PRESIDING OFFICER: (SENATOR HENDON) The regular Session of the General Assembly will please come to order. Will the Members please be at their desks? Our guests in the galleries please rise. The invocation today will be given by Reverend John Park, Korean United Presbyterian Church, Springfield, Illinois. Reverend Park.
(Prayer by the Reverend John Park)
PRESIDING OFFICER: (SENATOR HENDON) Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HENDON) We’d like to thank our guests in the gallery for that wonderful Pledge. They really added something to it. Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Tuesday, May 8th, 2007.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Mr. President, I move that the Journal just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter moves the approval of the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions. 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
Senate Resolution 172, offered by Senator Demuzio and all Members. Senate Resolutions 173 and 174, offered by Senator Haine and all Members. And Senate Resolutions 175 through 177, offered by Senator Dillard and all Members. They’re all death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Resolutions Consent Calendar. Senator Risinger, for what purpose do you seek recognition, sir?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Go right ahead and state your point, Senator.
In the President’s Gallery up behind you, we have a couple of visitors from Peoria. We have Don Hoffman and Tebben Graffelman. And would we please give them a warm welcome here to the Senate?
PRESIDING OFFICER: (SENATOR HENDON) Guests from Peoria, please rise and be welcomed. Welcome to the Illinois Senate. Madam Secretary, do you have any other resolutions?
Yes, Mr. President. Senate Resolution 178, offered by Senator Demuzio. And Senate Joint Resolution 52, offered by Senator Schoenberg. 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 They’re both substantive.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl, for what purpose do you seek recognition, sir?
Moment of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
Thank you. With me today I have a Page for a Day, James Brady, from Peru. Eighth grade, going to be a freshman next year at Saint Bede Academy. Want to welcome him today. And his dad is up in the gallery behind you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Thank you. Welcome to the Illinois Senate, James, and your father. Welcome. Welcome, young man. Madam Secretary, Committee Reports.
Senator Halvorson, Vice-Chairperson on the -- of the Committee on Executive, reports Senate Amendments No. 1 and 2 to Senate Bill 1 recommend Do Adopt. And Senator Jacobs, Chairperson of the Committee on Housing and Community Affairs, reports House Bills 369 and 3658 Do Pass; and Senate Amendment 1 to Senate Bill 487 recommend Do Adopt.
PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Messages.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 308. We have received like Messages on House Bills 988, 1104 and 3496. All passed the House, May 8th, 2007. Mark Mahoney, Clerk of the House. I have another Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 40. Offered by Senator Lightford. Adopted by the House, May 2nd, 2007. Mark Mahoney, Clerk of the House. It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? We’re about to go to today’s business. Please come to the Senate Floor. Would all Members under the sound of my voice come to the Senate Floor? Madam Secretary, House Bills 1st Reading.
House Bill 1104, offered by Senator Millner. (Secretary reads title of bill) And House Bill 716 -- 1716, offered by Senator Bond. (Secretary reads title of bill) 1st Reading of the bills. 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Communications.
Have a letter dated May 9th, 2007, from Emil Jones, Jr., Senate President. Dear Madam Secretary - Pursuant to Rule 3-2(c), I hereby appoint Senator Donne Trotter to temporarily replace Senator James Clayborne as a member of the Senate Executive Committee. This appointment is effective immediately. Have a like -- like letter dated May 9th, 2007, from Emil Jones, Jr., Senate President. Dear Madam Secretary - Pursuant to Rule 3-2(c), I hereby appoint Senator Iris Martinez to temporarily replace Senator James Clayborne as a member of the Senate Insurance Committee. This appointment is effective immediately. Have a like -- like Message dated May 9th, 2007, from Emil Jones, Jr., Senate President. Dear Madam Secretary - Pursuant to Rule 3-5(c), I hereby appoint Senator Deanna Demuzio to resume her position on the Senate Agriculture and Conservation Committee. This appointment is effective immediately. Have a letter dated May 9th, 2007, from Emil Jones, Jr., Senate President. Dear Madam Secretary - Pursuant to Rule 3-5(c), I hereby appoint Senator James Clayborne to resume his position on the Senate Environment and Energy Committee. This appointment is effective immediately. A letter dated May 9th, 2007, from Emil Jones, Jr., Senate President. 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Dear Madam Secretary - Pursuant to Rule 3-5(c), I hereby appoint Senator Dave Koehler to resume his position on the Senate Local Government Committee. This appointment is effective immediately. I have a letter dated May 9th, 2007, from Emil Jones, Jr., Senate President. Dear Madam Secretary - Pursuant to Rule 3-5(c), I hereby appoint Senator Dave -- David Koehler to resume his position on the Senate Transportation Committee. This appointment is effective immediately. A letter dated -- dated May 9th, 2007, from Emil Jones, Jr., Senate President. Dear Madam Secretary - Pursuant to Rule 3-5(c), I hereby appoint Senator Ira Silverstein to resume his position on the Senate Executive Committee. This appointment is effective immediately. A letter dated May 9th, 2007, from Emil Jones, Jr., Senate President. Dear Madam Secretary - Pursuant to Rule 3-5(c), I hereby appoint Senator Ira Silverstein to resume his position on the Senate Judiciary-Criminal Law Committee. This appointment is effective immediately. And another letter dated May 9th, 2007, offered by -- from Emil Jones, Jr., Senate President. Dear Madam Secretary - Pursuant to Rule 3-5(c), I hereby appoint Senator Ira Silverstein to resume his position on the Senate Judiciary-Civil Law Committee. This appointment is effective immediately.
PRESIDING OFFICER: (SENATOR HENDON) 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Will all Members from the -- under the sound of my voice please come to the Senate Floor? Would all administrative assistants please find your Senator, bring him to the Senate Floor? We’re going to go to 3rd Readings. We’re going to 3rd Readings. If you’re not on the Senate Floor, I will skip your bill. We’re going to 3rd Readings. Would all Senators under the sound of my voice come promptly to the Senate Floor? Members of the Senate, I’m going to need you to turn to page 8 of your Senate Calendar. Page 8 of the Senate Calendar. With leave of the Body, we’re going to skip the vehicle bills. Turn to page 8 on your Senate Calendar. The Senate/House softball game is quickly approaching. We’re asking all Senators who wish to play to bring your cleats and shorts next week. It should be hot. To get in our only practice. We’re going to practice next week. The game is week after next. So, we need to get these old bones stretched out, get the creaks out. Some of you haven’t done anything all year and we intend to win this year with all these new Senators, with all this talent. We’re going to crush the House. So come prepared to work out next week. That includes you, Senator Dillard. We need you. Be ready. Please turn to -- Senator Hunter, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) …ahead and state your point.
I have in the President’s Gallery a friend who’s visiting here from Chicago from the Michael Reese Hospital. Will you please welcome Dr. John Marshall Tarr {sic} (Carr) to the Senate, 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 please?
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Ladies and Gentlemen, we’re going to bottom of page 8. Senate Bill 7. Sorry. Senator Schoenberg, for what purpose do you seek recognition, sir?
