Illinois Senate Floor Debate — November 16, 2006

PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 94th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by Pastor Randy White, in the Independent Christian Church in Hamilton, Illinois.

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

(Pledge of Allegiance, led by Senator Maloney)

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Reading and Approval of the Journal, please.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Lightford moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Messages, please.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Before we do Introduction of Bills, News Channel 20- ABC, in Springfield, Illinois, seeking leave to videotape the proceedings. Hearing no objection, leave is granted. Madam Secretary, Introduction of Bills.

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

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, can I have your attention, please, for purposes of an announcement? The Rules Committee will meet immediately. All members of the Rules Committee will be asked to go to the library reading room, just right outside the Chamber. All members of the Rules Committee will meet immediately outside the Chamber. Thank you. Madam Secretary, Committee Report, please.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, we will be going to Senate Bills 3rd Reading, final passage, on page 2 of your Calendar. We have Senate Bills 3rd Reading on the top of page 2. Senate Bill 628. Senator Trotter, on Senate Bill 628. Senator Trotter. Senator Don Trotter, on Senate Bill 628. Senator Trotter seeks leave of the Body to return Senate Bill 628 to the Order of 2nd Reading for the purposes of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd 3  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 Reading comes Senate Bill 628. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, to explain the amendment. Ladies and Gentlemen, please, please, shhhhh. Would you give your attention to the speaker, please? Thank you very much. Senator Trotter, on the amendment.

Thank -- thank you very much, Mr. President, Members of the Senate. Senate Floor Amendment No. 1 deals with the creation of the Cost of Doing Business Adjustment Act. To give you a little history, in the spring before we left, we addressed some issues of -- of clearing up and giving dollars - three-percent increase of cost of doing business - to various agencies throughout the State, those agencies that basically deal with some of our most vulnerable women and children. And in doing so, there was some questions asked by Members on both sides of the aisle: Why did we leave out certain groups? And as I explained at that time, it was an -- not an intentional oversight, that inadvertently we did leave out groups. This amendment puts those groups that we did forget back into play, that they, too -- in some cases, one of -- two of ‘em have not received an increase in twelve years, seven years, and most of ‘em since ’01. We’ve added to the list of those who should get three-percent cost of doing business: early intervention, family case management, domestic violence, sexual assault, Intensive Prenatal Performance Projects, school-based health centers, family planning, Lekotek, Medicaid therapies for zero to three-year-olds and Centers for Independent Living. So this bill, again, is essentially a cleanup bill to do -- to address those issues. I would like for -- for this Body to adopt it.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay. I’m sorry -- Senator… Any further discussion? Senator Rauschenberger, for what purpose you seek recognition?

PRESIDING OFFICER: (SENATOR DeLEO) To -- to the amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Okay. Ladies and Gentlemen, Senator Trotter moves the adoption to Amendment No. 1 to Senate Bill 638. All those in -- 628 -- excuse me. Madam Secretary, 628. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, on Amendment No. 2, sir -- 4, Amendment No. 4.

Yes. For the Body, since all of us can count up to 4, there -- there was an Amendment No. 2 and No. 3. We basically have tabled those and added Amendment No. 4, which falls into that mundane category of being a technical amendment. There was -- in the original bill, there was language asking for that this bill be retroactive. Because of federal Medicaid guidelines, we cannot put this bill into a retro state. So this language brings us into compliance with federal Medicaid law, saying that this bill will go into effect two weeks after the effective date of the Act. And essentially that is what this bill does. And -- 5  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 and clarifies again which groups will be added to the list.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Trotter moves the adoption of Amendment No. 4 to Senate Bill 628. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Amendment No. 4 is adopted. Are there -- Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading comes Senate Bill 628. Senator Trotter, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the bill.

