Illinois Senate Floor Debate — April 20, 2007

PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desk? Will the guests in the galleries please rise? The invocation today will be given by Reverend Martin Woulfe, the Abraham Lincoln Unitarian Universalist Congregation, here in Springfield, Illinois. Reverend.

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

(Pledge of Allegiance, led by Senator Maloney)

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter.

Mr. 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 DeLEO) Thank you. Senator Hunter moves the approval of the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions, please. 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Consent Calendar. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR DeLEO) We’d ask all Members within the sound of my voice please return to the Senate Chamber immediately. We will be going to the Order of 3rd Reading, final passage. All Members within the sound of my voice please return to the Senate Floor. Thank you. Okay. Ladies and Gentlemen, if I could have your attention please, we will now be going to the Order of Senate Bills 3rd Reading. I’d ask the Members to turn their Calendars to page 36. Page 36 of your Calendar. Senate Bills 3rd Reading. We’ll start with Senate Bill -- where we left off yesterday, last evening at Senate Bill 1426. Senator Murphy. Do you wish to proceed, sir? He indicates he wishes to proceed. Senator Murphy seeks leave of the Body to return Senate Bill 1426 to the Order of 2nd Reading for the purpose of amendment. Is that correct, sir? Indicates yes. Hearing no objection, leave is granted. Now, on the Order of 2nd Reading is Senate Bill 1426. Madam Secretary, has there been any amendments approved for consideration?

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Murphy moves the adoption of Floor Amendment No. 1 to Senate Bill 1426. All in favor will say Aye. All opposed will say Nay. The Ayes have it, and the amendment’s adopted. Madam Secretary, has there been any further Floor amendments -- approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1426. Senator Murphy, do you wish to proceed? He indicates yes. Madam Secretary, read the bill.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay. Ladies and Gentlemen, the question is, shall Senate Bill 1426 pass. Senator Millner, are you seeking recognition, sir? Senator Millner.

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Millner.

PRESIDING OFFICER: (SENATOR DeLEO) Senator -- Senator Millner, before you ask the next question, once again, the Chair would invoke the Cronin rule. The Cronin rule is now in effect. Senator Millner.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, once again, the question is, shall Senate Bill 1426 pass, on the gentleman’s first bill. 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 1426, having received the required constitutional majority, is declared passed. Senator Sandoval, on Senate Bills 3rd Reading. Senator Sandoval, on 1428. Senator Marty Sandoval, do you wish to proceed, sir? Senator Sandoval. Out of the record. Senator John Cullerton. Senator Cullerton, on 1429, sir. Out of the record. Senator Althoff. Senator Pam Althoff, on 1430, ma’am. Do you wish to proceed? Out of the record. Senator Hunter. Senator Mattie Hunter, on 1433, ma’am. Do you wish to proceed? She indicates -- I believe, Senator Hunter seeks leave of the Body to return Senate Bill 1430 {sic} to the Order of 2nd Reading for the purpose of amendment. Is 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 that correct, ma’am? Hearing no objection, leave is granted. I’m sorry. We’ll have to correct the board here. 1433, Madam Secretary. Would the board so reflect? Thank you. Okay. Now on the Order of 2nd Reading is Senate Bill 1433. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter, on Amendment No. 1, ma’am.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This Amendment 1 is basically clean-up language. It retains the underlying bill and it makes one change and I’ll discuss it further on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator Hunter moves the adoption of Floor Amendment No. 1 to -- to Senate Bill 1433. 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?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1433. Senator Hunter, do you wish to proceed, ma’am? She indicates she’d like to proceed. Madam Secretary, please read 6  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter.

Thank you, Mr. President. As introduced, Senate Bill 1433 exempts cigarettes used for research purposes from the Cigarette Tax Act. And this amendment…

PRESIDING OFFICER: (SENATOR DeLEO) Excuse me. Senator Hunter, because of the time of the day, we’ll come back to your bill in just one -- a couple minutes. I’d ask you just to take this out of the record and then we’ll -- your -- your bill will be on the Order -- Senate Bill 1433 will be on the Order of 3rd Reading and we’ll return to you. Ladies and Gentlemen, could I ask all Members, please be in their seats. I’d ask staff, all non-Members retire to the rear of the Chamber, please. All Members please be at their desk. Staff retire to the rear of the Chamber. Ladies and Gentlemen, all Members please be at their desk. Ask staff to retire from the Floor. As I mentioned last night in closing moments, the Governor has proclaimed today -- gentlemen, could I ask you, please be at your desk? The Governor has proclaimed today a day of mourning for the Virginia Tech victims and has asked all citizens to join in the ringing of the bells at exactly the hour of 11 a.m. in memory of those who lost their lives. Please join me in a moment of silence in which the Chair will ring the -- Senate bell thirty- 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 two times. One for each of their lives that were lost. After, I’d ask all Members please rise. We will start the memorial and we’ll ask for people that will have comments, please wait until after we do the ringing of the toll. Thank you. (Senate observes a moment of silence in remembrance of Virginia Tech victims)

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

Thank you, Mr. President. Clearly today is a sad day throughout America, not just in Virginia at Virginia Tech or here in Illinois. And I’m going to ask God Almighty and the families of the victims to allow me to just briefly, Mr. President, address the fact that guns were involved in this tragedy. And someday, perhaps, Mr. President, starting today, we will earnestly address the issue of weapons in America and this nation’s fascination with guns. These young people trying to get their education are just like our sons and daughters and nieces and nephews that we have in the various college campuses around America. And let’s not fool ourselves, this could happen anywhere in America. If we strengthen gun laws, will it stop every incident? No, it won’t. But we should give these babies a chance to live, a chance to have a future. We must address eventually, my friends, the issue of guns, violent videos, and our -- fascination with weapons. Our hearts go out to the families. Our heart goes out to Virginia Tech. Our hearts go 8  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 out to all of us -- all of us have mourned together just as we did with Columbine. And here we are again. Pray for the families, everyone. And after we’re done doing that, let’s earnestly address the issue of the availability of guns in America. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Hunter.

Thank you, Mr. President. I, too, am -- am truly saddened by the tragedy that occurred in Virginia. I know that Senator Hendon just mentioned the fact about the availability of guns, so I’m not going to address that issue. However, I am concerned about the -- the mental health issue, the behavioral issue and all the other issues that our -- that society faces, especially our children. I think that we need to -- to -- to pay closer attention to our students who present themselves with problems. I think that we need to respond quicker. We need to put more resources into this particular issue, because I feel that our -- our young people are calling out for help and we’re not listening, we’re not doing enough to help these young people. Thank you very much.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Hunter. Senator Sieben.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Reverend Meeks.

Thank you so much, Mr. President. Today is the anniversary of the Columbine shooting. Yesterday was the anniversary of the Waco killing and it was the anniversary of the Oklahoma bombing. I think that one of the things that we have to all remember here in our society is how valuable human lives are. The reason we pause today is because there is power in the blood of the innocent. These young people were studying to become doctors, lawyers, teachers, politicians and now they’re no longer here. I would simply ask, as we reflect upon the Virginia Tech shooting, that we would remember how valuable every life is. I would hope that this would cause us to remember how valuable the life of all of our colleagues, whether downstate, upstate, black, white, 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Democrat, Republican. All lives are valuable and I think that sometimes we seem to not recognize the value of a human being. That’s the only thing that could cause somebody to take a bomb and put it in a building and not care how many people they -- they hurt or they assassinate. Sometimes I think we even forget character assassination. And so on this day that we pause to remember the lives of the young people to pray for their families, to pray for their relatives and that school, I think also we should remember that each human life is valuable, each person in this Chamber is valuable. And as we see each other throughout the day, I think that we need to remember the value of a human life. Thank you so much, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Reverend. In closing, President Jones.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. We’ll close with a moment of silence to reflect for all the victims of this terrible tragedy. Thank you. (Senate observes a moment of silence)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. I’d ask to bring the Members’ attention to Senate Bills 3rd Reading. We’ll go back to page 36. At the time of the hour of 11 o’clock having arrived, Senator Hunter your bill was on the Order of 3rd Reading. Madam Secretary, please read the bill. It’s been previously read a third time. Senator Hunter, to the bill, ma’am.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. As introduced, Senate Bill 1433, basically exempts cigarettes used for research purposes from the Cigarette Tax Act. And this amendment is needed to maintain both the intent and integrity of the legislation that both in-state and out-of-state retailers are on the same footing with respect to taxation. And 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Hunter. Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1433 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 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1433, having received the required constitutional majority, is declared passed. Senator Righter, for what purpose you seeking recognition, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests from Eastern Illinois please rise and be recognized? Welcome to the Illinois State Senate. Welcome. Okay. Ladies and Gentlemen, continuing on page 36 of your 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Calendar is Senate Bill 1434. Senator Cullerton. Senator Cullerton, I believe you’re seeking leave of this Body to return Senate Bill 1434 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 1434. Madam Secretary, has there been any amendments approved for consideration?

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

Yes. Thank you, Mr. President, Members of the Senate. This is really just a technical amendment which changes some language in the public policy finding Section of the bill. It’s not controversial. I’d like to adopt the amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Cullerton moves the adoption of Floor Amendment No. 1 to Senate Bill 1434. 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 our consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now, on the Order of 3rd Reading is Senate Bill 1434. Senator Cullerton, you wish to proceed? He 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 indicates he wishes to proceed. Madam Secretary, please read the bill.

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

Thank you, Mr. President, Members of the Senate. This bill is in response to a threat of what’s called Strategic Lawsuits Against Public Policy {sic} (Participation). It’s referred to as a SLAPP, legislation that a number of other states have -- have passed. And what it’s about is to -- address the concern that certain lawsuits that could be filed that significantly would chill and diminish citizen participation in government or voluntary public service or the exercise of those constitutional rights. So, what the bill does is to first declare the public policy that we want to encourage, obviously, our citizens to -- their constitutional rights -- to exercise their constitutional rights of free speech and the right to petition and redress grievances. And then it provides for a procedural protection, if you will, when they are sued. And I’ll give you an example, let’s say a community organization makes recommendations to a local alderman concerning zoning changes. They just give advice, then the party that might not agree with the decision, the vote of the alderman, they -- that person, that landowner would file a lawsuit, not just against the municipality, but also against the community organization that gave the advice. Even though all 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 they were doing was giving advice to their elected officials. So, that’s what the purpose of the bill is. We worked out an -- an agreement with the -- the trial lawyers so they are no -- no longer in opposition. Municipal League is in favor. Be happy to answer any questions, and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1434 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, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1434, having received the required constitutional majority, is declared passed. Senator Hunter, on 1435, ma’am. Out of the record. Senator Hunter, on 1436, ma’am. 1436. Out of the record. Ladies and Gentlemen, turn to page 37 of your Calendars. Senate Bills 3rd Reading on the top of the Calendar is Senate Bill 1446. Senator Sandoval. Marty Sandoval. Out of the record. Senator Sandoval, on 1448. Senator Sandoval, on 1448. Out of the record. Senator Harmon, on 1452, sir. Senator Harmon, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sandoval, to the bill, sir. Senators 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Harmon/Sandoval. Senator Harmon.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1452 amends the Property Tax Code and provides that in Cook County the filing of a tax objection complaint that would reduce the assessed value of a property by more than a hundred thousand dollars triggers an obligation on behalf of the plaintiff to provide notice to the municipality, school district, and community college district in which the property is located, and then gives to those governmental entities the right to intervene in the case. I’m not aware of any opposition, and I’d ask for your Aye votes.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Harmon. Is there any discussion? Is there any discussion? Seeing no further discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1452 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? Madam Secretary, please take the record. On that question, there are 52 Ayes, 2 voting Nay, 0 voting Present. Senate Bill 1452, having received the required constitutional majority, is declared passed. Illinois Information Service is seeking leave of the Body to videotape the service -- the proceedings. Seeing no objection, leave is granted. Senator Harmon, on 1453, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1453 is a modernization of the Public Building Commission Act. It is identical to Senate Bill 2049 from the last Session, which passed by a vote of 58 to nothing. It increases certain relocation payments to displaced persons.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? The question is, shall Senate Bill 1453 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? Madam Secretary, take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1453, having received the required constitutional majority, is declared passed. Senator Harmon, on 1454, sir. Out of the record. Senator Sandoval, on 1455, sir. Out of the record. Senator Lightford, on 1462, ma’am. Do you wish to proceed on 1462, ma’am? Out of the record. Senator Lightford, on 1464, ma’am. She indicates she wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Senator Lightford.