Thank you, Mr. President. I wanted to catch your eye before we proceeded with 3rd Readings. I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
Thank you, Mr. President. I’m joined today by my Page for the Day, David Griffin, from Skokie. David is a sophomore at Northridge Prep. He is currently editor of the school newspaper, and has interest in writing and theater. There’s no word whether he’s working on any investigative pieces here while he’s in town for the day, but please give him a warm Senate welcome.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, young man. And make sure you spell Senator Schoenberg’s name correctly in your piece. Bottom of page 8, Ladies and Gentlemen of the Senate, is Senate Bill 774. Senator Collins seeks leave of the Body to return Senate Bill 774 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 774. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Collins. 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President. Floor Amendment No. 2 stipulates that the grants awarded from the Quality of Life Fund are not intended to replace current and future State funding of HIV/AIDS prevention and treatment.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Collins moves adoption of Amendment No. 2 to Senate Bill 774. 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?
Yes, Mr. President. Floor Amendment No. 3, offered by Senator Collins.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins, to explain Amendment No. 3.
Thank you, Mr. President. Floor Amendment No. 3 deletes the chargeback exemption for the Quality of Life Endowment Fund.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Collins moves adoption of Floor Amendment No. 3 to Senate Bill 774. 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. 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 774. Madam Secretary, read the bill.
Senate Bill 774. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President. Senate Bill 774, as amended, creates the Quality of Life scratch-off Lottery game. The net revenue from this game shall be deposited into the Quality of Life Endowment Fund for appropriation by the General Assembly to the Department of Public Health for the purpose of HIV/AIDS prevention and education. Basically, this fund addresses two -- critical issues. That’s HIV/AIDS prevention and education programs and care for people who are living with HIV and AIDS.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Risinger.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) Indicates she will yield. Senator Risinger.
Yes. Senator, my information shows that the Department of Revenue is opposed to this bill. Can you give us a little insight on what their opposition is? 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
The Department of Revenue is opposed to any legislation that they feel would diminish their revenue.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Senator, I’m -- and to the bill: Senator, I’m a little concerned about, as we add more and more of these kind of bills, that we’re taking away from money that -- that’s supposedly going to education. And I don’t know whether you’ve addressed that issue or not, but we started down that line not too long ago and now we’re seeing more. And I assume that if this one passes, we’ll see more, and so that’s my concern. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 774 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 37 voting Aye, 13 voting Nay, none voting Present. Senate Bill 774, having received the required constitutional majority, is declared passed. Senator Silverstein, for what purpose do you seek recognition, sir?
Personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, sir.
11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Thank you, Mr. President. In the gallery behind me is Arie Crown Hebrew Day School, a school that’s in Senator Schoenberg’s district, and our -- both our constituents go to that school. I wish that the Senate would give them a warm Senate welcome.
PRESIDING OFFICER: (SENATOR HENDON) Our constituents from Senator Schoenberg and -- Senator Silverstein’s districts please stand. Welcome to the Illinois Senate. Welcome them to the Senate, everyone. Welcome, young people. Senate Bill 775. Senator Hunter. …leave of the Body, we’re going to skip to page 11 of your Calendar. Top of page 11. Senate Bill 810. Senator Cullerton. Senate Bill 810. Senator Cullerton. Senator Cullerton seeks leave of the Body to return Senate Bill 810 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 810. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. This extends duty disability benefits to county correction officers who suffer a heart attack or stroke as a result of the performance and discharge of a duty. And it’s an initiative of the Metropolitan Alliance of Police. Ask for its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Cullerton 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 moves adoption of Amendment No. 1 to Senate Bill 810. All those in favor will say Aye. Opposed, say Nay. The Ayes have it. 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 810. Madam Secretary, read the bill.
Senate Bill 810. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. This bill was initially opposed by the Cook -- by the County of Cook and we agreed that we would pass the bill out of the Senate without their objection and then deal with an issue in the House if we could not show them that this is similar to language that applies to other pension funds, which we believe it -- it does. So, with that understanding, there is no opposition and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Lauzen.
Thank you, Mr. President. Just a question for the sponsor. The analysis that we have on our screens over here is that it 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 provides that a county correctional officer who suffers heart attack or stroke as a result of performance or discharge of his or her duty as a county corrections officer shall be considered as having been injured in or -- in an act of duty and shall be eligible for benefits. I’m wondering why that would be necessary. It seems self-evident that if a person has a stroke or a heart attack while they’re working or due to the work that they would be -- I -- I don’t understand why this is necessary. Is this -- it seems like it’s a clarification?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Well -- well, I’ll tell you what, Senator, I’d like -- I’d like to take it out of the record, because it’ll take me too long to explain that. I’ll take it out of the record now. I’ll come over and discuss it with you, and then if we can have leave to come back for it, I’d appreciate it.
PRESIDING OFFICER: (SENATOR HENDON) Take it…
I’d like to take it out of the record.
PRESIDING OFFICER: (SENATOR HENDON) Take it out of the record. Senate Bill 812. The bill will remain on 3rd Reading. Skipping to page 12 of your Calendar. Senate Bill 829. Senator Martinez. Senator Martinez seeks leave of the Body to return Senate Bill 829 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 829. Madam Secretary, are there any amendments approved for 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 consideration?
Floor Amendment No. 2, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez, to explain your amendment.
Thank you. Repeals -- deletes all and repeals -- I’m sorry. It repeals eight -- eight Sections of the County Code dealing with County Sheriff’s Board. Amends the director’s position to be a single appointee to act as the chief executive and administrative officer of the department.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Martinez moves adoption of Amendment No. 2 to Senate Bill 829. 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 829. Senator Martinez.
Thank you. The -- this amends the…
PRESIDING OFFICER: (SENATOR HENDON) I’m sorry, Senator Martinez. Madam Secretary, read the bill.
Senate Bill 829. 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you. The -- Senate Bill 829, the board is currently comprised of five appointed members. One of the two functions of the board is to nominate the jail’s executive director. This bill will allow Cook County Sheriff to appoint the executive director of the Cook County jail with advice and consent of the county -- of the Cook County Board. It removes the authority to nominate the Director of Cook County jails from an appointed board that meets in private. Restores it to the sheriff and the elected county board whose member meets in a public forum.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Althoff.
Thank you, Mr. President. To the bill: Although this bill did pass out of committee unanimously, I just would like to point out to the Body that this is an erosion of county board rights. What they’re doing -- or, what this legislation does is actually take them out of the process. Just need to have that on the record. Thank you, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Crotty.
To the bill: I, too, rise in support of this bill, though. Because I think that the jurisdiction to appoint the director of a Cook County jail should be up to the elected official, and that 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 being the sheriff of Cook County, and their Board. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, Senator Martinez, to close.
I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 829 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 1 voting Nay, none voting Present. Senate Bill 829, having received the required constitutional majority, is declared passed. With leave of the Body, we will now turn to page 15. Senate Bill 884. Page 15. Senate Bill 884. Senator Hunter. Senator Hunter, on Senate Bill 884. Senator Hunter seeks leave of the Body -- out of the record. With leave of the Body, we will be turning to page 19. Page 19 on your Senate Calendar. Senate Bill 934. Senator Delgado. Senate Bill 934. Senate Bill -- Senate Bill 934. Senator? Senate Bill 934. Senator Delgado seeks leave of the Body to return Senate Bill 934 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 934. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Delgado.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado. 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
Thank you, Mr. President, Members of the Senate. Floor Amendment No. 2 retains 934, as amended by Floor Amendment No. 1, and declares that the amount of funds furnished through the fee mandate in the Act cannot exceed the amount essential to fully achieve the purpose of this Act, and I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Delgado moves adoption of Amendment No. 2 to Senate Bill 934. 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 934. Madam Secretary, read the bill.
