator, I would presume it’s in good shape since CMS did not oppose the bill. CMS has opposed other similar additions to the pool, one of which I sponsored and withdrew -- because of their opposition. But in this particular case, they did not. Because of the low number of people, the fact that they were -- who they were, longtime employees, they did not oppose the bill. So I presume it doesn’t -- it will not burden the fund.
PRESIDING OFFICER: (SENATOR DeLEO) Seeing no further questions, Senator Haine, to close, sir.
Again, I would ask for an Aye vote. These are people -- these are forensic interviewers. They deal with some of the worst child abuse cases. These are centers which limit the trauma to an already traumatized child. They’re highly skilled, part of the law enforcement apparatus, and they’re -- they’re left out because of a -- a literal quirk in the law. And to provide a -- a -- them to join the pool, which is not burdened by it, I -- I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall House Bill 4079 pass. All those in favor, vote Aye. All those opposed will vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 50 Ayes, 5 Nays, 0 voting Present. House Bill 4079, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 4121. Senator Sandoval. Senator Sandoval, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4121. (Secretary reads title of bill) 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sandoval.
Thank you, Mr. President, Members of the Senate. House Bill 4121 amends the Criminal Code as it relates to false -- personation of Purple Heart medal recipients as well as other, which I will mention in a minute. Expands the offense of -- false personation to include a person who falsely represents that they are the recipient of a Purple Heart or other medal, which I will mention, not awarded to the person by the U.S. government. Each violation is a petty offense with a mandatory fine of not less than one hundred dollars and not more than two hundred dollars. The bill also expands the list of other protected military medals to include the Congressional Medal of Honor, the Distinguished Service Cross, the Navy Cross, and the Air Force Cross, the Silver Star, and the Bronze Star, in addition to the Purple Heart. The bill also provides exemptions for film, television, theater, historical reenactments and children’s costumes. I ask your favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Senator Dillard, for what purpose you seeking recognition?
Thank you, Mr. President. I rise in support of this bill, also. And some of you may ask why do we even have to do a bill like this, but Senator Sandoval came to the committee with an actual case from his area, and if you look at this week’s Illinois Times, which is down in the Rotunda of the Capitol, you’ll see there was a gentleman here in Springfield that not only had a Purple Heart, he had the license plate. And I don’t know what gets in people’s heads that they want to somehow impersonate somebody who won a medal for valor or in the service of their country, but at a time when we have all of these young men and women in the Middle East - my mother worked for the Veterans Administration for years - I think it’s important that we crack down on people for whatever reason psychologically want to portray that they were war heroes when they weren’t. We owe it to those who serve the country who were our heroes. And it’s 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 hard to believe we need a bill like this, but there are real live cases right here in Springfield and up in Senator Sandoval’s area that sadly make this bill necessary. But we owe it to our veterans to do this, and I'd urge an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Sandoval, to close, sir.
Favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay. The question is, shall House Bill 4121 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. House Bill 4121, having received the required constitutional majority, is declared passed. Senator Susan Garrett, on House Bill 4125, ma’am. Do you wish to proceed? Welcome to the Illinois General Assembly. Senator Sieben, on 4127. Do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4127. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sieben.
Thank you very much, Mr. President. Ladies and Gentlemen of the Senate, House Bill 4127 provides that the Oregon Park District is authorized to convey land to the Rock River Center, a not-for-profit senior center, for no cost. I know -- know of no opposition and would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Seeing no discussion, the question is, shall House Bill 4127 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. I’m… The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 56 Ayes, 0 voting Nay, 0 voting Present. House Bill 4127, having received the required constitutional majority, is declared passed. Leader Watson, are you seeking recognition, sir?
Yes, I am, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Yes, I'd like to take this -- excuse me, I'd like to take this opportunity to introduce a -- a group in the President’s gallery, over -- over -- right over your shoulder, Mr. President, a group from Decatur representing AARP. They -- they brought some chocolate chip cookies. So, they’re here while they last. I’ve already had my share, and they brought me some good Dean’s Milk. And they’re great people from Decatur. Glad to have ‘em here, and they’re here to do it for Mom. All right. So would -- would you please welcome our friends from Decatur?
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests from Decatur please rise and be recognized by the Illinois State Senate? Welcome. Welcome to Springfield. Okay. Ladies and Gentlemen, continuing on House Bills 3rd Reading on the bottom of page 9 of your Calendar is House Bill 4134. Senator John Cullerton, do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4134. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. I’m a little nervous. This is my first bill, but I -- I hope I don’t have anybody razzing me. This is an initiative of the Attorney General’s Office. It deals with the Crime Victims Compensation Act. It expands the definition of a violent crime. It extends the definition of “victim” to include parents of an adult child. It extends coverage of pecuniary losses or expenses related to 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 the crime to include travel to and from medical facilities. Expands the concept of replacement services loss to apply to losses incurred by legal guardians and to services performed by injured parties who aren’t necessarily permanently disabled. And it expands coverage of lost tuition to students not enrolled on a full-time basis. It’s not controversial. There’s no one opposed to it. It’s an initiative of the Attorney General. Please ask for an Aye vote. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 4134 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 4134, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading on the top of page 10 of your Calendar - House Bills 3rd Reading - is Senate -- House Bill 4135. Senator Winkel. Do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the bill.
House Bill 4135. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Winkel.
Thank you, Mr. President. House Bill 4135 requires DCFS to verify that a direct child welfare service employee licensee who is expected to transport a child with a motor vehicle meets the requirements set forth in the Child Care Act of 1969. This bill amends the Child Care Act, providing that the Department shall implement appropriate measures for verification so as to comply with the requirements set forth in the Act for the transportation of a child by motor vehicle. Also, makes it a petty offense subject to a maximum one-thousand-dollar fine for violating these requirements. Glad to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Thank you, Senator. Seeing no discussion, seeing no discussion, the question is, shall House Bill 4135 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 4135, having received the required constitutional majority, is declared passed. Senator Demuzio, on House Bill 4137, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4137. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio.
Yes. Thank you, Mr. President. House Bill 4137 amends the Illinois Procurement Code regarding the flexible fuel or fuel efficient hybrid vehicles, and it requires that all automobiles purchased with State funds must be flexible fuel vehicles or fuel efficient hybrid vehicles.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Demuzio, to close.
Yes, I just ask for a favorable vote. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall House Bill 4137 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 4137, having received the required constitutional majority, is declared passed. Senator Harmon, on House Bill 4173, sir. Out of the record. Senator Peterson, on 4179, sir. He indicates he wishes to proceed. Mr. Secretary, please read the bill.
21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 House Bill 4179. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Peterson, on House Bill 4179, sir.
Thank you, Mr. President, Members of the Senate. House Bill 4179 would prohibit the legal name changes for persons convicted of identity theft. Came to the attention of a judge in Lake County that an individual who was applying for a name change had been convicted previously of identity theft, and this bill would prohibit that from occurring. So I ask your support.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Seeing no discussion, the question is, shall House Bill 4179 pass. All those in favor, vote Aye. All those opposed will vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. House Bill 4179, having received the required constitutional majority, is declared passed. Senator John Cullerton, on House Bill 4186, sir. Out of the record. Senator Crotty, on 4192, ma’am. House Bill 4192. She indicates she wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4192. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
Thank you very much. House Bill 4192 really follows House Bill 3800 that we passed out of here last Session, and it’s -- purely enlarges the Metropolitan Water Reclamation District by annexing this particular lot that was not in the bill last Session. This lot is less than an acre and it would allow them to be served by the Water Rec.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 discussion? Seeing no discussion, Senator Crotty, to close.
I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall House Bill 4192 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 4192, having received the required constitutional majority, is declared passed. President Jones, on House Bill 4202, sir. Out of the record. Senator Winkel, on House Bill 4203, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4203. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Winkel.
Thank you, Mr. President. House Bill 4203 creates the Missing Persons Identification Act. It provides that all law enforcement agencies shall accept without delay any report of a missing person which are in fact filed in person. Provides that acceptance of a missing person report shall not be refused on any ground. Be glad to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no discussion, seeing no discussion, the question is, shall House Bill 4203 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. House Bill 4203, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading, on House Bill 4222. Senator Haine, do you wish to proceed, sir? Out of the record. Senator Harmon, on 4238, sir. Out of the record. Senator Martinez, on 4292, ma’am. Would you like to proceed? 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 I’m sorry. Correction - that is House Bill 4242. Would you like to proceed, ma'am? She indicates she wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4242. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez.
Thank you, Mr. President, Members of the Senate. This legislation amends Children and Family Service to allow DCFS to place a child with a relative if the Department concludes that a relative will be able to adequately provide for the child’s safety and welfare based on the factors in the DCFS rules governing relative placements and if the placement is consistent with the child’s best interest taking into consideration the factors outlined in the Juvenile Court Act of 1987. Other changes are made in the Act to implement the foregoing DCFS policy.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any… Senator Righter, for what purpose do you seek recognition, sir?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she'll yield for a question, sir.
Thank you. Senator Martinez, it’s my understanding that, I mean, the thrust of your bill is that now the Department of Children and Family Services is going to be mandated to try and find a relative for a child who is unfortunate enough to have -- to have to be placed into the - for lack of a better term - the State system. Is that right?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez.
Yes, it is.
PRESIDING OFFICER: (SENATOR DeLEO) 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Senator Righter.
Thank you, Mr. President. Briefly to the bill: I rise in support of the bill. It did pass out of the Health and Human Services Committee unanimously, and I think it’s very important. I think all of us kind of assume that when a child does go into the State system that the first place that the Department would look is for a family member. Apparently, at least in some instances, that’s not happening and I appreciate the sponsor’s work. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, the question is, shall House Bill 4242 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 4242, having received the required constitutional majority, is declared passed. Senator Carol Ronen, on House Bill 4297, ma'am. Do you wish to proceed? She indicates she wishes to proceed. Mr. Secretary, please read the bill.
House Bill 4297. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Ronen.
Thank you, Mr. President, Members of the Senate. This bill has to do with identity theft and it changes the sentencing for persons who are convicted of certain types of identity theft in order to acquire methamphetamine. It changes it to a Class 2 felony, which is three to seven years. Current law is a Class 3 felony, two to five years. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Ronen, to close, ma'am.
25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Thank you, -- Mr. President. Just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall House Bill 4297 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 4297, having received the required constitutional majority, is declared passed. Senator Jacobs, on House Bill 4298, sir. Senator Jacobs. Out of the record. Ladies and Gentlemen, for a… Mr. Secretary, Messages.
Communication from the President, dated March 28th, 2006. Dear Madam Secretary - Pursuant to Rule 3-5(c), I hereby appoint Senator Rickey Hendon to resume his position on the Senate Rules Committee. This appointment is effective immediately. Signed Emil Jones, Jr., Senate President.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, purposes of an announcement. Would members of the Rules Committee come to the President’s Anteroom? The Rules Committee will meet immediately. All members of the Rules Committee, please report to the President’s Anteroom. Thank you. Senator Righter, for what purpose you seeking recognition, sir?
Inquiry of the Chair, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) State your inquiry, sir.
I noticed that you just called for a meeting of the Rules Committee. I was wondering when you might proceed to the Order of Motions in Writing and whether or not the Rules Committee will be taking those issues up here?
PRESIDING OFFICER: (SENATOR DeLEO) Some -- sometime between now and June 30th, sir. Senator Righter.
With all due respect, Mr. President, I wonder if you can -- 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 can you tighten that time frame up for me just a little bit? As you know, there’s at least one, I know, motion in writing pending and I’m curious about when there’ll be action on that.
PRESIDING OFFICER: (SENATOR DeLEO) I’ll check with our staff and see what our schedule -- our time schedule is on the motion, sir. Senator Righter.
Would you be kind enough, Mr. President, to respond to me today?
PRESIDING OFFICER: (SENATOR DeLEO) Sometime before Session ends. Okay. Rules Committee has completed. Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Mr. Secretary, Committee Reports.
Senator Viverito, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Senate Bills 622, 623, 624, 680, 711, 796, 836, 837, 842, 848, 857, 858, 859, 861, 881, 882, 916, 927, 928, 929, 946, 1001, 1028, 1088, 1089, 1143, 1144, 1145, 1204, 1520 and 1521. Signed by Senator Viverito.
PRESIDING OFFICER: (SENATOR HENDON) We’re going to go to the top of page 11, House Bills 3rd Reading. Would you please turn your Calendar to the top of page 11? On the Order of 3rd Reading, House Bill 4300. Senator Risinger. House Bill 4306. Senator Cullerton. Mr. Secretary, read the bill.
