PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 94th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Reverend Jonathan Dixon of the United Methodist Church in Riverton. Reverend.
(Prayer by the Reverend Jonathan Dixon)
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Please remain standing for the Pledge of Allegiance. Senator Maloney, to please lead us in the Pledge of Allegiance.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR DeLEO) Mr. Secretary, Reading and Approval of the Journal, please.
Senate Journals of Thursday, March 23rd, and Friday, March 24th, 2006.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter. Good morning.
Good morning, Mr. President. I move that the Journals just read by the Secretary be approved, unless some Senators has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter moves to approve the Journals just read by the Secretary. Seeing no objection, so ordered. Senator Hunter.
Mr. -- Mr. President, I also move to postpone the reading and approval of the Journal of Tuesday, April 4th, 2006, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter once again moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objections, so ordered. Mr. Secretary, Introduction of Bills.
Senate Bill 3181, offered by Senator Shadid. 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Mr. Secretary, Resolutions, please.
Senate Resolution 708, offered by Senator Emil Jones and all Members. Senate Resolution 709, offered by Senator Shadid and all Members. And Senate Resolution 710, offered by Senator Haine and all Members. They are death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Mr. Secretary. Resolutions Consent Calendar. Messages from the House, please.
A Message from the House by Mr. Mahoney, Clerk. Dear Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 702. (Secretary reads title of bill) Along with House Amendment No. 1 to Senate Bill 702. We’ve received like Messages on Senate Bill 1705, with House Amendments 1 and 3; Senate Bill 2159, with House Amendment 1; Senate Bill 2272, with House Amendment 1; Senate Bill 2290, with House Amendment 1; Senate Bill 2391, with House Amendment 1; Senate Bill 2469, with House Amendments 1 and 2; Senate Bill 2680, with House Amendments 1 and 2; Senate Bill 2798, with House Amendment 1; Senate Bill 2898, with House Amendment 1; Senate Bill 2931, with House Amendment 1; and Senate Bill 2962, with House Amendment 1, which passed the House, as amended, April 4th, 2006. A Message from the House by Mr. Mahoney, Clerk. Dear Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 4604. 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Passed the House, April 4th, 2006.
PRESIDING OFFICER: (SENATOR DeLEO) House Bills 1st Readings, please.
House Bill 4604, offered by Senator Harmon. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Good morning. Senator Geo-Karis, for what purpose are you seeking recognition, ma’am?
A point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.
In the gallery behind you are people here from Lake County. One is Kristen - K-R-I-S-T-E-N - Matter - M-A-T-T-E-R, from Round Lake Beach, my constituent. The other one is Gibbie - G-I-B-B-Y -- G-I-B-B-I-E - Buchholtz - B-U-C-H-H-O-L-D and -- T-Z, rather. And -- James Creighton - C-R-E-I-G-H-T-O-N - Mitchell, James Creighton Mitchell, from Lindenhurst, Illinois. And from Senator Peterson’s district is Sally Scheifinger - S-C-H-E-I-F-I-N-G-E-R - from Lake Zurich and Bruce Hansen from Lake Zurich. So, I would like you all to welcome them here.
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests from the north and northwest suburbs of Chicago please rise and be recognized? Welcome to the Illinois State Senate. Welcome to Springfield. Senator Geo-Karis, are you seeking recognition, ma’am?
Yes, I am. I understand that St. Bede’s School is here. Are the students up there in that gallery from St. Bede’s?
PRESIDING OFFICER: (SENATOR DeLEO) Apparently not.
I expect them pretty soon. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) May I have your attention please, for the purposes of an announcement? Would all Members of the Rules Committee please 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 report to the President’s Anteroom immediately? All Members of the Rules Committee, please report to the President’s Anteroom? We’ll have a meeting of the Rules Committee immediately. Thank you. Senator Althoff, for what purpose are you seeking recognition, ma’am?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.
Thank you, Mr. President. I have in the gallery on the Democratic side members of the Alden-Hebron High School with their teacher, Mrs. Kim Qualls, who is a product of McHenry, and they are here today to see how government works. And I thought maybe we could give them a round of applause and welcome them to Springfield.
PRESIDING OFFICER: (SENATOR DeLEO) Will our guests from Hebron please rise and be recognized? Welcome to the Illinois State Senate and welcome to Springfield. Senator Haine, good morning, sir.
Good morning, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) What purposes are you seeking recognition, sir?
On a point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Mr. President and Ladies and Gentlemen of the Senate, Senator Clayborne and I have, as guests on the Floor, the Superintendent of the Edwardsville Community Unit School District, Mr. Edward Hightower, and members of his teaching staff and administrative staff. I’d like to note especially that Mr. Hightower is a well-known and accomplished and very highly esteemed NCAA referee. And he is knowledgeable about the sport of basketball far and away above anyone in this Chamber, with the exception of Senator Clayborne. And -- and I would like to have -- and this is one of the premier school districts in this great 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 State. And I would -- I’d ask the Members of the Senate join me and Senator Clayborne in welcoming the Edwardsville School District officers and teachers and superintendent to this Chamber.
PRESIDING OFFICER: (SENATOR DeLEO) Welcome to the Illinois State Senate. Welcome. Senator Jones, John Jones, for what purpose are you seeking recognition, sir?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
As we all know, today is the Illinois Electric and Telephone Cooperative Youth Day. And up in the gallery, right above you, I have three people here from the Clay County Electric Cooperative: Doug Hockman, Julie Winding and Zack Bailey.
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests please rise and be recognized by the Illinois State Senate? Welcome to Springfield. Senator Schoenberg, good morning, sir. For what purpose are you seeking recognition?
Thank you, Mr. President. I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
I’m honored today to have as our guest here at the State Capitol, Maddie Stupinski. Maddie is a fifth grader at the Roosevelt Middle School in River Forest, which is in Senator Harmon’s district. Maddie’s going to be my Page for today. She’s a wonderfully talented young woman who -- whose interests span from softball to Irish dancing to soccer and today she’s here to learn about how her government works. So please give her a warm welcome and her father, Eric, is in the gallery behind the Senate Democratic side of the aisle. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests in the galleries please rise and be 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 recognized? And welcome to Springfield. Senator Demuzio, for what purpose are you seeking recognition, ma’am?
Yes. Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.
Today with us in the gallery, I have two constituents from my district who are enjoying their first trip to the Illinois Senate. They have long been interested in watching the legislative process and they’re here today on their first trip and I’d like to give a warm welcome to Ivan and Ida Mae Miller from Nokomis, Illinois, to the Illinois Senate.
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests please be -- rise and be recognized? Please rise and be recognized. Welcome to the Illinois State Senate. Welcome to Springfield. Senator Jacobs, good morning, sir.
Good morning, Mr. Chairman. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
I would just like to personally apologize to everyone in this Body for the -- for the pathetic performance that the Senate put on yesterday on the baseball field. And I want my friends in the House to know that next year we will be back.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Mr. Secretary, Committee Reports, please.
Senator Viverito, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to the Education Committee - Motion to Concur with House Amendment 1 to Senate Bill 2235, Motion to Concur with House Amendment 1 to Senate Bill 2336, Floor Amendment 2 to Senate Bill -- Floor Amendment 2 to Senate Bill 858 and Floor Amendment 1 to Senate Joint Resolution 82; refer to the Environment and Energy Committee - Motion to Concur with House Amendment 1 and 3 to 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Senate Bill 1705, and Floor Amendment 2 and 3 to Senate Bill 929; refer to the Executive Committee - Motion to Concur with House Amendment 1 to Senate Bill 2302, Floor Amendment 2 to House Bill 5524 and Floor Amendment 5 to Senate Bill 2983; refer to the Financial Institutions Committee - Motion to Concur with House Amendments 1 and 2 to Senate Bill 385 and the Motion to Concur with House Amendment 1 to Senate Bill 2569; refer to the Health and Human Services Committee - Motion to Concur with House Amendment 1 to Senate Bill 951, Motion to Concur with House Amendment 1 to Senate Bill 2195, Motion to Concur with House Amendment 1 to Senate Bill 2254, Motion to Concur with House Amendment 1 to Senate Bill 3010; refer to the Higher Education Committee - Floor Amendment 1 to House Bill 4339; refer to the Housing and Community Affairs Committee - Motion to Concur with House Amendment 1 to Senate Bill 2290; refer to the Judiciary Committee - House -- rather, a Motion to Concur with House Amendment 1, 2 and 3 to Senate Bill 2137, a Motion to Concur with House Amendment 1 to Senate Bill 2272, Motion to Concur with House Amendment 1 to Senate Bill 2391, a Motion to Concur with House Amendments 1 and 2 to Senate Bill 2680, Motion to Concur with House Amendment 1 to Senate Bill 2837 {sic} (2873), Motion to Concur with House Amendment 1 to Senate Bill 2962, and Floor Amendment 3 to House Bill 4357, Floor Amendment 2 to House Bill 4715, Floor Amendment 2 to Senate Bill 1144 and Floor Amendment 2 to Senate Bill 1145; refer to the Licensed Activities Committees -- Committee - Motion to Concur with House Amendment 1 to Senate Bill 2732; refer to the Local Government Committee - Motion to Concur with House Amendment 1 to Senate Bill 2360, Motion to Concur with House Amendment 1 to Senate Bill 2631, Motion to Concur with House Amendment 1 to Senate Bill 2798, Motion to Concur with House Amendment 1 to Senate Bill 2986, Motion to Concur with House Amendments 1, 2 and 3 to Senate Bill 3046; refer to the Revenue Committee - a Motion to Concur with House Amendment 1 to Senate Bill 702, and Floor Amendment 2 to Senate Bill 711; refer to the State Government Committee - a Motion to Concur with House Amendment 1 to Senate Bill 2159, Motion to Concur with House Amendment 1 to Senate Bill 2356 and a Motion to Concur with House Amendment 1 to Senate Bill 2456, Motion to Concur with House Amendment 1 to Senate Bill 2931, Committee 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Amendment No. 1 to Senate Resolution 692, Committee Amendment No. 1 to Senate Resolution 700, Committee Amendment No. 1 to Senate Joint Resolution 87, Committee Amendment 1 to Senate Joint Resolution 88, Committee Amendment No. 1 to House Joint Resolution 24, Senate Resolution 664, Senate Resolution 701 and Senate Resolution 707; refer to the Transportation Committee - a Motion to Concur with House Amendment 2 to Senate Bill 509, a Motion to Concur with House Amendment 1 and 2 to Senate Bill 2650, Motion to Concur with House Amendment 1 to Senate Bill 2865 and a Motion to Concur with House Amendment 1 to Senate Bill 2878; and Be Approved for Consideration - Senate Bills 585, 627, 895, 931 and 1216. Signed by Senator Viverito.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator del Valle, for what purpose you seeking recognition, sir?