Thank you, Mr. President. Senate Bill 1464, Ladies and Gentlemen, amends the Consumer Fraud and Deceptive Business Practice {sic} (Practices) Act, regarding mortgage marketing material. I had a constituent send me a letter indicating, that since she purchased a home, that she’s been receiving all types of letters saying information is important about your lender’s mortgage, or your final notice, complete and return. And she’s finding that that isn’t the case from her actual mortgage lender. So we want to try to help the consumers who purchase new homes here. And I’d be happy to answer questions.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Senator Lightford, to close, ma’am.

I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 1464 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? 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Madam Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1464, having received the required constitutional majority, is declared passed. Senator Rutherford, are you seeking recognition, sir? Senator Lightford, on 1468, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford, on -- to the bill, ma’am.

Thank you, Mr. President. Ladies and Gentlemen of the Senate, this legislation amends the Payday Loan Reform Act of 2005. It’s actually cleaning up a loophole that we, as Members here, worked on at least five years to six years to regulate an industry that I believe is misusing the concept of payday loan. Many of the percentage rates are skyrocketing and we worked together as a bipartisanship effort to make sure that this industry was regulated. And what we find out in good faith of our negotiation, we added an amendment that allowed up to one hundred and twenty days to be exempt from the actual legislation -- well, past a hundred twenty days, excuse me. So what the payday loan industry has now began to do is to create an installment loan practice that has superseded the payday loan practice. And these loans are now being loaned up to seven hundred and one percent. I have loans -- samples of loans -- I have samples of loans here where an individual went in and 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 borrowed, or financed thirty-five hundred dollars. Their finance charge would be at two hundred and ninety percent APR. They would pay seven thousand three hundred and forty-eight dollars in finance charges over a twenty-six payment period, which meant they would have to pay eight hundred and thirty-five dollars a month back on a loan. And at the end of the day, they would be paying almost eleven thousand dollars for a thirty-five-hundred- dollar loan. And that’s just one example. There’s many others that I can give as we continue on with this debate, but I just want us to know that we negotiated in good faith and we’re trying to protect consumers and regulate an industry. And that legislation passed out of here in 2005 with 59 Ayes. And it’s just our duty and responsibility to come back to the table and say we need to recognize the loophole. We need to close it out and that’s what I’m asking the Body to do on -- today. I’d be happy to answer questions.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Mr. President. For a few questions of Senator Lightford.

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford.

Thank you, Mr. President. Senate -- Senator Rutherford, it is my intention to allow further negotiations to take place in the House, but I do want to bring to the Body’s attention that there was many meetings over the years, that there was a meeting that took place. The room was full to capacity and I want to apologize for you not getting that information or -- or your staff, perhaps, not being informed in a timely fashion. However, I can let you know that the industry was there and no one else was left out. I accepted suggestions from them, some ways that we could possibly amend the legislation to accommodate them, finding out that some of their suggestions, according to the Attorney General’s Office, are unlawful and there were things that we could not do. And so those amendments, even if they bring ‘em up in the House, they would not be eligible because they are illegal suggestions by the industry. But, however, discussions will continue to carry on in the House and I’m just hoping that we do a just job here and recognize that there is a flaw that we need to close.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Schoenberg. 22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

Thank you, Mr. President. I rise in support of the bill and I commend the sponsor’s efforts. This is yet another case where we’re going to have to be very vigilant and diligent and build better mousetraps. The dynamics of behavior, starting with the very entities who make the loans at the same locations, the fact that the lenders don’t perform credit checks or otherwise determine the borrower’s ability to pay for payday installment loans; the fact that the loan is quote, unquote, secured through a method of payment that’s directly linked to the borrower’s payday or wages; the fact that the annual percentage rates are exorbitant - here’s a case where the industry has found a way to adapt to our latest regulatory effort. And I would anticipate that the industry will continue to seek ways to skirt the mousetraps that we build. So I would urge us to support this and to be mindful of the fact that we’ll probably, likely, have to revisit this issue as other products are cleverly brought to bear. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Millner.

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford.

Thank you, Mr. President. Senator, I’ll do my best. Most of their analogies I find to be inconsistent, so I can’t really speak for the opponents. But what I do recognize is that there were some installment loan practices that were fair and just and -- and companies that had been providing this service. But in all honesty, Household Finance Corporation, Wells Fargo, they provide installment loans up to thirty-six percent. They’re not groping people at two hundred and ninety percent, five hundred percent, and seven hundred percent. So there are some installment loan providers that do a decent APR at thirty-six percent. While the payday loan has shifted from a short-term loan to installment loans and now they have almost stepped over into the lanes of the installment loan traditional providers. And, now, in order for us to close that loophole, the opponents have basically fallen into the trap of the payday loan industry. So, it -- it wasn’t by design that we wanted to go after the installment loan providers, it’s just that the payday loan industry has now fallen into their installment loan category. And now they’re taking on their product, and this is the product that has skyrocketed over the last year and a half.

PRESIDING OFFICER: (SENATOR DeLEO) Any further discussion? Senator Millner.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Lauzen.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford.

Thank you, Senator. There -- thank you, Senator Lauzen, for finding me to be an admirable and to acknowledge this red blinking light that you suggest that I’m trying to create, which is just your opinion. The honest -- the honesty here goes to the fact that we passed legislation in 2005 creating a Payday Loan Act. There’s nothing different that I’m trying to do from the -- Payday Loan Act that we established. I’d like for them to follow the laws, to follow the rules that this Body set up - took us five years in negotiations to do. Former Senator Kay Wojcik and I worked on this like year after year. And, so, I’m not creating anything different. I feel that this industry has a responsibility to find -- to abide by the laws that we have established. They came to us in the very last hour and asked us to include an amendment, and we included this concept in good faith, not knowing that they would then turn around and begin to offer loans at one hundred and twenty-one days to circumvent the law. So as long as they abide by the current law and not provide 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 installment loans as their new pet-peeve project, then, that way, consumers who do not understand will be more knowledgeable. In fact, they have charts. And here is an example of a product comparison chart, that they’re handing out to individuals who come into the store and say, “Well, if you get a fourteen-day payday loan, this is what’ll happen. But if you purchase our installment loan product, you have a longer period to pay, you have smaller payments to pay,” which is a misleading concept, because I shared with you at the beginning of testimony borrowing thirty-five hundred dollars, paying back eleven grand in twenty- six months is not a good concept. They’re not treating the consumers fairly and they’re actually misleading them with the concept that an installment loan would be better for them than a payday loan in the long front. So I’m not trying to change anything here. This industry has a responsibility to abide by the laws that we have established, like all other industries.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford.

Let me go back to the original payday loan. Nothing’s any different. In our original Payday Loan Act that we established, borrowers were limited to twenty-five percent of their gross monthly income or one thousand dollars, whichever is less. Lower -- we lowered the caps and the fees where they were paying fifteen-fifteen, fifteen dollars and fifteen cents per one hundred dollars that was borrowed. We had a borrower time-out period where they can only borrow a maximum of up to two loans in a given period of time. We had options of debt repayment plans. Now, they have this big balloon payment attached to the end of installment loans. We had a seven-day debt recovery time where you could not borrow a loan within a seven-day period of paying the loan off. We had statewide consumer reporting services to help enforce this regulation. And, so, I’m not doing anything different. This legislation doesn’t change any of the provisions that were already set in place. What I’m asking this Body to do is to retain the underlying law that we established and to reinstate the concept that payday loan laws should be regulated in the State of Illinois. And they need to follow the Payday Loan Act of 2005 and not come up with new ways to circumvent this law and charge people seven hundred percent on a loan. I mean, Senator Lauzen, if -- if I could pay you back eight hundred and fifty-four dollars a month, I wouldn’t need to have come to you 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 and borrow the three grand in the first place. That’s just a -- quite a bit. And at the end of the day, I want to bring to your attention the balloon concept. There’s about fifteen hundred dollars on that loan alone would be a final payment in addition to the eight hundred forty-five dollars that individual pays. So for that last month, they’re asking that person to pay almost twenty-four hundred dollars. But if they don’t have it, it’s okay, ‘cause we’ll give you another installment loan on that amount. And that individual is being caught into this vicious cycle of debt that we attempted to regulate. I’m not saying that they shouldn’t provide loans. I’m not saying that they’re not a good market. There’s many consumers that do need their product. Be fair to the consumers. Don’t get them caught into a vicious cycle of debt at extremely high APRs.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Crotty.

Thank you very much. I -- I, too, rise in very strong support of this piece of legislation. I also had a constituent that came in to get a -- a -- went in to get a loan to help pay for a car repair because they absolutely needed their car for work and ended up finding out that, in fact, they owe now four times what the original loan was. And when he -- they came into my district office, I thought we had already established a law to prevent this from happening. But last summer I, too, attended a -- a hearing on this issue and some lenders have found a way to circumvent the Payday Loan Reform Act by offering payday installment loans. So, we need to act on this legislation really to protect our consumers in this State and I commend you for 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 bringing it forward. Thank you very much.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Lightford, to close, ma’am.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I’d just like to bring to the Body’s attention that I need to make a correction there were 58 Ayes that went out of here before. Senator Lauzen was the only No vote. I’d like to see that same concept on today’s vote, because we have to protect ourselves as Legislators. We spent time down here recognizing a problem. We provided a very good concept through years of negotiation, nothing that we just shoved down one another’s throat at a last hour, as they did the amendment that we a -- tacked on in good faith, that they’re now circumventing the system with. So I’d ask all of us just to continue to protect the very laws that we’ve established, and please vote Aye.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 1468 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? Madam Secretary, please take the record. On that question, 44 Ayes, 7 voting Nay, 1 voting Present. Senate Bill 1468, having received the required constitutional majority, is declared passed. Senator John Sullivan, for what purpose you seeking recognition, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 State your point, sir.

I have guest with me today, a -- a gentleman standing here beside me. He is the Chairman of the Board of Amtrak. His name is David Laney and he is down visiting Springfield. It’s his first time to Springfield, but a very knowledgeable man with -- with regard to Amtrak and passenger rail. I’d like for -- everybody to welcome here to the Senate Floor.