Senate Bill 934. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.
Thank you, Mr. President and Members of the Senate. Senate Bill 934, as amended, amends the Hearing Screening of Newborn {sic} Act to permit DPH to levy fees to cover the cost of maintaining the registry and -- executing the follow-up services 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 detailed in the Hearing Screening for Newborns Act. And I’m open for any questions and ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 934 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 934, having received the required constitutional majority, is declared passed. Senate Bill 936. Senator Martinez. 936. With leave of the Body, we’re going to turn to page 24 of your Senate Calendar. Page 24. Senate Bill 1007. Senator Kotowski. Madam Secretary, read -- Senator Kotowski seeks leave of the Body to return Senate Bill 1007 to the Order of 2nd Reading for the purpose of… …Body, we’re going to return Senate Bill 1007 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1007. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski, to explain Floor Amendment No. 1 to your bill, sir.
The amendment becomes the bill, Mr. President. I look forward to discussing it on 3rd Reading. 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Kotowski moves the adoption of Amendment No. 1 to Senate Bill 1007. 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 1007. Madam Secretary, read the bill.
Senate Bill 1007. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1007 is a reasonable, commonsense, bipartisan approach to gun violence prevention. I’m proud to have the support of my colleague, Senator John Millner, on this initiative. This is an excellent bipartisan approach to this issue. Senate Bill 1007 restricts large-capacity detachable ammunition magazines of more than ten rounds. Senate Bill 1007 confronts the fact that the prevalence of these high-capacity magazines guarantees that gun crimes are both more lethal and that more firearms with ammunition clips will be used in criminal activity. A 2004 report to the U.S. Department of Justice stated 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 that at least fifteen percent of gun crimes annually are committed with guns equipped with large-capacity magazines. Just look at the recent Virginia Tech shooting. A hundred and seventy rounds in nine minutes - that’s how many bullets the killer got off. I’ll say this again, a hundred seventy rounds in nine minutes. Once upon a time we had six-shot revolvers. Now we have semi-automatic guns with magazine clips of fifteen, twenty and thirty rounds. Senate Bill 1007 limits magazines to no more than ten rounds. Think of the lives saved, the injuries prevented. Ten rounds. I have a friend, Mike Robbins, who was a police officer. He was shot in his police car eleven times by a gang member with a pistol with a high-capacity magazine. Luckily he survived. He’ll never, unfortunately, work again as a police officer. Senate Bill 1007 acknowledges the grim reality that we can only minimize the risk that our children, families, and law enforcement face on a daily basis. This bill acknowledges the grim reality that we can only minimize the damage that the misuse of guns with high-capacity magazines can ‘cause. Because let’s face facts: Criminals will get guns. They will get new guns. They will shoot children. They’ll shoot moms and dads. They will shoot teachers and they will shoot police officers. Isn’t it our responsibility to ensure that when these criminals get guns that the guns they shoot will be less dangerous? Isn’t it our responsibility to ensure that our police officers are not battling gang members with more fire power, more ammunition capacity than the police have? Isn’t it our responsibility to ensure that we can do -- whatever possible to keep our children safe? And this bill that we have will not make criminals out of law-abiding gun owners and sportsmen. This bill ensures that 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Illinois manufacturers can continue to sell their existing stock to licensed gun dealers and legal high-capacity magazine owners in another state. These same Illinois manufacturers can also continue to sell ammunition magazines of more than ten rounds to the military, law enforcement, correction officers, and peace officers. And Senate Bill 1007 does not ban any weapons. Let me say this again: Senate Bill 1007 does not ban any weapons. It does not impact any weapon that could be lawfully used for hunting. It only limits magazine capacity to the standard sizes used by most manufacturers, ten rounds or less.
PRESIDING OFFICER: (SENATOR HENDON) Thank -- thank you.
Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Senator -- discussion? No. Senator Righter. No. Is there any… Senator Sieben. I’m sorry, Senator Sieben. I -- I -- I tried -- Senator Sieben.
Thank you very much, Mr. President. I rise in strong opposition to this legislation. Would like to ask the sponsor a question or two.
PRESIDING OFFICER: (SENATOR HENDON) Go right ahead, Senator Sieben.
Thank you very much. Senator Kotowski, for a period of approximately ten years there was a federal assault weapons ban that included bans on the manufacture, sale, and distribution of large magazine -- large-capacity magazines. Can you give us some 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 information on how that federal ban impacted gun crimes and -- and fatalities as a result of people using firearms with large- capacity magazines?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you for your question, Senator. Over the course of ten years, the Federal Assault Weapons Ban, the impact on it was positive. But again, you’re talking about the Assault Weapons Ban and we’re referring here today to high-capacity magazine clips. And what we’ve found and what the information has found is that guns with high-capacity magazine clips -- as I’ve indicated, from the 2004 report from the U.S. Department of Justice, fifteen percent of gun crimes involved high-capacity magazines. So, the point here is, what we’re talking about is, high-capacity magazines and the lethality of guns as a result of high-capacity magazines.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sieben.
I think the indication was that as part of the Federal Assault Weapons Ban, there was a magazine component to that and that was allowed to expire because the results clearly indicated that just banning a particular type or size of -- of magazine actually did very, very little to reduce the incident of gun violence or the fatalities caused by gun crime. Think the reality, Senator, is that the -- the magazine that holds the ammunition is nothing more than an inanimate object and what really results in -- in fatalities is what’s in the mind and the 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 heart of the person that -- that has -- or, makes use of that firearm. Has nothing to do with -- with the -- with -- with that particular type of magazine or whatever. I think -- and the reason I speak so strongly in opposition to this is, the practical effect of your bill. In talking with the gun manufacturers that I represent in Henry and Rock Island County, all believe that the impact of your legislation would be that it would have an impact on the manufacturers -- the gun manufacturers in western Illinois, that eighty percent of the firearms, for example, manufactured by Springfield Armory are capable of accepting a detachable magazine with more than ten rounds. Now, your exemption - and if you want to speak to the exemptions again - indicates there is an exemption for them to sell their existing inventory. So, I would say that one of the - - one of the impacts of this legislation would be that during -- if this bill should pass, they will gear up their production, as they did previously, and manufacture a significant -- number of these magazines so that they will have a supply available to supply to their markets. Also another problem in the language of your bill is that the -- the exemptions specifically only allow for the sale of these -- these particular magazines to law enforcement, the military, or people in other states. The fact of the matter is, is that these gun -- gun manufacturers do make a lot of in-State sales and that the type of firearms that they are manufacturing are not the ones used in gun violence and gun crimes. So, the effect of this legislation that you’re proposing, I think, it’s a piece of feel-good legislation. I mean, people that want to say they voted for some gun control, you’ve already told ‘em, this doesn’t control any guns. It only 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 controls a magazine. Well, maybe that makes you feel good that you voted for some type of a gun-control legislation, but the effect of this is, Senator, it doesn’t do anything to make the streets of Illinois safer, to protect families from violent crime. All it does is empty out the streets of Geneseo, Illinois, or Colona, Illinois, or Rock Island, Illinois, that employ the hundreds and hundreds of people that manufacture high- precision firearms for Secret Service, for FBI, for law enforcement, for competitive sportsmen shooting. So, what you’re going to do is you’re going to send these jobs to -- to the State of Iowa. We’ve already seen that Les Baer has begun to move their operation to LeClaire, Iowa, right across the river. So, I think the impact of this legislation is to run good jobs out of the State of Illinois. And virtually it will do nothing to make our streets safer. It will virtually do nothing to take the guns out of the hands of criminals and protect children and -- and neighborhoods from -- violent criminals. And for these reasons and many more - I know our time is short - I stand in strong opposition and would urge all colleagues on both sides of the aisle to vote No or vote Present -- to cast a No or Present vote on this bill.