House Bill 4306. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill which passed -- this bill is known as the newborn HIV testing bill. It’s the newborn HIV testing bill. Very significant, I think, because it will result in saving of young babies’ lives. 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 It passed unanimously out of the House and unanimously out of the Senate Health and Human Services Committee. Today, it’s possible to prevent about one-third of the newborns from acquiring from their mothers HIV, even if the mother has had no prenatal care or HIV therapy prior to the delivery. This can be accomplished if the newborn is tested shortly after delivery and given therapeutic drugs for approximately six weeks. This bill provides babies with a safety net to lower the likelihood that any newborn would go unidentified for HIV infection and to ensure immediate and uninterrupted access to this lifesaving care for those newborns who are found to be HIV exposed at birth. The bill was amended to strengthen the HIV counseling, recommendations, reporting and voluntary testing provisions for pregnant mothers. The people that support this and the people that have brought this bill to me primarily are Children’s Memorial Hospital, where some of these children are being treated right now. It’s also supported by the Illinois Chapter of the American Academy of Pediatrics, the Illinois Department of Public Health, the Illinois Hospital Association, the Illinois State Medical Society, the Illinois Chapter of the American Academy of Pediatrics, La Rabida Children’s Hospital, Northwestern Memorial Hospital, Rush University Medical Center, and the National Congress of Black Women. The -- AIDS Foundation of Chicago is neutral on the bill. I would ask your support. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Lauzen.
Thank you, Mr. President. First of all, I'd like to commend the sponsor for his work on this bill. Several years ago, we -- we passed a bill like this; I was one of the cosponsors of the legislation. As you were going through your research for this, did you come across any of the results of -- I -- I mean, this -- this legislation will end up saving lives and I think that it’s important. This Body passed, two or three years ago, a bill similar to this, and I’m just -- wondering what kind of progress was made under that legislation, if you had come across that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton. 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
Yes. The bill you’re referring to encourages counseling prior to birth for mothers to be tested for HIV, and that has -- we’ve got a number of mothers who have -- because of that bill and because of that counseling, they are tested. However, there are still close to three thousand women who, for whatever reason, do not get tested; the baby is born; we don’t know the HIV status of the woman. Those babies, some of whom could have HIV, if they’re not tested immediately after birth, there’s no way to save their lives. That’s what this bill does and I think we made a good effort when we passed the bill before, but there’s still some babies slipping through the cracks and that’s why we need this bill -- piece of legislation.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 4306 pass. Those in favor, 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 56 voting Aye, none voting Nay, none voting Present. House Bill 4306, having received the required constitutional majority, is declared passed. House Bill 4310. Senator Pankau. Mr. Secretary, read the bill.
House Bill 4310. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Thank you, Mr. President. House Bill 4310 requires school board members outside of Chicago to take an oath of office. The substance of that oath is contained in the bill, and it also lays out the school board’s responsibilities with the respect to the school superintendent. I know of no opposition and I ask for your favorable approval.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4310 pass. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 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. House Bill 4310, having received the required constitutional majority, is declared passed. House Bill 4313. Senator Sandoval. Mr. Secretary, read the bill.
House Bill 4313. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
Thank you, Mr. President, Members of the Senate. House Bill 4313 amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois as it relates to the energy-efficient appliance information. The bill permits DCEO, subject to appropriation, to provide a link on its website to the Energy Star website maintained by the U.S. Environmental Protection Agency. The website contains information on energy- efficient appliances. I'd ask your favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Risinger.
Thank you, Mr. President. This bill passed out of Energy and Environment Committee without any opposition. I think it’s a good bill. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 4313 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 56 voting Aye, none voting Nay, none voting Present. House Bill 4313, having received the required constitutional majority, is declared passed. House Bill 4314. Senator Sandoval. Mr. Secretary, read the bill.
House Bill 4314. 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
Thank you, Mr. President, Members of the Senate. House Bill 4314 amends the Illinois Vehicle Code as it relates to vehicle emissions inspections. This bill is very similar to Senate Bill 2878, which I sponsored and passed this Chamber 57 to 0. The purpose of the bill is to eliminate the driver’s license suspension enforcement mechanism in the Vehicle Emission Inspection Law over the next two years by the Secretary of State. I'd ask your favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Bomke.
Thank you, Mr. President. This came out of Transportation Committee with no opposition. I want to thank the sponsor for his hard work, and I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 4314 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 4314, having received the required constitutional majority, is declared passed. House Bill 4342. Senator Martinez. 4342. House Bill 4345. Senator Collins. Mr. Secretary, read the bill.
House Bill 4345. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4345 prohibits the use of the name of an existing savings bank or savings and loan bank by a person or 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 persons not affiliated with that bank when marketing or soliciting business from customers or prospective customers if the name or similar name would cause a reasonable person to believe the material or solicitation originated from, endorsed by, or was the responsibility of the existing association. It provides that the Illinois Department of Financial and Professional Regulation may adopt rules to administer the bill, and it becomes effective immediately. It is -- the proponents are the Illinois League of Financial Institutions, Illinois Credit Unions, Community Bankers Association, and the Illinois Bankers Association.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Sieben.
Thank you, Mr. President. We heard this legislation in the Senate Financial Institutions Committee. It’s an excellent piece of legislation, and I would encourage all Members to vote Aye.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 4345 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. House Bill 4345, having received the required constitutional majority, is declared passed. House Bill 4357. Senator Cullerton. Senator Cullerton, on 4357. Out of the record. House Bill 4365. Senator Haine. Mr. Secretary, please read the bill.
House Bill 4365. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is a bill which, quite simply, allows cooperative high schools to be eligible for the same reorganization expenses that consolidated school districts are entitled to. This grew 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 out of a situation in central Illinois, but when I -- it became apparent when I picked up the bill that it also applies to three impoverished districts in my Senatorial district and Senator Clayborne’s. These are primarily African-American districts that have very low tax base, but they don’t want to give up the independence of their districts. But it would allow them to cooperatively establish a high school, as in the central Illinois case, and receive a significant incentive from the State. And I talked to my ROE, who was very enthusiastic about presenting that as an alternative. Since the -- the districts historically have been at loggerheads over consolidation, this gives a way out for them. And so I would ask that this bill be passed.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. To the bill briefly: I -- first I want to thank Senator Haine for taking up what is a -- was a -- is a complicated measure, but it’s an important measure for the schools in this State. We talk a lot about how many school districts we have in this State. This is a way to move us toward consolidation, if that’s appropriate. It gives the locals a little better financial incentive and a little more creative way in order to get those done. And I would urge its passage. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 4365 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 56 voting Aye, none voting Nay, none voting Present. House Bill 4365, having received the required constitutional majority, is declared passed. House Bill 4369. Senator Risinger. Mr. Secretary, please read the bill.
House Bill 4369. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Senator Risinger.
Thank you, Mr. President. What this bill does, it amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. It actually adds twelve years to the TIF district in the City of Princeville. Princeville has suffered some loss of industry. They have some vacant buildings. And this will help them with a redevelopment plan.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4369 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. House Bill 4369, having received the required constitutional majority, is declared passed. House Bill 4375. Senator Lauzen. Mr. Secretary, read the bill.
House Bill 4375. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you, Mr. President. House Bill 4375 allows the Department of Employment Security to work with the State Police to be sure that sex offenders register properly under the law. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4375 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 4375, having received the required constitutional majority, is declared passed. House Bill 4383. Senator Dillard. Out of the record. House Bill 4398. Senator Trotter. Mr. Secretary, please read the bill. 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
House Bill 4398. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Thank you very much, Mr. President and Members of the Senate. House Bill 4398 limits an inmate… I’m being told that - - take it out of the record. I might have an amendment coming.
PRESIDING OFFICER: (SENATOR HENDON) Out of the record for an amendment later. House Bill 4425. Senator Trotter. Mr. Secretary, read the bill.
House Bill 4425. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Thank you very much, Mr. President, Members of the Senate. House Bill 4425 is an initiative by the Illinois Automotive Dealers Association, Ford Motor Company, and General Motors Company. It requires that vehicle manufacturers disclose information regarding surcharges imposed on dealers who receive a retail rate from the manufacturer for parts used in warranty repair. Is prohibits a manufacturer or dealer from disclosing certain types of information, unless compelled by a lawful proceeding.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4425 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. House Bill 4425, having received the required constitutional majority, is declared passed. House Bill 4438. Senator Harmon. 4438. House Bill 4442. President Jones. House Bill 4446. Senator Collins. Mr. Secretary, read the bill. 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
House Bill 4446. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4446 addresses privately operated half-way houses for persons released on parole or mandatory supervised release. The legislation would apply only to new half-way houses and would require them to comply with all local ordinances and permitting requirements. In addition, there must be a notification within forty-eight hours of the person being placed in the half-way house to the State’s attorney and other -- local law enforcement agencies.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4446 pass. Those in favor, 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. House Bill 4446, having received the required constitutional majority, is declared passed. House Bill 4449. Senator Haine. Out of the record. House Bill 4453. President Jones. House Bill 4463. Senator Dillard. Mr. Secretary, read the bill.
House Bill 4463. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you, Mr. President. This is an initiative of the Illinois Education Association on behalf of a former teacher aide in my district. It’s very, very narrowly drawn and we -- we found a flaw in the Pension Code. This woman was a teacher’s aide for less than one year and then became a real teacher, or a 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 full teacher, going into the Teacher Retirement System, as opposed to the IMRF, which is where a teacher aide is. She was a teacher aide for about eight or nine months, but she wasn’t able to transfer that credit. And we want to encourage people to become teachers from teacher’s aides. It’s very narrowly drafted. It may only apply just to this one person, and I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4463 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. House Bill 4463, having received the required constitutional majority, is declared passed. Senator Halvorson, for what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I guess I have two of them. First of all, I’m sure by now every single soul in this Chamber has met my grandson, Scott. But Scott is here with us today; it’s spring break. He lives in Barrington and he’s Senator Wendell Jones’ constituent. Second of all, I’m pleased to announce that we have our Will County Executive here with us here today, Larry Walsh.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise or wave your hand and be recognized in the Illinois Senate? Senator Sullivan, for what purpose do you rise? Senator John Sullivan.
Thank you. Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I have a young gentleman with me, a Page today. Stand up if you would, please? This is Colton Walker. He is a sixth grader. 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 He’s from Golden, Illinois, which is just outside of Quincy over in Adams County. His -- his dad is here with us today as well, Rick Walker, up in the gallery. And I'd like -- he’s very ambitious, would like to run some errands and do some work today. So be sure to give him some jobs. And I'd like everybody to welcome him to Springfield.
PRESIDING OFFICER: (SENATOR HENDON) The Senate please welcome our guests to the Illinois Senate. Welcome, Mr. Walker and young Walker. Senator Trotter, for what purpose do you seek recognition, sir?
Thank you -- thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I have two points to make also today. I am privileged to be shadowed by this -- lovely young lady - please stand - Tori King, who’s from Gurnee, Illinois, who’s visiting us and trying to see what we do down here on her break. So she’s combining her fun time with some education time. Please welcome her to the Illinois Senate.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate. Senator Trotter.
Thank you very much again, Mr. President, for your indulgence. Also I want to announce this -- this morning at 11:30 there’s going to be an informal lunch for those individuals who are interested in working with us -- with the Council of State Government’s Conference, which will be going on this summer. It’ll be in the CDB Room on the fourth floor of the Stratton Building. So, please join us for lunch and to discuss ongoing events.
PRESIDING OFFICER: (SENATOR HENDON) Thank you for your announcement. Senator Millner, for what purpose do you seek recognition, sir?
A point of -- point of -- personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 State your point, Senator.
Up in the gallery is Arnie Biondo and his son, Peter. Arnie’s the Director of the Carol Stream Park District. Welcome to Springfield.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Illinois Senate? Welcome. Now on the Order of 3rd Reading is House Bill 4519. Senator Martinez. Mr. Secretary, read the bill.
House Bill 4519. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 4519 amends the Mortgage Escrow Account Act to require that a mortgage lender shall provide notice, at least annually, if notice is given in an alternative manner, via fax, e-mail, phone, Internet, or other means. It is supported by the Illinois Bankers Association.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Sieben.
