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 Pastor Chad Pickering, Hope Evangelist {sic} (Evangelical) Free Church, here in Springfield, Illinois. Pastor.
(Prayer by Pastor Chad Pickering)
PRESIDING OFFICER: (SENATOR DeLEO) Please remain standing for the Pledge of Allegiance. Senator Maloney, to lead.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR DeLEO) Good morning, Senator Noland. For what purpose do you rise, sir?
Good morning, Mr. Chair, and thank you very much. Point of personal privilege, please.
PRESIDING OFFICER: (SENATOR DeLEO) State -- please state your point, sir.
Thank you. I am happy this morning to point out some visitors in the gallery, just above the Democrat side of the Chamber over here. These are the Whippurs from Hampshire Middle School from Hampshire, Illinois. I hope you all here will give them a nice round of applause. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Would our guests please rise and be recognized? Welcome to the Illinois State Senate. Welcome. Madam Secretary, Reading and Approval of the Journal, please.
Senate Journal of Thursday, May 17th, 2007.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter. Good morning, ma’am.
Good morning, Mr. President. I move that the Journal just read by the Secretary be approved, unless some Senators has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. …Secretary, Resolutions, please.
Senate Resolution 193, offered by Senators John Jones, Watson and all Members. Senate Resolution 194, offered by Senator Wilhelmi and all Members. Senate Resolution 195, offered by Senator Raoul and all Members. And Senate Resolution 196, offered by Senator Viverito, Emil Jones and all Members. They’re all death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Resolutions Consent Calendar. Madam Secretary, Committee Reports.
2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Crotty, Chairperson of the Committee on Local Government, reports Senate Amendment -- No. 1 to Senate Bill 831 recommend Do Adopt. Senator Munoz, Chairperson of the Committee on Transportation, reports Senate Amendment No. 1 {sic} (2) to House Bill 841 recommend Do Adopt. Senator Garrett, Chairperson of the Committee on Public Health, reports Senate Amendments 3 and 4 to Senate Bill 133, Senate Amendment No. 1 to Senate Bill 940, and Senate Amendment No. 1 to Senate Bill 942 recommend Do Adopt. Senator -- Senator Cullerton, Chairperson of -- Chairperson, and Senator Dillard, Co-Chairperson of the Committee on Judiciary-Civil Law, reports Senate Amendment No. 5 to House Bill 830 recommend Do Adopt. Senator Jacobs, Chairperson of the Committee on Housing and Community Affairs, reports Senate Amendment No. 1 to House Bill 369 recommend Do Adopt. Senator Wilhelmi, Chairperson of the Committee on Judiciary- Criminal Law, reports Senate Amendment No. 1 to House Bill 328, Senate Amendment No. 1 to House Bill 991, Senate Amendment No. 1 to House Bill 1289, Senate Amendment -- Senate Amendment Nos. 2 and 3 to House Bill 1641, Senate Amendment No. 2 to House Bill 3586 recommend Do Adopt. Senator Sullivan, Chairperson of the Committee on Agriculture and Conservation, reports Senate Amendment No. 1 to House Bill 1019, Senate Amendment No. 2 to House Bill 1300, and Senate Amendment No. 1 to House Bill 3721 recommend Do Adopt. Senator Raoul, Chairperson of the Committee on Pensions and Investments, reports Senate Amendments No. 1 and 2 to House Bill 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 804 recommend Do Adopt. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports Senate Amendment No. 1 to Senate Bill 877, Senate Amendment No. 1 to Senate Bill 1041, Senate Amendment No. 3 to Senate Bill 1400, Senate Amendment No. 2 to House Bill 277, -- Senate Amendment No. 1 to House Bill 1011, Senate Amendment No. 1 to House Bill 1292, Senate Amendment No. 2 to House Bill 3729, and Senate Amendment No. 1 to House Bill 3730 recommend Do Adopt. Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Amendment No. 1 to Senate Joint Resolution 39 and Senate Amendment No. 1 to House Bill 3463 recommend Do Adopt. Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment No. 1 to Senate Bill 778, Senate Amendment No. 1 to Senate Bill 1011, and Senate Amendment No. 2 to House Bill 1455 recommend Do Adopt. Senator Ronen, Chairperson of the Committee on Licensed Activities, reports Senate Amendment No. 3 to House Bill 1423 and Senate Amendment No. 4 to House Bill -- I’m sorry, Senate Amendment No. 4 to House Bill 1947 recommend Do Adopt. Senator Meeks, Chairperson of the Committee on Human Services, reports Senate Amendment No. 1 -- I’m sorry, Senate Amendment No. 2 to House Bill 570 and Senate Amendment No. 1 to House Bill 652 recommend Do Adopt. And Senator Maloney, Chairperson of the Committee on Higher Education, reports Senate Amendment No. 1 to Senate Bill 856 recommend Do Adopt.
PRESIDING OFFICER: (SENATOR DeLEO) 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 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 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 980. We have received like Messages on House Bills 1534, 1728, 2017, 2913, 3106, 3256, 3270, 3508, 3569 and 3675. All passed the House, May 17th, 2007. Mark Mahoney, Clerk of the House. I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 11. Offered by Senator Lightford. Adopted -- adopted by the House, April 24th, 2007. Mark Mahoney, Clerk of the House. I have a Message for the Governor by Joseph B. Handley, Deputy Chief of Staff for Legislative Affairs, dated May 18th, 2007. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 95th General Assembly - I have nominated and appointed the following named persons to the offices enumerated below and respectfully -- ask concurrence in and confirmation of these appointments of your 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Honorable Body. Rod Blagojevich, Governor.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, House Bills 1st Reading, please.