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

To the bill. I essentially have explained what the bill is, and on behalf of those agencies that provide those much needed services to our most vulnerable, I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, the question is, shall Senate Bill 628 pass. Those in favor will vote Aye. Those opposed will vote Nay. Madam Secretary, please call the roll.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Have all voted who wish? Have all voted who wish? Senator Viverito, for what purpose you rise? Senator Viverito shall be recorded -- Madam Secretary, Senator Viverito should be recorded as an Aye. Senator Righter, what purpose you seek recognition, sir? Thank you. Madam Secretary, Senator Righter should be recorded as an Aye vote. Ladies and Gentlemen, have all voted who wish? Take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 628, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading, on page 2 of your Calendar is Senate Bill 836. Senator Clayborne, do you wish to proceed, sir? No. Out of the record. Senate Bill 862. Senator del Valle, do you wish to proceed on 862? Senator del Valle. Okay. Madam Secretary, Senator del Valle seeks leave of the Body to return Senate Bill 862 to 2nd -- to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 862. Madam Secretary, have there been any -- amendments approved for consideration? 7  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator del Valle to explain the amendment, sir.

Thank you, Mr. President. Last Session we passed Senate Bill 2202, designed to increase the number of early childhood ed teachers in Illinois. This is a technical amendment. It’s more of a cleanup amendment. The amendment clarifies that teacher certification candidates may student teach under the supervision of a teacher who is -- who is a certified general elementary education teacher or an early childhood education teacher. The change adds general elementary education teacher so that we can increase the number of individuals who are eligible to supervise these teachers-in-training.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator del Valle moves the adoption to Floor Amendment No. 1 to Senate Bill 862. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Now on the Order of 3rd Reading -- Madam Secretary, are there any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 862. Senator del Valle, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.

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

Well, it does what I just explained. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) 8  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 Thank you. Okay, Ladies and Gentlemen, the question is, shall Senate Bill 862 -- the question is, shall Senate Bill 862 pass. Those in favor, vote Aye. Those opposed will vote Nay. Madam Secretary, please call the roll.

PRESIDING OFFICER: (SENATOR DeLEO) Have all voted who wish? Have all voted who wish? Senator Crotty, for what purpose you seek recognition, ma’am? Thank you. Madam Secretary, Senator Crotty’s vote should be recorded as an Aye. Have all voted who wish? Take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. 9  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 Senate Bill 862, having received the required constitutional majority, is declared passed. Continuing on 3rd -- Senate Bills 3rd Reading is House Bill -- Senate Bill 863. Senator Crotty, do you wish to proceed, ma’am? Senator Crotty seeks leave of the Body to return Senate Bill 863 back to the Order of 2nd Reading for the purpose of amendment. Is that correct, ma’am? Hearing no objection, leave is granted. On the Order of 2nd Reading comes Senate Bill 863. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty, explain the amendment, ma’am.

Thank you very much. This amendment deletes the underlying vehicle and it now becomes the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Thank you. Is there any discussion? Is there any discussion? Senator Crotty moves the adoption of Floor Amendment No. 1 to Senate Bill 863. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Now on the Order of 3rd Reading comes Senate Bill 863. Senator Crotty, do you wish to proceed, ma’am? Indicates she wishes to proceed. Do you -- Madam Secretary, please read the bill.

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

Thank you. Under current law, a K through eight or a nine through twelve school district may incur an aggregate debt of up 10  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 to 6.6 percent of the value of the taxable property in -- within that district. With this amendment, it would allow that district or such a district to incur an aggregate debt of up to fifteen percent of the value of the taxable property within the district only if the bonds are issued to pay the cost of acquiring or improving school sites or building and equipping additional school building facilities or the actual -- and the actual present enrollment of the students has increased over the previous school year by not less than thirty-five percent or not by less than two hundred students and the school board determines that the new school construction is needed as a result of the increase. And another very important part of this is the voters of that district approve a proposition for the issuance of the bonds at a regularly scheduled election and that the bonds are issued before January 1st, 2008. This bill came to a few of us Legislators because of -- in Will County they’re experiencing such major growth. They’ve passed the referendum already to -- to build two schools. So the referendum has -- has overwhelmingly been passed. In the process of them building their first building, they were told by the -- the persons that are developing the -- the school that they can actually save dollars if they were able to purchase some of the materials for the second building at this time. So that’s what this bill is about. The voters have spoken. The money is there. But when they called the State Board of Ed, the State Board said they would need to come back with legislation to be able to lift that debt limit. So, that’s the reason for the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, the question is, shall Senate Bill 863 pass. Those in favor, vote Aye. Those opposed will vote Nay. Madam Secretary, please call the roll.

