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Illinois Senate Floor Debate — April 11, 2006

94th General Assembly (2005-2006) · Legislative day 101 · Regular Session
Chamber
Senate
General Assembly
94th (2005-2006)
Date
April 11, 2006
Legislative day
101
Session
Regular Session
Speaker turns
157
Original
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Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) The regular Session of the 94th General Assembly will please come to order. Will the Members please be at their desks? And will our guests in the galleries please rise? The invocation today will be given by Minister Jeff Smith of Modesto Christian Church in Modesto, Illinois.

PASTOR JEFF SMITH

(Prayer by Pastor Jeff Smith)

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Please remain standing for the Pledge of Allegiance. Senator Maloney.

Edward D. Maloney (D)

(Pledge of Allegiance, led by Senator Maloney)

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.

Mattie Hunter (D)

Madam President, I move to postpone the reading and approval of the Journal of Monday, April 10th, 2006, pending arrival of the -- printed transcripts.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions.

Linda Hawker

Senate Resolution 716, offered by Senators Pankau, Millner and all Members. It is a death resolution, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions Consent Calendar. Messages from the House, Madam Secretary.

Linda Hawker

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 of the following title, to wit: Senate Bill 2868, together with House Amendment 1. Passed the House, as amended, April 10, 2006. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to concur with the 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 Senate in the adoption of their amendments to a bill of the following title, to wit: House Bill 4298, together with House {sic} Amendments 1 and 2. Non-concurred in by the House, April 10, 2006.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Rules Committee will meet immediately in the President’s Anteroom. Rules Committee immediately.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Will the Rules Committee meet in the -- President’s Anteroom immediately? Will the Rules Committee please come to the Senate President’s Anteroom immediately? Thank you. Madam Secretary, Committee Reports.

Linda Hawker

Senator Viverito, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Executive Committee - Floor Amendment No. 1 to Senate Bill 1279; refer to Licensed Activities Committee - Motion to Concur with House Amendment 1 to Senate Bill 2395; and refer to State Government Committee - Motion to Concur with House Amendment 1 to Senate Bill 2868.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio, for what purpose do you rise?

Deanna Demuzio (D)

Yes. Thank you, Mr. President. For a -- for personal announcement, or for an announcement.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) State your announcement.

Deanna Demuzio (D)

Licensed Activities will meet today at 11:40, in the Stratton Building, A-1.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Silverstein, for what purpose do you rise?

Ira I. Silverstein (D)

Purpose of an announcement. Executive will meet at 12:40 in 212.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Hunter, for what purpose do you rise?

Mattie Hunter (D)

2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 Point -- point of announcement, Mr. President. The State Government Committee will meet today at 12:40 in Room A-1.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Silverstein, for what purpose do you rise?

Ira I. Silverstein (D)

For a corrected announcement. The Exec will meet at 12:10. Is that right? We got it. Okay. All in favor, Aye. Thank you.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Hunter, for what purpose do you rise?

Mattie Hunter (D)

Point of announcement and point of clarification. The State Government Committee is not meeting at 12:40, but it is meeting at 12:10 in Room A-1. State Government, 12:10. Thank you.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator del Valle, for what purpose do you rise?

Miguel del Valle (D)

Point of personal privilege.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) State your point.

Miguel del Valle (D)

Thank you, Mr. President. I want to introduce my two Pages, or our two Pages here today - Stephanie and Kimi Lopez. They both attend the Inter-American Magnet School and many Members may be familiar with their father. Their father is Gabriel Lopez who spends a lot of time here in Springfield. And so I want to welcome them to Springfield today.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Will the Senate please give them a warm welcome? Senator Schoenberg, for what purpose do you rise?

Jeffrey M. Schoenberg (D)

Thank you, Mr. President. I rise on a point of personal privilege.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) State your point.

Jeffrey M. Schoenberg (D)

Mr. President, I’m honored to have with me today two Pages from Wilmette, Robert Kostynick, his sister, Kristin. They are both home-schooled. They are exceptionally bright and talented. He is a -- is a -- is a fast-track achiever in the scouting 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 movement and she is an accomplished dancer with Dance Center Evanston. Please give them and their mother, Celeste, a warm Senate welcome. Thank you.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Jacobs, for what purpose do you rise?

