Illinois Senate Floor Debate — May 3, 2006

(Pledge of Allegiance, led by Senator Haine)

Mr. President, I move that the Journal just read by the Secretary be approved, unless some Senator has additions or corrections to offer.

A point of personal privilege, Mr. President.

Thank you. I -- I would like the Senate to welcome my Page for the Day, Natalie Koteff, from my district, who is down here with the history fair - an award winner from my area. Please welcome Natalie to the Senate.

Thank you, Mr. President. A point of personal privilege.

I have a young lady here with me today, a constituent of mine. She’s a Page for -- for a Day. Her name is Allison Ramsey. She’s a seventh grader in Augusta, Illinois, at the Southeastern School District and I’d like the Illinois Senate to welcome her to Springfield.

Thank you, Senator. This -- this is a bill that I passed out of here several years ago and it went over to the -- last year; it went over to the House. They amend the bill. This is on economic development bill that happens all over the State of Illinois. This -- this is nothing different than the rest of the State of Illinois has got, except -- this bill takes fourteen counties, has twenty-one -- board members and a two-hundred-and- fifty-million-dollar bonding money. But in this bill, it has no moral obligation bonds or no enterprise zone. That is the major issue that came back on this bill, and this bill passed out of the House -- out of the Senate with majority of people voting on it. So, this is the change on this Senate Bill. And River Edge Redevelopment Zone is a river bill that they’ve tacked on this bill and this bill contains to Senator Clayborne and he’s gonna talk on that and if there’s any questions on that, he understands that a lot better than I do. So, if -- if there’s any questions, I’ll be -- try to -- glad to ask {sic} ‘em.

It’d be backed probably by the person that puts his name on the line for the jobs or bond. The State will not be liable for this.

There’s no ability on this bill to -- for a taxation to be taxed.

It would be the sole owner. And there is -- prohibitions on taxing where they can go out and tax.

It says here, the Authority shall have no levy to tax.

Yes, I want to respond and say this is a good bill. I think revenue bill allows the ability to make sure the Authority has a revenue stream to support the bonds, because I know my colleagues on the other side and on this side, too, are concerned about some of the moral obligation bonds that have defaulted and the State has to step in. As far as the River’s Edge, this is just a -- a -- a mechanism by which we’re going to do a pilot program to target some of our most needy -- neediest communities to try to clear up some of the environmental concerns and try to make that property productive so that the taxpayers can benefit from it. I commend Senator Forby and would recommend your support.

Thank you, Mr. President, Members of the Illinois Senate. I stand in support of Senator Forby’s legislation. As Chairman of the Committee on Commerce and Economic Development, it’s about time that the Illinois Senate puts its money where its mouth is and try to bring some economic vitality and prosperity to southern Illinois. My good friend from Franklin County has worked arduously to bring jobs and economic development and prosperity to those who are less fortunate. To my colleague on the other side of the aisle who said this is a half a bill or a half a loaf, well, a half a bill or a half a loaf is better than no bill or no loaves at all for southern Illinois. I ask all Members, especially Members on this side of the aisle, in support of economic development and jobs and progress for southern Illinois and for my good friend, Senator Forby.

Thank you, Mr. President. To the bill: Ladies and Gentlemen of the Senate, there was a great deal of confusion in the Revenue Committee today about what’s actually in the bill and that confusion, I think, has rippled through to our conversation on the Floor. Several speakers, particularly folks on the Republican side of the aisle, have raised concerns about the power of taxation and the power of eminent domain given to the 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Southern Illinois Economic Development Authority in this Act. I ask you to take another look at the bill, because I do not think your concerns are warranted. I would be happy to be told I’m wrong if you have something else, but let me call your attention to several provisions. On page 17, Section 5-65, “Taxation prohibited. The Authority shall have no right or authority to levy any tax or special assessment…” I don’t believe your concerns that an unelected body will have the power to tax is applicable. I’d be happy to be told otherwise, but my reading of the bill says just that. On eminent domain, there is no reference in this bill to eminent domain or condemnation. It simply grants to the Authority the power to acquire property or an interest in the projects. You can find that on page 9, Section 5-30(a)(8) and in a separate Section on -- limited to acquisitions generally on page 15, Section 5-50. The concerns that you raised would be valid if that is in fact what the bill did. That’s not my reading. I do not believe that the Development Authority has the power to tax or any condemnation authority. I’d ask you all to take that under advisement as you consider whether to vote Yes or No on this bill. Thank you, Mr. President.

Thank you, Mr. President. I rise in strong support of Senator Forby’s bill. This is -- this is the kind of bill why I came to the Legislature. It gives river towns, communities in distress, the chance to pick themselves up by their bootstrap, and I encourage my friends on the Republican side of the aisle to give an affirmative vote.

Yes.

Yes, it is five years, and my answer is yes.

This a bill is all about work - Southern Illinois Economic Development. This bill is not any difference {sic} than the rest of the bill in the State of Illinois. There’s several people on the other side of the aisle has this same bill. This never was brung up and it never was a problem. Why should it be a problem in my district? All I’m trying to do is put people to work. If people has a problem with it, I think that’s wrong. I’ll ask for a favorable vote. 14  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006

Point of announcement, Mr. President.

Thank you, Señor Presidente del Senado, Emilio Jones. On behalf of the -- Senator Cronin asked where did these hats come from, and I’m about to tell you, Senator Cronin, and the rest of the Body. The Illinois Legislative Latino Caucus is sponsoring and inviting everyone in the house to our annual Cinco de Mayo celebration today, cosponsored with the Automobile Dealers Association, at 5:30 today at 300 West Edwards. There will be a flyer that will be going around. So that we will have a festive occasion and celebrate appropriately with the Illinois Latino Caucus and Cinco de Mayo. Gracias, Señor Presidente.

15  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Thank you, Mr. President and Ladies and Gentlemen of the Senate. I want to ask you -- wish to ask you to concur in House Amendment No. 1 to Senate Bill 49. The amendment essentially becomes the bill and addresses a number of unintended consequences which occurred as a result of the pension reform legislation, commonly known as Senate Bill 27. Specifically, it sets procedures for calculating, reviewing and collecting certain employment -- employer contributions based on excess salary. I think we all recall a number of well-documented cases where teachers and administrators took advantage of the previous law and had enormous end-of-career bonuses and salary increases, which would -- which would consequently result in tremendous outlays from the State for those end-of-career salary increases. This provides that when assessing a payment for -- when an employer has to make those contributions, both the State University’s Retirement System and the Teachers’ Retirement System has to make certain exclusions. This additional flexibility is designed to continue to encourage professional development and -- and enable school districts to meet their respective needs. Finally, it establishes some reporting requirements and a five-year sunset. I’d be happy to answer any questions.

Thank -- thank you. Senator -- Senator Lauzen, and to the others who lack your courage in directly addressing a question to me, what I’ll say in this regard is as follows: The underlying principle behind the changes that were made last year and this subsequent measure which addresses the -- some of the unintended consequences which occurred is that there are no restrictions on salary increases that can be offered by school districts. The change in the law which occurred, the guiding principle of the reforms last year, which are addressed through this as well and maintained by this legislation as well, is that there’s no limit on what districts can do. Many bargaining units sought to exercise a certain amount of “truthiness”, as Jon Stewart would say, and suggests that we put a six-percent cap on the amount that people could receive for their increases at the -- in the last four years before their retirement. What we sought to do was redistribute the subsequent -- we -- to redistribute the burden for how to pay for those end of -- end-of-career salary 18  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 increases. As far as the 1995 pension law is concerned, I’ll be very brief, because I’ve addressed this previously. I’ve sat on both of the Governor’s pension reform commissions and we’ve heard exhaustive testimony to the fact that for the first ten years of the ’95 law, while it was laudable and that it set a set schedule on the payments, nonetheless, it had an artificially high ramp after those ten years. For those first ten years, there wasn’t enough money going in, even with the set schedule, and then there was a dramatic ramp going upward, and all that while, there was no calculation, no indexing, no tie to economic conditions. So that when the State’s economy was doing better, for example, in the end of the 1990s, turn of the century, we should have been receiving hundreds of millions of dollars more if we had indexed in the ’95 law to economic conditions. We should have had hundreds of millions of dollars more going into the retirement systems so that the unfunded liability wouldn’t be as great. The 1995 law, in short, had some inherent flaws to it, while it did have some laudable features. There’s always room for improvement. This was a twenty-five-year problem in the making and this is a corrective measure which I urge you all to support.