…you -- thank you, Mr. President. The sponsor did an outstanding job of presenting this legislation in the Financial Institutions Committee. And we were a little short on members that day, and with strong, very strong support from the Republican members of the committee, we passed this -- this bill out. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 4519 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 54 voting Aye, none voting Nay, none voting Present. House Bill 4519, having received the required constitutional majority, is declared 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 passed. House Bill 4541. Senator Martinez. Mr. Secretary, read the bill.
House Bill 4541. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 4541 changes definition of an “administrator” to include a member who is not on the Chicago charter school teachers’ salary schedule and a member who is paid on an administrative payroll.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Brady.
Thank you, Mr. President. I stand in support of the lady’s -- bill. It passed with all Yes votes.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall House Bill 4541 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. House Bill 4541, having received the required constitutional majority, is declared passed. House Bill 4559. Leader Watson. Mr. Secretary, read the bill.
House Bill 4559. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Leader Watson.
Yes, thank you very much, Mr. President. This is an AFSCME initiative. And it actually corrects a problem that a piece of legislation sponsored by Senator Larry Walsh and I, Senate Bill 629, which we inadvertently allowed for employees of the Department of Corrections to -- to be impacted by this when 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 actually we didn’t want to do that; we wanted it only to impact the inmates. And that would amend the -- Unified Code of Corrections to provide that within any Department of Correction facility maintaining a commissary serving employees, that the selling price for all goods shall be sufficient to cover the cost of the good and an additional charge of ten percent. We’re just correcting an inadvertent reaction and reality of Senate Bill 629.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4559 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 55 voting Aye, none voting Nay, none voting Present. House Bill 4559, having received the required constitutional majority, is declared passed. House Bill 4561. Senator Munoz. Out of the record. House Bill 4606. Senator Martinez. Mr. Secretary, please read the bill.
House Bill 4606. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 4606 clarifies the additional one-year statute of limitation for the prosecution of sex offenses commencing with the discovery of the offense by the victim applies only when the statute of limitation would have otherwise expired. It also eliminates the requirement that for the offense of criminal sexual assault, aggravated criminal sexual assault or aggravated criminal sexual abuse, the offense must be reported within two years from commission in order to extend the applicable statute of limitations to ten years from the -- from the commission of the offense.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4606 pass. Those in favor, vote Aye. Opposed, 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 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. House Bill 4606, having received the required constitutional majority, is declared passed. House Bill 4649. Senator Millner. Mr. Secretary, read the bill.
House Bill 4649. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Thank you -- thank you, Mr. President. House Bill 4649 requires a person charged with committing a violent crime against a family or a household member to appear before the court for the setting of bail if specified conditions are met. It requires a court to consider enumerated factors in setting that bail for a person who is charged with committing a violent crime against a family or household member and who is required to appear before the court for the setting of bail. It also provides that a court may permit a person who is charged with committing a violent crime against a family or household member and who is required to appear before the court for the setting of bail to appear by video conferencing equipment. And I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Demuzio.
No. Thank you, Mr. President. On the last vote, House Bill 4559, I did not get recorded as a Yes vote, and I just wanted to make sure I’m on that bill.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. No further discussion? The question is, shall House Bill 4649 pass. Those in favor, 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. House Bill 4649, having 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 received the required constitutional majority, is declared passed. Top of page 13. House Bill 4657. Senator Munoz. Mr. Secretary, read the bill.
House Bill 4657. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4657, currently only State agencies may notify the Secretary of State of a vehicle in violation of agency regulations. The Secretary of State, based on agency recommendation, will then suspend/revoke the vehicle’s registration. House Bill 4657 allows the Secretary of State to perform these acts based on information received from national database that is maintained by the U.S. Department of Transportation, rather than strictly from information provided by State agencies. This bill is the initiative of the Secretary of State’s Office and is supported by IDOT and the Illinois State Police. I know of no opposition and I will attempt to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Bomke.
Thank you -- thank you, Mr. President. This came out of Transportation with no opposition. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 4657 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 56 voting Aye, none voting Nay, none voting Present. House Bill 4657, having received the required constitutional majority, is declared passed. House Bill 4666. President Jones. House Bill 4676. Senator Hunter. Senator Hunter. 4676. Out of the record. House Bill 4703. Senator Harmon. 4703. Senator Harmon. Mr. Secretary, read the bill. 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
House Bill 4703. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you -- thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4703 amends the Illinois Patriot Plan. Last year we enacted the Illinois Patriot Plan to provide relief for military service members who’ve been called to active duty. The sort of relief we provided is relating to things like cell phone contracts, gas and electric service, insurance premiums and the like. As passed, the -- the plan provided no penalty for violations. Since the law has been effective since January of this year, there have been several violations. This bill would enact a penalty of one thousand dollars for each violation. I’m not aware of any opposition, and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4703 pass. Those in favor, 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. House Bill 4703, having received the required constitutional majority, is declared passed. House Bill 4711. Senator Martinez. Mr. Secretary, read the bill.
House Bill 4711. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 4711 increases the penalties for attending a dog fight or soliciting a minor to commit a violation of the dog fighting laws. It also provides that bringing a child under age thirteen to a dog fight is a Class 4 felony - one to three years, twenty- 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 five thousand dollars. House Bill 4711 creates a permissive presumption of a violation where a person possesses training paraphernalia for dog fighting, together with a dog. House Bill 4711 also requires evidence of violation to be used to train police officers to identify dog fighting offenses.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4711 pass. Those in favor, 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. House Bill 4711, having received the required constitutional majority, is declared passed. House Bill 4714. Senator Clayborne. Mr. Secretary, read the bill.
House Bill 4714. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you -- thank you, Mr. President. House Bill 4714 excludes from the definition of pollution control facility which requires adherence to a local permitting process a facility that recycles used oil for sale to off-site petroleum facilities. This is in lieu of a project -- what -- this is in regards to a project in the City of East St. Louis where HUD has already done a siting and the City has committed 1.8 million dollars towards this project. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Risinger.
Thank you, Mr. President. This bill came out of Energy and Environment, but there was a question. Would the Senator yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Risinger.
Yeah. This -- this project involves a facility in the 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 floodplain. Would you -- would you address that issue, Senator?
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
That whole area is a -- well, it’s not necessarily a floodplain, but, anyway, the concern was whether it -- it would affect the levee. And still the Army Corps of Engineers would be required to go through -- they would have -- they were required to go through the process the Army Corps of Engineers has as it relates to permitting. So this just deals with the oil facility where it is, but still has to go through the other permitting processes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Thank you, Senator. I think this is a good project, and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Righter.
Thank you, Mr. President. Senator Clayborne, I -- I’m -- and I’m not doubting the merit of the project itself, I guess I have a question about process. Is it fair to characterize this as changing the requirements for this one project that would be in place for other people who are desiring -- or other entities that are desiring to do the same thing, particularly environmental issues?
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
This -- this change only deals with facilities that -- that recycle commercial used oil.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 How many such facilities are there to your knowledge, Senator Clayborne? Well, there’s -- clearly one in your district, at least one in your district. Are there others?
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Not that I know of. It’s not in my district yet. We want it in the district.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
That’s a real jump on redistricting, Senator. I guess what is it that we’re -- that we’re changing? What is -- what is the requirement right now, Senator, for these facilities that this bill will change?
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Under the narrow definition, it’s -- comes under -- it comes under the IEPA statute as a pollution control facility. So they believe -- IEPA believes that as a pollution control facility, then a facility that recycles commercial oil comes under that provision.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
And this would exempt such entities from what the Illinois Environmental Protection Agency is saying should they -- the regulations they should be subject to? I think I understand that. Can I ask one more question? The environmental groups - can you tell us, I mean, to your knowledge who has signed in on - - who has weighed in on this, and whether they’re for it or in opposition to it? Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Thank you. Senator Clayborne.
The American Bottoms {sic} Conservancy, which is a local group in our area, and the Illinois Environmental Council. And their concern pretty much -- they’re -- they’re against it. 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Their concern pretty much dealt with the levee and whether this was in a floodplain. In fact, the -- the lady from the American Bottom said that this is only six jobs. So, you know, it was no big deal, but… HUD -- HUD has permitted -- has gone through a permitting process and said everything’s okay.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Questions for the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen.
Senator, is there a position been taken by the Sierra Club?
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Not that I know of.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
First of all, I agree with you that six jobs are important. Every single job is very important to every group. Is there a danger at this facility where we might be changing the definition? You know, a -- a famous person said, a rose is still a rose, you know, no matter what we call it. Is there a danger here?
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
To -- to my knowledge, there’s no danger. As I said that HUD has gone through a permitting process as far as it’s concerned with the levee. They still have to go through a permitting process with the Army Corps of Engineers. Excuse me. All we’re changing is this narrow definition that this oil recycling doesn’t come under this Pollution Control Act. But there have been numerous public hearings for the local jurisdiction where people have come and, you know, expressed their concern. The City of East St. Louis has allocated 1.8 million dollars towards this project. 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 4714 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 49 voting Aye, 5 voting Nay, none voting Present. House Bill 4714, having received the required constitutional majority, is declared passed. House Bill 4717. Senator Millner. Mr. Secretary, read the bill.
House Bill 4717. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Thank you -- thank you, Mr. President. House Bill 4717 provides that a -- municipality may charge an offender with municipal misdemeanor offense for conduct that would constitute felony driving under the influence of alcohol, drugs or intoxicating compounds if the State’s attorney rejects or denies felony charges for that conduct. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4717 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 54 voting Aye, none voting Nay, none voting Present. House Bill 4717, having received the required constitutional majority, is declared passed. House Bill 4719. Senator Munoz. Mr. Secretary, read the bill.
House Bill 4719. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
Thank you, Mr. President, Ladies and Gentlemen of the 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Senate. House Bill 4727 amends -- simply provides that in addition to the reasons listed in current law for suspending or revoking the employment permit of a relocator or dispatcher, the ICC could also suspend or revoke for violations of the commercial…
PRESIDING OFFICER: (SENATOR HENDON) Excuse me, Senator. Senator, 4719 first and then we’ll get to 4727.
Oh, I’m sorry, Mr. President. Take that one out for now.
PRESIDING OFFICER: (SENATOR HENDON) Out of the record, 4719. 4727. Senator Munoz. 4727. We’ll -- Mr. Secretary, read the bill.
House Bill 4727. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
Thank you, Mr. President. As I mentioned, it amends -- simply provides that in addition to the reasons listed in current law for suspending or revoking the employment permit of a relocator or dispatcher, the ICC could also suspend or revoke for violations of a commercial vehicle relocator law, Commission’s regulations, or any other law affecting public safety. Committee Amendment 1 cleared up some questions with the bill. The bill is supported by the Illinois Commerce Commission. Professional Towing and Recovering Operators of Illinois are neutral. I know of no opposition. I will attempt to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Bomke.
Thank you, Mr. President. This came out of Transportation with no opposition, and I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 4727 pass. Those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 4727, having received the required constitutional majority, is declared passed. Senator Harmon, for what purpose do you rise, sir?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
On the roll call on House Bill 4714, I was recorded as an Aye vote. I had intended to vote Nay, but did not get to my switch in time. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. House Bill 4728. Senator Link. Mr. Secretary, read the bill.
House Bill 4728. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. This bill will require that any Illinois-based interstate carrier that is required under federal law to register, to do so with the Illinois Commerce Commission. This includes both for-hire carriers and private carriers. Be more than happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.