Mike Jacobs (D)

Point of personal privilege.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) State your point.

Mike Jacobs (D)

I’d like to introduce to you today my nephew, Connor Jacobs, who is a -- a student at Lane Tech in Senator Miguel del Valle’s district and he’s also headed to MIT.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Dillard, for what purpose do you rise?

Kirk W. Dillard (R)

Thank you, Mr. President. As long as we are doing points of personal privilege, I’d like to introduce a graduate student here with me from the University of Chicago from Senator Raoul’s district. This is Gene Emmans, who’s a graduate student at the Harris School of Public Policy at the University of Chicago.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Lauzen, for what purpose do you rise?

Chris Lauzen (R)

Thank you, Mr. President. Point of personal privilege.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) State your point.

Chris Lauzen (R)

I would like to introduce a guest from back home, Joe Grigoletti is joining us today. He’s a freshman at the University of Illinois-Springfield campus. Loves the political process and I’d ask you to welcome him to the State Senate.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Hunter, for what purpose do you rise?

Mattie Hunter (D)

Point of personal privilege, Mr. President.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) State your point.

Mattie Hunter (D)

4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 I have visiting with me two of my constituents - two fine young men who attend school in -- in Hyde Park in Senator Raoul’s district, the Ariel Community Academy, which is a -- an academy that is financially sponsored by the -- the investment guru, John Rogers. And the two brothers are Mario, age 14, and Miles -- who is in eighth grade, and Miles, age 12, sixth grade. Mario, in 2004, was acknowledged as the first Money Smart Kid in the State of Illinois. And they both plan to attend the University of Chicago Lab School in high school and they invest at home and at school. So let’s give them a welcome to the Senate.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Ladies and Gentlemen, we’ll be going to page 11 on the Order of Secretary’s Desk, Order of Concurrences. Senate Bill 2348. Senator Cullerton. Mr. Secretary, please read the motion.

Scott Kaiser

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2348. Signed by Senator Cullerton.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton, to explain your motion.

John J. Cullerton (D)

Yes. Thank you, Mr. President, Members of the Senate. You may recall this bill, it passed the Senate. Dealt with the issue of a local official -- local official living within a TIF district. We specifically had in mind a -- a gentleman in Elgin - it was an alderman in Elgin - and the -- I agree with the House amendment which was to tighten up the provisions of the -- specifically it -- it -- it has to be a property interest acquired by January 1st of 2008 by a member of a corporate authority and there must be some other conditions: the property is used exclusively as the member’s primary residence; member discloses the acquisition to the municipal clerk; the acquisition is for fair market value; they acquire the property as a result of the property being publicly advertised for sale; and the member refrains from voting on, and communicating with other members concerning, any matter when the benefits to the redevelopment project or the area would be significantly greater than the benefits to the municipality as a whole. I don’t know of any opposition. I do think we have to do some legislative 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 intent, but I would be happy to answer any questions.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Axley.

Cheryl Axley (R)

Thank you. Will the sponsor yield for a few questions regarding legislative intent?

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Indicates he will.

Cheryl Axley (R)

The proposed legislation states that a member of a corporate authority, such as a trustee, alderman or council member, who purchases a primary residence within a TIF area must refrain from voting on any matter when the benefits to the redevelopment project or area would be -- significantly greater than the benefits to the municipality as a whole. Can you provide an example of a redevelopment project in which a trustee, alderman or council member would be required to refrain from voting?

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton.

John J. Cullerton (D)

Yes, thank you for that question - well -- well-thought- out question. He or she would certainly not be able to vote on any matter affecting a redevelopment project in which he or she owns a home. And I’ll give you an example. A two-hundred-unit mixed- use project within a redevelopment area could serve as an example. Could have several retailers as part of the project. A corporate member who maintains his or her primary residence at such a project would not be able to vote on any agreement between the municipality and a retailer located within that project. Another example would be if the aforementioned project would need new sidewalks that are solely associated and only a benefit to the project. The member would be prohibited from voting on that public improvement. Would also include other public improvements solely related and only beneficial to the project.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Axley.

Cheryl Axley (R)

Thank you. Can you provide example…(microphone cutoff)…a redevelopment project would benefit a municipality, as a whole, 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 to a greater degree than the benefit received by the project or area itself?