Thank you. If I may address something that the previous speaker had made, personally I take far greater offense at the 1.8-billion-dollar cost overrun that was never accounted for from the early retirement initiative for State employees during the last year of the Ryan administration, which has exacerbated a problem that we all know developed over a twenty-five-year period. In short, Mr. President and Ladies and Gentlemen of the Senate, labor and management supports this. The Teachers’ Retirement System supports this. We should allow women who take -- who leave the teaching profession to have a family and then come back, we should allow them to be able to get back on their - - on the same schedule that they had originally started. We should allow school districts that find that because of increased populations that they have to add additional sections of a specialized class, we should let them do this without having to hire additional personnel. We should allow school districts and those who teach there and those who run those systems, we should allow them to be able to continue to respond to our children’s 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 educational needs in a fiscally responsible manner. Let’s clear up these unintended consequences and vote Aye.

Thank you, Mr. President. What I’d like to do is read into the record the -- sort of -- for the purposes of legislative intent, some of the information that I think would be useful and productive regarding Senate Bill 94. So, if you can indulge me for a few minutes. The corporate authorities of municipalities and counties are primarily lawmakers -- lawmaking bodies that operate through the political process. Their legislative decisions have traditionally been subject to de novo judicial review. While accepting the Supreme Court’s analysis regarding the character of the special use permit process, the General Assembly notes that quasi-judicial proceedings are to be reviewed on the record, which in turn requires such proceedings to be conducted in the manner of a mini-trial. Given their essential legislative character, the corporate authorities of municipalities and counties are not well suited to -- conduct mini-trials. In order to promote the efficient and effective 22  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 governance of municipalities and counties, the General Assembly hereby adopts Senate Bill 94. Senate Bill 94 is not intended to question the essential conclusions in Klaeren regarding the legal character of special use permit decisions or due process, but it provides that any special use decision made by a municipality or country -- county shall be treated as legislative decisions subject to de novo judicial review. To provide uniformity in the statutes, Senate Bill 94 also provides that any variance, rezoning, or other amendment to a zoning ordinance shall be treated as legislative decisions subject to de novo judicial review. In conclusion, Senate -- Section (b) of Senate Bill 94 is inserted merely to reflect the existing due process protections that have been an -- an integral part of the zoning process for the past forty years. While it confirms that public bodies are to conduct their proceedings in a fundamentally fair manner consistent with principles of due process, it is not intended to require public hearing at every stage of the zoning process. Thank you for your indulgence.

PRESIDING OFFICER: (SENATOR HENDON) The -- the Chair would appreciate succinct descriptions and explanations, as well as questions. Are there any questions? Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) Thank you. Leader Watson.

PRESIDING OFFICER: (SENATOR HENDON) It -- it is my intention to allow you to have full discussion, as much as is required and as much as necessary, Leader Watson. Senator Wendell Jones.

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1 to Senate Bill 94. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 to Senate Bill 94. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 185. Senator Silverstein. Madam Secretary.

PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.

Mr. President, this amends the District Act to authorize the district -- the Water Reclamation District commissioners to set compensation for officers and members of the board elected in -- in 2006 and thereafter.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendments No. 1 to Senate Bill 185. All those in favor will vote Aye. Opposed, 24  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 vote -- Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 4 voting Nay, 1 voting Present. The Senate concurs in House Amendments No. 1 to Senate Bill 185. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 279. Senator Haine. Madam Secretary, read the bill -- read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

Yes, Mr. President, Ladies and Gentlemen of the Senate, House Amendment No. 1 authorizes -- it extends the sunset of the Dental Practice Act. It authorizes a widow or an executor of a dentist’s estate, either deceased dentist or a disabled dentist, to practice -- to -- to continue a practice in the event of the dentist’s death or incapacitation for up to one year.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator John Jones.

PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? This is final action. The question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 279. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 1 and No. 2 to Senate Bill 279. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 304. Senator Sandoval. Madam Secretary, please read the 25  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.

Thank -- thank you, Mr. President, Members of the Illinois Senate. Senate Bill 304 represents cleanup language from last year’s predatory lending bill, House Bill 4050. And it’s at the request of those in the title and home consulting industries. The cleanup language -- the cleanup work that we are doing is initiating an inception date of September 1st, 2006. We’re also creating civil immunity for the housing counselors. And thirdly, we are providing a compliance certificate that shall be attached with the mortgage instead of two separate filings. I’d ask your favorable consideration this afternoon.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Rutherford.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments No. 1 to Senate Bill 304. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 1 to Senate Bill 304. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 859. Senator Maloney. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) 26  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Senator Maloney.

Thank you, Mr. President. We recently passed the bill out of the Senate, Senate Bill 859, that allows a teacher’s or administrative certificate to be suspended or revoked if they failed to disclose the information on their job application regarding past arrests or conviction of sexual offenses. The amendment simply removes a provision that would allow regional superintendent or State superintendent to suspend an individual prior to a hearing. Just as under current law, a hearing would be required before the certificate would be suspended. I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendments No. 1 to Senate Bill 859. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 1 to Senate Bill 859. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 860. Senator Demuzio. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

Yes, thank you, Mr. President. Senate Bill 860, House Amendment No. 1, this Amendment retains the major provisions of the bill while adding a preamble and making minor changes, many of which are clarifications. Specifically, House Amendment No. 1 -- clarifies that ISBE may approve more than one entity to provide training or principal -- mentors. It also requires ISBE to facilitate rather than conduct a review of the mentoring program. It also requires that regional superintendents be involved in the design process for a master’s principal 27  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 designation program. It also specifies the groups to be represented -- represented on the Illinois Administrators’ Academy Review Task Force. It also requires that an individual performing a principal evaluation must hold an administrative certificate and it also does some other changes.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendments No. 1 to Senate Bill 860. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 to Senate Bill 860. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 861. Senator Harmon. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 861, as passed by the Senate, amended the Private Business and Vocational Schools Act to permit a school to submit a certificate of deposit in lieu of a performance bond. The House has amended the bill to add additional protections for the State in the event that a certificate of deposit is presented, along the lines that the State Board of Ed would have a first priority perfected security interest in the certificate of deposit and no other party would have any claim to that. These are good additional protections. I’m not aware of any opposition, and I move that we concur in the House amendment.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. Senator Cronin.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 861. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 1 to Senate Bill 861. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 929. Senator Forby. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.

Thank -- thank you, Mr. President. House Amendment No. 1 and House Amendment No. 2 to Senate Bill 929. House Amendment 1 changed incorporation sums of -- energy federal relation issues - - this year regulation of breathing device -- that all breathing device used in the mine a minimum of one hour oxygen for one person. House Amendment No. 2 requires that mining boards establish a plan for a daily inspection for most breathing device in the mines to ensure the work -- the workers in the mines. This is the two amendments coming back from the House. I’ll ask you to concur to this motion.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Risinger.

PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? This is final action. The question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill -- I mean, 929. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are -- 57 voting Aye, 1 voting Nay, none voting Present. The Senate concurs to House Amendments No. 1 and No. 2 to Senate Bill 929. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 1183. Senator Crotty. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

Thank you very much. Senate Bill 1183, when it passed out of here, there was some discussion on whether or not we were lessening the child support payments of ten thousand or -- I mean, ten dollars or under. And I had said that in the House I’d 30  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 make sure that that was clarified and House Amendment No. 1 does that. It still retains the original bill. It -- reinstates current law that requires a court to assess a minimum child support payment of ten dollars on noncustodial parent, regardless of the parent’s net income, and modifies the provision so that any order must comply with the federal requirements.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur to House Amendment No. 1 to Senate Bill 1183. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 1183. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 1445. Senator Link. Senator Link. Madam Secretary, please read the motion on Senate Bill 1445.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link, on Senate Bill 1445, to explain. Senator Link.

Thank you, Mr. President. This is the elections bill for this year. Basically, what this does is -- this bill, the highlight of it is, is that the early voting and the absentee voting will now be centrally counted instead of counted at the precinct level. There will also be changes in the -- when a person votes an absentee, and their vote -- vote is -- or early voting and their vote is not counted for some reason or not, there will be a provision in there to where they can challenge it. This is -- comes from a court case held in Lake County. They will have a fourteen-day period in which they can contest this result. There also will be -- every county clerk will -- or election authority will be doing a report on all early voting and absentee voting daily to let them know who has voted. That’s 31  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 basically the highlights of this. I’ll be more than happy to answer any questions pertaining to this bill.

PRESIDING OFFICER: (SENATOR HENDON) Randy Squires seeks leave to photograph the proceedings. Is leave granted? Leave is granted. Any discussion? Senator Axley.

