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 and will the guests in the galleries please rise? The invocation today will be given by Chaplain Colonel Daniel Krumrei, Command Staff Chaplain for the Illinois National Guard, here in Springfield, Illinois.
(Prayer by Chaplain Colonel Daniel Krumrei)
PRESIDING OFFICER: (SENATOR HALVORSON) Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Thursday, March 29th, 2007.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.
Madam President, I move that the Journal just read by the Secretary be approved, unless some Senators has additions or corrections to offer.
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.
1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senate Resolution 130, offered by Senator Haine and all Members. It’s a death resolution, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions Consent Calendar.
And Senate Resolution 129, offered by Senator Hunter. It’s substantive, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Messages.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has 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 45. (Secretary reads HJR No. 45) Adopted by the House, March 29th, 2007. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito moves to suspend the rules for the purpose of immediate consideration and adoption of House Joint Resolution 45. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Viverito moves for the adoption of House Joint Resolution 45. 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 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?
No objections filed, Madam President.
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. Motion carries, and the resolutions are adopted. Illinois Information Services seeks leave to videotape the proceedings. Is leave granted? Leave is granted. All Members within the sound of my voice, please come to the Senate Chambers. We will go immediately to 3rd Reading. All Members come to the Senate Chambers immediately. We’re going to 3rd Reading. So if everybody can turn their Calendar to page 8, we will be starting on Senate Bills 3rd Reading, starting with Senator Hultgren on Senate Bill 710. Senator Hultgren, on 711. Not on 710, correct? This is 711. Madam Secretary, read the bill.
Senate Bill 711. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hultgren.
Thank you, Madam President. This is a bill that was brought to me by the State’s attorneys and it makes a single word change so that various theft and fraud crimes can be charged as a single 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 offense in a single account {sic} (count) of the same indictment. And really just changes one word. Right now it requires two circumstances to happen. What we’re changing is to allow either circumstance to happen to allow this to be prosecuted by State’s attorneys. Really goes after fraud -- fraudulent activity and schemes out there, conspiracy work, and things. So, I’d ask for the Body’s support.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 711 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 711, having received the required constitutional majority, is declared passed. Senator Trotter, on Senate Bill 715. Madam Secretary, read the bill.
Senate Bill…
PRESIDING OFFICER: (SENATOR HALVORSON) Oh! I’m sorry, Madam Secretary. Senator Trotter seeks leave of the Body to return Senate Bill 715 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 715. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter, to explain Amendment No. 1. 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Thank you very much, Madam President. Senate Amendment No. 1 just adds the language, subject to appropriations.
PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion on the amendment? Seeing none, Senator Trotter moves the adoption of Amendment No. 1 to Senate Bill 715. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
…further amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 715. Senator Trotter, do you wish to proceed? Madam Secretary, read the bill.
Senate Bill 715. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
Thank you very much, Madam President, Members of the Senate. Senate Bill 715, as amended, requires the Department of Human Services to create twenty new school health centers over the next five years, beginning July 1st, 2007. It also requires the Department to build capacity with existing health centers in the State. Presently there are fifty health centers in the State and it has been determined that those health centers, which have been 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 functioning almost twenty years now, have saved the State upwards to almost 5.2 million dollars annually. That’s 2.7 million dollars for those individuals who did not have to go to emergency rooms to address those chronic illnesses of diabetes and asthma. It has been a -- a positive force and working for us and keeping our children healthy in our schools. And I ask for its passage.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Hultgren.
Thank you, Madam President. Would the sponsor yield for a quick question?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Just had a quick question, Senator Trotter. Would these health centers in grammar schools and high schools, would they also include distribution of contraceptives, or condoms, or abortion referrals?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
If that is the choice of those school districts that choose to have those services. These rules are determined by each jurisdiction, which services they would like to have administered at school. Contrary to what other individuals have written and have said, that this is a lot of all or nothing program, a menu is presented to the parents of which services they would like for their child to have at those schools. If they want their child to come in for immunizations, the school would do that. If they 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 do not want their child to come in, say the elementary school children, to be subjected to sexual information, that would not be done as well. Currently -- currently, State law allows children, young children, to have access to certain services without the consent of their parents already. That’s inclusive of birth control, testing for HIV, rape victim services, treatment for sexually transmitted diseases, and outpatient mental health care as well. So, this bill does not make any laws that they -- they have to do it other than -- it doesn’t circumvent any laws already on the book and it certainly does not force parents to accept this in their schools if their jurisdiction so determines.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hultgren.
Thank you. Just real quickly to the bill: I -- I know it’s early in the morning and we’re just getting going and -- and with all due respect to the sponsor and his good work on this, I do ask my colleagues to be careful on this. There is some concern of opening up more accessibility to young children to sexual information. Even though I know there has been work done to protect those children, I am concerned about that and I would ask my colleagues to vote No at this time.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Dillard.
Thank you, Madam President. I really don’t have a major problem with what the Senator’s trying to accomplish. But as a parent, I do have one big problem that’s going to make me vote No 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 on Senate Bill 715, and that’s that the consent form, as I understand it, is one-size-fits-all. If you give permission as a parent for one of these services, you consent to all. And that’s why I very reluctantly rise in opposition to this bill.
PRESIDING OFFICER: (SENATOR HALVORSON) …further discussion? Senator -- oh! Senator Trotter.
Senator Dillard, I -- I just mentioned that. That is untrue. That is some misinformation that is going out. Each jurisdiction has the authority -- each school district has the authority to create a menu of services that their child -- that they want their child to be subjected to. If they want to go down the list, that’s it. This is not one-size-fit-all.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Radogno.
Thank you, Madam President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator, in committee we had a little bit of discussion about how the determination would be made as to where these clinics go. It’s an expansion of twenty. How can we be assured that they will be distributed fairly throughout the State?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
This would -- the -- the determinations will be done on a competitive basis. What we’re asking for is the creation of 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 twenty new clinics over five years. Presently there are thirty people on the waiting list throughout the State that are trying to get here -- on -- on this -- to get a -- a clinic in their areas. If, in fact, if we’d -- expand it maybe to thirty, then we can meet all those concerns, but ‘cause we do not, the Department of Public Health -- excuse me, not the Department of Public Health, the Department of Human Services will make that determination through this RFP process of sorts.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
What is the basis of the competitive process? I mean, how will the -- the factors be weighted?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
Those are rules that will be determined and made up by the Department of Human Services. They’ll be working in conjunction with those who have sites already of what the criteria should be and -- and the determining factors of who will win that competitive bid.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
In the absence of any assurance that the criteria that are developed would end up distributing ‘em throughout the State, I think that’s a problem and, you know, that was raised in committee. It would be very easy to weight the criteria so that all these health centers went to one area. And another point 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 that was raised in committee is the fact, and it -- and it applies to this as well, that the President of the County Board in Cook has closed fifteen health centers because they weren’t effective. And one of my concerns is that we would end up just substituting the State supporting what the county has determined is ineffective at this point. If we had criteria that were out here, that might change my mind. But absent that, I would urge people to vote No. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
Cook County did close clinics. However, it wasn’t because they were ineffective. It was, and -- or -- or even cost ineffective. As you know, there is a -- a revenue problem in the County of Cook. What they’ve done is they’ve consolidated some clinics who did not have as many patients or as many clients coming in. But that had nothing to do with that they had no merit whatsoever. What -- one of the biggest things that people of Cook County have asked -- and as a resident of Cook County and someone who sat on that board and determined which -- which facilities had to be closed, we had to do it again based on the monies that were available, not because of the services that were being rendered. And those services, though closed, have now been basically embraced by those clinics that are still open.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
Your answer to that question just makes my concern even greater that what -- if you were saying the reason they closed 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 the clinics is because Cook County couldn’t afford them, here we have this program with no criteria at all. It looks to me like we just end up substituting the revenue of the State that’s gathered from all over the State to support a Cook County function. It ought to be a Cook County Board function. Again, if there were clear criteria that would ensure us they’d be distributed throughout the State, it would be a different story. We don’t have that. So, I won’t get up again.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
And I -- I think this is very healthy, if I may say so, a healthy debate. The deal is, is that Cook County, part of their problem is, is because we have been subsidizing health care to -- to DuPage County, subsidizing it to -- Kane County and to Will County. So once they can get their dollars together, they will be more self-sufficient than they have been. If we can, in fact, get some coordinated care in Cook County with the surrounding counties, then -- then certainly the dollars will be there. But this is something that does work. The rules will be worked out with Department of Human Services, and I believe, as any rules that are made with the various departments, there could be and should be input from this Body. So it is not a open-and-shut case, and I ask for the passage of this bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Luechtefeld.
Thank you, Madam President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Sponsor indicates he’ll yield.
Senator, if you would clarify a little bit, you said, for instance, that the schools get to determine what, for instance, what’s -- what they’re going to do. Can -- for -- give an example. What if the school says “we’re going to pass out contraceptives”? You also then said that they -- they could make that decision whether -- what’s -- what if they -- and -- and that individual parents could opt out of that. What if they make the decision that that’s not the case, that individual parents can’t opt out of that? So it would then be one-size-fits-all. Am I wrong?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
Based on that example, correct. But that’s what makes this such a wonderful democracy. If the majority of the individuals in that school district say this is what we want - and they’re elected officials as well - if they make that determination and say this is what we want for all of our children in this district, then that is something they have to be answerable to, to those individuals that put them in office. But we in this Body are not making that determination for ‘em. The language is -- is -- is clear that each jurisdiction, as it’s been in the past, over the past eighteen years, that they have the right to decide what the children in their -- in their district should have based on the laws that are presented in this bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld. 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
But, Senator, following your argument, and -- and if you have children, you -- I don’t think you would want to let your children do everything that a majority of the people in your district said was okay. You -- you know what I’m saying? You -- there -- there are times when democracy doesn’t work for your family, that you’re going to say, no, I -- my kids aren’t going to be put in that. But it appears that’s the -- that’s not the case in this particular situation.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
And that is the right all of us have. I mean, these are public schools and, again, we elect the school board members who make up the -- the rules and the bylaws and guidelines in which our children are being taught. If you want to opt out of that, and which is why they have private schools, if you do not want your child to be taught that, which is why we have homeschooling, which is why we have a lot of alternatives in which we, as parents, can decide what our children need to learn.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld.
But -- but, Senator, if you -- you’ll -- so you’re saying that if you don’t like this, then send your child to a parochial school or to homeschool. But you may not be able to do that or afford that. Again, you know, when it’s our kids, if it’s your children, you are not going to go along with what the school board says all the time. And if that’s a blanket policy, then 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 you’re sort of stuck with it. Unless you have those options of going to another school, you’re stuck with this -- with this decision that a school board makes. And -- and again, I -- I know you’re trying to do good things and -- but -- but this is a real problem for, I think, an awful lot of parents. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Martinez.
Thank you, Madam President. I stand in strong support. I have a high school in my district that has a health clinic. And let me just tell you that it is a facility within the school that really, really works for our young people. Our young people are not ones that like to go to the doctor. But they’d rather go within the school and setting, and go and see the clinic nurse. I have a partnership with our hospital that is nearby there, Swedish Covenant Hospital, who actually helps the clinic function. So I think we can go out there and get these clinics up and going and ask some of the local hospitals that are in the area to help out the way my hospital helps out the schools. So I urge a Yes vote, ‘cause I think this is the right thing for our young people.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter, to close.
I just ask for an affirmative roll call.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 715 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 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 wish? Take the record. On that question, there are 29 Yeas, 21 Nays, 3 voting Present. And Senate Bill 715, having not received the constitutional majority, is declared failed. Senator Trotter, for what purpose do you rise?
Yes. I would like to put Senate Bill 715 on Postponed Consideration, please.
PRESIDING OFFICER: (SENATOR HALVORSON) That is always in order. Senator Trotter requests that Senate Bill 715 be postponed. The bill will be placed on the Order of Postponed Consideration. Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin, for what purpose do you rise, sir?
Thank you, Mr. President. A -- a brief point of personal privilege. I’d like to introduce very special guests we have here today. We have Patrick Heraty, up there in the gallery on the left side, and we have his son, who is a Mighty Fenwick Friar, down here as an honorary Page for the Day. We have Ian Heraty. He’s a friend of Senator Crotty’s and I. Please give ‘em a warm welcome.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate. Love those Friars. We just love those Friars. Senator Wilhelmi, for what purpose do you seek recognition, sir? No. Okay. Moving right along. Senate Bill 719. Madam Secretary, please read the bill.
Senate Bill 719. (Secretary reads title of bill) 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
…President -- thank you, Mr. President, Ladies and Gentlemen of the Senate. 719 amends the Illinois Municipal Retirement Fund Article of the Illinois Pension Code. As amended, 719 allows regional councils of government to participate in IMRF. Regional councils of government include the Will County Governmental League and other such governmental leagues in the Chicagoland area, and they are not-for-profit organizations comprised of mayors from municipalities within a region, along with their staff. They work on regional issues. For example, in Will County, they work on issues such as the airport, on transportation issues, education issues and public works issues. IMRF is opposed to the bill as it currently exists. I want to make sure it’s clear that they are. However, the reason for that is because we were unable to work out an amendment that we’re hoping to work out in the House. IMRF would like to support this bill, but only if the IRS issues a ruling certifying that governmental entities are -- that -- that regional councils of government are, in fact, governmental entities. I’m going to have a House sponsor pick this bill up. We’re going to continue to work on the bill, but I’d like to see it pass out of the Senate. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Brady.
Thank you, Mr. President. I stand in support of the 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 gentleman’s motion and his agreement - we had hoped that this would be worked out with IRS language - his commitment that it will be before it goes anywhere in the House. It has to come back here for that reason. So we stand in support of it.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
A question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Lauzen.
Can -- can you describe to me, this is more pension benefits now for regional councils of government? Does that mean another layer of -- an encouragement for -- an encouragement or an incentive through pension benefits for another level of government perhaps? Can you describe how this is going to be used?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Senator, let me use Will County Governmental League as an example. They have an executive director and they have a total of five staff. They report to a -- a mayor who oversees as the president or chairman of the Governmental League; they report back to that mayor and that council on issues such as transportation and public works. They are essentially a -- a municipal employee. But they don’t work for one municipality, they work for a conglomeration of municipalities. In Will County, there are thirty-one. So, they came to me and said, 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 “Senator, we think that we are very similar to the staff that work for Mayor Claar and Mayor Schultz and other mayors in the -- in the Will County region.” And -- and I agree with them. I think that they are employees in the public sector, even though they are not officially working for one particular municipality, and I think this is the right thing to do.
PRESIDING OFFICER: (SENATOR HENDON) …Lauzen.
I appreciate the frankness of your answer, which is one of your hallmarks. It does seem to me that one of the things that Illinois leads in is the number of units of government. And it does appear, at least to me, that this is a -- another level of - - you know, we have local government. Now we have regional councils of local government. We have the State and federal, mosquito abatement, all the rest, and it seems like this gives another incentive to -- through pension benefits, to have those grow stronger. So, I -- I would just suggest -- I’m going to be a No vote, and -- and for those who are for less units of local government, the one area that Illinois seems to lead the nation, I’d -- I’d suggest a No vote to others.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi, to close.
Thank you, Mr. President. I simply ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 719 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 wish? Take the record. On that question, there are 51 voting Aye, 4 voting Nay, none voting Present. Senate Bill 719, having received the required constitutional majority, is declared passed. Get ready, Ladies and Gentlemen. We are about to pick up the pace. Senate Bill 725. Senator Halvorson. Madam Secretary, read the bill.
Senate Bill 725. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson.
…Mr. President, Members of the Senate. Senate Bill 725 is an initiative of the Illinois County Auditors Association. It provides for seventeen of the county auditors to get a stipend of six thousand five hundred dollars, like all of the other county officers. The sheriffs, the clerks, the treasurers, the coroners, the recorders, the assessors, everybody gets this stipend except for the auditors, and so we’re just saying that everybody should get the same thing. And the -- it would cost somewhere around a hundred thousand dollars.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall Senate Bill 725 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 725, having received the required 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 constitutional majority, is declared passed. Senate Bill 731. Senator Garrett. Madam Secretary, please read the bill.
