Illinois General Assembly Floor TranscriptsBrowseSenate95th GA

Illinois Senate Floor Debate — March 15, 2007

95th General Assembly (2007-2008) · Legislative day 19 · Regular Session
Chamber
Senate
General Assembly
95th (2007-2008)
Date
March 15, 2007
Legislative day
19
Session
Regular Session
Speaker turns
573
Original
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Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor John Standard, Springfield Bible Church, Springfield, Illinois.

PASTOR JOHN STANDARD

(Prayer by Pastor John Standard)

Debbie DeFrancesco Halvorson (D)

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

William R. Haine (D)

(Pledge of Allegiance, led by Senator Haine)

Debbie DeFrancesco Halvorson (D)

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

Deborah Shipley

Senate Journal of Wednesday, March 14th, 2007.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.

Mattie Hunter (D)

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

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions.

Deborah Shipley

Senate Resolutions 97 through 100, offered by Senator Forby 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 and all Members. They’re all death resolutions, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions Consent Calendar.

Deborah Shipley

Senate -- Senate Joint Resolution 37, offered by Senator Forby. It’s substantive.

Debbie DeFrancesco Halvorson (D)

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

Deborah Shipley

A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 17. We have like -- we have received like Messages on House Bills 17, 18, 29, 118 and 120. All passed the House, March 14th, 2007. Mark Mahoney, Clerk of the House. Also -- I also have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 8. Sponsored by Senator Trotter. 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 It is substantive, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) All Senators within the sound of my voice please come to the Senate Chambers. We will be going to Senate Bills 2nd Reading. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports Senate Bills 126, 215, 282 {sic} (482), 615, 616, 635, 1184, 1257, 1419 and 1543 Do Pass; and Senate Bills 135, 268, 357, 663, 1400 and 1583 Do Pass, as Amended; and Floor Amendment No. 1 to Senate Bill 1592 recommend Do Adopt. Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Bills 8, 66 and 1511 Do Pass, as Amended. Senator Harmon, Chairperson of the Committee on Revenue, reports Senate Bills 27, 629, 1180, 1252, 1287, 1354, 1362, 1452, 1454, 1514, 1692 and 1697 Do Pass; and Senate Bills 101, 117, 327, 455, -- 519, 660, 698, 1395 and 1429 Do Pass, as Amended. Senator Ronen, Chairperson of the Committee on Licensed Activities, reports Senate Bills 128, 211, 360, 448, 637, 745 and 1227 Do Pass; and Senate Bills 155, 230, 280, 385, 463, 495 and 1398 Do Pass, as Amended. Senator Maloney, Chairperson of the Committee on Higher Education, reports Senate Bill 1246 Do Pass. Senator Forby, Chairperson of the Committee on Labor, reports Senate Bills 61, 1529 and 1734 Do Pass; and Senate Bills 1249, 1290, 1314 and 1475 Do Pass, as Amended. Senator Haine, Chairperson of the Committee on Insurance, 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 reports Senate Bill -- Senate Bills 21, 555, 1208 and 1580 -- 1518 Do Pass; and Senate Bills 210, 484, 1365 and 1487 Do Pass, as Amended. Senator Lightford, Chairperson of the Committee on Education, reports Senate Bills 306, 538, 1183, 1436, 1462, 1473, 1478 and -- and 1557 Do Pass; and Senate Bills 424, 671, 1472, 1474 and 1702 Do Pass, as Amended. Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Bills 123, 262, 420, 751 through 1101, 1189, 1190, 1385, 1593 and 1625 Do Pass; and Senate Bills 125, 141, 157, 593, 1305, 1327, 1591, 1701 and 1751 Do Pass, as Amended; and Senate Resolution 65 Be Adopted, as Amended. Senator Sandoval, Chairperson of -- of the Committee on Commerce and Economic Development, reports Senate Bill 1606 Do Pass; and Senate Bills 1317 and 1578 Do Pass, as Amended. Senator Collins, Chairperson of the Committee on Financial Institutions, reports Senate Bills 536, 537, 546, 551, 1167 and 1174 {sic} (1674) Do Pass; and Senate Bills 171, 549, 1347, 1468 and 1675 Do Pass, as Amended.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Ladies and Gentlemen, if you can turn your Calendars to page 12, we’re going to be going to 2nd -- Senate Bills 2nd Readings where we left off yesterday, which is -- we’ll be starting with Senate Bill 1592. Senator Forby, do you wish to move Senate Bill 1592? Madam Secretary, please read the bill.

Deborah Shipley

Senate Bill 1592. (Secretary reads title of bill) 2nd Reading of the bill. 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) …there been any Floor amendments approved for consideration?

Deborah Shipley

Yes, Madam President. I have Floor Amendment No. 1, offered by Senator Forby.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby, to explain your amendment.

Gary Forby (D)

Well, excuse me. Floor Amendment No. 1 becomes the bill. And I’d be happy to explain it on 3rd Reading.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Forby moves the adoption of Amendment No. 1 to Senate Bill 1592. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

Deborah Shipley

As a clarification, there were no Committee -- Committee amendments. I do have Floor Amendment No. 2, offered by Senator Forby.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby, to explain Amendment No. 2.

Gary Forby (D)

Thank you. There was a correction on a drafting error on Amendment No. 1. I will be happy to answer any question on 3rd Reading.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Forby moves the adoption of Amendment No. 2 to Senate Bill 1592. All those in favor will 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any other Floor amendments approved for consideration?

Deborah Shipley

No other Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Schoenberg, on Senate Bill 1618. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1618. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Schoenberg, on 1619. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1619. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Schoenberg, on Senate Bill 1620. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1620. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Top of page 13. On Senate Bill 1621, Senator Schoenberg. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1621. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Haine, on Senate Bill 1627. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1627. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Raoul, on 1653. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1653. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator DeLeo, on Senate Bill 1656. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1656. 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted Committee Amendment No. 1.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) …there been any Floor amendments approved for consideration?

Deborah Shipley

No Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Hunter, on Senate Bill 1664. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1664. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Human Services adopted Committee Amendment No. 1.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?

Deborah Shipley

No Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator John Jones, on Senate Bill 1665. Senator John Jones. Senator Jones. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1665. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Dillard, for what purpose do you rise?

Kirk W. Dillard (R)

Thank you, Madam President. Good morning. On a point of personal privilege, if I could.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

Kirk W. Dillard (R)

Thank you. I would like the Senate to acknowledge a constituent of mine from Naperville, who promises she’s going to have spiked hot chocolate for me in the Naperville St. Patty’s Day parade on Saturday. But I’d like to introduce Sandra Larson of Naperville. She’s here today with a group of Illinois Nurse Association -- or the Association of Nurse Anesthetists. And I’d like the Senate to welcome Sandra to Springfield, if I could. She’s seated right behind me in this gallery, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests in the galleries please rise? Thank you for being in Springfield. Senator Garrett, on Senate Bill 1686. Madam Secretary, read the bill. I’m sorry. Senate -- Senator Garrett, on Senate Bill 1680. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1680. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Committee Amendment No. 1.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration? 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Deborah Shipley

No Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Garrett, on 1686. Senator Harmon, on Senate Bill 1686. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1686. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary-Criminal Law adopted Committee Amendments No. 1 {sic} and 2.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?

Deborah Shipley

No Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Wilhelmi, on 1699. Senator Forby, on Senate Bill 1704. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1704. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and -- and Energy adopted Committee Amendment No. 1.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?

Deborah Shipley

No Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 3rd Reading. Senator Clayborne, for what purpose do you rise?

James F. Clayborne Jr. (D)

A point of personal privilege.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

James F. Clayborne Jr. (D)

Behind me on the Democratic side in the gallery, we have individuals from East St. Louis that represent the Illinois Abstinence Coalition. I would like for them to be welcomed.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests in the galleries please rise? Welcome to Springfield. Senator Link, on Senate Bill 1729. Senator Link, on Senate Bill 1733. Senator Delgado, on Senate Bill 1739. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1739. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Delgado, on 1746. Senator Delgado, on Senate Bill 1746. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1746. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 I’m sorry. Madam Secretary, out of the record. Thank you, Senator Delgado. Senate Bill 1746 will remain on 2nd Reading. Mark Thoma, reporter for NewsChannel 20, seeks leave to videotape the proceedings. Seeing no objections, so ordered. Ladies and Gentlemen, you should have before you Supplemental Calendar No. 1. Secretary’s Desk, Resolutions. Senator Hendon, do you wish your resolution considered? Madam Secretary, please read the resolution.

Deborah Shipley

Senate -- Senate Resolution 65, offered by Senator Hendon and Collins.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.

Rickey R. Hendon (D)

Thank you, Madam President. There -- we amended Senate Resolution 65 yesterday. Is that -- is it in proper order to move forward with it?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, please proceed.

Deborah Shipley

Senate -- Senate Executive Committee adopted Committee Amendment No. 1.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Are there any Floor amendments to be considered?

Deborah Shipley

No -- no Floor amendments -- reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon, on your resolution.

Rickey R. Hendon (D)

12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Thank you -- thank you, Madam President. If I could have the attention of the Body, I most certainly would appreciate it, because this is a serious matter.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Excuse me, Senator Hendon. Let me get everybody’s attention, please. If everybody could just quiet down while Senator Hendon talks about his resolution.

Rickey R. Hendon (D)

Thank you, Madam President. I am prayerful that Senate Resolution 65 will receive fifty-nine votes today to send a clear message to the world that the people here in Illinois, while understanding there are times for war, also understand that peace also should be given an opportunity to come around when mission has been accomplished. And I believe that with Saddam Hussein no longer in power, with the Iraqi people having their own new government established, and with the weapons of mass destruction no longer being an issue, that the time has come for peace. This resolution is a resolution that simply chooses peace over war, life over death, and opportunity over bloodshed. This resolution simply calls for us to finally turn the Iraqi people’s fate over to them. It does not call for a certain timetable. It does not place blame on anybody in Washington. It is neutral enough to give all of us a comfort level to vote for peace. I urge all of my colleagues in this Chamber under the sound of my voice to be brave men and women of the Senate and vote for this resolution. It simply calls for peace. It simply calls for us to join with those who feel that we have done as much as we can and as much as we should, turn the military operations over to the Iraqi people, treat our wounded and our returning American heroes in the proper 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 manner, and seek peace. We have amended this resolution. We have changed it in various ways to satisfy various Members and various factors of this Chamber. And I am now comfortable enough to feel that it is in the proper position to move it forward. If we act positively on this resolution today, the other resolutions which are a little more detailed and perhaps a little more harsh won’t be necessary. Therefore, I urge all of you to support Senate Resolution 65 and vote for peace today. It will be the right thing to do for our nation, for our armed services personnel, and for the world. I urge an Aye vote on Senate Resolution 65. And I’ll be happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, Senator Hendon moves the adoption of Senate Resolution 65. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Ladies and Gentlemen, we’ll be going to the Calendar on 3rd Readings, where we left off a few days ago. Page -- starting on page 10 of Senate Bills 3rd Reading. We will be starting -- maybe it’s not page 10. Page 17 of your Calendar, on Senate Bill 338. Want to remind everybody, we are going to 3rd Readings. Senator Righter, for what purpose do you rise?

