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 our guests in the galleries please rise? The invocation today will be given by Father Marcel Kaberwa, St. Rose Catholic Church in Rushville, Illinois. Father.
(Prayer by Father Marcel Kaberwa)
PRESIDING OFFICER: (SENATOR DeLEO) Please remain standing for the Pledge of Allegiance. Senator Maloney, to lead in the Pledge.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Reading and Approval of the Journal, please.
Senate Journal of Tuesday, May 1st, 2007.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.
Mr. President, I move the Journal just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Jacobs moves to approve 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 34th Legislative Day 5/2/2007 Senate Resolution 162, offered by Senator Watson and all Members. It’s a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Resolutions Consent Calendar. Madam Secretary, Messages, please.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 377, together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 1 to Senate Bill 377 and House Amendment No. 4 to Senate Bill 377. Passed the House, as amended, May 1st, 2007. Mark Mahoney, Clerk of the House. Have another -- a further Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 282. We’ve received like Messages on House Bills 403, 617, 1050, 1071, 1335, 1496, 1560, 1641, 1797, 1877, 2106, 2241, 2734, 2820, 2859, 2920, 3382, 3441 and 3671. All passed the House, May 1st, 2007. Mark Mahoney, Clerk of the 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 House.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Committee Reports, please.
Senator Crotty, Chairperson of the Committee on Local Government, reports House Bills 310, 987, 1031, 1041 and 1391 Do Pass. Senator Garrett, Chairperson of the Committee on Public Health, reports House Bills 425, 1066, 1239 and 1257 Do Pass; House Bills 1058 and 1611 Do Pass, as Amended; and Senate Amendment No. 1 to Senate Bill 1007 recommend Do Adopt. Senator Cullerton, Co-Chairperson, and Senator Dillard, Co- Chairperson of the Committee on Judiciary-Civil Law, reports House Bills 29 and 1146 Do Pass. Senator Munoz, Chairperson of the Committee on Transportation, reports House Bills 333, 518, 566, 624, 841, 1554, 1756 and 3132 Do Pass. Senator Wilhelmi, Chairperson of the Committee on Judiciary- Criminal Law, reports House Bills 132, 236, 270, 335, 427, 615 and 1076 Do Pass; and House Bill 508 Do Pass, as Amended. Senator Raoul, Chairperson of the Committee on Pensions and Investments, reports House Bills 49 and 857 Do Pass. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports House Bills 375, 463, 516 and -- I’m sorry, 1292 and 1654 Do Pass. Senator Meeks, Chairperson of the Committee on Human Services, reports House Bills 809, 892, 979 and 1009 Do Pass; and House Bill 625 Do Pass, as Amended.
PRESIDING OFFICER: (SENATOR DeLEO) 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Madam Secretary, Introduction of Bills, please.
Senate Bill 1841, offered by Senator Brady and other Members. (Secretary reads title of bill) Senate Bill 1842, offered by Senator -- Bomke and other Members. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DeLEO) House Bills 1st Reading, Madam Secretary.
House Bill 274, offered by Senator Sandoval {sic} (Link). (Secretary reads title of bill) House Bill 282, offered by Senator Haine. (Secretary reads title of bill) House Bill 403, offered by Senator Wilhelmi. (Secretary reads title of bill) House Bill 617, offered by Senator Clayborne. (Secretary reads title of bill) House Bill 1050, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 1071, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 1231, offered by Senator Martinez. (Secretary reads title of bill) House Bill 1281, offered -- offered by Senator Sullivan. (Secretary reads title of bill) House Bill 1303, offered by Senator Haine. 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 (Secretary reads title of bill) House Bill 1319, offered by Senator Harmon. (Secretary reads title of bill) House Bill 1539, offered by Senator Crotty. (Secretary reads title of bill) House Bill 1560, offered by Senator Link. (Secretary reads title of bill) House Bill 1628, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 1641, offered by Senator Munoz. (Secretary reads title of bill) House Bill 1875, offered by Senator Rutherford. (Secretary reads title of bill) House Bill 1877, offered by Senator Garrett. (Secretary reads title of bill) House Bill 1911, offered by Senator Harmon. (Secretary reads title of bill) House Bill 2044, offered by Senator Halvorson. (Secretary reads title of bill) House Bill 2106, offered by Senator Demuzio. (Secretary reads title of bill) House Bill 2242, offered by Senator Jacobs. (Secretary reads title of bill) House Bill 2734, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 3382, offered by Senator Wilhelmi. (Secretary reads title of bill) House Bill 3441, offered by Senator Sieben. (Secretary reads title of bill) 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 House Bill 3638, offered by Senator Noland. (Secretary reads title of bill) And House Bill 3671, offered by Senator Hunter. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DeLEO) For the purposes of an announcement - for the purpose of announcement: Would all Members of the Rules Committee please report to the President’s Anteroom immediately? The Rules Committee will meet immediately. Thank you. Senator Sullivan, for what purpose you seek recognition, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Thank you. To my colleagues, I’d like to introduce a -- a couple people that are here with me today. Father Marcel is the parish priest in -- at St. Rose Catholic Church in Rushville. He gave our prayer this morning. He is my -- parish priest. He is from East Africa - Tanzania, on a two-year sabbatical here in the United States. And I’d like everybody to welcome him here to Springfield, and also his personal escort today is my wife, Joan. She is here as well.
PRESIDING OFFICER: (SENATOR DeLEO) Welcome to the Illinois State Senate, and thank you, Pastor. Senator Rutherford, for what purpose you seeking recognition, sir?
6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Mr. President, thank you. For the purpose of introduction, if I may, please.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.
Thank you, Mr. President. I’d like the Ladies and Gentlemen of the Illinois State Senate to welcome a guest with us here today. His name is Mr. David Zimmerman. He is a member of the County Board in Tazewell County, which is a part of my Senate district, and I’d ask the Members of the Senate to please welcome David Zimmerman.
PRESIDING OFFICER: (SENATOR DeLEO) Welcome to the Illinois State Senate. Welcome to Springfield on this very busy day. Senator Kotowski, for what purpose you seeking recognition, sir?