For purposes of an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement.
The Education Committee will meet at 11:30 in Room 212.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Senator Crotty, for what purpose you seeking recognition, ma’am?
On a point of information.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you.
The Local Government will be meeting at 11:30 today, in the Stratton Building, A-1.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Shadid, for what purpose you speak -- seek recognition?
For an announcement, Mr. Chairman.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcements. 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006
Transportation Committee will meet in Room 400 at noon, 12 noon, 400.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Clayborne, for what purpose you seek recognition?
For point of an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) State your announcement.
Environment and Energy will meet today at 12:30 in Room 212.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Maloney.
Thank you, Mr. President. I’d like to announce that the Higher Education Committee will meet in Room 400 at 2 o’clock today.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Jacqui Collins.
Thank you, Mr. President. Point -- point of announcement. Financial Institutions will meet today at 2:30 in Room 400.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Garrett.
Thank you, Mr. President. For purpose of announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement. Good morning.
Thank you. State Government will meet today at 1 o’clock, A-1 in the Stratton Building.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Demuzio, for what purpose you seek recognition, ma’am?
Point of an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement. 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006
Licensed Activities will meet today in the Stratton Building, at 1:30, in A-1.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Harmon, what purpose you seek recognition, sir?
To make two announcements, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Two announcements.
First, the Senate Judiciary Committee will meet at 12 noon in Room 212. And second, the Senate Revenue Committee will meet today at 1 p.m. in Room 400.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator Ronen, for what purpose you seek recognition, ma’am? And a very good morning to you.
A very good morning to you, sir. For an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement.
The Health and Human Services Committee will meet at 12:30 today in Room 400.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Silverstein.
Purpose of announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Very happy Passover to you, sir. Okay. So…
You’re a week early, but we’ll accept the greetings.
PRESIDING OFFICER: (SENATOR DeLEO) I take ‘em back.
Just to announce the Executive Committee will meet at 1 o’clock today.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator Martinez, good morning. 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006
Good morning, sir.
PRESIDING OFFICER: (SENATOR DeLEO) Pleasure to see you.
Pleasure always.
PRESIDING OFFICER: (SENATOR DeLEO) For what purpose do you seek recognition?
Purpose of an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement.
The Housing and Community Affairs Committee will meet today at 12 noon at -- in Room A-1, Stratton Building.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator John Sullivan, for what purpose you seek recognition, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Ladies and Gentlemen, I have a young man with me today, Randy Knuppel. Stand up, Randy, if you would, please. Come over close, it might get you on the camera up there. He is from Manito, Illinois, over in Mason County. He’s a junior at Midwest Central High School and he’s going to be shadowing me for the day and -- and you might recognize that Knuppel name. He is a distant relation to former Senator John Knuppel, who served in this Chamber several years ago. So, I’d like everybody to welcome Randy to the Chamber today.
PRESIDING OFFICER: (SENATOR DeLEO) Randy, welcome to the Illinois State Senate. Senator Geo- Karis, for what purpose you seeking recognition, ma’am?
A point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point. 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006
Last night, the Senate played the House baseball and the most disastrous results came to the Senate. I think we lost by forty-five to six or eight. But anyway, the most valuable player was none other than Senator Maloney. He caught the balls while Dillard dropped his balls and a few others dropped them, too. But I just want you to know, Rickey Hendon, I was just told by the President of the Senate that he’s going to remove you as Chairman of Executive Appointments unless you figure out something else. But anyway, I just want you to know that it was fun. I enjoyed it and every -- we had a big crowd and -- President Emil Jones got a hit and Cullerton had to race for him and Cullerton did a good job. So, Ladies and Gentlemen, let’s give a good hand to our baseball players and next year we’ll do better. God bless all of you.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon, for what purpose are you seeking recognition, sir?
Well, Mr. President, I’m putting a resolution in calling for an investigation of the House. We believe they’re on steroids, especially that Susana Mendoza. We know she’s on steroids or something, because with the help of the cheating umpires, and they did cheat, Mr. President, they cheated a lot yesterday. But I want everybody to know I’m really proud of the team. You played hard. Adeline did all she could to encourage us, but I -- I guess some of us has just gotten a little -- little up there in age. But there were some highlights on the Senate side and doggone it we’re going to point those out. President Jones got a hit for the fifth game in a row. Now Cullerton had to run for him, but that’s another point. And even Frank Watson, the Minority Leader, got a hit in the game and made a heck of a catch. The -- the most valuable player, Ed Maloney. Give him a big hand. Now, if Reverend Meeks would have paid more attention to the game, as much attention to the game as he is as running for Governor, if he’d have just came -- showed up and just put a prayer in for us, ‘cause we needed the good Lord yesterday. With people like Debbie Halvorson. John Cullerton ran sixteen times for people. Mike Jacobs - I don’t know what he was on -- what - 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 he was smoking a cigar - but I don’t know -- he was at short center, I don’t know what he was on. But Forby pitched very good. Where’s Forby? Forby’s not around? He’s still in bed recovering. George Shadid, we still didn’t get our hats. But I want to say, Adeline, you deserved better your last game. Next year, we’re going to beat those House chickens. We’re going to bring an umpire from the southwest side, from Jimmy DeLeo’s district, who’s on the take and we’re going to pay that umpire and make sure we get all the calls. We’re going to beat ‘em next year. Just wait till next year.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, for those soft, kind remarks. Majority Leader Halvorson, are you seeking recognition, ma’am?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, ma’am.
Well, Senator Hendon, with all due respect, I know I was the catcher in the game. Every other temper tantrum you had, the umpire said, “Is he always like that?” I said, “Yes, but we’re all used to it, now it’s your turn.” So, you know what, the spirit -- I told him it was your spirit, Senator, that kept us all going, and next year, just wait -- like the Cubs, wait till next year.
PRESIDING OFFICER: (SENATOR DeLEO) Mr. Secretary, Committee Reports, please.
Senator Viverito, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to the Executive Committee - Floor Amendment No. 1 to Senate Bill 585; refer to the Financial Institutions Committee - Floor Amendment 1 to Senate Bill 895; refer to the Health and Human Services Committee - Floor Amendment 1 to Senate Bill 627; refer to the Judiciary Committee - Floor Amendment 1 to Senate Bill 1216; and refer to the Licensed Activities Committee - Floor Amendment 1 to Senate Bill 931. Signed by Senator Viverito.
PRESIDING OFFICER: (SENATOR DeLEO) 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Thank you. Ladies and Gentlemen, if I could have your attention for just a second. We have some very special guests here from St. Rose, Illinois. At this time, I’d like to bring up Leader Watson and Senator Jones in the Chair. Senator Watson.
Yes. Thank -- thank you very much, Mr. President. It is an honor today to have the St. Rose Wildcats with us. As they’re making their way out here, I want to acknowledge the fact that St. Rose is in Clinton County and Dave Luechtefeld -- Senator Luechtefeld, myself, Senator John Jones represent Clinton County and represent the -- the school that these girls go to. And ultimately to Central High School in Breese and also to Mater Dei High School located in Breese. So, basketball has been a high tradition, a great tradition in Clinton County. Certainly those of you who follow girls basketball know of the Mater Dei Knights and the -- the Central Cougars - the Central High School Cougars. They’ve done very well. So, this is where the farm system is. This -- this is -- this is kind of the farm team. And we have with us the St. Rose Wildcats. They won the State Eighth Grade Championship - small school. This is the second year in a row that they’ve won this - quite an accomplishment. They were twenty and seven this year and we have -- unfortunately the coach is not with us and the superintendent of schools is not with us, but the -- his daughter is. The daughter of the coach, Craig Becker, his daughter, Alexa, is here and I would like for her to introduce the girls and maybe tell you a little bit about the season that they’ve had. Alexa.
(Remarks and Introductions by Alexa Becker)
Wow, that -- I’ll tell you -- I’ll probably be long gone by the time she’s eligible to vote and maybe that’s going to be a good thing. She’s got a future. Very good. That was very good. Your dad would be very proud of you. I want to -- this young lady is on crutches, but she -- she hurt herself -- yeah, she could have been in the Senate softball game last night. We probably could have used her. But she hurt herself playing softball, not basketball. But -- so they take their sports very seriously in Clinton County and St. Rose. We’re happy that 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 they’re here to be with us today and certainly honor them in representing the small school champions here in the State of Illinois. So, St. Rose Wildcats, we’re proud of you and glad to have you here. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen of the Senate. Ladies and Gentlemen of the Senate, for purposes of an announcement. As you just heard, the committee announcements and the -- the time and places have just been announced on the Senate Floor. We will -- we will - let me repeat - we will be coming back to the Senate Floor approximately around 3 o’clock this afternoon for Floor action. There’ll be final action. There’ll be Senate Bills 3rd Reading, final action, approximately around the hour of 3 o’clock this afternoon after all the committees have met. So, let us remind us that we will be coming back to the Floor at 3 o’clock. Senator Geo-Karis, are you seeking recognition, ma’am?