Senate Bill 731. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Thank you very much, Mr. President. We have an agreement with the Department of Human Services that they will conduct a comprehensive study on the needs of women with disabilities who reside in the community and restructured {sic} (structured) living environment regarding sexual assault and the threat of sexual violence. We’ve learned - everybody knows this; it’s a fact - that people who have disabilities are sexually assaulted eighty-five percent of the time. This allows for education and discovery in any type of a facility. The cost of this will be paid for through a federal grant.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 731 pass. All those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 731, having received the required constitutional majority, is declared passed. Senate Bill 733. Senator Frerichs. Madam Secretary, please read the bill. 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Senate Bill 733. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
…Mr. President. Thank you, Members of the Senate. I rise in support of Senate Bill 733. It amends the Election Code and makes the minimum nomination petition signature requirements for independent candidates the same as those for candidates of an established political party for the same office. It also makes the period for filing all independent candidate petitions the same as that for new political party candidates. And I humbly ask support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion on this fine, young Senator’s first bill? Is there any discussion on this tall, fine, Abraham Lincoln Senator looking {sic} first bill? Senator Raoul.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will.
I thought I heard you indicate that you rise in support of this bill. This being your bill, would you do anything but be in support of the bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs. 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
…bill that’s this fair and promotes democracy, no, I would not.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
And when you rise in support, about how -- how high do you rise?
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
I rise to about eighty inches in height, and fortunately the cameras rise with me today.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator -- Senator Harmon.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Harmon.
Senator, I’m -- I’m a little confused about the -- the language in the bill here. We are all independent candidates. Under what rules will we be governed if -- if your bill becomes law?
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
…all of us are affiliated with an established political party. Some candidates are not established -- run with 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 established political parties.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. Senator, I -- I disagree. I’m a Democrat. I’m not affiliated with any organized party.
PRESIDING OFFICER: (SENATOR HENDON) Further -- Senator Harmon.
But I -- I’m going to have some trouble back at home, Senator. We -- we only support independent candidates in the Village of Oak Park where I’m from. We -- we don’t -- we don’t kowtow to this -- this political party nonsense. I’m really curious to know, wonder how many signatures am I going to have to get as an independent Democrat?
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Same as independent Republicans. The same as independent Greens. The same as all of us. This is just promoting fairness and equality.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 733 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 733, having received the required constitutional majority, is declared passed. Congratulations, young man. And boy, are you 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 lucky it’s Friday. Senate Bill 735. Senator Cronin. Senator Cronin. Madam Secretary, read the bill.
Senate Bill 735. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.
Thank you, Mr. President. Senate Bill 735 provides that municipalities may incorporate a non-for-profit public-facilities corporation to be the business agent for the municipality’s convention hall. This bill was discussed in committee. I know of no opposition. I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 735 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 735, having received the required constitutional majority, is declared passed. Senate Bill 738. Senator Hultgren. 738. Senate Bill - - Senator Hultgren. Out of the record. Senate Bill 744. Senator Peterson. Madam Secretary, read the bill.
Senate Bill 744. (Secretary reads title of bill) 3rd Reading of the bill. 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Peterson.
Thank you, Mr. President, Members of the Senate. Senate Bill 744 provides that all State’s attorneys outside of Cook County can charge a ten-dollar fee for court supervision of the Criminal Code and Vehicle Code violators that plead guilty. It’s supported by the State’s Attorneys Association, Metro Counties, Illinois Association of Circuit Clerks. I ask for your favorable roll call.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 744 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 1 voting Nay, none voting Present. Senate Bill 744, having received the required constitutional majority, is declared passed. Senate Bill 745. Senator Demuzio. Senator Demuzio seeks leave of the Body to return Senate Bill 745 to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 745. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio. 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Yes. Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 deletes everything and becomes the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing -- seeing none, Senator Demuzio moves adoption of Amendment No. 1 to Senate Bill 745. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio, Floor Amendment No. 2.
Yes. Thank you, Mr. President and Members of the Senate. Senate Bill 745 allows CPAs licensed in other states to practice in Illinois without having to attain an additional license or registration with the IDFPR.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Demuzio moves to adopt Amendment No. 2 to Senate Bill 745. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 745. Madam Secretary, read the bill. 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Senate Bill 745. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes. Thank you, Mr. President and Members of the Senate. As was noted, CPAs -- this will allow CPAs licensed in other states to practice in Illinois without having to obtain additional license or registration. It clarifies that the CPA licensee or the CPA firm employing the licensee are subject to Illinois laws and regulations while practicing in this State. It also exempts anyone who has passed a CPA exam and has been issued a CPA license by another state, also, prior to one and a half -- one to one-twelfth {sic} (1/1/12) from the educational requirements of the Illinois Public Accounting Act. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator John Jones.
Thank you, Mr. President. I just rise in support of the bill. It -- some of our analysis may show some No votes in committee early on, but it was a shell bill then. It’s an agreed bill now. And I would wholeheartedly support the bill.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 745 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 745, having received the required constitutional majority, is declared passed. Senate Bill 751. Senator Demuzio. 751. Out of the record. Senate Bill 752. Senator Martinez. Senate Bill 753. Senator Halvorson. Madam Secretary, read the bill.
Senate Bill 753. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson.
Thank you, Mr. President, Members of the Senate. Senate Bill 753 takes community colleges and puts them in the local government section of the Ethics Act, instead of being considered as a State agency.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Righter.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR HENDON) …bill, sir.
Thank you. Simply rise in support of the bill. I don’t think it was ever the intention that community colleges be caught up in this whole ethics exercise that we do here on the State level. And urge an Aye vote from our side of the aisle. Thank you. 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 753 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 753, having received the required constitutional majority, is declared passed. …Body, we’re going to skip some of the vehicles and go straight to Senate Bill 768. 768. Top of page 10. Senator Rutherford. Madam Secretary, read the bill.
Senate Bill 768. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford.
Mr. President, Ladies and Gentlemen of the Senate, thank you very much. A long time ago before Route -- before Interstate 55 was built, many people, and some in this Chamber, would come down Route 66 in order to get to the State Capitol from the north. Along Route 66, they remember the old State Police headquarters. It was built in 1941. It was abandoned in 2004 when the new regional State Police headquarters was built and is now occupied. The building along Route 66 is a part of the Illinois Historic Register, and just last week, it went on the National Historic Register. The building’s been abandoned by the State of Illinois and is actually starting to fall somewhat into ill repair. This legislation would transfer the surplus property from the State of 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Illinois to the County of Livingston, which is the home county where the property resides. The final disposition is yet to be organized and worked with the Friends of Route 66, but we do have participation and encouragement and support from the Friends of Route 66. And our intent is to eventually put this into public use to retain some of the assets of value along our old historic Route 66, and I would ask for favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 768 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 768, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we’re going to -- with the leave of the Body, we’re going to skip the vehicles and go to -- straight to Bill 774. Senator Collins. Senate Bill… Let’s go to the next bill. 776. With leave of the Body, we’re going to go to Senate Bill 776. Senator Raoul. Senator Raoul seeks leave of the Body to return Senate Bill 776 to the Order of 2nd Reading for the purpose of amendment. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 776. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, to explain your amendment. 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Floor Amendment 1 deletes all and becomes the bill. I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Raoul moves to adopt Senate Amendment No. 1 to Senate Bill 776. All in favor, say Aye. Opposed, say Nay. The Ayes have it, and amendment is adopted. Are there any further -- are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 776. Madam Secretary, read the bill.
Senate Bill 776. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 776, as amended, would create a Task Force on the Condition of African American Men. This task force would deal with the various disparities that affect or relate to African American men with regards to their rate of incarceration, lack of access to economic opportunity, likelihood to be in the child welfare system, shorter life expectancy, health disparities. This task force would develop strategies to reduce 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 duplication of services and maximize coordination between State agencies, providers, and educational institutions.
PRESIDING OFFICER: (SENATOR HENDON) Thank you.
I urge your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 776 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 776, having received the required constitutional majority, is declared passed. …leave of the Body, we’re going to skip all the way from 777 to 794. So we’re on 794. Is leave granted? Leave is granted. Senator Garrett seeks leave of the Body to return Senate Bill 794 to the Order of 2nd Reading for the purpose of amendment. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 794. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
…you. Floor Amendment No. 2 deleted Floor Amendment No. 1 and just puts in language that allows for the senior assessment 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 to provide for portability.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Garrett moves adoption of Amendment No. 2 to Senate Bill 794. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 794. Madam Secretary, read the bill.
Senate Bill 794. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Thank you very much, Mr. President. What we learned over the years is that seniors who qualify for the assessment freeze sometimes move and they have to wait a year - sometimes two years - to be able to enact their senior citizen assessment freeze. So this bill simply provides for portability and it disallows for anybody who moves up and buys a more expensive residence for them to allow to have the senior assessment freeze. So, there’s no opposition. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 shall Senate Bill 794 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 794, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to skip from Senate Bill 795 to Senate Bill 809. And the Chair certainly appreciates your succinct descriptions of your bill. Senate Bill 809. Senator Koehler. Madam Secretary, read the bill.
Senate Bill 809. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. This is a bill that allows an IMRF annuitant who has taken early retirement benefits to return to service with an IMRF employer in cases where the employee is not required to participate or elects not to participate in IMRF with respect to that employee -- employment. So, I would appreciate an Aye vote on this bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Brady.
Thank you, Mr. President. Stand in support of the gentleman’s bill.
PRESIDING OFFICER: (SENATOR HENDON) 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Question is, shall Senate Bill 809 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 3 voting Nay, none voting Present. Senate Bill 809, having received the required constitutional majority, is declared passed. Senate Bill 810. Senator Cullerton. Senator Cullerton. Out of the record. Senate Bill 811. Senator Hunter. Madam Secretary. Senator Hunter seeks leave of the Body to return Senate Bill 811 to the Order of 2nd Reading for the purpose of amendment. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 811. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Thank you, Mr. President and -- and Ladies and Gentlemen of the Senate. Floor Amendment 1 basically amends the -- the Employees Group, and I will speak more to it on the 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion on the amendment? Seeing -- seeing none, Senator Hunter moves adoption of Amendment No. 1 to Senate Bill 811. All those in favor will say Aye. Opposed will say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported. 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 811. Madam Secretary, read the bill.
Senate Bill 811. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Thank you, Mr. President. Basically, this bill amends the State Employees Group Insurance Act to require that the Department of Healthcare and Family Services to devise and implement a three-year collaborative preventive and wellness demonstration program. This is a continuation of -- of diabetes prevention programs that I’ve been introducing. And it -- and basically the intent is to improve the health outcomes of State employees. There is one hundred thousand dollars currently in the Diabetes Research Checkoff Fund that will pay for this bill - - pay for this bill. And there’s one error in here: It says it will cover Cook and -- Cook or Campaign {sic} County. It should say Cook and Champaign. And we hope to fix it over in the House, and I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Brady.
Thank you, Mr. President. I stand in support of the lady’s initiative. Just want to clarify that there was an agreement made that this would come back to this Chamber before final 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 passage, that not only would we clarify the point you -- you just discussed, but we would also work with the Illinois State Medical Society and make it a better bill in their eyes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter. Senator Frerichs. …bill, sir? Further discussion? Seeing none, the question is, shall Senate Bill 811 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 811, having received the required constitutional majority, is declared passed. Senator Frerichs, for what purpose do you seek recognition, sir?
For a point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) …your point.
I just wanted to recognize a guest in the gallery today. We have joining us today a -- someone from Champaign, Justin Cajindos. He is the President of the University of Illinois College Democrats, and he is also a scholar, and a gentleman.
PRESIDING OFFICER: (SENATOR HENDON) Will our guest in the gallery please rise and be welcomed to the Illinois Senate? Welcome to the Senate. Senator Schoenberg, for what purpose do you seek recognition, sir?
Thank you, Mr. President. I rise on a point of personal privilege. I would like -- Mr. President and Ladies and 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Gentlemen of the Senate, I would like to invite you -- I’d like to introduce you to some very special friends of mine, and hopefully they’ll be very special friends of yours as well. In the President’s Gallery, we have a delegation of pediatric cancer survivors from the organization One Step At A Time. They’re here today to spread awareness throughout the Capitol as to the need for us to be aware of pediatric cancer and -- and what we need to do in order to ensure that families who are affected by this awful disease have access to accessible and affordable quality health care. The -- my friends from One Step At A Time come from throughout the State of Illinois, Wisconsin and Indiana. They’ve had a couple -- the boys had a sleepover at the Governor’s mansion one night, the girls another. And I’d like you to give them all a very warm welcome from the Illinois Senate. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Illinois Senate? Welcome to the Illinois Senate. Welcome. Moving right along with 3rd Readings, we’re going to -- with leave of the Body, we’re going to skip from Senate Bill 812 to 824. Senator - - Senator Bond. Senator Bond seeks leave of the Body to return Senate Bill 824 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave -- leave is granted. Now on the Order of 2nd Reading is Senate Bill 824. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond. 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Thank you, Mr. President. The -- the -- this is originally a shell bill. The amendment will become the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Bond seeks leave of the -- moves the adoption of Amendment No. 1 to Senate Bill 824. All those in favor, vote Aye. Opposed -- will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 824. Madam Secretary, read the bill.
Senate Bill 824. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Thank you, Mr. President. The bill consists of two parts. The first part deals with grants from Department of Agriculture to soil and water conservation districts and natural resources conservation districts. The amendment would allow the Department of Agriculture to redistribute grant money unspent by one district to other districts. This would happen in consultation with the districts, but the Department would make the 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 redistribution. It’s current practice to do that. Upon an audit finding, they didn’t like the redistribution. This allows them to do that. The second part of the amendment, quite simply, deals with property outside of a particular water and soil conservation district and addresses the problem that occurs when a landowner’s property lies within the district -- of more than one district -- or within the boundaries of more than one district. Change would allow the grants from one district to cover all the landowner’s property, rather than just a portion of that district. Ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 824 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 824, having received the required constitutional majority, is declared passed. Senate Bill 825. Senator Koehler. Madam Secretary, read the bill.
Senate Bill 825. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) …Koehler.
Thank you, Mr. President, Members of the Senate. This bill would grant municipalities the power to collect on default in the 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 payment of fine or any installment of a fine by any means authorized for the collection of monetary judgments. I’d ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 825 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 825, having received the required constitutional majority, is declared passed. Senate Bill 826. Senator Maloney. Senator Maloney seeks leave of the Body to return Senate Bill 826 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 826. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Maloney.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. The amendment does become the bill.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, Senator Maloney moves adoption of Amendment No. 1 to Senate Bill 826. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 amendment is adopted. Are there any further Floor amendments approved for consideration?
No -- no further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 826. Madam Secretary, read the bill.
Senate Bill 826. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. This is initiative of the City of Hometown. It’s a small town in my district. What they have been doing over the years is paying the City’s portion of the -- into the Downstate Police Pension Fund for their only full-time police officer, which is their police chief. Only one chief in the history of the town has been -- served long enough or lived long enough to collect it. That individual has passed away. There are no heirs to this pension. The current chief is not in this pension fund and they are seeking to take the remaining assets in this fund to use in their general revenue fund. The mayor of the town tells me this amount is less than a hundred thousand dollars.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Brady.
42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator, we stand in support of your initiative.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 826 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 826, having received the required constitutional majority, is declared passed. Senate Bill -- with leave of the Body, we’re going to skip from 826 to 841. Leave? Leave is granted. Now on the Order of -- 841. Senator Munoz. Senator Munoz seeks leave of the Body to return Senate Bill 841 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 841. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Munoz.
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
Thank you, Mr. President. Floor Amendment 1 deletes the underlying vehicle bill and becomes the bill, which I will be more than happy to explain on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Munoz moves adoption of Amendment No. 1 to Senate Bill 841. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 841. Madam Secretary, read the bill.