PRESIDING OFFICER: (SENATOR HENDON) Thank -- thank you, Senator Sieben. Because of our personal friendship, I let you go on a bit more than I’m going to allow everyone else. But I’m letting everyone else know, you know, try to be succinct. Senator Righter. I mean, Senator Kotowski, in response.
Yes, thank -- thank you very much, Mr. President. Just 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 point of clarification: This legislation has nothing to do with guns. It has everything to do with magazines. Does -- have nothing to do with guns. The manufacturers can continue to sell whatever gun they want to whomever they want. This has nothing to do with guns. And according to the Illinois Wildlife Code most shotguns have one -- one bullet in the barrel and two in the magazine. And you need a plug on the magazine. And if you don’t have a plug, it’s a seventy-five-dollar fine. And also, a point of clarification: These same manufacturers flourished under a restrictive gun ban. They flourished under a restrictive national gun ban. Again, this is not a gun ban. This is a magazine restriction and it limits the lethality of a gun and acknowledges the reality, as I spoke in my comments in the beginning, that all we can hope for in this day and age, sadly, is to minimize the damage that guns can cause.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Righter.
Thank you. Senator Kotowski, first, you just made the statement that this bill has nothing to do with guns. If that’s the case, why were you citing gun violence statistics in your opening?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Actually, point of clarification: This bill does not ban guns. Does not ban guns. What it does is, by focusing on magazine capacity of more than ten rounds, it allows guns to be continued to be sold with magazines. And as you know, magazines are the -- allow the capability for someone in order to fire ammunition. There is a connection there. But what this does is, it limits the lethality of a gun. It limits the lethality.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Senator, I want to talk about a couple points that we discussed in the Public Health Committee when this amendment was heard. First, on page 1 of your amendment, you provide for certain definitions. And the way I read this, and correct me if I’m wrong, is it accurate to say that if an -- if this becomes law and an individual either has one of these magazines or has the parts that could be used to assemble one of these magazines, and has a gun nowhere in his or her presence, that they would be in violation of this law? Is that fair to say?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Not if they owned the weapon beforehand.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Okay. Taking -- setting aside your exemption, Senator Kotowski, would that violate this law? 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter. I mean, Senator Kotowski.
If they own the magazine beforehand, it would not violate this law.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Righter.
Senator, let me try this again. Put aside your exemptions, the ninety-day exemption, the peace officer exemption, all those. Okay? So, this is just Dale Righter driving down the street, who either has one of these magazines in the trunk of his car or has the pieces which could be used to assemble one of these magazines. And I don’t even own a gun. I don’t even own a gun. Okay? And I bought this a week after this law became effective. Am I in violation of the law as this is currently written? Yes or no, please?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir? Senator Righter.
Senator Kotowski, also in the exceptions -- the exemptions you have, which are -- appear on page 3, you have peace officers, wardens, superintendents, whatnot, and I asked you this question in committee and -- and I -- I don’t think that you were clear on what the effect would be in committee, so I’m going to ask you 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 again on the Floor. If a warden, who in the course of his or her duties could possess one of these magazines and then retires from service, would this bill allow them to continue to have this, or upon their retirement would they be in violation of the law?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you for your question. Right now the Department of Corrections does not allow any of its officers to carry State issued firearms or magazines off duty for personal use. If they personally owned a large-capacity magazine right now, they would be grandfathered like everybody else. If they don’t, they can still have a magazine of ten rounds.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
So, Senator Kotowski, I’m a warden in the Department of Corrections and I have one of these magazines that’s described under this and then I retire. Okay? Am I in violation of the law?
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter. Senator Kotowski.
If you personally owned it before - the magazine - you can keep it. You will not be in violation of the law. Getting back to the issue that I discussed regarding the Department of Corrections, right now the Department of Corrections does not allow any of its officers to carry State-issued firearms or magazines off duty. State-issued firearms. 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, I -- I hope you’re done. If not -- Senator Righter. And, Ladies and Gentlemen of the Senate, I told you earlier when I got here, you know when I’m here, I’m in the Chair, the rare opportunities I have, we’re going to move these things along. Senator Righter.
Well, Mr. President, I’m -- I would like to go to the bill, but I hope that the Chair will show some -- measure of patience on this. This is obviously a very controversial topic on relatively new language that just kind of sprung up in the last week or two. So, I -- I thank you for your indulgence, Mr. -- Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) I will certainly give you more time, Senator. You’re a distinguished gentleman, a personal friend, but let’s not take our friendship a little too far. Senator Righter.
I’ll take it as far as you’ll allow me, Mr. President. To the bill: Ladies and Gentlemen, this might be a first in gun control legislation history, because you can become a criminal under this without owning a gun. You can be a criminal under this law without owning a gun. We’ve heard a lot about gun violence and a lot of rhetoric about that, and we all appreciate those concerns and we all have differing opinions. We all have differing opinions about the root cause of gun violence. But surely all of us, everyone of us, even you and I, Mr. President, can get together on the notion that in order to commit gun violence you got to have a gun. But this bill doesn’t require 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 that. This bill simply says that if you’ve got the magazine, or even if you just have the pieces to put a magazine together, that you’ll be a criminal. I appreciate that the -- that the -- the - - the Senator is very motivated to move something forward in compliance with the campaign in his district, but Ladies and Gentlemen, this is bad policy and it overreaches. It does not address the core problems we have with gun violence in this society at all. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Senator Jacobs.
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Jacobs.
Senator, on the Virginia Tech campus, was that a gun-free zone?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
To my knowledge, I -- I think they did have some regulations as it relates to possessing firearms on campus. Just to respond to that, ‘cause I think that’s an important issue to talk about: What we’re talking about, again, whether you have the strictest regulations in America -- whether you have the strictest regulations in America, what this bill acknowledges, it acknowledges if someone comes in and they possess a firearm with a magazine capacity of fifteen, twenty, thirty rounds, it acknowledges that there’s more that can be done to minimize the 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 risk associated with that. You could have somebody come in as it currently is with these magazines and that -- that addresses the lethality of this issue. So, I’ve acknowledged that, Senator. I think you raise a really good point. I think you raise an excellent point when it comes to this issue and this debate, because oftentimes there’s only so much that laws can do. There’s only so much they can do. But in this stage -- in this day and age, in our society and in -- in our country, what we need to do is figure out a way to protect our families and our communities from the risk, to minimize the damage.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Senator, your response to a failed gun ban is to encourage more gun regulation.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
It’s to encourage the right types of regulation. I mean, as you -- as you would know, Senator, as you would know, because there are issues that when it comes to limits, when it comes to local municipalities - and we’re Senators - there’s only -- there’s only so much sometimes that local laws can do. And we’re -- we represent the State of Illinois and we work to enact regulations that are more comprehensive, that have more teeth, that have more substance.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs, to the bill, I believe. Senator Jacobs.