Thank you, Mr. President. That’s a lovely tie.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Few -- two more payments.
Thank you. Ladies and Gentlemen of the Senate, I’d like to take this opportunity to introduce a couple of very good friends that I’ve known for some time. Willie and Tracey Hogan are here today. They’re both educators. They’re terrific people. They’re wonderful friends. I’ve known Willie since I was a little boy and he’s a -- he's a great guy and he’s done a lot of great work for people - as well as his wife. Please welcome them to Springfield.
PRESIDING OFFICER: (SENATOR DeLEO) 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Would our guests in the gallery please rise and be recognized? And welcome to the Illinois State Senate. …Luechtefeld, for what purpose you seeking recognition, sir?
Thank you, Mr. President and Members of the Senate. With me today, I have a young lady from Trico High School, who is going to be a Page today. Would like you to welcome her, Lari Dierks, please. Lari.
PRESIDING OFFICER: (SENATOR DeLEO) Welcome to the Illinois State Senate. The larger tippers are on this side. Senator Althoff, for what purpose you seeking recognition, ma’am?
Thank you, Mr. President. For purpose of an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement.
Thank you. I have with me today two Pages. Ben Shillmoeller is a junior at Jacobs High School in Algonquin, where’s he’s very active in the drama department. He lives in West Dundee and is joined today in the gallery by his mother, Et, and his sister, Leah. Can we welcome them to Springfield?
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests please rise and be recognized? Please stand up.
And in addition to Ben, I also have Paige Robinson, who is a sixth grader at Washington Middle School in Aurora. Her favorite subject is math and she’s joined by her dad, Mark, in the 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 gallery. And again, might we welcome them to Springfield, please?
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests please rise and be recognized? And welcome to the Illinois State Senate. Senator Althoff, these are two very important Pages today. One’s studying drama. Welcome. And the other one’s studying math. We need a lot of help in math, so you’re a very welcome addition today. Thank you. Senator Frerichs, what purpose you seeking recognition, sir?
Mr. President, I seek -- rise for a point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Point of personal privilege. Please state your point.
We are joined here today in Springfield by a class from Judah Christian High School in Champaign, Illinois. And I was wondering -- was hoping that we could join in welcoming them to Springfield.
PRESIDING OFFICER: (SENATOR DeLEO) Please rise and be recognized. Welcome to the Illinois State Senate. Welcome to Springfield. Senator Harmon. Good morning, sir.
Good morning, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) What purpose do you seek recognition, sir?
A point of personal privilege, Mr. President. 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Thank you, Mr. President. We’re joined in the Senate today by a group of students from St. Beatrice School in my district. They’re sitting behind me up here. They were on me -- on the Senate Floor with me earlier. They’re a delightful bunch of kids with a bunch of great questions. I’d ask you to join me in welcoming them to the Senate.
PRESIDING OFFICER: (SENATOR DeLEO) Would our children from St. Beatrice please rise and be recognized? Senator Demuzio. Good morning, ma’am.
Good morning. How are you?
PRESIDING OFFICER: (SENATOR DeLEO) Thank you.
Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) For what purpose are you seeking recognition, ma’am?
For the purpose of an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement.
I would like to remind all the Members of the Chamber tonight -- today that the Abraham Lincoln Bicentennial Commission reception is this evening. And as many of you are members of the caucus, I would like to remind you that that reception will be at 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 the museum this evening at 6 p.m., and to show our support for the bicentennial celebration and to the Historic Preservation Caucus. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) …you, Senator. Madam Secretary, Committee Reports.
Senator Halvorson, Chairperson -- Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Executive Committee - Committee Amendment No. 1 to House Bill 574, Committee Amendment No. 1 to House Bill 1545 and Committee Amendment No. 1 to Senate Joint Resolution 50; refer to Financial Institutions Committee - Committee Amendment No. 1 to House Bill 497; refer to Licensed Activities Committee - Committee Amendment No. 1 to House Bill 1423 and Committee Amendment No. 1 to House Bill 1947; refer to Revenue Committee - Committee Amendment No. 1 to House Bill 1921; and refer to State Government and Veterans Affairs Committee - Committee Amendment No. 1 to House Bill 743 and Committee Amendment No. 1 to House Bill 1074. Senator Debbie Halvorson, Chairman. May 2nd, 2007.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, for what purpose you seek recognition, sir?
Purposes of announcement, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) State your announcement, sir.
Thank you, Mr. President. The Senate Republicans would request an immediate caucus in Senator Watson’s Office and would 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 request one hour, please.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Delgado, for what purpose you seek recognition, sir?
Yes. Thank you, Mr. President and Members of the Senate. Actually, I just want to take this opportunity to welcome from the Chicago area - from my office - Noel Bonilla, along with his wife, Cybrina Bonilla, who’s my assistant in Chicago, and a nice round of applause for also a young lady who started with us here in the Capitol, Jacqueline Killingbeck. Just want to give them a nice round of applause and welcome them to the Capitol, as the first time for Noel and Cybrina here in Springfield.
PRESIDING OFFICER: (SENATOR DeLEO) Would -- would our guests please stand and be recognized? And welcome to the Illinois State Senate. Thank you for doing such a great job. Senator Althoff, for what purpose you seek recognition, ma’am?
Again, thank you for your indulgence. For purpose of recognition and announcement.
PRESIDING OFFICER: (SENATOR DeLEO) State you announcement, ma’am.