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton.

John J. Cullerton (D)

Yes. It would be a redevelopment project creating a municipal facility or an -- another example would be a redevelopment of contaminated sites that have not received the No Further Remediation Letter from the -- IEPA, such as a brownfield. Other redevelopments benefiting the city as a whole would include projects that create amenities or improvements that would be available and beneficial to the public, such as parks, bike and pedestrian paths, river walks, public parking areas and streets, and those would be examples of -- which would benefit the -- the city as a whole.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? This is final action, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 2348. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. The Senate concurs in House Amendment 1 to Senate Bill 2348, and the bill, having received the required constitutional majority, is declared passed. Senator DeLeo, for what purpose do you rise? Senate Bill 2985. Senator Cullerton. Mr. Secretary, please read the motion.

Scott Kaiser

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2985. Filed by Senator Cullerton.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton, to explain your motion.

John J. Cullerton (D)

Yes. Thank you, Mr. President, Members of the Senate. The House retained the underlying bill, 2985, which expanded convicted persons whose information must be part of the State Police DNA database to include convicted sex offenders, and then they added a change that changed the annual cycle of the State 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 Police’s DNA testing backlog report to August 1st to track with the State’s fiscal year ending on June 30th, and also clarify the definition of backlog to include all cases awaiting forensic testing regardless of whether evidence has been provided to the State Police. Move for its adoption.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, this is final action. The question is, shall Senate concur with House Amendment 1 to Senate Bill 2985. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. The Senate concurs with House Amendment 1 to Senate Bill 2985. The bill, having received the -- required constitutional majority, is declared passed. Senate Bill 2986. Senator Wilhelmi. Out of the record. Senator Harmon, for what purpose do you rise?

Don Harmon (D)

A point of personal privilege, Mr. President.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) State your point.

Don Harmon (D)

I’m happy to be joined today by my Page for a Day, Anna McHatton, the daughter of Bridget, my legislative aide. I hope you’ll all join me in welcoming her to the Senate Chamber.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) The Senate will stand in recess to the call of the Chair. After committees, the Senate will reconvene at approximately 12:30 for further Floor action. The Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) The Senate will come to order. Madam Secretary, Committee Reports, please.

Linda Hawker

Senator Demuzio, Chairperson of the Committee on Licensed Activities, reports a Motion to Concur with House Amendment No. 1 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 to Senate Bill 2395 recommended Do Adopt. Senator Garrett, Chairperson of the Committee on State Government, reports the Motion to Concur with House Amendment No. 1 to Senate Bill 2868 recommended Do Adopt. Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment No. 1 to Senate Bill 1279 recommended Do Adopt.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Perfect, once again. Senator Geo-Karis, for what purpose you seeking recognition, ma’am?

Adeline Jay Geo-Karis (R)

A point of personal privilege.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.

Adeline Jay Geo-Karis (R)

When we had Greek night for me on the 29th of March on my birthday, I was not aware of the fact that you, Senator DeLeo, and President Jones got all the Greek food here and I want to thank you for it. And I apologize not knowing about it sooner, but now that I found out, I want to thank you and Senator -- and President Jones.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, -- Senator Geo-Karis. It was an honor on behalf of President Jones and myself. Thank you for allowing us to be your friend all these years. Would all Members within the sound of my voice please come to the Floor immediately? All Members within the sound of my voice, please come to the Floor immediately. We are about to do Senate Bills on Concurrence, final passage. All Members, please report to the Senate Floor. Illinois Information Service requests permission to videotape today’s proceedings. Hearing no objection, leave is granted. Okay, Ladies and Gentlemen, we’ll be starting Senate business. The Senate will reconvene. We’ll go to Senate Calendar, Supplemental Calendar No. 1. It has been printed and distributed. It should be on all Members’ desks. On the top of Supplemental Calendar No. 1 comes Senate Bill 2395 on the Order of Concurrence. Senator Wilhelmi, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion. 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006

Linda Hawker

I move to concur with the House in the adoption of their Amendment No. 1, House Amendment No. 1, to Senate Bill 2395. Motion filed by Senator Wilhelmi.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Wilhelmi, to explain your motion, sir.