Senate Bill 841. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 841 creates the AP exam fee waiver program. Would require the State Board of Education to create a program for schools where at least forty percent of the students qualify for free or reduced-price lunches whereby fees charged by the College Board for AP exams are waived for those students who not -- do not qualify for the fee waiver provided by federal funds or the College Board. I know of no opposition, but I will tell you this, I know there was a lot of concerns. This would be subject to appropriations and I know they’re going to be working on that in the House if it gets off on the Floor here. I’ll attempt to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 question?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Burzynski.
Thank you. Senator, how many people do we assume will -- will participate in this program or be eligible for the program?
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
The way the language is going to be with an amendment in the House, we’re thinking anywhere from twenty-five hundred to approximately five thousand.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. Then maybe you should explain whatever the amendment in the House is exactly going to be. Because as I understand this bill, if a school has a forty- percent threshold here for the poverty level or if forty percent of their students receive a free and reduced lunch, every kid in that school -- every child in that school will be qualified for the program, the way I understand this -- as it’s written now. Can you clarify that for me and tell me what that House amendment might be?
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
Pretty much we’re trying to do it for students who are not eligible for other fee waivers, that would be targeted for. 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Okay. Thank you. But my understanding is now, though, that it’s every student in that school. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Munoz, sir.
That’s correct, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Are you done? One more? Senator Burzynski.
Thank you, Mr. President. To the bill, then: I just wanted to rise reluctantly in opposition to this bill. It -- it appears to me that although the sponsor is very well-meaning, and I believe that he is, and he’s wanting to get more kids involved and -- and give them the opportunity here, the concern that I have is that the cost of this program has to be borne by someone. And it’s going to be borne by those students, those families that are in school districts that don’t receive -- or that are not at this forty-percent level. And I think that that fee will be passed on. It’s going to increase the fee for those that currently can pay, possibly even make it so expensive that other students won’t be able to pay and will be qualified for this program as well. So, I would urge a No vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Luechtefeld.
Thank you, Mr. President. Question of the sponsor. 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Luechtefeld.
Senator, if -- am I right that if you had two high schools in your district, one of ‘em had forty percent at that -- at that poverty level and one had thirty-five percent, that the high school with the forty percent, no student in that school would have to pay for that test, but the high school at the thirty-five percent, sixty-five percent of the students would have to pay for that test? Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
The way the bill is written as of right now, that’s correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.
You know, I -- I -- I can’t help believing that this would really be a concern of -- in both -- on both sides of the aisle, that this particular bill really is not fair. You know, there are many people who can afford to take that test and should pay, and there probably are many people in that school that has forty- percent poverty level or more should pay and -- and can pay. I - - I just have a real problem with -- and -- and I think this’ll - - will cut across both -- both sides of the aisle, where there will be schools that have the forty-percent level; there will be a lot of schools that will not reach that. And I -- I just can’t quite see how this is fair to the other schools and to the parents in those other schools who maybe can’t afford, or are 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 having to pay, whereas the schools in the forty percent or above do not have to pay. How -- how do we justify that, Senator?
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
Senator, as I stated earlier, we’re going to -- this is subject to appropriations. The estimated cost that we were thinking on was approximately three hundred and fifty thousand. They were going to work it in the House to try to get that appropriations to get some of these fee waivers for the students that don’t have the money to go ahead for that exam.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Lightford.
Thank you, Mr. President. To the bill: I rise in strong support of this legislation and I commend Senator Munoz for looking out for students who have the ability to take AP courses, but are in a financial situation where their parents can’t afford it. Let’s not get confused that it would be forty percent of one thousand eight hundred and fifty schools. The students have to be eligible. There is a eligibility factor that goes into this program. So not all kids that receive free and reduced lunch will receive this benefit. There will be a substantial number of students, but let’s not get caught up in the price tag and try to make something more than what it really is. So, I’d like for all of the leadership in this council to take a look at how we can help encourage low-income students the -- opportunity to advance themselves educationally. And this is the way to get it done. I rise in strong support and I should see a lot of green Ayes on 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 the board.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you, Mr. President. First of all, Senator, to the bill: I have, naturally, enormous respect and affection for you. I understand the good that you’re trying to accomplish and I certainly agree with a program where individual kids - individual kids - who can’t afford the fee to take the test should be supported in that effort. I think that’s very good. But that’s not what this bill says. This bill says that groups of people, based on who’s around them, have, as a group, an exemption from paying a fee that every other individual in other circumstances would be required to pay. The Advanced Placement, it’s an achievement test, and an achievement -- any type of achievement requires sacrifice and self-discipline and sacrifice. What message are we teaching these children when we say you can get it for free? That is not what’s going to happen later on in life when they use the lessons that we’re trying to teach in Advanced Placement achievement classes. And so I think that, even though it is coming from your heart and I appreciate the -- the intention, it is certainly not something that is well-considered. And so I -- I suggest a No vote in order to protect the impression that these children are getting.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.
Thank you, Mr. President. I have a question. I am confused. I heard Senator Lightford say something different than 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator Munoz about what the bill does. What I understand the bill to do and what I think Senator Munoz said, is that if the school qualifies, all students attending the school get the test free. What I heard Senator Lightford say is that there is an individual qualification. Could someone help me with that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
Senator, you’re correct. The way the bill is drafted now, you’re correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Radogno.
…I’m confused. Which way is it?
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
All -- as far as we know, all students under forty percent are not entitled for the -- for the waiver as of now.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.
So what Senator Lightford said, then, was in error; there is no individual qualification?
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
…individual qualification.
PRESIDING OFFICER: (SENATOR HENDON) 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator Lightford, did you -- Senator Lightford.
Thank you, Mr. President. I only respond to my name being acknowledged. But one of our points here say that the Floor Amendment No. 1 will make the free reduction available to all students who attend the school with the forty percent. But the current program would apply to only eligible students. So just because the school is eligible, does not mean the student is eligible, because the student should be eligible to take AP courses.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno, for the -- if we could wrap it up, I’d appreciate it.
Well, the problem is, we’re saying two different things. Could -- could we ask that you just take it out of the record for five minutes and get it clarified and then come back to it? Because they are saying two different things.
PRESIDING OFFICER: (SENATOR HENDON) Taking a bill out of the record is up to the sponsor. Senator Munoz. Clearly he doesn’t want to take it out of the record. Senator -- Senator Maloney.
Yeah, I’m kind of confused as well. If -- if a student who is a wealthy student happens to be in a school district that is poor, does that wealthy student get to take this test for free?
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Not -- not the way it is right here. But I was trying to answer Senator Radogno’s question. That’s an existing program that Senator Lightford is talking about, Senator Radogno. You are right when it applies to what you were talking about is -- to this bill. Senator Lightford was talking about an existing current program that’s going on now.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney, are you okay? We need to move on. Senator Maloney.
I understand we need to move on, Mr. President. But, Senator Munoz, if -- if a wealthy individual is in a school district that is forty-percent eligible, does he -- does he pay to take the test?
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
Right now he pays for it, but the bill would give him a waiver.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney. And we are going to wrap this up. Senator Maloney.
Despite his high income, he would get a waiver?
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.
Yes. That’s correct. And that’s why we’re going to try to tighten up some additional language in the House if we can get it 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 out of the Senate.
PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz, to close.
I would just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 841 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 31 voting Aye, 19 voting Nay, 4 voting Present. Senate Bill 841, having received the required constitutional majority, is declared passed. …Bill 842. Senator Noland. Madam Secretary, read the bill. Excuse me, Senator Noland. Senator Radogno, for what purpose do you seek recognition?
Request a verification, please.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno has requested verification on Senate Bill 841. Correct? All right. Will all Members be in their seats? The Secretary will read the affirmative votes.
The following Members voted in the -- in the affirmative: Bond, Clayborne, Collins, Cronin, Crotty, Cullerton, DeLeo, Demuzio, Forby, Frerichs, Garrett, Halvorson, Harmon, Hendon, Hunter, Jacobs, Koehler, Lightford, Link, Martinez, Meeks, Millner, Munoz, Noland, Raoul, Ronen, Sandoval, Schoenberg, Trotter, Viverito and Wilhelmi.
PRESIDING OFFICER: (SENATOR HENDON) 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Does Senator Radogno question the presence of any Member voting in the affirmative? On a verified roll call, there are 31 voting Aye, 19 voting Nay, 4 voting Present. Senate Bill 841, having received the required constitutional majority, is declared passed. …Bill 842. Senator Noland. Madam Secretary, read the bill.
Senate Bill 842. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President, Members of the Senate. This Floor amendment becomes the bill and I will speak to it on 3rd -- 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Noland… The -- the amendment has been adopted. Senator Noland, to explain your bill.
Thank you, Mr. President. The bill simply states that the State Board of Education shall make Fiscal Year ’08 transitional assistance payment to a school district in an amount equal to the difference between the estimated amount paid from Fiscal Year ’08 appropriations and the amount paid from Fiscal Year ’07 appropriations. Suffice to say, this is subject to appropriations. And I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator -- any discussion? Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Burzynski.
Thank you. I had to find you, Senator. Why are you putting this bill forward now when usually this type of legislation is in the BIMP?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Although this is part of the budgetary process, given the state of education funding crisis and the capability of us to -- to make this appropriation in this fiscal cycle at the end of the fiscal year, it’s -- it’s subject to -- it’s actually not subject to appropriations, I am -- I am informed. But that the determination would be made at the end of this fiscal year and therefore the funds would be freed up sooner.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
So, even though we don’t know what kind of funds will be in the State aid formula - the general State aid formula or anything else - you’re going -- you’re going ahead with this bill at this time?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland. 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
That’s correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. To the bill: I just think that sometimes we get ahead of ourselves. Normally this would be a part of the BIMP bill and we would see it in its entirety, how it affects the general State aid formula and everything else. So, I just want to make mention of that. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, to close on his first bill. You lucky guy.
Well, let me just say how much of a -- a privilege and a pleasure it is to be here to work with Members of both sides of the aisle. I would like to make mention that this is some information that was provided to me by State Senator Althoff and we’ve been working together on this bill in a very collegial manner and I expect that this trend will continue. And I -- I -- I urge an Aye vote. Thank you very much.
PRESIDING OFFICER: (SENATOR HENDON) Think we -- we need to come up with a new rule that freshmen cannot get their first bill on -- on getaway day, ‘cause you just got away. Question is, shall Senate Bill 842 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish on this gentleman’s first bill? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 842, having received the required 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 constitutional majority, is declared passed. Senator Althoff, for what purpose do you seek recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I know that we’re trying to wrap things up here today, but I have a individual from my district who traveled all the way down to Springfield, not only to visit with his brother, Lee, but to visit here this -- the Capitol of Illinois. So, might we give a warm welcome to Lee and Bill Buhrman? They’re in the gallery.
PRESIDING OFFICER: (SENATOR HENDON) Lee and Bill Buhrman, please stand. Welcome to the Illinois Senate, young men. Leader Watson, for what purpose do you seek recognition, sir?
Yes. Thank you very much, Mr. President. I’d like to take this opportunity to introduce my Page for the Day. I have Drew Evans, who’s a student at Mt. Zion High School, which is over in Macon County. And he’s got his father, Kelly, with him here in the gallery, and we’re just glad to have him here today. And he’s taking in the process and learning about Illinois State government. So, would like to welcome our friends.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, young man. Your father should be very proud. Senator Lauzen, for what purpose do you seek recognition, sir?
57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, sir.
I’d like to introduce to the Senate a friend from back home, a gentleman, Scott Pruden, from Batavia, Illinois. He’s a junior at Northern Illinois University. Wants to see government up close and personal. He’s a political science major. So if you would welcome him, please.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Senate, young man. Welcome. Welcome to the Illinois Senate. Senator Sieben, my good friend, for what purpose do you seek recognition, sir? And talk as long as you like.
For the purpose of an announcement.
PRESIDING OFFICER: (SENATOR HENDON) State your point, my friend.
Thank you very much, Mr. President. Ladies and Gentlemen of the Senate, I’m pleased to announce the results from Wednesday night’s Legislative Sportsmen’s Caucus event and auction. This was our fourteenth annual event. And if John Sullivan would stand up. Senator John Sullivan. We need to give John a -- a nice round of applause. He served as our auctioneer. John, you did a wonderful job. And thanks to the efforts of Senator Sullivan and Representative Sacia, who are both licensed auctioneers, we are going to donate to the Illinois Conservation Foundation for their youth activities and -- and sportsmen’s 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 activities fourteen thousand two hundred and six dollars. So, thank you all for your help and support and participation. 14,206.
PRESIDING OFFICER: (SENATOR HENDON) Wonderful. 14,206. You see how long you get to talk when you’re nice to the Chair? That Sieben knows exactly what he’s doing. Senator -- Madam Halvorson, for what purpose are you seeking recognition?
For a purpose of an announcement.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I would like the record to reflect that Senator Silverstein had to return back to his district due to health reasons.
PRESIDING OFFICER: (SENATOR HENDON) So reported. Moving right along. Senate Bill 843. Senator Noland. 843. Madam Secretary, read the bill. Senator Noland seeks leave of the Body to return Senate Bill 843 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 843. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Noland.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President, Members of the Senate. This -- 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 this bill was a shell bill as well and the amendment is -- becomes the bill. And I will speak to it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Noland seeks -- moves to adopt Amendment No. 1 to Senate Bill 843. Is leave granted? I mean, all those in favor will -- will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 843. Madam Secretary, read the bill.
Senate Bill 843. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President. This amendment on the bill would allow school districts and community college districts to own and operate, individually or jointly, a wind generation turbine farm that directly or indirectly reduces the energy cost to the school district or community college district. Not only does it reduce operating costs, but it allows it to -- this bill provides for new revenue because they would sell -- they would be able to sell excess power back to the grid. Grouping together with other 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 school districts and community college districts, they could take advantage of additional economies of scale to offset their energy costs. And I might say that this is borne out of certain concerns regarding both education funding and our utility problem. It seems like we’re tilting at windmills sometimes and it’s a very futile effort dueling with the utilities. And as I was driving up Route 39 several -- several weeks ago, I happened to see the wind farm in Paw Paw and I was thinking about education funding reform at the same time, bringing ‘em both together. I thought that this would be a good idea. Came back here, talked with staff, talked with other groups and organizations, and had the opportunity to understand that Senator Risinger had had some -- some language regarding this. Spoke to him. We’ve been working on this together. We flipped a -- we flipped a coin. I won the coin toss and was able to chief this. And I really do appreciate the opportunity to present this bill. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) …you, Senator. Senator Risinger.
Thank you, Mr. President. I rise in support of the bill and I have worked with the gentleman. I think it’s a good bill and certainly deserves an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
Thank you, Mr. President. As Mike was our last freshman to introduce a bill, I did just want to comment on this last bill he just introduced. I can give you a good source for all that wind 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 energy judging by the length of that description. Just wanted to make a comment.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Lightford.
Senator Noland, what happens when the wind doesn’t blow?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you. I suppose we just turn to the Legislature.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Well, then, does that mean, then, leadership will begin to blow their breath towards your community?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
It would be a mighty and very welcome wind indeed.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, I think you’re -- they wanted to get you last time and they missed it. So, you’re getting it now.
I know. I’m sorry.
PRESIDING OFFICER: (SENATOR HENDON) 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator Lightford, to close.
Senator, to the bill: If the wind doesn’t blow, then that means your communities and school districts cannot make any money. And I can’t see how you think this was a good idea to come up with funds. During the summer months when it’s beautiful and sunny, during the winter season when it’s snow, your school district will not reap a penny, Senator Noland. So, I don’t know if this is good legislation that will generate funds because he really needs the wind to blow.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Will…
PRESIDING OFFICER: (SENATOR HENDON) Senator’s second bill.
Will -- will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Raoul.