Senator Link, I’m not clear what it is you’re doing here. These -- these -- this applies to trucks that are required under federal regulation to register with a federal entity -- regulatory body, is that right? 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
And this would subject them to a State registration - I’m assuming a State registration fee as well, is that right?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
No, it would not.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
I apologize. I asked you two questions there, Senator. It would not charge them a fee or it’d not require them to register? Which, and -- and can you tell me why we’re doing it?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
It would -- it would keep the records for the registration for the State of Illinois that they have to register if they’re out doing business out of the State, but they would not have that registration fee of additional because they’re already paying that fee that is required by the federal government. This would be just for the records of making sure that they are registered in the State of Illinois and that we would know who -- who they are - privates and for-hire companies.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President, last question. Senator, are -- I would assume the State of Illinois is already able to obtain the federal records and find out who’s driving in Illinois and who’s not. So why is it that we’re requiring these companies now to register with a State regulatory agency as well? Thank you, Mr. President. 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
I -- I didn’t realize there was a question out of that. I just thought it was a statement.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Senator, the question is, assuming that the State can already get the federal records - and I’m assuming we can - then and we are -- so if we can get those records, we already know who’s driving in Illinois and who’s not. Why are we requiring them to file what is going to be essentially duplicate paperwork with a State regulatory body as well?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
These are -- these are interstate carriers that are supposed to be registered in -- in Illinois that are doing business in Illinois and that are not registering in Illinois, and that’s the reason for this piece of legislation. And without this piece of legislation, the State of Illinois potentially could lose two to three million dollars annually.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Thank you, Mr. President. Being in the transportation industry, this is pretty confusing. It -- it seems trucks that operate in Illinois are already required, Senator Link, to -- to be registered in Illinois and to pay their road use tax and now we’re going to put another fee on top of that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Here -- here’s the best explanation of the goal. In -- in - - federal law was passed in August of 2005 that requires both for-hire and private interstate carriers to register. Therefore, if Illinois law does not change to comply with the federal law, the Illinois-based private carriers will be forced to register in 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 other states in order to comply with the federal law. These are Illinois companies that are stationed in Illinois. They must be registered in Illinois. And I don’t think we want anybody to leave Illinois. We want ‘em to stay in Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Senator Link, by the word -- by the -- register in Illinois, are -- are you saying that they should be purchasing their license plate in Illinois?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
That -- that’s not part of the bill. They’re supposed to register with the ICC. That’s what this bill is, just registering with the ICC like they would be -- have to do under federal law.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
To the bill: It’s -- this is still very confusing. I’m -- I’m not sure what we’re doing here. Senator Link, are -- are you saying that -- that if we don’t do this, we’re going to lose federal money?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
What we will be doing is forcing trucking companies that are based in Illinois to move their bases out of Illinois to have to comply with registration under the federal requirement to register in states that have complied with this federal mandate.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Senator Link, we did that in 2003. Anybody that is still registered in the State of Illinois is here because he wants to be and I would think they would be legal.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones. 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Jones.
Senator Link, you keep referring to the federal law. Trucking companies in the State of Illinois right now register with the Illinois Commerce Commission. If they run in multiple states, they also have to put that down and they pay a fee to each -- each state that they run in. The Illinois Commerce Commission collects that, then sends it to the appropriate states. I -- I don’t -- I don’t get where you’re coming from here, saying we have to do this because of federal law.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
In August of 2005, the federal law was passed that both for- hire and private carriers must comply with this. In Illinois we’re doing it for-hire right now, but we’re not doing it for the private carriers. This is bringing everybody into compliance with the federal mandate.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
I don’t -- I don’t know of a trucking company in the State of Illinois -- I mean, I -- I know an awful lot of trucking companies, little and big, but to my knowledge, they’re every one registered in the State of Illinois. If they wasn’t, they couldn’t be operating. I mean, if they -- if they go across the scales, you don’t have that ICC number on the side of your truck, and -- and readable, you’re going to be pulled around back and -- and fines are going to be accessed to you. So, you know, I don’t care whether you’re a farmer or who you are, if you’re -- if you’re hauling for hire, you’re going to have an Illinois Commerce Commission registration. I don’t see the need for this piece of legislation.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Well, you know, it’s a federal mandate, as -- as we get here. And, you know, Illinois Commerce Commission is a proponent of this bill. The Illinois Movers’ and Warehousemen {sic} (Warehousemen’s) Association are proponents of the bill. Mid- West Truckers Association is neutral on the bill. I -- I -- there’s no opposition on this bill whatsoever, so I don’t know where we’re coming from.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bomke.
Thank -- thank you, Mr. President. I understood, Senator Link, in committee that this addressed an issue for not – not for-hire vehicles and not to confuse, but for privately owned. And you might want to give an example of who might be a privately owned, I think, like Wal-Mart, maybe Target, someone who -- who is not working for hire, but actually own their own vehicles and to bring them in compliance with the federal law. Am I correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Yes, you are, Senator Bomke. For example, those are the places like Sears, Eagle, Jewel-Osco, Walgreens, et cetera, those type of -- companies, and we would be bringing ‘em into federal compliance in the State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Seeing no further discussion, the question is, shall House Bill 4728 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 41 voting Aye, 15 voting Nay, none voting Present. House Bill 4728, having received the required constitutional majority, is declared passed. House Bill 4729. Out of the record. House Bill 4736. Senator Collins. Mr. Secretary, read the bill.
House Bill 4736. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4736 clarifies a technical deficiency in the Check Printer and Check Number Act which does not require a federally chartered bank to comply with the Act. Currently, the language, as structured, defines a “financial institution” as a federally chartered commercial bank, savings bank, savings and loan association, or credit union organized and operated in this State under the laws of the United States. It is confusing because a federally chartered institution cannot be organized under Illinois law. A federally chartered entity can only be organized under federal law. So the language basically -- the language changes or switches the last part around to clarify the intent of the language that the Act applies to a federally chartered entity that is organized under the federal laws and operated in Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Rutherford.
Thank you, Mr. President. I stand in support of Senator Collins’ piece of legislation, and know that so much so, that I even went on as a sponsor when it was Senator Sieben.
PRESIDING OFFICER: (SENATOR HENDON) Any further discussion? Seeing none, the question is, shall House Bill 4736 pass. Those in favor, 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 56 voting Aye, none voting Nay, none voting Present. House Bill 4736, having received the required constitutional majority, is declared passed. House Bill 4746. Senator Link. Out of the record. Top of page 14. House Bill 4760. Senator Link. Mr. Secretary, read the bill.
House Bill 4760. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link. 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
Thank you, Mr. President. This is -- this amends the Conveyance Act and provides that the signatures of all persons conveying an interest in real property shall be notarized on the instrument of conveyance. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Rutherford.
Thank you. Senator Link, yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Rutherford.
Who are the proponents of the bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
The Lake County Recorder of Deeds, Metro Counties, the Illinois Association of County Clerks and Recorders, Home Builders, Chicago Title, Cook County Recorder of Deeds.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Rutherford.
Who are the opponents of the bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
…any.
PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford.
I stand in favor of Senator Link’s bill.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 4760 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 57 voting Aye, none voting Nay, none voting Present. House Bill 4760, having received the required constitutional majority, is declared 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 passed. House Bill 4768. Senator Cullerton. Mr. Secretary, read the bill.
House Bill 4768. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill amends the Graduated Licensing Program. I'd like to thank Representative D’Amico for passing this bill over to us. I know he’s been working very hard on -- on this as a result of a reaction to a tragedy that occurred in his district when two young teenagers were killed. Right now in Illinois, we ask that parents spend time driving with their -- their children before they get their license. We now currently have twenty-five hours that they have to spend. This bill doubles that to fifty hours and requires that ten hours be driving at night. It’s something which is supported by the Secretary of State, the Driver’s Ed -- Education Association, the Illinois Education Association, the Chiefs of Police, National Highway Traffic Safety Administration, Illinois Traffic Safety Leaders, Mothers Against Drunk Driving, and Alliance Against Intoxicated Motorists. Most important thing we can do to cut down on -- on deaths among teens is to give them experience - experience under safe conditions - by spending time with their parents or if the parents don’t have a driver’s license, they can -- they can drive with someone who is over twenty-one who’s had at least a year of driving experience themselves. These children can learn how to drive under safer conditions, so that when they do get their license, they are safer drivers. It’s a very significant piece of legislation. I think there’s other things that we can look at in the years to come to see if we can tighten up the Graduated Licensing Program, but this is an excellent start. Be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Burzynski.
59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Burzynski.
Thank you. Senator, just for points of clarification. First of all, it doesn’t say that you can’t get your driver’s license at age sixteen. It just expands the number of hours behind the wheel. Also talks about an -- unemancipated minor. Let me ask you this, Senator, just very briefly. I’m trying to recall, are there penalties if a parent signs off that they have -- have had the fifty hours, or twenty-five hours, currently, behind the wheel, are there any penalties in law?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Senator, in response to your question, I -- I don’t believe so. I remember that when Secretary of State George Ryan was the Secretary of State, Senator Hawkinson and I were involved in sponsoring the graduated driver’s license initially and we introduced this concept of twenty-five hours. We did make it self-reporting and we didn’t have any penalties against the parents. We hope that parents appreciate the significance of this. The fact that we’re doubling it I think is going to reemphasize that. And -- and hopefully the parents will -- will get the message. And you’re right, this bill initially did raise the driving age sixteen to eighteen, which in and of itself is very controversial and questionable as to whether or not that really works. So the Representative amended the bill, took that out and came back with this good piece of legislation.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. Thank you for the explanation, Senator. You might find this amazing, but I actually agree with you on this one. Think it’s a great -- great piece of legislation. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bomke. 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
Thank you, Mr. President. I rise in support of this piece of legislation. Far too many young drivers, inexperienced drivers, are dying in the first few months of getting their license because of that lack of experience. And I think this will go a long way to improve the young driver’s experience behind the wheel. It’s hard to monitor any kind of law, but I applaud Senator Cullerton and I -- I think it’ll go a long way in reducing inexperienced drivers having accidents.
PRESIDING OFFICER: (SENATOR HENDON) Senator Roskam.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Roskam.
Senator, my eldest daughter is going to be sixteen on June 30th and she’ll be here tomorrow. I’m hoping that the driver training that we’ve done so far is adequate. I’m sure I’ve done more than twenty-five hours with her. How would this impact drivers -- or student drivers like her who are in the mix, haven’t yet completed their -- they’ve -- they’ve completed their -- their twenty-five hours of training, but they’ve not yet received their driver’s license?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Yeah. This -- this bill has an immediate effective date. Would -- would therefore become the law when the Governor signs it, as Senator Axley explained to us yesterday, and the significance is it’s when the parent has to submit the affidavit, the permission if you will, and -- and certify that they’ve spent fifty hours with the child in the -- in the car. And that’s -- that’s when -- how it would work.
PRESIDING OFFICER: (SENATOR HENDON) Senator Roskam.
So, since her birthday is June 30th, are you -- are you telling me that if this bill passes, I’m looking at one of two 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 situations: I’m either going to be urging the Governor to sign this on July 1st, or I’m going to be continuing to drive around the western suburbs this spring for twenty-five more hours?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Well, I'd have to better understand what your question is. It -- it -- the point would be at what point in time does she -- do you have to submit the affidavit saying that you’ve had the amount of hours? I -- I take it she’s sixteen on June 30th, on July 1st you could submit that. If it -- if it wasn’t the law then, then you’d only have to submit an affidavit that says twenty-five hours. If it was the law prior to that time, you would have to. Obviously, my recommendation to you is to spend at least fifty hours driving with your child. The more time you -- you spend driving with them the -- the better.
PRESIDING OFFICER: (SENATOR HENDON) Senator Roskam.
Thank you, Senator. And, you know, I -- I think you’ve got a decent idea here, particularly in light of the nighttime driving situation. One of the things that has come up, now that I’m sort of tuning in on this whole student driver thing, ‘cause it’s having an impact on our household, is the idea of driving in the snow, driving in inclement weather, and so forth. Have you contemplated those types of things? ‘Cause it strikes me that those are areas that, unless parents are really intentional -- intentional about driving with their children, sometimes kids find themselves driving in a rough snowstorm in the wake of a necessity; they’ve got to drive and they really haven’t had the - - the background. I don’t see that in the bill. Is that something in your Incremental Highway Safety Program that you would anticipate advancing in the future?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Well, thank you very much for giving me the opportunity to talk about this, ‘cause it is very significant. The most important thing that you can do when your daughter gets her 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 driver’s license is to, of course, follow the law that we passed three years ago that limits the number of passengers that are in that vehicle to siblings or one passenger under the age of twenty-one. That’s the most significant thing. That’s why when you’re -- when you, yourself, are in the car with a -- a child, you’re giving them the experience and they’re not -- their attention is not being diverted. I don’t necessarily think that driving in unsafe conditions is something that actually helps them until they’ve spent a lot of hours just under normal conditions. I do think that the hourly driving, the night driving is important, because it gives them that perspective. But the time of day where most kids are killed, believe it or not, is 3:30 in the afternoon. It’s not at night. It’s not when drunks are on the road. It’s when they have a bunch of kids in their car and their attention is diverted and that’s when most of the crashes occur. So, I don’t think it’s important necessarily to be driving when it’s raining, or drive when it’s snowing. I think it’s -- it is important to get some nighttime experience, but the main thing is to have the hours behind the wheel under the safe conditions of a parent supervising them and that’s why we want to double the amount of hours. And I would recommend that you do it even if the law doesn’t take effect when it’s time for her to get her license.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.