I understand -- thank you. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, ma’am.
St. Bede’s School eighth graders are with us today visiting Springfield to find out how their State government system works. We think it would be wonderful and an honor to our students to have them recognized. They should be in the gallery on the left of me.
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests please rise and be recognized? Welcome to the Illinois State Senate. Senator Geo-Karis.
They’re here from Ingleside, Illinois, which is part of Senator Peterson’s district and part of my district, and they’re visiting the Capitol with Mrs. Jackie Hebein - H-E-B-E-I-N, their tour moderator, and with some of the parents. Sharon Broman being one of the eighth-grade parents -- eighth-grade -- eighth- grade students’ parents. And we’re very happy to have ‘em here. The Roadming Gang, they call it. They’re all here today.
PRESIDING OFFICER: (SENATOR DeLEO) Once again, welcome to Springfield. Senator Bomke, for what 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 purpose you seek recognition, sir?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Standing beside me is Special Agent Tom Gossett with the U.S. Army. He just did a tour in Afghanistan for ten months. He just got back and will you help me welcome him here to Springfield and back to the United States of America?
PRESIDING OFFICER: (SENATOR DeLEO) Welcome to Springfield and welcome home. Mr. Secretary, I understand you have a proclamation, sir. Could you please read it into the record? Ladies and Gentlemen, all Members, please take their seats. Staff retire to the rear of the Chambers. Mr. Secretary, Proclamation, sir.
Proclamation presented by State Senator Tony Munoz to Sergeant Brian Duffy. Presented this 5th day of April, 2006. (Secretary reads proclamation)
PRESIDING OFFICER: (SENATOR DeLEO) President Jones, you seeking recognition, sir?
Yeah. Thank you, Mr. President. I appreciate you affording this opportunity to have this proclamation read for our wonderful servicemen and women who serve and protect this great nation. And I’ve known the Duffy’s for a long, long time. I’ve had -- I knew his grandfather and his father and now the grandson is here, back home from Afghanistan safe and sound. So, Senator Tony Munoz and myself wanted to have this proclamation read in recognition of his great accomplishment and recognition of his -- his service to this great nation in the armed forces and the people of -- of this great State of Illinois.
PRESIDING OFFICER: (SENATOR DeLEO) Senator -- Senator Munoz.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. It’s a great honor for me today to have Sergeant Duffy 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 here along with his mom, Mary Carol, his dad, Brian Duffy, as our President stated, and to Sergeant Duffy for a job well done serving his country. Ladies and Gentlemen, as we all know, whether it was right for us to go there or not, this gentleman and so many others have gone out there risking their life. I just wanted to say thank you for a job well done. Congratulations.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Congratulations, Sergeant, and welcome home. Senator Geo-Karis, what purpose you seeking recognition, ma’am?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, ma’am.
I believe that -- is that St. Bede’s School from Ingleside?
PRESIDING OFFICER: (SENATOR DeLEO) No.
Okay. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) For the purposes of an introduction - we have some special guests from Bolingbrook, Illinois - Senator AJ Wilhelmi in the Chair.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, today is a great day for Illinois for a lot of reasons, but one of those reasons is because we have with us today the Bolingbrook High School Raiders girls basketball team, which is the best team -- girls basketball team in the State of Illinois. They were successful in beating Althoff Catholic High School forty-five to thirty-four at Redbird Arena in Normal for the girls championship. They’re joined with us today by the Assistant Principal of Bolingbrook High School, Dennis Renner, and also the coaches. The Head Coach is Anthony Smith, and Assistant Coach, Carter Larry. When you’re the best in the State, that‘s -- that’s quite an -- an achievement and we know in the Senate it’s hard to win sometimes, but this girls basketball team knows all about winning and they are the best in the State 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 of Illinois. It’s the first championship for Bolingbrook High School. Please help me welcome them to the Illinois Senate. At this time I’d like to introduce the Head Coach of this great team, Mr. Anthony Smith, who will introduce his players. Coach Smith.
(Remarks and Introductions by Coach Anthony Smith)
Thank you, Coach. Again, let us give a round of applause to the Girls Class AA State Champions from Bolingbrook High School. Let’s -- let’s give them a round of applause. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson, for what purpose you seeking recognition, sir?
Thank you, Mr. President. It’s come to my attention that yesterday, inadvertently on Senate Bill 1088, I was voted No and should have been voted Yes. And so I’d ask that the record so reflect.
PRESIDING OFFICER: (SENATOR DeLEO) The -- the record will so indicate that, sir.
Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) All right. Ladies and Gentlemen, the Senate will stand in recess to the call of the Chair till after the committees. The Senate will reconvene at approximately 3 p.m. for further Floor action. The Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
The Senate will come to order. Will all the Members in the sound of my voice in your offices, will you kindly come to the Senate Floor? We are about to go to 3rd Reading, which will be final action. So, will all the Members in their offices kindly come to the Senate Floor? Mr. Secretary, Committee Reports.
Senator Lightford, Chairperson of the Committee on 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Education, reports Senate Amendment No. 2 to Senate Bill 858 and Senate Amendment No. 1 to Senate Joint Resolution 82 and Motions to Concur - House Amendment No. 1 to Senate Bill 2235 and House Amendment No. 1 to Senate Bill 2336, all recommended Do Adopt. Senator Crotty, Chairperson of the Committee on Local Government, reports the Motions to Concur with House Amendment 1 to Senate Bill 2360 and House Amendment 1 to Senate Bill 2631 and House Amendment 1 to Senate Bill 2798 and House Amendment No. 1 to Senate Bill 2986 and House Amendments 1, 2 and 3 to Senate Bill 3046 recommended Do Adopt. Senator Meeks, Chairperson of the Committee on Housing and Community Affairs, reports the Motion to Concur with House Amendment No. 1 to Senate Bill 2290 recommended Do Adopt. Senators Cullerton and Dillard, Co-Chairpersons of the Committee on Judiciary, report Senate Amendment No. 3 to House Bill 4357, Senate Amendment No. 2 to House Bill 4715, Senate Amendment No. 2 to Senate Bill 1144, Senate Amendment No. 2 to Senate Bill 1145, Senate Amendment No. 1 to Senate Bill 1216 and the Motions to Concur with House Amendments 1, 2 and 3 to Senate Bill 2137, Motion to Concur with House Amendment No. 1 to Senate Bill 2272, Senate -- and the Motion to Concur with House Amendment 1 to Senate Bill 2391, Motions -- Motion to Concur with House Amendment 1 and 2 to Senate Bill 2680, Motion to Concur with House Amendment 1 to Senate Bill 2873 and a Motion to Concur with House Amendment 1 to Senate Bill 2962 recommended Do Adopt. Senator Munoz, Chairperson of the Committee on Transportation, reports the Motions to Concur with House Amendment 2 to Senate Bill 509 and House Amendments 1 and 2 to Senate Bill 2650 and House Amendment 1 to Senate Bill 2865 and House Amendment 1 to Senate Bill 2878 recommended Do Adopt. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports Senate Amendments 2 and 3 to Senate Bill 929 and the Motion to Concur with House Amendments 1 and 3 to Senate Bill 1705 recommended Do Adopt. Senator Ronen, Chairperson of the Committee on Health and Human Services, reports Senate Amendment No. 1 to Senate Bill 627 and the Motions to Concur with House Amendment No. 1 to Senate Bill 951, House Amendment 1 to Senate Bill 2195, House Amendment 1 to Senate Bill 2254 and House Amendment 1 to Senate Bill 3010 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 recommended Do Adopt. Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment No. 1 to Senate Bill 585 and Senate Amendment No. 5 to Senate Bill 2983, Senate Amendment No. 2 to House Bill -- excuse me, 5524 and the Motion to Concur with House Amendment No. 1 to Senate Bill 2302, all recommended Do Adopt. Senator Harmon, Chairperson of the Committee on Revenue, reports Senate Amendment No. 2 to Senate Bill 711 and the Motion to Concur with House Amendment No. 1 to Senate Bill 702 recommended Do Adopt. Senator Garrett, Chairperson of the Committee on State Government, report the Motions to Concur with House Amendment No. 1 to Senate Bill 2159, House Amendment 1 to Senate Bill 2356, House Amendment No. 1 to Senate Bill 2456 and House Amendment No. 1 to Senate Bill 2931 recommended Do Adopt. Senator Demuzio, Chairperson of the Committee on Licensed Activities, reports Senate Amendment No. 1 to Senate Bill 931 and the Motion to Concur with House Amendment 1 to Senate Bill 2732 recommended Do Adopt. Senator Maloney, Chairperson of the Committee on Higher Education, reports Senate Amendment No. 1 to House Bill 4339 recommended Do Adopt. Senator Collins, Chairperson of the Committee on Financial Institutions, reports Senate Amendment No. 1 to Senate Bill 895 and the Motions to Concur with House Amendments 1 and 2 to Senate Bill 385 and House Amendment 1 to Senate Bill 2569 recommended Do Adopt. Senator Lightford, Chairperson of the Committee on Education, reports Senate Amendment No. 2 to Senate Bill 858, Senate Amendment No. 1 to Senate Joint Resolution 82, and the Motions to Concur with House Amendment 1 to Senate Bill 2235, House Amendment 1 to Senate Bill 2336 recommended Do Adopt. Senator Crotty, Chairperson of the Committee on local Government, reports the Motions to Concur with House Amendment 1 to Senate Bill 2360, House Amendment 1 to Senate Bill 2631, House Amendment 1 to Senate Bill 2798, House Amendment 1 to Senate Bill 2986, House Amendments 1, 2 and 3 to 3040 -- Senate Bill 3046 recommended Do Adopt. 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Senator Garrett, Chairperson of the Committee on State Government, reports Senate Resolution 675, 686, 687, 688 and 689, House Joint Resolution 76 and 98, all -- all Be Adopted; and Senate Resolutions 692 and 700, Senate Joint Resolution 87 and 88, and House Joint Resolution 24, all Be Adopted, as Amended.