32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 To the bill: I would -- I would echo a couple things. First, what kind of government doesn’t trust their people to be armed? And that’s the question that was asked by our founding fathers. The second thing, why this is important. I’d like everybody’s attention for one second. Because, Senator, this is what you’re doing in my district. It says, “Second gunmaker may move.” Now, your push for gun control in your district is your business. But when your position starts to push out jobs in Senator Sieben’s district and in my district, that’s bad legislation. So, I don’t care where you fall on this issue. What I’m asking people to do today is to vote for jobs, because these are real people with families and mortgages. And they -- one moved out of my town last week to LeClaire, before this even came up. And next week I got a letter from Springfield Armory that told me that if this bill passes, that they’ll move. So, if you want to make America safe, Senator, I suggest you -- you’d figure out a way to stamp out box cutters.
PRESIDING OFFICER: (SENATOR HENDON) WGME-TV {sic} (WGEM-TV), Quincy, Illinois, seeks leave to video. Is leave -- leave is granted. Senator Raoul.
Thank you, Mr. President. I -- I rise in strong support of this bill. The -- the notion -- the argument that was made earlier by the Senator, that -- that somebody cannot possess a gun, yet possess a magazine and be in violation of the law and that that would be -- bad public policy, is inconsistent with the policy we have with regards to drug paraphernalia right now. You can own drug paraphernalia and not be in possession of drugs and it’s a violation of the law. Why? Because what else are you 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 going to use the drug paraphernalia for but to consume drugs? What else are you going to use one of these magazines for? To shoot a gun. With -- with regards to the public policy argument about saving jobs, I choose saving lives over saving jobs. And in my district, Senator, we’re losing lives. And so if a few people get laid off and we save a few lives, I choose saving lives over saving jobs. That argument is the same argument we -- we use with regards to the prison industrial complex. We say we got to keep prisons filled so we can keep people employed. That is not good logic. I support and I urge a -- Aye vote on this.
PRESIDING OFFICER: (SENATOR HENDON) Final Senator, Senator Burzynski.
Thank you, Mr. President, and I will be brief. So, one of the previous speakers talked about what else do you use these magazines for. I’m going to tell you what they use ‘em for. I have a gentleman in my district who’s a collector, who has thousands of magazines from all types of firearms, dating back many, many years ago, many decades ago. My question to the sponsor is, is this person going to be convicted of a crime for even trying -- or, for even possessing these types of magazines when -- when he does not have a firearm in his possession that will take any of those?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
No.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski. 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
Thank you. Then what -- what are his options? What can he do with these magazines should he decide to sell them? Or, can he collect even more or is he restricted from that at this point?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you, Senator. He can currently sell -- after the passage of this bill, he can sell to a -- federal firearms licensee and he can also sell his currently possessed magazines to someone maintaining that magazine in another state. So -- and he can also -- he can also leave it to his estate. So, if you own thousands of magazines prior to the passage of it, you keep them. You keep them lawfully. If you want to sell them, you sell them to a federal firearms licensee or to someone who’s lawfully possessing the same type of equipment in another state.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. And then can he continue collecting or is he now restricted? He’ll no longer be able to collect additional magazines. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
As it relates to antique firearms, he can continue to collect. I’m sorry. As it relates to antique magazines, he can continue to collect.
PRESIDING OFFICER: (SENATOR HENDON) 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Senator Burzynski.
Thank you. I appreciate that answer. However, I think if those magazines are still functional, if there are firearms available that will use them, I don’t know how in the world this bill will allow him to continue to collect. I -- I rise in opposition to the bill. And you know, we’ve had a lot of rhetoric out here today, and we’ve had people talking about they choose jobs over life, and certainly we can all understand that. We think -- or, life over jobs. Excuse me. We all think lives are -- are important and -- and certainly we want to protect as many people as we can. But I’ll tell you, if people don’t have good quality jobs to work in, they’re going to turn to other lives rather than working. So, I would urge a No vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski, to close.
No. Wait. Just a quick response, Senator. This does not have to be a choice of jobs over lives. This does not have to be a choice. The Federal Assault Weapons Ban that was passed - again, this has nothing to do with guns, magazine - no gun manufacturer to my knowledge had to close their doors. They can continue to sell their weapons. They can continue to sell magazines of ten rounds. They can continue to sell guns. No gun manufacturer closed their doors as a result of the Federal Assault Weapons Ban, which was far more restrictive than this legislation here. So, this does not have to be a choice. It’s not a choice about jobs here. It’s a choice, simply, of public 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 safety. And to close, Mr. Chair. To close, Mr. President. I would like to thank all the Members of the Senate. I’d like to thank the Ladies and Gentlemen who are present here today. I have two little boys. They’re six and three. And I love my kids. And I want them to live in a safe world. Everyone here in this Chamber has kids, has grandkids, has families, have people that they are concerned about, people that they love. You know, when I drop my kids off at school -- I drop my son, Nate, off at school, I wonder what it’s going to be like if someone comes into his school with a gun. I wonder what it’s going to be like. And we should be able to do whatever we can to protect them and keep them safe. But, as I said in the beginning, it’s really sad, it’s a really sad statement on our world that all we can hope for in this day and age is to minimize the damage, to minimize the risk, and to do whatever we can to save the lives that are at risk. Do the right thing. Vote Yes on this bill. It’ll keep us safer.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1007 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 31 voting Aye, 26 voting Nay, 1 voting Present. Senate Bill 1007, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go to page 26 on your Senate Calendar. Bottom of your Senate Calendar on page 26. Senate Bill 1047. Senator Silverstein. Senator Silverstein seeks leave of the Body to return Senate Bill 1047 to the Order of 2nd Reading for the purpose of amendment. Hearing 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1047. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein, to explain your amendment.
Thank -- thank you, Mr. President. This establishes the Commission on Hate Crimes. It sets the four-year terms for members. What it does is that anyone who’s appointed has to be - - come -- come through the Senate for advise and consent.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, Senator Silverstein moves adoption of Amendment No. 2 to Senate Bill 1047. 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 1047. Madam Secretary, read the bill.
Senate Bill 1047. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Senator Silverstein.
Mr. President, again, this is -- the amendment became the bill. This reestablishes the Commission on Hate Crimes. Sets a four-year term for the members. However, the only difference is that once they’re appointed they have to be approved by the advice and the consent of the Senate.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Brady.
Thank you, Mr. President. To the bill: I want to thank the sponsor for his cooperation in this effort. This deals with a commission where the Governor, in the past, in many of our opinions, has made very dangerous appointments to a commission that requires State funding. This reinstitutes the Senate’s constitutional right and your committee, Mr. President, to have oversight of this commission. I suggest an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Excellent. Any further discussion? Seeing none, the question is, shall Senate Bill 1047 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 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1047, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to turn on your Senate Calendar to page 30. Bottom of page 30. Senate Bill 1166. Senator Raoul. 1166. Senator Raoul. Senator Raoul, on - - out of the record. 1167. Senator Collins. Senator Collins 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 seeks leave of the Body to return Senate Bill 1167 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 1167. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Collins.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President. Floor Amendment No. 1 becomes the bill and I’m open to discuss that on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Collins moves adoption of Amendment No. 2 -- 1 to Senate Bill 1147 -- 1167. 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?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Collins.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins, to explain Amendment No. 2.