PRESIDING OFFICER: (SENATOR HENDON) Further discussions? Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Yes. Senator Althoff, if you remember last year when we did this bill, I was the person that put this in originally in this bill that there would be some kind of record indicating on who was paying for these types of calls and this record would be kept. Then there was this provision this year to put in there that there would be disclosure of who was paying for this, and I 32  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 think that we could probably even go a little bit further. And I will have that commitment to you that I will work to continue to make this even stronger, because I think that all candidates -- or all people - citizens - should know who’s making these types of calls.

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Wendell Jones.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Roskam.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

First of all, to give you a little bit of history on this thing and a -- there’s a hundred and two counties in the State of Illinois. A hundred and one counties always counted at a central location. They counted within the counties, including your county of DuPage. All those ballots were distributed at the -- taken from the precinct level, brought to a central location to be counted at that central location. Modern technology caused us to allow to be counted at the precinct level, but those ballots then are still transported to be reconfigured at the county building, or in your case, the DuPage County Election Authority, or whatever election authority that’s in charge. Lake County was that example, the same thing, we always counted ‘em at the courthouse. This has been a process that’s been going on for years. What we are doing right now is still -- in Cook County and every other county, the people that vote on Election Day in the precincts will still be counted at the precinct level. They will be counted there. But to stop the confusion of various types of machines being used for these people on the early voting, absentee voting and the confusion that occurred - besides the new system that happened in Cook County, was the types of those absentee votings trying to migrate at the precinct level - they will all be counted at the -- the election authority, either the county clerk or the Chicago Board of Elections. They will be counted there. What you will have is a cleaner, clearer count. Then the totals will be migrated with the precinct totals so that they will be able to be told what precinct five in ward nineteen has that evening. So, they still will know, they will have it that evening, you will have a better cleaner count than you had before. 34  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR HENDON) Senator Link, to close.

Thank you, Mr. President. As I indicated, we had a hundred and one counties that didn’t have this difficulty. We had a new system. You had a new system, a new way of counting, a new -- and a lot of new things in Cook County that occurred and unfortunately you had a lot of problems that happened on election day. I think they have corrected these situations. But if you look here, you have the County Clerks Association, you have every election authority as a proponent of this piece of legislation to make this system work a lot better. I think that what we have to do is entrust the people that know. We sit here in this Body and we always say let’s look to the experts, let’s look to the individuals that know what they’re talking about and trust them in what they’re doing. Well, we’re entrusting the election authorities on what they feel is best. And the election authorities are the people that we worked very closely with on this election bill. They entrusted. They want the central location. We went through a election procedure this last March. It did work. It will work better in the November election with central counting. I ask for an affirmative vote on this to make 35  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 November a lot easier election for all of us. Thank you.

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1 and No. 2 to Senate Bill 1445. Those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 voting Aye, 16 voting Nay, and none voting Present. The - - the Senate concurs to House Amendments No. 1 and No. 2 to Senate Bill 1449 {sic} (1445). And the bill, having received the required constitutional majority, is declared passed. The Chair would appreciate succinct explanations and questions. Senate Bill 1682. Senator Harmon. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Thank you, Mr. President. I’m not sure this one is -- lends itself to a succinct explanation, but I’ll do my best. Senate Bill 1682, when it left the Senate, was a relatively modest attempt on my part to reform the way we present ballot questions in -- in referendums - to simplify the language and make it more understandable. About the same time I passed this bill out of the Senate, Representative Tryon in the House was working on a separate initiative to close a loophole that was permitting taxing bodies to exact far greater tax revenues than they told the voters. It was a -- an issue highlighted by the Daily Herald at some length. Also at the same time, Representative Jack Franks was working on a bill to provide for more disclosure on the ballot - commonsense, understandable disclosure of the consequences of a referendum passing. Over the last twelve months, we have worked very hard to bring those three concepts together and negotiate a very good bill. In the end, it does just that. It reforms the way we ask the questions so that it’s more understandable to the voters. We closed the loophole that the Daily Herald identified and we -- we limit the ability of 36  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 taxing districts to exact more than they told their voters they would, and we are providing for uniform disclosure on the ballots of supplemental information. I’ve worked closely with Senator Althoff and I appreciate her help, and with the amendments in -- in the House, I believe we’ve eliminated all objections to the bill. I would ask you for your Aye votes so we can put this bill to rest.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1, 2 and 3 to Senate Bill 1682. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 1, 2 and 3 to Senate Bill 1682. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 1827. Senator Harmon. 37  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. When Senate Bill 1827 left the Senate for the first time, we were amending various provisions related to guaranteed energy savings contracts. These are contracts for energy- efficient improvements by public bodies that can be financed then by the savings those energy-efficient installations will generate. The two changes that were of most importance at the time were including park districts and making uniform the window within which those costs could be recovered to twenty years. The House offered amendments that added input from the architects and others relating to building codes, licensed architects and competitive selection. With the House amendments, we have improved the bill and eliminated all opposition that I’m aware of. I’d ask for your Aye votes.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Risinger.

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

Sponsor yield, Mr. President?

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Haine.

Yes, Mr. President, I have three questions for the purposes 38  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 of legislative intent, if I may ask the sponsor. The first question is, in -- in the amendment, there’s a number of State laws listed as applying to these projects, including the Prevailing Wage Act, the Procurement Code, the Freedom of Information Act, the Local Government Professional Services Selection Act and others. You are not saying, Senator Harmon, with this bill that these laws do not now apply. You are simply making it clear that they do apply. You’re reiterating that. Isn’t that correct?

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Yes, that is correct.

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

Thank you, Mr. President. My second question is, from the committee hearing, it was stated that school districts must also follow similar procurement laws, but they are not referenced in the bill the sponsor has before this Body; therefore, my question is, it is not your intent, Senator Harmon, with this bill to say that energy performance contracts are currently exempt from the Prevailing Wage Act, the construction bidding requirements of the School Code, or the Local Government Professional Services Selection Act. Is that correct, sir?

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Yes, that is correct.

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

Thank you, Mr. President. My last question is, there’s an understanding that there’s an agreement to work on a companion bill next year that will address K through 12 schools and it is not the intent of this bill, by a lack of reference to these schools, to exempt them from existing procurement requirements. Is that correct, Senator Harmon?

PRESIDING OFFICER: (SENATOR HENDON) 39  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Senator Harmon.

Yes, that is correct, and thank you, Senator Haine, for asking those very thoughtful questions.

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 1827. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The House concurs in -- House -- the Senate concurs in House Amendments No. 1 and 2 to Senate Bill 1827. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2170. Senator Garrett. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett, on -- Amendment No. 2 to Senate Bill 2170. Senator Garrett.

Yes, thank you, Mr. President. The amendment basically requires that hospitals supply a physician certification statement when patients are leaving the hospital just to better understand if the patient is required to take a -- an emergency ambulance or a medical vehicle that will not be covered through insurance.

PRESIDING OFFICER: (SENATOR HENDON) Is there discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 2 to Senate Bill 2170. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 2 to Senate Bill 2170. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2199. Senator Crotty. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

Thank you very much. On -- House Amendment No. 2 basically does two things. It abolishes a nonfunctioning board, which is the Interagency Alcoholism and Other Drug Dependency Board, while at the same time it strengthens the existing board, which is the Illinois Advisory Council on Alcoholism and Other Drug Dependency. Additional representatives of related departments will be appointed to that Council and it will be required to meet quarterly and report on an annual basis to the General Assembly regarding its activities and its recommendations. And then the other part of the amendment clarifies in statute that the Department of Human Services has the authority to license recovery homes and more clearly specifies the categories of residential treatment that are currently licensed in DHS.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) 41  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Further discussion? Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Syverson.

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

That’s correct, Senator.

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The -- the question is, shall the Senate concur to House Amendment No. 2 to Senate Bill 2199. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 2 to Senate Bill 2199. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2202. Senator del Valle. Mr. Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator del Valle.

Thank you, Mr. President. I move to concur with House Amendment No. 1. The amendment indicates that the student teaching portion of -- of the practical experience for obtaining an early childhood education certification may be satisfied 42  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 through placement in any grades pre-kindergarten through five years of age. And also, it indicates that paraprofessionals with at least one year of experience in a school or community-based early childhood setting, where enrolled in the early childhood teacher preparation programs, may be paid and receive credit while student teaching. The purpose here is to allow individuals who are working on their degree and working at a childcare site - - early childhood site, as well as individuals who are already teachers but are working on their certification for early childhood and other individuals who are teachers’ aides and others who are working towards an early childhood certificate, to be able to do their student teaching at the location where they work.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Cronin.