Dale A. Righter (R)

Thank you, Madam President. Inquiry of the Chair, if I might.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) State your inquiry.

Dale A. Righter (R)

Thank you. Madam Chairman, I notice on today’s Calendar, on page 28, there is, about in the middle of the page, under the 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 heading of Motions to Discharge Committee, a motion to discharge with regards to Senate Bill 1836. As you may be aware, Madam President, Senate Bill 1836 is an appropriations bill. I filed this legislation because the -- the hospitals all across Illinois who waited with bated breath that the federal government would approve the hospital assessment, were told by the State of Illinois and the federal government that they would receive 1.2 billion dollars in payments to them, the deadline for that was two days ago. And so yesterday we filed this appropriations bill and I also filed a motion to discharge. Now, Madam President, I know how fair-minded you are, and we appreciate that. And I want you to know that I have a list here of the hospitals who are scheduled to receive money from this 1.2 billion dollars - which the money is available; they don’t have the appropriations authority…

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) So, Senator Righter, what is your inquiry? Senator Righter.

Dale A. Righter (R)

Madam President, thank you. Can I -- if I just -- very briefly. Nine hundred million of the 1.2 billion goes to hospitals that are represented by Members of your party. So, I want to know -- want you to know first, my request is to do something for you, Madam President, and your Members. The inquiry is, when we'll be moving to Motions to Discharge?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter, I will get back to you as soon as I know. Currently, we will be going to Senate Bills 3rd Reading. On page 17, Senate Bill 338. Senator Collins, do you wish to proceed? Madam Secretary, read the bill. 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Deborah Shipley

Senate Bill 338. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.

Jacqueline Y. Collins (D)

Thank you, Madam President and Ladies and Gentlemen of the Senate. What Senate Bill 338 attempts to do is to simplify the Illinois earned income tax credit statute, ensuring that all low- income working Illinoisans who receive the federal EITC also get the full amount of the State EITC. I’m open for any questions. I can just say that right now it’s to remove the confusing and unnecessary statutory language that finds the DOR excluding foster parents, parents of totally and permanently disabled adult children, parents of children under twenty-four who are full-time students, and parents with children turning eighteen in a taxable year, and childless adults.

Debbie DeFrancesco Halvorson (D)

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

Carole Pankau (R)

Thank you, Madam President. I urge everybody to vote for this. The earned income tax credit is a wonderful program for working, single head of household families. It’s something we need to pay attention to and I urge all to vote for 338.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 338 pass. Those in favor will vote Aye. 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Yeas, none voting Nay, none voting Present. And Senate Bill 338, having received the required constitutional majority, is declared passed. Senator Cullerton, on 341. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 341. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.

John J. Cullerton (D)

Thank you, Madam President, Members of the Senate. This bill is a request of some of my aldermen in the City of Chicago and the bill only applies to Chicago, and it amends the Municipal Code so as to allow for the City to pass an ordinance, if they wish, to allow for companion dogs to be in the outdoor areas of restaurants where food is served. We have, in Chicago, as I’m sure throughout the rest of the State, a number of restaurants that have outdoor areas, and the -- the law right now prohibits dogs from being in restaurants. This is carefully drafted so as to allow for the dog to be outside, not inside a restaurant, and if the dog becomes unruly, of course, the restaurant would have the right to refuse service. So, be happy to answer any questions and ask for this permissive legislation so that the City can enact this ordinance if they so wish.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Althoff. 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Pamela J. Althoff (R)

Thank you, Madam President. This bill did pass out of committee unanimously. I think it’s an excellent bill, but I am drawing attention to my Members that it is a bill that allows animals outside of restaurants. So, if you have a problem with that, I’m just drawing your attention to it. I think it’s a great idea.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 341 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 341, having received the required constitutional majority, is declared passed. Senator Risinger, on 343. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 343. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Risinger.

Dale E. Risinger (R)

Thank you, Madam President. Senate Bill 343, what it does, it amends the County {sic} (Counties) Code and provides that with respect to a county bridge fund, a matching tax fund or a motor fuel tax fund, the county auditor in a county under township organization containing over seventy-five thousand inhabitants and the county clerk in each other county may, but is not 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 required to, keep an account that is otherwise required to be kept by the county treasurer. What this bill does is allows counties not to have to keep duplicate records if they don’t want to.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 343 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. And Senate Bill 343, having received the required constitutional majority, is declared passed. Senator Haine, on 355. Senator Clayborne, for what purpose do you rise?

James F. Clayborne Jr. (D)

Point of personal privilege.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

James F. Clayborne Jr. (D)

Behind me in the gallery, I have Rosemary {sic} (Rosemarie) Brown from the Chamber of Southwestern Illinois -- Madison County; Paul -- Wellhausen, I’m sorry, from Lewis and Clark; and Kent Dickemann, from Granite City. They’re all from Granite City and my district. I would like for them to be recognized.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Will the guests in the galleries please rise? Welcome to Springfield. Senator Hultgren, for what purpose do you rise?

Randall M. Hultgren (R)

Thank you, Madam President. Point of personal privilege.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 State your point.

Randall M. Hultgren (R)

I also have a group that I’d ask the Senate to recognize. Some of ‘em stood here as well. St. Michael School’s seventh grade, from Wheaton, Illinois, is down visiting the Capitol today. I’m proud to say that they’re in the Senate Gallery watching us work -- work today. So, I’d ask the seventh graders of St. Michael’s to stand up and if we could give them a big welcome.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests in the galleries please rise? Welcome to Springfield. Senator Haine, on Senate Bill 355. Senator Haine. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 355. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

William R. Haine (D)

Thank you very much, Madam President, Ladies and Gentlemen of the Senate. This is an initiative of our distinguished Secretary of State and his Business Advisory Committee. It is a frivolous filings prohibition for these groups that -- or individuals that purport to be something they’re not and they file these documents, so called liens, against judges and other - - other people to ruin their credit. And this empowers the Secretary of State not to accept these unless they are, in his judgment, in good faith a document that is not really an accurate 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 rendition according to the UCC.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion? Seeing none, the question is, shall Senate Bill 355 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 355, having received the required constitutional majority, is declared passed. Senator Haine, on Senate Bill 363. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 363. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

William R. Haine (D)

Thank you very much, Madam President, Ladies and Gentlemen of the Senate. This bill grew out of an incident in my district, which was the death of a IDOT employee, a -- a laborer, who was working a job as a flagger in a work zone. The -- the -- the -- the occurrence involved, and we aren’t making any judgments about it, but we found in the statute -- the local State’s attorney found that unless a driver is impaired by alcohol or drugs, it’s very difficult to bring a reckless homicide charge. So we crafted a statute in which a jury or a judge, a trier of fact, may have a permissive inference, that is rebuttable, in a case of someone speeding through a work zone in order to find reckless homicide. We believe, based on counsel’s advice, that this would 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 be consistent with People versus Pomykala, a Supreme Court case, and it would encourage people to be very careful in going through these work zones that are properly posted.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any discussion? Seeing none, the question is, shall Senate Bill 363 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Yeas, none -- 1 voting Nay, none voting Present. And Senate Bill 363, having received the required constitutional majority, is declared passed. Senator Delgado.

William Delgado (D)

Thank you, Madam President. My attempt -- my -- apparently my button switch did not light as we tried to get my switch on. I would have liked to have been recorded as a Aye on this vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Record shall so reflect, Senator Delgado. Thank you. Top of page 18. On Senate Bill 364, Senator Hultgren. Senator Hultgren, on 365. Senator Haine, on 368. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 368. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

William R. Haine (D)

Thank you very much, Madam President, Ladies and Gentlemen of the Senate. This is -- this bill, 368, is another initiative 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 by our distinguished Secretary of State, Mr. White, and his Business Advisory Committee. It revamps -- revamps and -- and updates the General Not For Profit Corporation Act and the Limited Liability Company Act in various ways in -- to ease burdens on these various entities in fulfilling filing requirements with the State and permitting the department, the Secretary of State’s Office, to offer better services. They -- they -- these various items go on for pages. If anyone wishes me to discuss them, I’m happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 368 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 368, having received the required constitutional majority, is declared passed. Senator Crotty, on 374. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 374. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty.

M. Maggie Crotty (D)

Thank you very much. This bill amends the financial section of the Metropolitan Water Reclamation District’s Act to include water quality improvement projects in the definition of construction purposes. The current statute definition of current 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 -- construction purposes for the Metropolitan Water Rec does not include water quality improvement projects. These options more and more represent environmental solutions to the water quality requirements and regulations. The definition of construction purposes is used to determine basis for funding of capital projects from either the district’s Capital Improvement Bond Fund or the Construction Fund. This legislation would expand construction purposes to include these projects to the bond -- to the district’s bond and construction fund programs.

Debbie DeFrancesco Halvorson (D)

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

Pamela J. Althoff (R)

Thank you -- thank you, Madam President. Will the sponsor yield?

Debbie DeFrancesco Halvorson (D)

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

Pamela J. Althoff (R)

We had the discussion in committee with regard to a potential better definition of what water quality projects, what that actually means and entails. Are we going to take care of that as this goes over to the House, or can you for intent provide me with a definition of what those projects would be?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty.

M. Maggie Crotty (D)

Yes. Those projects would be low-flow augmentation, sediment remediation, supplemental aeration and wetland creation and restoration. So, sometimes when we see -- the -- what looks or appears to be a water flow -- a waterfall, those type of 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 issues -- projects would be the issues that this bill would correct.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.