Arthur J. Wilhelmi (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move to concur with House Amendment No. 1 to Senate Bill 2395. Some of you may recall that this bill would allow four things under the Dental Practices Act. It would allow a spouse to continue the practice for one year, a surviving spouse or widow or widower, in the event that a dentist passes away. That provision was removed in the House Amendment No. 1. That’s the main change in House Amendment No. 1. Three other provisions still remain in the bill. The Department -- number one, the Department may require a census to make sure we know what the dental needs are throughout the State. Number two, a temporary dental license can be issued either to a dentist or a -- hygienist when that person has been moved out of their jurisdiction because of a natural disaster, and obviously that could be similar to a situation in Hurricane Katrina. That stays in the bill. And also that dental labs shall provide to the dentist where the product was purchased and how it was assembled when a dental lab is brought in to do dental work on appliances. So, I ask for a favorable vote on this motion to concur and I’d be happy to answer any questions. And one last piece, the provision that was removed from this bill for the surviving spouse is now in another Senate bill - Senate Bill 269 - that Senator Haine is carrying, and I’m -- I’m happy to report that because I think that’s a very important provision that will be sustained in another Senate bill, 269. Thank you, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator John Jones, for what purpose you seek recognition?

John O. Jones (R)

Thank you, Mr. President. To the bill. 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

John O. Jones (R)

I rise in support of the bill. The surviving spouse part of it I think was a good piece of legislation and I’m happy to -- to support this because we’re going to put that on another bill, so I would recommend an Aye vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The gentleman has requested an affirmative roll call. This is final action. The question is, shall Senate concur in House Amendment No. 1 to Senate Bill 2395. All those in favor, vote Aye. All those opposed will vote Nay. The Aye -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2395 -- the Senate concurs in House Amendment No. 1 to Senate Bill 2395, and the bill, having received the required constitutional majority, is declared passed. Okay, continuing on the Supplemental Calendar, we have a Motion to Concur in House Amendment No. 1, Senate Bill 2868. Senator Cullerton, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the motion.

Linda Hawker

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2868. Motion filed by Senator Cullerton.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Cullerton, explain your motion, sir.

John J. Cullerton (D)

Yes. Thank you, Mr. President, Members of the Senate. 2826 -- or, I’m sorry, 2868, when it first passed the Senate, required the Capital Development Board to adopt and update an energy efficiency code for State commercial buildings. The House made the following changes and corrections, which I agree with. The first change corrects an oversight in the Senate version so that State buildings follow the energy code standards already in place, which are the standards promulgated by the American Society of Heating, Refrigerating and Air-conditioning Engineers and not the ICC Code. Non-State commercial buildings will still 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 follow the ICC Code as was referenced in the Senate version. The second change removes references to the Supplemental Code for the ICC Code. The ICC Code is updated every three years. The Supplemental Code is updated every eighteen months and it’s too confusing and cumbersome for most municipalities to adopt. So, by removing the Supplemental Code, it will make it easier to enforce a Statewide standard for an energy code. It was added at the request of the Capital Development Board and the Illinois Council of Code Administrators, which is a statewide organization of municipal and building officials, whose job it is to enforce building codes. So, there’s no controversy. I move that we adopt the amendment.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, the gentleman asks for an affirmative roll call. This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2868. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 2868, and the bill, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, we will be going back to the Senate Calendar, page 4, Senate Bills 3rd Reading. On the page - - middle of the page of Senate Bills 3rd Reading comes House Bill 1279. Senator Forby. Senator Forby has now turned over sponsorship to Senator Link. Senator Link seeks leave of the Body to return Senate Bill 1279 to the Order of 2nd Reading for the purposes of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading comes Senate Bill 1279. Madam Secretary, are there any amendments approved for consideration?

Linda Hawker

Yes. Floor Amendment No. 1, offered by Senator -- pardon me -- Senator Link, I presume. It is Senator Lightford. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford, to explain your amendment, ma’am. 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006

Kimberly A. Lightford (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to Senate Bill 1279 does a couple things. First, it amends the Illinois Procurement Code to require the chief procurement officer to include encouragement to prospective vendors to hire qualified veterans and ex-offenders. It -- defines the qualified veterans definition. It amends the Illinois Income Tax Code to require a tax credit to employers of ex-offenders and qualified veterans hired on or after January 1 of 2007. And it requires that a relief from disability shall be issued for a license or certification issued under various Acts. And it does one final thing, it changes the definition of “eligible offender” to exclude people who have been convicted more than twice of a felony. I’d be happy to answer questions.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Is there any discussion? Is there any discussion? Senator Burzynski, what purpose are you seeking recognition, sir?