Thank you, Mr. President. Floor Amendment No. 2 clarifies that the Treasurer shall determine what would meet the definition of a high risk loan -- home loan. I’m sorry. High risk home loan.
PRESIDING OFFICER: (SENATOR HENDON) 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Is there any discussion? Seeing none, Senator Collins moves adoption of Floor Amendment No. 2 to Senate Bill -- 1167. 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 1167. Madam Secretary, read the bill.
Senate Bill 1167. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you. Basically, House - I’m sorry - Senate Bill 1167 authorizes the State Treasurer to accept a proposal from eligible institution that provides for interest earnings on deposits of State monies to be held by the institution in a separate account that the Treasurer may use to secure up to ten percent of any home loans that are made to refinance loans that meet the definition of a high risk home loan or that are expected to meet the definition of high risk home loan during the term of the loan. The genesis of this legislation is in the guidelines with the move across the country of the increase in foreclosure. This would assist and help those who might be facing foreclosure. I - - I want to note that there will be a minor change in the House 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 to deal with the definition. They had concerns and there will be a language change in the House.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Rutherford.
Thank you, Mr. President. Quick question for the sponsor, if I may.
PRESIDING OFFICER: (SENATOR HENDON) Indicates she will yield. Senator Rutherford.
Thank you, Mr. President. Senator Collins, we’ve got Amendment 3 that was filed. Obviously, it hasn’t been brought here. Is that the subject matter that you’re talking about will not be brought on here in the Senate, then you look to move it and clarify when we have the chance in the House?
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Yes. That is correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford.
Thank you, Mr. President. I stand in support of Senator Collins’ legislation in which she and I are cosponsors of. I look forward to working with her as we get it amended and bring it back here for concurrence in the Senate.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 1167 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1167, having received the required constitutional majority, is declared passed. Senate Bill 1173. Senator DeLeo. 1173. Top of page 31. Senate Bill 1184. Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 1184 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 1184. Madam Secretary, are there any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, to explain your amendment.
Thank you, Mr. President. 2 is the first of a series of three amendments. 2 will be entirely replaced by 3, but I understand, as a parliamentary order, we need to adopt them in order.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Harmon moves adoption of Amendment No. 2 to Senate Bill 1184. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Harmon. 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. Amendment No. 3 becomes the bill. It obviates what we just did with 2. We may or may not have needed to adopt 2, but 3 will replace it. I’m happy to talk about that on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Harmon moves adoption of Amendment No. 3 to Senate Bill 1184. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 4, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, on Amendment No. 4.
Thank you, Mr. President. Amendment No. 4 makes some modest changes to the bill, as amended by Amendment No. 3. They are all technical in nature and I’d prefer to talk about the bill as -- as a whole on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator -- Senator Harmon moves adoption of Amendment No. 4 to Senate Bill 1184. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1184. Madam Secretary, read the bill.
Senate Bill 1184. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1184 is very much still a work in progress. Folks are still upstairs on the sixth floor negotiating right now, I understand. But given our deadlines and the deadlines in the House, I would ask you to take the bill as in its current form and send it to the House. We have a good House sponsor who is willing to work with us to fix whatever needs to be fixed. The bill creates the Affordable and Clean Energy Standards Act. It enjoys broad bipartisan support. It does three things primarily. It creates energy efficiency standards that will mandate gradual reduction in use to two percent by 2015 for both gas and electric. It also creates a renewable portfolio standard to mandate that ten percent of our electric load comes from wind by 2015. It provides for rate recovery, but caps it at half a percent per program growing gradually to two percent, but will yield much greater cost savings to ratepayers over that time. We also extend the sunset on the renewable energy and coal technology trust funds to 2015. The primary objection remaining 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 is the cost implications to the gas utilities for the energy efficiency measures. We are working with them, with the Attorney General’s Office, with CUB, to come up with something that will work for all. There are also provisions in the bill on the decommissioning of wind farms that are Senator Jacobs’ provisions. I understand he may wish to move some of that separately. In which case, we’d take it out in the House. Thank you, Mr. President, for your indulgence in explaining a long and complicated bill.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Risinger.
Thank you, Mr. President. To the bill: I -- I just want to remind the Members of the Body that there are some mandatory things in this bill. The Senator has worked very hard. There’s several amendments to this bill to make it a better bill, but there’s still a possibility that there can be some rate increases due to the mandatory nature of -- of some of the components of this bill. And I want to make the Members aware of that. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall Senate Bill 1184 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 1184, having received the required constitutional majority, is declared passed. Senator Halvorson in the Chair. 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HALVORSON) With leave of the -- with leave of the Body, we’ll be going to Senate Bill 1230. Senator Cronin. Senator Cronin, on Senate Bill 1230. Madam Secretary, read the bill. Senator Cronin, excuse me for a moment. I skipped a bill. So, we need to go back to Senate Bill 1188. Senator Harmon. Senator Harmon, on Senate Bill 1188. No. Senator Cronin, now on Senate Bill 1230. Madam Secretary, read the bill.
Senate Bill 1230. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cronin.
Thank you very much, Madam President. I’m delighted to present this bill to you. This is one of those bills… In any event, this is one of those bills that actually came from an -- interested individual citizen. You know, one of those rare occasions where a citizen had an issue, brought it to my attention. I sat down with Senator Harmon and staff here and we crafted a bill that I think address some of the concerns and issues and the need to change the law in this area. This basically provides -- provides that the intent -- statutory custodial claim. The reason why I’m a little confused on this is because we included some of this language in a bill that Senator Harmon had passed earlier and so I think that what I’d like to do is maybe take this bill out of the record and talk to Senator Harmon so we can get our stories straight. Thank you. 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Cronin. Senate Bill 1230 is out of the record. Senator Delgado, on 1237. Senator Delgado. Madam Secretary, read the bill.
Senate Bill 1237. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
Thank you, Madam President, Members of the Chamber. On Senate Bill 1237, specifically it will make changes to the definition of health care services under the Act and prohibits a hospital that has furnished health care services to an uninsured patient from collecting more of -- the uninsured patient than a hundred ten percent of the Medicare reimbursement rate. It also further requires each hospital bill, invoice, or other summary of charges, where a determination of insurance coverage has not been made, to declare that an uninsured person is not required to pay for more than a hundred ten percent of Medicare reimbursement rates. And I would be more than happy to answer any questions and I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Radogno.
Thank you. Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield. 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
Senator, would this bill supersede the charity care policies that hospitals currently have in place?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
Not to my knowledge, but give me one second. Your question is, will it supersede, and that question I cannot answer for -- at the moment. I’m trying to get that information for you as we’re -- there we go.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
Yes, it…
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
Thank you, Madam President. A nice, wonderful staffer just entered my ear and informed me that, yes, it does supersede.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
My concern with that is that under current charity care policies, income is a consideration. And so, while we know that sometimes Medicare and Medicaid don’t pay adequately, by capping the amount they can charge people, even those individuals that can easily afford to pay the actual cost of their care, will -- the hospitals won’t be able to charge them, which will then result in more cost shifting onto private insurance companies and 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 other individuals. So, I -- I guess my -- the bottom line and we discussed this in committee, I voted No and would -- encourage others to consider voting No and to try to work on and improve the charity care policies that we have in place, as well as the reimbursements. I think that that would be a -- a more fine- tuned approach to the problem that -- that we’re trying to address here. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Burzynski.