Senator Noland, I just have one question since you -- you are my seatmate over here. I hope you don’t feel that -- that your sponsoring this bill, that allows you to pass wind.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, you certainly don’t have to answer that. Senator Noland. The question is, shall Senate Bill 843 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 843, having received the required constitutional majority, is declared passed. Senator Noland, we -- we understand you just got here, but you can -- you can turn your button off now. There you go. Okay. Senate Bill 844. Senator Wilhelmi. Senator Wilhelmi seeks leave of the Body to return Senate Bill 844 to the Order of 2nd Reading for the purpose of amendment. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 844. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President. The amendment becomes the bill, and I’ll be happy to explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Wilhelmi moves adoption of Amendment No. 1 to Senate Bill 844. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 844. Madam Secretary, read the bill. 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Senate Bill 844. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President. Senate Bill 844 amends the School Code regarding transportation reimbursement and makes schools eligible for transportation reimbursement for the transportation of pre-kindergarten children under current eligibility guidelines unchanged by the bill. As you all know, many of us in this Chamber have supported Preschool for All and what comes with that is transportation costs to our school districts. My school district, one of them, District 86 in Joliet, it’s a -- it’s a -- a pre-K through eight district, spent an extra six hundred thousand dollars that they weren’t able to recapture because of Preschool for All. Certainly not the intent of Preschool for All, but one of the ramifications. Under current law, really only grades K through 12 are eligible for transportation reimbursement. This bill would change that to pre-K through 12, which will be -- eligible for reimbursement. I will point out that Representative Eddy has a bill that’s come over here. We’re working on this together, with the State Board of Education. There is a fiscal impact. It’s -- it’s a significant one. I will tell you, all of my -- my colleagues, that I’m going to continue to work with this -- on this bill with Representative Eddy and the Illinois State Board of Education and hopefully we’ll have an agreed bill at the end of the process. I’ll be 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Burzynski.
Senator, who are the opponents to the bill at this time?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
To my knowledge, Senator, the Illinois State Board of Education is opposed. I don’t…
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. Senator, what is the cost that’s associated with the bill, the price tag?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Senator, the best estimation right now is twenty-eight million dollars.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. Then why -- can you tell me why the State 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Board’s opposed to the bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
I’ve been told that it’s simply because of the fiscal impact, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. Then has the Governor accounted for this in his budget or in his education proposals? And if this bill passes and additional funds are not placed into the transportation funds, won’t that have a negative impact on all school districts?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
At this point in time, I do not believe the Governor has accounted for the twenty-eight million dollars. As I said a few minutes ago, Representative Eddy and I are working with the Governor’s Office, with the Illinois State Board of Education. We want to arrive at an agreed bill. We are not there yet. And I ask that this Body move this bill to the House and we will continue to work on it so that the appropriation can be there and not have a negative impact on any of our school districts. That is certainly not the intent of the legislation, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Leader Watson.
Yes. Thank you. Just a question of the sponsor, if I 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 might. The -- just a follow-up on what Senator Burzynski was talking about. Right now, that’s a categorical; transportation costs are a categorical line item. I would assume that if we include pre-K -- and is that a mandate? That would be my first question. And then if it is a mandate that they have to do this, then obviously that becomes a cost to the local district and then we probably aren’t funding that at a hundred percent, or even eighty-five percent, I believe is what -- actually what the law requires. That definitely then would become a cost to the local district.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Leader Watson, yes, that would be a mandate, my understanding, and -- and it would have an impact on the reimbursement rate. That is why we want to continue to have discussions with Representative Eddy. I will have those discussions. He’s committed to this. I’m committed to this. We will also be talking to the Governor and ISBE. Here’s the other thing, thirteen million dollars in FY’06 went towards -- from -- from early childhood block grants, went towards transportation and not into the classroom. So our goal is to keep that from happening, find the appropriation to increase transportation reimbursements and make this a win-win.
PRESIDING OFFICER: (SENATOR HENDON) WAND-TV 17 requests permission to video-record. Leave is grant? Leave is granted. Senator Lauzen.
Thank you. A question for the sponsor. 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Lauzen.
I assume, Senator, that these children are three or four years old and, you know, paying for -- paying for this appears to be a pretty major problem right now without another unfunded mandate going in. But how will we assure that these children are safe at three or four years old on a bus going into school -- or, transportation going into school? But maybe I -- I don’t have it right as far as how the transportation, how they get to school. Can you describe how we’ll keep kids safe?
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Senator. Just as a point of clarification, my school district and many others are currently transporting three- and four-year-olds to the -- the preschool classroom or building that they are attending. So that’s happening right now, and in fact, as I said before, District 86 in Joliet has lost six hundred thousand dollars. So, it’s already happening and I think that it’s going to continue to happen because Preschool for All is now the law of the State of Illinois. So, we trust our superintendents to make those -- those tough decisions, to make sure our children are transported safely, and I’m sure that that’s happening throughout the State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) The -- the question is, shall Senate Bill 844 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 all voted who wish? Take the record. On that question, there are 44 voting Aye, 13 voting Nay, none voting Present. Senate Bill 844, having received the required constitutional majority, is declared passed. Senator Clayborne, for what purpose do you seek recognition, sir?
A point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, my friend.
On the Republican side, we have members of the American Red Cross St. Louis Chapter, O’Fallon, Illinois, High School Youth Corps: Bridget Adams, Justin Kerns, Artesha Parker, Traleesa Parker, Kara Thomas and Kristen Whiteside. I would like for them to be -- stand and be -- be welcomed.
PRESIDING OFFICER: (SENATOR HENDON) Friends from the Red Cross, please stand. Welcome to the Illinois Senate, ladies and gentlemen. Leave of the Body, we’re going to skip from 845 to 850. Leave is granted? Leave is granted. Senator Halvorson. Senator Halvorson seeks leave of the Body to return Senate Bill 850 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 850. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Halvorson.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Halvorson. 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 to Senate Bill 850 basically allows non-home rule communities, such as one of mine in Kankakee, to give the Regional Office of Education money to pay for life skills. And we have examples of life skills if we need to discuss them. It came up in committee.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Halvorson moves adoption of Amendment No. 1 to Senate Bill 850. All those in favor will say Aye. Opposed will say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 850. Madam Secretary, read the bill.
Senate Bill 850. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson.
Thank you, Mr. President. As I said, this allows non-home rule communities, if they so choose, to give money for life- skills programs. An example, as Senator Cronin had asked in committee, a life-skill program could possibly be how the human 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 body works and -- and dangers of its abuse, about exercising, eating good foods, resolving conflicts. Those sort of things is what we considered life skills.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Cronin.
Yes. Thank you. With all due respect to the -- the sponsor and the -- the good intention, I just wanted to share a few thoughts for purposes of legislative intent and otherwise. I mean, I -- I think we all like to support programs that teach life skills. I sort of thought that that’s what schools already do. And so to come up with a program that is permissive, which is -- is enticing and -- and helpful to all of us, without any specifics about what those life skills are and what they specifically are seeking to do, I -- just not sure we’re fulfilling our responsibility here. How would you sort of try to give us a little more comfort on this side of the aisle with this legislation, Senator Halvorson?
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson.
Thank you, Senator Cronin. This is not creating a new program. It just allows the county -- Kankakee County wanted to help with this Pledge for Life program that’s already there and administered. And they just wanted to help with it. But by law, since they are non-home rule, they cannot even do that. So it is not a new program. It’s something that’s already working in Kankakee and Iroquois counties. And Kankakee County Board would like to just help out with the program. 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.
Does this program involve the life education centers and those mobile classrooms - this organization that had previously a relationship with former Governor George Ryan?
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson.
I believe so. It says, under current law, non-home rule -- communities cannot fund these life education center programs and it is about -- some of them could be life skills related to the healthy social and emotional development. And it could be from those that you just stated, Senator Cronin.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall Senate Bill 850 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, none voting Nay, 5 voting Present. Senate Bill 850, having received the required constitutional majority, is declared passed. Senate Bill 851. Out of the record. Senate Bill 852. Out of the record. Senate Bill 853. Senator Maloney. Madam Secretary, read the bill.
Senate Bill 853. (Secretary reads title of bill) 3rd Reading of the bill. 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. Senate Bill 853 lowers the eligibility age for taking the GED to -- from eighteen to seventeen. The rationale for this is that currently we have compulsory attendance to age seventeen, and when an individual drops at seventeen, there is that idle year between seventeen and eighteen and frequently they do not go back. This would allow reducing the time when they drop to take the GED. They may see a counselor, get them into the GED preparation course or the work force sooner and possibly move into college or vocational training. This is an initiative that’s supported by the Illinois College Board and -- the Illinois Community College Board, I’m sorry, and the Illinois Adult Continuing Education Association. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 853 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 853, having received the required constitutional majority, is declared passed. …Body, we’re going to skip from 854 to 867. Leave is granted? Leave is granted. Now on the Order of 3rd Reading is Senate Bill 867. Senator Ronen seeks leave of the Body to return Senate Bill 867 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Reading is Senate Bill 867. Madam Secretary, have there been any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Ronen.
PRESIDING OFFICER: (SENATOR HENDON) Senator Ronen.
Thank you, Mr. President. This amendment becomes the bill. It has to do with patient acuity. It’s a agreed bill between the Illinois Hospital Association and the Illinois Nurses Association. Calls for developing a plan for patient care. Be glad to talk about this more on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Ronen moves the adoption of Amendment No. 2 to Senate Bill 867. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 867. Madam Secretary, read the bill.
Senate Bill 867. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator Ronen.
Thank you, Mr. President. This bill, the key provisions are that it requires hospitals to develop a written staffing plan aligning patient care with registered nurse expertise. It recognizes that hospitals vary in size, complexity of care, nursing expertise and experience, and it provides the flexibility for each hospital to meet the ever-changing patient care acuity linked to nurse staffing with required input - and that’s very important - with the required input of direct care registered nurses. I -- there was no opposition to this in committee.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Radogno.
Thank you, Mr. President. I just want to rise in support of this bill. I know a lot of hard work has been done on the bill. And it -- the key thing is it takes into account the individual needs of the patients, which is very important and unlike some other proposals we’ve had. So, I would urge a Yes vote.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 867 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 867, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to skip 866 {sic} to 884. Senate Bill 884. Senator Hunter. 884. …the record. With leave of the Body, we’re going to skip from Senate Bill 885 to 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senate Bill 934. Page 17. Bottom of page 17. 934. Senator Delgado. Out of the record. Senate Bill 935. Senate Bill 935. Senator Link. Senator Link seeks leave of the Body to return Senate Bill 935 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 935. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. The amendment becomes the bill. I’ll be more than happy to explain it on passage.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Link moves adoption of Amendment No. 1 to Senate Bill 935. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 935. Madam Secretary, read the bill.
Senate Bill 935. (Secretary reads title of bill) 3rd Reading of the bill. 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR HENDON) …Link.
Thank you, Mr. President. This is a bill that provides coverage for nonprescription amino acid-based amino {sic} (elemental) formulas, regardless of delivery method, when prescription by a physician who deems medically necessary for treatment of the disease or disorder and is least restrictive and most cost-efficient means for meeting the needs of a patient. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Brady.
Sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Brady.
Senator, this is an insurance mandate, is it not?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
I’m sorry. I didn’t hear what the question was, Senator Brady.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
This was an insurance mandate, is it not?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link. 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Yes, it is.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
Senator, I’m having trouble recalling, but was there an agreement with the Illinois Life Insurance Council made in committee on this?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
The agreement was that we will be working on this with the House version and the Senate version. We are working with them on this. This bill is being moved over to the House. We’re going to pick up the House version. We are working with them on this. Clarify some technical parts of the bill and get this worked on. This is a work in progress. We’re going to continue to work on it as we go, but we want these bills to move forward.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
So you agree that this bill will not become law until it comes back to here in some amended form?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
One of -- one of the two. The House or the Senate versions will be the final bill, yes.
PRESIDING OFFICER: (SENATOR HENDON) 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator Brady.
But this particular bill will not become law unless it comes back here in an amended form and we’ll have a chance to act on it again?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
…you. I stand in support of the sponsor’s agreement. I do want to clarify for those of you who are concerned, there is a mandate in this.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 935 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, 2 voting Nay, none voting Present. Senate Bill 935, having received the required constitutional majority, is declared passed. Senate Bill 936. Senator Martinez. 936. Out of the record. Senate Bill 937. Senator Halvorson. Senator Halvorson seeks leave of the Body to return Senate Bill 937 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 937. Mr. Secretary, are there any amendments approved for consideration? 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Floor Amendment No. 1, offered by Senator Halvorson.
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson.
Thank you, Mr. President and Members of the Senate. Floor Amendment No. 1 to 937 does four things. It provides for public education concerning HPV. It changes the school physical from fifth grade to sixth grade, at the request of the pediatricians. It requires insurance companies that have a vaccine component in their program to cover the vaccine, and it requires the Department of Public Health to establish a program, subject to appropriation, by 2011 for females under the age of eighteen who are underinsured. They either don’t qualify for the Medicaid- eligible or for their program that covers the HPV vaccine. And so they’ve got till the year 2011, subject to appropriation, to come up with a plan to figure out how to cover them so that everybody has the same access to get this vaccine. There’s no mandate. There’s no nothing to keep ‘em out of school. It’s basically about awareness and access.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Halvorson moves adoption of Amendment No. 1 to Senate Bill 937. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 937. Senator Halvorson.
Already explained the amendment. I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Mr. Secretary, read the bill.
Senate Bill 937. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Radogno.
Thank you, Mr. President. Just to comment on the bill. This is a much better bill than the other bill that the Senator had proposed that contained a mandate for young girls to have this shot. It does not do that, which was somewhat controversial. It’s my understanding, Senator Halvorson, you are not going to be calling the mandate bill at all?
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson.
I don’t have any plans on it right now.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.
Right now? Does that…
PRESIDING OFFICER: (SENATOR HENDON) 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator Halvorson.
I have no plans. The bill is sitting there.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.
I -- I just wanted that clarification. The only other question I had and I did raise this in committee is that, who are the uninsured kids. We have All Kids. I thought all kids were covered. So, why do we need a separate fund to cover uninsured children if we don’t have any?
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson.
Not -- they’re not called uninsured. They’re called underinsured. And currently we have a program called Vaccine For Children program when they’re Medicaid-eligible. We don’t get money for them. We get the vaccines given to the children. But then there are also those who are insured but don’t have coverage for vaccines.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 937 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Aye, 15 voting Nay, and none voting Present. Senate Bill 937, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go from 938 to 996. 996. Senator Raoul seeks leave of the Body to 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 return Senate Bill 996 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 996. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, to explain your amendment.
Floor Amendment 1 deletes all and becomes the bill. I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Raoul moves adoption of Amendment No. 1 to Senate Bill 996. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 996. Mr. Secretary, read the bill.
Senate Bill 996. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 996, as amended, is in response to a recent Attorney General’s opinion that indicated that subcircuit judges who run for retention, because they run for retention in the full circuit, no longer have to live in the subcircuits that they originally ran in, which defeats the intent of the original subcircuit bill. What Senate Bill 996 does, it -- it corrects the -- the unintended state of the law by allowing -- by requiring subcircuit judges to run for retention within the subcircuit, which would thereby require them to continue living in the subcircuit. I urge your support.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Murphy.
Thank you, Mr. President. To the bill: I rise in strong support of this bill. As the sponsor ably pointed out, it -- it brings us back and clarifies the original intention of the subcircuit bill to make sure that underrepresented areas of a specific circuit have representation on the courts. This strengthens that original promise, and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Senator Raoul, to close.
I urge your support of this bill. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 996 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Aye, none voting Nay, none voting Present. Senate Bill 996, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to skip to Senate Bill -- from 997 to 1005. Senator DeLeo in the Chair.
PRESIDING OFFICER: (SENATOR DeLEO) …the record. Senator Wilhelmi, are you seeking recognition, sir?