Thank you, Mr. President. In committee when this was discussed, there was a concern raised about whether or not the three-month driver permit phase would be enough time to get fifty hours in, and you had mentioned working with the Secretary of State. So what is the status of -- of that issue?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Yes, I did check with the Illinois High School and College Driver’s Education Association and they -- they would support that change, but there are other proposed changes to the graduated driver’s license bill that they would -- they wanted to recommend next year and they didn’t want to jeopardize the -- the 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 -- the bill that we have right now. So I think that’s something that we will look at to -- to see what the effect would be to change the -- the permit period from three months to six months. I think it’s probably a good idea, but it’s not contained in this piece of legislation. The other question that was raised was from Senator Garrett and that had to do with the issue of what happens if the parents don’t have a driver’s license. That’s already addressed in the current law.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.
Thank you. Well, my concern is if we pass it and it’s effective immediately, is that going to put families in a situation where they’re not able to comply with the fifty hours because the permit period is still only three months? I mean, maybe the -- the effective date should be moved back until we can extend the permit period.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
I’m not -- I’m not certain if the -- the question is, do they only have three months and would the parent have a problem getting the fifty hours in? Is that what your question is? I -- I don’t really know.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.
Well, I think that’s a significant issue, because if we’re passing a law that people have difficulty complying with, maybe we ought to rethink either passing it right now or extend the effective date. That was raised in committee, and interestingly over the weekend, I was talking about this issue and some families talked about that very thing that they couldn’t comply within three months, getting fifty hours in.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
I’m sorry. I think there was a little misunderstanding. I think right now we have a minimum of three-month period for a 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 permit. I think it’s minimum. So, the fact is, that you take as much time as necessary before -- to get the amount of fifty hours in as a parent. If you do it in three months, fine. If it takes longer, you can still do it. That -- that’s what my understanding is, but I could be mistaken. But that’s what I believe is the case.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.
Could we clarify that before we vote on it? I mean that would make sense if that is, in fact, a minimum period. That would make sense.
PRESIDING OFFICER: (SENATOR HENDON) Take it out of the record. Senate {sic} Bill 4782. Senator Schoenberg. Mr. Secretary, read the bill.
House Bill 4782. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4782 is a modified version of legislation that limits idling of -- diesel vehicles which are greater than eight thousand pounds to ten -- ten minutes per hour in certain geographical areas, namely the Metropolitan Chicago and Metro East area, when the temperature is between thirty-two and eighty degrees. There are a number of allowances in this modified version of the bill, which is supported by the American Lung Association, the American Heart Association, the Illinois Environmental Council, the Environmental Law and Policy Center, by teachers and others who are interested in addressing the growing problem of how diesel exhaust triggers thousands of asthma attacks and heart attacks each year here in Illinois. You may recall that we had earlier discussed House Bill 2347. At the time, there was a possible federal action that was going to be taken, so at the request of the trucking industry and a number of its supporters, we held back on proceeding with that. Now -- now 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 there was no federal action that was taken. In fact, the federal government is encouraging State action such as this. There is no opposition. Trucking groups are either in support of this or they have indicated their neutrality. As I said, this is a modified version. I’m happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Risinger.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Risinger.
Yeah. Senator, the charter coach industry, the tour buses, raised the issue about buses heating up when the temperature is seventy-five degrees and I know there’s -- there’s some limits in there, but they have raised that concern. And they indicated to me that if -- if that’s the case, you know, the -- the -- the people that are on these tours they won’t, you know, they get upset if the buses are hot and those kind of things. And so how they’ll remedy that is they’ll drive the bus around the city while they’re waiting on people to -- to pick ‘em up. It may be that we would want -- I understand what you’re trying to do with the bill and I appreciate it. But I -- you know, I think we need to look at maybe tweaking it whenever -- if -- if this is really a problem.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you. And I appreciate you raising this issue in committee. And as I mentioned when we discussed this in committee, there are a number of allowances which are made in this modified version of the bill. One of which is for bus passenger safety. So, for example, a tour bus of senior citizens, the temperature is getting to be too hot, there would be certain safety risks that would be inherent to a situation if, in fact, the idling were not allowed to occur. And I think that that would be addressed through this.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones. 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
Thank you, Mr. President. Sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator John Jones.
Must be the trucking industry day today. Senator, I -- I’m trying to read through this real quickly on the exemptions that - - that are made. Such as maybe a fuel truck in one of these counties that’s listed has to use a auxiliary pump, it has to be driven by the truck engine in order to do that. Are they exempt?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
As I mentioned, there are a number of exemptions for maintenance reasons; mandated rest periods for drivers with sleeper cabs; as I mentioned before, bus passenger safety; emergency vehicles; airport equipment; safety inspections; weighing, loading and unloading cargo; and production agriculture vehicles. I think the scenario that you just described would fall within those exemptions in this geographical region.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
So you’re -- so you’re saying if I pull into a dock in your district that’s -- that’s included in this piece of legislation at -- at 10 p.m. tonight, and I can’t unload until 7 a.m. in the morning, and I crawl up in the sleeper, I can leave the truck running either for the heating purposes or the cooling purposes of the cab in -- in the sleeper area. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
For those mandated rest periods, yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.
Yes, thank you. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Cronin. 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
This, as I understand, applies to any diesel vehicle. So if -- if, you know, somebody’s parked in their passenger car, a diesel - some of these vehicles today; Mercedes Benz makes a -- a diesel - and, you know, your mother-in-law waiting for you to come home or something like that, parked out in front of your house, and it’s a hot day, and the air conditioning -- I mean would the police come by and ticket them and -- I mean, how does this work with -- with vehicles, personal passenger cars? Are there -- is there exceptions for that, too?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you for that question. This is specifically limiting -- limited to vehicles -- diesel vehicles in excess of eight thousand pounds. So a Mercedes - not that my mother-in-law would be driving a Mercedes, but a -- but a -- but it’s clearly for trucks.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Thank you, Mr. President. To the bill: This -- this piece of legislation is not a bad bill. It’s -- it’s a bill that’s been agreed to by the trucking association to Illinois. And the requirements that are in it and the exemptions that are in it are agreeable to all of the industry that I’ve talked to. So, a Yes vote is in order.
PRESIDING OFFICER: (SENATOR HENDON) Seeing no further question, the question is, shall House Bill 4782 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 4782, having received the required constitutional majority, is declared passed. House Bill 4829. Senator Martinez. Mr. Secretary, read the bill.
House Bill 4829. (Secretary reads title of bill) 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 4829 is an initiative of the Department of Human Rights and CMS. It originates from a 2004 Cook County Circuit Court decision, People of the State of Illinois versus Lakeside Construction, where the Circuit Court dismissed the State’s housing discrimination complaint because the Act prohibited the Department from filing a complaint more than a hundred days after the filing of a discrimination charge. The provision of -- of House Bill -- 4829 will ensure the Department of Human Rights will retain jurisdiction over the charge even if it fails to file a complaint, or the Director fails to make a determination of violation, within the hundred days of filing the bill. The bill was also amended to codify decision preserving the charging party’s State’s claim when filing a complaint with the EEOC.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Roskam.
Thank you, Mr. President. To the bill: This is well thought out. I think Senator Martinez has addressed a particular -- procedural problem that came up in the course of some litigation in the past, and she’s trying to create a good remedy. And I urge its passage.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 4829 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 57 voting Aye, none voting Nay, none voting Present. House Bill 4829, having received the required constitutional majority, is declared passed. House Bill 4835. Senator Cullerton. Out of the record. House Bill 4853. Senator Ronen. 4853. Senator Ronen. Out of the record. House Bill 4904. Senator Harmon. Mr. Secretary, read the bill.
House Bill 4904. 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 (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. House Bill 4904 is a modernization of the Carnival and Amusement Rides Safety Act. It is an initiative of the Department of Labor. Does three things. First, it expands the Carnival and Amusement Safety Board from five members to eight in order to bring on additional expertise and more input from the public. Second, it transfers the responsibility for initiating rules, regulations and fees from the advisory Board to the Director. This is really a nod to reality. The Board is a unpaid board with no staff, and the Department has promulgated these or brought them to the Board. This simply recognizes that reality and provides the Director may initiate these with the advice and consent of the -- of the Board. It does not in any way obviate the need to go through JCAR. And then third, it gives the Director subpoena powers regarding all books, records and the like. This is consistent with its enforcement power with respect to almost all of the other laws that the Department enforces. I’m not aware of any opposition. There were some good questions in committee. I wouldn’t be surprised if there are a few good ones on the Floor, but I’m eager to take them.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Pankau.
Yes. Thank you, Mr. President. To the bill: The basic thrust of this bill is the safety of carnival rides and amusements and that’s a good thing. However, there were a few provisions in there that caused a little bit of concern, and I want to bring them to the Members’ attention so they can decide how they want to vote on it. The Director of the Department is now going to be able to set the fees charged for the inspections and for all the other services that are provided by the Department. The Director is appointed directly by the Governor, as is the Board, and the now expanded Board. It’s going to go from five members to eight members. So what’s to say in the 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 future that, down the road, the Governor might come to the Director and say, you have to increase these fees from X amount of money to X amount of money, because I need to sweep X amount of dollars out of this fund next year. Didn’t mean that the services wouldn’t be provided. They still, of course, would be provided, but it would a way -- it would be a way for a person to circumvent the system as it is right now - the checks and balances system - and basically have more money in certain funds than are actually needed for the services provided. This might be a far-out scenario. I understand some people would think that way. But oftentimes we ask ourselves here, how did we ever get in this situation? And sometimes it’s just little steps like this that put us in a position down the road for other things - unforeseen circumstances. So I ask you to consider that when you decide how to vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none. Senator Harmon, to close.
Thank you, Mr. President. Just to respond briefly to Senator Pankau’s issue. I appreciate you recognizing that the scenario is a bit far out. And just so folks understand the -- the magnitude here, the Department spends about three hundred and fifty thousand dollars a year enforcing and -- and licensing these rides. The fees generate a total of a hundred and twenty thousand dollars. So, the fees would have to be tripled in order for us to simply break even. There is no special fund. There is no fund to sweep. We are orders of magnitude away from generating any surplus, and even at that, we’re talking about a hundred and twenty thousand dollars in fees in total. It probably won’t solve any budget deficits we have this year. I'd ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 4904 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 53 voting Aye, 4 -- none voting Nay, 4 voting Present. House Bill 4904, having received the required constitutional majority, is declared 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 passed. House Bill 4960. Senator Righter. 4960. Out of the record. House Bill 4971. Senator Wilhelmi. Out of the record. House Bill 4977. Senator Harmon. Out of the record. House Bill 5220. Senator Munoz. Out of the record. House Bill 5249. Senator Dillard. Out of the record. House Bill 5259. Senator Clayborne. Mr. Secretary, read the bill.
House Bill 5259. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. President. House Bill 5259 allows the organ procurement agency to implement procedures, at its own expense, to preserve a -- decedent’s body for organ donation while it tries to obtain consent from a person authorized to consent to the donation. The organ procurement agency contends that there are existing preservation techniques which entail inserting a small catheter into the descendant’s {sic} -- to administer fluid to organs, can preserve organs until such time as descendant’s family can either consent to or deny an organ donation. This bill does not allow a person to be artificially kept alive; however, the deceased must have been pronounced dead, and his or her organs may be preserved in hope that consent will be acquired for the organs to be donated. It is contemplated that this will be used where there are victims of fatal traumas or unexpected deaths. Once it is determined that consent has not been given, then the organs would no longer be preserved. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill -- I’m sorry. Senator Roskam.
Thank you -- thank you, Mr. President. It was a late light, and I appreciate your catching it. Will the sponsor yield for a quick question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Roskam. 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
Senator, can you -- can you just explain what the problem is that -- that you’re trying to remedy? I’m a little bit confused about the -- the nature of the difficulty. My sense is that it’s probably a fine piece of legislation, but I didn’t quite follow the underlying difficulty that you’re trying to address.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Say, for instance, there’s a car accident and the person arrives to the hospital -- is dead on arrival, and they don’t know where their next of kin is or their loved ones. Then the doctor would have the ability to insert a catheter that for -- up to six to eight hours, to allow consent to be obtained, to preserve those organs.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall House Bill 5259 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 57 voting Aye, none voting Nay, none voting Present. House Bill 5259, having received the required constitutional majority, is declared passed. House Bill 5260. Senator Link. Out of the -- out of the record. Oh! I’m sorry. Mr. Secretary, read the bill.