PRESIDING OFFICER: (SENATOR DeLEO) Have all voted who wish? Have all voted who wish? Senator Shadid, for what purpose do you seek recognition, sir? Madam Secretary, Senator Shadid’s vote should be recorded as an Aye. Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 863, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading. Senate Bill 947. There’s a -- for the leave of the Body, one of the chief cosponsors, Senator Cullerton, will be handling the bill. Senator Cullerton, are you seeking leave of the Body to return Senate Bill 947 to the Order of 2nd Reading for the purpose of amendment? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 947. Madam Secretary, have there been any amendments approved for consideration? 12  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Cullerton, to explain the amendment, sir.

Yes. This amendment deals with the State law dealing with a liquor license within a hundred feet of a school or a church within the City of Chicago. I’d like to adopt the amendment and explain the bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussions? Seeing no discussion, Senator Cullerton moves the adoption of Floor Amendment No. 1 to Senate Bill 947. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senate -- now on the Order of 3rd Reading is Senate Bill 947. Senator Cullerton, you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Thank you, Mr. President, Members of the Senate. I’m sponsoring this bill on behalf of Senator Martinez, who I’m told, by the way, the correct pronunciation of her name is Iris Martinez, and she asked me to sponsor this for her today. This deals with a liquor license for a restaurant within her district. As we probably know, under our State laws, you cannot obtain a liquor license for any restaurant that’s within a hundred feet of any church or school if you’re within the City of Chicago. For 13  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 some reason there’s an exemption for every city outside Chicago, but in Chicago, if you want to have a liquor license for a restaurant within a hundred feet of a school or church, you have to get a State law passed. And that’s what this bill does. It’s for a restaurant called Leona’s. They have a number of restaurants in Chicago. They are spending a lot of money into the -- putting a lot of money into the facility and the neighbors are in favor of it. The -- the church across the street is aware of it and has no objection. Be happy to answer any questions. Ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, the question is, shall Senate Bill 947 pass. Those in favor will vote Aye. Those opposed will vote Nay. Madam Secretary, please call the roll.

PRESIDING OFFICER: (SENATOR DeLEO) Have all voted who wish? Have all voted who wish? Madam Secretary -- Senator Brady, for what purpose you seek recognition, sir? Please, Madam Secretary, please record Senator Brady as a No vote. Senator Risinger. Senator Risinger, Madam Secretary, should be recorded as an Aye. Senator Garrett. Madam Secretary, Senator Garrett vote should be recorded as an Aye. Have all voted who wish? Madam Secretary, take the record. On that question, there are 41 Ayes, 12 Nays, 0 voting Present. Senate Bill 947, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 948. Senator Cullerton, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, Senator Cullerton seeks leave of the Body to return Senate Bill 948 to the Order of 2nd Reading for purposes of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 948. Madam Secretary, have there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to explain Amendment No. 1, sir.

Yes, we continue on the order of liquor. This is the bill that amends the Liquor Control Commission {sic} to clarify tableside bottle service. So I’ll be -- wish that we would adopt the amendment, and I’ll be happy to explain it in greater detail on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Cullerton moves the adoption of Floor Amendment No. 1 to Senate Bill 948. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 948. Gentleman indicates he wishes to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to Senate Bill 948, sir.

Yes. Thank you, Mr. President, Members of the Senate. This deals with the issue of tableside bottle service. This is something which has been ongoing in practice in Illinois, where consumers purchase the full bottle of liquor at a bar or restaurant and they mix their own drinks. But apparently somebody at the Liquor Control Commission felt that the statute was ambiguous, and as a result, they actually issued some citations against retail licensees for providing this. So all this bill does is to clarify that this is legal, as -- as was thought by many people throughout the State up until now. Happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, the question is, shall Senate Bill 948 pass. All those in favor, vote Aye. All those opposed will vote Nay. Madam Secretary, please call the roll.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Have all voted who wish? Have all voted who wish? Senator Haine, for what purpose you seek recognition, sir? Madam Secretary, change Senator Haine’s vote from Aye to Nay. Senator Millner, for what purpose you seek recognition, sir? Senator Millner changes his Aye to Nay. Have -- have all voted who wish? Madam Secretary, please take the record. On that question, there are 46 Ayes, 5 Nays, 0 voting Present. Senate Bill 948, having received the required constitutional majority, is declared passed. Okay. Senate Bill 1195. On the Order of -- Senator Cullerton, do you wish to proceed, sir? Senator Cullerton seeks leave of the Body to return Senate Bill 1195 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading comes Senate Bill 1195. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to explain your amendment, sir.