PRESIDING OFFICER: (SENATOR DeLEO) Welcome to the Illinois State Senate. Welcome to Springfield. Okay. Ladies and Gentlemen, Senate Bills 3rd Reading in the bottom of page 37 is Senate Bill 1471. Senator Kotowski. Out of the record. Senator Lightford, on 1473, ma’am. Would you like to proceed on that? Out of the record. Senator Lightford, on 1475, ma’am. Out of the record. Senator Demuzio, on 1478, ma’am. Out of the record. Ladies and Gentlemen, we will turn our Calendars to page 38. On the top of page 38 is Senate Bill 1479. The Senator is going to request that we -- shall seek leave of the Body to return Senate Bill 1479 to 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 Senate Bill 1479. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio, to explain Floor Amendment No. 1, ma’am.

31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Yes. Thank you, Mr. President and Members of the Senate. Floor Amendment No. 1 adds and makes changes -- some of the language to clarify some points in the original bill.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Demuzio moves the adoption of Floor Amendment No. 1 to Senate Bill 1479. Is there any discussion? Seeing no discussion, 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?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Now on the Order of 3rd Reading is Senate Bill 1479. Excuse me. I did not -- for -- like to make a technical clarification here. This bill is now on the Order of 3rd Reading, Madam Secretary. Now on the Order of 3rd Reading is Senate Bill 1479. Senator Demuzio, you wish to proceed? She indicates she wishes to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio, to the bill, ma’am.

Yes. Thank you, Mr. President and Members of the Senate. This legislation allows IEMA to adopt federal laws and 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 regulations and -- and other orders that are required for Illinois to maintain the regulatory program. As different rules and regulations are coming down from the federal government, IEMA wants to say -- stay consistent with those rules and regulations and these make some changes. What Senate Bill 1479 does make those changes and brings us into compliance with all of the rules and regulations.

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

Ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 1479 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? Madam Secretary, please take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1479, having received the required constitutional majority, is declared passed. Senator Demuzio, on 1481, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio, to the bill, ma’am.

33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Yes. Thank you, Mr. President and Members of the Senate. Senate Bill 1481 amends the State Employees Article of the Illinois Pension Code to permit nurses to purchase service credit for any work under a contractual agreement through the Department of Public Aid or its successor agency, the Department of Human Services. The employees worked in the client assessment unit and -- and subsequently they have been classified a State employee by United States Internal Revenue and the Illinois Labor Relations Board. Presently what they are doing, the twenty-two nurses, are seeking to buy back their time and service so that they can be -- have credit for the time that they have worked with those departments.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Any further discussion? Any further discussion? Senator Lauzen, what purpose are you seeking recognition?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio.

Yes. Thank you. And I appreciate the question. They -- we are looking at twenty-two nurses and they are going to be paying back their contribution, plus interest. Basically, what we feel is that as -- they -- the twenty-two, they are not all going to be retiring at the same time. I think presently we’re looking at maybe three that are -- that have an interest, but we’re looking at maybe at tops cost neutral -- maybe about six hundred thousand over the period of time.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio.

…Department is going to be paying six hundred thousand dollars. Okay. And I think the retirement system as they -- as my records show here that -- that there was not a -- that -- that -- that -- that it was cost neutral for the retirement system.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio.

Subject to appropriation.

PRESIDING OFFICER: (SENATOR DeLEO) Seeing no further discussion, Senator Demuzio, to close, please. 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

Yes. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 1481 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? Madam Secretary, take the record. On that question, there are 52 Ayes, 4 voting Nay, 2 voting Present. Senate Bill 1481, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 1482. Senator Lightford, do you wish to proceed on Senate Bill 1482, ma’am? Out of the record. Senator Althoff, on 1493, ma’am. How are you, Senator? Nice to see you. Out of the record. Thank you. Senator Althoff, on 1494, ma’am. Out of the record. Thank you. Senator Wilhelmi. Senator Wilhelmi, on 1497, sir. Out of the record. ABC NewsChannel 20, here in Springfield, seeking leave to videotape the proceedings. Leave is granted. Senate Bill 1508. Senator Crotty, do you wish to proceed, ma’am? She indicates she wishes to proceed. Mr. Secretary, please read the bill. …one moment. Ladies and Gentlemen, we’re in 3rd Readings, final passage. Could we ask for a little respect to the speaker? Please lower your conversations. Take your conversations to the back of the Chamber. Thank you. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.

Thank you very much. Senate Bill 1508 now states that once a building permit is issued, the applicable local building codes that are in effect at the time of the permit is issued shall be the only building codes that apply for the duration of that permit.

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

PRESIDING OFFICER: (SENATOR DeLEO) The bill, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1508 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, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1508, having received the required constitutional majority, is declared passed. Senator Raoul, on Senate Bill 1509, sir. Do you wish to proceed? He indicates he 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 wishes to proceed. Mr. Secretary, read the bill.

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

Thank you, Mr. President, Ladies and Gentlemen of the -- of the Senate. Senate Bill 1509, as amended, provides that where a sex offender is incarcerated for another offense during their period of registration, the -- the balance of their ten-year period of registration, if they have a ten-year period of registration, shall be told during the time that they’re incarcerated for a -- a -- a -- a non-related offense. I ask for your support.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Raoul, to close, sir.

I urge your support.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 1509 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, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1509, having received the required constitutional majority, is declared 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 passed. Senator Raoul, on 1511, sir. I believe the Senator is requesting that this bill -- he will seek leave of this Body to return Senate Bill 1511 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 1511. Mr. Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul, to explain Floor Amendment No. 4, sir.

Floor Amendment No. 4 deletes all, replaces the bill. I’ll explain it on 3rd.

PRESIDING OFFICER: (SENATOR DeLEO) …there any discussion on the amendment? Seeing no discussion, Senator Raoul moves the adoption of Floor Amendment No. 4 to Senate Bill 1511. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1511. Senator Raoul, do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the bill.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1511, as amended, determines that in order to promote business competition and the stability in growth of small businesses, the Capital Development Board may accept a surety bond guaranteed by the federal Small Business Administration or by a second party bond for a public construction contractor -- contract, if the contractor is a small business. There was an issue raised in committee with regard to this bill with regards to the Capital Development Board adopting rules to implement this Section. The statute uses permissive language. I’ve committed to the Senator who asked the question that in the House if this -- bill were so -- to be so moved to the House, that that language would be changed to have mandatory language in there.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.

A small business is a construction business with annual sales and receipts of no more than twenty-seven million dollars.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Peterson.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.

I’m the Senator of the 13th Legislative District. I have not announced any candidacy for Governor, yet, so I can only speak for the Senator of the 13th Legislative District.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Peterson.

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

I urge your support on this bill. Thank you. 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, the question is, shall Senate Bill 1511 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 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1511, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading on the bottom of page 38, is Senate Bill 1514. Senator Raoul. The gentleman is seeking leave of this Body to return Senate Bill 1514 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 1514. Mr. Secretary, has there been any amendments approved for consideration?

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

Floor Amendment No. 1 replaces everything after -- the enacting clause and becomes the bill. I’ll explain it on 3rd.

PRESIDING OFFICER: (SENATOR DeLEO) Seeing no discussion on the amendment, Senator Raoul moves the adoption of Floor Amendment No. 1 to Senate Bill 1514. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration? 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1514. Senator Raoul, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the bill.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1514, as amended, allows corporate authorities of any home rule municipality to order the county clerk to abate any percentage of the taxes levied by the municipality and any other taxing district on a parcel of residential property owned by the surviving spouse of a fallen police officer or rescue worker. I urge your support.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Any discussion? Senator Cronin, what purpose do you rise, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Cronin. Senator Cronin. Senator Cronin, could you identify the very attractive young lady sitting in your seat?

PRESIDING OFFICER: (SENATOR DeLEO) Gracie Cronin, would you stand up and be recognized? And welcome to the Illinois Senate. Senator Raoul, to close, sir.

I -- I appreciate the concerns and comments raised by my friend on the other side of the aisle. And as I did in committee, I -- I -- I invite the schools to have conversations in the House if they have an objection to the spouse of fallen police officers who serve and protect all citizens, including the schools and the -- the kids in our schools, who are not great in number. This is not going to have a huge impact on any school district. It’s -- it’s -- it’s going to have a -- a -- a minimal impact to do something to relieve the burden on the spouse of a fallen police officer. So, I urge every Member to support this bill.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 1514 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have 46  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 Ayes, 2 voting Nay, 1 voting Present. Senate Bill 1514, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading is Senate Bill 1527. Senator John Cullerton. Senator John Cullerton, on Senate Bill 1527, sir. Senator -- Senator John Cullerton. Out of the record. Senator Forby. Senator Gary Forby, on 1529, sir. Out of the record. Ladies and Gentlemen, continuing on Senate Bills 3rd Reading, we come to the top of page 39 of your Calendar. Senator Frerichs, on 1553, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.

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

Okay. Thank you very much, Mr. Chairman, Members of the Senate. Senate Bill 1553 protects disabled firefighters by providing that disability cannot constitute the cause for a discharge. If a pension board determines that a firefighter is not disabled, then the marshal or chief must immediately return the firefighter to payroll. Firefighters who devote their lives to protecting the public deserve the peace of mind to know that in case of disability, their families will be taken care of with a duty disability pension benefit. And I would answer questions.

PRESIDING OFFICER: (SENATOR DeLEO) 47  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Is there any discussion? Is there any discussion? Senator Brady, for what purpose do you seek recognition, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

…forward various proposals, but we have not been able to reach consensus with them. They are not in support.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

I’m new to this. There’s a disagreement with the Illinois Municipal League about firefighters being forced to return to work. They were afraid that sometimes there would be some people they wouldn’t want to return. Our compromise agreement would have at least made sure the firefighters in disagreement would be 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 receiving a salary. The problem we were trying to rectify here is a situation that has happened in the State of Illinois where a firefighter became disabled, went on to receive his disability pension, went through rehabilitation, the pension board told him he was okay to go back to work, stopped receiving his disability pension and then the municipality said, we don’t want to take you back. We think you’re still disabled. And that firefighter was left without. So, there is -- there has been some disagreement about how best to accomplish that. We tried to work with the Municipal League.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

My intention for it to move over to the House. I know that there are people over there who would like to continue dialogues. But I think at -- at some point we need to move forward with this.

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

PRESIDING OFFICER: (SENATOR DeLEO) Gentleman will yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

That is correct.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

There have been many negotiations with the Municipal League and that is one sticking point with them. I would say this 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 clarifies the three physicians selected by the board need not -- need not agree to the existence of any disability or the nature and extent of the disability. This is simply a restatement of existing law. Case law demonstrates the statute to require firefighters to see three physicians, but that these three physicians don’t have to report on the same diagnosis. An -- an example is the case in 2005 in Oak Park where the judge upheld a pension board’s disability pension award to a firefighter even though none of the doctors certified the firefighter’s hearing loss linked to a performance of his duty. Because the pension board was able to consider other relevant facts, like that the firefighter had served for twenty-two years riding in loud fire trucks every day and being exposed to noise from gas-powered generators, they awarded him the benefit and the Appellate Court of Illinois agreed.