Pamela J. Althoff (R)

Thank you. Also, in addition, even though this bill did pass out of committee unanimously, can you also kind of elaborate. Some of the discussion we had was with capping of the bonding. As many of these projects don’t have, you know, an assumed or an estimated cost, the ability of this bill will be for the Water Reclamation District to be able to bond out regardless of cost. They can go ahead, and it could be a million, it could be thirty-five million, it could be a hundred million. Do I understand that correctly?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty.

M. Maggie Crotty (D)

…I think it’s -- it -- it still is -- pertains to their bonding. But the project, I -- I don’t know what it would cost, but it still is under the same bonding that all the other projects that are included in this Section. The only thing we’re doing is adding the more environmentally friendly projects that are now out there today that wasn’t there before.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.

Pamela J. Althoff (R)

I understand the intent. I just would like Members of the Body to understand that what this does is add additional bonding authority and the individuals who pay -- will pay for that bond 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 service fee will be the taxpayers of this particular area. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator -- Senator Crotty, to close.

M. Maggie Crotty (D)

Thank you very much. But as it is today, the bonding authority is out there for many projects. I’m just adding this particular type of a project to that. And I would ask for a favorable vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 374 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 374, having received the required constitutional majority, is declared passed. Senator Maloney, for what purpose do you rise?

Edward D. Maloney (D)

Thank you, Madam President. Just for a request: on Senator Haine’s bill, 363, that I be recorded as an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Maloney. You will be so reflected in the record. Senate Bill 376. Senator Harmon. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 376. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Senator Harmon.

Don Harmon (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 376 creates the Regulation of Phosphorus in Detergents Act. It is an initiative of the Metropolitan Water Reclamation District. A -- a similar bill was before the General Assembly in the last Session, and on the advice of the Energy and Environment Committee, we spent the summer working it out. The final process is an agreed bill. In -- in short, there are federal requirements relating to the content of -- of -- of -- or, the amount of phosphorus in the water. One of the easiest ways to reduce that is to eliminate it from detergents. This bill will provide that road map. I’d be happy to take any questions.

Debbie DeFrancesco Halvorson (D)

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

Dale E. Risinger (R)

Thank you, Madam President. As the sponsor said, this is an agreed bill. It’s a bill moving in the right direction, and I applaud the sponsor for bringing this bill forward. I urge an Aye vote on this side.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 376 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 376, having received the required constitutional majority, is declared passed. Senator 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Harmon, on 377. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 377. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Don Harmon (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 377 is a housekeeping amendment to the Illinois Pension Code, which I introduced at the request of Central Management Services. It is intended to address the continuous need to clearly identify a small group of former State Board of Education employees who were transitioned into CMS and who continue to operate within the Bureau, regardless of what the name of that Bureau evolves to over time. I’m not aware of any opposition. I’d be happy to take questions if there are any.

Debbie DeFrancesco Halvorson (D)

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

Bill Brady (R)

Thank you, Madam President. Ladies and Gentlemen, I stand in support of the gentleman’s legislation. It passed unanimously out of committee.

Debbie DeFrancesco Halvorson (D)

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

Kirk W. Dillard (R)

Thank you, Madam President. Will the sponsor yield for a quick question?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Sponsor indicates he’ll yield.

Kirk W. Dillard (R)

Senator Harmon, we still have an Illinois Century Network, I guess at -- at CMS. Is -- is it still functioning? And -- and what -- what’s it doing these days?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Don Harmon (D)

Thank you, Senator, for your question. As I understand it, and I hope that I have my facts right, the name is now the Bureau of Communications and Computer Services, which is why we’ve followed the evolution of the name. And this time, we’ve -- we’ve planned for another change of name, should one arise. I cannot comment in response to your question as to what the -- the Bureau is doing.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 377 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 377, having received the required constitutional majority, is declared passed. Senator Syverson, on 380. Senator Haine, on 384. Senator Haine, on Senate Bill 384. Senator Haine, on 387. Senator Collins, on 388. Senator Frerichs, on 393. Senator Frerichs, 394. Senator Frerichs, on 395. Senator Demuzio, on 396. Senator Demuzio, on 397. Top of page 19. With leave of the Body - Senator Demuzio, 396? 396, Senator Demuzio? - Senator Demuzio, on 397. Madam 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Secretary, read the bill.

Deborah Shipley

Senate Bill 397. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio, on Senate Bill 397.

Deanna Demuzio (D)

Thank you, Madam Chair and Members of the -- the Senate. Senate Bill 397 amends the Children’s with Disability {sic} (Children with Disabilities) Act regarding the age of eligibility for special education. This bill basically specifies that an eligible student may receive special ed services through the day before his or her twenty-second birthday. Under current law, children with disabilities means children between the ages of three and twenty-one who are determined through certain procedures to need special ed services. According to a -- a representative of the Illinois Alliance -- Administrators of Special Ed, State rules specify that this means that a student is eligible for services through the day of his -- his or her twenty-second birthday.

Debbie DeFrancesco Halvorson (D)

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

Dan Cronin (R)

Thank you very much, Madam President. I rise in support of this fine piece of legislation and urge an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 397 pass. Those in favor, vote Aye. 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 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 53 Yeas, none voting Nay, none voting Present. And Senate Bill 397, having received the required constitutional majority, is declared passed. Top of page 19. Senator Demuzio, on Senate Bill 401. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 401. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

Yes. Thank you, Madam President and Members of the Senate. Senate Bill 401 gives public notice of trustee meetings, particularly for the -- under the Public -- Public Community College Act. Under 401, public notice of the schedule of regularly -- regular community college trustees meetings must be -- be given at the beginning of a calendar year. Each new community college board must hold an organizational meeting within twenty-eight days of the members' election. And at the organizational meeting, the board must fix the time and place for the regular meeting. This bill requires the board to release the year’s schedule to the public at the beginning of that calendar year.

Debbie DeFrancesco Halvorson (D)

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

J. Bradley Burzynski (R)

31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Thank you, Madam President. To the bill: I just rise in strong support. We think this is a great idea. Provides some clarification, and I would encourage an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 401 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 401, having received the required constitutional majority, is declared passed. Senator Demuzio, on 402. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 402. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

Yes. Thank you, Madam Chair and Members of the Senate. Senate Bill 402 amends the Public Community College Act, and this -- this is in regard to a quorum at the trustees meetings. For all meetings of a community college board of trustees, a quorum must be physically present at the location of the meeting. What happens is, that under this particular Senate Bill 402, it requires that the physical presence of a quorum at the location of any meeting of a community college board of trustees. This bill makes the Community College Act mirror the Open Meetings Act with regard to the establishment of a quorum. While provisions 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 of the Open Meetings Act currently apply to community college boards, this legislation further codifies such requirements for community college boards within the Community College Board Act.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion? Seeing none, the question is, shall Senate Bill 402 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 402, having received the required constitutional majority, is declared passed. Senator Sandoval, on 423. Senator Sandoval. Senator Demuzio, on 426. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 426. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

No. I’m going to hold this one.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Okay. So, Senate Bill 426 is out of the record. And it will remain on 3rd Reading. Senator Maloney, on 433. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 433. (Secretary reads title of bill) 3rd Reading of the bill. 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney.

Edward D. Maloney (D)

Thank you, Madam President. Senate Bill 433 is a bill that would mandate a counseling session for full-time community college students. Counseling -- counseling services provide a -- have a tremendous impact on retention and graduation rates. I can tell you, from personal experience as a high school counselor, in many cases students simply go over to the community college, register for classes, and they find out later have no relevance to their intended major of -- of study as they proceed. And so I think this -- this would go a long way toward making them more informed, better equipped to have an educational plan. This is supported by the Illinois Community College Board as well. I’d be happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 433 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 433, having received the required constitutional majority, is declared passed. Senator Maloney, on 434. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 434. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Senator Maloney.

Edward D. Maloney (D)

Thank you, Madam President. Senate 434 is initiative of the Metropolitan Water Reclamation District that amends its leasing statute to improve its ability to lease land. They have always leased the land, but this provides -- this bill will provide them with more flexibility, with a goal of getting more property on the tax rolls. Anybody who would be interested in the leasing would be able to have a more stable business plan. It gives developers that chance to make a business plan and I think it’s a win-win situation. It provides for the development of the land and gets some land on the tax rolls. I’d be happy to answer any question.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 434 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Yeas, none voting Nay, none voting Present. And Senate Bill 434, having received the required constitutional majority, is declared passed. Senator Maloney, on 436. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 436. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) …Maloney.

Edward D. Maloney (D)

35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Thank you, Madam President. Senate 436 -- Senate Bill 436 is initiative of the Township Officials. Last year we sponsored and raised the bid threshold for library districts, municipalities, townships and road districts. Townships were left out of this. This puts them on an equal parity with those units of local government. I’d be happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

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

Pamela J. Althoff (R)

Thank you, Madam President. To the bill: This is an excellent bill. All it does is, as Senator Maloney stated, is give parity to townships. They match the same ability that counties, municipalities and library districts have to twenty thousand no-bid contracts. I’d urge an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 436 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. And Senate Bill 436, having received the required constitutional majority, is declared passed. Senator Maloney, on 437. Senator Frerichs, on 439. Senator Hultgren, on 441. Senator Martinez, on 445. Senator Martinez, on 446. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 446. (Secretary reads title of bill) 3rd Reading of the bill. 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.

Iris Y. Martinez (D)

Thank you, Madam President, Members of the Senate. Senate Bill 446 amends the definition of hard-to-staff school and adds a definition of an eligible school. The bill clarifies that the consortium shall guarantee support of an admitted cohort in any fiscal year that an appropriation is made for the Grow Your Own Teacher’s Initiative. Lastly, the bill makes changes to the provisions concerning expenditures for child care and other indirect program costs.

Debbie DeFrancesco Halvorson (D)

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

Dan Cronin (R)

Yes. Thank you, Madam President. I rise in support of the bill. This is a idea that’s a good one, and it’s been around for a -- a little while here. And Senator Martinez and Senator Collins have worked diligently on it, and so I urge an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 446 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Yeas, none voting Nay, none voting Present. And Senate Bill 446, having received the required constitutional majority, is declared passed. Senator Silverstein, on 452. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 452. 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Silverstein.