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1 to Senate Bill 2202. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 2202. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2328. Senator Martinez. Mr. Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez. 43  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006

Thank you -- thank you, Mr. -- Mr. President, Members of the Senate. House Amendment No. 1 to Senate Bill 2328 actually simply rewrites the underlying bill and it -- it passed this -- this Chamber where I -- the -- it provides Medicaid subject to availability of funds to a person who meets income eligibility standards. Amendment -- House Amendment No. 2 amends the Public Aid Code to establish the Assets for Independence Program in accordance with specific terms of related federal Assets for Independence. And Amendment No. 3, it amends the Department of Human Services to implement another new initiative related to federal grant programs. It requires DHS to implement and administer the Illinois Step for Attaining Higher Education through Academic Development Fund program to provide educational services and post-secondary educational scholarships for low- income middle and high school students.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Radogno.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez, to close.

Thank you, Mr. President and Members of the Chamber. Just to actually talk about -- little bit about why these two amendments were added on. One of the things that I think this administration has said over and over, that we need to capture federal dollars and this is exactly what this is doing. This is actually capturing over a million dollars on one -- for Amendment 45  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 No. 2 and also capturing 3.5 million dollars from the federal government over the course of six years which would amount to twenty-one million dollars. And I think anytime we can go ahead and try to capture some resources from the federal government, we got to give it a shot. And these programs that are actually being implemented in this piece legislation will serve the whole entire State. One of the programs that actually will -- will initiate in this -- with this 3.6 million dollars is one of the things that are very important, which is a Teen REACH program. The Teen REACH program is all over the State, down in Morris, Illinois, Decatur, Illinois, East St. Louis, Freeport, Round Lake, Hopkins, Springfield, South Holland and Chicago. So, anytime we can capture some dollars from the federal government and try to make it work so we can expand the services, this is a good piece of legislation, and I urge an Aye vote.

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1, 2 and 3 to Senate Bill 2328. Those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 voting Aye, 21 voting Nay, 1 voting Present. The Senate concurs to House Amendments No. 1, 2 and 3 to Senate Bill 2328. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2368. Senator Raoul. Mr. Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move to concur with House Amendment 1 to Senate Bill 2368. As -- the underlying bill, as originally passed out, had unanimous -- unanimous support of the Senate; however, there was opposition from the Fraternal Order of Police. We addressed -- House Amendment 1 addresses some of those concerns. It reduces 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 the size of the oversight board from twenty-eight members to fifteen. It delays the implementation of the over -- Racial Profiling and Oversight Board and provides that the Board shall, no later than April 1st of each year, report on its activities during the previous year. I…

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2368. Those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 2368. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2570. Senator Garrett. Mr. Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett, on Senate Bill 2570.

Thank you, Mr. President. Really what this concurrence does is for condominium owners -- for condominiums that are being sold and have past assessments that haven’t been paid, we are going to require that the new owner pays up to six months. But with that, this bill says that we have to include a statement of unpaid assessments or other charges so the owner understands that and that we must -- the owner must pay the proportionate share of the common expenses for the unit which were due in the absence of any assessment acceleration during the six months immediately prior to the filing of a collection action.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments No. 1 and 3 to Senate Bill 2570. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the 47  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 record. On that question, there are 49 voting Aye, 7 voting Nay, none voting Present. The House -- the Senate concurs in House Amendments No. 1 and 3 to Senate Bill 2570. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2673. Senator Raoul. Mr. Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move to concur to House Amendment 1 of Senate Bill 2670 {sic}. It just adds a hospital to who can act under a -- disposition of remains form. I urge your support.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendments No. 1 to Senate Bill 2673. Those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 2373 {sic}. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2726. Senator Viverito. Mr. Secretary, please read the motion to Senate Bill 2726.

PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito, to explain your motion.

Thank you, Madam -- I mean, Mr. President. All right. Let’s not be funny now. Mr. President, this amends the Line of Duty for Compensation for those that were killed in the line of 48  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 duty and it clarifies it and everyone is on board. We’ve discussed this before and this will make it quite easier for those individuals that want to designate who they want to get if -- if they were -- died in -- in military. They will know the deceased will get the proper amount of money coming to them.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator John Jones.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator John Jones.

PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito.

Senator, I’m very happy that you asked that particular question because this is exactly what it’s going to do. It’s going to clarify those individuals that have been delinquent, those individuals that did abandon their children and left, like in the case that you’re talking about. And this will be available and designate the available -- how the certification will work in the future and I believe that’ll never occur if we get this passed.

PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones. 49  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Viverito.

…Senator, and I do feel that the Lieutenant Governor Pat Quinn worked very diligently on this as well, and you know of his involvement with the veterans as well, and I do feel strongly that those individuals participating and our concern for our veterans. And I hope for a Yes vote.

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall the Senate concur to House Amendment No. 1 to Senate Bill 2726. Those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 2726. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2795. Senator Shadid. Mr. Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Shadid.

Yeah, thank you, Mr. President. I want to concur with the amendment to Senate Bill 2795. Some of the dual districts would not have been able to operate at a unit district rate if they consolidated. They were worried that under the old version, they 50  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 might have to. So, this -- so what this version does is to restore some EAV requirements, basically saying that if the dual districts really could not be viable if they consolidated, they’re just not going to be able to consolidate. This does not take away any options that those districts have now and does not change or eliminate any existing tax limits for school districts. And I would appreciate support.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, this is final action. The question is, shall the Senate concur to House Amendment No. 1 to Senate Bill 2795. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The House -- the Senate concurs to House Amendment No. 1 to Senate Bill 2795. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2841. Senator Sullivan. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan. 51  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006

Thank you, Mr. President. Senate Bill 2841 with House Amendment No. 1 makes some really technical changes to the bill. It passed out of here 55 to nothing. It defines “amenable” as foods containing three percent or more -- or two percent or more cooked, red meat or poultry; prohibits a “meat broker”, “poultry broker” or “meat and poultry broker” from processing any processing equipment in a facility; redefines a “processor”; -- prohibits late license applicants from operating their establishments until the fees are paid; and requires Type II establishments to stamp “NOT FOR SALE-NOT INSPECTED” on all products. I’d be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments No. 1 to Senate Bill 2841. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendment No. 1 to Senate Bill 2841. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2872. Senator Harmon. Mr. Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, to explain amendment on Senate Bill 2872. Senator Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. When Senate Bill 2872 left the Senate, it provided for the continuation of the tax exempt status of certain public properties in the City of Chicago owned either by the City or the Chicago Park District, in particular several parking garages, three municipal waste recovery facilities and Midway -- Airport. It would provide for the continuation of the tax exempt status of 52  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 those properties in the event that any of them were leased to a private concessionaire pursuant to a long-term concession agreement. The House amended the bill to provide additional protections in the event that such a -- a concession lease were ever executed, and they have added to the bill the Local Government Facility Lease Act, which provides a variety of important protections, in particular with respect to any sort of a concession at Midway. It would limit the expansion of the airport property, would require that ninety percent of the proceeds from the Midway transaction be used for either capital improvements or for pension obligations. It offers significant labor protections for current municipal employees and it also mandates that relevant MBEWBE requirements be applicable to any concessionaire. With -- with those amendments by the House, I am not aware of any significant opposition to the bill, and I would ask for your support of my motion to concur.

PRESIDING OFFICER: (SENATOR HENDON) Is there discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Lauzen.

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

It would be the same value that it is right now today. And my understanding of the nature of such transactions is that they would not proceed in an environment where the property were taxable. So, it’s a question of the status quo versus the status 53  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 quo in that scenario. For these sorts of transactions to be successful, and the reason the City sought the tax exempt status to begin having legitimate conversations, is to ensure the -- the -- the -- the -- the nature of the pricing and to create a -- a solid foundation for that sort of a transaction.

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Roskam.

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

The limitation is with respect to proceeds being used for capital and pension contributions. And I had not thought of that question. I have to take a look at the bill here if you’ll indulge me for a moment.

PRESIDING OFFICER: (SENATOR HENDON) Senator Roskam.

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Again, not trying to muddy the waters, but I want to be clear for everyone that O’Hare Airport is expressly excluded from this bill for the stated purposes of what the bill is doing. The restriction with respect to the use of proceeds is more general 54  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 than that. It provides a limitation to the construction and maintenance of infrastructure within the municipality. I -- I am not aware of any intention or expectation that those proceeds would be used in that fashion.

PRESIDING OFFICER: (SENATOR HENDON) Senator Roskam.

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

I -- I am not aware of any such intention, nor any such limitation.