House Bill 5260. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. This is the prompt payment bill. This, as specified, will -- specifies defective notice time frame apply to construction related invoices or bills, requires the State to pay its portion of an invoice or a bill that is not disapproved, and it clarifies that construction {sic} must pay subcontractors and material suppliers for work plus any interest. As amended, it does not apply to State government, but also -- 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 not only applies to State government, but also applies to local government amended under local government prompt payment. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is shall House Bill 5260 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 57 voting Aye, none voting Nay, none voting Present. House Bill 5260, having received the required constitutional majority, is declared passed. House Bill 5274. Senator Link. Out of the record. House Bill 5284. Senator Harmon. Out of the record. House Bill 5288. Senator Raoul. Mr. Secretary, read the bill.
House Bill 5288. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you -- thank you, Mr. President, Ladies and Gentlemen of -- of the Senate. House Bills {sic} 5288 changes the annual cycle of the State’s -- State Police’s DNA testing backlog report to track the fiscal year. It also -- it -- it expands the annual report to include information that will help identify where the backlog exists, whether it’s with the State Police or local law enforcement agencies.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 5288 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 56 voting Aye, none voting Nay, none voting Present. House Bill 5288, having received the required constitutional majority, is declared passed. House Bill 5299. Senator Cullerton. Out of the record. House Bill 5305. Senator Winkel. Mr. Secretary, read the bill.
74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 House Bill 5305. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Winkel.
Thank you, Mr. President. House Bill 5305 creates the Chanute-Rantoul National Aviation Center Redevelopment Commission. It is designed to facilitate and promote the economic and environmental redevelopment of what was known as the Chanute Air Force Base, which was closed several years ago. It establishes the territory, the board of directors’ duties and powers, allows for eminent domain, but no quick-take. Gives the Commission power to issue revenue bonds. I’ll be glad to ask -- answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 5305 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 57 voting Aye, none voting Nay, none voting Present. House Bill 5305, having received the required constitutional majority, is declared passed. House Bill 5330. Senator Garrett. Mr. Secretary, read the bill.
House Bill 5330. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Thank you -- thank you, Mr. President. House Bill 5330 simply changes the name of what is currently called the Department of Public Health Uniform DNR - which means do-not- resuscitate - Order form to the Department of Public Health DNR Advance Directive. We are changing this to eliminate confusion with a physician’s DNR order. Oftentimes the forms are confusing to hospitals because they both contain the work order. It is 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 purely a technical change.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 5330 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 5330, having received the required constitutional majority, is declared passed. House Bill 5331. Senator Righter. Out of the record. House Bill 5336. Senator Roskam. Out of the record. House Bill 5337. Senator Cullerton. Out of the record. House Bill 5339. Senator Schoenberg. Out of the record. House Bill 5342. Senator Trotter. Out of the record. House Bill 5343. Senator Demuzio. Mr. Secretary, read the bill.
House Bill 5343. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes. Thank you, Mr. President. House Bill 5343 amends the Disabled Persons and -- Rehabilitation Act, regarding the Illinois School for the Visually Impaired and the Illinois School for the Deaf. This bill addresses certain accounts maintained by the Illinois School for the Visually Impaired and the Deaf.
PRESIDING OFFICER: (SENATOR HENDON) Is there -- are there -- is there any discussion? Seeing none, the question is, shall House Bill 5343 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 5343, having received the required constitutional majority, is declared passed. House Bill 5348. Senator Haine. Oh, I’m sorry. Senator Demuzio, for what purpose do you seek recognition?
76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Yes. Thank you, Mr. President. On that last bill, I would like to be recorded as an Aye vote. My -- my light didn’t light up again.
PRESIDING OFFICER: (SENATOR HENDON) The record…
It happens to be my bill. I would like to vote for it.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. House Bill 5376. Senator Harmon. Mr. Secretary, read the bill.
House Bill 5376. (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. House Bill 5376 is a very exciting bill. It will wake all of us this afternoon. It amends the Business Corporation Act to define fair value for fractional shares. This is to address a problem concerning how to pay for minority shareholders in closed corporations. There is a split among the appellate courts in Illinois as to whether fair value should include a discount for minority share or lack of marketability. This would define fair value as the -- the value without any such discount. It passed out of the Judiciary Committee unanimously. I am not aware of any opposition, and I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 5376 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 57 voting Aye, none voting Nay, none voting Present. House Bill 5376, having received the required constitutional majority, is declared passed. House Bill 5416. Senator Link. Mr. Secretary, read the bill.
77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 House Bill 5416. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. 5416 will ensure that the tax -- task force recommendations on the qualifications for individuals performing construction plans review and inspections are adopted by the Illinois State Board of Education and the task force efforts are established. It also establishes the mechanics so that local municipal and county inspectors who are qualified based on the task force recommendation may register with the Regional Superintendent of -- Office of Education and that that Office may utilize the -- them for school construction inspections. And that the counties -- that -- that this will allow county and municipal code enforcement officials the opportunity to share experience and knowledge with the Regional Superintendent of Schools.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Cronin.
Thank you, Mr. President. I rise in support of the bill. This bill, actually, I think will lead to more capable, experienced inspectors. For those of you who get questions from constituents about how or why buildings and school buildings are built the way they are, this is a way to answer them to show that we’re trying to make sure that they’re done safely, that they’re done in accordance with local code. And I commend the sponsor. Ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 5416 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 56 voting Aye, none voting Nay, none voting Present. House Bill 5416, having received the required constitutional majority, is declared passed. House Bill 5429. Senator John Jones. Mr. Secretary, read the bill. 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
House Bill 5429. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
Thank you, Mr. President. House Bill 5429 creates the mobile response workforce training pilot program through the Illinois Community College Board. It will set up three pilot programs at three different community colleges throughout the State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 5429 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. House Bill 5429, having received the required constitutional majority, is declared passed. House Bill 5524 is out of the record. Senator Raoul, for what purpose do you rise, sir?
A point -- point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
Up in the gallery I have some members from the AARP from my district. I have Betty Sapp, Judith Dunns, Willie Dunns, Dorothy Green and Harriet Elridge.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Illinois Senate? Welcome to the Senate. Senator Althoff, for what purpose do you seek recognition?
Point of -- point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Thank you, Mr. President. I inadvertently did not introduce the parents of these fine gentlemen that have spent the entire morning with me. Deb and Joe Geraci are up in the President’s gallery directly behind you. May we welcome them to Springfield?
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to Springfield? Welcome. Senator Crotty, for what purpose do you seek recognition?
I, too, for a point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Up in the gallery, in the back here, I also have residents from Matteson, Illinois, and I'd like to welcome them here, too.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests from Matteson, Illinois, please rise and be welcomed to the Senate? Welcome to the Illinois Senate. Senator Silverstein, for what purpose do you seek recognition, sir?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, sir.
I'd like the Senate to welcome my Page Raymond -- Jackson Richman and her {sic} mother, Leah Richman, is sitting in the President’s Gallery.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise, be welcomed to the Senate? Welcome. Senator Halvorson, for what purpose do you seek recognition?
Thank you, Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Up in the galleries on both side, we have today, and as you probably have seen in a lot of your offices, we have many people 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 here from MHOAI, the mobile home -- manufactured home parks. So, I want to personally welcome all of them here today. If they could rise and be welcomed to the Senate, I would appreciate it.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Senate? Welcome to the Illinois Senate. We will now go to the Order of Postponed Consideration. Page 20 on your Calendar. We have Senate Resolution 523. Senator del Valle, do you wish your resolution considered? Mr. Secretary, please read the resolution.
Senate Resolution 523. There are no committee or Floor amendments, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator del Valle.
Thank you, Mr. President. This resolution is on Postponed Consideration. And I’m asking for consideration today, as I think most Members, if not all, know that the U.S. Senate has begun to seriously take up the matter of -- of immigration reform, and a bill has made it out of the U.S. Senate Judiciary Committee. And this week we will be hearing quite a bit of debate regarding immigration reform. But this resolution addresses two issues: One that we certainly hope will be considered as Congress deliberates on immigration reform and that is the issue of family unity. This resolution urges Congress to make sure that whatever they end up deciding on, that it does take into account the need to keep families together, to keep children together with children in this country. And it also supports House Resolution 3856 which is a personal bill that was filed in Congress to support thirty-five families that have come to symbolize the -- the plight of families in Illinois who are attempting to -- to stay together. And there was a request made that the list of individuals who make up those thirty-five families be made available. I sent out a memo to all the Senators with the copy of the bill that includes the list of all those families. And so I hope that we are ready to support this resolution that merely says to Congress, please take action and take the right action. 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
PRESIDING OFFICER: (SENATOR HENDON) As this bill has already been -- Senator Roskam.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise just with a word of caution. I know that Senator del Valle gave information per our request, and I appreciate that very, very much about -- he’s handled this bill. There’s -- this is, kind of, one of those ones that really tugs at your heart. My concern is in being asked to vote Yes, basically to give the imprimatur to -- to some of these individuals who used false documents and actually broke the law in entering this country. Of all the -- of all the various scenarios and the various backgrounds that were described, I would prefer to pull out one particular family from this who strikes me really is in a medical emergency. And that is a young person who has been diagnosed with Leukemia and who is a U.S. citizen, but whose parents are not. And they want to stay here to be with that individual and attend to the treatment, and so forth. That makes all kinds of sense to me. The problem is that that particular case is being brought together with other cases that I just don’t really think it’s our purview to try and deal with this. A number of these people have been charged with the false use of documentation, false claims to citizenship, and -- and -- and so forth. So, I’m a reluctant No vote. I think that we can pare this down. But just a word of caution, we’re entering into, obviously, highly charged, highly emotional issues and just to be clear on what you’re voting on. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator del Valle, to close.
Thank you, Mr. President. As we talk about -- regularizing the status of -- of immigrants, in every case - just about every case - you’re going to run into this kind of situation. And that’s what we’re grappling with in Congress. And I think the end result is going to be that we’re going to do what I think President Bush wants us to do and what the McCain/Kennedy bill wants us to do, and that is to take individuals like these families and put them on a path to legalization, because they have not broken laws in this country. They’ve made a mistake in 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 terms of documents, but that is the case with almost every case that we’re grappling with when we talk about the twelve million immigrants who are in this country. And so, if you’re saying that because of the one document that was used, that automatically you’re going to disqualify every single individual, every single family, then that could apply to every one of the twelve million that we’re going to be dealing with as we move towards reforming immigration. And so what this bill does - and this bill came before the immigration reform bill was advanced in Congress - what this bill does is advance, as is always the case, through a personal bill filed by a Member of Congress, it asks Congress to consider the plight of thirty-five families. Congress is making that decision. We’re not making that decision. And so Congress has the final word on it. But this is a very common procedure that’s used through the personal bill process, because there is no other way to legalize the status of families right now, absent immigration reform. And so until that day comes - and I hope it will come soon - we have no choice but to pursue this type of process. And each one of these cases is a hardship case. We’re talking about hardship on kids, on children, on families. And so by casting a Yes vote in this resolution, basically what we’re saying is that we want Congress to take up this matter. That’s all we’re doing, and I ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) Those in favor of Senate Resolution 523 will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 38 voting Aye, 12 voting Nay, and 2 voting Present. The resolution, having received the required -- the resolution is adopted. Please turn to page 19 on your Calendar. On page 19 on -- of the Calendar is the Order of Secretary’s Desk, Resolutions. Senator Raoul, do you wish your resolution presented, sir? Mr. Secretary, please read the resolution. Senate Joint -- House Joint Resolution 80.
House Joint Resolution 80. There are no committee or Floor amendments reported, Mr. President. 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Joint Resolution 80 creates the Long-Term Prisoner Study Committee to study and examine issues related to prisoners sentenced to life without parole and prisoners sentenced to a term in excess of thirty years. I urge your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Raoul moves the adoption of House Joint Resolution 80. All those in favor will -- it is the opinion of the Chair that this resolution requires the expenditure of State funds and, therefore, a roll call must be taken. Those in favor of House Joint Resolution 80 will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House joint resolution, having received -- the resolution is adopted. House Joint Resolution 84. On page 19 -- on page 20. On page 19 of your Calendar is House Joint Resolution 84. Senator Risinger. Mr. Secretary, read the resolution.