Mr. Secretary, Messages.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill with the following title, to wit: Senate Bill No. 2197, along with House Amendment 1. Passed the House, as amended, April 5th, 2006. We have received like Messages on Senate Bill 2204 with House Amendment No. 1 and Senate Bill 2985 with House Amendment No. 1, which passed the House, as amended, April 5th, 2006. Message from the House by Mr. Mahoney, Clerk. Dear Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution No. 87. Offered by Senator Lightford. It is substantive.
Will all those Members in their offices kindly come to the Senate Floor? We are about to commence 3rd Reading - final action. All those Members in their office, kindly come to the Senate Floor. On page 3 of the Calendar, Senate Bills 3rd Reading. Senate Bill 392. Senate Bill 618. Senator Crotty. Out of the record. Senate Bill 621. Senator Sullivan. Out of the record. Senate Bill 679. Senator DeLeo. Senate Bill 711. Senator Crotty. Senator Crotty seek leave to take Senate Bill 711 to the Order of 2nd Reading for the purpose of an amendment. There being no objection, so ordered. The bill’s on 2nd Reading. Mr. Secretary, have there been any amendments filed?
Floor Amendment No. 1, offered by Senator Crotty. 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006
Senator Crotty, to explain the amendment.
Amendment No. 1 will actually become the bill.
Is there any discussion? Any discussion? Senator Crotty moves for the adoption of Amendment No. 1 to Senate Bill 711. All in favor, signify by saying Aye. Nays. No Nays. The -- the amendment is adopted. Have there been any further amendments filed?
Floor Amendment No. 2, offered by Senator Crotty.
Senator Crotty, to explain the amendment.
Floor Amendment No. 2 just added a three percent that was left out of the bill.
Is there any discussion? Any discussion? Seeing none, Senator Crotty move for the adoption of Amendment No. 2 to Senate Bill 836 {sic}. All in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, have there -- are there any further amendments?
No further amendments reported, Mr. President.
3rd Reading. For the record, we’re still on Senate Bill 711. Mr. Secretary, read the bill.
Senate Bill 711. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Crotty.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 711 amends the Service Occupation Tax Act. It provides that a serviceman is not required to register as a retailer under the Retailers’ Occupation Tax if, number one, all 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 of his or her sales activities constitutes accommodation retail sales made to service customers and, two, these accommodation retail sales do not exceed three percent of the annual revenues from sales of that serviceman’s gross.
Is there any discussion? Any discussion? Senator Lauzen.
President -- thank you, Mr. President. I’d like to congratulate the sponsor on her work. After the amendments had been applied, it passed out of Revenue Committee unanimously. I’d recommend a Yes vote.
Any further discussion? Seeing none, the question is, shall Senate Bill 11 pass -- on Senate Bill 711 pass. All -- all those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the -- take the record. On that question, there are 59 voting Aye, no Nays, no one voting Present. This bill, having received the constitutional majority, is declared passed. House Bill -- Senate Bill 836. Senator Crotty. Out of the record. Senate Bill 842. Senator Sullivan. Out of the record. Senate Bill 854. Senator Sandoval. Out of the record. Senate Bill 858. Senator Lightford. Out of the record. Senate Bill 859. Senator Maloney. Out of the record. Senate Bill 881. Senator Maloney. Out of the record. Senate Bill 928. Senator Demuzio. Out of the record. Senate Bill 929. Senator Forby. Mr. Secretary, read the bill. Senator Forby seek leave to -- leave of the Body to return Senate Bill 929 to the Order of 2nd Reading. Hearing no objection, leave is granted. Mr. Secretary, have there any -- been any amendments filed?
Floor Amendment No. 1, offered by Senator Forby.
Senator Forby, explain the amendment.
This is going to be a series of amendments on this bill. This is number -- Floor Amendment No. 2 become the bill so I would like to go ahead with this.
23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 For the record, are you talking about Floor Amendment 1 or - - or…
I want to adopt No. 1.
Is there any discussion? Any discussion? Senator Forby moves for the adoption of Amendment No. 1 to Senate Bill 929. All those in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, are there any further amendments?
Floor Amendment No. 2, offered by Senator Forby.
Senator Forby, to explain the amendment.
Yes. I would like to adopt this amendment on No. 2 and I can explain it on Amendment No. 3.
Senator Forby -- seeing there’s no discussion, Senator Forby seek leave to the adoption of Amendment No. 1. All in favor, signify by saying -- Amendment No. 2, rather. All those in favor, signify by saying Aye. Opposed, Nay. The amendment is adopted. The Ayes have it. Mr. Secretary, are there any -- any further amendments?
Floor Amendment No. 3, offered by Senator Forby.
Senator Forby, to explain Amendment No. 3.
Thank you, Mr. President. As you know, that coal mines in the State of Illinois are coming back and we’ve had some problems in West Virginia, but we want to make sure that our coal mine is safe, and that’s what we’re here all about today is jobs, but we want safety, too. I got a bill here that IDNR has approved. Natural Resource has okayed it. Coal miners has approved it. UMWA has approved this. I do not have -- know of any opposition against this bill. This bill consists of breathing -- breathing material in there in the mine so -- so many distance apart. They have a chamber where if the coal mine gets on fire, gas, got a 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 place to where they can get there and keep the gas and -- off of ‘em. And one of the biggest things is, is they got to have a traction device. So, we want to know of anybody that’s in that coal mine, if there’s a problem, we want to know where they’re at. And one of the biggest issues right now is the tracking device. Federal is looking at this and what we’re going to do is do a task force for ninety days to try to come up with one of these tracking device. And the federal could come up with it any time. So, that’s one of the biggest issue about this bill right now is the tracking device, and I think this is a good bill. I think it’s going to be a safe bill for our coal mines. We got everybody onboard. I’ll try to answer any questions.
Is there any discussion? Senator Risinger.
Thank -- thank you, Mr. President. I want to commend the sponsor for the hard work that he’s done on this bill. It was -- it’s an, as he said, an agreed-to bill. It’s one that passed out of the committee unanimously and I urge an Aye vote.
Senator Forby moves for the adoption of Amendment No. 3 to Senate Bill 929. All those in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further amendment, Mr. Secretary?
No further amendments reported, Mr. President.
3rd Reading. Now on the Order of 3rd Reading is Senate Bill 929. Senator Forby.
I’ve tried to explain…(microphone cutoff)…so if there’s any questions. I…
Mr. Secretary, read the bill.
Senate Bill 929. (Secretary reads title of bill) 3rd Reading of the bill.
25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Senator Forby, on -- on Senate Bill 929, as amended.
If there’s any questions, I’ll try to answer ‘em.
Is there any discussion? Any discussion? Seeing none, Senator Forby moves -- the question is, shall Senate Bill 929 pass. All those in favor, signify by saying Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, no Nays, no one voting Present. Senate Bill 929, as amended, having received the constitutional majority, is declared passed. Senate Bill 999. Senator Schoenberg. Out of the record. Senate Bill 1143. Senator Halvorson. Senator Halvorson seeks leave of this Body to -- to return Senate Bill 1143 to the Order of 2nd Reading. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate -- is Senate Bill 1143. Madam {sic} Secretary, are there any amendments?
Floor Amendment No. 1, offered by Senator Halvorson.
Senator Halvorson, to explain the amendment.
Thank you, Mr. President. This is Ellissa’s first bill, my granddaughter, Ellissa, so no hazing allowed. Amendment No. 1 to Senate Bill 1153 {sic} basically amends the Vehicle Code regarding homicide while DUI. I will explain the bill on 3rd Reading.
Is there any discussion? Any discussion? Senator Halvorson move for the adoption of Amendment No. 1 to Senate Bill 1143. All those in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, are there any further amendments approved for consideration?
No further amendments reported, Mr. President.
3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1143. Mr. Secretary, read the bill. 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006
Senate Bill 1143. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Halvorson.
Thank you, Mr. President and Members of the Senate. This bill has arisen from a person that I know who watched his wife actually get killed right in front of him. Judee Ross was killed after being struck by a car. She was taking some pictures and her family watched as a car - a drunken driver - actually hit her and killed her. She was a seventh-grade teacher. Everyone knows how hard she worked, and what happened is, he ended up going to jail, but only serving three years. We needed to clarify reckless driving or -- or aggravated homicide. What this does exactly is provide that a DUI that causes the death of a person properly be classified as homicide while driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds. So that if you -- you kill somebody, that it is considered homicide.
Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 1143 pass. All those in favor will signify by voting Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the -- take the record. On that question, there are 59 voting Aye, no Nays, no one voting Present. Senate Bill 1143, having received the -- constitutional majority, is declared passed. Senator Halvorson, we were only in recess for about three hours. Could you explain to the Body how did you happen to come upon such a fine, young baby in your arms in the three hours time?