Yes. Thank you, Mr. President, Members of the Senate. This 17  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 bill deals with the Good Samaritan Act and it’s a minor change to a bill that Senator Burzynski passed last year. I’d like to adopt the amendment and explain the bill further on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator -- is there any discussion? Is there any discussion? Seeing no discussion, Senator Cullerton moves the adoption of Floor Amendment No. 1 to Senate Bill 1195. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading comes Senate Bill 1195. Senator Cullerton, you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill.

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

Yes. Thank you, Mr. President, Members of the Senate. Senators, last year Senator Burzynski passed a bill, which we supported, I think, unanimously, which provided liability protection for individuals who provide first aid assistance free of charge and who are certified in first aid by either the American Red Cross or the American Heart Association. And that bill passed with the approval, by the way, of the -- or support, or neutrality anyway, of the Trial Lawyers. Inadvertently, we did not add the other major provider of first aid training. That’s the National Safety Council. So all this bill does is to add the National Safety Council to the Red Cross and the American Heart Association. It’s important because ironically enough the Safety Council is headquartered here in Illinois, in Itasca, Illinois, and they actually have now lost contracts because they’re not under the same protection that the Red Cross and the 18  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 Heart Association has. So, it does have an immediate effective date and I do need all of your support. I would point out that the Trial Lawyers have yet to support the bill. They did file a slip in committee in opposition, although they did not testify, and I expect that we’ll be able to work out their objections, if the bill passes, before it’s voted on over in the House, since they did support the bill that was vitually identical that Senator Burzynski had passed. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Burzynski, for a question.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any further discussion? If not, Senator Cullerton, to close, sir.

Yes. Just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 1195 pass. Those in favor will vote Aye. Those opposed will vote Nay. Madam Secretary, please call the roll.

PRESIDING OFFICER: (SENATOR DeLEO) Have all voted who wish? Have all voted who wish?

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, have all voted who wish? Have all voted who wish? Madam Secretary, Senator Garrett would like to be recorded as a -- yes, she would like -- Senator -- Madam Secretary, please record Senator Garrett as an Aye. Senator Schoenberg, how would you like to be recorded, sir? Please -- Madam Secretary, please record Senator Schoenberg as an Aye. Senator Carol Ronen, what would you like to be recorded as, ma’am? Madam Secretary, please record Senator Ronen as an Aye. Senator Lauzen, for -- would like to be -- Madam Secretary, Senator Lauzen would like to be recorded as an Aye. Have all voted who wish? Madam Secretary, please take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1195, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading comes Senate Bill 1269. Senator Haine. Senator Haine seeks leave of the Body to return Senate Bill 1269 back to the Order of 2nd Reading for the purposes of amendment. Is that correct, sir? That’s correct. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1269. Madam Secretary, are there any amendments approved for 20  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Haine, to explain the amendment, sir.

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This is a trailer bill. Last spring, we passed a blood donation Act, which was signed into law by the -- the Governor; however, construction of the Act would have limited an employee and an employer to an hour to give blood. Many employers voluntarily give more than that. They tell the employee, "If you’re going to give blood, just take the afternoon off." This would allow them to do just -- just that pursuant to voluntary employer action or collective bargaining agreements.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator -- is there any discussion? Is there any discussion? Seeing no discussion, Senator Haine moves the adoption of Floor Amendment No. 1 to Senate Bill 1269. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1269. Senator Haine, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.

Would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Is there any 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 discussion? Seeing no discussion, the question is, shall Senate Bill 1269 pass. Those in favor will vote Aye. Those opposed will vote Nay. Madam Secretary, please call the roll.