Thank you, Mr. President. Senator Silverstein has asked me to present Senate Bill 1005.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, leave of the Body, we’ll go back to Senate Bills 3rd Reading. Senate Bill 1005. Senator -- Senator Wilhelmi has been made chief cosponsor. Senator Wilhelmi -- I -- seeks leave of the Body to return Senate Bill 1005 back to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1005. Mr. Secretary, are there any amendments approved for consideration, sir?
Floor Amendment No. 2, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR DeLEO) Floor Amendment No. 2, Senator Wilhelmi.
Thank you, Mr. President. This amendment becomes the bill and I’ll be happy to explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Is there any discussion? Seeing no discussion, Senator Wilhelmi moves the adoption of Floor Amendment No. 2 to 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senate Bill 1005. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1005. Senator, do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the bill.
Senate Bill 1005. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi, on the bill, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1005 amends the Vehicle Code and increases penalties for leaving the scene of an accident and not timely reporting the accident to law enforcement. Where the accident results in the death of a person, Senate Bill 1005 increases the penalty to a Class 1 felony, and where the result is personal injury, Senate Bill 1005 increases the penalty to a Class 2 felony. I’d be happy to answer any questions, and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate 1005 pass -- Senate Bill 1005 pass. 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1005, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 1006. Senator Cullerton, I -- the gentleman seeks leave of the Body to return Senate Bill 1006 to the Order of 2nd Reading for the purpose of amendment. Is that correct, sir? Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1006. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, on Floor Amendment 2.
Yes. Thank you, Mr. President, Members of the Senate. This amendment makes it unlawful for a child sex offender to knowingly operate, manage or own a cemetery. I’d be happy to explain the background of the bill on 3rd Reading. Ask for the adoption of the amendment.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Cullerton moves the adoption of Floor Amendment No. 2 to Senate Bill 1006. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?
88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1006. Senator Cullerton, do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the bill.
Senate Bill -- Senate Bill 1006. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, on the bill.
Thank you, Mr. President, Members of the Senate. This is admittedly a unusual bill. It’s in response to a problem I have in my district. Some of you may have seen a Chicago Sun-Times article on Sunday, March 18th, by Mark Brown, describing the problem that we have. There is a cemetery in my district that is owned by a guy who has allowed for it to fall into incredible disrepair. It -- he’s like -- it’s like a slum cemetery owner. And he refuses to sell the cemetery to the Hebrew Benevolent Society, which would like to purchase it. It’s a prominent cemetery that has Chicago’s original Jewish -- settlers buried there and it’s in incredible disrepair. It’s -- it’s the worst private cemetery in -- in the Midwest in terms its -- of the way it’s maintained, and unbelievably there’s nothing the State can do about it. This guy happens to be -- the -- the owner happens to be someone who was convicted in 1985 and sentenced to ten years in prison for taking indecent liberties with a fourteen- year-old boy. The Cemetery Association does not want us to amend 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 their Act. They helped me draft this bill that -- that is patterned after similar legislation that makes it illegal for child sex offenders to knowingly operate or -- or manage certain facilities. So, admittedly is unusual, but I’m giving you the background, and I believe that with the passage of this bill we can put some pressure on this guy to sell it to the -- at a fair price to the people who would maintain the cemetery. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Any discussion? Senator Righter, what purpose you seek recognition?
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Thank you. Senator Cullerton, we discussed this a little bit in committee. Is there any nexus between the fact that, in this one instance that you’ve described, the individual is a child sex offender and the rundown -- condition of the cemetery to your knowledge?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
Other than the fact that the -- the crime that he committed actually occurred at a north side funeral home where he was working, other than that, I would say, no, there’s no nexus.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter. 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
It would be fair to say then, Senator, wouldn’t it, that the fact that the gentleman’s a child sex offender is really nothing other than a hook to enable us from Springfield to reach out and force this gentleman to divest himself from the cemetery. Is that fair to say?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
Yes.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Thank you, Mr. President. To the bill, briefly.
PRESIDING OFFICER: (SENATOR DeLEO) …the bill, sir.
Thank you. Ladies and Gentlemen of the Chamber, if you’ve been listening at all to the -- to Senator Cullerton’s opening, and I appreciate very much the forthright manner in which he’s presented the bill, we have a little bit of an unusual situation here, where we have a single cemetery, a private cemetery, and the Senator’s right. There is in place right now no mechanism by which we can force someone to go in here and give the care that it should be given for the respect for those who are buried there. There is no question that we don’t have that ability right now in law. The Cemetery Association has told us they don’t want us changing their Act in order to try to address this situation, so what has been proposed, and I think it’s a -- it’s 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 a unique solution to say the least, is that we’ve found that this particular individual has a sex offense in his history. He is a child sex offender. So we are now going to say that if you’re a child sex offender, you cannot own a cemetery. There is no connection between the gentleman’s past and the fact that the cemetery is run down. No one’s making an allegation here that because you have that kind of offense in your past, that you can’t make sure the tombstones are still erect and that the grass is mowed and the trimming’s done around the tombstones. Now, as Senator Cullerton himself has said numerous times, there is no lobby on behalf of child sex offenders here in Springfield and there’s a good reason why that’s the case. Each of you will need to decide whether or not we want to - whether it’s this one or ones down in the future - go down the road of telling individuals they have to divest themselves from their living because of a crime they may have committed in the past that has no relation to the business they own. Thank you very much, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Seeking further recognition, Senator Dillard.
Thank you, Mr. President. While the cemetery’s on the north side of Chicago in Senator Ronen and Senator Cullerton’s area, I was born at Illinois Masonic Hospital up in that area. I’m familiar with the cemetery because my grandparents used to take me there on weekends as a peaceful place to go to walk around an urban setting when you’re a kid. I read the Sun-Times story of how this cemetery has fallen into disrepair. And as Senator Cullerton said, some of the most prominent founders and citizens 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 of Chicago are buried there. For purposes of legislative intent - and I help my buddy, Senator Cullerton, all the time - I really do believe there is a nexus between a sex offender owner of this cemetery and prohibiting his ownership of it. In the Chicago Sun-Times, it stated that this gentleman, to get income for this cemetery, has parties. He actually rents out the use of this cemetery for parties. And God knows what goes on at his parties, who he’s inviting there late at night. But I think there is a public policy reason, especially since we know that this particular owner rents this place out for parties, that we don’t want a sex offender owning this cemetery. So I believe there is a nexus between this particular statutory change and the protection of one of the most important cemeteries in the State of Illinois. And I rise in support of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Rutherford.
Mr. President, thank you. Senator Cullerton, please, please share with me one more time why we’re going this route, rather than moving into the -- the actual Cemetery Act itself.
PRESIDING OFFICER: (SENATOR DeLEO) Are you asking the gentleman to yield for a question, Senator?
I apologize, Mr. President. I am asking that.
PRESIDING OFFICER: (SENATOR DeLEO) Gentleman will yield. Senator Cullerton.
93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Well, we talked to the representatives of the Cemetery Association. They don’t want to be singled out as -- as -- in their Act as having some prohibition with regard to private cemeteries. We -- we -- they don’t want to have private cemeteries be regulated. Right now, the only cemeteries that are regulated are the ones that have trust funds. This one doesn’t have a trust fund. So, I -- I -- that’s the best answer I have for you.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Seeing no further discussion, Senator Cullerton, to close, sir.
So, I would just ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 1006 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 45 Ayes, 4 voting Nay, 0 voting Present. Senate Bill 1006, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, at this time we will skip starting at Senate Bill 1008. Turning your page to page 22 of your Calendar. On the middle of page 22 of your Calendar, Senate Bills 3rd Reading, is Senate Bill 1026. Senator Haine. Senator Haine, do you wish to proceed on Senate Bill 1026, sir? He indicates he maybe… Do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the bill. 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Senate Bill 1026. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Real quickly, this is a mirror image of a bill we passed last week, which amends a different Section of the statute, that if someone files a pro se, inartfully drafted, post-conviction petition and it’s amended with counsel’s help later, it won’t count against the person in jail or State prison as far as good - - good time. This bill comes from the State’s Attorney of St. Clair County because the rules of practice down there are different and they have a different Section. The State’s Attorneys support it.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Seeing no further discussion, the question is, shall Senate Bill 1006 {sic} pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 1 voting Present. Senate Bill 1026, having received the required constitutional majority, is declared passed. Once again, with leave of the Body, we will be… We will skip page 22, skip page 23, skip page 24. We will go to bottom of page 25. Senate Bills 3rd Reading is Senate Bill 1094. Senator Koehler, do you wish to proceed, sir? He indicates he 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 wishes to proceed. Mr. Secretary, read the bill.
Senate Bill 1094. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler.
Thank you, Mr. President, Members of the Senate. This is a bill that’s sponsored and supported by the NRA and the State Police. It would amend the -- the current law to increase the Firearms Owner Identification or the FOID Card issuance and a renewal fee to ten dollars. It extends the FOID Card to ten years. Ten dollars would be divided to six dollars to the Wildlife and Fish Fund, one dollar to the State Police Services Fund, and three dollars to the Firearm Owner’s Notification Fund. I’d ask for your Yes vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any… Senator Righter, what purpose you seek recognition?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Thank you. Senator Koehler, have you spoken to the Governor’s Office on this issue, whether or not they’ll -- they support the bill?
PRESIDING OFFICER: (SENATOR DeLEO) 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator Koehler.
Thank you, Senator Righter. I have not spoken personally, but, yes, my understanding is that they will support this.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Thank you, Mr. President. I rise in support of the bill. I think this is a good idea. There have been statements made from the Governor’s Office before, publicly, that they would oppose any increase in the FOID Card fee. Having said that, I hope that they’re willing to walk back from that since, as Senator Koehler has pointed out, they’re doubling the length of time for which the card is good. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Any further recognition? Senator Watson, for what purpose you rise, sir?
Yes. Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
These funds that the money will go into, do you know, has the Governor raided those funds over the last four years of his administration, which he most commonly does with most funds?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler.
Thank you, Senator Watson. To -- to my knowledge, no. 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR DeLEO) Leader Watson.
To your knowledge, no. Well, that’s a good thing. At least the money will be there for the purpose in which it’s intended. So, thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Koehler, to close, sir.
I’d ask for your Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 1094 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1094, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen, once again, with leave of the Body, please -- turn your Calendars to page 26. Continuing on Senate Bills 3rd Reading comes Senate Bill 1097. Senate Bill 1097. Senator Bond. Senator Bond seeks leave of the Body to return Senate Bill 1097 for the purpose of amendment -- to the Order of 2nd Reading for the purpose of amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1097. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Bond. 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR DeLEO) Senator Bond, to explain your amendment, sir.
Thank you, Mr. President. This amendment creates an advanced sciences and technology study group. This is a compromise reached. The Department of Economic Development and Commerce {sic} will prepare a study looking at the opportunity to attract and retain advanced sciences to the State of Illinois. I’ve agreed to hold the bill that actually creates the advanced sciences zones on 2nd Reading. And this is a study to move forward, given some of the uncertainty in the Tax Code. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Bond moves the adoption of Floor Amendment No. 1 to Senate Bill 1097. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor -- amendments approved for consideration?
No further amendments approved, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading comes Senate Bill 1097. Senator Bond, do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the bill.
Senate Bill 1097. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator Bond, to the bill.
I respectfully ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall -- I’m sorry. Senator Murphy. Ladies and Gentlemen, the question is, shall Senate Bill 1097 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1097, having received the required constitutional majority, is declared passed. Senator Sandoval. Senator Marty Sandoval, on Senate Bill 1098, sir. Out of the record. Senator Noland, on 1099. Senator Noland, on 1099. Do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 1099. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland. Way back there.
Yes. Thank you, Mr. President. This is a -- this is a amendment to a shell bill. Modified and replaces the bill. Happy to read it on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) It’s on 3rd now, sir. 100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Okay. Very good. Thank you. I shall proceed then. All right. This bill, it provides that a violation of specified provisions regarding legal protections for military personal -- personnel constitutes a civil rights violation under the Illinois Human Rights Act. It deletes provisions imposing a civil penalty of one thousand dollars for a violation of specified provisions regarding legal protections for military personnel. Becomes effective immediately.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1099 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1099, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 1100. Senator Demuzio, do you wish to proceed with that, ma’am? Out of the record. Senator Demuzio, on 1101, ma’am. Out of the record. Senator Luechtefeld, on 1159, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 1159. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. Senate Bill 1159 authorizes the Secretary of State and the Department of Human Services convey back a small piece of property to the original owner. The -- CMS and the Department of Human Services have been attempting to do this for the last couple of years, and because of -- of clerical problems, they have not gotten it done. Would hope that we could get that done this time. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1159 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 54 Ayes, 1 voting Nay, 0 voting Present. Senate Bill 1159, having received the required constitutional majority, is declared passed. Senator Martinez, on 1162, ma’am. Do you wish to proceed? She indicates she does. Mr. Secretary, read the bill.
Senate Bill 1162. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Good morning, Senator Martinez. Senator Martinez.
Good morning, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez, to the bill, ma’am. 102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Thank you. Amendment No. 1 deletes all and becomes the bill. It amends the Consumer Fraud and Deceptive Practice Act {sic} to require a motor vehicle dealer who receives a motor vehicle via trade-in or -- or purchase to pay off has an existing lien or liens within twenty-one calendar days so long as the underlying contract has not been rescinded. It requires that a dealer must return of the consumer’s down payment when the seller rejects the credit application of that consumer and the sale is conditioned on the consumer having an acceptable credit rating. It provides that violation of these provision is a violation of the Consumer Fraud and Deceptive -- Business Practice Act. This is a -- a bill from the Illinois Attorney General’s -- Lisa Madigan.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1162 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1162, having received the required constitutional majority, is declared passed. Senator Martinez, on 1164, ma’am. Do you wish to proceed? Indicates she wishes to proceed. Mr. Secretary, read the bill.
Senate Bill 1164. (Secretary reads title of bill) 3rd Reading of the bill. 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez.
Thank you, Mr. President. This bill holds that a vehicle that is owned by a self-insured company and is to be sold in the State of Illinois shall be considered salvage if the vehicle has sustained damage to the extent that the self-insured company determines the vehicle to be a total loss or if the cost of repairing the damage will be greater than fifty percent of its fair market value. The bill establishes requirements for obtaining a salvage title -- certificate for the vehicle. The bill provides for exchange of salvage certificate for a certificate of title if a vehicle owned by a self-insured company that was declared a total loss because of theft is recovered without damage. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no discussion, once again, Ladies and Gentlemen, the question is, shall Senate Bill 1164 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1164, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading on page 26 of your Calendar is Senate Bill 1166. Senator Raoul, do you wish to proceed with that, sir? Out of the record. Senator Jacqui Collins, on Senate Bill 1167, ma’am. Do you wish to proceed? Out of the record. Senator Collins, on 1169, ma’am. Do you wish to proceed? The Lady is -- seeks leave of the Body 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 to return Senate Bill 1169 to the Order of 2nd Reading for the purpose of amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1169. Mr. Secretary, has there been any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Collins.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins, to explain Amendment No. 2, ma’am.
Floor Amendment No. 2 was a shell that became the bill. And what it does, basically it modifies the Illinois Sudan-divestment Act, in response to the recent court decision that invalidated a portion of the original Act. And I’ll be glad to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Collins moves the adoption of Floor Amendment No. 2 to Senate Bill 1169. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1169. Senator Collins, do you wish to proceed? She indicates she wishes to proceed. Mr. Secretary, read the bill.
Senate Bill 1169. 105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.