Thank you, Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Thank you. Senator - and -- and just a follow-up to Senator Radogno’s, just for a point of clarification - I think I understand what you’re trying to do here, but if I have an -- this is not income-driven at all?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
Right. If you’re asking if there’s a ceiling on the -- on it, at this -- at the current writing, it is not -- has not. It does not have it. I, too, would want to do more work on this legislation and it would probably have to be over in the House. We have discussed this bill as to try and to figure out how the department would be able to, at least, to protect those folks who can’t pay, to make sure that we’re not just opening it up for 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 everyone else to just hop on for those who can pay. And I’m sensitive to that, and I’m encouraging an Aye vote so that we can continue to work on this in the House, and get this -- and -- and see exactly what can happen, moving in that direction, as to Senate Bill 1237.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Pankau.
Thank you, Madam President. There were some dissenting votes in the committee on this bill. The Hospital Association is against it, obviously. But there are some real situations. Some very wealthy people. If -- if the Queen of England, had she -- when she went to Kentucky, if she -- well, okay, if she’d gone to a horserace here in Illinois. If she had gotten sick and gone to an Illinois hospital, she could obviously afford to pay the full price, and yet she would only have to pay a hundred and ten percent of the Medicaid rate -- or, the Medicare rate. So, it’s the narrowing of this that we need to do. And I don’t know - a question to the sponsor - has he been able to get any kind of a - - a narrowing of -- of your proposal?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
Thank you. Very good question. No. As it stands now, nothing has changed since the last time you and I spoke about it, and at this stage, the -- the opposition on that remains. Again, your -- your example is also well-taken, in terms of the Queen of England. At this stage, the way this bill is written, in terms of the ceiling, she would be eligible too. And it is not the 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 intention of I, as the sponsor, to -- to -- to allow that, and at this stage, it -- I’m just presenting it in its entirety, and if the bill does move on, then there needs to be a lot of work to it. But your statements are -- are -- are well-founded. So, no, there has been no streamlining of this, to answer your question.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Pankau.
And is it your impression that there will be more streamlining over in the House, or -- or not?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
It is my intention to work with a sponsor from within my own caucus to be able to do exactly that, to steer that to -- in that direction so that we could have this dialogue. We have quite a few friends over there that -- that are interested in health care, to see exactly what can be done. I, too, picked this up very, very late. This was not my personal initiative. I agree with your findings, and I would like to see it moved through the system to create dialogue, and give assurances in the House, with -- with a bipartisan effort, to either continue it moving or stop it in its tracks at that juncture. This, I have to admit, came to me late in -- in the Session. I agreed to pick it up. I have to admit, it was not my initiative and I ran it as is.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Pankau.
Yes. To the bill, Madam President. I urge a No or a 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Present vote on this bill. Sometimes ideas come and they just aren’t quite right yet. The fact that a very wealthy person would be able to pay the rates of a person who is unable to pay is -- is something that we should take note of. Now, granted, all of us who have been in the hospital at one time or another and have asked for a detailed bill know that insurance companies don’t pay what the regular rates are. And then to have somebody go -- to have that hospital go back and hound that person day and night for those additional costs is an extreme burden and an added stress to a person who’s already been in the hospital. However, this bill needed to be narrowed. The focus of it needed to be narrowed. There needed to be income tests or some other type of thing. And I’m -- I’m afraid we’re running out of time. So, for right now, maybe we just need to hold this over till another time. I urge a No or a Present vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Syverson.
Thank you, Madam President. A question of the sponsor. In regards to some of the questions that have already been raised, I guess I just want to clarify. When -- when we’re going to look at both the -- as the examples that were given, the other issue would be those individuals that have very high deductible policies that are responsible to pay for the first five thousand or ten thousand of their coverages, which is becoming much more of a commonplace with the implementing of health savings accounts in Illinois. And so I guess when you’re looking to make clarifications, I think we ought to address the language of -- of those that have high deductible policies as well. But I guess to 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 get more of a specific answer to some of the questions that were raised. Are you saying that your agreement is that the legislation is not going to pass over there with this as it currently stands now, that there either will be some changes in it or that the bill will not be called? Is…
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
Yes. Thank you for that question. It is my intention, because I, too -- my intention is to protect the uninsured, those who are really the ones we’re talking about in our mind. An -- an inadvertent consequence of this legislation in the way it is written - I agree with the findings - that it does allow -- it has a large door. I was unable to get that work done here in this Chamber. I intend, if it moves through the Senate, it will go to the House and I will work with my sponsor there to make sure that we have this debate, put a ceiling on it, a -- an income -- a ceiling, and if not, then I, too, don’t want it to move, because I don’t want it to go for the unintended consequence of folks taking advantage of the system. I, too, will -- will advocate it stop at that juncture. I believe this is a great opportunity to shape this bill and continue that. And that is -- and that is my word to this Chamber, short of the fact that I don’t want to lose the -- the reason why we’re moving it and that is to protect the bulk, the rate. The bulk of it is the low -- underinsured and uninsured individuals who are getting hammered at home. So, yes, it is my intention.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson. 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
Thank you, Senator. Thank you for that answer. And unfortunately I guess maybe one more clarification, being in a room full of lawyers. When you say the word intent, are you saying that, yes, this bill will not pass over there as it is currently drafted today? Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Lightford.
Thank you, Madam Chairman. To the bill: I rise in support of this legislation and the sponsor’s intention on protecting those who cannot provide health services for themselves. And the Senator has stated that this bill will move over to the House with your support and he will continue to work on this legislation with the House sponsor. He has made the commitment and I hope that we would all honor that and vote Aye on this legislation and give it an opportunity to continue to have work, because it will ultimately help those who are uninsured or Medicaid recipients, allow them to also receive quality care. So, I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Righter.
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HALVORSON) …I didn’t hear you.
Will the sponsor yield, please, Madam President?
PRESIDING OFFICER: (SENATOR HALVORSON) 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Sponsor indicates he’ll yield.