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

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

Thank you, Mr. President. Senator, I have the highest regard for what you’re trying to do, but I am really concerned when I see that the municipalities are -- are really all opposed to this and I’m -- I -- I obviously feel that -- is it a 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 financial of consideration? Is that why they’re opposed to it?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

Yes. They do believe that this could constitute an increased liability for the municipalities. But for my opinion, if we don’t pass this, we’re putting the burden on the firefighters who go and serve the public every day.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Viverito.

Senator, is there perhaps a way that maybe you could hold this a bit and negotiate with the Municipal League and make them a little bit more comfortable with this bill? Because, obviously, nobody negotiates the contracts more than the mayors and village presidents, and they’re more familiar with their budgetary restrictions and the financial burdens and responsibilities that they feel. Is there some way that you might be able to renegotiate with them?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

We -- we have negotiated at length with the Illinois -- Municipal League over the last nearly two months we’ve worked with them. Have not been able to reach a compromise. I -- I would hope they’d be willing to -- to -- to give up a little more. They were unable to. So it’s my intention to move the bill. If they are willing to further compromise, we’d hope they’d reach that in the House. 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

PRESIDING OFFICER: (SENATOR DeLEO) Senator Viverito.

Senator, as much as I respect you and what you’re trying to do, I have been a strong proponent of the Municipal Leagues for many, many years. I have worked with the west and southwest mayors association {sic} (Mayors and Managers Association) and I have had numerous calls on this. And they are deeply concerned and that’s why I asked you to hold it. So I’m going to have to vote No on this issue. And I’m -- I’m sorry about that.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Raoul, what purpose do you seek recognition?

To -- to the bill.

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

I rise in support of the bill. I -- I think the sponsor has done an admirable job of negotiating the bill and -- trying to work with the Municipal League. With regards to the issue raised with regards to the -- having a majority of three physicians agree, as the sponsor indicated, case law and -- and the current status of things would not -- not necessitate that a majority of physicians agree and this would be a codification of that. And - - and it’s important to -- to -- to understand why. You know, having done workers’ compensation litigation myself, you know, you always have the battle of the physicians and every case is a very unique situation. And one physician can bring a -- a unique 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 perspective on a case which -- in which a determination could be made where -- which is inconsistent with the opinion of two other physicians. But that doesn’t mean that a majority of physicians are in the right. So I -- I urge all of my colleagues to support this bill on behalf of the hardworking firefighters.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Righter, for what purpose do you seek recognition?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

Yeah, I think if they’re not immediately put back on payroll, then, yes, they would receive those benefits, or they -- those costs.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

I am unaware.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

I would support this if -- if it passed for firefighters. I would support it for police officers, as well. And in answer to a earlier question, it wouldn’t necessarily be losers being paid. But if -- if they were not immediately returned to work as the 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 bill requires and if it had to go to court, whether they win or lose, their costs would be paid by the municipality.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

I think probably currently that -- that might be the case, but that’s not the intention long-term.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

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

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

I have nothing more to say. I would just encourage a -- a Yes vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 1553 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 39 Ayes, 14 Nays, 2 voting Present. Senate Bill 1553, having received the required constitutional majority, is declared passed. Senator Frerichs, on 1557, sir. Do you wish to proceed on that? He indicates he wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs, on the bill.

Thank you, Mr. President. Thank you, Members of the Senate. This legislation was brought to me by a family who lost a loved one through a tragic and very avoidable -- traffic accident that occurred in my district. A twenty-five-year-old man, Matt Wilhelm, lost his life while riding his bike in Champaign County because a teen driver was so occupied downloading ringtones onto her cell phone that she allowed her car to go onto the shoulder and striking Mr. Wilhelm when he was safely riding on the road. Struck him with the front left side of her car, so far had she gone off the road. This is one of many like incidences that have occurred across the country because young drivers do not understand the dangers posed by distracted driving. The number of drivers faced with distractions is increasing significantly, with the proliferation of cell phones and other handheld devices. Senate Bill 1557 answers the urgent need for new legislation addressing distracted driving among our young drivers by amending the Driver Education Act of the School Code to include this issue. The bill would require high school driver education courses to acknowledge distracted driving as a major traffic safety issue, by adding classroom instruction on distracted driving to their curriculum. This bill passed unanimously in committee. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1557 pass. All 58  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 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? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1557, having received the required constitutional majority, is declared passed. Senator Frerichs, on 1559, sir. I think you’re seeking leave of the Body -- the Senator is requesting leave of the Body to return this Senate Bill 1559 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 1559. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Frerichs, to explain Floor Amendment No. 1, sir.

Sure. This amendment retains the underlying bill and makes a technical change that transfers twenty-five million dollars to the fund a year, instead of the two hundred and fifty million dollar that was originally mistyped.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Seeing no discussion, Senator Frerichs moves the adoption of Floor Amendment No. 1 to Senate Bill 1559. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment is 59  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 adopted. Madam Secretary, has there been any further Floor amendments approved for our consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1559. Senator Frerichs, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill.

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

Thank you, Mr. President. Senate Bill 1559 creates the Illinois Corn Grain to Fuel Research Consortium Assistance Program. This program will provide grants to assist members of the consortium setting aside twenty-five million dollars in each of the fiscal years 2008 through 2012. In ’08 and ’09 seventy percent of the annual grant funds are to be used for ethanol facilities and thirty percent for bio facilities. And I would answer any questions that the Chamber has.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Dahl, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) 60  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 To the bill, sir.

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

Thank you very much, Mr. President. I also think this is something - in a time of rising gas prices and our increasing dependence on -- foreign oil - a step that this country -- this State needs to take a lead on and I would encourage a favorable vote from the Body.

PRESIDING OFFICER: (SENATOR DeLEO) …you. Ladies and Gentlemen, the question is, shall Senate Bill 1559 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, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1559, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading in the middle of page 39 of your Calendar, is Senate Bill 1566. Senator Righter. I believe Senator Righter is going to seek leave of this Body to return this bill to 2nd Reading for the purposes of amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1566. Madam Secretary, has there been any amendments approved for consideration? 61  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, to explain Floor Amendment No. 4, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Is there any discussion? Seeing no discussion, Senator Righter moves the adoption of Floor Amendment No. 4 to Senate Bill 1566. 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?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1566. Senator Righter, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? The lady from Cook County, my mentor, Senator Carol Ronen.

I am -- I’m speechless, Senate President, but thank you very much. I am -- rise in support of this piece of legislation. Senator Righter asked me to work on a -- a piece of legislation dealing with LSD and I said well, of course. Why wouldn’t I want to do that? But seriously, bad jokes aside, this is a really important step we are taking. The bill will help us set up a system that really can identify these terrible disorders at an early stage and save lives. And the Senator has done a wonderful, wonderful job of working on this and dealing with so many different pressures from State departments and different interest groups. And I just want to commend him on his hard work and I look forward to working with him to make this law.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Crotty.

Thank you, Mr. President. And I, too, do rise in support of 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 this legislation. We’ve met quite a few times with Senator Righter on this particular bill, and I think I certainly was educated quite a bit to this particular disease and understanding that there is no cure. But as parents, I think the early detection and trying to get as much help as they can possibly get for their -- their youngster is certainly worth our vote. So, I commend Senator Righter and I look forward to continuing, if I can, working with him as this continues right up to the Governor’s Office for his signature. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Garrett, for what purpose do you rise, ma’am?

To the bill.

PRESIDING OFFICER: (SENATOR DeLEO) …the bill.

I just want to also thank Senator Righter for all the work he did. We had some issues with this in Public Health, being that this particular procedure has not been certified by the FDA at this point. So he has really put a process together that will allow the State of Illinois to afford this and to do it in a way that actually makes sense. And -- and when it’s complete, we will be one of the first states in the country to do it. So I just wanted to let the Body know that we are in full support of it. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Seeing no further discussion, Senator Righter, to close, sir. 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, the question is, shall Senate Bill 1566 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 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1566, having received the -- the required constitutional majority, is declared passed. Senator Noland, on Senate Bill 1576, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.

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

Thank you, Mr. President. Senate Bill 1576 simply amends the Business Corporations Act of 1983 and the Limited Liability Company Act revoking the authority of a foreign corporation or foreign limited liability company to transact business in the State of Illinois when the Secretary of State receives a copy of a memorandum of judgment that there is a money amount owed to a unit of local government or school district, together with a statement filed that the judgment has not been satisfied and that no appeal has been filed. This authorizes the Attorney General 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 to bring an action to restrain a foreign corporation or foreign limited liability company from transacting business in the State if that authority has not been revoked -- excuse me, I’m sorry, if that authority has been revoked under the listed Sections of the Business Corporations Act of -- 1983 and Limited -- Liability Act. This passed unanimously in committee and I know of no opposition.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Noland, to close.

Something wrong with my… I simply ask for an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 1576 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? Madam Secretary, take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1576, having received the required constitutional majority, is declared passed. Senator Susan Garrett, on 1580, ma’am. I believe Senator Garrett is seeking leave of the Body to return Senate Bill 1580 to 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 Senate Bill 1580. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett, on Floor Amendment No. 2, ma’am.

Thank you, Mr. President. Floor Amendment No. 2 deals strictly with some drafting errors of the bill, technical changes.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Seeing no discussion on the amendment, Senator Garrett moves the adoption of Amendment -- Floor Amendment No. 2 to -- to Senate Bill 1580. 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?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now, on the Order of 3rd Reading is Senate Bill 1580. Senator Garrett, do you wish to proceed, ma’am? She indicates she wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett, to the bill, ma’am. 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

Yes. Thank you, Mr. President. Senate Bill 1580 is a recommendation of the Hemophilia Foundation of Illinois. The purpose of this bill is to reinstate the Hemophilia Advisory Review Board as an entity of the Department of Public Health.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any -- Senator Pankau, for what purpose do you rise, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Senator. Ladies and Gentlemen, the question is, shall Senate Bill 1580 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? Madam Secretary, please take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1580, having received the required constitutional majority, is declared passed. Senator Susan Garrett, on 1583, ma’am. Out of the record. Senator Frerichs, on 1587. Senator Burzynski, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski, could you approximately give me the length of time, sir? That order is always in request {sic}. We’d just like to have a timeframe. 69  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

PRESIDING OFFICER: (SENATOR DeLEO) We will return back here at five minutes till one. The Senate will stand in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) Okay. All Members within the sound of my voice will please come to the Senate Floor. We’re about the start Senate Bills 3rd Reading. Senate Bills 3rd Reading. We’re on page 39 of the Calendar. Page 39 of the Calendar. Senate Bills 3rd Reading. Will all Members please report to the Senate Floor immediately? Okay. Ladies and Gentlemen, before we -- Senate will reconvene we will -- we’ll go to page -- the Senate will come to order. Going back to Senate Bills 3rd Reading, page 39 of your Calendar is Senate Bill 1592. Senator Forby. Senator Forby, I believe, seeks leave of the Body to return Senate Bill 1592 to the Order of 2nd Reading for the purposes of an amendment. Is that correct, sir? That is correct. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1592. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 70  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 To -- Senator Forby, to explain your amendment. Senator Forby. Senator Forby, to explain the amendment, sir.