Mr. President, I am the Majority Leader. No, I want to introduce -- this is Ellissa, my granddaughter. And my daughter, Stephanie, and her husband, Paul, are here visiting and I’m just thrilled that I have the opportunity to show her off today. Thank you. 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006
Could you tell the Body her date of birth?
I’m not Irish, but it was St. Patrick’s Day.
What is the date?
March 17th.
Okay. That was before election. Did the baby vote yet?
There’s been rumors that she did.
Senator Hendon, what purpose do you rise?
Mr. -- Mr. President, I have a tough bill coming up. I was wondering if Debbie could loan me the baby for a minute when my bill is called, you know.
Senate Bill 1144. Senator -- Wilhelmi. Senator Wilhelmi requests leave of the Body to take Senate Bill 1144 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is so granted. On the Order of 2nd Reading is Senate Bill 1144. Mr. Secretary, have there been any amendments filed for approval?
Floor Amendment No. 1, offered by Senator Wilhelmi.
Senator Wilhelmi, to explain the amendment.
Yes. Thank you, Mr. President. I believe that we want to table Floor Amendment No. 1, and we’d like to move Floor Amendment No. 2, sir.
The motion to table is always on. Amendment No. 1 is tabled. Mr. Secretary, are there any further amendments?
Amendment No. 2, offered by Senator Wilhelmi.
28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Senator Wilhelmi, to explain Amendment No. 2.
Thank you, Mr. President. Amendment No. 2 becomes the bill and I’d be happy to explain it on 3rd Reading.
Senator Wilhelmi move for the adoption of Amendment No. 1 -- No. 2, rather. All those in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, are there any further amendments?
No further amendments reported, Mr. President.
3rd Reading. On the Order of 3rd Reading is Senate Bill 1144. Mr. Secretary, read the bill.
Senate Bill 1144. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Wilhelmi.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 2 to Senate Bill 1144 creates the offense of disorderly conduct at a funeral or memorial service when one of three things happens, and before I explain exactly what those things are, I want to first say thank you to Lieutenant Governor Quinn. This was his initiative. I also want to say thank you to House Member and -- Representative Brandon Phelps, who carried this bill admirably in the House, and now I am very proud to be able to carry this bill in the Senate. The person commits the offense of a disorderly conduct at a funeral or memorial service when he or she does one of three things: number one, creates noise, singing, playing of music, or any other audible disruption within a two-hundred-foot zone of a cemetery entrance or any funeral site thirty minutes before and thirty minutes after that funeral; second, this person creates disorderly conduct when he or she with knowledge, again within the same parameters - two hundred feet and a half hour before and after - with any visual images or signs that contain threats, 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 either veiled or actual, which we call “fighting words”, - that’s the second way a person engages in disorderly conduct; and third, if he or she blocks the entrance of a cemetery or a funeral, that also is the offense of disorderly conduct. The first offense is a misdemeanor, Mr. President, and the second offense would be a felony. And just to -- to give everyone in this Chamber an understanding, the reason why Lieutenant Governor Quinn, why Representative Phelps and why I have worked very hard on this bill is because there are some, unfortunately, in this State that would come into our State and would disrupt a military funeral of veterans who have served honorably with courage and distinction in World War II and Vietnam and Korea. We have some Members here in this Chamber, like Senator Viverito and Senator Haine, who risked everything for our freedom and for our democracy. And some would like to come to the burial grounds and the cemeteries and the funerals and spew venom because of their disagreement with certain policies in this country. Well, Mr. President, they can speak out -- they can speak out at town hall. They can speak out two hundred and one feet from the cemetery entrance. They can speak out anywhere in a public place, but we feel that the zone of privacy for the families of men and women who are currently serving in Iraq and Afghanistan, who lose their lives fighting for freedom and fighting for our democracy and our country, those families and our loved ones who perish overseas fighting for America deserve privacy and they deserve the ability to bury their loved ones in peace. This is the Let Them Rest in Peace Act and it’s called that because these men and women deserve the right to be laid to rest with honor in a peaceful, calm atmosphere so that their families can say goodbye and so that we all in Illinois can pay respect and tribute and keep others away from those funerals and those burial grounds, pay respect and tribute to our American heroes, men and women that were born and raised right here in Illinois, that have with courage gone overseas to fight for our country. This is constitutional. It is not content-based. It is a reasonable time, place and manner regulation of speech, and we believe, I believe, strongly that any court in America will uphold this law. It took a lot of hard work to get to today. A lot of credit goes out, again, to Lieutenant Governor Quinn, to Representative 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Phelps, to many others that helped make this a reality. And I - - I stand here today very proud to be from the great State of Illinois, the Land of Lincoln. I’m very proud today to be an American and I’m very proud to be able to allow these men and women and these grandmothers, parents, children, the ability to lay their loved ones, to lay them down peacefully and with respect. I would be happy to answer any questions and I ask for an Aye vote.
Is there any discussion? Any discussion? Senator Dillard.
…you. Thank you, the real Mr. President. It’s nice to have you up there. I want to thank the sponsor, Senator Wilhelmi, for working on this bill. As Senator Cullerton will tell you, we had a lengthy, lengthy hearing last week on this particular measure in the Senate Judiciary Committee. We had witnesses from the ACLU to the Service Employees Union and we had a very lawyerly, because it’s a lawyerly committee, discussion over the constitutionality and the workability of this Act. I particularly want to thank, and I’m very proud of the work of Senator Dale Righter on our side of the aisle, Senator Winkel, whose son many of you saw just a couple of weeks ago, who is in the armed service, who obviously has his own very emotional thoughts on this particular topic. And I also want to thank Senator Roskam, who quizzed probably more than he liked it, Senator Wilhelmi on this bill. But this is the right thing to do. It almost -- unbelievably, at a time when we had two military men here today on this Floor, this bill almost was stopped by organized labor, and I want to thank the collective folks on our side of the aisle and Senator Wilhelmi and you, Mr. President, for coming to our senses and not letting particular interests stop a bill, when we have men and women in harm’s way, that is sadly needed, not only in Illinois, but throughout the United States. So, my hat’s off to Senator Wilhelmi and especially my colleagues, Senator Roskam, Senator Winkel and Senator Dale Righter, who, I think, without those three gentlemen working with Senator Wilhelmi, this bill will -- would have not come about. So, congratulations to all of you and it’s sad that we have to have a bill like this, but for our veterans, we need 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 to - and their families - do this. Thank you.
Any further discussion? Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. I also rise in support of the bill. I am very careful to try to not vote for bills which I really think are blatantly unconstitutional. I -- I’ve in the past, you may recall, we -- I objected to the violent video game bill, stating that it was unconstitutional, which has proven to be true, and as well as the denial of the -- the COLA for the judges, and this one I am very concerned about and there’s no question that it will be challenged in court, but I really believe that the sponsor, Senator Wilhelmi, has done a -- a very good job in trying to answer the issues concerning the constitutionality, such that I learned since the committee that the ACLU is neutral on the bill, so obviously they’ve come a -- a long way. The other benefit to passing this bill is that there’s a particular individual who has this desire to -- to demonstrate at these funerals that’s the cause of this legislation. And in the states that have banned this, or attempted to ban this practice, whether it’s constitutional or not, he has gone to another state. So, it’s actually worked for the purposes for which it was -- it was passed. There is a problem. If -- if it’s challenged and we lose, we have to pay the legal fees, not only for ourselves, the State in defending the bill, but also the -- the winning side, if you will, and that did happen in Kansas, but that bill was drafted in a more reckless way than this one, and so hopefully this will be upheld and the offensive behavior, while at the same time protecting people’s right to -- to -- to -- to speak in this country will be -- the offensive behavior will be ended and the right to -- to speech will be upheld. So, I compliment the sponsor and ask for an Aye vote.
Any further discussion? Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, I think this is probably a -- a bill that will stand constitutional action. It’s -- it’s only -- only fair for heaven sakes when 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 someone is at a funeral about their loved ones and people want to protest. How -- first of all, I don’t know what kind of people they are. They certainly don’t act like good Americans and I certainly support the passage of this bill and I commend Senator Wilhelmi for putting it together in such a good way.
Any further discussion? Senator Viverito.
Thank you, Mr. President. I, too, rise in -- to say that all the years I’ve been in the Senate, to have a young Senator present the bill with the compassion and understanding that he presented here today, made me feel awful good as a Korean veteran to know that the young people do care about what’s happening and I certainly feel, as all of you do in this Chamber, Senator Wilhelmi certainly made a very fine presentation on something that had to be done. Commend you very much, Senator.
Any further discussion? Senator Winkel.
Thank you, Mr. President. To the bill: I want to compliment the sponsor on his hard work. When you came to committee, we had a lot of questions and it probably was an interesting experience. I know that you’re sincere in your desire. I know that. And you worked hard and came up with language I believe will sustain and to be upheld in a -- in a court of law; it will be held constitutional. There are in this country many competing interests and my compliments to you, sir, on finding your way through all those different interests and coming up with a bill that protects really a sacred right that we have, particularly in the case of military funerals, for the family to grieve and put their loved ones to rest in a dignified manner. And I appreciate what you’ve done. I appreciate your work and I’m proud to be a cosponsor of your legislation.
Any further discussion? Senator Bill Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. To echo the previous speakers, my heartfelt gratitude to Senator Wilhelmi for this great bill, for Floor Amendment No. 2. 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 The military funeral is a sacred part of this Republic’s history. One of our greatest documents of American thought and speech, the Gettysburg Address, was rendered at such a ritual. The people of Illinois and the people of the United States earnestly want this sacred ritual, this sacred ground, respected and they want to do it in -- consistent with the First Amendment to the United States Constitution and Illinois Constitution. This bill does it. This is a -- when the judges review this bill, if it is challenged, they should review the proceedings of this Senate and they should understand how carefully this was crafted to respect the rights of the people of Illinois to bury their honored dead in a proper and respectful way. The French have a saying, “cri du coeur”, cry of the heart. This is a cry of the heart on behalf of the citizens, not to silence anyone, but to respect our honored dead. Thank you.