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Question for the sponsor. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will.

Senator Harmon, does -- does the amendment provide any provisions or -- legal guidelines for how proceeds are to be distributed in -- in ways unrelated -- directly unrelated to the -- the asset itself? In other words, are changes in the law necessary to distribute the proceeds for spending other than Midway Airport itself?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Schoenberg, were you asking a question? Go ahead. Senator Harmon.

I apologize if I’m misconstruing your question. It is a general limitation to the use of proceeds for infrastructure 55  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 within the municipality or contributions to pension funds created for municipal employees. It is not related to infrastructure improvements within the facility itself that generated those revenues.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Schoenberg.

But it is possible to spend proceeds in other areas besides the airport itself?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Yes, I believe that is correct.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Schoenberg.

Thank you. As long as it -- so that I understand, as long as it occurs within the jurisdiction that actually has ownership of the asset. That’s correct?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

That is correct and that would be either the City of Chicago or the Chicago Park District, depending upon which facility was being subject to the -- the concession agreement.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Schoenberg. Okay. Is there any further discussion? Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

I certainly understand the -- the -- the market is sophisticated enough to set pricing based on whatever underlying tax environment exists. My understanding is this, that -- that the assumption without the -- the legislative action is that the tax exempt status would continue, but that any potential partner in this enterprise would like legislative certainty, which is why we enact this. Second, my understanding is that the City of Chicago in this case would not pursue such a transaction in the event that it were priced, assuming that the property were taxable.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Just to respond very briefly to that. First of all, to -- to counteract the -- the suggestion that that’s somehow sinister, the value that would be captured by the City would be captured on behalf of the taxpayers, the same folks who paid to build it. And second, this is not setting precedent, that precedent has already been set with the skyway transaction.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Cullerton.

Yes, would the sponsor yield for question?

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

Senator, I assume that if the City would proceed with -- in selling the Midway Airport, that the police and fire services, which are provided for them now, would continue, right? Because it would still be, obviously, part of the City - privately owned, and the police and fire would still have the same obligation to provide services to the airport?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

That -- that is my understanding and I’ve heard nothing from the City of Chicago to counter -- contradict that assumption.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton. Is there any further discussion? If not, Senator Harmon, to close.

I’d ask for your Aye votes.

PRESIDING OFFICER: (SENATOR HALVORSON) 58  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 This is final action. The question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 2872. 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 43 Yeas, 12 voting Nay, none voting Present, and House -- Senate concurs in House Amendment No. 2 to Senate Bill 2872. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 3016. Senator Dillard. Mr. Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard, to explain your motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 3016. All 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 57 Yeas, none voting Nay, none voting 59  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Present. And the Senate concurs in House Amendment No. 1 to Senate Bill 3016. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 3018. Senator Cullerton. Mr. Secretary, please read the motion.

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

Yes, thank you, Madam President, Members of the Senate. The bill, as it passed the Senate, created the offense of sexual misconduct with a person with a disability. The House made a couple of changes, really more technical in nature. They clarified that the -- since the intent of the bill was to apply only to the employed caregivers of a person with a disability, we were talking about those who are receiving residential services from the community agency. And the second change was to clarify that it was a person with a -- a mental disability for -- for which this bill would apply. No controversy. I’ll be happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 3018. 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 56 Yeas, none voting Nay, none voting Present, and the Senate concurs in House Amendment No. 2 to Senate Bill 3018. And the bill, having received the required constitutional majority, is declared passed. Senator Harmon, for what purpose do you rise?

Point of personal privilege, Madam President.

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

My -- my intent was to vote Aye on that last bill. I just 60  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 didn’t have a chance to flip my switch. I’d like the record to reflect my intent.

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you. The record shall so reflect. We’re now going to Secretary’s Desk, Non-Concurrence of House Bills. And it will be House Bill 4298. Senator Jacobs, do you wish to proceed? Please read the motion, Mr. Secretary.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.

This bill will allow the -- this amendment will allow the Senate to set up a task force to look at different ways that states -- different states handle the issue of sexual abuse. We found that in Iowa they’ve made up some -- some rules that have put us at a disadvantage, and we want to make sure that the states around us all have a -- a level playing field. This’ll be a -- a study group, they’ll go through the summer and then report back to the Legislature with its findings.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate recede from Senate Amendment No. 1 and 2 to House Bill 4298. All 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 55 Yeas, none voting Nay, none voting Present. And the Senate recedes from the Senate Amendments No. 1 and 2 to House Bill 4298. And the bill, having received the required constitutional majority, is declared passed. Continuing on the Supplemental Calendar No. 1, turn back to the front page. There are three resolutions. Senate Resolution 664. Senate Resolution 701. Senator Maloney. Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney.

Thank you, Madam President. Senator -- Senate Resolution 701 came about as a result of a hearing we had last summer relative to the graduation retention rates in higher education in the State of Illinois. It was made clear there was sufficient evidence to question the -- the rates because of lack of information. There is -- majority of the students in this State now attend more than one institution of higher education. The communication between those institution is very often not available. So to deal with issues that help with the most effective college preparation, the -- accurate data related to the graduation and retention rates, this resolution calls for a coordination of that effort among the higher education institutions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, it’s the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call vote must be taken. Those in favor of Senate Resolution 701 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 57 Yeas, none voting Nay, none voting Present, and the resolution is adopted. Senate Resolution 707. Senator Althoff. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Althoff moves the adoption of Senate Resolution 707. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Do-si-do. Senator Sullivan, for what purpose do you rise?

Point of personal privilege.

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

I have another guest here today. It’s actually the grandfather of this young lady sitting beside me. His name is Bill Brattain from Macomb, Illinois. He’s in the gallery above me here, and he’s also a member of the Illinois Arts Council. I’d like the Senate to welcome him to Springfield as well.

PRESIDING OFFICER: (SENATOR HALVORSON) Will our guest in the gallery please rise? Welcome to Springfield. Senator Crotty, for what purpose do you rise?

Thank -- thank you very much. I, too, have a -- a young lady here with me today on the Senate Floor, and her name is Kelly Blackshire, and her grandmother is Margaret. So, I’d like to welcome Kelly to be here.

PRESIDING OFFICER: (SENATOR HALVORSON) Kelly, welcome to Springfield. Ladies and Gentlemen, with leave of the Body, we will now be taking out the regular Senate Calendar and going to page 13. The Orders of Secretary’s Desk, Senate Bills. At the bottom of page 13 is Senate Bill 2330. Senator Jacobs, I understand you have a motion. Senator Jacobs.

Thank you, Madam Chairman. I move to recede and nonconcur with Senate Bill 2330, Amendment 1 and 2.

PRESIDING OFFICER: (SENATOR HALVORSON) Could you -- Senator Jacobs, could you please clarify that you are moving to nonconcur?

Nonconcur on the House amendments. 63  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs, please explain your motion.

I move to nonconcur with House Amendment No. 1 and No. 2.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter, that is the Order we’re on. Is the…

PRESIDING OFFICER: (SENATOR HALVORSON) …Order. He has chosen to nonconcur on the Order of Concurrences.

PRESIDING OFFICER: (SENATOR HALVORSON) Sure. Senator Jacobs, according to our information from the Secretary, we have just one amendment - it’s No. 1. Is that the wish -- the one you wish to nonconcur on?

For the record, I move to nonconcur on Amendment 1.

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Jacobs. Any additional discussion? Seeing none, Senator Jacobs moves to nonconcur in House Amendment No. 1 to Senate Bill 2330. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. And the Secretary shall so inform the House. To fulfill our responsibilities under Article V, Section 9 of the Constitution, we will now proceed to the Order of Advise and Consent. Senator Hendon.

…President, I move that the Senate resolve itself into 64  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Executive Session for the purpose of acting on the appointments set forth in the Messages of the Governor dated March 16th and April 10th, 2006.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon moves that the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in the Messages from the Governor dated March 16th and April 10th, 2006. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.

Madam President, with respect to the Governor’s Message of March 16th, 2006, I will read the non-salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be members of the State Board of Health for terms commencing March 10th, 2006, and ending November 1st, 2008: Caswell Evans and David McCurdy. To be a member of the Work Force Investment Board for a term commencing March 10th, 2006, and ending July 1st, 2006: Blanche Shoup. Madam President, having read the non-salaried appointments from the Governor’s Message of March 16th, 2006, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of March 16th. All 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 55 Yeas, none voting Nay, none voting Present. A majority of the Senators elected 65  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 concurring by record vote, the Senate does advise and consent to the appointments just read. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.