I think this Body knows that yesterday we acknowledged the park districts and park associations here in Springfield and I have with me not only the executive director, but members of the board of the Cary Park District. And I’d like them to be welcomed to Springfield, please. 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
PRESIDING OFFICER: (SENATOR DeLEO) Welcome to the Illinois State Senate. Welcome to Springfield. Okay. Ladies and Gentlemen, there’s been a request by Senator Righter for a Republican Caucus immediately in Leader Watson’s Office. The Senate will stand… Senate will stand in recess to the call of the Chair. We’ll be reconvening at the hour of 12 noon. We will be going immediately to 3rd Readings, final passage. 3rd Readings. The Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Will all Senators under the sound of my voice please come to the Senate Floor? Will all Senators under the sound of my voice please come to the Senate Floor? We’re about to go to 3rd Readings. Will all administrative assistants please bring your Senator to the Senate Floor? Will all Senators under the sound of my voice please come to the Senate Floor? We’re going to start on page 4 of your Senate Calendar. If you have bills on 3rd Reading, you need to be on the Senate Floor. We’re going to move forward with or without you. If you would like your measure moved, you need to come to the Senate Floor and move it now. Page -- bottom of page 4 on your Senate Calendar. We’re going to 3rd Reading. Senate Bill 165. Senator Sandoval. This is where we left off, Ladies and Gentlemen. Senate Bill 165. Senator Sandoval. Out of the record. Senate Bill 171. Senator Link. Senator Link. Madam Secretary, please read the bill. Senate Bill 171. Senator Link. 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Madam Secretary.
Senate Bill 171. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link, on Senate Bill 171.
Thank you, Mr. President. This bill is the credit card no- fault bill. What this basically does is - to talk to you about this and without going into it - it’s the “universal default clause”, not allowing credit cards to increase the rate on holders of credit card for late payment when another card has been issued to a -- creditor. Basically what this does is this bill -- if a person has multi-credit cards in their possession and you’re -- you’re on time with all these credit cards and one card you should be -- happen to be late on for one reason or another, they could increase the rate on all of your credit cards to the maximum amount. This is something that I think that is long overdue. We have to look at. It’s an issue that’s been discussed in other states. It’s probably something that our federal government needs to address immediately. It’s something that we have to address today. I would ask that the Members of this Body continue to pass this on, that we can continue to keep on working on this, that we protect the consumers from being unjustly punished for a minor mistake. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Rutherford. 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
Thank you, Mr. President. To respond to -- with Senator Link, here. Just in simple terms, what his legislation does, says that if you have a default on one card, that the other cards could have their interest rates raised. We stood together in the Senate Financial Institutions Committee, agreed with Senator Link, and I stand in favor of his legislation and encourage a favorable roll call, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 171 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 1 voting Nay, none voting Present. Senate Bill 171, having received the required constitutional majority, is declared passed. Senate Bill 175. Senator Sandoval. Senate Bill 184. Senator Righter. Senator Righter. Madam Secretary, Senator Righter seeks leave of the Body to return Senate Bill 184 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 184. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Righter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to explain your amendment, sir.
15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to Senate Bill 184 corrects an incorrect reference to the Department and changes it to the Illinois Environmental Protection Agency and it also removes an exemption that was in the original bill with regards to properties -- I’m sorry, waters on the property of the appurtenant landowner. I’ll be happy to answer any questions, if I can.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Righter moves adoption of Amendment No. 1 to Senate Bill 184. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 184. Madam Secretary, read the bill.
Senate Bill 184. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 184 is an attempt to provide some definition and clarity for the about the one hundred and forty-five to one 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 hundred and sixty thousand individuals in this State who own septic systems which are surface discharging. Specifically, it amends the Private Sewage Disposal Licensure Act, and simply would require a landowner who has one of these systems to provide notice to the Illinois Environmental Protection Agency with regards to the NPDES permit. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill… Is there any discussion? Seeing none -- Senator Cullerton, you need to put your light on, sir. You know we’re moving at a quick pace today. Senator Cullerton.
Thank you, Mr. President. I know you’re going quick and he ended his -- Righter. Senator Righter, normally you’d expect there’d be more time and he finished so quickly that I didn’t have a chance to put my light on. I -- I wondered if I can ask him a question.
PRESIDING OFFICER: (SENATOR HENDON) …question is fine, Senator. Senator Cullerton.
Senator, is there anybody against this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
The -- the Environmental Protection -- Agency itself was against the underlying bill. I have not heard specifically from them about the bill, as amended. The amended language was provided by -- or, was -- was a result of suggestions from the 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 EPA itself.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
My question is, are there any organizations that are concerned about the environment, other than the EPA itself, that have indicated that they’re opposed to the bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
The Illinois Environmental Council is on my list. Senator Cullerton, I believe the Sierra Club is also opposed. There may be others, I apologize. I’m not -- I’m not trying to slip someone. There may be others, and if you know of ‘em, then by all means.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
No, actually I don’t know of them. That’s why I asked the question and I -- I -- I guess it’s not your obligation to indicate to the Members of the Senate who’s opposed to your bill. I just -- I just was curious. I know it came out of the Committee ten to nothing. I -- someone had mentioned something about being opposed to it and -- so those groups - the Sierra Club, Environmental Council - are opposed to it. Could you just explain -- maybe give you an opportunity to - since they’re opposed to it - to explain why they’re opposed to it and why you think they’re wrong.
PRESIDING OFFICER: (SENATOR HENDON) 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Senator Righter.
Thank you, Senator Cullerton. I appreciate that. I‘ll -- I -- I hesitate to speak for the opponents of the bill. I will tell you what I am trying to do and why I think that they’re opposed. The -- for the last two years, the Illinois Environmental Protection Agency has been attempting to work in conjunction with the U.S. EPA. The U.S. EPA has advised the Illinois Environmental Protection Agency that they need to put in place - this State needs to put in place - a National Pollutant Discharge Elimination System permit for these surface discharging septic systems. Now, these are home-based systems. They’ve been around for years and years and years. They predominantly exist in central and southern Illinois. According to the groups that we’ve been talking to, if the permit went in place the way it is drafted now by the U.S. EPA, that it would cost the average homeowner between five hundred and seven hundred dollars a year extra in order to do the sampling that the U.S. EPA says needs to be part of the permit. The reason that we are moving this bill forward, Senator Cullerton, is because - and I know that there are other Legislators here because there are cosponsors on both sides of the aisle here - we’ve heard from our constituents. The reason they use these systems in the first place, Senator Cullerton, is because they live in areas -- either rural areas where there’s no sewage system or they live in communities that are small enough that they’re not sewered communities. They also live in areas where the soil is clay-based, which means that the percolating system - the other kind of home-based septic system - does not work in these areas where these people live. We have 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 asked the EPA repeatedly if they would provide us with some criteria so that our constituents would know who’s going to be subject to this permit and who would not. They still have not provided us this answer, so what we’ve done is we’ve put a pill in place that says you have to get one of these permits. So in a way, we’re doing the EPA’s work for them. You have to get one of these permits if your system discharges directly into navigable waters or any tributary to any of the navigable waters. The amendment took the exception for property not leaving -- I’m sorry, liquid not leaving your property itself, because the EPA themselves said they didn’t think that was appropriate.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Forby.