J. Bradley Burzynski (R)

Thank you, Mr. President. Just to the bill: We just heard this bill in the Executive Committee -- oh, excuse me. We can address this on 3rd Reading.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Thank you, Senator. Senator Lightford moves the adoption of Amendment No. 1 to Senate Bill 1279. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading comes Senate Bill 1279. Senator Link, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.

Linda Hawker

Senate Bill 1279. (Secretary reads title of bill) 3rd Reading of the bill. 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Link, to the bill, sir.

Terry Link (D)

Thank you, Mr. President. As Senator Lightford said on the amendment which became the bill, this bill is a -- it proposes of -- legislation is to help Illinois veterans, encouraging them through employers to hire ‘em with a tax incentive, which we took from what was original debate on this bill and other things we took into consideration. It offers a tax credit for gross wages paid to taxpayer to qualified veterans to encourage veterans to sustain employment during the taxable year. This legislation also geared to helping ex-offenders get their lives back on track through employment. This also allows eligible sex {sic} offenders who haven’t been convicted of a violent crime to apply for -- review board for licensing under eight new Acts. This -- this bill is -- is -- is endorsed by the AF of L-CIO, the Illinois Chamber Employment Law Council, the Illinois Retail Merchants Association, Chicago Metropolitan {sic} 2020, the Illinois Manufacturers’ Association and many others. I’ll be more than happy to answer any questions.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Dillard, for what purpose are you seeking recognition?

Kirk W. Dillard (R)

Would the sponsor yield for a couple questions, please?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.

Kirk W. Dillard (R)

Thank you. Senator Link, is the felons language still in here?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.

Terry Link (D)

In what regard are you asking of the felon’s question? Yes, there is felons language in there, but certain ones have been deleted, such as sex offenders have been deleted from this language.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 Senator Dillard.

Kirk W. Dillard (R)

So in this bill, Senator Link, what’s the difference in a tax credit between somebody who just returned from Iraq, who’s a veteran, and a felon?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.

Terry Link (D)

There is no difference as far as the amount of tax credit for these individuals. The amount is that they would be getting this tax credit. It would be an incentive to the employers to hire either of these individuals. We are encouraging ‘em the same way, so that we’re not looking like we’re making preference to either one of these individuals. We would encourage that we want to get veterans hired, just as well as we want to get sex -- ex-offenders hired to make sure that these individuals are on the tax -- to get the opportunity to get back to work again.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. Just one more question, Senator Link. Is there anything in your bill to address what we’ve read in the Associated Press and the Sun-Times about the Governor hiring interns to skirt the veterans hiring preference and having fifty-year-old interns making sixty thousand dollars a year?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Dillard. Senator -- Senator Link.

Terry Link (D)

There -- there’s nothing in this in -- in that regard, but there is in this bill that CMS is encouraged to hire veterans and I want to correct a statement on the other thing as far as the -- the amount of tax credit. The tax credit for sex -- ex-offenders is one year. For veterans, it’s a five-year period of time.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sieben, for what purpose you seek recognition?

Todd Sieben (R)

To the bill, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir. 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006

Todd Sieben (R)

Thank you very much. We just heard this bill in Executive Committee a little bit ago, so we haven’t had a lot of time to formulate detailed questions, but obviously we have, I think, some grave concerns and I would rise in opposition to the bill. As the sponsor mentioned, the definition of an eligible offender who’d be eligible for this tax credit has been changed in the bill to mean -- to mean a person who has been convicted not -- not more than twice of a felony - not once, but twice. So, a person who would eligible for this tax credit could have been convicted twice of a felony and then they’re going to receive a six-hundred-dollar tax incentive, the employer will, to hire this person who has been twice convicted of a felony. And I think the question -- as the sponsor properly indicated, they have -- these eligible offenders no longer includes those convicted of crimes of violence, sex crimes or bodily harm. So they’ve taken that portion out in response to the Senator’s question. I think, as a veteran, I would have to say, when I heard this bill, and we’re going to link a credit for employers and put veterans in the same bill with two-time felony felons, I think that’s a disservice to our veterans. I don’t see that as an appropriate way to honor veterans - to put veteran’s tax credit for employment in the same bill with two-time felony criminals. I -- there are just other concerns with this -- this bill and I would urge a No vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Any further discussion? Senator Wendell Jones, for what purpose you seek recognition?