PRESIDING OFFICER: (SENATOR DeLEO) Have all voted who wish? Have all voted who wish? Senator -- Althoff, you look alike. For what purpose you seek recognition, ma’am? Madam Secretary, Senator Althoff’s vote should be recorded as an Aye. Senator Millner, for what purpose you seek recognition, sir? Thank you. Senator Millner’s -- Madam Secretary, Senator Millner’s vote should be recorded as an Aye. Have all voted who wish? Madam Secretary, please take the 22  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1269, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, for the purposes of an announcement: We’d ask that all members of the Rules Committee -- the Rules Committee will meet immediately in the library reading room, just outside the Chamber. So all members of the Rules Committee please report to the reading room outside the Chamber immediately. Madam Secretary, Messages from the House, please.

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

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, we’re going to go to page 4 of your Calendar. Page 4 of your Calendar. We have Secretary’s Desk in the middle of page 4, Resolutions. We will be going to House Joint Resolution 121. House Joint Resolution 121. Senator Susan Garrett. Senator Garrett, on House Joint Resolution 121, ma’am. Madam Secretary, please -- Madam -- Madam Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett, to explain the resolution, ma’am.

Is it okay to start? Thank you, Mr. President. Basically, Senate -- House Joint Resolution 121 disapproves in whole the report of the Compensation Review Board filed in 2006. The basic points of that report are: Number one, the 2006 report of the Compensation Review Board provides the following recommendations: Number one, to place all Members of the Executive and Legislative Branches in the same position they would be in today if the appropriate COLA adjustments for Fiscal Year 2003, ’04 and ’05 had been paid; number two, to place State’s attorneys in the same position they would be in today if the COLA for Fiscal Year 2003 had been paid; and number three, to set the salaries of associate judges at ninety-five percent of the salary of circuit judges; and finally, to urge the General Assembly to amend the Act so the Board’s reports are submitted in odd-number years, beginning April 2007. And finally, the Illinois Constitution forbids the diminishment of judicial salaries. The Supreme Court of Illinois has held laws, which prohibit judges from receiving a cost-of- living increase, violate the State constitutional provision that prevent judges’ salaries from being reduced during their terms of office. The background of this bill -- of this resolution -- or of this report was created by the Compensation Review Act. The Act confers on the Board the power to determine the salaries of various government officials. The Board is required to undertake periodic reevaluations of those salaries and may adjust them based on various factors. Following this review, which includes public hearings, the Board determines the compensation for each of the covered offices and files a report with the General Assembly. So, this resolution basically does not support the work of the Compensation Review Board. So, while there’s going to be discussion, I want to make it clear that if you -- if you support the cost-of-living, you would be voting No. If you do not want to see a cost-of-living increase, you would support this resolution and be voting Yes.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Thank you very much, Senator. Is there any discussion? Is there any discussion? Senator Cullerton, for 24  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 what purpose you seek recognition, sir?