To the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.
This is a very good bill. Where I come from, we have a lot of septic tanks down there and what -- what he’s doing is -- is working. I would like to see everybody on this side of the aisle vote Aye because it is a good bill. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 184 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 33 voting Aye, 18 voting Nay, 3 voting Present. Senate Bill 184, having received the required constitutional majority, is declared 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 passed. Senator Crotty, for what purpose do you seek recognition?
On a point of personal privilege, please.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Thank you very much. Up in the gallery we have the Executive Director of Good Shepherd Center in Hazel Crest, Brendan McCormick, and also with him, look at that, we have Maggie and her son, Connor, and Toro. If they -- if you would rise…
PRESIDING OFFICER: (SENATOR HENDON) Would our guests please rise and be welcomed to the Senate? Welcome to the Illinois Senate, from Good Shepherd. You do excellent work. Moving right along on 3rd Reading is Senate Bill 194. Senator Sieben. Madam Secretary, read the bill.
Senate Bill 194. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sieben.
Yes, thank you very much, Mr. President. Ladies and Gentlemen of the Senate, this legislation is on behalf of a school district in my district and it would allow those districts whose enrollment increase by ninety percent as a result of a partial annexation to be eligible for consolation -- 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 consolidation incentive money. And at the request of the State Board of Education, we have amended the bill previously to provide for those payments to be made over the next four years to minimize the fiscal impact on the State Board’s budget. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 194 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 194, having received the required constitutional majority, is declared passed. Senator Delgado, for what purpose do you seek recognition, sir?
Thank you, Mr. President. I intended to vote Aye on that last bill and my switch was stuck. It did not ignite.
PRESIDING OFFICER: (SENATOR HENDON) Record will so reflect.
Thank you, sir.
PRESIDING OFFICER: (SENATOR HENDON) Senate Bill 200. Senate Bill 201. Senator Sieben. Madam Secretary, read the bill.
Senate Bill 201. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Senator Sieben.
Thank you very much, Mr. President. This legislation amends the Wildlife Code to create a two-day youth-hunt-only for deer hunting season. This would be established by the DNR between September 1st and October 31st. This is an initiative of the Department of Natural Resources and the Illinois Bowhunters Society. I know of no opposition. And I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 201 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 201, having received the required constitutional majority, is declared passed. Senate Bill 211. Senator Crotty. Senator Crotty seeks leave of the Body to return Senate Bill 211 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 211. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Crotty.
PRESIDING OFFICER: (SENATOR HENDON) …Crotty.
23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Thank you very much. Amendment No. 1 becomes the bill, so I would be happy to answer any questions at that time.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Crotty moves adoption of Amendment No. 1 to Senate Bill 211. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 211. Madam Secretary, read the bill.
Senate Bill 211. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
Thank you very much. Ladies and Gentlemen of the Senate, Senate Bill 211 merely creates the task force on employment of State nurses in each of the following agencies: the Department of Corrections, Department of Juvenile Justice, Department of Human Services and the Department of Veterans’ Affairs. And the purpose of each task force is minimizing mandatory overtime in State of Illinois 24-hour direct care facilities. It also -- each facility shall create an internal task force consisting of the following members: A labor relation or personnel staff in 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 each facility, -- representatives of the Illinois Nursing Association employed in each facility, and administrative staff from each facility. And these task force shall meet quarterly to discuss options to reduce the amount of overtime, including but not limited to creating an -- interagency pool of nurses with part-time and traveling registered nurses.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator John Jones.
Thank you, Mr. President. I just rise in support of the bill. It is a study -- or -- or, task force and -- and it passed out of committee unanimously, and I’d encourage an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 211 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting -- 58 voting Aye, none voting Nay, none voting Present. Senate Bill 211, having received the required constitutional majority, is declared passed. Senator Link, for what purpose do you rise, sir?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
I would like the Senate to welcome our great Comptroller of the State of Illinois. On the Floor is Comptroller Dan Hynes. 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
PRESIDING OFFICER: (SENATOR HENDON) Comptroller Hynes, welcome to the Illinois Senate. An excellent Comptroller you are, sir. Welcome. Moving right along on 3rd Reading. Senate Bill 216. Senator Sieben. It’s your day today, Senator Sieben. Senator Sieben. Madam Secretary, read the bill.
Senate Bill 216. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sieben.
Thank you very much, Mr. President. I do appreciate your courtesy and the opportunity to present these three fine pieces of legislation today on the Senate Chamber, and you know, a few years ago I had legislation -- dealing with the -- the “do not call list” and the “do not call registry” and I am glad to see that these have made it on the “please do call registry” today. So, I thank you for your -- courtesy. And this legislation - to the bill - amends the Wildlife Code and essentially provides that a person at the age of sixty-two can qualify to receive a crossbow hunting permit for archery -- hunting in this State. I’d just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 216 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 216, having received the required constitutional majority, is declared passed. Senate Bill 222. Senator Raoul. Madam Secretary, read the bill.