Can you hear me now? Thank you, Mr. President. This amendment deletes the words “fewer than two million” from the bill. Now requires a resident of ComEd included in the rate freeze. A rollback funding will be for the resident customers of any amount of -- from 1-1-07 -- ten days after the effective date of the Act exceeding last year’s rate would become part of the bill. And what this bill is -- consists of is, I had several people from the ComEd district come to me a few weeks ago, said, “Gary, we want ComEd on your bill.” And I said, I don’t -- I said, you know, I didn’t have a -- really a big problem with that, ‘cause Ameren is in my district, and putting ComEd on the bill, they said it would make it a better bill. I’m convinced what they done had that. So, I -- we’ve made a -- passed this out of committee. Now I’m asking for this Amendment No. -- No. 3 to be, and when this is all said and done, I would like to have roll call on this.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Any discussion on the amendment? Senator Righter, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Gentleman has requested a roll call.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Risinger.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Further discussion? Senator Silverstein, for what purpose do you rise, sir?

To the amendment, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) …amendment, sir.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I do support this amendment. The issue of utility prices, -- we’ve been -- we have been dealing this with -- since November. Unfortunately, I don’t believe we’re in any better shape as we are today as we were back then. And I’ve been speaking out on this issue, and I truly think this issue affects every citizen from Cairo to Waukegan. And the question is, how we going to solve the problem? You know, the House sends us a bill over here. We don’t do anything. Now we have an amendment, 72  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 which whether it passes or not - we’ll find out very shortly - but if the amendment fails and the underlying bill does get out of here, more than likely this amendment will be tacked on to the bill and come back here. So what we’re doing here is playing political ping-pong with the citizens of the State of Illinois. Now, we’ve seen over the past several months how our neighbors down in -- south have been hit with high utility bills. Senator John Jones told me a story about one of his constituents which is extremely sad and unbelievable. Now, for us Legislators who live in the northern part of the State, don’t be fooled. If we don’t do anything, this crisis is going to hit us over the summer months. And, what are we going to tell our constituents at that time? Hopefully, we’re out of here by the summer. We have no answers. And, I don’t have an answer. And, we need to solve the problem now. Now, I -- I’m not going to point fingers at anybody and who the blame for this crisis is, because that’s not what we’re here for, we’re here to solve the problem. And I think this is a real crisis through the State. And, we need to get our act together. And, we need to be in negotiations with the House, with the utilities. So, I do support the amendment. I want to thank Senator Forby by putting ComEd on. I’m hoping that before we leave here sometime in May or June or whenever, this issue will be solved. Thank you very much.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator James Clayborne.

Thank you, Mr. President and -- and Members of the Senate, and my -- my good friend, Senator Forby. It’s -- it’s been a long road since January and we’ve made some accomplishments. 73  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Still have a long way to go. And as a result, I -- I do know that the Senate has been proactive in trying to come up with a solution. I believe that everyone who truly understands this issue understands that a rate freeze will not lower anybody’s rates if it is passed. What it will do will, it will get bogged up into litigation. If the utilities are successful, then what happens is that rate goes into effect. If the utilities lose, then there’s a possibility of bankruptcy and at that point in time who buys the power? So as a result of all of that -- as a result of all of the uncertainty, there have been negotiations that have taken place. Through the result of - and I’ll talk about ComEd at this point - through the result of negotiations, where the two utilities have put up money as well as generation companies have put up money and the result of that negotiations - ComEd has put up -- well, ComEd -- the portion that affects ComEd is that there’s eight million dollars for space heat. And what that does is, for those who are in ComEd territory that are at the top -- the twenty-eight percent the all -- all electric, that eight million dollars is supposed to bring them down to the twenty-four percent, consistent with everybody else. Then there’s the summer bill credit for LIHEAP for seniors, that’s 6.1 million dollars. Again, what we do in that area, we raise the level of -- of the criteria from a hundred percent of poverty, to two hundred percent of federal poverty, to again address those concerns that those seniors have. And what that does, again, that -- that is -- that -- that is LIHEAP money, I’m sorry, not for the summer, but that’s LIHEAP money, additionally for those individuals who, after the eight million dollars has been spent, still have a high bill, they can get some additional relief. 74  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Then there’s for the summer, there’s a summer credit of 4.2 million dollars. Again, we raise the -- the -- the LIHEAP -- the criteria for the -- the -- from a hundred and fifty percent to two hundred and fifty percent of poverty to address that category. Then there’s another category still for those people who still have a high bill, there’s High Bill Relief Fund. 5.5 million dollars, again, to address that -- that concern that people have in terms of experiencing higher bills. Then there’s another fund called the Special Hardship Fund. And this is for residential and non-residentials who have -- who can apply who may not have fit in the other two categories, that they can apply for this money. And on the ComEd side that’s five million dollars for residential and non-residential, two million dollars. Then there’s the issue only in the -- the ComEd territory regarding the common areas in -- condominiums. It’s been estimated that to reclassify those back to residential, that there’s four million dollars to classify that back to residential and to put them back in the position with the other -- the other consumers. Then there’s LIHEAP weatherization to help those individuals who, looking forward, would like to have their -- their home a little more efficient. There’s 3.9 million dollars for the ComEd territory. And then there’s other programs in the ComEd territory called customer care. That package, just in the ComEd territory, for -- for this year is 43.7 million dollars. That also includes the ability to carry -- or, to phase in, if you desire, the 7-7-7 over the next three years with no carrying charges. So, if this passes, then these are monies that will be given up. These are monies that will probably not go to -- that will be taken off the table. So, just to inform you all of what 75  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 the risks are. Just to inform you all of -- of what this vote means.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. WAND-TV Channel 17 in Decatur seeking leave to videotape the proceedings. Seeing no objection, leave is granted. Further discussion? The lady from Lake County, Susan Garrett. Senator Garrett.

Thank you, Mr. President. To the amendment.

PRESIDING OFFICER: (SENATOR DeLEO) The amendment, ma’am.

Thank you. Like many of my colleagues, I wanted to look at the whole picture. So I held two hearings, one in Lake County and one in Cook County. The first one in Lake County I invited ComEd, CUB and others. And we had a lively discussion - really, it was ComEd and CUB going back and forth arguing on technicalities. But it was the hearing that I had recently in Cook County where we had - standing room only - condominium residents who are telling us that they weren’t even aware of the fact that their rates in common areas of condominiums had changed from residential to commercial, thus bumping up their rates sometimes a hundred percent. ComEd, to their credit, decided that they would do something about this. And I think my overall goal - and I think yours, too - is to provide some immediate relief for our constituents. And to that point, ComEd has sent us a letter stating that, effective the next bill, for all the condominium owners in the State who have witnessed this reclassification of residential to commercial, they will get an 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 immediate credit on their bill. And then when I asked them what happens when you go ahead and you file for this official change with the ICC, they’ve also put it in the letter - which I have a copy, which I’d be happy to distribute - that they will also cover those credits until they get final approval from the ICC. So, the point I guess I’d like to make is that this isn’t a one- size-fits-all issue, that there really is a difference between Ameren and ComEd. ComEd has opened the door. They have asked us what we need, what our constituents need and they have complied. Is it everything that we want? No. But when you look at it, Ameren has done just the opposite. They’ve closed the door. And so, for us, I think it’s unfair really to equate Ameren and ComEd as one in the same. They are very different. And I hope that when we look at this amendment, we’re not penalizing or punishing ComEd because of the arrogance and insensitivity of Ameren. And I would ask that we vote No.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion on Amendment No. 3. Senator Crotty.

Thank you very much. When first hearing about the rate increase back toward the summertime, I had that knee-jerk reaction of I’ll make sure that we need to extend this freeze. And then I came down to Springfield and I was one of those who sat till 2:35 in the morning listening to the testimony in the hearing in the House. If you recall, this Session I brought a water bill to the Floor of the Senate. And, in caucus when I heard from my downstate colleagues, it reminded me of the same situation that I had in my district - a company that, in fact, 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 didn’t listen to their consumers, certainly didn’t call back the Legislators in trying to work out a -- a situation with their billing. I’ve heard from many of you on both sides of the aisle about another water company that wasn’t treating their consumers like that. And, I continued to work on that bill to make sure that the culprit is really held responsible. And, I really see this Amendment No. 3 being much of the same. We need to recognize those companies that understand us as Legislators, as people who were elected to stand up for our constituents. I’ve never been a huge proponent of ComEd. But in all the discussions that we have had with that company, I would have to say they listened and they worked with us. Ameren, on the other hand, has not. And, they remind me quite a bit of the situation that I had in my district. What happens as we extend another freeze? Ten years ago, I was a newly elected Legislator and I can tell you I probably - ‘cause I don’t remember taking the vote on the freeze - but I probably voted for this freeze, and I thought I was a hero when I went home. And, here, ten years later I think to myself, what could have I been thinking - holding a freeze for ten years. Now, we look at different bills. Freeze for another year. Freeze for three years. We’re still going to be sitting here with the same situation that we’re in today. The idea of having competition is what we should really be looking for. That’s really what we’re here to do. I know that. And my understanding in the many discussions that I’ve had, we have a couple of -- of companies that are looking to come in and compete in the State of Illinois. But, they will not do that if we artificially keep those prices down. So sometimes, and most times, as a Legislator, we really need to look at the facts. My 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Fred and Ethel at home may not have all the information that we do have, but when I go home I’m certainly -- and I’ve already started with Fred and Ethel to make sure that -- to educate them on this very, very confusing situation that we are -- are looking at today. So, in that vein, I hope that all of us remember, we need to really do the right thing in this particular instance. And I would ask for a Yes vote -- a No vote on this amendment. A Yes vote on the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Crotty. Ladies and -- Gentleman, WTTW requests permission to videotape the proceedings. Hearing no objection, leave is granted. Discussion on Floor Amendment No. 3. Senator John Sullivan.

Thank you, Mr. President. I think, without a doubt, this is the most difficult issue that I, and I’m sure that many if not most of my colleagues, have faced since serving in this Body. I do believe -- and it’s -- it’s -- it’s a most difficult issue because it’s probably the most complex issue we’ve ever dealt with. And the time and the energy that it takes to try to understand the -- the complexity of it is -- is enormous. I do believe that we need to have a comprehensive discussion about energy costs in the State of Illinois. Energy is not a local issue. It’s not a State issue. It’s a national issue. The price of energy deals with supply and demand. We have not to this point - and I want to thank my good friend and colleague, Senator Clayborne, for his hard work on putting together a package, he has worked tirelessly to do that - but we still have not had a comprehensive discussion on this issue. We have not 79  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 brought the House, the Senate, Democrat, Republican, the utility companies, the consumer groups to the table and had that discussion as of yet. That needs to happen before we have real competition in the State of Illinois. I don’t know what’s going to happen with this vote we’re about to take, but I’m convinced that if this amendment is not adopted, that that will not allow us to have that discussion. I ask for your support of the amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Schoenberg.