Yes. Thank you. I would urge a No or Present vote on this matter. I believe that we should support the Compensation Review Board. There’s three entities here who are affected. The first one is the judges. Associate judges used to make, I believe, it was five thousand dollars less than full circuit judges. When we allowed for the judges to get a COLA, over the years that disparity grew. So this would say that associate judges would be ninety-five percent of the salary of the full circuit judges. I don’t know about the rest of the State. I actually practice law in Chicago and there’s many, many associate judges who make less money than some of the -- many of the people practicing in front of ‘em. I think it’s something which -- which is a good idea so that they are back with that parity. The State’s attorneys in this State do a great job. They do it, and -- and sometimes even when they are the subject of -- of much potential harm even, because of the prosecutions that they bring about. This, of course, is not a pay raise for them, but rather it is a COLA - cost-of-living adjustment - for the Fiscal Year ’03 and we should support the State’s attorneys in receiving that. And then finally we come to our own cost-of-living increase for the General Assembly. You know, recently I had a conversation with a reporter who I have great respect for, and it was interesting that in discussing the compensation for the Legislature, she said, "You guys get to vote for your own pay raises." And I thought it was an interesting choice of words. To say that we “get” to vote for our own pay raises. I suggested that the better way to phrase it is to say we “have” to vote for our own pay raises, otherwise we don’t get it. When Frank Watson and I got sworn in, in 1979, the day before we got sworn in, the salary of the Legislature was twelve thousand dollars. Our predecessors had voted for the salary, I believe, to go up to eighteen thousand dollars. If nobody ever voted again since Frank Watson and I came here to the General Assembly, our salary would be eighteen thousand dollars. But obviously it’s higher because we’ve had to vote for our salary. We’re the only people that can’t get a salary increase unless we vote for it. The private sector, obviously, if you do a good job or if the business is 25  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 working, you can -- you get a pay raise. The only way we can get one is to do this. And I once again reiterate, it’s not really a pay raise. This is -- this is what we have made the mistake of doing of -- of not authorizing these COLAs. It’s this painful action of having to vote on your own compensation that we’re trying to avoid. That’s why we put the COLAs in - so it would just keep us up to what the cost-of-living is, so we don’t have to go through this -- this exercise. But we got away from it and now the Compensation Review Board is suggesting that we -- that we correct that. I would point out, obviously, that if this prevails so that the money would be paid out, we do have the option of donating the money back to the State, if that’s the position you find yourself in economically or politically. Maybe all those House Members that voted No, they might want to turn back in their -- their salaries to the extent that they get an increase. It’s up to them or even people in this -- this Chamber. But this is something that we ought to do. And in the -- in the future, I think we should appropriate the money for the COLAs. The -- I suggest that the Compensation Review Board will probably never, ever have to suggest that we get another pay raise ever again, because the COLA will keep it where it should be. And as a result, I would ask that you vote No or Present on this resolution. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any further discussion? Any - - Senator Righter.

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.

Well, I wasn’t on the Compensation Review Board, but my guess is because it is a very political statement that we’re 26  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 making and during off-election years, it becomes maybe a more rational decision for people in our position to make.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.

I -- I think what -- what happens is we -- and -- and I think many of us agree with what Senator Cullerton has said. These are past-due COLAs and there’s always a hesitation that if we follow through with granting these COLAs, that it could be used against us in an election campaign flyer.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter. And just for clarification for the Members, your resolution is to reject it. Is… Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.

I think that is correct. Their recommendation, which is part of this, is to go to off-election years.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator -- any further discussion? Any further -- Senator Meeks, for what purpose do you rise, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you, Senator. Is there any further discussion? Any further discussion? Senator Hendon, for what purpose do you rise, sir?

To the bill, Mr. President.

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

I rise just to inform the -- the Body that you can vote No, you can vote Present or you don’t have to vote at all in order for us to get our cost-of-living. It’s simply a cost-of-living. It’s going to cost the State a little less than a million dollars for us. And if the House, who rejected it -- since they rejected it, we know they won’t be accepting their money. And so -- the - - the perfect world would be if you reject it, you don’t get the money. But then you’d have to go home to the wife and she’d look at you like you’re a fool because, you know, she need that money. 28  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 So, being a divorcé, I don’t have that problem, but I have the problem of being a single father. It -- it’s always not just a single mother. And when my little daughter, Skye, say, "Daddy, I got to have these pictures; I got to have this book; I have to have this computer or I can’t pass this class." Because these days they have -- they are going high-tech. And the schools don’t have the money. They come to the parent for that money. They come to the parent for that money. And in my case, it is me. I have children in school. This is nothing. We’re not asking for a ridiculous amount, not like the -- I have no problem with the aldermen in the City of Chicago, but they’re making a hundred and two, plus forty thousand for their automobile. We are underpaid. If you reject a raise for yourself, you’re saying you’re not worth it. And I don’t know about all of you, but I know I work my butt off for the people of the Fifth District and I deserve this little cost-of-living. So think about that. Think about going back home, looking at your wife. You -- you know you’re going to accept the money. So if you’re going to accept the money, don’t be a hypocrite. Vote to reject or vote Present or don’t vote at all, because you know you’re going to accept the money, and if you don’t want to accept the money, as Senator Cullerton said, you can turn it back in to the State. You know you’re not going to do that, ‘cause you want to stay happily married. You don’t want problems at home. So go ahead, do the right thing, say you’re worth it, because I believe you’re worth it. And let’s vote No, Present or skip it so we can get the little bitty raise that we deserve.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Any further discussion? Senator Geo- Karis, for what purpose do you seek recognition, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) A vote Yes is to reject the pay compensation report. To vote No is the -- accept the pay compensation report. A vote of Yes rejects it. A vote of No accepts it. Is there any further discussion? Senator Risinger, for what purpose you rise, sir? 29  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006