House Joint Resolution No. 84. There are no committee or Floor amendments, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Thank you, Mr. President. What the resolution does, it urges the U.S. Congress to promote and protect agriculture in Illinois and throughout the United States by passing a comprehensive national Crop Disaster Program that includes -- direct disaster payments to producers; that includes disaster payments to Illinois producers who suffered a loss during the 2005 growing season because of the drought. We -- we think that that is the responsible thing to do, and we would like to urge Congress to pass that resolution.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Risinger moves the 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 adoption of House Joint Resolution 84. All those in favor will say Aye. Opposed will say Nay. The Ayes have it, and the resolution is adopted. House Joint Resolution 85. Senator Harmon. Mr. Secretary, read the resolution.
House Joint Resolution 85. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Joint Resolution 85 simply recognizes the fiftieth anniversary of the Village of Rosemont. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Harmon moves the adoption of House Joint Resolution 85. Those in favor will say Aye. Opposed will say Nay. The Ayes have it, and the resolution is adopted. House Joint Resolution 89. Senator Demuzio. Mr. Secretary, read the resolution.
House Joint Resolution No. 89. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes. Thank you, Mr. President. House Joint Resolution 89 recognizes the third Saturday of every September as Illinois River Day.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Demuzio moves the adoption of House Joint Resolution 89. All those in favor will say Aye. Opposed, say Nay. The Ayes have it. The resolution is adopted. House Joint Resolution 95. Senator Sullivan. Mr. Secretary, read the bill -- resolution.
House Joint Resolution No. 95. 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you -- thank you, Mr. President. I don’t suppose there’s probably a Legislator in this Body, at least downstate, that hasn’t received calls from their constituents in regard to a proposed rule by the Department of Revenue that would increase property -- real estate property taxes on some wooded tracts in the State of Illinois. That’s what drives House Joint Resolution 95. It creates a task force called the Wooded Land Assessment Task Force, which is charged with the task of gathering information and coming back to this Body in the -- in the -- by the end of this year, making recommendations to this General Assembly regarding policy concerning wooded land assessments. The fear here is that, obviously, that some landowners could be looking at a huge increase in the real estate taxes on wooded acres. But also the fear is that to avoid paying those taxes, that land would actually be cleared, and wildlife habitat would be destroyed, soil erosion would -- would increase. So that’s also being driven by this proposal, as well. And also I just want to finally say, but -- and if there’s any questions, be more than happy to answer them, but I want to say that this has really been a bipartisan effort - downstate, upstate, Democrat, Republican, House, Senate. We’ve all worked together on this proposal. I think we’ve come up with a solution that will help us to come up with a solution to this problem. I'll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Gaffney Coleman seeks leave to videotape. Is leave granted? Leave is granted. Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.
Thank you. Senator Sullivan, first of all, I want to -- to echo your comments; this truly has been a bipartisan effort and I 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 appreciate your efforts in this regard. As you know, when this issue really began to percolate here, there were a number of bills filed. They were different in -- in some ways, but they -- I think they were all consistent in they -- would have required by law a two-year assessment freeze. The difference -- one of the differences between the resolution and one of these bills if it were to move through the process and become law is that, under law, the Department of Revenue would -- simply would not have been able to go forward with the reassessments. The resolution doesn’t carry that effect. My concern is whether or not part of the way through the two-year freeze that the resolution calls for that there’s a change in policy, if you will, and the reassessments go forward. That really would -- while it would be violating the spirit of the General Assembly’s intent, it wouldn’t be violating the law. Can you comment on that, please?
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
I guess I’m not quite clear, Senator Righter, as to what you’re asking. Are you saying -- are -- is your concern that the Department of Revenue would make some changes or are you talking about this Body in -- in the -- in the form of legislation? Are you talking about the Department of Revenue? And you’re shaking your head yes. I think the -- the comment that the -- was given in the Senate, when the Department of Revenue and Director Hamer gave testimony during -- during the Senate Executive Appointment -- or hearing, the comment was made and I’ll -- I'd like to read that quote if I could. This is Mr. -- this is a quote from Director Hamer, “Assuming that the resolution passes, we will communicate to assessors” - talking about the county assessors - “throughout the State of the existence of the resolution and we will not take any action until the task force completes its work.”
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Yeah. Thank you, Senator, because, I mean, just to lay it out there, my concern is with the Department of Revenue and it’s a post-election concern. Okay? We’ve stopped taxes from going 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 up now; after the election, well, maybe that’s a less of a concern for some people. I -- I guess I take it from those comments, Senator, that you have a high degree of confidence that regardless of what happens in November, the Department of Revenue is going to maintain its policy of a two-year freeze, as set forth in that resolution.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.
Thank -- thank you, Mr. President, Members of the Senate. I rise in favor of this resolution. Especially rural areas, and I -- and I don’t really know how many Senators in the more populated areas have gotten a lot of calls on this, but this was -- this was something that was about to happen, I think that would have had an awful lot of negative effects. You know, the - - the price or at least the tax on timberland would have risen so much that I think you would have seen a lot of timberland cleared. This is not something that we really want to happen. You know, I -- I -- in -- in Springfield we try to do a lot of things and sometimes it -- it simply doesn’t work. I appreciate Senator Sullivan’s work on this. I think this is something that it -- it appears will work. It will give us two years, hopefully, and I -- and I -- and I hope that actually happens that we get the two years to study it. And, by the way, it will be a much more difficult -- much more difficult than people think. I think most people believe that woodland is woodland, but it -- there are so many different kinds of woodland that it will be difficult for that task force to really come up with something that’s reasonable and meaningful. You know, there -- there are all kinds of timberland; some that’s worth a lot, some not worth, some in the -- in wetlands, for instance. But hopefully -- it will be a very difficult, I think, job for -- for those -- for that task force to come up with something that really works. Hopefully they will do that, and -- and I think for now this is the best solution we’ve come up with. 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
Thank you, Mr. President. To the resolution: I rise in strong support of the resolution. I want to thank Senator Sullivan for his work on this. I -- I think this really came about in -- in probably his district and mine and -- and Senator Luechtefeld’s district back in August and September of last year when we started receiving phone calls about this -- this problem. And it is a very, very big problem. It’s not going to be something easy for the committee to solve, but the -- the committee’s going to come back with recommendations to the General Assembly. And then it will be our job to -- to craft a bill to -- to resolve this issue. And -- and, Senator Sullivan, I want to extend to you that -- that I will work with you wholeheartedly in this effort to -- to draft a -- an appropriate bill where we can solve this problem once and for all. And I -- I think the big thing is to -- not only for our property owners in the State of Illinois, but our tax assessors. You know, this is something they want done, because they don’t have the right direction out there right now. And I think this is something that we can do and I -- I appreciate the opportunity to work with you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan moves the adoption of House Joint Resolution 95. All those in favor -- it is the opinion of the Chair that this resolution requires the expenditure of State funds and, therefore, a roll call must be taken. Those in favor of House Joint Resolution 95 will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Joint Resolution 95 is adopted. Out of the record. Senate Joint Resolution 74. Senator Silverstein. Mr. Secretary, read the resolution.
Senate Joint Resolution No. 74. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Senator Silverstein.
…you, Mr. President. Senate Joint Resolution 74 condemns the recent statements of the President of Iran that denied the occurrence of the Holocaust. The President said -- the President of Iran said on December 14th, 2005, quote, “They invented a myth that Jews were massacred and place this above God, religion and prophets.” So I would just ask that a favorable roll call on this resolution condemning those remarks.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Silverstein moves the adoption of Senate Joint Resolution 74. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senate Joint Resolution 75. Senator Sandoval. Mr. Secretary, read the resolution.
Senate Joint Resolution No. 75. There…
PRESIDING OFFICER: (SENATOR HENDON) Out of the record. Senate Joint Resolution 77. Senator Sandoval. Senator Sandoval. Out of the record. Out of the record. Senate Joint Resolution 83. President Jones. Out of the record. Senate Joint Resolution -- Senate Resolution 514. Senator Wilhelmi. Mr. Secretary, read the resolution.
Senate Resolution 514. There are no committee amendments.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi, to explain your amendment.
Thank you, Mr. President. The amendment simply changes the date that the study is due under this resolution from March 31st to September 1st, 2006. And I can -- I'd be happy to explain the resolution as well when that’s called. 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Wilhelmi moves the adoption of Amendment No. 1 to Senate Resolution 514. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Senator Wilhelmi, to explain the resolution.
Thank you, Mr. President and Members of the Senate. Senate Resolution 514 establishes a community integrated living arrangement’s - CILA’s - nursing services reimbursement working group. It’s -- the -- the purpose of this -- of this group would, basically, to make sure we’re providing the proper level of nursing services in our CILAs. And it requires a report that will be due on September 1st, 2006. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Wilhelmi moves adoption of Senate Resolution 514. It is the opinion of the Chair that this resolution requires the expenditure of State funds and, therefore, a roll call must be taken. Those in favor of Senate Resolution 514 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 57 voting Aye, none voting Nay, none voting Present. The resolution is adopted. Senator Mattie Hunter, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. We have here with us visiting very, very special guests from Los Angeles, California. He is Mr. Jascha Washington. He’s a youth actor from Los Angeles, California. He’s visiting here with his mom and his -- father. Mr. Washington played in the hit movie Big Momma’s House, Last Holiday and Enemy of the State. And he’s here to announce that he has picked a fight with the number one enemy in the State, which is literacy. Mr. Washington is going around thirty state -- thirty cities in twenty-five 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 states, basically promoting literacy among young people. He’s here having a press conference with Secretary of State White and our Mayor here and -- and a number of other distinguished guests. So, let’s welcome him to the Senate and -- and -- and all of his family…
PRESIDING OFFICER: (SENATOR HENDON) Will the Senate please rise and welcome this young talented actor to the Illinois State Senate? Welcome to the Illinois Senate. Senator Cullerton, on Senate Resolution 515. Out of the record. Senator Sandoval, on 578. Mr. Secretary, read the resolution.
Senate Resolution 578. There are no committee amendments.
PRESIDING OFFICER: (SENATOR HENDON) Are there any Floor amendments approved for consideration? Mr. Secretary, will you correct the record about the resolution and the amendment?
Committee -- the Committee on State Government adopted Amendment No. 1, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Are there any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Sandoval.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval, to explain your amendment.
Thank you, Mr. President, Members of the Senate. I will explain the amendment when I get to the bill {sic} (resolution).
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval moves the adoption of Amendment No. 3 to Senate Resolution 578. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Senator Sandoval, to explain your resolution.
Thank you, Mr. -- thank you, Mr. President, Members of the Senate. Senate Resolution 578 is also cosponsored by my colleagues Senator del Valle, Senator Martinez and Senator Munoz. 92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Senate Resolution -- Senate Resolution 578 unanimously passed with full bipartisan support out of the State Government Committee just last week. This resolution urges Congress to implement The Secure America and Orderly Immigration Act of 2005. This resolution declares that in Illinois immigrants fill a key role in the economy, such as paying taxes, raising families, and contributing to schools, churches, neighborhoods and communities. The resolution also declares that the current immigration system contributes to long backlogs, labor abuses, countless deaths on the border, and vigilante violence, and that the current law is in dire need of reform to meet the challenges of the 21st century. Senate Resolution -- 578 urges Congress to support The Secure America and Orderly Immigration Act of 2005, which will allow every hardworking, law-abiding individual to achieve the American dream.
PRESIDING OFFICER: (SENATOR HENDON) Go ahead, Senator Sandoval.
Thank you, Mr. President. Senate resolution also urges Congress to support The Secure America and Orderly Immigration Act of 2005, proposed by McCain-Kennedy in a bipartisan spirit. The Secure America and Orderly Immigration Act of 2005 would also require the Secretary of Homeland Security to develop and implement a national strategy for border security and other specified border security programs. In addition, it would establish the essential Worker Visa Program for low-skilled workers, provide a mechanism for subsequent adjustment of status, and establish the essential Worker Visa Program Task Force. I am proud of the progress that we have made in Illinois to ensure that undocumented residents have the opportunity to become citizens of the State. This Act is another step to making the dream of becoming a citizen a reality. You know, how appropriate it is to pass this resolution, along with the resolution passed by my colleague, Senator del Valle, this afternoon, given the -- given the debate today in national Congress in the national Senate on working on a bipartisan bill, in a bipartisan way with support of President Bush and with support of men like Senator John McCain and -- and Senator Ed Kennedy in making sure that there is a pathway to citizenship for those who have contributed 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 to the economy and success of this country. I ask a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Lauzen.