Thank you -- thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill is the product of conversations that we’ve had with scores of stakeholders, including SURS, TRS, ISBI and IMRF. Including those pension funds that have been working in good faith to implement divestment, we’ve also been working with some of the Illinois major asset managers - Mesirow, Adams Street, and Muller & Monroe - as well as the State pension -- division, legal counsel and -- and staff from Senator Dick Durbin’s Office. Briefly put, the bill accomplishes two general goals. First, it aligns Illinois with ongoing developments in federal policy and the recent court decision. Second, it better facilitates implementation on the part of public pensions. Under this Act, pension funds would be prohibited from investing in only one hundred and sixteen total foreign companies in the world, because they do business in the Sudan. The funds would still be able to invest in around fifteen thousand public-traded companies worldwide. This Act is not meant to cover mutual funds. But more than that, this bill is not about firefighters. It’s not about police officers. It’s not about teachers and other public employees. And by the way, I do have the support on this legislation from the -- Associated Firefighters of Illinois and the Teachers’ Retirement System. But this bill is about the right of taxpayers to disassociate from a nation that sponsors terrorism and genocide. As a 106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 backgrounder, in the 1990s Osama Bin Laden took refuge in Sudan and operated terrorist training camps there. And according to counterterrorism expert, Yossef Bodansky, in early 1992 Sudan emerged as a strategic outpost and key part of the infrastructure for Iran’s export of the Islamic Revolution throughout the Near East and Africa. This resulted in the 2000 bombing of the -- USS Cole and the killing of seventeen of our brave young men in military. And recently a judge in Virginia just ruled on this bombing of the USS Cole and it -- it will be holding those parties liable. Thus, this is a nation, Sudan, that sponsors the very acts of terrorism that threaten our first responders. A nation that systematically kills, rapes and maims our sisters and brothers. A nation whose behavior makes investment risky and unsafe. A nation that has excluded itself from the civilized world through its own reprehensible and immoral behavior. I believe the price that we pay when we associate with -- inhumane acts is our own humanity. This bill simply reaffirms that the taxpayers of Illinois, who contribute their hard-earned money to public pensions, do not want to pay their -- that very high price. So, I was pleased to sponsor, with the leadership of our former colleagues, Senator Ed Petka and Senator Peter Roskam, as well as the support of President Emil Jones. We were the first State in the nation to divest from the Sudan. So I hope that we can still uphold that legacy. So, I’m open for any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Rutherford, you seeking recognition, sir?
I am, Mr. President. I’m also requesting if the sponsor 107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 would yield for a question, please.
PRESIDING OFFICER: (SENATOR DeLEO) She will yield for a question, sir.
Thank you, Mr. President. Senator Collins, 2005 we passed legislation out of here unanimously with regards to the Sudan. There was a certain lawsuit filed and some -- some concerns to that. For the benefit of those that have been getting some notification and contact from some of the pension funds, I want to dialogue some -- some clarity here with you. In that, first of all, this is not another bill that did not get called today that I think many, because it was a sponsorship and -- and dealt with some pension stuff, had some confusion with. Just to clarify, Senator Collins, there is no pension fund that filed opposition slips against your legislation. Is that correct?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.
That’s correct.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.
Thank you, Mr. President. Just -- we -- you know, some questions have been broached by some people with regards to pension funds, particularly downstate police and fire pension funds. Just clarify, if they have under five million dollars in assets, they are exempt from this legislation. Is that correct?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins. 108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
That is correct.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.
If the fund has over five million dollars in assets, they then now are not prohibited from investing in mutual funds. Is that correct?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.
That is correct.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.
If the fund has over five million dollars in assets and they pursue their best effort to divest in such stock that may fall within this list, is that then sufficient to fulfill the statute if it were to become law?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.
That is correct.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.
Thank you, Mr. President. If a fund of over five million dollars were to pursue an investment, is it correct that there are approximately fifteen thousand publicly traded companies that 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 they could participate in, and of that, only a hundred and sixteen thousand are on a list that is certified by the United States State Department unto which they could not invest? Is that correct?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.
I just want to clarify, not a hundred and sixteen thousand, but a hundred and sixteen. That is correct. And the reason that is, is because U.S. companies are already forbidden from investing in the Sudan because of the bombing of the USS Cole.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.
Thank you. I’m sorry, Senator Collins, it was a hundred and sixteen. If I said a hundred and sixteen thousand, my error. One other question -- or, a couple other questions. Have you exempted banks from this piece of legislation?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.
Yes. And that’s based on the court ruling, because the judge ruled that that was a violation of the federal banking law. So, banks are now exempt.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.
I stand in strong support of Senator Collins’ piece of legislation. I mean, she has worked on something that had some 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 challenges prior to, though every single Member of this General Assembly two years ago supported. And I also would highlight that the -- the concern in regards to our downstate pension funds are very, very adequately addressed. And I hope my dialogue here with you today will -- will note that. I also have shared with Senator Collins what I thought was some good news for her years of effort on this, is the White House. The White House in Washington, D.C., just yesterday has made known that they are moving forward with tough new measures, particularly economic sanctions, and the United States Treasury Department, the United States Department of Defense are in discussions right now, as of yesterday, in regards to furthering sanctions against the Sudan. And, Senator Collins, I appreciate what you’re doing here and I encourage my colleagues in the Illinois Senate to support your piece of legislation.
PRESIDING OFFICER: (SENATOR DeLEO) …you, Senator. Senator Raoul, you seeking recognition, sir?
Yes. To -- to the bill. I -- I rise…
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
I rise in support of this legislation and -- and I commend Senator Collins on her willingness to -- to work on the bill. Just up until yesterday she continued to work and communicate to those in the private equity industry who were concerned about some technical changes, which I understand will be made in -- in -- in the House.
PRESIDING OFFICER: (SENATOR DeLEO) 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Thank you, Senator. Further discussion? Senator Dillard.
Thank you, Mr. President. Just very quickly, I commend the sponsor. Senator Collins and I have been talking about this issue for a number of months. And as Senator Rutherford pointed out, Jacqui has worked long and long and hard, along with the Senate Democratic staff, on this bill. I’m normally not somebody to jump on one of these things, but what has taken place in Darfur in the Sudan is genocide. And that’s not a problem just limited to the African continent. I mean, this is something that I believe affects the entire world. And unless we bring economic pressure from the United States, and I hope our European allies follow - we need to set as Americans -- and our small bit coming here from the Illinois State Senate in Springfield, I think, just sends a message to the rest of the world that America does what it does best, and that’s make sure that when something like genocide is taking place - let alone the terrorist activities that Senator Collins has pointed out - we have a responsibility to stand up. And I really commend the sponsor for her months of hard work on this bill. And I’m an enthusiastic Aye.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. The Lady from Cook County, the wonderful Senator Carol Ronen.
Thank you, Mr. President. I -- I’m not worthy of your wonderful introduction. I just wanted to rise very quickly and thank Senator Collins for -- for moving this very important piece of legislation, the second piece. And she’s really speaking for all of us and helping us all when she does this. We wear 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 bracelets that say, “Not on our watch”, and this is a problem we all have to not only do something about, but make sure the whole -- our whole country knows about and mobilize them. So, thank you for doing this important work.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Seeing no further discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1169 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 54 Ayes, 2 voting Nay, 0 voting Present. Senate Bill 1169, having received the required constitutional majority, is declared passed. Leave of the Body, we will come back to Senate Bill 1173. Senator Link, on 1179. Do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 1179. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Thank you, Mr. President. This is a bill for the Metropolitan Water Reclamation District. It establishes a trust for funding health and other benefits for retired, disabled and terminated employees. The bill allows the trust to be -- employ personnel, and pay for administrative costs, and allow employees to contribute, to be exempt from taxation. Be more than happy to 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 answer any questions, and I know of no opposition.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Senator Brady.
Thank you, Mr. President. I stand in support of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, the question is, shall Senate Bill 1179 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1179, having received the required constitutional majority, is declared passed. Senator Link, on 1180, sir. Do you wish to proceed? He indicates he does. Mr. Secretary, please read the bill.
Senate Bill 1180. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Thank you, Mr. Chairman -- or, Mr. President. This bill creates a -- legislation extends the use tax and retail occupation tax for manufacturing and assembly exemption for production. No. I’m sorry. This creates an alternative research/development and -- credit for taxes -- taxpayers who are conducting a business activity in each of the three preceding tax years. I’ll be more than happy to answer any questions on it. 114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1180 pass. Those in favor, vote Aye. Those opposed will -- vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1180, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 1183. Senator Harmon. He’s seeking leave of the Body to return Senate Bill 1183 for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1183. Mr. Secretary, has there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon, on Floor Amendment No. 1, sir.
Thank you, Mr. President. The amendment becomes the bill, and I’d ask for its adoption. I’d be happy to talk about it on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Harmon moves the adoption of Floor Amendment No. 1 to Senate Bill 1183. All those in favor, say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor -- 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading comes Senate Bill 1183. Senator Harmon, do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the bill.
Senate Bill 1183. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon, to the bill, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. In the last General Assembly, we unanimously approved Senate Bill 1827, which permitted local governments, community colleges and universities to enter into guaranteed energy savings contracts - essentially, installment contracts for the purchase of energy conservation measures financed by the savings generated. This is a bipartisan trailer bill that would extend that authority to school districts and it would also recognize the technical aspect that the contractor in these situations is often not, in fact, itself the lender and would permit for a third-party lender, affiliated or unaffiliated. I’m not aware of any opposition, and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Cronin, for what purpose you rise? 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Thank you very much. I am delighted to join with my colleague, Senator Harmon, in enthusiastic support of this bill. This seeks to clarify a little technical misunderstanding with regard to qualified providers. Qualified providers means people that are qualified, yes, to do the energy conservation work, but we also want qualified lenders. We clarify this in the bill. We want to make sure that a lender need not be a environmental energy conservation expert. So I think this is all clarified. I thank the sponsor. It’s been a delight to work with him this Session, and I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Seeing no further discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1183 pass. All those in favor, vote Aye. All those opposed will vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1183, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading, we will go to page 27 of your Calendar. Senate Bills 3rd Reading. On the top of page 27 is Senate Bill 1184. Senator Harmon. Out -- out of the record. Senator Harmon, on 1188, sir. Out of the record. Senator Halvorson. Senator Debbie Halvorson, on 1189, ma’am. Do you wish to proceed? Out of the record. Senator Halvorson, on 1190, ma’am. Out of the record. Senator Millner. Senator John Millner. Good afternoon. It’s still morning. I’m sorry. Good morning, sir. Would you like to proceed on Senate Bill 1201, sir? Gentleman 117 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 indicates he wishes to proceed. Mr. Secretary, please read the bill.
Senate Bill 1201. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Millner.
Thank you, and good morning to you, Mr. President. This bill was given to me by the DuPage County Forest Preserve District. And it provides that a forest preserve district may sell certain vacant, subdivided residential outlots if the board of commissioners determines the sale is advantageous to the district. It sets forth other criteria for the sale of the lots, and provides that the proceeds from the sale must be set aside and used only for certain capital improvements or for payment of bond indebtedness. It would be effective immediately, and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1201 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1201, having received the required constitutional majority, is declared passed. Senator Radogno, on 1208, ma’am. Do you wish to proceed? She indicates she’s wishes 118 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 to proceed. Mr. Secretary, please read the bill.
Senate Bill 1208. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno.
Thank you, Mr. President. This bill amends the Illinois Insurance Code and it prohibits the practice of “step down” with respect to auto insurance. That practice occurs when an insurance company does not provide the same amount of coverage to the insured as to a permissive driver. Most companies do that. This just will require all companies to do that. The amendment becomes the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any -- seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1208 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1208, having received the required constitutional majority, is declared passed. Senator Holmes, on 1224. Do you wish to proceed? I understand that the lady is seeking leave of the Body to return Senate Bill 1224 to the Order of 2nd Reading for purposes of amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1224. 119 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Mr. Secretary, has there been any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Holmes.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes, to explain Amendment No. 2, ma’am.
Thank you, Mr. President. Floor Amendment No. 2 just -- it’s -- it’s a change made at the request of the State Board of Education and it changes the definition of a “hard-to-staff school” to mean an elementary or secondary school that ranks in the upper third of schools in this State in the number of teachers who leave their position.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Holmes moves the adoption to amendment -- Floor Amendment No. 2 to Senate Bill 1224. All those in favor will say Aye. All those opposed will - - opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor -- amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading comes Senate Bill 1224. Senator Holmes, do you wish to proceed? She indicates she does. Mr. Secretary, read the bill.
Senate Bill 1224. (Secretary reads title of bill) 120 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes, to the bill, ma’am.
Thank you. Senate Bill 1224 requires the Illinois Housing Development Authority to establish and administer a program to provide down payment assistance to public school teachers who teach in hard-to-staff schools or hard-to-staff positions for purchasing residences within the school district. The assistance will be in the form of a deferred payment, low-interest subordinate mortgage loan with an interest rate of up to five percent per year. If the borrower has continuously been a teacher for a period of five years immediately following the issuance of the loan, repayment of the loan is forgiven and the loan is considered a grant. And the idea of this legislation is to support and retain teachers. Education comes down to the interaction between teachers and students, and a good teacher who has roots in the community can make a real difference. The bill is subject to appropriation and I have found we do now also have favor of the IEA and the IFT. Any questions?
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Senator Lauzen.
Question for the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Lady indicates she’ll yield for a question, sir.
Naturally we all hope that this -- that a program like this 121 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 would have the intended results. Is there a sunset date? Is there a period of time that we’ll look to see if it helps and what the -- if it produces the results that’s intended? Is there a sunset date?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes.
No, there is not. It is subject to appropriations.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Any further discussion? Senator Kotowski, you seeking recognition, sir?
Sure. Thank you, Mr. President. I rise in support of this legislation. I think it’s good legislation. I think it’s a way in which we can recruit and secure quality teachers, help our students in areas that need it the most. I encourage -- greater support throughout the Senate. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Any further discussion? Senator Lightford.
Thank you, Mr. President. To the bill: I commend the sponsor for taking a look at ways to work with our teacher shortage problem, and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Holmes, to close, ma’am.
I just want to ask for an Aye vote. And I do want to take this opportunity to thank Senator Lightford for her help on this bill. 122 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR DeLEO) …you, Senator. Ladies and Gentlemen, the question is, shall Senate Bill 1224 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1224, having received the required constitutional majority, is declared passed. Senator Link, on 1227, sir. Do you wish to proceed? Indicates he wishes to proceed. Mr. Secretary, read the bill.
Senate Bill 1227. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link, to the bill, sir.
Thank you, Mr. President. This is a bill that prohibits pharmacies from substituting anti-epileptic drugs from -- any time without notifying the prescribing physician and patient or his or her patient {sic} (parent), guardian, or spouse. This is a work in progress. We are working with all sides who -- if there is any amendments, we will be amending ‘em in the House. But we are working with everybody, and I do not know of any opposition to the bill with that agreement.
PRESIDING OFFICER: (SENATOR DeLEO) …you very much, Senator. Is there any discussion? Is there any discussion? Senator Kotowski, you seeking recognition, sir?
123 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Sure. Thank you, Mr. President. I rise in support of this very good and thoughtful legislation. As someone who’s had epilepsy since the age of thirteen and who’s been regulated by medication, the last thing I want is my mediation to be switched without my knowing and my knowledge. I think we need to do whatever we can to protect people like me throughout the State of Illinois who have to deal with this illness. So I encourage an Aye vote. Thank you very much.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Any further discussion? Senator John Jones, you seeking recognition, sir?
Thank you, Mr. President. Senator Link, if I understood you right, you said negotiations are still going on. Is that correct?
PRESIDING OFFICER: (SENATOR DeLEO) The gentleman will yield for a question. Senator Link.
Yes, Senator Jones, I did say that and they still are going on.
PRESIDING OFFICER: (SENATOR DeLEO) Senator John Jones.
…you, Mr. President. So, our hope is, is that this goes over to the House and then will come back to us probably for a concurrence. Right?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
124 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Yes. That’s what the intent will be.
PRESIDING OFFICER: (SENATOR DeLEO) Any further discussion? Any further -- Senator Jacobs, were you seeking recognition, sir? Senator Link, to close, sir.