Ira I. Silverstein (D)

…President. This is an initiative from the Department of Human Services. What it’d do is it exempts them from the guardian ad litem’s fees that may be assessed when there is a case before them under -- pursuant to the Abuse of Adults with Disability {sic} Intervention Act.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion? Seeing none, the question is, shall Senate Bill 452 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 452, having received the required constitutional majority, is declared passed. Senator Silverstein, on 454. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 454. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Silverstein.

Ira I. Silverstein (D)

Thank you, Madam President. This amends the Illinois Marriage and Dissolution of Marriage Act, allowing a court in a dissolution judgment to set a portion of a joint or a separate 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 estate for the parties to fund -- estate for a physical or mentally -- for the -- the physical and mental health of a minor child. It’s initiative of the Illinois State Bar Association. I’ll take any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 454 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Yeas, none voting Nay, none voting Present. And Senate Bill 454, having received the required constitutional majority, is declared passed. Senator Forby, on 479. Senator Harmon, on 481. On top of page 20 of your Calendar. Oh! With leave of the Body, we will be returning to Senator Sandoval, on Senate Bill 423. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 423. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Thank you, Madam President, Members of the Senate. Senate Bill 423 is similar to a previous bill sponsored by my colleague Senator Harmon that allowed Oak Park Elementary 97 and Oak Park/River Forest High School District 200 to opt out of -- out of -- to opt out through legislation. The -- 423 allows the school boards of Berwyn North School District 98, Berwyn South 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 School District 100, Cicero School District 99 and Morton High School District 201 to withdraw from jurisdiction and authority of the trustees of schools of Cicero Township and the township treasurer. If these school boards withdraw, they must also elect their own treasurer. It’s an initiative of the town of Cicero.

Debbie DeFrancesco Halvorson (D)

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

Don Harmon (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. I rise in strong support of Senator Sandoval’s bill. This is a continuation of efforts that I began on behalf of the schools in my district that are a part of this township treasurer’s office. I hope very much that this will be the last chapter in our -- a long story of trying to end a -- a -- a bad situation for all of our school districts. So, thank you, Senator Sandoval, for picking up the mantle and taking it to the finish line.

Debbie DeFrancesco Halvorson (D)

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

Dan Cronin (R)

Yes. Thank you, Madam President. I, too, rise in support of this bill. Senator Harmon and I worked on a similar provision for Oak Park. This is enlightened legislation. I commend the sponsor and I urge an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 423 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 423, having received the required constitutional majority, is declared passed. Top of page 20. Senator Cullerton, on Senate Bill 486. Senator Jacobs, on 488. Senator Jacobs, on 493. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 493. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.

Mike Jacobs (D)

Senate Bill 493 amends the Chicago Firefighter Article in the Illinois Pension Code. Simply asks them to publish in the newspaper and they will receive no cost from the State for this. And I appreciate your favorable consideration.

Debbie DeFrancesco Halvorson (D)

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

Bill Brady (R)

Thank you, Madam President. I stand in support of the gentleman’s bill. We -- received unanimous support in committee.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 493 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 493, having received the required constitutional majority, is declared passed. Senator 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Cullerton, on 497. Senator Forby, on 498. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 498. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby.

Gary Forby (D)

Thank you. This is a habitat loss -- that if the Department of Natural Resources trades grounds or get rid of grounds, they - - they trade it for same kind of grounds, like hunting grounds. So we have -- still have hunting grounds and we don’t want to lose anymore than what we have.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 498 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 498, having received the required constitutional majority, is declared passed. Senator Jacobs, on 499. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 499. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs. 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Mike Jacobs (D)

Senate -- thank you, Madam Chairman. Senate Bill 499 amends the Economic Development for a Growing Economic {sic} (Economy) Tax Credit Act. It’s a tax credit award. I’d appreciate your favorable consideration. I know of no opposition.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 499 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. And Senate Bill 499, having received the required constitutional majority, is declared passed. Senator Link, for what purpose do you rise?

Terry Link (D)

Point of personal privilege, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

Terry Link (D)

We’ve -- a couple of our freshman Senators have been down here for quite a long time because tomorrow both of ‘em are going to be aging together. And they’re going to be celebrating a birthday and I would like the Senate to wish both Senator Holmes and Senator Bond a happy birthday that they will be celebrating jointly tomorrow.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Happy birthday to Senators Holmes and Bond. Senator Murphy, for what purpose do you rise? Senator Link, for what purpose do you rise again? 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Terry Link (D)

And -- and I would like to inform the freshmen that they made a very critical mistake, that there should have been cake today for that birthday. But we can maybe make that up with two or three next week for them. So, we just want to tell ‘em about that freshman mistake.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Link. However, there is no food allowed on the Floor anymore. So, they’re off the hook. Continuing on page 20. Senator Link, on 513. Senator Cullerton. 518. Senator Raoul, on Senate Bill 527. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 527. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Raoul.

Kwame Raoul (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate -- Senate Bill 527 creates the Interstate Compact for -- for -- Juvenile -- Juvenile Act of 2007. It provides for the adoption of the -- by Illinois of the Interstate Compact for Juveniles. Amends the Unified Code of Corrections and establishes purposes for the Interstate Compact for Juveniles. I urge the support of this bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 527 pass. Those in favor, vote Aye. Opposed, 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 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 Senate Bill 527, having received the required constitutional majority, is declared passed. Senator Cullerton, on 528. Senator Raoul, on 529. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 529. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Raoul.

Kwame Raoul (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 529 amends the Probation and Probation Officers Act. It -- provides that, beginning January 1, 2008, each probation officer shall receive at least thirty hours per year in training or continuing education in a training or continuing education program approved in advance by the Division of Probation Services. It in essence codifies the current practices and makes them uniform. I ask -- urge your support.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there -- is there any discussion? Seeing none, the question is, shall Senate Bill 529 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. And Senate Bill 529, having received the required constitutional majority, is declared passed. 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Senator Wilhelmi, for what purpose do you rise?

A. J. Wilhelmi (D)

Purpose of an -- of a -- of a request of the -- of the President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Wilhelmi, you go right ahead.

A. J. Wilhelmi (D)

Thank you. I’d like to be recorded as a Yes vote on Senate Bill 527, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Wilhelmi, the record shall so reflect. Senator Dillard, on 531. Senator Raoul, on 534. Senator Sullivan, on 540. Senator Delgado, on 545. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 545. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.

William Delgado (D)

Thank you, Madam President and Members of the Senate. Senate Bill 545, as amended, is subject to appropriations. Requires the DPH to develop the Culturally Competent Healthcare Demonstration Program and outlines the guidelines for the program. And I would ask for your Aye vote.

Debbie DeFrancesco Halvorson (D)

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

Carole Pankau (R)

Thank you. This bill passed out unanimously from the Public 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Health Committee, and I urge an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 545 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. And Senate Bill 545, having received the required constitutional majority, is declared passed. Senator Delgado, on 547. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 547. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.

William Delgado (D)

Thank you, Madam President and Members of the Senate. Actually, Senate Bill 547 makes a technical change. It creates the Health Data Task Force with DPH to devise a plan to establish a link {sic} (linked) health data system that measures, examines, and reports on the health status of Illinois citizens. And I would ask for your Aye vote.

Debbie DeFrancesco Halvorson (D)

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

Carole Pankau (R)

This bill also passed out of the committee unanimously. And -- and I urge an Aye vote on it also.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Is there any further discussion? Seeing none, the question is, shall Senate Bill 547 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 547, having received the required constitutional majority, is declared passed. Senator Sullivan, on 557. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 557. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sullivan.

John M. Sullivan (D)

Thank you, Madam President. Senate Bill 557 amends the Illinois Bovine Brucellosis Eradication Act. States that animals that are diagnosed with brucellosis may be slaughtered or returned to the herd of origin by permit and the animals must remain under quarantine. It’s a directive of the Department of Ag. I’d be more than happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill -- oh, I’m sorry. Senator Dillard, did you have -- got to put that light on a little quicker. Senator Dillard.

Kirk W. Dillard (R)

Thank you. We city slickers and suburbanites were over here looking at bovine brucellosis and discussing its eradication in 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 great depth. But…

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) More information than I need, Senator. Please proceed.

Kirk W. Dillard (R)

But -- but I just wanted to -- I just wanted to ask Senator Sullivan, if we make an agreement upstate to keep that emerald ash borer away from, you know, downstate Illinois, will you make sure that bovine brucellosis doesn’t come up our way, please?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, the question is, shall Senate Bill 557 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 557, having received the required constitutional majority, is declared passed. Top of page 21. On Senate Bill 560, Senator Sullivan. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 560. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sullivan.

John M. Sullivan (D)

Thank -- thank you, Madam President. The proposal amends the Illinois Diseased Animals Act to give the Department of Ag the authority to quarantine animals based on suspicion of disease or chemical or radiological contamination, and allows the 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Department to issue area-wide quarantines based on a suspicion of a disease. I’d be more than happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there -- is there any discussion? Senator Dahl.

Gary G. Dahl (R)

Thank you, Madam Chairman. This bill passed out of committee. However, I think everybody should know that with the quarantine, it could be a huge quarantine with -- including -- including people in -- in old neighborhoods. If you’d address that a little bit, Senator, please.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dahl, is that a question for the sponsor?

Gary G. Dahl (R)

Yes.

Debbie DeFrancesco Halvorson (D)

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

John M. Sullivan (D)

Indeed, Senator Dahl mentioned, it does give the -- the Department of Ag the ability to go -- go out and quarantine an area in the event of a suspicion of a disease, such -- such as foot and mouth disease, which spreads very rapidly. And it -- it certainly gives the Department the ability to contain that contamination more readily, more quickly, which time is of the essence when there’s a disease like that spreading.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 560 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 560, having received the required constitutional majority, is declared passed. Senator Hultgren, on 561. Senator Forby, on 569. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 569. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby.

Gary Forby (D)

Thank -- thank you. This is a fee for the coal mines. It reduces the fees. This is for national pollution, that the coal mines -- the water discharged, make sure there’s no harmful stuff to the -- to the property. The -- the fees are good for five years. EPA has issued a hundred and ten permits to the coal mines operators. In -- in 203 {sic}, the fee went to five thousand dollars. We found out that most of this fee was going to the GRF, so the Coal Mine Association would like to get this fee back to a thousand dollars. A thousand dollars is -- is enough money for the EPA to do their job. And we got surrounding states around us, like Kentucky, they only pay two hundred and fifty dollars; Indiana only pays seven hundred and fifty dollars. So I think this is good for our coal mines and we just need to make sure we keep our coal mines here.