Madam President, with respect to the Governor’s Message of April 10th, 2006, I would read the non-salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be Public Administrator and Public Guardian of Lake County for a term commencing April 10th, 2006, and ending December 3rd, 2009: Keith West. Madam President, having read the non-salaried appointment for the Governor’s -- from the Governor’s Message of April 10th, 2006, I now seek leave to consider the appointment on a roll call. Madam President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the appointment just read from the Governor’s Message of April 10th. All 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 57 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Senator Hendon.

Thank you, Madam President. I move that the Senate arise from Executive Session.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon moves that the Senate arise from Executive Session. All those in favor will say Aye. Opposed, Nay. The 66  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Ayes have it, and the motion carries. The Senate has arisen from Executive Session. Madam Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Introduction of Bills.

PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions, Madam Secretary.

PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions Consent Calendar. Madam Secretary, do you have any motions on file?

PRESIDING OFFICER: (SENATOR HALVORSON) That will be put on the Calendar. Senator Burzynski, I was waiting for someone to ask. Nobody asked. For the information for the Body, we are waiting for paperwork from the House. We are at ease at the moment. I suggest you don’t go very far. But just for everybody’s information, we are waiting for paperwork. As we all know who’ve been here for very long, that’s what we do 67  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 on the last day. Okay. I didn’t necessarily mean that. The last days. (SENATE STANDS AT EASE/SENATE RECONVENES)

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

PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Messages.

PRESIDING OFFICER: (SENATOR HALVORSON) Rules Committee will meet immediately in the President’s Antechamber. Rules. Rules will meet immediately. (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

Yes, Madam President and Ladies and Gentlemen of the Senate, I move to waive all posting requirements so that House Bill 1918 and House Bill 4451; Senate Resolution 734, 740, 741; and Senate Joint Resolutions 91; and House Joint Resolutions 22, 87, 102, 112, 115, 122 can be heard in Senate committee tonight.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne moves to waive all posting requirements so that House Bill 1918 and 4451; Senate Resolution 734, 740, 741; Senate Joint Resolution 91; and -- House Joint Resolutions 22, 87, 102, 112, 115 and 122 can be heard in Senate committee tonight. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion is adopted. Ladies and Gentlemen, purposes of an announcement. There will be three committees that meet at 6 p.m. - Executive, in 212; Revenue, 400; and State Government, in A-1. Again, 6 p.m. committees, three of them: Executive, in 212; Revenue, in 400; and State Government, in A-1 - at 6 p.m. Senator Burzynski, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski, give me a few minutes and I’ll get right back to you. Senator Burzynski, in answer to your question, what we are going to do is allow you guys to have your caucus, recess for committees and then return to the Senate Floor for Floor action. Senator Burzynski, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HALVORSON) The Senate will stand in recess to the call of the Chair. Again, after committees, the Senate will reconvene for Floor action. The Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR HALVORSON) The Senate will come to order. Will all Members please come to the Senate Floor? Illinois Information Service requests leave to videotape the proceedings. Hearing no objection, leave is granted. WCFN-TV requests permission to broadcast the proceedings at 9 p.m. Hearing no objections, leave is granted. Madam Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR HALVORSON) Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Messages, Madam Secretary.

PRESIDING OFFICER: (SENATOR HALVORSON) WICS-TV wishes to tape the proceedings. Seeing no problem with that, leave is granted. All the Members within the sound of my voice, please come to the Senate Chambers. We are about to go to Floor action. Supplemental Calendar No. 2 has been distributed. It should be on everybody’s desks. We will be starting at the top. So we’ll be at House Bills 2nd Reading. Senator Clayborne, on House Bill 1918. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Lightford, on 4451. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now, Secretary’s Desk, Resolutions. The first one is Senate Resolution 734. Senator Haine. 734. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

…President and Ladies and Gentlemen of the Senate, this is a resolution which is a -- a statement by the Illinois Senate to the United States District Court for the Central -- District of 72  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Illinois, Judge Scott. The genesis of the resolution is this: There was a bill in the Illinois House, House Bill 2449, and as it came over from the House, the -- the House Bill reflected a controversy between the railroads that are in business in Illinois and the United Transportation Union representing the railroad employees. And this bill provided for a criminal penalty for an act of a railroad employee, agent, officer, that would deny or impede a -- another employee, a union member, from seeking medical care while on the job. There was an allegation that that was occurring in -- on some lines. The -- it passed the House in that form. It -- it gave the State’s attorney of each county the authority to bring the action in his or her county wherein the allegation or the incident allegedly occurred. Some State’s attorneys entered slips in favor of the bill. State’s Attorney John Schmidt of this fair county, Sangamon, and a -- a good friend of mine introduced a slip in favor of the bill. The railroads came to the Senate. I was sponsor of the -- of the House Bill in the Senate, and the railroads, through their lobbyists, good men and women lobbying for the railroads - nothing critical of them - they conveyed to me, a sponsor, that they desired this to be a civil remedy regulated by the Illinois Commerce Commission. And they would prefer -- with that, they would be neutral on the bill. And I importuned the United Transportation Union to go along with that course of action to avoid a tremendous fight on the Senate Floor. That was done. We amended the bill. The bill passed this Body at 58 to -- zip. It was concurred -- the amendment was concurred by the House. It was signed by the Governor. Last month the railroads, who gave us this option, gave us really the language of the statute, have filed a suit in the Central District of Illinois asking the judge to find that that statute, which was their language, was an illegal preemption of federal authority. And I am basically asking, through this resolution, that Judge Scott, the Honorable Judge, hear what occurred in the -- the Senate, this Chamber. The good faith of our business depends upon a reasonable reliance upon a party’s offer of an amendment and an offer of an option. And again, nothing critical of the lobbyists. They’re good people. They -- they are told what to do, but the railroad management and the lawyers for the railroad should understand 73  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 that when we come to the Senate of Illinois and we suggest a course of action, we should not expect implicitly that they’re going to go out and sue on the very basis of the course of action recommended. And I’m -- I am asking that the judge take note. This honorable judge, this learned court can do what she wills in this matter. I’m not denying the railroads the right to sue in federal court. It would be -- since the Appomattox Courthouse, I don’t have that authority anyway. So, I’m just asking that the judge take note that this Body is disturbed at this action by the railroad management. That’s it in a nutshell. Thank you, Madam President, Ladies and Gentlemen of the Senate.

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator. Is there any discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

Madam President. Senator Righter, that is a very good question, and -- and I apologize. I’m a lawyer. Sometimes we tend to over lawyer, frankly. I should have avoided the word estoppel. I should have used a common term that I learned in Alton, Illinois, in the streets of my neighborhoods. It’s called “sandbag”. But I -- I -- I apologize for that use. I don’t wish 74  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 to deny. I just want the judge to take note of how this matter transpired here. And I -- and I don’t wish to really have the judge consider the word “estoppel”, I really don’t. And I -- I - - I appreciate your question, and I -- if I had to do it over I’d have just X’d that word out.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Crotty.

I, too, rise in -- in support of this bill. In committee, as the previous -- one of the previous speakers had just mentioned, we had a lot of dialogue on this -- on this resolution. And I think all of us as Senators - and I stated it in committee - we work real hard to try to bring an agreed bill if we can to the -- to the Floor of the House or the Senate. I 75  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 think Senator Haine has done that in a -- in the previous bill that was passed. And in taking consideration of all parties, he took the very parts that was taken out of that bill after being agreed upon with the railroads. The railroads used that in order to take that to court. So, in good faith, you would hope that when you’re bringing the parties together and you’re incorporating their ideas in your bill, that they’re not going to actually take that and use that against you. They would have been better off to still oppose the bill. Instead, they opposed the bill until he put that in the bill, then they were neutral, only to take that to court. So I, too, rise in strong support in allowing all of us, as Senators, to still be able to bargain in good faith with all parties of our bills. Thanks.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Dillard.

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

Gosh. If they offered an amendment specifically to the bill and then sued on that, there’d be no difference what -- whatsoever. I -- I mean, none. If they offered a specific course of action, it’s a reliance. That’s why I kind of over- lawyered estoppel as an equitable theory, appealing to the conscience of the court. But I should stay away from those terms much as I can. But in essence, if, whatever party it is, comes in and offers a course of action and then you rely on it to get neutrality on a bill -- granted no one said we’re not going to sue. If someone had said, “by the way, you adopt this and -- don’t be surprised if we sue you”, I guarantee you we wouldn’t 76  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 have adopted it. I’d have taken the House version, which is a criminal penalty, which is guaranteed under the Tenth Amendment to the Constitution. There’d be no question of preemption for the Central District. That’s been reserved to the states to make it a criminal offense. This was done because they -- they didn’t want a bloodbath. I’m saving the Senate a bloodbath over a bill. They wanted -- the workers wanted a -- remedy and then they suggested this. They suggested it. I said, well that sounds reasonable. And now they’re telling the judge this is an unlawful preemption by the Illinois General Assembly, when they are hoisting us on our own petard.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion on this voice vote resolution? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is -- oh. Senator Haine moves the adoption of Resolution 734. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Thank you very much. Senator del Valle, on Senate Resolution 740. Senator Shadid, on 741. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Shadid.