Thank you, Mr. President. I rise in strong support of the amendment. And I do so echoing those sentiments of my colleagues, acknowledging the tireless efforts of Senator Clayborne, who has taken this game into the eighth inning, but I think now needs to hand the ball to the closer. And here’s specifically what I mean. Our primary goal should be to provide the Attorney General with as much leverage as possible to seek the most favorable outcome for the consumers of Illinois. I have great regard for our individual and collective talents in working through some of the most complex issues that we face, such as this one. However, we are inherently limited within this venue because we do not have the detailed, nuanced and proprietary information that’s available if this issue moves out of this venue, where arguably one could say it is a path of lesser resistance, to a different venue. So, therefore - because the Attorney General inherently has more tools to access that proprietary and confidential financial data in order to drive, what we all believe needs to be, the greatest level of relief for 80  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Illinois consumers throughout this State, not just in downstate, not just in the Chicago metropolitan area. Therefore, I believe we should include and vote favorably for Amendment No. 3. This has become an exercise in leverage. There are inherent risks being assumed by all the players and all the actors in this -- in this -- on this stage. In the case of Ameren, none of us forced them to go on an aggressive acquisition program that left them cash poor while they were consuming and scarfing up a monopoly within their market. That’s a decision they made. They found themselves cash poor and no better was it illustrated, not just by their inability to respond effectively to severe -- to severe problems as a result of bad weather, but also as a result of the rate increases which the customers in their area have seen. In the case of the Chicago metropolitan area, I will give credit where credit is due. I remember those days in the summer, the winter, throughout the year, when power outages severely hampered residential and business customers throughout the Chicago metropolitan area. And I give Commonwealth Edison a great deal of credit for investing in the infrastructure necessary to not only ensure that people had more sound and reliable electric service, but that we could all derive the economic benefits as a result of those investments. Having said all that, I believe that at this juncture we are settling for pennies on the dollar, should we exclude Commonwealth Edison from this bill. And, therefore, I commend Senator Forby and I urge an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Majority Leader Senator Halvorson.

81  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Thank you, Mr. President, Members of the Senate. I was one of those Senators that asked Gary Forby -- or Senator Forby to put ComEd on the bill. I felt that was the only way, as we move through this process, that we would get true leverage. After sitting through many of those hours with Senator Clayborne and some of the other Legislators, ComEd came to the table and spent hours and hours answering every single concern that we brought to them. I won’t read the numbers again, because Senator Clayborne did a great job of that. And I know every single one of us in this room have spent many hours on both sides of the issue trying to understand what it is that would be the right thing to do. We all know that the easy way out is just to continue the agony and let someone else worry about it. But with the numbers of the money that ComEd has agreed to give us in true relief now, I feel it would be the most irresponsible thing we could do to continue the agony of doing nothing. I held several hearings and attended many, many meetings where I was able to speak on some of the meetings that I was at with ComEd. And at the end of every single one that I was at, most people were nodding in agreement. They were interested in relief now. They know that, even with a freeze, their bills are not going to go down. We don’t know what would happen. And I think that we should never take the easy way out. We need to be responsible. And depending on each -- how each and every one of you feel, will depend on how the responsible way it is to do this. I believe, through the many hours of negotiation and the many people I’ve listened to, the responsible thing for us to do now is to not add ComEd to this bill, because they have come to the table and given us the relief that our customers need. And it is a shame, and my heart goes 82  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 out to every single person who has Ameren as their -- electric company, because of the things that have happened. So, please, join with me in doing the right thing to do and bear with us as we want to provide relief now and not prolong the agony and just take the easy way out. So, I also encourage a No on the amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Our final Senator seeking recognition to speak on Floor Amendment No. 3, President Jones.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Forby, to close, sir.

Thank -- thank you, Mr. President. I agree. What James Clayborne’s done - he’s done a excellent job. He throwed a bunch of numbers out there in front of you. Can anybody in this room tell me that’s enough numbers? What’s going to happen when the money runs out? What’s going to happen to your senior citizens? What’s going to happen to the people making four hundred dollars -- twelve hundred dollars a month? What’s going to happen then? Have they been truthful to everyone in this room? I’d like to hear that - one hand stick up there and tell me that. ComEd people came to me. If it wasn’t for me putting a freeze on their bill, they would have never got what they asked for. They wouldn’t have got one dime of what they asked for. Now that they got what they want, the hell with Forby. I need your help. I tried to help them. I’m asking for your help to help me. I got people in my district needs help bad. You got people in your district needs help and you will be getting them calls. And there will be robocalls, but not now, it will be election times. And they said there’s been some words about me and President Jones. That is not right. He’s my President and I think the world of him. We got two different districts here. We got a north and the south. People, this -- this is -- this is not right. How can you believe? Think about it. Think about what’s 85  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 going to happen. Have you seen anything in writing? One thing I learned in Springfield, you don’t do nothing, unless you get it in writing. Has anybody studied this? Has anybody looked at it? Are you just going to say -- does lawyers -- when they -- they just take agreements when they go in to do a case? No, they don’t do that. They have court reporters there. They have something to back up on. What do we have to back up on? Where we going to go? What’s going to happen when you get them phone calls? When we run out of money? My bill is a year long, people. They’ve already agreed that they got a long ways to go. They’ve got a long ways to go to get where they’re going. In a year from now, they get it all together, say bring it to us. Here it is people. Read it. Take it home to your people. That’s what I want to do. My people does not believe it. They went too long. If we’d have got this done in January, it’d probably been fine. I’ve always said I was against the freeze. I’m still against the freeze. But I don’t have nothing in writing. What can I go home and show my people? You know, most every Rep in this room that’s -- and in your district voted for the freeze. Talked about Lisa Madigan. They ran her down pretty good today. She’s our Attorney. She thinks a freeze is the right thing to do. The Governor thinks a freeze is the right thing to do. That might hurt me saying that, but that might -- but the Governor thinks the freeze is the right thing to do. People, I mean, this -- I mean, I know it is funny, but it’s serious. When you get the phone calls that I’m getting at home, I’m getting ninety-five percent of my phone calls and don’t believe that you’re not going to start getting some of ‘em. If you think you’re not, you just wait and see. ComEd needs to be 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 on this bill. We need to work together. And if we don’t work together, you’re going to see some big time issues. James Clayborne’s a fantastic friend of mine. He’s done a heck of a job. We went too long without doing something. The people says, enough is enough. Gary, they call me, January and February, what are you doing? What are you doing? We’re in negotiations. We’re in negotiations. We’re trying to work this out. I went to most of the negotiations. I’m a little upset on the negotiations, ‘cause I thought more people should have been involved in the negotiations. You know, ComEd, I can understand where the ComEd people come. You know, several negotiations -- we never had nobody from ComEd in negotiations, when we first started. I mean, every one of us got two hundred thousand people in our district. You have to answer for them. Up till four days ago, I was pulled this way, pulled this way, and pulled. I’ve lost a lot of sleep over this. This is the hardest thing I ever done. I still say the freeze is wrong, but we’re not there yet. You got to take care of your people. That’s what they elected you for. So let’s work together. Let’s keep ComEd in here. Let’s go back to the table. Let’s don’t quit. One year’s not very long. We can work something out. I’m ready to work something out. But let’s do the right thing. Let’s put ComEd back on this bill. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the sponsor of the Floor Amendment No. 3, Senator Forby, has requested a roll call vote on this motion. So, Ladies and Gentlemen, the question is, shall Amendment No. 3 to Senate Bill 1592 be adopted. All those in favor will vote Aye. All those opposed will vote Nay. The 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 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 33 Ayes, 24 Nays. The amendment is adopted. Okay. A motion has been filed by Senator Hendon, voting on the prevailing side to reconsider the vote on Amendment No. 3. The filing of this motion suspends the adoption of Amendment No. 3. As there are no further Floor amendments are approved for consideration, Senator Forby, do you wish to proceed with your bill in its current form, sir? Senator Forby.

I think most of the people knows how I feel in here, talking about the amendment. I’ll tell you one more time, that I’m not for the freeze, I think we ought to have something worked out.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby, just a moment, sir. Senator Righter, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) State your inquiry, sir?

PRESIDING OFFICER: (SENATOR DeLEO) It was just filed with the Clerk. That’s correct, sir.

PRESIDING OFFICER: (SENATOR DeLEO) 88  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 No. Senator, as you know, under Rule 17 {sic} of our Rules, the suspension of the -- amendment automatically occurs when the motion is -- was -- is filed, sir. Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Sure. Senator, would you be so kind to submit your motion in writing, please?

PRESIDING OFFICER: (SENATOR DeLEO) Now, Senator Forby, if you wish to proceed with your bill, sir. Senator Forby. Senator Forby. Senator Righter, are you seeking recognition again, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Prior to your request for a caucus, sir, we just want to finish up one little point here. Senator Forby, do you wish to proceed on your bill? Is there -- Madam Secretary, are there any further amendments to -- approved for consideration, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby, what is your -- do you wish to proceed, sir? The bill goes to 3rd Reading, Madam Secretary.

I want to -- I want to proceed with my motion on the 3rd 89  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Reading.

PRESIDING OFFICER: (SENATOR DeLEO) The -- the -- the bill -- the bill is on the Order of -- 3rd Reading. Madam Secretary, 3rd Reading. Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Yes, it is, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Yes, it is, but… Senator, absolutely. That request has never been refused ever. We’re in the middle of a bill. And I don’t ever recall in this Chamber, in the middle of a -- of a bill, that we broke and asked for a caucus. Now we’d like to finish up this bill and we can -- can -- can -- we’d -- we’d honor your request, sir. Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) I respect…

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, I respect your request. Let me finish the bill and we will honor your request, sir. Senator Forby, the -- the -- the -- the bill is on 3rd Reading. Do you wish to proceed, sir?

Can I have a -- a answer of the Chair? Inquire.

PRESIDING OFFICER: (SENATOR DeLEO) Inquiry of the Chair, sir?

Is my amendment part of this bill now?

PRESIDING OFFICER: (SENATOR DeLEO) No, it is not, sir. Senator Forby.

Don’t you think this is a little ridiculous?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby, if you wish to leave this bill in its present form, we’ll pass and go on to the next bill, sir. If you’d like to call -- proceed with your bill as it is intact, you have that right, sir. So my request for the last time, Mr. -- Senator Forby, would you like to proceed with the bill in its current form, sir, or would you like to hold it on 3rd Reading?

Can -- can I ask you how this bill got to 3rd Reading?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby, are you seeking leave of the Body to return your bill to 2nd Reading? What is the bill sponsor’s request, sir? …the Chair -- what was indicated to the Chair that you 91  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 wanted it moved to 3rd Reading. If you -- the bill sponsor, if you’d like -- if your request, as the bill sponsor, you’d like it to remain on 2nd Reading, that could -- that would be fine, sir. Senator Forby.

I would like to leave this on 2nd Reading for now.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The bill will remain on 2nd Reading. Now… Okay. So… We have a request from Senator Burzynski for a Republican Caucus. Is that correct? Senator Watson, are you still proceeding… Senator -- Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) The -- is your request still in…

PRESIDING OFFICER: (SENATOR DeLEO) Okay. So the Senate Republicans request a caucus in -- in Leader Watson’s Office immediately, for approximately…

PRESIDING OFFICER: (SENATOR DeLEO) Twenty minutes. We will -- the Senate will stand in recess to the call of the Chair. At… And just -- Ladies and Gentlemen, once again, just for clarification -- Ladies and Gentlemen, can I have your attention, please? Madam Secretary, please ensure the sponsor’s request for Senate Bill 1592 is on the Order of 2nd Reading. …Secretary. The Senate will stand in recess to call of 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 the Chair, or 2:15 - the hour of 2:15. Thank you. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) The Senate will come to order. There’s been a request by Illinois Issues, permission to take still pictures. Hearing no objection, leave is granted. State Journal-Register also makes the same request to take still photos. Leave is granted. Okay, Ladies and Gentlemen, continuing on Senate Bills 3rd Reading, on page 39 of your Calendar is… Senator Righter, for what purpose do you seek recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) State your inquiry, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Yes, sir. Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) That motion is not before us at this time, sir. It was…

PRESIDING OFFICER: (SENATOR DeLEO) The motion that you -- the motion that was filed, sir, was a motion in writing that will be put on the Calendar, just like your motion in writing. That’s not before us right now, sir. We’re on Senate Bills 3rd Reading. Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) We’ll get -- we’ll get back with you in a little bit on that, sir. Senator Forby, on Senate Bill 1592, sir. Senator Forby.