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

Thank -- thank you, Mr. President. For the record, I’d just like to indicate that I’m going to be voting in favor of the resolution. Member of my immediate family who’s been confirmed by this Body twice is also impacted by this, and according with the appropriate Senate procedures and statutes, I’ll be voting for the resolution. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. The record will so indicate your remarks. Is there any further discussion? Any further discussion? Senator Lightford, for what purpose you seek recognition, ma’am?

Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR DeLEO) To the resolution, ma’am.

To the resolution, sir. I was not going to say a word until Senator Risinger urged me to step forward. If you have a desire not to receive your compensation, just donate it back and then perhaps the engineers will be successful. But the problem that I’m having is that I’ve been here eight years and I’ve received 30  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006 one COLA in eight years. And I am a single mother and I’m very proud of that. But it makes it very difficult to continue to live on the same income year after year. And when I fight for a minimum wage increase for everyone else, I need to fight for myself. And so I urge a No or Aye {sic} vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Risinger, your name was used in debate, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay. Ladies and Gentlemen, seeing no further discussion, Senator Garrett, to close, ma’am.

Well, not to bring up any previous comments, but one of the previous speakers talked about going back to your wife. Some of us have to go back to our husbands and I just wanted to make that point. But having said that, we all know how we’re going to vote and thanks for the great debate. Please proceed.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Ladies and Gentlemen, Senator Garrett moves the adoption of House Joint Resolution 121. All those in favor will vote Aye. All those opposed will vote -- vote Nay. The voting is open. Madam Secretary, please call the roll.

PRESIDING OFFICER: (SENATOR DeLEO) Have all voted who wish? Have all voted who wish? Senator Raoul, for what purpose you seek recognition, sir? Madam Secretary, record Senator Raoul -- should be recorded as a No vote. Have all voted who wish? Senator Halvorson, for what purpose you seek recognition, ma’am? You’re recorded as not voting, ma’am. Madam Secretary, please record Senator Halvorson. She should be recorded as a No vote. Have all voted who wish? Madam Secretary, take the record. On that question, there are 25 Ayes, 21 Nays, 6 voting Present. House Joint Resolution 121 fails. Senator Burzynski. Senator Burzynski, for what purpose are you seeking recognition? Ladies and Gentlemen, may we have your attention, please? We’re still in Session. Ladies and Gentlemen. Senator Burzynski. 32  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day 11/16/2006

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the -- Senate Republicans will caucus here in the library immediately upon adjournment. Madam Secretary, Messages, please.

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, we’re still in Session. This is a recording Session. Please give your respect to the speakers. Madam Secretary, Consent Calendar, please. Ladies and Gentlemen, we will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all the resolutions read in today will be added to the Consent Calendar. Madam Secretary, has there been any objections filed to any resolution on the Consent Calendar?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say… All those opposed will say Nay. The Ayes have it. The motion carries. The resolutions are adopted. Madam Secretary, Order of Resolutions, please.

PRESIDING OFFICER: (SENATOR DeLEO) All right, Ladies and Gentlemen. Ladies and Gentlemen, Senator Halvorson moves to suspend the rules for the purpose of immediate consideration in the adoption of Senate Joint Resolution 96. Those in favor will say Aye. Those opposed will say Nay. And the Ayes have it, and the rules are suspended. Senator Halvorson moves for the adoption of Senate Joint Resolution 96. All those in favor, say Aye. All those opposed… All right, once again. Ladies and Gentlemen, Senator Halvorson moves for the adoption of Senate Joint Resolution 96. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the resolution is adopted. Pursuant to Senate Joint Resolution 96, the Senate stands adjourned until 1 p.m. Ladies and Gentlemen - 1 p.m. on Tuesday, November 28th, the year 2006. 1 p.m. on Tuesday, November 28th, the year 2006. The Senate stands adjourned. 34