Senate Bill 222. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 222 is an initiative endorsed and worked on by our Comptroller, who’s now on the Floor, Comptroller Dan Hynes, and the Illinois Campaign for Political Reform. It’s part of the wider reform package, but this -- this element of it focuses on our Appellate Courts and our Supreme Court. It’s a bill that seeks to make sure that special interests’ money does not dictate who sits on our -- on our high courts. The bill would create the Illinois Judicial Election Democracy Trust Fund with a public financing option and it would apply to candidates not only for the Supreme Court, which the previous bill that passed out of here with bipartisan support, one sponsored by both myself and my predecessor, but also for candidates on the Appellate Court. So in this version of the bill, we’re -- we’re -- we’re adding the Appellate Court to the mix. Similar legislation was signed into law in North Carolina in 2002. And in New Mexico, just a month and a half ago, they -- they passed 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 similar legislation. Former President of the ABA indicated support for an initiative like this when he said, “It is an affront to the American justice system that electioneering gives the impression that justice is for sale. Public funding is one method by which we can restore public trust and confidence in a system that is truly independent and impartial.” Again, the previous version of this bill passed out of this Chamber with bipartisan support, and I’m hopeful that it will do the same today.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Discussion? Senator Althoff.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Althoff.
I -- I commend the sponsor and several of the chief cosponsors on this legislation. I think you’ve done a marvelous job. But just for clarification purposes and for purpose of the record, can you answer - do you anticipate any implementation problems with regard to this legislation? Specifically, Supreme Court rules define when a candidate for the judicial office can raise and spend money. Do you think that this legislation is going to have problems with the implementation and -- and understanding of those rules?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
I don’t -- I don’t anticipate any such problems. 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Hello? How about when the judges are running for retention? Can you -- can you define how they’re going to be treated with this legislation?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
I -- you know, I don’t -- I don’t think this would impact retention elections.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Actually, the question is, are they going to be allowed to obtain public financing?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
The -- the intent of -- of -- the intent of this legislation, for purpose of record, is for the initial campaign for office, not for retention election.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
And last question, is this legislation subject to appropriation?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul. 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
No. Because the funding mechanism for this is -- is not coming out of the General -- General Revenue Fund.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you, Mr. President. I rise in support, as I have for several years, including cosponsoring this legislation with Senator Obama, Senator Raoul’s predecessor. Statistics and studies sadly show that Illinoisans believe that there is a link between campaign contributions for judicial candidates and the ultimate outcomes on legal opinions. And, to me, that is unacceptable and very sad. As a practicing lawyer, I like to think that every branch of government, including our own here in the Legislature, is somehow not tainted by the need to raise money for political campaigns. But if there is one branch, one branch even more important than ours, that needs to, in the minds of people, be clean from any link between campaign contributions, whether it be a lawyer who practices in front of that particular Appellate tribunal, it’s the judicial branch. I’m not essentially enamored with putting the Appellate Court in here, but it’s fine. I’m for it. But clearly the Illinois Supreme Court where we have seen, like Ohio and California, races that cost multimillions of dollars, multimillions spent and won by both political parties, that it is out of control. This is a good system that the Campaign for Political Reform has devised. It’s worked, as Senator Raoul said, in North Carolina. And I think that this is one way to increase the public’s confidence not only in the Illinois State government in our judicial branch, 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 but most importantly that when you have a case, whether it’s yours or a loved one’s, that ultimately makes its way to the Appellate or Supreme Court of Illinois, that the decision that’s going to be rendered is free from any kind of financial influence. And I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Senator Jacobs.
Mr. President, question of the esteemed -- my esteemed colleague.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Jacobs.
What -- what’s the total cost to taxpayers to pay for their campaigns?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Again, this is -- this is not going to be funded through the General Revenue Fund. The funding mechanisms for this, which is kind of responsive to your question, ‘cause it’s not a direct cost to the taxpayers, would be a voluntary income tax check-off, an additional one dollar added to the amount of court appearance and filing fees, and also voluntary donations from the -- from the public.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
What -- what is the threshold for -- let’s say -- let’s say, 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 I have five hundred candidates run for judge. How do they determine how the money’s split up?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Well, there -- there’s -- there’s a qualifying process that takes place. So in the qualifying process, a -- a -- a candidate would have to demonstrate their viability by -- by raising qualifying contributions between five and twenty-five dollars, and depending on which district they’re -- they’re running in, that would determine the number of such contributions they would have to raise. An example, in -- in the Fifth Judicial District, six hundred and fifty-nine such contributions would have to be -- be raised. In -- in the -- in the First District, it would be two thousand one hundred and thirty-five such contributions that would have to be raised.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Jacobs.
As the constitutional scholar that you are, you know, Judge Potter Stewart said that money is speech and speech is money. To limit one is to limit another. How do you suggest to me that you’re not limiting an individual’s free speech on how much they want to spend on a judge candidate? And shouldn’t a judge candidate, who is rarely in front of normal people, have to have some responsibility to grub for dollars like the rest of us and - - and gain confidence in his community or her community?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul. 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
Just like public financing on the federal level, there’s either opt-in or opt-out. You have the option to opt-out. In which case, anybody who wants to speak through money can speak that way to the -- the candidate that would choose to opt-out.
PRESIDING OFFICER: (SENATOR HENDON) Final Senator. Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for some questions, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Burzynski.
Thank you. Senator, it’s my understanding that this bill will place a limit on donations for judicial candidates. Is that accurate, and have we done that before?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
That is accurate.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. And the limit for donations per individual for an election period is two thousand dollars. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul. Senator Burzynski, would you repeat the question, please? 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
Yes. First of all, also I want to ask the sponsor, have we ever done this in any other type of -- of campaign before - limit contributions, number one? Number two, is the limit two thousand dollars per individual for each election period?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
The -- the -- the limit -- answer to question number one, to my knowledge we haven’t successfully made -- made it through both Chambers with this -- type of legislation before, and I’m checking on the answer to question number two.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski, while he checks on that answer.
Let me wait.
PRESIDING OFFICER: (SENATOR HENDON) You have -- you have -- you can ask him another one.
I -- I’m afraid he might not catch up in time for me to ask the other one, so if -- it -- it shouldn’t take but a minute, I don’t think.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
I don’t -- I don’t believe there’s a limit to -- nonparticipating candidates.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski. 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
Thank you. Just as a follow-up to that. So, not all candidates have to participate in this funding mechanism; however, I’m not sure, our -- my analysis would indicate to me that even if you’re a nonparticipating candidate, that you have to abide by the campaign contribution limits - the donation limits. I think that raises a lot of issues. As another question - as a follow-up to that - I’m trying to find out, where would unions and those types of special interest groups fall into the limits on campaign donations to qualified candidates?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Again, the limits would -- would be the limits that the participating candidates would have with regards to their races, seven-hundred-and-fifty-thousand-dollar limits in -- in the Supreme Court and two hundred and fifty thousand in -- in the Appellate Court. And so I don’t -- you know, this is public money. So…
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. I think this is my last question, depending on how clearly the -- the sponsor answers it. Looking at this, Senator, it’s my understanding that there’s a limit of two thousand dollars per corporation, labor organization or association for each election period. Can you verify that for me?