Debbie DeFrancesco Halvorson (D)

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

Dale E. Risinger (R)

51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Thank you, Madam President. To the bill: Senator, this is a good bill. It -- you’re moving in the right direction. You could have made it a great bill if you would have -- extended the -- the bill to the NPDES fees that are unfair in other areas, but I urge an Aye vote on this side of the aisle.

Debbie DeFrancesco Halvorson (D)

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

Chris Lauzen (R)

Thank you. A question for the sponsor.

Debbie DeFrancesco Halvorson (D)

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

Chris Lauzen (R)

My analysis shows that the Environmental Protection Agency, Sierra Club and other environmental groups are opposed to this legislation. Could you explain why?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby.

Gary Forby (D)

I -- I don’t know. I -- I cannot really explain why because they’ve checked the pollution where there’s no harm or there’s nothing harmed to the environment. I -- I -- you know, I don’t know why they would be a problem with a five {sic} thousand dollar -- I mean from five to five {sic} thousand dollars. I have no reason why they would do that.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lauzen.

Chris Lauzen (R)

A second question, is this legislation necessitated by any of the sweep policies? 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby.

Gary Forby (D)

Yes, that’s part of what this is. You know, it's a -- it's a five-thousand-dollar fee. We found out most of this fee went to GRF, so we -- I mean, the study that -- shows a thousand dollars, that the EPA still can do this study worth the money, and the rest of this money stays at the coal mine and it won’t go to the GRF.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 569 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 Yeas, 5 voting Nay, none voting Present. And Senate Bill 569, having received the required constitutional majority, is declared passed. Senator Haine, on Senate Bill 571. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 571. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

William R. Haine (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 571 is a joint initiative by the Illinois Association of Realtors and the Illinois Department of Financial and Professional Regulation. It amends the Real Estate Act {sic} 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 of 2000 to update and revise the Act in several key areas, the most important of which is to increase the standards and the training hours to become a Realtor and a broker. So it -- it -- it -- it balances the need for trained people to serve the -- the -- the -- the consumer with also the need not to overly restrict the -- the licensing to -- to prevent people from coming in. So IDPR is for it and the Realtors are for it. There is no opposition. I would ask for an Aye vote.

Debbie DeFrancesco Halvorson (D)

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

John O. Jones (R)

Thank you, Madam President. I just stand in support of it. The -- this bill passed out of Licensed Activity {sic} (Activities) unanimously, and I would recommend an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 571 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 571, having received the required constitutional majority, is declared passed. Senator Cullerton, on 572. Oh, I’m sorry. Senator Cronin, for what purpose do you rise?

Dan Cronin (R)

Oh, forgive me. I just wanted to rise on a point of personal privilege with regard to Senate Bill 569. I had inadvertently - I’ve never done this before - I had inadvertently pressed my green button when my true intent in my heart was to 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 vote No on 569, and I wanted the record to reflect that. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Cronin. The record shall so reflect. Senator Silverstein, on 573. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 573. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Silverstein.

Ira I. Silverstein (D)

Madam President, this shells the bill. There’s been some work with the landscape architects to see if we can work out some agreements. So we’re going to shell the bill, send it to the House, and hopefully things will work out. So I’d ask for a favorable… Okay. Hold it. Hold it.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senate Bill 573 is out of the record. Senator Wilhelmi, on 574. Senator Demuzio, 576. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 576. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

Yes. Thank you, Madam President and Members of the Senate. Senate Bill 576 basically change the -- the Literacy Advisory 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Board of the Secretary of State’s Office. And what it does is take the Secretary of State Board -- Literacy Board and make all seven members Illinois citizens. It changed that structure of it.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 576 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 576, having received the required constitutional majority, is declared passed. Senator Millner, on Senate Bill 580. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 580. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Millner.

John J. Millner (R)

Thank you, Madam Chairman and Members of the Senate. Senate Bill 580 amends the Cycle Rider Safety Training Act and provides that community agencies cannot be designated by IDOT to organize a Regional Cycle Rider Training program. Only State universities and -- community colleges would be able to offer the cycle safety training courses. This provides that the State Treasurer shall appoint a trustee for the Cycle Rider Training Fund; provides that the trustee, in consultation with IDOT, is authorized to award contracts out of appropriations of the Fund. Under this 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 bill, the trustee must consult with IDOT. And IDOT supports the bill, and I would also ask for your support. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 580 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. And Senate Bill 580, having received the required constitutional majority, is declared passed. Senator Cullerton, on 585. Senator Harmon, on 594. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 594. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Don Harmon (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 594 is an initiative of the Cook County Sheriff’s Office. It amends the Code of Corrections to address the following situation: For instance, you are serving some sentence in the county jail, whether on pretrial detention or a short sentence, and you slug a -- a -- a jail guard. In that case, you would be sentenced to a term that you would serve consecutively, rather than concurrently. I’m not aware of any opposition, and I would ask for your Aye votes.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 shall Senate Bill 594 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. And Senate Bill 594, having received the required constitutional majority, is declared passed. Senator Harmon, on 597. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 597. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Don Harmon (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 597 is actually a -- a suggestion from a constituent. It creates the National Guard Veterans Exposure to Hazardous Materials Act. And it attempts to address the fact that so many of our veterans are coming home having been exposed to depleted uranium. In short, it asks the Adjutant General to provide assistance to any eligible veteran to connect with the -- the federal resources that are available for testing and treatment. And also it requires some reporting and the creation of a task force to -- analyze whether we are doing all we can for our veterans who are increasingly struggling with the health consequences of exposure to depleted uranium. I’m not aware of any opposition but for the muted opposition of the Department to -- to have to take on the responsibility. But I’d ask for your Aye votes notwithstanding. 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 597 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 597, having received the required constitutional majority, is declared passed. Senator Kotowski, for what purpose do you rise?

Dan Kotowski (D)

Madam Chair -- Madam Chair - Hi. How are you? - I don’t know if this is something that they play games on freshmen, but my button’s not working at this present time.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sure, that’s what they all say. So, Senator Kotowski, proceed.

Dan Kotowski (D)

…would like to be recorded as Yes on the prior two votes, on Senate Bill 594 and I believe it was Senate Bill 597, as well. Can we please find somebody, possibly over from the Republican aisle, who can fix my button?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) So, Senator Kotowski, can you clarify please your intention?

Dan Kotowski (D)

My intent was to vote Aye on the -- the prior legislation - Senate Bills {sic} 594, as well as Senate Bill 597.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Kotowski. The record shall so reflect. And we will find someone to fix your button. Senator Viverito, 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 on Senate Bill 599. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 599. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito.

Louis S. Viverito (D)

…you -- thank you, Madam Chairman. This bill amends the Metropolitan Sanitary District pertaining to and allowing fees collected for the MSD stormwater management service performed outside their corporate limits. It passed Local Government ten to nothing. And, obviously, they have been the authority in stormwater and many people are seeking their help. I’ll ask -- ask {sic} any other questions they would like to answer {sic}.

Debbie DeFrancesco Halvorson (D)

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

Pamela J. Althoff (R)

Thank you, Madam President. To the bill: Although, this piece of legislation passed unanimously out of committee, I would draw individuals' attention that it could be perceived as an increase in a fee for people who do not have recourse. So just take a look at it. Thank you very much.

Debbie DeFrancesco Halvorson (D)

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

Dale A. Righter (R)

Thank you, Madam President. Will the sponsor yield, please?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he'll yield. 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Dale A. Righter (R)

Senator Viverito, as the law is currently constituted, is there a -- some kind of cap on the fee they may charge?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito.

Louis S. Viverito (D)

Yes, there is, Senator. It will be only for the work that is being performed outside of the boundaries of Cook County and those are the only fees that will be recovered.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Is there a reason that you wouldn’t put a cap on that fee?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito.

Louis S. Viverito (D)

That -- that’s a good question, but to my knowledge that fee is only dependent on the work that is performed. So I don’t know how you can actually say when you don’t know how much work the -- whether it be out in Barrington or whether it be out in Bloom. It depends on the work and there is a normal fee that the Water Reclamation District charges and I’m sure there are caps on that.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

To the bill, Madam President. Thank you. Ladies and Gentlemen of the Senate, I simply would urge caution on this vote. What Senator Viverito has described here is a situation by which the governmental unit is going to go out and view whatever 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 work it -- it -- it deems necessary, and then the taxpayers are going to pay the bill, whatever that might be. That’s generally not how we budget in this State, and certainly with regards to municipalities or other units of local government. Thank you, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito, to close.

Louis S. Viverito (D)

Thank you for those questions, Senator. I do appreciate them very much. But I assure you that the people are asking for the help, and the Water Reclamation District has the top engineers in the State of Illinois. And I do not believe that they have ever abused the system whatsoever. And I urge a Yes vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall Senate Bill 599 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 46 Yeas, 10 Nays, none voting Present. And Senate Bill 599, having received the required constitutional majority, is declared passed. Senator Garrett, on 611. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill -- Senate Bill 611. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Thank you, Madam Chairman. Senate Bill 611 will increase a hospital’s ability to add beds as long as they are not changing services or exceeding the Planning Board’s capital -- expenditure threshold. They can add as many as twenty swing beds or ten percent of their total facility capacity. It will also allow rural hospitals to establish swing beds without going through the Planning Board process. It will require all providers, not just hospitals and ambulatory surgical centers, to obtain a permit to establish or discontinue cardiac catheterization services. And it will require all hospitals, not just those in Illinois, to obtain a permit if they are going to build a medical care facility in Illinois that costs more than the capital expenditure, and it will expand the size of the Planning Board from five to nine members. It also extends the date of the CON process for five years, to July 1, 2012.

Debbie DeFrancesco Halvorson (D)

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

Christine Radogno (R)

Thank you, Madam Chairman. I have a question for the sponsor.

Debbie DeFrancesco Halvorson (D)

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

Christine Radogno (R)

Senator, is this the -- the only bill we’re going to move that extends the sunset date?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

Yeah. At this point in time, that’s the only bill that is 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 going through the Senate. But we do know that there’s going to be other stuff going on in the House, and -- and what we are talking about today may not be the final outcome of this.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.

Christine Radogno (R)

I did vote No on this in committee because this bill embodies one group’s wish list for what that process will ultimately look like. So I think it’s an unfinished product, but I think it’s very worthwhile that we send the message that we need to extend the process. And so I would urge a Yes vote on this bill. Thanks.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Risinger.