Thank you, Madam Chairman. Excuse me.

PRESIDING OFFICER: (SENATOR HALVORSON) If we could please have it quiet for Senator Shadid so the poor guy…

Senate -- Senate -- Senate Resolution 741 recognizes and celebrates the achievements of the Federal Highway Administration, the Illinois Department of Transportation and the highway construction industry in Illinois, including the contractors, designers, engineers, labor, material producers, and equipment companies, for their contributions to the quality of life of the citizens of Illinois. We’re honoring them on this 50th Anniversary of this Interstate System. Thank you. 77  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Risinger.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? If not, Senator Shadid moves the adoption of Resolution -- Senate Resolution 741. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Schoenberg, on… Senate Joint Resolution 91. Senator Martinez. Senate -- House Joint Resolution 22. Senator Watson. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Watson.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Watson moves the adoption of House Joint Resolution 22. All those -- it is 78  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 the opinion of the Chair that this resolution requires the expenditures of State funds, and therefore a roll call vote must be taken. Those in favor of House Joint Resolution 22 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 57 Yeas, none voting Nay, and none voting Present. The -- resolution is adopted. Senator Lightford, on House Joint Resolution 87. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Joint Resolution 87 addresses the need for a task force to be created regarding reenrolling students who dropped out of school. I’m sure many of you are aware that we have almost a hundred thousand young people who are high school dropouts between the ages of sixteen to twenty-one. And then there’s a second set that we recognize between the ages of sixteen to twenty-four. And there’s a breakdown indicating that seventy-four thousand young people are Hispanic, over forty-two thousand are black, over fifty thousand are white, and over six thousand are listed as other. This was according to a study that was done out of a -- a college in Boston. So, the opportunity presents itself where we can set up a task force to take a look at this particular issue and find a way to bring the young people back, to enrolling them in high school so that they can complete their high school diploma, and I believe that this will be a good effect, because it will allow people the opportunity to gain gainful employment, remove them from welfare rolls, perhaps they won’t need mental help, and will just be a win-win situation for all of us. I’d be happy to answer questions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Lightford moves the adoption of House Joint Resolution 87. It is the 79  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call vote must be taken. So those in favor of House Joint Resolution 87 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 55 Yeas, none voting Nay, none voting Present. The resolution is adopted. Senator Hunter, on House Joint Resolution 102. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.

Thank you, Madam -- Madam President and Ladies and Gentlemen of the Senate. House Joint Resolution 102 represents an agreement between the -- the Southern Illinois University and the Minority Caucus and the General Assembly regarding annual reporting on minority participation in all fellowship and graduate ship -- graduate assistantship programs. The resolution was an outgrowth of the Department of Justice case that the University settled this year. In that case, the University agreed to open admissions for three small graduate programs that previously were race and/or gender exclusive. During the Department of Justice inquiry, a systemwide analysis of minority participation in all of the graduate fellowships and assistantship -- assistantships indicated that Hispanics and African-Americans were underrepresented in comparison to their demographics in the general population in the State. The reporting requirements in the House Joint Resolution 102 will assist the University in ensuring that all of the -- of our graduate programs are open and available to all interested applicants, regardless of race, gender or national origin. I urge your support of this resolution and I’m open or available for any kind of questions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Hunter moves 80  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 the adoption of House Joint Resolution 102. It is the opinion of the Chair that the resolution requires the expenditures of State funds; therefore a roll call vote must be taken. Those in favor of House Joint Resolution 102 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 55 Yeas, none voting Nay, none voting Present. The resolution is adopted. House Joint Resolution 112. Senator Risinger. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Risinger.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Risinger moves the adoption of House Joint Resolution 112. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Sullivan, on House Joint Resolution 115. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sullivan.

Thank you, Madam President. House Joint Resolution 115 creates a Joint Task Force on Meat and Poultry Inspection. Task force will review current laws and regulations regarding the licensing and regulation of meat and poultry processors and 81  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 slaughterers and to determine whether changes are warranted in the licensing and regulation of these entities.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Sullivan moves the adoption of -- House Joint Resolution 115. It is the opinion of the Chair that this resolution requires expenditure of State funds; therefore a roll call vote must be taken. So, those in favor of House Joint Resolution 115 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 57 Yeas, none voting Nay, none voting Present. The resolution is adopted. Senator Collins, on House Joint Resolution 122. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Joint Resolution 122, the resolution creates a Joint Task Force on Community Colleges to make recommendations to the General Assembly regarding whether the current community college system is adequate to meet future needs. I -- this replicates House Joint Resolution 24 that passed out previously, and I’d ask for an affirmative vote -- or motion to concur.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Collins moves the adoption of House Joint Resolution 122. It is the opinion of the Chair that the resolution requires the expenditure of State funds; therefore a roll call vote must be taken. Those in favor of House Joint Resolution 122 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 57 Yeas, none voting Nay, none voting Present, and the resolution is adopted. Continuing on Secretary’s Desk, Concurrence, Senate Bills, we have Senate Bill 176. Senator Schoenberg, do you wish to proceed? Excuse me, Senator Schoenberg. We are going to, with leave of the Body, 82  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 return to Senator Martinez. On Senate Joint Resolution 91. Madam Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.

Madam President, Members of the Senate, House Joint Resolution 91 creates a Joint Task Force on the College Insurance Program to review the present program and the inclusion of City Colleges into the program.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Martinez moves the adoption of Senate Joint Resolution 91. It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call vote must be taken. Those in favor of Senate Joint Resolution 91 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 55 Yeas, none voting Nay, none voting Present, and the resolution is adopted. Continuing on now to Secretary’s Desk, Concurrence, Senate Bills, is Senate Bill 176. Senator Schoenberg. On the Order of Concurrence is Senate Bill 176. Madam Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Schoenberg. Out of the record. On the next page of Secretary’s Desk, we’ll be going to Senate Bill 585. Senator Cullerton, do you wish to proceed? I apologize. Top of the page, we missed Senate Bill 230. Senator Harmon, on Senate Bill 230. Out of the record. Senate Bill 585. Senator Cullerton. Madam Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.

Yes, thank you, Madam President, Members of the Senate. I move to concur with the House amendment. This bill deals with the Open Meetings Act and it’s a bill that defines “meeting” to include presence whether by telephone calls, video or audio conferences, electronic means, or other means of contemporaneous interactive communication. Basically, many people have conducted meetings sometimes using electronic means. We want to make sure it comes under the Open Meetings Act. The -- the House really just made a -- minor modification. When we talked about quorums, we allowed for certain public bodies to meet, in specifically Chicago or Springfield. We’ve changed -- the House has changed that requirement so to -- so as to allow it to include other offices as long as they’re public buildings and -- and they would have their -- interactive video conferences along with public notice. So, it’s not controversial. It’s a good addition, and I would be happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Burzynski.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? This is final action and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 585. 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 57 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 585. And the bill, having received the required 84  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 constitutional majority, is declared passed. Senator Clayborne, on Senate Bill 619. Madam Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

Thank you, Madam President and Members of the Senate. House Amendment No. 1 deletes all and becomes the bill. It allows the State to provide financial assistance to new electric generating facilities funded through a U.S. Department of Energy grant before December 31st, 2007, that support the creation of Illinois coal-mining jobs. I would ask for your -- your favorable vote on the motion to concur.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action, and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 619. 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 -- 57 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 619. And the bill, having received the required constitutional majority, is declared passed. Senator DeLeo, on Senate Bill 630. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank -- thank you very much, Madam President and Ladies and Gentlemen of the Senate. I move to concur in House Amendment No. 1 to Senate Bill 630. What it does, it increases the civil penalties for anybody that commits a fraud against the State of Illinois. It goes from five dollars up to a thousand dollars 85  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 {sic}. I ask to concur in House Amendment No. 1.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Senator Roskam, and if you’re asking me to repeat my answer in the Senate Executive Committee, I’d be glad to. I have no idea why the House changed this bill to this language. I got the language about three hours ago. I don’t know why they took out the original provision of this bill. But in fairness to all Members and courtesy to my colleagues in the House, I accept their amendment and I do ask for concurrence, Madam President.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: After reading the -- the bill because I didn’t know the language was changed in it, I fell in love with it and asked for it to be reposted.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 630. All 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 58 Yeas, none voting Nay, none voting Present, and the Senate concurs in House Amendment No. 1 to Senate Bill 630. And the bill, having received the required constitutional majority, is declared passed. Senator Trotter, on Senate Bill 1520. Out of the record. Senator Schoenberg, on 1625. Out of the record. Senator Hunter, on 1863. Out of the record. Senator Schoenberg, on 1977. Out of the record. Senator Cullerton, on 2277. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) 87  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Senator Cullerton.