Any further discussion? Senator Petka.
Thank you very much, Mr. President and Members of the Senate. Ironically, one week ago while this bill was being debated in the Judiciary Committee, I was attending a military funeral, that being of my oldest brother who served in the Second World War, fought at Omaha Beach in Normandy on -- June the 6th, 1944. I find it hard to imagine that any person could have such a twisted, warped view of so-called -- their view of the so- called Christian religion that they claim to espouse, that they would seek to interfere with what Senator Haine most beautifully described as a sacred ritual. I know it was extremely hard on members of -- of my -- my brother’s family when we laid him to rest and to have individuals show up to disrupt this most sacred ritual, seems to me highly appropriate that this is the type of activity that if we ever criminalize anything, that this ought to be criminalized. And so, Senator Wilhelmi, I again -- I join others in commending you for bringing forward this legislation. This is no longer in my eyes something that’s theoretical. I would have hated to have walked through a -- a -- and be picketed by a group of vermin that would show up in attempt to -- to take away vestiges of nobility that should surround such a sacred ceremony. So, like everyone else, we -- we’re going to support 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 your legislation. Thanks.
Any further discussion? Senator Mike Jacobs.
Thank you, Mr. President. A question of the sponsor.
Sponsor indicate he’ll yield.
Senator, I also want to thank you for taking the lead on this issue and how you spoke so eloquently. You did a very good job and I think this passes constitutional muster, also. But my question does go to preserving the First Amendment. How do we make sure that the people that have the right to speak, have the right to speak? I mean, what -- what is it exactly about your bill that makes it constitutional?
Senator Wilhelmi.
Thank you, Mr. President. Senator Jacobs, the highest court in the land has determined that speech can be regulated, but there are certain parameters that must be met for it to pass constitutional scrutiny. And those tests include whether the regulation includes and contains reasonable time, place and manner restrictions. And what this bill does is it has a two- hundred-foot buffer. It’s a half hour before and then through and a half hour after the funeral service and those in my mind are reasonable time, place and manner restrictions. In addition to that, there’s a court case Burson versus Freeman - this is a United States Supreme Court case - that allowed that same kind of a buffer - it was a hundred feet in that case - and we all know that in our -- around our polling places, we’re regulated on where we can go and what we can say a hundred feet from the polling places. Similar to this bill, you’re limited to what you can do and say in a two-hundred-foot zone from the gate or entrance of a cemetery or funeral. And that’s why, Senator Jacobs, I believe that this bill is constitutional. It applies to all funerals. I believe that the courts will uphold this law, and -- and they should.
35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Senator Jacobs.
Thank you, Senator. So I understand, so if I’m two hundred feet away, I can protest all I want to protest, but if I’m closer than two hundred feet, I can’t protest?
Senator Wilhelmi, to respond.
Thank you, Mr. President. That is correct. If you’re two hundred and one feet away from the -- the door of the church or the gate of the cemetery, you can say whatever is within the law and -- and this -- this -- this speech, and this conduct and these signs, you can bring those out two hundred and one feet away. Obviously, the intent of this legislation is to keep the group from Kansas far away from Illinois, but if they so choose to come to Illinois, they are not allowed within that two- hundred-foot buffer zone, and I believe it’s constitutional, Senator.
Any further discussion? Senator Forby.
Thank you, Mr. President. To the bill: I want to thank the speaker for this bill. I’ve been at a funeral. I’ve seen what happens in my district. It is disgusting. If we have -- if this goes to court, and we have a judge for this, he needs to be at one of them funerals first to see it firsthanded. This is pathetic. This bill will be good. Two hundred feet is not far enough away, but it’s something to work with, but this is something to work with and I’m glad the sponsor is running this bill. But I hope everybody keeps their eyes open ‘cause our veterans -- if it wasn’t for them, we wouldn’t be here today.
Any further discussion? Senator Clayborne.
Thank you, Mr. President. I -- I want to make a comment, then I want to ask the sponsor for -- to clarify something. I, too, want to commend the sponsor for his courageous effort. This is no easy task for those of us who have been here multiple years versus someone who’s been here just over a year -- two years. 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 And I want to commend AJ for his efforts and -- and tell him to continue to work hard. But I have one question, Senator, and that is, does this law or bill apply to military funerals or all funerals?
Senator Wilhelmi.
Thank you, Mr. President. Senator, it applies to all funerals.
Seeing no further discussion, Senator Wilhelmi, to close.
Thank you, Mr. President. I appreciate all the comments from my colleagues on both sides of the aisle. This is a good day for Illinois. It’s a good day because we’re sending a message to two people. We’re sending a message to veterans and men and women serving in Iraq and Afghanistan and all over the world and their families and we’re saying, we’re going to protect your right to bury your loved ones in peace. But we’re sending a message to a second group, Mr. President, and that’s a group that wants to come here and spew hate and we’re telling that group, you come into Illinois and you go into that two-hundred-foot zone, and you’re going to jail. I’m proud to be an American today, Mr. President. I’m proud to be a Member of the Illinois Senate and I appreciate your support on this bill.
The question is, shall Senate Bill 1144 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, no Nays, no one voting Present. Senate Bill 1144, having received a -- the required constitutional majority, is declared passed. Senate Bill 1145. Senator Cullerton. Senator Cullerton seeks leave to -- of this Body to return Senate Bill 1145 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1145. Mr. Secretary, have there been any Floor amendments filed for consideration?
37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Floor Amendment No. 1, offered by Senator Cullerton.
Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This amendment deals with a program, Redeploy Illinois, to allow for a broader use of the -- of the program. Wish for its adoption.
Is there any discussion? Any discussion? Seeing none, Senator Cullerton move for the adoption of Amendment No. 1 to Senate Bill 1145. All in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, are there any further amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Cullerton.
Senator Cullerton, to explain the amendment.
Yes. Thank you, Mr. President, Members of the Senate. This Floor Amendment No. 2 is slightly broader in its definition than Amendment No. 1 and it replaces No. 1. So I move for its adoption.
Is there any discussion? Any -- any discussion? Seeing none, Senator Cullerton move for the adoption of Amendment No. 2. All in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, are there any further amendments?
No further amendments reported, Mr. President.
3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1145, as amended -- as amended. Mr. Secretary, read the bill.
Senate Bill 1145. (Secretary reads title of bill) 3rd Reading of the bill.
38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Senator Cullerton, explain the bill.
Thank you, Mr. President, Members of the Senate. We passed a bill that I sponsored last year that is called Redeploy Illinois and the goal of which was to decrease juvenile commitments and if there was a reduction in juvenile commitments by an average of at least twenty-five percent over the preceding three years, then the amount of money that was in effect saved by not sending those juveniles to -- to jail was reimbursed back to the county where the programs that kept them -- the diversionary programs that kept them out of jail were -- were being conducted. All this bill does is to expand on this program. It’s -- it’s written in such a way that the -- the Cook County State’s Attorney, which -- which supports this, and -- and other counties will give the Redeploy Illinois Oversight Board a greater ability to respond to the needs of current and future pilot programs. So, I think it’s a very good idea. Ask for an Aye vote.
Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 1145 pass. All those in favor will signify by voting Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, no Nays, no one voting Present. Senate Bill 1145, having received the constitutional majority, is declared passed. Senate Bill 1835. Senator Dillard. Out of the record. Senate Bill -- Senate Bill 2123. Senator Harmon. Out of the record. Senate Bill 2394. Senator Cullerton. Out of the record. Senate Bill 2412. Senator Clayborne. Out of the record. Senate Bill 2515. Senator Ronen. Out of the record. Senate Bill 2519. Senator Demuzio. Out of the record. With leave of the Body, we will skip to page 7 for Senate Bill 2568. With leave of the Body, we’ll go to page 7 for House -- for Senate Bill 2672. On the Order of 3rd Reading is Senate Bill 2672. Senator Clayborne. Out of the record. Senate Bill -- 2770. Senator Pankau. Senator Pankau. Out of the record. Senate Bill 2777. Senator Althoff. Out of the record. Senate Bill 2845. Senator Schoenberg. Out of the record. Senate Bill 2955. Senator Harmon. Out of the record. Senate Bill 2959. Senator Martinez. 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Out of the record. Senate Bill 2978. Senator Halvorson. Out of the record. Senate Bill 2983. Senator Hendon. Out of the record. Senate Bill 3053. Senator Trotter. Out of the record. Senate Bill 3056. Senator Hendon. Out of the record. We will now go to page 9 for House Bills 3rd Reading. Page 9 of the Calendar. Senate Bill -- House Bill -- House Bill 2012. Senator del Valle. Out of the record. House Bill 4339. Senator Lightford. Out of the record. Wait a minute. House Bill 4339. Mr. Secretary, read the bill. Senator Lightford. Senator Lightford seeks leave of the Body to return House Bill 4339 to the Order of 2nd Reading for the purpose of an amendment. Seeing no objection, so ordered. On the Order of 2nd Reading is House Bill 4339. Mr. Secretary, read the bill. Mr. Secretary, have any amendments been approved for consideration?
Floor Amendment No. 1, offered by Senator Lightford.
Senator Lightford, explain the amendment.
Thank you, Mr. President, Ladies and Gentlemen of the -- of the Senate. House Bill 4339, the amendment just basically includes Triton Community College.