Dale E. Risinger (R)

Thank you, Madam President. Will the sponsor yield?

Debbie DeFrancesco Halvorson (D)

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

Dale E. Risinger (R)

Yeah. I see where the Board membership is expanded from five to nine. Who will appoint those other four?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

The Governor, with the consent of the Senate -- of our Body.

Debbie DeFrancesco Halvorson (D)

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

Bill Brady (R)

Thank you, Madam President. Senator, could you tell me - 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 maybe you said it - could you further articulate the reforms in this measure?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

Well, we just talked about extending the number of Board members. We will allow additional swing beds. We will -- let me make sure I go through this properly. Oh, okay. So that if -- it’ll require that all hospitals, not just those in Illinois - hospitals coming from outside the State - to obtain a permit if they are going to build a medical care facility in Illinois that costs more than the capital expenditure minimum. And it also requires all providers, not just hospitals and ambulatory surgery centers, to -- to obtain a permit to establish or discontinue cardiac catheterization services.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Brady.

Bill Brady (R)

Senator, why did you limit the reforms to this? Are you familiar with the -- the reforms in the Senate Republican task force, where we talked about how additional members ought to be and -- and what the criteria ought to be and some of the problems? Did you take a look at those?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

Yeah. Senator, actually read the Lewin Report which goes into some detail on what kind of reforms that they are recommending. They recommend expanding the number of Board 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 members and also making sure that the Board Members have the type of expertise that is needed for this particular Board, the CON process. So, while we haven’t gone into the very specifics - I think that Senator Radogno said it really well - what we’re doing is establishing a framework. And I think this bill is going to continue to be worked on until we get more input from the House as well. So, that -- you know, that’s just my opinion. We didn’t go into the great detail of how the expertise should be established.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Brady, you have to put your light on. Senator Brady.

Bill Brady (R)

Thank you. It’s -- it’s my understanding that the House is only going to pass an extension through the end of May. It seems to be, we’ve -- we’ve -- already have a system where everyone who works for the Health Facilities Planning Board has been pink- slipped. We’re -- we’re losing ground. We have a number of applications in front of the Board. They’re not being approved. They’re putting Illinois citizens at risk because we’re not offering services or -- or capabilities for healthcare needs throughout this State. Have you had any discussions with the Governor’s Office or the House on whether or not this has got a chance? And -- I mean, I can’t tell you how big of an issue this is and how disappointed I am that we haven’t been able to bring the three leaders together to bring about a compromise. We, again - just like electric utility rates - we have leaders that aren’t talking, that are -- their -- what their agendas are, are crossing in the wind. We’ve got people who are laid off; we’ve 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 got hospitals that want to make investments into the public safety of our citizens. And here we go again, passing something that appears, from our standpoint, not to have a chance of anything over in the Chamber across the Rotunda. Can you assure us that there’s any chance this will pass in the House, and that the Governor will sign it?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

Senator, I’m working with the Illinois Hospital Association on this particular piece of legislation. And I do know that there is a bill coming in from the House for an extension for a year. And, you know, if I was really dictating this process, I guess I would get all of the people to sit down. I agree with you, this is a very important initiative. And I don’t like the fact that we’re just extending it piecemeal without adding some of the recommendations that maybe your caucus came up with, our caucus has come up with, and the Lewin Report. So, you know, I think what -- it’s early in the Session, let’s try to get this passed out, show that we want to see some of these reforms take place, and I can guarantee you that we will have a good finished product, hopefully by the end of this Session.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Madam President. I rise in support of Senate Bill 611, primarily because Senator Garrett is its sponsor. I really believe that the free market ought to dictate what we’re doing with respect to the construction and expansion of health 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 care in Illinois. This is not a perfect bill, but I have absolute faith in the person that’s sponsoring this bill, that if there’s anybody that will put together a system, if we have to have a regulatory system, that Senator Garrett can probably do this. I do like the fact that we’re expanding the number of Board members from five to nine. And I may like it for a different reason than just the expediency of conducting these Board meetings. Senator Hultgren and I represent Naperville, which is the home of Edward Hospital, where literally the CEO of our hospital wore a wire for the federal government because of the corruption at the Health Facilities Planning Board. A pretty sorry state when shakedowns and bribery are taking place at the very Board that provides and determines whether people in my district or Senator Holmes’ district have access in rush hour, God forbid, to emergency services in a reasonable time. This is really serious stuff, especially if you live in the fast-growing communities that some of us represent. So having complete faith in who’s sponsoring this bill and wishing that we could do what most states have done and just abolish this stuff, the only thing I urge, Senator Garrett, is that, in the end, you make this regulatory burden as small as possible on Illinois hospitals while protecting our community hospitals from predators who come in and just want to pick off and cherry-pick off the good profitable business and then leave, whether it’s Evanston Hospital or whatever, our community hospitals with all the non- profitable business. But, you know, you have -- if you -- if you need me or Senator Hultgren to get involved, we’re more than willing to -- to help you. But in you I trust. But this is really, I think, one of the more important matters this 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Legislature will consider this Session. And I’ll vote for it primarily ‘cause you’re the sponsor. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Wilhelmi.

A. J. Wilhelmi (D)

Thank you, Madam President. I, too, rise in support of Senate Bill 611. And I want to compliment Senator Garrett on her hard work on this issue. As has been stated by other Members of this Body, this CON process is crucial for the -- the safety-net hospitals, for the community hospitals, and I know that we’re going to have more work on this issue, but for now we need to extend this -- this Act. We cannot allow it to sunset on April 1st of this year. And we also -- I want to congratulate Senator Garrett on looking at ways to make this a better Board. And it does need to be a better Board. And by expanding it to nine members, we'll bring in new levels of expertise that may be missing from this Board. And also with the Lewin Group suggestions, with Senator Garrett’s leadership, we’ll continue to make sure that whatever this Board looks like at the end of the process will be the best for the residents of the State of Illinois and making sure those that don’t have health care are not put in jeopardy by hardship to our safety-net hospitals and our community hospitals. And I urge an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Madam President. To the bill: The -- there have been several references to the Lewin Group Report. The Lewin Group Report was commissioned by the Commission on Government 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Forecasting and Accountability, which I’m flattered to serve as the Senate Co-Chair. The Lewin Group Report really helped sharpen the focus on this issue to what the -- and provided an independent analysis on whether the Health Facilities Planning Board and its primary function, the certificate of need process, are fulfilling their core mission. Those missions are not necessarily how do we get hospitals built in fast-growing areas of the State. The core mission of hospital -- of the Health Facilities Planning Board and the CON process are: one, to control costs, particularly as they relate to hospitals that serve higher percentages of underserved populations; and two, to ensure that there is sufficient redistribution and reallocation of healthcare resources from communities that have an abundance of it to those which do not. The Lewin Group Report, an independent analysis that the Legislature commissioned, answered no on both counts. So, as we’re talking about reform, reform doesn’t mean going from five members to nine members; reform doesn’t mean having a certain set of qualifications where it otherwise didn’t exist. Reform is ultimately going to be determined not just on transparency and accountability and adaptability to changing demographics of the State; reform is going to mean how do we redistribute resources, particularly to those communities and those populations that are underserved. The Lewin Group Report says that the only reason why we should extend the CON process and have the Board is so we can protect those hospitals which do more than twenty-five percent in public reimbursement. That’s what their definition of reform is. I trust Senator Garrett with my life and I believe that she’ll do a wonderful job at navigating this process, but as we talk about 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 how we’re going to define reform, let’s follow the -- the blueprint that the independent analysis that we’re all invested in articulated. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett, to close.

Susan Garrett (D)

Well, it’s been a -- a -- a great conversation on this and I think everybody on both sides of the aisle said it extremely well. And I do pledge -- I -- I will make a commitment that we will get all of the experts together to make sure that the -- the final product is exactly what we want it to be. I can’t think of anything more important in this State, if -- if you are -- have an interest in health care, is to make sure that the stabilization of health care is in place. And that’s exactly what the mission is of this Health Facilities Planning Board. And to hear that hospitals are trying to get the approval of, you know, certificate of need and it’s not happening, you know, shame on us. We have to make sure that that does happen and it’s a fair process. So thank you very much for your comments and I do urge an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall Senate Bill 611 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, 1 voting Nay, none voting Present. And Senate Bill 611, having received the required constitutional majority, is declared passed. Senator Althoff, on 612. Madam Secretary, read the bill.

Deborah Shipley

71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Senate Bill 612. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.

Pamela J. Althoff (R)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 612 provides that townships may administer a recycling program in the unincorporated areas of the township. Currently, statute permits them to adopt rules, regulations and penalties relating to recycling programs, but they’re not authorized to administer one. We’re just correcting that oversight. There is absolutely no cost, and I would ask for an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 612 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 612, having received the required constitutional majority, is declared passed. Senator Crotty, on Senate Bill 620. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 620. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty. 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

M. Maggie Crotty (D)

Thank you very much. Senate Bill 620 amends the Public Utilities Act. It provides that the ICC may authorize certain public utilities to impose a fire protection charge to meet the fire protection needs of the customers. Right now, it -- it does that to municipalities or fire -- public fire protection districts. And what that actually has done is, really has formed a -- a huge disparity in the customers’ rates. So, at this point, it would go throughout the -- the fire protection district on a more even basis. Right now, there are smaller communities that may have a treatment plant or a water storage plant, and because of those assets, that has increased the fees in that community; whereas, when the assets aren’t in the community, I’ve seen some of the communities be half the price of that rate.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion? Seeing none, the question is, shall Senate Bill 620 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 620, having received the required constitutional majority, is declared passed. Senator Jacobs, on Senate Bill 627. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 627. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs. 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Mike Jacobs (D)

627 is an effort to protect the Off-Highway Vehicle Trail Fund from being swept. Ninety-two percent of the -- the -- the Fund dollars will be sent back to the trails, which are falling under disrepair, and eight percent for administration. I’d appreciate your favorable consideration.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 627 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. And Senate Bill 627, having received the required constitutional majority, is declared passed. On the top of page 22. Senator Demuzio, on Senate Bill 640. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 640. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

Yes. Thank you, Madam President, Members of the Senate. Senate Bill 640 amends the Nursing Home Care Act regarding the terminology of facility. It may -- Senate Bill 640 clarifies what -- a supportive living facility and a shared housing establishment are not facilities under the Nursing Home Care Act, except for provisions of the Nursing Home Care Act pertaining to 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 the nurse aide registry and the employment of individuals such as nursing assistants, habilitation aides or a child care aide. The nurse aide registry collects and maintains information about a worker’s training courses and the criminal background. Also, according to AARP, by requiring supportive living facilities and assisted living facilities to check nurse aide registries, residents will be better protected from abuse and neglect. I ask for an Aye vote.