PRESIDING OFFICER: (SENATOR HENDON) 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Senator Raoul.
Is there a particular portion of the bill that you’re referring to? And maybe I can better answer that question.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski, if you could. If you could. I understand, but if you could, I’d appreciate it. Senator -- Senator Burzynski.
Thank you, and -- and as I indicated, if I can get this answer. I think it’s page 26 of the bill, Senator. If you’ll take a look at that, where it talks about limitations on contributions. I just want to make sure I get that -- that clarified for the record. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Senator Raoul, to close.
With regards to -- with -- with regards to -- to the question, I stand corrected. There is a two-thousand-dollar limit for -- for individuals with regards to the nonparticipating candidates. With regards to where the union would stand with regards to that, the reference is to person, so that there’s -- there’s no reference as to its applicability to -- to unions. I stand corrected again. It applies to unions and corporations.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 222 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are -- 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 46 voting Aye, 12 voting Nay, none voting Present. Senate Bill 222, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we will be turning to page 48 to the Order of Postponed Consideration. Senator Silverstein, for what purpose do you rise, sir?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
With me today is one of my top voters and also my first cousin, Abby Sloan. I wish everyone would give ‘em a welcome to the Senate.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Senate, Abby. Now on the Order of Postponed Consideration, the top of page 48, is Senate Bill 715. Senator Donne Trotter, on Senate Bill… Madam Secretary, read the bill.
Senate Bill 715. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) On page 48 of your Calendar is the Order of Consideration Postponed, Senate Bill 715. As the bill has -- as the question has already been presented and debated on the Floor, debate on this bill will be limited to one proponent and one opponent. Senator Trotter.
Thank you, Mr. President, Members of the Senate. As stated, 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 this bill has been debated previously last month. We did not have the requisite votes. We believe we do have it after talking to the Members and explaining the necessity of this bill and also of its effectiveness in our communities. Simply, it creates the School Health Center Act, requiring the Department of Human Services to initiate twenty new school health centers over a five-year period and also to give dollars to help build capacity in the existing fifty clinics that are -- are -- that we now have here in the State of Illinois. Out of those fifty, forty-one of them are funded by State dollars; the other by multiple funding sources - federal government, private hospitals and the like. We are asking that the State assist us in -- in addressing some of our health care needs for our children, especially those who have asthma, obesity and other health issues. The problem was, as we heard in the debate that we had before, that -- who makes the decisions for granting the right for these health clinics to come in their areas. It is your school boards. There is the -- the flexibility that they do not have to have language in there that might be offensive to the citizens of that -- of those various communities. Again, there are presently thirty applicants waiting for clinics to come into their areas. This bill will allow funding to be there for at least twenty of those areas. This is a statewide initiative. Again, there’s a lot of flexibility for parents to have say-so about what language and which services will be rendered by the school-based clinics. And I ask for its passage.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, on a inquiry of the Chair, I believe. Senator Righter. 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
Thank you, Mr. President. According to the Calendar, Senate Bill 715 was not a bill on which the deadline was extended. Additionally, the Senate President’s letter in extending deadlines applied only to bills that were on 3rd Reading at the time that letter was issued. This bill was on the Order of Postponed Consideration. So I guess I’m seeking a resolution from the Chair on whether or not the deadline has passed for this bill or not. That’s what the Calendar indicates.
PRESIDING OFFICER: (SENATOR HENDON) Senator, this bill is on -- Postponed Consideration at this moment. That would be deemed 3rd Reading. Senator Righter. Senator Righter.
Actually, it’s not, Mr. President, because there are separate Orders. There are 3rd Reading Orders, there’s 2nd Reading Orders and there’s Orders for Postponed Consideration. And I would call to the Chair’s attention, if you look at the Calendar, two bills below Senate Bill 715 is an example of a bill that was -- its deadline was extended on. So I think it’s appropriate that Senate Bill 1381, Senator Raoul’s bill, the deadline has been extended on this. The deadline clearly was not extended on Senator Trotter’s bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator, any bill is either on 1st, 2nd or 3rd Reading, regardless of where it’s printed on the Calendar. This bill is on 3rd Reading in its proper form and we’re going to move forward. Senator Radogno. Senator -- Senator Righter, I’m -- I’m going to move forward, but Senator Righter for one last time 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 and then we’re going to Senator Radogno. Only two, one opponent and one proponent, are being allowed to speak - you know that - on Postponed Consideration. I’m giving you this courtesy. Senator Righter.
Well, first of all, Mr. President, I’m rising on an inquiry of the Chair with regards to your rules. So, I want to be clear about that. I am not speaking in opposition to the bill. I’m making an inquiry of the Chair. Now that you’ve made that ruling that apparently there’s no differentiation between 3rd Readings and Postponed Considerations, I would now make a motion -- motion to overrule the Chair and ask for a roll call vote on that.
PRESIDING OFFICER: (SENATOR HENDON) Okay. Senator Righter wants to overrule the Chair, so we’re going to give him that opportunity. The question is -- if you’re in favor of the -- the -- the Chair, you know how to vote. The question is, shall the ruling of the Chair be sustained. Vote Aye to sustain the ruling of the Chair. Nay to overturn the ruling. The voting is open. The voting is open. Have all voted who wish? You know I’m going to take my time on this. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 20 voting Nay, none voting Present. Having failed to receive the necessary three- fifths negative votes, the appeal fails and the ruling of the Chair is sustained. Now on 3rd -- on Postponed Consideration for debate, Senator Radogno, did you still want to speak on the bill? To the bill, ma’am.