John O. Jones (R)

Thank you, Mr. President. To the bill: We heard this bill in Labor two weeks ago and now it’s come back to Executive. I’m not sure why it was changed from the Labor Committee to the Executive Committee, but when it came through Labor two weeks ago, I told the sponsor that I understood what he was trying to do, but it just sends the wrong message. It sends the wrong message to our veterans. It sends the wrong message to law- abiding citizens. When it came through the Labor Committee, it was a pig, and now that it’s gone through the Executive Committee, it’s a pig with lipstick, but it’s still a pig, and it’s not a good bill and it should be defeated. Thank you. 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Any further discussion? Any further discussion? Senator Burzynski.

J. Bradley Burzynski (R)

Thank you, Mr. President. Just to the bill: I -- I…

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

J. Bradley Burzynski (R)

…just wanted to expand a little bit on what’s already been said here today. You know, this really does raise a lot of concerns in my mind. The -- the bill, as it left this Chamber originally, or as it was originally presented, certainly had its -- its problems. And I think this has just made those problems even worse - going to a two-time conviction of a felony. It also now will allow -- there’s an amendment -- this amendment allows for these people to be licensed in the State of Illinois through the Department of Professional Regulations for various licensures even though they’ve been convicted of two separate felonies. It just sends the wrong message. In addition to that, even though I do know that the sponsor of the amendment indicated that -- a willingness to change it, the way the bill currently is written, there is an interagency advisory committee consisting of representatives from several different areas - four Members of the General Assembly, two from the Speaker and two from the President’s Office, none from the Minority Spokesman -- or the Minority Leaders from either Chamber. This bill also in addition to encouraging prospective vendors to consider hiring Illinois veterans, it encourages -- prospective vendors to the State of Illinois to consider hiring Illinois residents who have been convicted of these felonies twice. So, there are a lot of pitfalls in this bill and I would urge a -- a No vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, Senator Link, to close, sir.

Terry Link (D)

Thank you, Mr. President. You know, there’s -- there’s been a -- you know, when we -- we stand up here and we say it’s shameful, it’s disgusting about this piece of legislation. I think what’s shameful and disgusting is that we had a debate on 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 this similar bill about a month ago or something and a lot of the factors that were brought into this debate was that we weren’t considering the veterans or we weren’t considering other parts of this bill. And all of these factors were brought in. Now that we bring it in together, oh, it’s shameful that we bring these two in together. Well, you can’t have it both ways. You know, you can’t have it the way -- if you’re against something, just be brave enough to stand up and say you don’t want to help ex- offenders get jobs. You don’t want to help people get off dependencies. You don’t want to help people. Why don’t you just say it? You don’t want to help people. These are people that want to correct their lives. They want to quit being dependent upon others. They want to get jobs. They want to work. They want to provide for their families. They want to do the right thing, and we’re trying to give ‘em. There’s no forcing this onto employers. Employers have options. They can say no if they don’t want to hire this person. Why do you think the Illinois Manufacturers, the Illinois Retailers, the Illinois Chamber is behind this bill? They understand it, that it’s a business-type of bill. They understand the advantages of getting these individuals back into the workforce. They understand what this can do. I don’t know why anybody else can’t understand it. This is helping society. This is helping individuals get back to work. I think there should be fifty-nine green lights up here and we should send a message to say we want to put people back to work, we want to help individuals, and this is what the Illinois General Assembly, and especially the Senate, wants to do. I would ask for an affirmative vote by everyone in this Senate. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay. The question is, shall Senate Bill 1279 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 31 Ayes, 12 Nays, 6 voting Present. Senate Bill 1279, having received the required constitutional majority, is declared passed. Senator Jacobs, for what purpose are you seeking recognition, sir?