Is there any discussion? Any discussion? Seeing none, Senator Lightford move for the adoption of Amendment No. 1 to -- to House Bill 4339. All those in favor of the amendment, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, are there any further amendments?
No further amendments reported, Mr. President.
3rd Reading. On the Order of 3rd Reading is House Bill 4339. Mr. Secretary, read the bill.
House Bill 4339. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Lightford. 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006
Thank you, Mr. President. Ladies and Gentlemen of the Senate, this bill addresses inner-city student transfer assistance. There are twenty-eight community colleges that currently participate in the Minority Student Transfer Centers. The original funding amount some years ago was two million dollars. That amount has been eroded drastically down to nine hundred and sixty-six thousand three hundred dollars. That was only appropriated for this area. What myself and Representative Collins would like to do is establish a three-year pilot program to include all of the City Colleges in Chicago and a number of the community colleges listed so that we can continue to advance our students from two-year community colleges to four-year universities. I’d be happy to answer questions.
Is there any discussion? Any discussion? Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. You know, first of all, a question, Senator. What did -- and you may have said this, but I didn’t hear it. What will this cost us approximately?
Senator Lightford.
Two million four hundred.
Senator Luechtefeld.
I -- I guess, you know, the idea of -- of making that transition between the community college and four-year schools is great. You know, we -- we need to try to continue to do that, but I -- I think that’s what colleges should be all about. I can’t imagine that we want to start and add some more money to try to tell colleges and help colleges do what they - community colleges - what they are already supposed to do. You know, all of them have counselors. All of them attempt to do this. This basically gives some colleges, I think maybe -- I really don’t know, many of them are the City Colleges. I think there’s one 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 maybe in Champaign that is going to get money to do this. I guess I -- I’m saying this is not a bad idea, but I just think it’s the wrong way to go about it and -- and I -- I know that this is probably going to fly out of here, but at least I would like a -- a number of Senators to give this some thought. Is this really what we want to do? We’re going to give community colleges some extra money to see to it that they -- students make the transition between community colleges and four-year schools. Isn’t that what they’re all about already? Why would we want to do -- there are so many other problems we have that are much, much bigger than this. Let them put their resources there, the money that they already have. If they think it’s so important, then they need to do it and they are already doing that. So, again, it won’t change maybe a lot of votes, but I just think this is really an unnecessary bill. Thank you.
Senator Link in the Chair.
PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LINK) Indicates she will.
Thank you. Senator, I’m looking at the synopsis of the bill and I -- I remember this from committee obviously and we were talking about this, but just a couple of questions. Is the intent to help students who are, say, sophomores at a community college transfer or -- or to help assist them in knowing the ropes and -- and everything it takes to get into a -- a university? Is that the intent?
PRESIDING OFFICER: (SENATOR LINK) Senator Lightford.
Yes, and in fact, what it would do is provide two counselors -- well actually, one coordinator and one recruiter at eleven or twelve institutions. And there’s a list of responsibilities and duties that each individual would hold. The coordinator would be 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 responsible for working with the district’s academic advisement staff to develop a program plan that will transition students to universities. They would interface with university admissions department to assist students during the transition. They would assist students with course selections, majors, housing, child care and financial aid. They would track student progress and the effectiveness of campus activities. They would implement a transition strategy and work with students on that strategy. They would interface with the president, the deans, the academic advisors, faculty, staff and program directors. They would oversee the activities of the recruiter. They would assist students in filling out applications and finding a university match. They would establish financial aid initiatives and assist students in finding and applying for funding sources and they would also coordinate housing arrangements, and that’s the coordinator’s duty. Then we also would like to have a recruiter involved and the recruiter would identify transfer candidates by working with deans and faculty. They would develop and recruit strategies, include a proactive campus recruiting strategy that will attract dedicated students. They would design, implement and execute on-campus recruiting activities, including campus fairs, information sessions, workshops and seminars. They would create on-campus marketing and communicating strategies to increase awareness and to educate students about the opportunities that exist with universities. They would develop and maintain a partnership with the deans, program directors, professors and academic advisors. Establish partnerships with university, as well as other institutions of higher ed and trade schools, and they will report program effectiveness to the coordinator. So, what’s actually happening, Senator, is that right now we have twenty-eight community colleges that are sharing nine hundred and sixty-six thousand dollars and my example would be, you have Rock Valley College only receiving eighteen thousand one hundred and twenty-two dollars a year. There is no way that they can hire a coordinator and a recruiter and they only have eighteen thousand dollars for the entire school. You also have Kankakee Community College who only received twenty thousand nine hundred and ten thousand and then you have Lincoln Land Community College right here in Springfield 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 who only received twenty-one thousand, and so that’s why it’s important that we increase this program back to the original funding of two million dollars so that these colleges have a fair chance. They -- they don’t have the ability to hire the coordinators or the recruiters to actually do an effective job.
PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.
Thank you. For a moment I thought you were filibustering, but reading that long list. Senator, it -- it seems to me like what you’re trying to get at is -- is increasing funding to community colleges so they can reach out to these students and help them matriculate into a four-year university. Most four- year universities do have recruiters that work very closely with the community colleges. So I think that takes care of part of the aspect that you’re talking about. But is it -- are -- are you saying that -- that there’s an original program out there that used to be around two million dollars and it’s been cut and what you’re trying to do is restore that?
PRESIDING OFFICER: (SENATOR LINK) Senator Lightford.
Yes. Actually, there’s a program of funds that was received through HECA and it was the Minority Student Transfer Centers, and those are the ones that’s being reduced drastically. And I only expressed all that information to you just in case it was not shown on your prompter so that you can understand the relationship and what the schools are not receiving. So the Illinois Community College Board has a difficult time on implementing a program with very little funding and hiring two individuals. They only want a coordinator and a recruiter, and there’s no way anyone will work for a shared amount of eighteen thousand dollars.
PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.
Thank you, and I’ll be quick now, Mr. President. I understand that. I guess I have one question. It seems to me -- or a couple of comments. First of all, it seems to me, it’d be 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 better to put the money into the existing program, rather than to establish a brand new program. You’ve already got the people there. You’ve already got everything set up, number one. Number two, Senator, just a -- a follow-up question: Is this subject to appropriation?
PRESIDING OFFICER: (SENATOR LINK) Senator Lightford.
No.
PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.
Well, to the bill then: It -- it just seemed -- and to the -- to this concept, it seems to me that in a time when our community colleges, all of them throughout the State, need additional assistance, when our public universities need additional assistance, that we really don’t need to be establishing a new program. This is really the thing that community colleges are supposed to be doing. This is their mission, is to prepare students already to get into that four- year university, to know how to articulate their coursework and everything else. It seems to me there’s some redundancy. I would urge a No vote. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator del Valle.
Thank you, Mr. President. Just in responding to that very last comment by Senator Burzynski, first: This isn’t redundant. As a matter of fact, what this effort represents is an attempt here to strengthen current efforts. There is a history here. The minority student transfer programs were established many years ago, but the fact of the matter is that they have been very weak efforts, in part because we haven’t funded them at the -- at the level that they need to be funded and also because of the failure of IBHE and ICCB to provide proper oversight, to evaluate programs, to establish performance standards and to ensure that these programs are meeting the -- the original intent of -- of the Minority Student Transfer Centers, which is to take minority students who are nontraditional students who are lacking 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 information on higher education opportunities, who lack information on financial aid opportunities and providing the kind of academic counseling, intensive counseling, that’s needed in order to ensure that they can transition successfully from a two- year college to a four-year college. We know what the statistics are. The number of African-Americans and Latinos, in particular, going on to four-year colleges is extremely, extremely low and, in -- in some cases, declining and so this effort and this program is an attempt to strengthen existing efforts. Now, it’s important that IBHE and ICCB come together and look at what we need to do to make better use of the nine hundred and sixty-six thousand dollars which represent a significant reduction over the original amount and make better use of those dollars to hold these programs accountable at these community colleges. And so, this bill does something - and this is a key point - that was not in the original effort and that is that it clearly defines the function and the purpose of these transfer centers and how they’re going to use staff to provide the kinds of services that are going to ensure successful transition for these students. So I thank Senator Lightford for moving this forward, because it’s going to force - this bill is going to force ICCB and IBHE to make better use of the dollars that are currently available, as well as supplement those existing dollars, so that we could do the job that needs to be done with our minority students throughout the State.
PRESIDING OFFICER: (SENATOR LINK) Senator Harmon.
Thank you, Mr. President. I rise in support of Senator Lightford’s bill. This will be of great service to community college students I represent in both the city and -- and suburban portions of my district. I applaud the Senator for advancing it and I urge you all to vote Aye.
PRESIDING OFFICER: (SENATOR LINK) Senator Dahl.
Thank you, Mr. President. To the bill: You know, just a few minutes ago, we had a -- a bill that passed here, Senate Bill 1144, that Mr. Wilhelmi so elegantly proposed with regards to the 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 veterans, which I totally agree with, and we’re also -- as we’re all aware, right now in our community colleges, we’re not funding our veterans. We’re -- we’re taking money away from them and it -- it’s not being spent for what it’s supposed to be spent for and now we’re going to take another two million dollars on -- and spend it for another program when we’re not funding what we’re already obligated to fund. I think it’s time that we became physically responsible, do what we’re supposed to do. Before we start voting for new programs and new expansions, let’s take care of the people we’re supposed to be taking care of and -- and put this money back into the veterans where it’s supposed to be at the community college. I urge a No vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon.