I would just ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, the question is, shall Senate Bill 1227 pass. Those in favor, vote Aye. Those opposed will vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 54 Ayes, 1 voting Nay, 0 voting Present. Senate Bill 1227, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen, for the purposes of an announcement. For the purposes of an announcement. The Rules Committee will meet immediately in the President’s Anteroom. The Rules Committee -- all members of the Rules Committee will come -- report immediately to the President’s Anteroom. The Senate will stand at ease for -- at ease for just a moment while the Rules Committee will meet. We’ll go right back to 3rd Readings. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Committee Reports.
Senator Halvorson…
PRESIDING OFFICER: (SENATOR DeLEO) 125 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Excuse me. Mr. Secretary, Committee Reports.
Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to the Agriculture and Conservation Committee - House Bills 33, 201, 215, 320, 593, 709, 1019, 1020, 1300 and 1313; refer to the Commerce and Economic Development Committee - House Bill 3394; refer to the Education Committee - House Bills 18, 38, 305, 357, 438, 816, 817, 895, 913 and 1922; refer to the Environment and Energy Committee - House Bills 277, 316, 364, 496, 719, 819, 937, 943 and 1292; refer to the Executive Committee - House Bills 25, 257, 573, 574, 720, 1545 and 3487; refer to the Financial Institutions Committee - House Bills 352, 497, 623, 744 and 1288; refer to the Higher Education Committee - House Bills 182 and 470; refer to the Housing and Community Affairs Committee - House Bills 369, 759 and 1425; refer to the Human Services Committee - House Bills 17, 202, 295, 304, 368, 551, 570, 625, 808, 979, 1082 and 1301; refer to the Insurance Committee - House Bills 148, 938, 986 and 1004; refer to the Judiciary-Civil Law Committee - House Bill 29; refer to the Judiciary-Criminal Law Committee - House Bills 6, 9, 156, 162, 174, 181, 194, 222, 239, 251, 260, 281, 328, 427, 456, 457, 508, 539, 633, 722, 845, 900, 1293, 1525, 3454 and 3593; refer to the Labor Committee - House Bill 411; refer to the Licensed Activities Committee - House Bills 118, 1423, 1729 and 1790; refer to the Local Government Committee - House Bills 4, 12, 140, 169, 237, 286, 310, 334, 365, 405, 499, 679, 428, 924, 961 -- pardon me, it was 828, 924, 961, 976, 1348, 1630 and 1670; refer to the Pensions and Investments Committee - House Bill 49; refer to the Public Health Committee - House Bills 126 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 204, 209, 258, 421, 425, 462, 653, 732, 775, 916, 1058, 1066, 1256, 1257, 1538, 1611 and 1882; refer to the Revenue Committee - House Bill 376; refer to State Government and Veterans Affairs Committee - House Bill 3, 32, 137, 264, 272, 371, 579, 634, 636, 639, 668, 670, 978, 1074, 1355 and 1384; refer to the Transportation Committee - House Bills 30, 133, 217, 293, 358, 408, 518, 536, 630, 654, 903, 1024, 1138, 1238, 1491, 1499 and 1756. Signed by Senator Halvorson, Chairman.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, continuing on Senate Bills 3rd Reading in the middle of page 27 comes Senate Bill 1228. Senator Collins, do you wish to proceed? She indicates she wishes to proceed. Mr. Secretary, read the bill.
Senate Bill 1228. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1228 expands the enhanced penalties for theft of government property to include theft of property owned by a place of worship. And this legislation came about due to the exposé by the Chicago Tribune that published reports of its investigation into fraudulent land sales involving church properties in Chicago. I would just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) 127 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1228 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1228, having received the required constitutional majority, is declared passed. Senator Cronin. Senator Dan Cronin, on 1230, sir. Senator Cronin, on 1230. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the bill.
Senate Bill 1230. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cronin, to the bill.
I believe this is a bill that became an amendment to a bill sponsored by Senator Harmon. So, this is a good bill and I think that you’ll like it very much. But I can take it out of the record, Senator DeLeo.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Continuing on Senate Bills 3rd Reading. Senate Bill 1237. Senator Delgado. Out of the record. Senator Hunter, on 1241. Senator Hunter. The Lady seeks leave of the Body to return Senate Bill 1241 for the -- Order of 2nd Reading for the purpose of an amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is 128 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senate Bill 1241. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter, to explain Floor Amendment No. 2, ma’am.
Floor Amendment 2 retains the original bill and I’ll explain it more on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter moves the adoption of Floor Amendment No. 2 to Senate Bill 1241. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1241. Senator Hunter, you wish to proceed? She indicates she wishes to proceed. Mr. Secretary, read the bill.
Senate Bill 1241. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter, on the bill.
Thank you, Mr. President. Senate Bill 1241 amends the 129 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Environmental Protection Act and -- and basically it states that after July 1, 2008, no person shall install, sell or distribute certain mercury-added -- thermostats after that date in the State of Illinois. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) …Senator Hunter. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1241 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1241, having received the required constitutional majority, is declared passed. Senator Link. Good afternoon, sir.
Good afternoon, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) And what…
It’s always nice seeing you.
PRESIDING OFFICER: (SENATOR DeLEO) Nice seeing you, sir. For what purpose do you rise, sir?
I would like to call for a Democratic Caucus in Senator -- in the President’s Office immediately.
PRESIDING OFFICER: (SENATOR DeLEO) Could you tell -- explain to the Body, how long do you need, sir? 130 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Oh, approximately one hour.
PRESIDING OFFICER: (SENATOR DeLEO) It’s 12:15. It’s a final day, sir. Could we -- is it possible we could come back to the Floor at 1 o’clock, Mr. Chairman?
I think if -- you know, if you control things, we probably could be back in forty-five minutes.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Your order is always in request -- the request is always in order. The Senate Democrats will caucus immediately. The Senate will resume -- Senator Righter, for what purpose you seek recognition?
Purposes of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Purposes of…
Announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Announcement.
Yes.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.
Yes. The Senate Republicans would call for a caucus in Senator Watson’s Office immediately, please, Mr. President. 131 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR DeLEO) Once again, that request is always in order. Senate Republicans will caucus in -- in Leader Watson’s Office immediately. The Senate Democrats will report to President Jones’ Office immediately. We will return to -- we will stand at ease and return to the Senate Floor at the hour of 1 o’clock. We will recess to call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) All Members within the sound of my voice please return to the Senate Floor immediately. We’re going to the Order of 3rd Reading. Final passage. Ladies and Gentlemen, Senate Bills 3rd Reading. On the middle of page 27 of your Calendar - we will go back to where we left off before the caucuses - comes Senate Bill 1245. Senator Link, do you wish to proceed, sir? I believe the Senator seeks leave of the Body to return the Senate bill back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Senate Bill 1245 is now on the Order of 2nd Reading. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Link.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Link, to explain Floor Amendment No. 2, sir.
132 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Thank you, Mr. President. It -- it becomes the bill. I’ll be more than happy to talk about it when we -- after adoption.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Link moves the adoption of Floor Amendment No. 2 to Senate Bill 1245. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1245. Senator Link, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1245. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link, to explain the bill, sir.
Thank you, Mr. President. Basically what this bill does is allow -- it has the Department to do some ongoing site inspections, unannounced visits to facilities in jurisdictions and to see a study on the feasibility of putting cameras -- closed circuit television monitoring and recordings in homes which are governed by the State. We are working with the Department, of any of their concerns. I’ll be more than happy to 133 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any -- Senator Radogno, for what purpose you seek recognition, ma’am?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) …bill, ma’am.
Yes. In committee we had talked some about this bill and some concerns about possible duplicative activity between the Inspector General’s Office and the licensing division and where IDPH fit into all of this. And you had indicated that you are flexible and willing to work with them and would continue to follow this in the House to be sure that it was appropriately implemented. I just wanted to mention that for the record. And with that assurance, I would urge folks to vote for this.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Link, to close, sir.
I just would ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 1245 pass. Those in favor, vote Aye. Those opposed will vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1245, having received the required constitutional majority, is declared passed. 134 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Continuing on Senate Bills 3rd Reading is Senate Bill 1246. Senator Link, do you wish to proceed with that, sir? Out of the record. Senator Link, on 1248, sir. Senator Link, on 1248. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill.
Senate Bill 1248. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Thank you, Mr. President. This is legislation to extend the Use Tax Act and Retailers’ Occupation Act {sic} for manufacturing and assembly exemption for products retailed {sic} tangible personal property. I know of no opposition. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill… …Lauzen, do you have a question on this issue, sir?
Not a question. I just rise in support. It passed out of the Senate Revenue Committee unanimously.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Okay, once again, Ladies and Gentlemen, the question is, shall Senate Bill 1248 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have 135 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1248, having received the required constitutional majority, is declared passed. Senator Sullivan. Senator John Sullivan, on Senate Bill 1249. Senator John Sullivan. I believe this is a recall. Senator Sullivan. Senator Sullivan will seek leave of the Body to return this back to Order of 2nd Reading for the purposes of amendment. Is that correct, Senator? Seeing -- hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1249. Madam Secretary, has there been any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Sullivan, to explain Floor Amendment No. 2, sir.
Thank you, Mr. President. Senate Bill 1249 creates the Illinois Fringe Benefit Portability and Continuity Act. The purpose of the Act is to aid part-time construction workers in obtaining health insurance and pension benefits. The bill passed out of Labor Committee with a unanimous vote. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Sullivan moves the adoption of Floor Amendment No. 2 to Senate Bill 1249. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further 136 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Floor amendments approved for consideration?
No further -- no further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading comes Senate Bill 1249. Senator Sullivan, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1249. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan, to the bill, sir.
Thank you, Mr. President. I explained the amendment, which is -- actually becomes the bill. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Is there any discussion? Senator Hultgren, are you seeking recognition, sir?
Thank you, Mr. President. Real quickly, this did pass through the Labor Committee. It was -- supported unanimously. I would encourage my colleagues to support it as well.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, the question is -- seeing no further discussion, the question is, shall Senate Bill 1249 pass. Those in favor, vote Aye. Those opposed will vote 137 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1249, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, continuing on Senate Bills 3rd Reading, we’ll now go to page 28 of your Calendar. 28 of your Calendar. On the top of page 28 is Senate Bill 1250. Senator Noland. Senator Noland is -- I believe, is seeking leave of the Body to return Senate Bill 1250 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1250. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Noland.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Noland, to explain Floor -- Floor Amendment No. 3, sir.
Thank you, Mr. President. Reading the amendment and answering any questions on 3rd Reading… This is going to be on the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, the -- gentleman moves the adoption of Floor Amendment No. 3 to Senate Bill 1250. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment’s adopted. Madam Secretary, has there been any further Floor amendments approved for consideration? 138 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1250. Senator Noland, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1250. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland, on the bill, sir.
Thank you, Mr. President. This bill amends the Sanitary District Act of 1917. Provides that the original appointing authorities for the Fox River Water Reclamation District shall appoint five successor trustees to the board, no more than three of whom may be from the same political party. Now appointments are made with only regard to one political party. It also provides that the terms of the board members currently serving shall expire when the successor trustees are appointed and qualified. It sets forth the terms of the successor trustees. Be happy to take any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Thank you, Senator. Any discussion? Any discussion? Senator Lauzen, you seeking recognition, sir?
Yes. Thank you, Mr. President. I have a couple of 139 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 questions for the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator, on page 4, line 14 of Floor amendment that’s been adopted, it states that, quote, the terms of all trustees serving in the -- on the effective date of this amendatory Act of the 95th General Assembly shall end when the successor trustees are appointed. And my question for you is, what has the current board done so wrong that it -- it merits being immediately fired and having replacements named?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland.
I’m not sure that I would use the term fired. What we’re simply asking is for parity here. Currently, there -- the -- the statute that was passed in 1917, the rest of the State is under a regime where we have only three -- no more than three members of either political party representing on the board, a board of five; so it’s a three/two ratio. And currently we have just simply one -- one party representing that board. So what we’re asking to do is to bring this -- this water reclamation district into compliance with the rest of the State. So it’s no -- it’s - - this is not personalized. It has absolutely nothing to do with individual members. Has everything to do with the way the law is applied.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.
140 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Thank you, Mr. President. Again, to the sponsor, considering that your goal is as you state, have you considered amending the bill to replace the current board members as their terms end and we go onto the next term, instead of destroying the city board -- or the sitting board in favor of new one immediately?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland.
Happy to answer that. With -- as a practical matter, the board -- the vast majority of the board will be returning. So it’s not as though we’re actually dissolving the board. What we’re simply asking is that one member perhaps step aside. And I should point out that members on this board, there are those that have served more than thirty years on this board. So what that equates to is essentially a lifetime appointment. And I think it’s the -- the wide consensus in my district that others be offered an opportunity at public service on this board.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.
Thank you, Mr. President. I think that the concern that many of us has is the immediate nature of your action, as opposed to when that person or any person who serves on any board comes to the end of their term. But in response to your answer, is there any guarantee in the bill - if you can point out in the bill - that four of the board members will be reappointed, as you said in Local Government Committee? Because after that committee we went back to take a look and we found none. 141 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland.
Senator, there’s nothing prohibiting us from reappointing current members. And it’s my understanding, and certainly my intent, to reappoint as many as four. But I will tell you that under the current -- the current custom and the current -- that the way the law is currently applied, there’s no guarantee that within a year, or even two years, that we would come in compliance with the rest of the State, that our -- our water reclamation district would be reflective of the rest of the State. It should not, in my opinion, have this special exemption. So, I -- it’s a matter of fairness. It’s essentially a matter of fairness and parity.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.
Then to the bill, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
In -- in the spirit of fairness, we don’t take people out of terms that they have been appointed to. Although the intention of this bill to make the board more bipartisan is certainly a noble cause, the bill could have been crafted in a much more reasonable manner. It’s -- it makes sense that the board of the Fox River Water Reclamation District should be realigned by attrition when sitting member’s current terms expire. I believe that this bill is not the process through which to accomplish the 142 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 sponsor’s goal. Regretfully, I ask you to vote No on Senate Bill 1250.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. NewsChannel ABC 20 here in Springfield, seeking leave of the Body to videotape the proceedings. Hearing no objection, leave is granted. Further recognition? Senator Righter, you seeking recognition, sir?
Yes, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator Noland, I’m -- I’m a little bit confused by the bill. Usually when the General Assembly takes actions like this, they fall into, I think it’s fair to say, one of two categories. Either it’s just blatantly politics or, on the other hand, it’s because there’s a real problem with the current board. There are federal indictments floating around, there are investigations, there are allegations, serious allegations of serious misconduct. Is it one of those two that it’s fair to say is -- is prompting this bill?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland.
Well, to answer your question directly, the answer is, yes. In a sense, it is politics. We’re asking that the board become bipartisan, instead of simply one -- a one-party representation on the board. So, I make no apology for that. I ask for a Yes vote on this from -- from both sides of the aisle. I would ask 143 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 you and -- and Members of the other side of the aisle, and I think I’ve shown a -- an ability to be collegial and to -- to work in bipartisan manner, to reach across the aisle already. I’m asking you that, you know, how would you feel if you were -- were in my shoes? And wouldn’t you ask for fairness in return? And that’s all we’re asking for.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) …bill.
Thank you. Well, Ladies and Gentlemen, I -- I don’t think that it’s our place here in the General Assembly to go in and interrupt a current term of service - and that’s what the bill would do - for politics, which is what the sponsor said. I don’t think that’s what we should be doing here. I think we should let the current process play out. The sponsor could have easily put a provision in his bill that allowed the current board members to -- their terms to expire and then change the way the board is run. For those of you who may not know, this system, which by all accounts is working well - there aren’t any allegations of misconduct, there aren’t any investigations going on - was put together after a lot of hard work by a colleague of ours who served here for a number of years and that’s Senator -- Senator Steve Rauschenberger. And I think this is an abrupt change to a system that has worked very well. I’m still not clear on the motivation, and I would urge a No vote. Thank you, Mr. 144 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Noland, to close, sir.