Yes, thank you, Madam President, Members of the Senate. This bill, as we passed it out of the Senate, dealt with transferring money from the horseracing fund earmarked for museums and aquariums in Chicago to -- to clarify that that would be paid to the museums as determined by the museums and the park. And the second part of the bill dealt with the fact that the off- track betting parlor in Champaign moved to Urbana. And so we had to change the language so that the money would go to Urbana instead of Champaign. That House amendment clarified that Urbana proportion, so as to make it clear that the monies appropriated to Urbana shall be made in lieu of amounts paid to the Champaign Park District. Know of no opposition and ask -- ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Winkel.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Roskam. Is there any further discussion? Seeing none, this is final action and the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 2277. All 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 57 Yeas, none voting Nay, none voting Present, and the Senate concurs in House Amendment No. 2 to Senate Bill 2277 and, having received the required constitutional majority, is declared passed. Senator del Valle, on 2339. Out of the record. Senator Silverstein, on 2487. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) 88  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Senator Silverstein.

Thank you, Madam President. This will move back the MDS payment for three months. Apparently this is something we have to do because the feds -- the paper we got from the feds was late, so this is -- everyone’s on board, all associations. And I’ll ask for a favorable Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Roskam.

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Silverstein.

Apparently there was some documentation that we did not get from the federal government that’s going to affect the cycle. So they’re just pushing it back three months. That’s all.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Righter. Any further discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2487. All 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 57 Yeas, none voting Nay, none voting Present, and the Senate concurs in House Amendment No. 1 to Senate Bill 2487. And the bill, having received the required constitutional majority, is declared passed. Senator Harmon, on 2654. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Thank you, Madam President, Ladies and Gentlemen of the Senate. The underlying bill, as it left the Senate, provided for the dissolution of the Cook County Suburban Tuberculosis Sanitarium District. As a part of that dissolution, we provided by statute for the abolition of the tax levied by the district. In the language we chose to use on the -- the abolishment of the tax, we included language that noted that Cook County is a home rule unit and already has the power to enact a similar levy for similar purposes. The House has deleted that language. It does not have any impact on the underlying bill and it is important to note that, by statute, we will still be abolishing the tax levy. I’m not aware of any opposition and I’d ask for your Aye votes.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 2654. 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 58 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 2 to Senate Bill 2654. And the bill, having received the required constitutional majority, is declared passed. Senator Garrett, on Senate Bill 3086. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Thank you, Madam President. Senate Bill 3086 with House 90  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Amendments No. 1, 2 and 3 is a comprehensive reform of the exercise of eminent domain authority in the State of Illinois. It sets forth provisions that spell out when, what, and how a taking entity may take of the private property of another and how the entity must dispose of the property it takes. It changes the “just compensation” award when by providing for relocation costs, attorney’s fees and an adjustable valuation date. It places the burden of proving blight on the taking entity. I’d be happy to answer some questions, but for legislative intent, I’m going to have to indulge you again and read some things into the record and then respond to questions. So, let me start out with number one. For the record, Senate Bill 3086, in the form below us today, does not and is not intended to grant any new power to any government entity when it comes to taking property that will be used or controlled by a private party. In these instances, the bill establishes procedural safeguards that apply to any power that the government had prior to the passage of the bill. The bill does not grant a government agency any new power with respect to these procedural safeguards. For example, at subsection 5-5-5(e) of Article 5 in House Amendment 3, the bill describes certain procedures that will apply when a public entity wishes to acquire property and then transfer the property or property interests so that it can be used or controlled by a private party. As I’ve already stated, these procedures do not expand the government entity’s existing authority. It does not, for instance, give the government power to let the property to -- to a private party, or to let the property for a period of time longer than is currently permitted under the law, or to let it for a particular purpose, such as a leaseback financing arrangement. And at subsection 5-5-5(f) {sic} of Article 5 in House Amendment 3, we clearly state that quote, “This Article is a limitation on the exercise of the power of eminent domain, but is not an independent grant of authority to exercise the power of eminent domain,” end of quote. So to reiterate: In those instances when a government agency is taking land that will be used or controlled by a private party, the bill does not expand the government agency’s authority regarding eminent domain, nor does the bill expand the government agency’s authority regarding the associated safeguards and procedural requirements, such as 91  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 real estate leases, transfers and agreements.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

Thank you, Madam President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.

Senator Garrett, I understand that you say the bill’s procedural safeguards do not grant new powers to government agencies when they take land that will be ultimately used or controlled by a private party. In this regard, I’d like to ask a few questions for clarification. For example, my understanding of the subsection 5-5-5(e) that you used as an illustration in this: if a government agency plans to seize land that will be used or controlled by a private party, then one of the procedural requirements is that the government must have an enforceable encumbrance against the property for a period of forty years, to assure that the private party uses the property for the stated purpose. Is my reading of this Section correct?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Yes.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

But because of subsection 5-5 {sic} (5-5-5), section (e) is a procedural safeguard, it does not expand the government’s entity to -- authority to let property in the first place or to let it for a period of time that is longer than currently allowed under the law. Is that correct?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Yes, that is correct. The bill does not grant the government agency the authority to let property, or to let property for any particular duration, for any particular purpose, or under any particular conditions. 92  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006

PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Lightford.

Thank you, Madam President. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.

Thank you. Senator Garrett, I have a question concerning legislative intent. So on a point of clarity concerning the April 15th, 2006, cutoff date for municipalities to have completed the TIF establishment process, was it not the intent of the General Assembly to prevent a municipality from completing a TIF process that was commenced prior to the April 15th cutoff date? Is that correct?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Yes.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty.

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.

Also for legislative intent: Is there any intention for Senate Bill 3086, the eminent domain legislation, to modify the statute in a manner contrary to Senate Bill 3046, the bill which impacts municipalities’ ability to acquire a water utility?

PRESIDING OFFICER: (SENATOR HALVORSON) 93  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Senator Garrett.

No.

PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Althoff.

PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Haine.

Will the sponsor yield, Madam President?

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.

Senator Garrett, this bill is not intended, is it, to change the established laws and procedures relating to the use of eminent domain pursuant to the Illinois Commerce Commission’s grant of -- of a certificate and the procedures which are described therewith in section c of the bill?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

That is correct.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

Not in…

It -- it’s not intended to do that?

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Cronin. 94  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, Senator Garrett, to close.

Yeah, I -- I would like to say that when we did begin this process it was in response to the Kelo decision, but it was clearly the people that came to our hearings and let us know that they really wanted to have protections and they felt that the State of Illinois could certainly do a much better job. And after careful research and really listening to people all across the State, I think we’ve put together what I would describe as a model piece of legislation. And while I participated in the process, there were hundreds and hundreds of other people who added invaluable information and incredible amounts of time. I especially want to thank the Illinois Association of Realtors, who stood by us through thick and thin and really helped create this bill and make sure that it is as good as it is today, and also for my chief sponsor, Senator Dan Cronin, and also to 95  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day 5/3/2006 Senator Emil Jones for his assistance. Thank you.

PRESIDING OFFICER: (SENATOR HALVORSON) This is final action, and the question is, shall the Senate concur in House Amendments 1, 2 and 3 of Senate Bill 3086. 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 58 Yeas, none voting Nay, none voting Present, and the Senate concurs in House Amendment Nos. 1, 2 and 3 to Senate Bill 3086. And the bill, having received the required constitutional majority, is declared passed. Senator Watson, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon, for what purpose do you rise?

Thank you, Madam President. I just wanted to let Leader Watson know, we’ll work it out. We don’t -- we don’t want to put you on front street. We’ll work it out. Just -- just be patient.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Watson.

PRESIDING OFFICER: (SENATOR HALVORSON) I know. I wasn’t going to say anything. But…

PRESIDING OFFICER: (SENATOR HALVORSON) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m., tomorrow, May 4th, 2006. The Senate stands adjourned. 97