Thank you. I just want to -- refresh the Body’s 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 recollection as to why this bill had some problems in the first place and there were a number of concerns expressed. One, there are folks in this Body that have concerns about school clinics in general and the fact that they can make certain forms of contraception available to students whose parents may not be aware of it. I -- I realize the bill doesn’t require that, but it could happen under this bill. That’s not a particular concern of mine. The concerns I had were there’s no -- there’s no mechanism in the bill to determine how these funds will be distributed statewide. While it certainly is possible that it could be distributed statewide, there is no guarantee. And in light of the fact that Cook County recently shut down fifteen school clinics, I think it -- there’s a reasonable expectation that what we’re just doing is supplanting county funds with State funds for the Chicago public school health clinics. And the reason the county shut those clinics down was because they were deemed to be ineffective. So that’s sort of a recap of why you voted No, those of you that did in the first instance. And I would recommend the people stick with their original vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, to close.
Thank -- thank you very much, Mr. President. Just to -- to address couple of the concerns. As pointed out, and it was debated before, that the rules and the regulations and -- and the language that will be put into any kind of initiative that would be put forth by the school boards will have community input, as well as -- as parent input, of what should be there. It also 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 needs to be pointed out that parents do not have to sign on to allow their child to receive any kind of services in a clinic that’s in their schools. This is a statewide initiative. Currently there are fifty existing clinics throughout the State. They’re from -- from Cairo, Illinois; Cahokia, Illinois; Peoria; it’s in Rockford; it’s in Chicago. This is not a Cook County bill. There are thirty people -- thirty individual school districts throughout this State have requested this initiative to go forth for this kind of expansion. We’re just asking for enough dollars for twenty new clinics. It is an RFP process that will be held. There will be, again, information -- not information but at least direction that will go into making these decisions based on being in a medically underserved community and communities that do not have existing clinics in them. So this is something -- it’s a -- a health care initiative that impacts on the lives of all our children. We know - we read all -- we’ve read all the reports; we’ve heard all the reports - one, that obesity and asthma is a problem in our State, as it is nationwide. We have an opportunity to make a big difference for the health of our children, and I ask for the passage of this bill - Senate Bill 715.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 715 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 32 voting Aye, 22 voting Nay, 1 voting Present. Senate Bill 715, having received the required constitutional majority, is declared passed. Senator Hunter, for what purpose do you seek 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 recognition, ma’am?
Point of personal privilege, Mr. -- Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I’d like to introduce to you one of my aldermen-elect from Chicago’s 20th Ward, the Ward in which I live in, Alderman-elect Willie Cochran.
PRESIDING OFFICER: (SENATOR HENDON) Alderman Cochran, welcome to the Illinois Senate. You do a fine job there, sir. I see Senator Hunter knows how to treat her aldermen. All right. Welcome, Senator -- I mean, Alderman Cochran. Good to see you. All right. Senator… Continuing on the Order of Postponed Consideration, Senate Bill 1252. Senator Clayborne. Moving on. Senate Bill 1381. Senator Raoul. Madam Secretary, read the bill.
Senate Bill 1381. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Because this bill is on the Order of Postponed Consideration, there will be one opponent and one proponent. Senator Raoul.
Thank you, Mr. President. Senate Bill 1381 embraces the concept of cooperative purchasing. It allows the State to procure supplies and services from a vendor with a current 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 contract with a unit of local government in the State of Illinois, a school district or community college district. It -- it sets out that such a contract would have to be let under competitive selection procedures comparable to those that the State of Illinois currently uses. It has safeguards to make sure that the contract would be, in fact, in the best interest of the State of Illinois. Amongst those safeguards is that the contract would have to be published in appropriate volume of the Illinois Procurement Bulletin and it sets out a -- a period - a fourteen- day period - for the awarding of such contract to be challenged by -- by any other vendor who would think that they could offer such services at a better rate and -- to be in the best interest of the State of Illinois. I urge your support.
PRESIDING OFFICER: (SENATOR HENDON) Senator Peterson.
Thank you, Mr. President. To -- like to remind my colleagues that this bill dramatically loosens up the Procurement Code, what’s in the best interest of the State. CMS is going to have a lot of discretion. If “XYZ” mosquito abatement district has a contract that it bid out according to law, then the State could come, publish and buy that technology. I mean, we’re opening up a vast Pandora’s box on this bill. We’re already having problems with the Procurement Code. We’ve already had issues in the paper about preferences to individuals, and I recommend we continue to vote against this proposition. Thank you very much.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, to close. 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007
Currently, the State of Illinois lets out ninety-some percent of its technology contracts to vendors outside of the State of Illinois. This -- this bill would allow us to recycle some of our money within the State of Illinois. It has provisions and safeguards to make sure it’s in the best interest of the State of Illinois. This is a process that is used in at least forty-two other states, and I think Illinois should have the same option to recycle its dollars within the State and support small businesses as forty-two other states do. I urge your support.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1381 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 32 voting Aye, 22 voting Nay, none voting Present. Senate Bill 1381, having received the required constitutional majority, is declared passed. Senator Kotowski, for what purpose do you seek recognition, sir?
Again, my -- my button does not work, Senator.
PRESIDING OFFICER: (SENATOR HENDON) The record will reflect your intent to vote Yea or Nay, sir?
Yea.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect intention on Senator Kotowski to vote Yes on Senate Bill 1381, which has passed. Ladies and 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Gentlemen of the Senate, the Senate will stand in recess to the call of the Chair. After committees, the Senate will reconvene for a Rules Committee meeting. There will be no further business to come -- action -- to come before the Senate until the Senate reconvenes at 12 noon tomorrow. The Senate stands in recess to call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR LINK) The Senate will come to order. The Rules Committee will meet in the President’s Anteroom immediately. Madam Secretary, Committee Reports.
Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Agriculture and Conservation Committee - House Bill 822 and 1741; refer to Commerce and Economic Development Committee - House Bill 1259; refer to Education Committee - House Bill 1347, 1839 and 1847; refer to Environment and Energy Committee - Floor Amendment No. 3 and 4 to Senate Bill 1184, House Bills 736, 825, 894, 1638, 1888 and 3728; refer to Executive Committee - Floor Amendment No. 4 to Senate Bill 593, House Bill 1124, 1268 and 3649; refer to Financial Institutions Committee - Floor Amendment No. 1 and 2 to Senate Bill 1167 and House Bill 1662; refer to Higher Education Committee - House Bill 682; refer to Housing and Community Affairs Committee - Floor Amendment No. 1 to Senate Bill 487 and House Bill 3658; refer to Human Services Committee - House Bill 614, 652, 734, 982, 984, 1775, 3455, 3678; refer to 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Insurance Committee - House Bills 147 and 415; refer to Judiciary-Civil Law Committee - Floor Amendment No. 1 to Senate Bill 1435 and House Bills 1798, 3621 and 3627; refer to Judiciary-Criminal Law Committee - House Bills 572, 622, 855, 1380, 1517, 1557, 1684, 1717, 2858, 3374, 3512 and 3766; refer to Labor Committee - Floor Amendment No. 3 to Senate Bill 1314, Floor Amendment No. 2 to Senate Bill 1529 and House Bills 374, 742, 928, 1359 and 1719; refer to Licensed Activities Committee - House Bills 640, 1284, 1406 and 1555; refer to Local Government Committee - House Bills 263, 699, 876, 962, 1685, 1752, 1753, 1872, 1876 and 1917; refer to Pensions and Investments Committee - House Bills 1930 and 1960; refer to Public Health Committee - Floor Amendments No. 1 and 2 to Senate Bill 15, Floor Amendment No. 2 to Senate Bill 133, House Bill 680, 951, 1072, 1279, 1286, 1759 and 3604; refer to Revenue Committee - House Bills 290, 576, 586, 1242, 1514, 1519, 1558, 1637, 1656, 2036, 2307 and 3091; refer to State Government and Veterans Affairs Committee - Senate Joint Resolutions 17, 29, 32, 35, 37, 39, 40, 42, 43, 44, 46, 47 and 48, Senate Resolutions 72, 85, 90, 121, 126, 129, 138, 151, 152 and 157, House Bills 1460, 1832, 2179, 3463, 3490, House Joint Resolutions 1, 8, 17, 19, 26, 27, 30 and 47; refer to Transportation Committee - Floor Amendment No. 2 to Senate Bill 314, House Bills 161, 663, 1116, 1657, 2808, 3131 and 3383. Senator Debbie Halvorson, Chairman. Dated May 7th {sic} (2nd), 2007.
PRESIDING OFFICER: (SENATOR LINK) For the purpose of an -- purpose of Committee Announcements: 10:30 a.m., Thursday, will be Judiciary-Civil Law at 10:30 and Public Health at 10:30. At 10:45 will be Transportation and 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 Housing and Community Affairs. At 11 a.m. will be Energy and Environment. At 11:15 will be Executive. At 11:30 will be Labor Committee. At 11:45 will be Financial Institutions. Madam Secretary, Resolutions.
Senate Resolution -- I’m sorry, 163, offered by Senator Watson and all Members. It’s a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Resolution Consent Calendar. Madam Secretary, Committee Reports.
Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports House Bills 486, 1241, 1780, 1988 and 3618 Do Pass; and House Bills 743 and 1074 Do Pass, as Amended. Senator Harmon, Chairperson of the Committee on Revenue, reports House Bills 811, 950 and 983 Do Pass; and House Bill 1921 Do Pass, as Amended. Senator Ronen, Chairperson of the Committee on Licensed Activities, reports House Bill 1366 Do Pass. Senator Haine, Chairperson of the Committee on Insurance, reports House Bill 2786 Do Pass. Senator Silverstein -- Silverstein, Chairperson of the Committee on Executive, reports House Bills 25, 257, 426, 720, 735, 1084, 1100 and 3504 Do Pass; House Bill 574 Do Pass, as Amended; and Senate Joint Resolution 50 Be Adopted, as Amended. Senator Lightford, Chairperson of the Committee on Education, reports House Bills 1648, 1910, 1926, 1964, 2787 and 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 3327 Do Pass; and House Bill 816 Do Pass, as Amended. Senator Maloney, Chairperson of the Committee on Higher Education, reports House Bills 223, 703, 721 and 724 Do Pass. Senator Hunter, Chairperson of the Committee on Appropriations III, reports Senate Bill 1132 Do Pass. I have a Committee Report correction. The following correction is made to the report of the Senate Committee on Environment and Energy of May 2nd, 2007. The initial report from the committee indicated that House Bill 463 was sent to the Senate with a recommendation of Do Pass. House Bill 463 was, in fact, held by the committee.
PRESIDING OFFICER: (SENATOR LINK) Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed the bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 31. We’ve received like Messages on House Bills 126, 134, 226, 315, 318, 620, 632, 635, 858, 1234, 1332, 1338, 1455, 1533, 1635, 1651, 1716, 1727, 1890, 1956, 2002, 2194, 2284, 2306, 2982, 3014, 3135, 3388, 3416, 3567, 3602 and 3667. All passed the House, May 2nd, 2007. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR LINK) Madam Secretary, Communications.
49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day 5/2/2007 A letter, dated May 2nd, 2007, from Emil Jones, Jr., President. Dear Madam Secretary - Pursuant to Rule 3-5(c), I hereby appoint Senator Donne Trotter to replace Senator Rickey Hendon as a member of the Rules Committee. This appointment is effective immediately. Very truly yours, Emil Jones, Jr., President. I have also a -- a letter, dated May 2nd, 2007, from Emil Jones, Jr., Senate President. Dear Madam Secretary - Pursuant to Rule 3-5(c), I hereby appoint Senator James DeLeo to replace Senator Louis Viverito as a member of the Rules Committee. This appointment is effective immediately. Very truly yours, Emil Jones, Jr., Senate President.
PRESIDING OFFICER: (SENATOR LINK) There being no further business to come before the Senate, the Senate stands adjourned until the hour of noon tomorrow, Thursday, May 3rd, 2007. The Senate stands adjourned. 50