Thank you. Senator Delgado, you made a comment a little bit earlier that I’m -- that I was a little puzzled by. You said that you picked this bill up late. And -- but it’s a Senate bill. Is it -- can you explain that comment? I -- I -- I got the impression from your comments that this is something that was kind of tossed into your lap and you haven’t had a chance to fix it or review it. I mean, can you -- can you clarify for the Body a -- a little more, please?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
In a nutshell, Senator Righter, I’ve had it long enough to do some work and to -- to focus on it. But, no, this was a piece of legislation that was brought to me to see if I could pick up and move. It came into -- I did -- I did pick this up late in the process. However, I’m very attracted to it. It’s an AFSCME initiative and it talks about helping those who are underinsured and uninsured. As to the previous -- one of the previous speakers that asked, my goal is to move this through the Senate, get it to the House, make sure that -- that the -- the utmost rich and elite cannot take advantage of the -- of the law, that we close that loophole, that we do not move it unless we do have that loophole closed, or at that point in time, I sever my relationship to it too. However, we don’t want to lose the underlying reason of why we’re moving it forward, and that is the bulk of Illinoisans who are underinsured or uninsured are being creamed at -- at their homes, through their pocketbooks, as to 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 being charged exorbitant prices by the hospitals, and we want to make sure we protect them. The -- the legislation was broad. We weren’t able to catch it here, but that’s what the process allows for, to move it to the next Chamber and continue to work there and hold it on 2nd, and that’s the commitment I’ve made for the fifth time here today on the Senate Floor.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
…you -- thank you, Madam President. Senator Delgado, can you tell me who’s going to carry the bill in the House and what the income threshold is that you’re going to have placed on the bill?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
I would first look to my colleagues in the -- in -- in -- within my caucus that I work with. I will work with AFSCME to determine who the best sponsor would be. And the discussions would be around the income threshold. At this stage, I would be anticipating and I think it’s premature. I don’t know what those conversations will entail. The good news about it is if we -- if we can’t close that loophole, I would be advocating not supporting the movement of this bill any further by any of my Democratic colleagues in the Senate Chamber. I anticipate going to my Representatives first, from my district, and move from there. And it may even be a bipartisan, as I worked very close with many of your Members on my Human Services Committee when I was the chairman in the House. 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
To the -- to the bill, please, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) To the bill.
Okay. Thank you. Thank you, Madam President. Ladies and Gentlemen of the Chamber, I have immense respect for the sponsor. He was a colleague of mine in the -- in the Illinois House and have ultimate confidence in his word as well. But the bill was filed in February and it’s been out of committee for the last month and a half. And the problem is, this is such a sensitive issue for all of us. We all know cost shifting goes on. We all know that. And we know that when cost shifting goes on, it makes it more expensive for individuals to insure themselves, it makes it more expensive for employers to provide health insurance for their colleagues and it makes it more expensive for us, as government representatives, to pay for health plans for State employees. So, we’ve got to have, I think, a better idea about what the limits around this program are going to be. Yes, we need to means test this program, and I’m afraid that letting this out of this Chamber now without any idea of what that might be is -- this is just too far significant of an issue to do that on. Madam President, I would reluctantly urge a No vote. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Thank you, Madam President. After indulging in such a wonderful spirited discussion here with my colleagues, it’s refreshing, ‘cause it gave me an opportunity to get up and articulate just a little bit today and loosen up these bones, as I’m continuing to age here. And I appreciate all my colleagues who are -- supportive. Talking to my -- to the sponsors of the legislation at this moment, we do want to continue to work on it. And at this moment, I’m just going to pull it from the record, continue these discussions, as I share some of the concerns. However, as a noble legislator and the statesman that I am, I’m always going to bring what the people ask me to bring forward, and -- and bring it to your attention, put a little sunshine on it and we’ll be back. We’ll pull it from record now and we’ll continue to work. I want to thank all the constructive input that was given to me regarding this particular Senate Bill 1237.
PRESIDING OFFICER: (SENATOR HALVORSON) Senate Bill 1237, out of the record. The bill will remain on 3rd Reading. With leave of the Body, we will be returning to Senate Bill 810. This is the bill that Senator Cullerton pulled out of the record while he could discuss it with Senator Lauzen. So, Madam Secretary, please read the bill.
Senate Bill 810. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
Yes. Thank you, Mr. -- Madam President and Members of the 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 Senate. Senator Lauzen had asked a question of me, and -- in order to answer the question properly, I took the bill out of the record. And I believe I can do that. I actually have a pension impact note on this bill because it does affect the Pension Code, the Cook County Pension Code that affects correctional officers when they have a heart attack in performance of their duties. The effect of the bill has minimum fiscal impact. Basically, if someone has a heart attack now, they’re -- enable -- they’re authorized to receive ordinary disability benefits. Under this bill, they would be able to receive duty disability benefits, and there are numerous other examples of -- in other pension codes that have this same statute - downstate fire and -- and police as well. So, with that, I believe there’s no opposition. And as I indicated, we’re still going to hold it in the House if the Cook -- the County of Cook has an objection, but for now, I’d like to pass the bill and be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Lauzen.
Thank you, Madam President. I would just like to thank Senator Cullerton for his thoroughness and his indulgence in running down the details. You know, there’s -- there’s no secret why he has such a -- an outstanding record as a -- a legislator and a Member of the Senate. I intend to vote Yes because it just makes sense that a person who suffers a heart attack or a stroke in the line of duty should have the appropriate pension level. So, thank you, Senator Cullerton.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 is, shall Senate Bill 810 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And Senate Bill 810, having received the required constitutional majority, is declared passed. Senator Link in the Chair.
PRESIDING OFFICER: (SENATOR LINK) There will be a Rules Committee immediately in the President’s Anteroom. Rules Committee immediately in the President’s Anteroom. Madam Secretary, Committee Reports.
Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Education Committee - Committee Amendment No. 1 to House Bill 913, Committee Amendment No. 1 to House Bill 1030, Committee Amendment No. 1 to House Bill 1330, Committee Amendment No. 1 to House Bill 1647, Committee Amendment No. 1 and 2 -- I’m sorry, 1, 2, and 3 to House Bill 1969; refer to Executive Committee - Committee Amendment No. 1 to House Bill 573, Committee Amendment No. 1 to House Bill 1455 and Committee Amendment No. 1 to House Bill 2304; refer to Financial Institutions Committee - Committee Amendment No. 2 to House Bill 497; refer to Insurance Committee - Committee Amendment No. 1 to House Bill 1319; refer to Judiciary- Civil Law Committee - Committee Amendment No. 1 to House Bill 830, Committee Amendment No. 1 to House Bill 1462, Committee Amendment No. 2 to House Bill 3393, and Committee Amendment No. 1 to House Bill 3627; refer to Judiciary-Criminal Law Committee - Committee Amendment No. 1 to House Bill 39, Committee Amendment 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day 5/9/2007 No. 1 to House Bill 1403 and Committee Amendment No. 1 to House Bill 1717; refer to Labor Committee - Committee Amendment No. 1 and 2 to House Bill 374, Committee Amendment No. 1 to House Bill 820, and Committee Amendment No. 1 to House Bill 1911; refer to Licensed Activities Committee - Committee Amendment No. 1 to House Bill 118, Committee Amendment No. 1 to House Bill 121, Committee Amendment No. 2 to House Bill 1423 and Committee Amendment No. 2 and 3 to House Bill 1947; refer to State Government and Veterans Affairs Committee - Committee Amendment No. 1 to House Bill 3490, Committee Amendment No. 1 to Senate Joint Resolution 29; and Committee Amendment No. 1 to Senate Joint Resolution 43. (Pensions and Investments Committee - Committee Amendment No. 1 to House Bill 1960; Revenue Committee - Committee Amendment No. 1 to House Bill 1519) (Committees/Measures within parentheses submitted in writing, but inadvertently not read into the record.) Senator Debbie Halvorson, Chairman. May 9th, 2007.
PRESIDING OFFICER: (SENATOR HENDON) Committees have been posted for this afternoon. Please act accordingly. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 1 p.m., tomorrow, May 10th, 2007. The Senate stands adjourned. 1 p.m. 62