Mike Jacobs (D)

18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 Mr. Chairman, point of personal privilege.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

Mike Jacobs (D)

I would be remiss if I didn’t introduce a great former Legislator, who’s in the building, and his beautiful wife, my mother and father, Denny and Mary Ellen Jacobs.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Would our guests please rise and be recognized by the Illinois Senate? Former Senator Denny Jacobs.

Mike Jacobs (D)

As well, I’d like to introduce…

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.

Mike Jacobs (D)

As well, I would like to introduce Darrell Joe “Fosko” Yeargle, who is not only a great American, but a great power in northwestern Illinois.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Welcome. Welcome to the Illinois State Senate. Senator Crotty, for what purpose are you seeking recognition, ma’am?

M. Maggie Crotty (D)

Thank you. And up in the gallery here seated behind us, I have two constituents. They’re retired Chicago teachers and they’re here to visit the Capitol and I’d also like you to welcome them.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Will the guests please rise and be recognized? Welcome to the Illinois State Senate. Welcome to Springfield. Senator Winkel, for what purpose you seek recognition, sir?

Richard J. Winkel Jr. (R)

Point of personal privilege.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

Richard J. Winkel Jr. (R)

Have a group visiting today from Holy Cross School up in the gallery. Like to welcome them, from Champaign.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests from Champaign, Illinois, please rise and be 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 recognized? Welcome to the Illinois State Senate. Thank you for joining us today. All right. Ladies and Gentlemen, we will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?

Linda Hawker

There have been no objections filed, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Seeing no discussion, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the motion carry and the resolutions are adopted. Madam Secretary, now on the Orders of Resolutions.

Linda Hawker

Senate Joint Resolution No. 89, offered by Senator Halvorson. (Secretary reads SJR No. 89)

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. All right. Senator Halvorson moves to suspend the rules for the purposes of immediate consideration in the adoption of Senate Joint Resolution 89. Those in favor will say Aye. Those opposed will say Nay. The Ayes have it, and the rules are suspended. Senator Burzynski.

J. Bradley Burzynski (R)

Thank you, Mr. President. A question of the Chair -- a question of the Chair.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) The question is?

J. Bradley Burzynski (R)

Thank you. Relative to the adjournment resolution, just for sake of clarity of those of us that don’t follow those dates and numbers as well as others, is it my understanding we’re back here April 25th?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) You’re a little ahead of the -- the -- the gun here. Just for purposes of announcement, let me, before we adjourn this Chamber, pursuant to Senate Joint Resolution 89, under the terms of the resolution, we will stand adjourned until Tuesday, April 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 18th, in Perfunctory Session, and then again on Thursday, April 20th, in Perfunctory Session, and then the Senate will reconvene again on the 25th, Tuesday the 25th, at 12 noon. President Jones, you seeking -- you seeking -- resignation {sic}, sir?

John O. Jones (R)

Yes.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) What purposes you stand, sir?

John O. Jones (R)

Thank you, Mr. President. You explained it somewhat, but for all the Members, in the event that we want to go on, we still have the prerogative if necessary to change that. So, you will receive ample notification as relate to that date, but by -- by law and by rule we must do it that way. So, that’s how it stands at this particular time. If there are any changes in writing and by phone call, you will be so informed of any changes that we may make as relate to that date.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski, are you -- are you seeking recognition, sir?

J. Bradley Burzynski (R)

Thank you. In anticipation of what our next order of business is, there will be a Senate Republican Caucus in Senator Watson’s Office after adjournment. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay. The Senate Republicans ask for a caucus immediately upon resignation -- resignation -- adjournment in Senator Watson’s Office. I have resignation on my mind today. Senator Geo-Karis, for what purpose do you rise, ma’am?

Adeline Jay Geo-Karis (R)

Well, Mr. President and Ladies and Gentlemen of the Senate, with all the confusion that’s going around here, I’m not sure, when are we due back in the Senate?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) April -- April 25th at the hour of 12 o’clock, ma’am. Okay. Ladies and Gentlemen, Senator Halvorson now moves for the adoption of Senate Joint Resolution 89. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the resolution is adopted. Pursuant to Senate Joint Resolution 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 101st Legislative Day 4/11/2006 89, the Senate stands adjourned until Tuesday, April 25th, at 12 noon. The Senate stands adjourned. 22