Can -- can I move it to 3rd Reading?

PRESIDING OFFICER: (SENATOR DeLEO) You may, sir. 3rd Reading. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby, on Senate Bill 1592, sir.

This has been some day. I -- I guess if I live to a hundred years old, I never will forget this day. And here’s one for the team. This bill now, I guess, has not got ComEd on it, which I went over and aboard for the ComEd people so they could get what they want. And we all know where this bill’s going to go. Very, very simple - we know where it’s going to go, every one of us in 94  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 this room. Nobody has to say anything, where this bill’s going to go and what it’s going to do. We all know it. When this bill passes out of here, what happens? Everybody in this room knows what’s happened. It goes over to the House. ComEd is put on it. Comes back here and it’s dead in Rules. Dead in Rules. Can I get much plainer than that? ’07, ’07 - what a year. What a year. People, I ask for your vote on this Ameren bill…

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator.

No matter what -- no matter what happens, I would appreciate the people that did vote with me on this, because I think they know the issues that I’m going through. You know, one thing as a Legislator you do, and I’ve been pulled back and forth the last thirty days, you got to take care of your people. And, you -- a lot of people ain’t been hit with a hundred percent, two hundred percent, three hundred percent. I mean, we got senior citizens every place in the State of Illinois. Does anybody care about our seniors? Does anybody care that that person makes four hundred dollars, twelve hundred dollars a month? Does anybody care about them? I came up the hard way, Ladies and Gentlemen. I never had nothing ever gave to me. I know what it’s like. I never had a silver spoon. I understand what them poor people are going through. And our kids - what about our kids in a house? You have to turn the heat down to forty degrees. This is not fair, Ladies and Gentlemen. I’m going to tell you, right now. This is not fair. This is going to come back. This is not going to go away. And I feel for some people. This is wrong. I ask for an Aye vote. Thank you. 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Further discussion? Senator Watson.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Jacobs, further discussion, sir. 97  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

Thank you, Mr. President. I rise in strong support of Senator Forby’s bill. You know, it’s always darkest before the dawn. We don’t always get what we want in this Body. But, I, for one - to my colleagues across the aisle - am a little tired of judging what the leadership in the other House is going to do with our bills. You know, the problem isn’t Senator Emil Jones; the problem is Speaker Mike Madigan. If Mike Madigan can’t make a decision, then he ought to get out of the way and let Gary Forby run his bill. But, what we’re doing now is placating what the Speaker’s going to do. I don’t care what the Speaker’s going to do. The fact is for twenty-two years that man’s been running this place. Times have changed. They’re changing. Now, I’m going to get in a lot of trouble for speaking my mind, but I don’t care, because somebody needs to say it. This is a -- this is a Body that’s run by Senator Emil Jones, the House is run by Speaker Mike Madigan, the Governor’s Office is -- is run by Rod Blagojevich. The three -- and Jimmy DeLeo -- the three men ought to get together -- the three men ought to get together - and maybe that’s part of the problem is there ought to be a woman in there too - but they need to get together and figure out where this State is going, because if the leadership in this State doesn’t have the courage to run it, then the Membership will. And, Gary Forby, I want you to know the people in your district should be very proud of you and respect you for what you’ve done. You’ve worked very hard to solve their problems. Now, I don’t think you have single Ameren customer in your district -- or excuse me -- a single Commonwealth Edison customer in your district. I don’t know what makes you feel that you’re 98  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 responsible for ComEd, when your district is Ameren. I salute you for what you’ve done and I would encourage people in your district to get on their telephones and call the Speaker of the Illinois House, because that’s where your problem is, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator John Jones.

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

PRESIDING OFFICER: (SENATOR DeLEO) …Senator. WCIA Channel 3 here in Springfield is asking leave to videotape the proceedings. Seeing no objection, leave is granted. Majority Leader Halvorson, for further discussion, ma’am.

Thank you, Mr. President, Members of the Senate. You know, there’s been a lot of discussion today and presumptions of what’s going to happen to this bill once it goes over to the House. I think we need to make sure that people understand the necessity and what’s happened to the Ameren customers. That once it goes over to the House we should not allow this bill to be kept, held hostage. That the Speaker needs to understand and everybody should be calling the Speaker to make sure he knows that this bill needs to be called, because Gary Forby, our great Senator in southern Illinois, has worked so hard for the people of his district. We have to make sure that this bill is heard over in 101  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 the House and should never be held hostage. With respect to the meetings and not being invited, I invited myself into those meetings. They were open. I don’t think Senator Clayborne told anybody they could not attend. And as we went in there and it grew and more people were there, we added our two cents worth. And I knew somebody had to be in there, a Senator who had ComEd in their region and that’s why I went. But right now, we have a bill at hand that addresses a very, very important issue and its Ameren customers and what’s happened to them. It needs to be passed over to the House and it needs to be called in the House as is. Let’s not be presumptuous thinking that it’s going to come back a different way. Let’s just hope for the best and make sure that it’s called over there the way it is, so that Ameren customers can get the need -- the relief that they need. So, I encourage everybody to not only pass this over to the House, but when it gets over there, to hold the Speaker’s feet to the fire to make sure that the Ameren bill is called the way it needs to be.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Dillard.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator -- Dillard. Continuing on discussion on Senate Bill 1592, Senator Lauzen.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen, may I interrupt please? Under the rules that govern this Body, remarks on debate must be confined to the issue, the pending question on the bill, the merits of the bill. So please keep your remarks confined to the four corners of Senate Bill 1592, sir. Thank you. Senator Lauzen.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Silverstein, for further discussion, sir.

I’ll make it extremely brief. Thank you, Mr. President. Senator Forby, thank you very, very much for putting on the amendment adding on ComEd. It’s unfortunate, what happened today. You can go back home with your head up high, ‘cause I’m sure this bill is going to get out of here. However, I’m very displeased with the shenanigans that went on today. You were -- we were out-maneuvered. And, yes, some people might have won the battle today, but I think a war is going to continue on…

PRESIDING OFFICER: (SENATOR DeLEO) Senator Silverstein, let me just -- let me just remind you, like I did Senator Lauzen, to the debate on the bill, the merits. You’ll debate the merits on the bill, sir. Senator Luechtefeld, for further discussion, sir?

PRESIDING OFFICER: (SENATOR DeLEO) …you, Senator. Further discussion? Senator Koehler.

Thank you, Mr. President, Members of the Senate. It’s tough for me to enter this discussion at this -- this point, because I think we’re talking about the wrong thing. And I’m going to try to change the tone of this a little bit, because, so far, what we’ve had is a political discussion about whether we should add ComEd or whether we should, you know, send this over to the House in one way or another. And I want to try to bring us back to really the -- what I think is the central issue and that is should we pass a freeze bill or not? And, so, if you’d just, you know, give me the -- the courtesy of -- of hearing my argument out, let me just state why I think that passing a freeze bill at all - whether you have ComEd on it or not - is really not the right thing. And, Senator Luechtefeld does it -- it -- it -- is 106  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 a little bit on just what you said. First all, there is a misnomer that if we pass a freeze bill - if both houses would pass and the Governor would sign it - they would roll rates back to 2006 rates. I don’t think that’s true. The folks that I’ve talked about have indicated that what that’ll do is really send it to federal court. And the courts will decide on what happens with this. And we lose complete control of it, don’t we? And I think we’ve all gotten caught up in this, because -- and there was a -- Senator Risinger knows this - I made a statement a few weeks ago. And, I said, “I’m not going to be supporting the freeze.” And my picture was on the front page of the Journal Star saying, Koehler, you know, backs off the freeze. And I got all kinds of calls. And it’s -- and -- and I talked to everyone of them. I said, “Let me explain my perspective on this; that there really is no freeze, that a freeze is not going to give you any kind of return very soon.” This is why I think that there’s another strategy out there. See we passed - not we, I was not here - but what was passed in 1997 was deregulation. Now, I think that was a mistake, we should have had continued regulation, but, nonetheless, that’s hindsight. So, we pass a deregulation bill in 1997 and then we have yet in 19 -- in 2007, have yet to have a free market where we allow competition in. Now, what kind of deregulation process is that? My wife and I just recently started a business in Peoria. And I just signed up with the Illinois Commodity -- Aggregation Association to buy electricity for our business through this cooperative approach. And this is very similar to how the twenty-eight members of the Illinois Cooperatives buy electricity. Do you-all have this publication that was given to you? There are -- there are 107  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 twenty-eight cooperatives in Illinois where you can buy power from some other source. I signed up for this. Our business is going to buy electricity from other -- another source other than Ameren. And, I said, “Well, I’d like to also sign up, residentially, for this.” And they said, “Well, we’re not going to do that.” And I said, “Why not?” And they said, “Well, because we don’t know what the environment is going to be like in Illinois because we don’t know where the freeze bill is going.” And, so, we deregulate electricity in 1997 and we have yet to have a free market where we have choice. That’s the issue, not whether ComEd is on a freeze bill or not. And, I say it’s about time that we allow what we initially intended to -- to work, because we -- we play this game like -- like Ameren and ComEd is the only place to buy electricity. Well, the City of Springfield has -- has been immune to this whole discussion, because they have their own generating plant. And excuse me, but I’m going to vote No on this, because a freeze is not the right thing. I want choice where I buy electricity. And, right now, I don’t have that choice.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator James Clayborne.