Debbie DeFrancesco Halvorson (D)

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

Carole Pankau (R)

Thank you. This bill passed unanimously out of committee, and I urge an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 640 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. And Senate Bill 640, having received the required constitutional majority, is declared passed. Senator Demuzio, on 641. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 641. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Yes. Thank you, Madam President and Members of the Senate. Senate Bill 641 amends the School Code regarding mandatory vision exams. Presently, under current law, a child must have a health exam before entering the kindergarten or first grade, whichever he or she enters first, at a public, private or parochial elementary school. This would require then an eye examination be included in that pre-health -- pre-school health exam.

Debbie DeFrancesco Halvorson (D)

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

David Luechtefeld (R)

Thank you, Madam President, Members of the Senate. Senator, this particular bill was opposed by the School -- School Management Alliance. I don’t think they were -- they were actually -- there was a slip, but it wasn’t read from what I understand in this -- in the meeting. Do they still oppose that?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

Yes, I was just told that that -- that is true. I was not aware of that.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld.

David Luechtefeld (R)

Why would -- do you know what their opposition consists of?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

Yes, it’s my understanding that apparently they feel that this -- is a -- a mandate. 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld.

David Luechtefeld (R)

Well, Senator, it is, isn’t it? I mean, not that they just feel, but it is a mandate.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

Yes. I -- I would -- I would say that that’s -- that’s true.

Debbie DeFrancesco Halvorson (D)

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

J. Bradley Burzynski (R)

Thank you. Will the sponsor yield for a question?

Debbie DeFrancesco Halvorson (D)

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

J. Bradley Burzynski (R)

Yeah, I meant to ask this question in committee. Just very -- will -- if a child doesn’t get an eye exam, will they not be allowed to enter school?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

No, they’ll still be able to go ahead, and I believe that there’s -- we were -- we were talking about a length of time possibly that they would be able to have to get that. And I think the question also came up in terms of what if they were not able to go ahead and -- and get eyeglasses or whatever. And it’s -- with that I’ve been told that there’s numerous organizations and there’s a list of availability in terms of being able to get 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 frames and help them get started.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 641 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 641, having received the required constitutional majority, is declared passed. Senator DeLeo, on Senate Bill 644. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 644. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Madam President, Ladies and Gentlemen of the Senate. I’m sure most of you recall, last year we passed this out of the Senate fifty-seven to nothing. This allows the coroners to participate in the Sheriffs’ Law Enforcement Employee Retirement Fund, commonly referred to as SLEP, and it went over to the House and the language -- they needed a pension bill and the language got stripped out, so I’d like to send it back over to the House again. So I’d ask for a favorable roll call.

Debbie DeFrancesco Halvorson (D)

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

Chris Lauzen (R)

Question for the sponsor. 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Debbie DeFrancesco Halvorson (D)

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

Chris Lauzen (R)

My analysis says that the Metro Counties is opposed to this and it -- maybe that’s accurate, maybe it’s not. Could you verify whether they’re opposed? And if they are, what their opposition to this is?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: I understand, at the committee, the Metro Counties did oppose the bill. They’re saying that coroners that show up at crime scenes do not face the same danger of those sheriffs and they don’t think they should be in the same pension fund. So, having said that, that’s why they’re opposed to it.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lauzen.

Chris Lauzen (R)

Is there any increase in benefits or decrease in benefits in this bill?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: I don’t know. I -- I do know that in order -- order -- this bill makes them eligible to go into the SLEP Fund. If there -- if we do pass this bill, they have to pay their contribution and -- to -- to the -- to the retirement system. The fiscal impact, we -- they asked for a fiscal impact last year. I still have a copy of it and it says, quoted, it is expected to be very minimal 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 and there’s no State funds.

Debbie DeFrancesco Halvorson (D)

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

J. Bradley Burzynski (R)

Thank you, Madam President. To the bill: I rise in support of the bill. It does affect thirty-two counties. One of the reasons that I’m supporting it and -- is strictly because in the absence of a sheriff - if a county does not have a sheriff - the coroner is actually the acting sheriff of that county and -- and fulfills those roles. I think the Metro Counties is probably opposed to it because of that -- that cost. There is an increase in benefits. But I’m just rising in support of the bill because I believe it’s fair.

Debbie DeFrancesco Halvorson (D)

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

Bill Brady (R)

Thank you, Madam President. I also rise in support of the bill. There is a minimum -- minimal cost, but it passed unanimously in committee. And I recommend an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator DeLeo, to close. SENATOR DeLEO: Thank you very much, Madam President. I hope we can get the same roll call we had last Session.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall Senate Bill 644 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Nay, none voting Present. And Senate Bill 644, having received the required constitutional majority, is declared passed. Senator Viverito, for what purpose do you rise?

Louis S. Viverito (D)

Thank you, Madam Chairman. I had voted on Senate Bill 640 and apparently my switch didn’t record it. I would appreciate you taking care of that. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Can you clarify your intent, please, and which bill?

Louis S. Viverito (D)

Yes, I’d -- I’d like to be recorded as a Yes.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) On?

Louis S. Viverito (D)

Senate Bill 640. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) So your intent was to vote Aye on 644 {sic}. The record shall so reflect. Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Madam President. Could the record please reflect that, on Senate Bill 627, I had the same malfunction as Senator Viverito and Senator Kotowski and I wish to have been recorded -- I intended to be recorded as voting Aye for Senate Bill 627.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect. Senator Cullerton, on Senate Bill 650. Senator Maloney, on 673. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 673. 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney.

Edward D. Maloney (D)

Thank you, Madam President. This is simply a bill to ensure that bicycle events that take place for charitable organizations on streets have a plan of safety for all its participants. I know most municipalities abide by this, but this simply puts it in the statute. I’d be happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

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

Larry K. Bomke (R)

Thank you, Madam President. I rise in support of this bill. It came out of Transportation Committee with no opposition. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 673 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 673, having received the required constitutional majority, is declared passed. Senator Bond, on 678. Senator Trotter, on 715. Senator -- well, with leave of the Body, we’ll return to 725. Senator Garrett, 729. Senator Garrett, on 729. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 729. 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

Can you just wait a second? I was thinking we were going to do something else instead. Okay. Senate Bill 729 creates the Chicago {sic} (College) Campus Press Act, which provides that all campus media produced primarily by students at all public universities and community colleges is a public forum of expression by the student journalists and editors at the particular institution. The Act provides that campus media is not subject to prior review by public officials of those institutions. The Act further provides that collegiate student editors of campus media are responsible for determining the content of the campus media and prohibits a college media adviser from being terminated, transferred and removed or otherwise disciplined or retaliated against for refusing to suppress protected free speech.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 729 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And Senate Bill 729, having received the required constitutional majority, is declared passed. Senator Viverito, for what purpose do you rise? Thank you, sir. Senator Garrett, on Senate Bill 730. Madam Secretary, read the bill. 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Deborah Shipley

Senate Bill 730. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

Thank you, Madam President. Senate Bill 730 requires all automatic sprinkler systems installed after January 1, 2009, to have a sensor that prevents or stops operation of the system when there is sufficient moisture in the ground. The requirement does not apply to golf courses or agricultural lands. I’d be happy to answer questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill… Senator Righter.

Dale A. Righter (R)

I apologize for being slow on my switch, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) No problem.

Dale A. Righter (R)

Will the sponsor yield, please?

Debbie DeFrancesco Halvorson (D)

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

Dale A. Righter (R)

Senator Garrett, what compelled you to file this legislation?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett. 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Susan Garrett (D)

Well, as you know, Senator, I’ve been very involved in water issues and water conservation issues and I heard about this particular -- I guess that you’d call it devices and so I worked with some groups to put the legislation together.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Can -- can you tell me for the -- maybe -- I assume you’ve talked to the manufacturers of these systems.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

Senator, what I did do was make sure that this was a competitive issue and that nobody in this Chamber would ever think that there was only one manufacturer of this device. So I have researched it enough to know that there are several of these out there and they are very inexpensive.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Well, Senator, I want to be clear. I wasn’t -- that’s not the road I was going down at all. I -- I mean -- so what you’re saying is that there is an -- there’s some kind of attachment you can put on a sprinkler system that will inhibit its inner -- will interrupt its working while there’s a time of inefficient rainfall, is that right?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett. 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Susan Garrett (D)

When there is a certain amount of moisture in the ground, these devices automatically turn off a sprinkler system.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

When is the date by which homeowners would have to have these attached to their sprinklers?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

Think it’s five years. January 1, 2009.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Last question on this bill, Madam President. Thank you for your indulgence. Senator Garrett - and I guess this is the -- I -- I think will be the toughest one to answer - who’s going to enforce this? I mean, are we going to have the -- the sprinkler cops driving around the neighborhoods, digging up people’s yards, and seeing that there’s not a moisture monitor on the sprinkler system? And -- and then what happens to that person if they -- they’re found out not to have a system?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

Well, obviously the point is not to penalize people for not having these. For all new sprinkling systems that are installed, they will automatically have these types of devices. So, I don’t 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 think we’re going to need a sprinkler patrol going around neighborhoods. So it should just take care of itself.

Debbie DeFrancesco Halvorson (D)

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

Christine Radogno (R)

I just have a question. Is there a way to override these monitors?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

You know, I don’t know all of the details of how they work. My guess is that you can.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.