Thank you, Mr. President. I just want to remind the Body that minorities are veterans, too. Minorities serve this country just like anyone else. This is a program already established. Senator Lightford is just trying to make sure that the community colleges have the help that they need to help these young people and race should not enter -- be left out of this as if it’s a non-factor. We understand that minority students have a tougher time at it, but minorities serve this country just like everyone else. The two bills are not related, whatsoever. We voted for Wilhelmi’s bill, and I urge a vote for Senator Lightford’s bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
Thank you, Mr. President. I rise in support of this bill and I also would like to commend this -- the -- the sponsor for sponsoring this bill. As we all know, community colleges bridges the gap between high school and a four-year university. Many of our children simply cannot survive in a four-year institution -- educational institution. So therefore you have the community college system there to assist the kids and they get more support there. And this is a wonderful, wonderful bill and I urge everyone on the Floor to support this bill. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Lightford, to close. 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I appreciate all of the comments and I do want to, just for clarity, state that veterans are really important to me, as well, and I know that I have sponsored legislation that provided for scholarships for individuals and family members of veterans. So, I know that that’s an area that I highly support. This has nothing to do with that. This isn’t fighting against veterans or their children or grandchildren. I think what’s important is what Senator del Valle spoke about in terms of an existing program that had no structure. This legislation is to provide the structure for the Community College Board to know how to fully implement the program, providing a coordinator, putting a recruiter in place, so that they cannot just give additional duties to previous counselors who are not getting the job done. I wish that all counselors at all universities was really working to advance all children, but it’s just not the case and I hope that you guys will consider this legislation to be a -- a measure to just refine what we’re trying to do and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 4339 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 34 Ayes, 23 Nays, 1 voting Present. House Bill 4339, having received the required constitutional majority, is declared passed. House Bill 4357. Senator Cullerton. Out of the record. House Bill 4442. President Jones. Out of the record. With leave of the Body, we’ll go back to House Bill 4357. Mr. Secretary, please read -- no. Senator Cullerton seeks leave of the Body to return House Bill 4357 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading, House Bill 4357. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton, to explain your amendment.
48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Thank you, Mr. President, Members of the Senate. Amendment was in response to concerns of the Chicago Bar Association concerning grandparents visitation bill as it related to adoption, and we’ve reached an agreement with those lawyers who were concerned about this and I’d like to adopt the amendment.
PRESIDING OFFICER: (SENATOR LINK) Is there any question on the amendment? Seeing -- seeing no discussion, Senator Cullerton moves for the adoption of Amendment 3 to House Bill 4357. All those in favor will vote Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. On the Order of 3rd Reading is House Bill 4357. Senator Cullerton. Mr. Secretary, please read the bill.
House Bill 4357. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. A few years back, we passed a bill that allowed for, under very strict circumstances, grandparents to apply for visitation rights for their grandchildren. This bill is meant to be a clarification of that bill. It says that grandparents may petition the court for visitation rights of a minor child, as long as it’s -- that child is one year of age or older, by filing a petition in the county that the child resides -- a -- if there’s an unreasonable denial of visitation that would allow for the petition. It’s expanded to cover a situation where the child’s parent is deceased or has been missing for at least three months, the parent is incompetent, or the parent has been incarcerated. It provides that an adoption shall terminate the visitation rights of a relative. However, if the adoption is within the family, a relative may petition the court for visitation rights, but the relative must follow the same procedure that they -- that a 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 person does when they seek visitation rights. It requires the court to consider caregiver status when determining whether to grant visitation to a relative. And the bill clarifies that a child’s parent can always petition to modify a visitation order. It is an agreement with the Chicago Bar and I would be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Seeing no discussion, the question is, shall House Bill 4357 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Ayes, 0 Nays, none voting Present. House Bill 4357, having received the required constitutional majority, is declared passed. Senator Maloney, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege. I would like to take the opportunity to introduce three young men from the University of Illinois who are down here for the day: Mike Trojanowski, who has done some work for me in the district; Neal Shah, a student at the University of Illinois, and Jay Davé. If they -- if the Senate could please welcome them, please.
PRESIDING OFFICER: (SENATOR LINK) Will our guests rise and please be welcomed? Senator Viverito, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I’d like to tell you that we have some people from the Dental Society and the President of the Dental Society, who happens to be my dentist, Joe Unger. Would you please give them a warm welcome?
PRESIDING OFFICER: (SENATOR LINK) Will our guests rise and please be welcomed to the Senate? Senator Munoz, for what purpose do you rise?
Thank you, Mr. President. For the point of personal privilege. 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006
PRESIDING OFFICER: (SENATOR LINK) State your point.
Yes, I know everyone on their Calendar tonight in the Senate -- the Latino Caucus is having a little reception this evening at Mojo’s, 7 p.m. Everyone on both sides of the aisle are invited, as well as staff. So, if you get a chance, please stop by. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Sieben, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, we’ve had the opportunity today to make some very fine comments about our military men and women serving on active duty today, representing our country and fighting for peace and liberty. It’s my privilege today to introduce one of our active duty military servicemen, Captain John Sacia. Captain Sacia’s here today with his father, State Representative Jim Sacia, from Winnebago County, near Rockford, Illinois. Captain Sacia has just returned home from his second tour of duty in Iraq. He’s an Apache helicopter pilot and is -- if you can look at his uniform, you’ll know that he is a highly decorated American serviceman continuing on active duty. So I would ask that we rise today and recognize Captain John Sacia.
PRESIDING OFFICER: (SENATOR LINK) Thank you, Captain, for your service to our State and our country. On the top of page 10, House Bill 4666. President Jones. Out of the record. House Bill 4676. Senator Hunter. Out of the record. House Bill 4715. Senator Raoul. Out of the record. House Bill 4729. President Jones. Out of the record. With leave of the Body, we’ll go back to House Bill 4746. House Bill 4752. Senator Garrett. Out of the record. House Bill 4974. Senator Lightford. 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 5382. House Bill 5524. Senator 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 Hendon. Senator Hendon seeks leave of the Body to return House Bill 5524 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading, House Bill 5524. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Hendon.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon, to explain your amendment.
Thank you, Mr. -- Mr. President. Amendment No. 1 simply makes it a two-year credit and has a reporting requirement to the Senate from DCCA.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, Senator Hendon moves for the adoption of Amendment 1 to House Bill 5524. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Hendon.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon, to explain your amendment.
Amendment -- Amendment No. 2 is a -- the reporting requirement for DCCA.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, Senator Hendon moves the adoption of Floor Amendment 2 to House Bill 5524. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5524. Mr. Secretary, please read the bill.
House Bill 5524. 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon.
Thank you, Mr. President, Members of the Senate. This is the movie tax credit bill, which has brought more films to Illinois, creating twenty thousand new jobs and really giving a boost to the economy of about a hundred million dollars. We had a one-year extension. Now we’re making it a two-year extension to draw more series here, such as Prison Break, which was renewed and is filming currently in Joliet. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Senator Roskam.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR LINK) Indicates he will.
Senator Hendon, we’ve seen a lot of versions of this bill, so is this House Bill 5524 or son of House Bill 5524 or House Bill 5524 returns? Seriously, you’ve had about eight different versions of this bill that we’ve seen in Exec and amendments and so forth. Is this -- is this the one? Is this the one that’s going to emerge and actually get to the Governor’s desk?
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon.
Senator Roskam, I do believe this is the final Act, the final curtain, as they say in -- in the movie business. This is it. After this, we can have the cast party because this is the final version.
PRESIDING OFFICER: (SENATOR LINK) Senator Roskam.
Yeah. That’s your final answer. The -- to the bill: I -- I rise in support of the bill. I think the one-year tax credit was problematic, but I think the two-year tax credit is a much 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 better idea and it allows business to do some -- some planning in advance and I urge its passage. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Dillard.
Thank you, Mr. President. If I can, would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LINK) Indicates he will.
Thank you. Senator Hendon - and I support your bill and I support and understand the importance of this industry to Illinois - if this is so good, why don’t we make this tax credit permanent?
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon.
Well, Senator Dillard, one thing that we want to make sure is that the -- the results of the bill are -- is effective for all the people of the State of Illinois. That’s one reason we have the -- reporting requirement from DCCA. We want to make sure that if we give a tax credit to anyone - and this is a -- sort of like a Republican idea turned Democrat - if we give a tax credit to anyone, we want to make sure that it works and that it’s working for the people of the State of Illinois. That’s why - if we look at it, it was one year - I was able to talk some of the powers to be into making it two years because of the series that are planning to come here right now. And we’ll look at it. If it works, then we’ll look at it later making it gradually four years or more. I do understand where you’re coming from, but we want to be able to look at it as often as possible.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon, to close.
That’s a wrap.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 5524 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 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day 4/5/2006 wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 5524, having received the constitutional majority, is declared passed. Ladies and Gentlemen, for the purpose of announcement, the Rules Committee that was posted earlier, will not take place. Senator Burzynski, for what purpose do you rise?
Thank you, Mr. President. Like to announce there’ll be a Republican Caucus immediately upon adjournment in Senator Watson’s Office. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, motions on file.
I have a motion with respect to House Bill 4804, dated April 5th, 2006. Signed by Senators Geo-Karis and Dillard.
PRESIDING OFFICER: (SENATOR LINK) The Calendar -- will reflect. Senator Geo-Karis, for what purpose do you rise?
Mr. President and Ladies and Gentlemen of the Senate, pursuant to Senate Rule 7-9, I move that the Senate Rules Committee be discharged from further consideration of -- of House Bill 4804 and that House Bill 4804 be placed on the -- Senate Calendar on the Order of 2nd Reading and that all applicable Senate deadlines be waived, and signed by myself and Senator Dillard.
PRESIDING OFFICER: (SENATOR LINK) Senator Geo-Karis, that motion was already on file and the record will reflect. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m., tomorrow, April 6, 2006. The Senate stands adjourned. 55