Thank -- thank you, Mr. President. My name has been mentioned throughout. I -- I don’t know where to start, because I -- I believe that back in January - even prior to January, when this issue wasn’t resolved last year - I went to the President and asked the President if I could have meetings, if I could sit down and discuss this issue with the utilities, bring the 108  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 consumer advocates in, all those who were interested. Yet, I hear today that people felt they weren’t a part. That truly bothers me, because I made everybody a part that wanted to be a part of the process. I went out and I traveled to other communities to make people a part and try to resolve this issue. Yet, I hear people saying they -- they weren’t a part. There was a point in our discussions trying to resolve this issue when all the consumer groups walked away and would not come up with a solution. And, if -- I was very disappointed in the fact that they -- they walked away. And at that point in time, I was left with the fact that I had the desire to move forward. And I began to talk to the utilities, I began to talk to the generation companies, and I called them in. I threatened taxes. I threatened everything that I could, to come up with a solution. And nothing that we do here in this Body that - I’ve been here for twelve years - has been perfect, because there’s always compromise. And as a result of the compromise, as a result of what I came up with, not at one time - people knew I was negotiating - not at one time that those individuals, who I heard say today that they weren’t a part, call me and say, can I come to the meetings? Now, this is what we came up with for Ameren. The first point or the first premise to resolve this problem was the people who were complaining of all electric. So the first thing we wanted to do was to bring them down to the same level as the -- as the people who heat with gas. Fifty-five million dollars we were told would bring them down to the level of everyone else. Now, this is real money. This is predictable. LIHEAP, again, as I discussed earlier, would be increased to the -- the criteria will be increased from a hundred and fifty to two 109  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 hundred percent of poverty, three million dollars for that. Again, that addresses the poor, low-income. Summer bill credit for seniors: 2.2 million dollars to give them some assurance during the summer that we will assist them. High bill relief fund: 2.8 million dollars, again, for those individuals who may not have qualified for LIHEAP, but still have a high bill, relief fund. And then there’s a special hardship fund for -- again for residential, at three million, nonresidential, five million and LIHEAP space heating, for 1.9 million for a total of 7.2 million dollars. Because they go out again next year, there’s -- for -- for to buy the power, we left thirty-five million dollars open for next year - just in case, if there was a problem. This is real money. Now, when you plug these numbers in - and this is an actual bill from the old usage rates - the person, moving forward, paid one thousand one hundred and twelve dollars and ninety cents in a twelve-month period. Under this bill, they -- if they paid -- made their payments and they qualify for everything, the difference is - from those old rates - to the current rates - with the -- with these numbers plugged in, they would pay almost -- just over a hundred and twenty-six dollars more for the next year. I’ve never said that this would solve the problem. I said that the calls that I was receiving -- would give immediate relief to those individuals. I don’t know what’s going to happen with the rate freeze. I don’t know the scenarios. And nobody’s discussed that, other than Senator Koehler. I don’t know that if they go to federal court if the companies, utilities win then the rates are froze -- I mean then -- then there’s a permanent injunction entered and the rates stay high and there’s no reason, no incentive for the companies to 110  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 come to the table. If they lose in federal court and we’re required to give them a refund, because not only does this bill talk about a one-year freeze, it says until there’s competition. So, history has shown us -- history has shown us that when we keep rates low, competition will not come in. So even if the companies lose, do they go into bankruptcy? Who buys the power? Is that something that we truly, truly want to get into, or do we want to try to provide immediate relief? Now, what has happened is we’ve set the bar so high that, unfortunately, the people back home believe that the only solution is a rate freeze. And I’m telling you today that we have real money, real money that we can put on people’s bills. And, in the bill that I talked about, that individual will receive almost eight hundred dollars in credits going back to their bill. I say to you all that we really need to do the right thing and we really need to stop playing politics and we really need to try to give our people true relief.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further debate? Senator Risinger.

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

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

Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. To the bill: Like thirty-three of my colleagues, at least, I would have preferred Commonwealth Edison to be on this bill. And being a former parliamentarian of a local government entity, I understand the power of the Chair; however, 113  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 it certainly is disheartening the way this was done to keep ComEd off the bill. However, that being said, to be fair, ComEd was allowed to be put on the bill for negotiating purposes. Indeed, this bill was let out of Rules, with the consent of our distinguished President, for negotiating purposes. And Senator Clayborne was commissioned to lead those negotiations. And I join him in saying, I thought everyone was involved who wished to be involved. However, the negotiations did bear fruit, as Senator Risinger, I think, did admit somewhat, they bore fruit. And, it would be better, of course, for Senator Forby to have Commonwealth Edison on the bill. But that’s really up to the other Chamber, whether it goes out with or without Commonwealth Edison on the bill. And, now, we have -- we are at the juncture of voting for a freeze, with all that that entails. And we’ve heard Senator Koehler’s eloquent remarks against the freeze. I, like so many others here, am bowing to the wishes of my constituents to vote for the freeze. And there’s a bit of history here, in that, as Senator Forby pointed out quite well, the -- the Governor’s for the freeze, the Lieutenant Governor’s for the freeze, the Attorney General’s for the freeze, CUB is for the freeze, AARP is for the freeze, almost the entire House is for the freeze. So to use the old saw, if we’re so smart, why ain’t we rich? And I don’t have time to explain the intricacies of the freeze versus the free market to each and every one of my constituents, most of whom are angry at Ameren, as many of them will be, as is predicted, at Commonwealth Edison. They are angry at the lack of clear information about what would happen to them when the freeze ended. I will remind my constituents and this Body that this Chamber voted for a fourteen-percent cap for three 114  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 years, without interest, in December. And it was given to the House Clerk in December, and could have been either voted up or down or amended and sent back. The freeze was not voted on until January. So we took a substantive step, which would have been far preferable to the situation we have now, in December. And that bill was the President’s bill, and I supported it. We a had strong bipartisan majority in favor of that bill and that bill went -- by the boards because again people were informed that the freeze was the only answer. Where does the bill go from here? I don’t know. It’ll go out of here and it will go to the other Chamber and, again, that is up to the -- the -- the other Chamber and the leadership of that Chamber. If it goes out, it goes to his Excellency the Governor. Now my -- my final point here is this, that Ameren and Commonwealth Edison came to the table and made substantive offers. Irrespective of the vote on this bill, they should fulfill those offers. The idea that they’re going to say this thing is still in play and we’re not going to put the money on the table for the consumer, in my opinion, will further damage their very tarnished and tattered credibility. They’re going to have to sua sponte on their own motion. Get with the generators and keep this money on the table. And put these credits in the mailbox, rather than a cut-off notice next week. That’s what we’re going to have to -- to see or we’re going to be visiting this every week until the -- till we end this Session in June, July or whenever the hell it is. The -- the utilities are going to have to fulfill this bargain even with this bill in play, and that’s what I’m asking them to do for the sake of the common good and for the sake of their own tattered reputation. Their redemption should be by their own hand, if they’re going to 115  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 come to this Body and argue the free market and -- and how we should have competition and all those good things, they should have already given their consumers what they put on James Clayborne’s desk. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Haine. Our last person seeking recognition on this matter, President Jones.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, President Jones. Senator Forby, to close, sir.

Thank you, Mr. President. What if I was to say I had some property in Florida for sale, I don’t have a deed for it? Maybe this would be the place to sell it. You know, somebody said I was in negotiations. I was in negotiations. I tried to hit every one I could. I didn’t get all of ‘em. The reason why, I’m not satisfied for my district, what they got. Small business. Let’s talk about some figures. Let’s talk about small business. My small businesses -- I don’t have no big factories in my 118  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 district. Small business - went up a hundred and some-odd percent. They said, “We’re going to do you a favor, Gary. We’re going to drop it down. We’re only going to charge them fifty percent.” Small business, paid two thousand dollars a year light bill, paying three thousand, thirty-five hundred now, that’s got five or six people working. So, what about them? No, I wasn’t satisfied with that. Some people said I was in negotiations. Yes, I was. I am not satisfied with what’s on the table. And I think it should be better. And I’ve always said, every time, to the news people or anybody else in this room, I never was for a freeze. I think the freeze is the wrong thing. I -- I’ve heard some stuff in this room. I don’t know how anybody else got up here, but the people in my district voted for me. I don’t know how anybody else got in this room up here today. I’m going to tell you how I got here. The people made a check mark for Gary Forby. That’s who I work for. Maybe some of the people don’t work for the people in their district. I still work for my people in my district. I’m doing what my people said. Another thing, before I get ready to close. Have we ever passed a bill without a bill? Have we ever voted on a bill in this place without a bill? Have we ever done that? I kind of think that’s what’s happening today. I want to thank everybody. I appreciate what you’ve done. Appreciate listening to me. I ask for an Aye vote. My district needs this. We need help. Thank you very much.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 1592 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? 119  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 35 Ayes, 20 Nays, 0 voting Present. Senate Bill 1592, having received the required constitutional majority, is declared passed. Okay. Ladies and Gentlemen, we will turn our Calendars continuing on 3rd Readings. We will go to page 41 of your Calendar. In the middle of page 41 is House Bills 3rd Reading. House Bill 719. Senator James Clayborne. Senator James Clayborne, do you wish to proceed on this bill, sir? He indicates he wishes to proceed. Madam Secretary, read the bill.

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

Thank -- thank you, Mr. -- Mr. President. Basically, Senate Bill 719 does many things.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

There are two amendments. I’m sorry. Two amendments.

PRESIDING OFFICER: (SENATOR DeLEO) The -- the amendments were…

But we’ve adopted…

PRESIDING OFFICER: (SENATOR DeLEO) We adopted yesterday, sir. 120  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

I’m sorry. I’m sorry.

PRESIDING OFFICER: (SENATOR DeLEO) The amendments on the bill were on House Bill 3rd Reading, sir. Final passage. To the bill.

Thank -- thank you. I’m sorry. A little excited about this bill, since people are getting shut-off notices. And that’s -- one -- one of the things this bill does is, it -- it delays the utilities from shutting off residential customers for nonpayment until September 1st of 2007. It also provides that utilities must respect any franchise, contract, written agreement, mutual agreement or municipal ordinance that governs tree-trimming. And it requires that the public utilities also come up with a -- or file with the Illinois Commerce Commission, a vegetation management schedule for the utility service areas that is no more than four years in duration, compensate customers affected by an interruption for four hours or more for actual damages in the event that more than .08 percent of the customers of a utility are subject to continuous power interruptions of four hours or more that result in transmission of power and less than fifty percent of the standard voltage or that results in a total loss of power transmission and they will pay penalties should they fail to honor this amended -- this -- this Act.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall House Bill 719 pass. Is there any discussion? I’m sorry. Sorry, Senator. Senator Risinger, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

No -- no, I don’t. I don’t.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Yes, Senator. But what this does is this really forces the utilities to look at their manpower and make sure that they have sufficient manpower where individuals won’t be -- won’t have 122  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007 their power out more than four hours.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Rutherford.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Clayborne, to close, sir.

Very briefly, I -- I -- I know there was a discussion about people not paying their power. Unfortunately, whenever you do something, there are those individuals that will fall within the gaps. This is designed to help those people who have not been able to afford to pay their bill, but they are paying something, because they’re receiving layoff {sic} notices, we don’t want them to be shut off. So I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall House Bill 719 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, 1 voting Nay, 1 voting -- 0 voting Present. House Bill 719, having received the required constitutional majority, is declared passed. Madam Secretary, Messages from the House, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Halvorson moves to suspend the rules for the purpose of immediate consideration and the adoption of House Joint Resolution 50. Those in favor will say Aye. Those opposed will say Nay. The Ayes have it, and the rules are suspended. Senator Halvorson moves for the adoption of House Joint Resolution 50. All those in favor, say Aye. All those opposed will say Nay. The Ayes have it, and the resolution is adopted. Madam Secretary, Resolutions, please.

PRESIDING OFFICER: (SENATOR DeLEO) …Secretary, let those be added to today’s Resolutions Consent Calendar. Thank you. Madam Secretary, any additional Messages? We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, has there been any objections -- filed for any -- to any resolution on the Consent Calendar? 125  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 29th Legislative Day 4/20/2007

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing no discussion, shall the -- the question is, shall the -- resolutions on the Consent Calendar be adopted. Those in favor will say Aye. Those opposed will say Nay. The Ayes have it. The motion carries, and the resolutions are adopted. Madam Secretary, Messages.

PRESIDING OFFICER: (SENATOR DeLEO) Mr. Secretary, House Bills 1st Reading, please.

PRESIDING OFFICER: (SENATOR DeLEO) …Secretary, the motions that were filed today while we were in Session will be printed on the Calendar. Is that correct, Madam Secretary? That is correct. Thank you so much. Ladies and Gentlemen, pursuant to House Joint Resolution 50, the Senate stands adjourned until the hour of 12 noon on Tuesday, April 24th, the year 2007. The -- Senate stands adjourned. 139