Thank you, Mr. -- thank you, Mr. President. I certainly recognize that the common ground in the debate that we’re engaged in, both at the State and the national level, that the common ground is that legal immigration has been and is good for America and the State of Illinois. I think that it’s also true that respect for the law - and I -- I heard Senator Sandoval emphasizing law-abiding - and I think that that is part of the common ground in the debate. I think that part of the common ground also is the need for lawful progression toward citizenship, equal access and partnership in the American dream. It’s a good thing. I do request, because we are talking about this subject, that for the past three years I’ve had legislation that I have requested, that we begin the debate with facts and to begin the debate with truth, at least for the State of Illinois, by considering what the contributions of illegal immigrants is in Illinois, as well as the costs of illegal immigration in various areas. It is legislation that I’ve requested from the ruling majority for three long years now, and have been frustrated in that it has not been put out. I -- I have to say that I do complain, that in a State and in a country where we value freedom of speech, where we all participate in a General Assembly, where we bring our best ideas together, one of those ideas being a search for truth. I would just request, one more time, that we allow that to go out of Rules so that we can begin the study so that we address the debate, not only in the common ground that I think that we can agree on today, but also with truthful facts after research. Thank you very much, Mr. President, and thank you to the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval, to close.
Mr. -- thank you, Mr. President, Members of the Senate. In just my closing remarks, that there is certainly today a consensus in this country that we -- we must come together in a 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 very bipartisan way. We must follow the vision that President Bush has established in regards to trying to provide a pathship {sic} to citizenship to all those who -- who’ve contributed to the economy of this country. Corporate America as well as community groups and churches have come together to work on a bipartisan way so that those who have been part of the fabric of this country and part of the success of this country have a path to full citizenship. We have encountered many successes here in this great State of Illinois with the support of Leader Watson and with the support of the -- my Members on the other side of the aisle when it’s come to in-state tuition, when it comes to New Americans Initiative, when it’s come to defending the rights of those who are most marginalized. We have come together in Illinois to go -- to take America in a different direction, to take -- to take and respect and to give dignity to those who have been to -- been part of the successes of this great State of Illinois. I ask Members on both sides of the aisle to send a message to Congress in support of the McCain-Kennedy bill that is being debated today.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval moves the adoption of Senate Resolution 578. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 631. Senator Martinez. Out of the record. Senate Resolution 660. Madam Geo-Karis. Mr. Secretary, read the resolution.
Senate Resolution 660. There are no committee or Floor amendments, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, what Senate Resolution 660 does it -- it’s -- it corrects and vacates the former resolution -- and -- and -- we’re -- we’re -- we’re vacating the - wait just a second - the Resolution 63 that was passed before. Making a -- we make -- made a correction in it.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Geo-Karis moves adoption of Senate Resolution 660. All those in favor will 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 662. Mr. Secretary, read the resolution.
Senate Resolution 662. There are no committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. As a person who represents the City of Waukegan proudly, we are asking that -- we are urging the Members to -- for the Citizens’ Stamp Advisory Committee and the Postmaster General to issue a first-class postage stamp bearing the likeness of Jack Benny in his honor of his legacy. Since we’re having a thirty-nine-cent stamp, it would only be appropriate that this stamp be in honor of Jack Benny.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Brady. Careful, Senator Brady. Senator Brady.
I’ll take my lead from you, Mr. President. You know, I -- I don’t know much about Jack Benny, he’s a little older than I am, much closer to your age, Senator Link. But given what I do know, wouldn’t he prefer a third-class stamp?
PRESIDING OFFICER: (SENATOR HENDON) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, Jack Benny lived in Lake County, Illinois. And I certainly urge the passage of this resolution. He was a great distinguished comedian who gave a lot of laughs, lot of pleasure to people.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link moves the adoption of Senate Resolution 662. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senator Link in the President’s Chair.
PRESIDING OFFICER: (SENATOR LINK) Members, we’re -- we will be going to page 16, House Bills 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 2nd Reading. And we would appreciate it if you’re going to move ‘em, to move ‘em. House Bill 2067. Senator Raoul. Mr. Secretary, please read the bill.
House Bill 2067. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted 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. House Bill 4193. Senator del Valle. Out of the record. Senate Bill -- or House Bill 4195. Senator del Valle. Out of the record. House Bill 4204. Senator Axley. Out of the record. House Bill 4339. Senator Lightford. Out of the record. House Bill 4362. Senator Clayborne. Mr. Secretary, please read the bill.
House Bill 4362. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House Bill 4406. Senator Collins. Out of the record. House Bill 4461. Senator Harmon. Out of the record. House Bill 4527. Senator Clayborne. Out of the record. House Bill 4715. Senator Raoul. Mr. Secretary, please read the bill.
House Bill 4715. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR LINK) Have there been any other Floor amendments approved for consideration?
97 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House Bill 4752. Senator Garrett. Out of the record. House Bill 4788. Senator Lightford. Out of the record. House Bill 4789. Senator Harmon. Out of the record. House Bill 4974. Senator Lightford. Out of the record. House Bill 4987. Senator Bomke. Out of the record. House Bill 5216. Senator Axley. Out of the record. House Bill 5370. Senator Lightford. Out of the record. With leave of the Body, we’ll go back to -- House Bill 5302. House Bill -- 5382. House Bill 5506. Senator Sullivan. That one’s been moved. Sorry. House Bill 5550. Senator Lightford. Out of the record. House Bill 5555. Senator Clayborne. Out of the record. Senator Halvorson, for what purpose do you rise?
Thank you, Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
In the President’s gallery, we have a group of people that you think might be blinding you with their little red flashing lights, but it’s a group here for their lobby day. It’s the Southland Chamber of Commerce, along with other businesses, Kankakee, mayors, everybody. I would like for everybody to welcome them.
PRESIDING OFFICER: (SENATOR LINK) Will our friends in the gallery please rise? And we’ll give ‘em a Springfield welcome. We’re going to be going to page 8, top of the page for -- top of the order for House Bills 3rd Reading. House Bill 448. Senator Emil Jones. Out of the record. House Bill 874. Senator DeLeo. Out of the record. House Bill 1261. Senator Emil Jones. Out of the record. House Bill 1299. Senator Martinez. Out of the record. House Bill 1463. Leader Watson. Out of the record. House Bill 1604. Senator Emil Jones. Out of the record. House Bill 2012. Senator del Valle. Out of the record. House Bill 2469. Senator Martinez. Out of the record. House Bill 2708. President Jones. Out of the record. House Bill 3126. Senator Cullerton. Out of 98 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 the record. House Bill 4125. Senator Garrett. Out of the record. House Bill 4173. Senator Harmon. Out of the record. House Bill 4186. Senator Cullerton. Out of the record. House Bill 4202. President Jones. Out of the record. House Bill 4222. Senator Haine. Senator Haine. Out of the record. House Bill 4238. Senator Harmon. Senator Harmon. Out of the record. House Bill 4298. Senator Jacobs. Out of the record. House Bill 4300. Senator Risinger. Out of the record. House Bill 4342. Senator Martinez. Out of the record. House Bill 4357. Senator Cullerton. Out of the record. House Bill 4383. Senator Dillard. Out of the record. House Bill 4438. Senator Harmon. Out of the record. House Bill 4442. President Jones. Out of the record. House Bill 4449. Senator Haine. Out of the record. House Bill 4453. President Jones. Out of the record. House Bill 4561. Senator Munoz. Out of the record. House Bill 4666. President Jones. Out of the record. House Bill 4676. Senator Hunter. Out of the record. House Bill 4719. Senator Munoz. Out of the record. With leave of the Body, we’ll go back to House Bill 4746. House Bill 4835. Senator Cullerton. With leave -- excuse us, we’ll go back. House Bill 4768. Senator Cullerton. Mr. Secretary, please read the bill.
House Bill 4768. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton, to explain your bill.
Yes. Thank you, Mr. President, Members of the Senate. This is a very significant bill, which we had debated earlier. We had a couple of questions and Senator Radogno asked me to take the bill out of the record so we can answer the questions, and I also have an answer for Senator Roskam. The way the driving permit -- first of all to refresh your memory, the bill requires that there’ll be fifty hours spent driving time with a parent or legal guardian, rather than the twenty-five that we now have. And the way the -- the question was about the permit. The way it works now is that if you get a permit, it has to be a minimum of three months. We want to make sure that someone doesn’t get a permit 99 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 right before their sixteenth birthday and then try to pack in twenty-five, and now fifty hours of driving. So if you apply for a permit, you have to have it for at least three months, but the permit itself lasts for two years. So you have two years to get the fifty hours of time in before the parent then would give permission for the minor under the age of eighteen to get a driver’s license. And the question that Senator Radogno asked, I hope -- I hope that answers it. Senator Roskam indicated that what happens in terms of the effective date of this law. When the Governor signs the law, it would become the law, anyone after that time who submits a permission for a minor to get a driver’s license has to certify, not with an affidavit, just a certification that they’ve spent fifty hours of driving time with that child, ten of which were at night. So it depends on when the Governor signs the bill, and of course we debated this and would certainly urge everybody who’s aware of this bill to spend as much time as they possibly can - whether it be the law or not - driving with their -- their child. So I hope that answers the questions that were posed. I believe it’s a very significant piece of legislation. We had a lot of debate and a lot of support. No opposition that I know of. And I -- I just want to remind people that as elected officials many of us are called upon to go to funerals of our constituents. And there -- to me there is nothing, nothing more sad than to see a teenager who was killed by a -- in a car crash, whether it because they were hit by some drunk, whether they weren’t wearing their seatbelt, or whether or not they -- they were joyriding as we sometimes see. To get more experience in the car with a parent before they get their license is one of the best things we can do to cut down on these senseless tragedies. Again, be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Radogno.
Thank you, Mr. President. I just want to thank the sponsor for being willing to postpone the vote on this until our questions were answered. And mine certainly have been, so I would urge everyone to vote Yes.
PRESIDING OFFICER: (SENATOR LINK) 100 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Seeing no other question, Senator Cullerton -- the question -- the question is, shall House Bill 4768 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 1 Nay, none voting Present. House Bill 4768, having received the required constitutional majority, is declared passed. House Bill 4835. Senator Cullerton. Out of the record. House Bill 4853. Senator Ronen. Out of the record. House Bill 4960. Senator Righter. Out of the record. House Bill 4971. Senator Wilhelmi. Out of the record. House Bill 4977. Senator Harmon. Out of the record. House Bill 5220. Senator Munoz. Out of the record. House Bill 5249. Senator Dillard. Out of the record. With leave of the Body, we’ll go back to House Bill 5274. House Bill 5284. Senator Harmon. Out of the record. House Bill 5299. Senator Cullerton. Out of the record. House Bill 5331. Senator Righter. Mr. Secretary, please read the bill.
House Bill 5331. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter, to explain your bill.
Thank -- thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill 5331 simply extends the sunset for five more years on the bill that we passed -- law that we enacted, I believe, two or three years ago that allow retired teachers to come back and teach in our school districts for up to one hundred and twenty days or six hundred hours without suffering a penalty in their pension annuity. Specifically, this -- this provision in the law is set to expire on June 30th of this year. This bill would move that sunset date back to June 30th, 2011. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 5331 pass. Those in favor will vote Aye. Those opposed, vote Nay. The -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 101 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 5331, having received the required constitutional majority, is declared passed. House Bill 5336. Senator Roskam. Out of the record. House Bill 5337. Senator Cullerton. Out of the record. House Bill 5339. Senator Schoenberg. Mr. Secretary, please read the bill.
House Bill 5339. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Schoenberg, to explain.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5339 is an initiative of the Illinois State Medical Society and it clarifies current law with respect to the prohibition on mandating or requiring a substitution of primary - - participating primary care physicians during inpatient hospitalization. It also clarifies that the prohibition also applies where there’s hospitalization with a hospitalist physician licensed to practice medicine in all its branches. Hospitalists are physicians who are salaried employees of hospitals and work from nine to five. There’s no known opposition to this bill, and I urge your favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Thank you, Mr. President. To the bill, briefly: This bill did pass out of the Health and Human Services Committee unanimously, and I urge its passage. Thank you.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 5339 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 5339, having received the required constitutional majority, is declared passed. House Bill 5342. Senator Trotter. Out of the record. House Bill 5524. Senator Hendon. Out of the record. House Bill 5348. Senator 102 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day 3/28/2006 Haine. Out of the record. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m., on Wednesday, March 29th, 2006. The Senate stands adjourned. 103