Christine Radogno (R)

Well, two concerns. Number one, you can turn off your sprinkler, which I do when it rains, and a lot of people I know that have them just -- you -- you can simply flip the switch. That’s easy. But if you've got a situation like we had a couple years ago, where there’s been a lot of drought and a little sprinkle, then you’ve got to run and make sure it’s working properly. It doesn’t make sense. And as long as we don’t know the details of how it works, it just doesn’t make sense to me to pass something that’s going to be that widely applied and we don’t really know how it works or -- or what the impact is going to be. So I -- it just seems extremely intrusive to me, and I would vote -- urge a No vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett, to close. 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Susan Garrett (D)

Well, actually, this is a conservation issue. It’s a very small amount. The cost is -- is negligible. We can do this ourselves, or if anybody’s going to have a sprinkling system installed, the landscape contractor would obviously be able to do that. Many states are already doing this. These devices are available on the Internet. But if you are concerned with water conservation, this would be something that you should hopefully vote Yes for. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 730 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 Yeas, 15 voting Nay, none voting Present. And Senate Bill 730, having received the required constitutional majority, is declared passed. Senator Hultgren, on 738. Senator Demuzio, on 746. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 746. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

Yes. Thank you, Madam President and Members of the Senate. Senate Bill 746 amends the School Code and the State Finance Act regarding the technology immersion project. As you well -- as you may recall, several years ago, back in 2004, we passed a bill 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 out allowing laptops in the classroom. We then came back last year and we were able to pass that bill out. This bill now will be an extension of the -- of the time frame for that immersion tech -- pilot project with the laptops in the classroom.

Debbie DeFrancesco Halvorson (D)

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

J. Bradley Burzynski (R)

Thank you, Madam President. Will sponsor yield for a question?

Debbie DeFrancesco Halvorson (D)

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

J. Bradley Burzynski (R)

Senator, I apologize. I must have been asleep in committee when this came in front of us, because I’m not sure I would have voted for the bill in committee. But I -- it’s my understanding that there is a report that’s due on the current pilot project in August of 2007, and yet we’re already expanding the program without having that report come due. Can you tell me why?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

Yes. Thank you -- thank you for your question. I’ve had the opportunity to visit many of the schools that are in this particular pilot project. One happens to be in Calhoun County and we have been seeing a huge amount of success in terms of the ability of what laptops in the classroom can do. It not only has expanded their horizons, but the children have also been able to expand their parents’ horizons too, in that particular school district. I have heard similar reports in some of the other -- 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 from some of the other schools, and I can only estimate that this report and what we’re going to be finding is that this is a very successful pilot program and so we are now wanting to go ahead and -- extend this with the understanding that, of course, if funding is available. We were just now able to get funding last year. We waited, and if funding is available, we’d like to have this in place so we could proceed.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.

J. Bradley Burzynski (R)

Thank you. So then, last year we funded the program at five million and this coming -- this bill calls for a ten-million- dollar appropriation?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

No. No. There is no appropriation and this is -- we’re going to go ahead and have this in place if, in fact, there is an appropriation available.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cronin.

Dan Cronin (R)

Yes, thank you, Madam President. I rise in support of the bill, and I just offer this thought to all Members, especially my Members on the side -- this side of the aisle. You know, technology, of course, has a lot of promise and it’s delivered in many ways to help bridge the divide and provide education to those who -- who don’t. But, you know, one of the issues that hits home with a lot of us is this notion of textbooks - these 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 weighty textbooks that are in our children’s backpacks. And you know, I look at this pilot project as a way to really offer a meaningful new direction in the way our children learn with the tools and the resources. You know, these sixty-five-pound backpacks that kids lug back and forth to school - if you’re looking for a solution to that, this is the direction we want to go. We want to have laptops. You want kids to carry CDs. This is the direction that we should go; we must go. And this is the pilot project that deserves your support. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 746 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Yeas, 4 voting No, none voting Present. And Senate Bill 746, having received the required constitutional majority, is declared passed. Senator Lauzen, for what purpose do you rise?

Chris Lauzen (R)

Thank you, Madam President. Point of personal privilege.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

Chris Lauzen (R)

I’d like to introduce Ann Winkle and five young ladies from Rosary High School in Aurora who are in the gallery over on the Republican side. They are here representing Rosary High School at the Abstinence Education Day at the Capitol and they are in the red T-shirts. So I’d like to welcome them to Springfield.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Will our guests in the galleries please rise? Welcome to Springfield. Senator Demuzio, on Senate Bill 1165. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1165. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Deanna Demuzio (D)

Yes, thank you, Madam President, Members of the Senate. Senate Bill 1165 amends the School Code and just repeals obsolete and duplicate language. This is relating to the powers and duties of the regional office of education. The Auditor General’s Office, the State Board of Ed and the Illinois Association of Regional Superintendent of Schools have identified several areas of the School Code that -- that address the duties of regional superintendents that seem to be obsolete or duplicates. The bill repeals five Sections of those, and I ask for a favorable vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1165 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Yeas, none voting Nay, none voting Present. And Senate Bill 1165, having received the required constitutional majority, is declared passed. Senator Koehler, on Senate Bill 1174. Madam Secretary, read the bill. 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Deborah Shipley

Senate Bill 1174. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Koehler.

David Koehler (D)

Thank you. Thank you, Madam President and Members of the Senate. This bill is -- would be permissive for local units of government to require homeowners within their jurisdiction to verify once every three years if they have a working septic -- system which would be inspected by a licensed private sewage disposal system contractor. So I’d urge your support.

Debbie DeFrancesco Halvorson (D)

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

Dan Rutherford (R)

Thank you, Madam President. Senator, right here. We had some discussion in committee on this and there was some local public health officials there. And the question at that time, I’d like for you to share with the Body: Could not a local public health department do this on its own?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Koehler.

David Koehler (D)

This is a -- you know, permissive for a unit of local government to do if they wanted to. But, yes, to answer your question, yes.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rutherford. 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Dan Rutherford (R)

So -- so if they can do that, then why do we have to have this bill?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Koehler.

David Koehler (D)

This is a way that, where you have septic systems in areas, that a -- a jurisdiction can determine that there is proper working septic systems in that. What we’ve seen is that there are some areas that have been developed a long time ago and what happens is that if there’s not a process by which you somehow determine that the -- they are properly functioning, you have problems. Initially, this was brought to us by Peoria County and they wanted to do this on an annual basis. We checked with some developers and with some homeowners and they felt that, really, on a three-year basis you are going to catch any problems that arose.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rutherford.

Dan Rutherford (R)

Thank you -- thank you, Madam President. I just -- Senator, we discussed this in committee. I’m going to take pause on this legislation, because what we’re doing here is actually setting up a statewide standard. And -- and -- and -- let me pose it as a question. Senator, does this set up a statewide standard mandate for all systems throughout the State if this were to become law?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Koehler.

David Koehler (D)

94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Absolutely not. This is permissive and I think that I see this as a very homeowner-friendly way of doing this, because if we allow it as permissive legislation, then those areas can do it who want and it does not set a statewide mandate. It does not.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rutherford.

Dan Rutherford (R)

Yeah. I’m -- I’m still going to stand in opposition to it, because if it is permissive, and yet you say that you can already have a local public health department do this, I guess I don’t see any need for this. And it -- and whenever the State starts to come in, and particularly when we start looking at such areas as septic inspections, we’ve already had some problems and issues with this around the State. I reluctantly, Senator, I’m going to have to stand in opposition to your legislation. And thank you.

Debbie DeFrancesco Halvorson (D)

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

Dale A. Righter (R)

Thank you, Madam President. Will the sponsor yield, please?

Debbie DeFrancesco Halvorson (D)

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

Dale A. Righter (R)

Senator, you and I have also talked about this legislation and specifically talked about a prohibition against allowing counties to charge a fee associated with ensuring there is some kind of contract in place. Does this address that?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Koehler.

David Koehler (D)

95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 Thank you, Madam President. Yes, Senator Righter, this does. There may not be a fee charged in this.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Now, if I might, Senator, following up a little bit on Senator Rutherford’s questioning, now, were fee -- were counties allowed to charge fees -- if -- if -- if this becomes law, would a county which before would have been allowed to charge a fee, will they be prohibited from doing so now?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Koehler.

David Koehler (D)

Yes, my -- my advice, Senator Righter, is that this is permissive. This -- this allows a county not to charge a fee, but if they are charging a fee, apparently that is able to be continued.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter

Dale A. Righter (R)

Thank you, Madam President. Senator, is that because there’s a grandfather clause in the bill or because they have already set in place their own ordinance and this bill somehow allows them to continue down the path, if you will, that their ordinance allowed them to do? I mean, is there specific language in here with regards to grandfathering?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Koehler.

David Koehler (D)

96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 The advice I’ve been given, that this does not include a grandfather clause on that.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Then, Senator, explain to me a little bit, and the -- and the Body, then why it is you believe that counties that are currently charging fees will continue to be allowed to charge those fees once a State law is -- is put in place. Because obviously State law is going to be considered to be supreme over a county ordinance on this issue or any other. Thank you, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Koehler.

David Koehler (D)

What I can tell you is that, again, this is -- this is permissive. It doesn’t preempt any unit of government. Certainly, it would be home rule. It provides that, again, this is something that a -- a -- a local unit of government can do if it wants to have some system by which it could verify that there are working septic systems. In terms of undoing what’s in place right now, my understanding, this does not undo any of that.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 1174 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 45 Yeas, 9 voting Nay, none voting Present. And Senate Bill 1174, having received the 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007 required constitutional majority, is declared passed. Madam Secretary, Messages.

Deborah Shipley

Have a Message -- Message from the Governor by Joseph B. Handley, Deputy Chief of Staff for Legislative Affairs, dated February 8th, 2007. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 95th General Assembly - I have nominated and appointed the following named persons to the offices -- enumerated below and respectfully ask concurrence in and confirmation of these appointments -- of your Honorable Body. Rod Blagojevich, Governor. We have like Messages dated February 26th, March 2nd, March 8th and March 15th, 2007.

Debbie DeFrancesco Halvorson (D)

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

Deborah Shipley

Senate Resolution 101, offered by Senator Peterson and all - - all -- all Members. It’s a death resolution, Madam President.

Debbie DeFrancesco Halvorson (D)

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

Deborah Shipley

No other resolutions. Pardon me. Pardon me. Senate Joint Resolution 38. (Secretary reads SJR No. 38) 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day 3/15/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 38. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Viverito moves for the adoption of Senate Joint Resolution 38. All those in favor will say Aye. Opposed, Nay. The Ayes have it. And the resolution is adopted. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?

Deborah Shipley

No objections filed.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The resolutions are adopted. Pursuant to Senate Joint Resolution 38, the Senate stands adjourned until Tuesday, March 20th, at 12 noon, 2006. The Senate stands adjourned. I mean 2007. The Senate stands adjourned. 99