I just simply respond to the latter comments by pointing out that Senator Rauschenberger, in the waning weeks of the election in December, appointed four out of the five current members of this board, didn’t consult the incoming Senator on this. Furthermore, in 1999, when he asked for two more seats to be appointed to this board, he did so by appointing two new Republicans and then never, ever considered the way that the current three/two ratio is played out throughout the rest of the State and never offered a seat to our side of the aisle. I’m in a sense, I’m offering you four to keep four and asking only for one. And I simply ask everyone here to consider what they would feel is -- is fair and how they would want to be treated. And I am asking for an Aye vote, and fifty-nine of them, please.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 1250 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that, there’s 34 voting Aye, 20 voting Nay, 0 voting Present. Senate Bill 1250, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 1252. Senator James Clayborne. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill. 145 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Senate Bill 1252. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.
Thank you, Mr. President and Members of the Senate. Senate Bill 1252 amends the Property Tax Extension Limitation Law and exempts from the definition of “aggregate extension” all contributions to a pension fund created under Articles 3, 4 or 7 of the Illinois Pension Code.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Lauzen, for what purpose you rise, sir?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
This -- this came out of the Revenue Committee on a partisan roll call. It was a 6-4-0 roll call. I think that part of the concern is that this is a tax cap exception. So any one of us who are concerned about any exceptions to the tax cap and the rising property tax burden that our constituents raise, certain public pensions would be taken out of the -- the effect of the tax cap. So I would recommend a No vote.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne, to close. 146 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
I would ask for your favorable vote and that you vote for those hardworking people who deserve a pension to be funded.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 1252 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 28 Ayes, 27 Nays, 0 voting Present. Senate Bill 1252, having not received the required constitutional majority, is declared failed. Senator Clayborne, you seeking recognition, sir?
Yes. Can I put that on Postponed Consideration?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne requests that Senate Bill 1252 be put on the Order of Postponed Consideration. The -- the order -- the bill will be placed on the Order of Postponed Consideration. Okay, Ladies and Gentlemen, continuing on Senate Bills 3rd Reading is Senate Bill 1253. Senator Noland, I believe you’re asking for… Okay, Senator Noland seeks leave of the Body to return Senate Bill 1253 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the -- Madam Secretary, could the board read 1253, please?
Floor Amendment No. 1, offered by Senator Noland.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, on the -- on the Order of 2nd Reading is Senate Bill 147 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 1253. Madam Secretary, have there been any amendments approved for consideration?
Yes, Mr. -- President. Floor Amendment No. 1, offered by Senator Noland.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland, to explain -- Floor Amendment No. 1, sir.
Thank you, Mr. President. The amendment becomes the bill. Happy to speak to it on 3rd -- 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Noland moves the adoption of Floor Amendment No. 1 to Senate Bill 1253. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1253. Senator Noland, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the bill.
Senate Bill -- 1253. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland, on the bill, sir. 148 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
Thank you, Mr. President. This bill - a little less contentious than the last one that I provided, I think - should - - should -- should come as welcome legislation to both sides. This bill is just a cleanup of the Community Mental Health Act that was passed in the late sixties. To the point, this -- this bill provides that community -- mental health boards operating under the Act may in their jurisdiction, by a majority vote, add to the definition of a “person with a developmental disability” and “mental illness”. This bill also returns to the original Act language changing -- changes made in the introduced version of Senate Bill -- 1253 regarding authorization of appropriate government -- governmental units for the community mental health boards to administer the Community Mental Health Fund. The new definitions -- just so -- for clarification point -- clarification sake, here, new definitions include substance abuse, dependence, and addiction. The bill also allows community mental health boards to enter into intergovernmental and intragovernmental agreements to provide treatment services. Community -- mental health boards are given the ability to appropriate funds to programs within the boundaries of its jurisdiction and are required to publish, in locally distributed newspapers, an annual budget sixty to one hundred days after the end of the -- of the fiscal year. It also makes technical changes. This passed unanimously out of committee. It is also sponsored by Senator Radogno. I don’t know of any opposition, and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any -- Senator Radogno, 149 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 for what purpose you seeking recognition, ma’am?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) …the bill, ma’am.
Well, first of all, it is a fine piece of legislation. However, the Township Officials had a little concern and wanted to know if you agree with this statement: It is not the intent of this legislation to diminish the powers and responsibilities which have already been established by existing statutes of the local governmental units that provide the funding for community mental health boards.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland.
Absolutely. I concur with that.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, seeing no further discussion, the question is, shall Senate Bill 1253 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1253, having received the required constitutional majority, is declared passed. Senator Clayborne, on 1257, sir. I believe the gentleman will seek leave of the Body -- Senator Clayborne seeks leave of the Body to return Senate Bill 1257 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? 150 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1257. Madam Secretary, has there been any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne, to explain Floor Amendment No. 1, sir.
Thank you -- thank you, Mr. President and Members of the Senate. Floor Amendment No. 1 deletes everything and becomes the bill. And it exempts home builders and remodelers performing work on any residential structure, consisting of four or fewer residential units, under the period and terms of -- in the written warranty of the residential -- structure. Creates the Mold Remediation Registration Act. Provides with -- the Illinois Department of Public Health with the authority to require registration with IDPH of any -- individuals or companies performing mold remediation services in buildings - does -- does not -- mandate the registration.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1257 pass. Those in -- I’m sorry. Let’s move -- let’s -- let’s back up a minute. Senator Clayborne moves the -- the adoption of Floor Amendment No. 1 to Senate Bill 1257. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. Now the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for 151 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Now the bill is on the Order of 3rd Reading. Senate Bill 1257. Senator Clayborne, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1257. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Clayborne.
As -- as I stated before, this creates the -- Mold Remediation Act {sic} and empowers the Illinois Department of Public Health to require registration with them of any individuals or any companies that will do mold remediation services in buildings, but does not mandate such registration.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Risinger, for what purpose you rise, sir?
To the bill. We rise in support.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
I rise in support of the gentleman’s bill. Thank you. 152 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, Ladies and Gentlemen, the question is, shall -- shall Senate Bill 1257 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1257, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 1261. Senator Jacobs. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1261. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs, to the bill.
Mr. President, Senate Bill 1261 is an initiative of the Illinois County Treasurer’s Association. It removes the county board as one of the authorities that can remove a collector from office and gives the sole power to the circuit court. The idea is to remove the politics out of it and keep it in a legal matter. I know of no opposition. Appreciate your support.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Senator Althoff, for what purpose you rise?
153 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, ma’am.
Thank you. Just for clarification, does this legislation take power away from county boards? Do they currently have the ability to determine whether or not this particular position is vacant or not?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.
Yes. They currently have that power. It’s a shared power between the county board and the circuit court. And what the clerks have -- or excuse me, the County Treasurer’s Association has discovered is that sometimes there’s politics -- played on the county board, and hopefully not in -- on the judicial side.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Althoff.
And noting that very wise remark, I’m going to make sure the Body understands this does remove powers away from county boards. Thank you, Senator.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs, to close, sir.
I just ask for your favorable support.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 1261 pass. Those in favor, vote Aye. Those opposed will 154 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 44 Ayes, 11 Nays, 0 voting Present. Senate Bill 1261, having received the required constitutional majority, is declared passed. Senator Munoz, on Senate Bill 1265, sir. Do you wish to proceed? He indicates he wishes to proceed. How are you, Senator? Good to see you. Madam Secretary, please read the bill.
Senate Bill 1265. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1265 is just a cleanup bill. The bill simply prohibits clear license plate covers. The reason it is a cleanup bill is because Public Act 94-304 of the 94th General -- General Assembly already outlaws clear license plate covers, however the Act only amended one Section of the two that needed to be amended. This bill amendment, the second Section, makes it abundantly clear that clear license plate covers are illegal. Supported by the Fraternal Order of Police, State Police. I know of no opposition, and I’ll attempt to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1265 pass. Those 155 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1265, having received the required constitutional majority, is declared passed. Senator Noland, on Senate Bill 1267, sir. Do you wish to proceed on that? Out of the record. Senator John Cullerton, on Senate Bill 1276, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1276. (Secretary reads title of bill) 3rd Reading of -- of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill is in response to a ruling of the U.S. Court of Appeals in Lee versus Keith, handed down last summer, dealing with the Election Code and the treatment of independent candidates. Said that our statutes are, in part, unconstitutional. So the State Board of Elections drafted this language in response to it. And basically it addresses the court’s case as an attempt to make our Code coincide with the -- that opinion, while at the same time retaining the longstanding policy, and what other states do as well, that establish party candidates -- established party candidates are treated differently for reasons which courts have declared constitutional. And as a result, this will make our 156 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 statute comply with the -- the -- the court ruling, and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Althoff, are you seeking recognition, ma’am?
Yes, I am. Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor gladly indicates he’ll yield for a question, ma’am.
Senator, for the Body, can you provide clarification on how this proposed legislation is different from Senator Frerichs’ legislation that we passed earlier today that basically kind of does the same thing?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
Senator Frerichs’ bill had a different approach. His approach was to make all candidates, regardless of party, the same with regard to the petition signature requirement. Whereas, this bill makes the independent candidates similar to the minor parties.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Althoff.
So this is not a contradiction?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton. 157 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007
No. Two different approaches to the -- address the -- the - - the same problem.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, seeing no -- no further discussion, Senator Cullerton, to close, sir.
Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 1276 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1276, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading in the middle of page 28 is Senate Bill 1279. Senator Harmon. Out of the record. Senator Harmon, on 1287. You wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1287. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1287 amends the Illinois Income Tax Act to 158 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 index our standard exemption to the Consumer Price Index, much as the federal exemption is already indexed today. I’m not aware of any opposition, and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1287 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1287, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 1290. Senator Harmon, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1290. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon, to the bill, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1290 makes disciplinary measures the subject of mandatory collective bargaining for law enforcement officers in non-home rule communities, just as it is today for those in home rule communities, and in fact, for essentially all government employees in home rule and non-home rule municipalities. I’m not aware of any opposition, and I ask for 159 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 your Aye votes.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Burzynski, for what purpose you seek recognition, sir?
Thank you. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DeLEO) Gentleman will yield for a question, sir.
Thank you. Very quickly, Senator Harmon, in my analysis it does list a couple of opponents. Have those been removed? Metro Counties, Illinois Sheriffs’ Association.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
Thank you, Senator, for your question. I -- I have Metro Counties on record as opposing the original bill before we amended it to take a different tact to solving the same problem. I don’t think anyone filed in opposition to the bill as amended. It -- I’m sorry. I’m sorry. Metro Counties is still opposed to the bill and I’m sorry that I misspoke. I thought we had eliminated their objections.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hultgren, you seeking recognition, sir?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) …bill, sir.
160 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Thank you, Mr. President. Real quickly, this did pass through the Labor Committee. We did give an opportunity for any opponents to speak. None did show up. We feel like this is a fair way to handle this situation. Appreciate the sponsor’s work on amending it and would encourage your support.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon. Okay, Ladies and Gentlemen, seeing no further discussion, the question is, shall Senate Bill 1290 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1290, having received the required constitutional majority, is declared passed. Senator John Cullerton, on Senate Bill 1291. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1291. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill establishes the 80,000# Road Improvement Fund in the State treasury and sets up a distribution formula in -- in the Fund. I’ll give you a little background on this. There’s been a -- a great interest in -- over the years for our -- some of our 161 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 highways to -- to allow for eighty-thousand-pound trucks, whereas right now it’s limited to seventy-two thousand. This is not so much a concern in Chicago, but it is outside of Chicago. And this is an attempt to - without a funding source yet; I’ll make it clear, there’s no funding source here yet - but it’s an attempt to put money into a fund and allow for the trucks to get the eighty thousand pounds, but have some money in that Fund to help pay for those -- repair of those roads. I’ve been dealing with the -- a great number of interest groups here - the Farm Bureau and the Pork Producers, the -- the Midwest Truckers, the County Engineers, Township Officials, Municipal League - and we don’t have an agreement yet, but this is the first start -- part of it, to establish this Fund. I’m going to continue to work with them and come back to the Members of the Senate here to see if you -- if we get an agreement, if you would agree with that agreement. So, be happy to answer any questions, and ask for an Aye vote. Oh! Mr…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
Well, we have a problem. I -- I just realized that the…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
I’d like to -- be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Bomke, for what purpose you seek recognition?
162 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Thank -- thank you, Mr. President. To the sponsor. Is -- he’ll yield?
PRESIDING OFFICER: (SENATOR DeLEO) The gentleman yields. Indicates he’ll yield for a question.
We’re -- we’re of the opinion that this was shelled in committee. Initially it was a six-cent gas tax and it was shelled in committee. Is there an amendment? Is there supposed to be an amendment?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton
That’s where the confusion was. There -- the -- what I was describing was Amendment No. 3. I was under the impression it got on, but it did not. So, what I’d like to do is vote on the bill, if I could.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger. Senator Risinger, one moment, sir. Senator Bomke, do you have a follow-up question, sir?
No. Just to the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
I -- I just want to make -- make certain that those on our side are very careful here, because this was a six cents gas tax, and even though it’s been shelved, it may go to the other side and an amendment may come back with something on it that you may not care to have voted for, at least be on a bill, if it comes 163 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 back in the form of a gas tax or something. So, that’s it. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Risinger.
Yeah. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Yeah. Senator, I’m not real sure where we are with this. As -- as I read the bill, and it -- and what we’re voting on is a tax increase that’s in the bill right now. Is that correct?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
Did you say -- the bill right now, I -- I was -- as I indicated, I -- I thought we adopted Amendment No. 3. We had not. The bill is a shell right now. As a result, I think I’m going to need to take the bill out of the record, extend the deadline till we can adopt that amendment.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. The gentleman’s request, the bill is taken out of the record. Continuing on Senate Bills 3rd -- 3rd Reading on page 28 of your Calendar. Senate Bill 1293. Senator Sandoval, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1293. (Secretary reads title of bill) 164 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sandoval.
Thank you, Mr. President, Members of the Senate. Senate Bill 1293 amends the Criminal Code Act as it -- as it refers to aggravated assault, aggravated battery of utility workers. The Senate Bill 1293 expands the offense of aggravated assault to include assaults against utility workers who are either engaged in the duties of their employment or to prevent them from performing their duties.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sandoval -- Senator Sandoval, could you -- one moment, sir. Okay, the -- the board is now corrected. Please continue on Senate Bill 1293, sir.
Once again, the -- the bill expands the offense of aggravated assault to include assaults against utility workers who are either engaged in the duties of their employment or to prevent them from performing their duties or in retaliation for performing their duties. I’d ask a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1293 pass. All those in favor, vote Aye. Excuse me. Excuse me. Senator Radogno, were you seeking recognition on this bill, ma’am? I’m sorry. I did not see your light. Senator Radogno.
165 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 I just -- I have a question for the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, ma’am.
It seems like we’re creating another, you know, small offense for a small group of people and it was my understanding that that was exactly what we’re trying to get away from doing in this whole cleanup of the Criminal Code. So how does what you’re doing -- how is that consistent with this effort to clean up the Criminal Code?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sandoval.
I’ve been a major supporter of the cleanup of the Criminal Code Act in Illinois, and I’ve sponsored that piece of legislation, but the folks on the Criminal Code Reform Commission can’t get their act together. And so to avoid any further delay and bodily injury to utility workers, I am proposing this Senate bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno, do you have anything further, ma’am? Any further discussion? Any further discussion? Senator Dillard, sir.
Thank you, Mr. President. Will the sponsor yield for a question, please?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
166 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 26th Legislative Day 3/30/2007 Senator Sandoval, are there any incidents that has led to this bill, or do we need this because the Democrats apparently can’t come up with a plan that would allow us to provide rate relief to Ameren and Commonwealth Edison’s customers?
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 1293 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 52 Ayes, 1 voting Nay, 2 voting Present. Senate Bill 1293, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, for the purposes of an announcement. For the purposes of announcement. A letter has been filed by the Senate President’s Office. All remaining bills, the deadline has been extended. And pursuant to the House Joint Resolution 45, the Senate stands adjourned until the hour of 12 noon, on April 18th, the year 2007. The Senate stands adjourned. 167