House Bill 31, offered by Senator Bomke. (Secretary reads title of bill) House Bill 472, offered by Senator Hultgren. (Secretary reads title of bill) House Bill 980, offered by Senator Ronen. (Secretary reads title of bill) House Bill 1040, offered by Senator Cronin {sic} (Crotty). (Secretary reads title of bill) House Bill 1450. An Act concerning… I’m sorry. House Bill 1450, offered by Senator Haine. (Secretary reads title of bill) House Bill 1534, offered by Senator Delgado. (Secretary reads title of bill) House Bill 1627, offered by Senator Brady. (Secretary reads title of bill) House Bill 1728, offered by Senator Lightford. (Secretary reads title of bill) House Bill 3270, offered by Senator Cronin. (Secretary reads title of bill) House Bill 3508, offered by Senator Maloney. (Secretary reads title of bill) And House Bill 3569, offered by Senator Forby. (Secretary reads title of bill) 1st Reading of the bills. 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR DeLEO) The Associated Press requests to take still photos. Seeing no objection, leave is granted. Okay. Ladies and Gentlemen, Members of the Senate, I’d ask you to go to page 46 of your Calendar. We’ll go to House Bills 2nd Reading. Page 46 in your Calendar. On the bottom of page 46 of your Calendar is House Bill 9. Senator Haine. Madam Secretary, please read the bill.
House Bill 9. (Secretary reads title of bill) 2nd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Forby. Good morning, sir. What purpose are you seeking recognition?
Personal point of privilege.
PRESIDING OFFICER: (SENATOR DeLEO) State your point, sir.
Today I have a group of kids and a teacher here in my district from Galatia, Illinois. They’re from the fifth and sixth grade. I would like to get -- make sure they get a nice welcome from their -- our Senator here.
PRESIDING OFFICER: (SENATOR DeLEO) 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Would our guests please rise and be recognized? Welcome to the Illinois State Senate. Welcome to Springfield. Okay. Ladies and Gentlemen, continuing on House Bills 2nd Reading. We go to page 47 under your Calendar. On the top of page 47 is House Bill 17. Senator Carol Ronen. Madam Secretary, please read the bill.
House Bill 17. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 29. Senator Demuzio. Senator Deanna Demuzio, on House Bill 29, ma’am. Out of the record. House Bill 50. House Bill 50. Senator Kirk Dillard. Madam Secretary, please read the bill.
House Bill 50. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 118. Senator Sullivan. Senator John Sullivan. House Bill 118, sir. Out of the record. Senator Peterson, on House Bill 170, sir. Madam Secretary, please read the bill.
House Bill 170. (Secretary reads title of bill) 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. House Bill 192. Senator Don Trotter. Senator Don Trotter, on House Bill 192, sir. Out of the record, Madam Secretary. House Bill 217. Senator Sieben. Senator Sieben. Madam Secretary, please read the bill.
House Bill 217. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 263. Senator Link. Senator Terry Link, on House Bill 263, sir. Madam Secretary, please read the bill.
House Bill 263. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. House Bill 316. Senator James Clayborne. House Bill 316. Senator James Clayborne. Madam Secretary, please read the bill.
House Bill 316. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 334. House Bill 334. Senator Althoff. Out of the record. Senator Munoz. Senator Munoz, on House Bill 358, sir. Out of the record. House Bill 374. Senator Link, on 374, sir. Madam Secretary, please read the bill.
House Bill 374. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Labor adopted Committee Amendment No. 2 {sic} (1 and 2).
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, Madam Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 411. Senator Haine, on House Bill 411, sir. Senator Haine, on 411, sir. Out of the record, Madam Secretary. House Bill 497. Senator Link. House Bill 497. Senator Link. Out of the record, Madam Secretary. Senator Righter, on 539, sir. Senator Righter, on 539. Madam Secretary, please read the bill.
House Bill 539. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Ladies and Gentlemen, turn your Calendars to page 48. On the top of page 48 is House Bills 2nd Reading, is House Bill 624. Senator Munoz. Senator Munoz. Out of the record, Madam Secretary. House Bill 663. Senator Althoff. Senator Pam Althoff, on 663. Out of the record. Senator Demuzio. Senator Demuzio, on House Bill 670, ma’am. House Bill -- Madam Secretary, please read the bill.
House Bill 670. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 699. Senator Koehler. Out of the record. House Bill 743. Senator Link. House Bill 743. Senator Link. Out of the record, Madam Secretary. Senator Link, on House Bill 928, sir. Senator Terry Link, on House Bill 928, sir. Out of the record, Madam Secretary. Senator Maloney. Senator Maloney, on 982, sir. Out of the record. Senator Sandoval. Senator Sandoval, on 1009. Senator Sandoval, on House Bill 1009. Out of the record, Madam Secretary. Senator Bond. Senator Bond. Madam Secretary, please read the bill. House Bill -- House Bill 1011, Madam Secretary.
House Bill 1011. (Secretary reads title of bill) 2nd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Bond. Madam Secretary, has there been any Floor amendments approved for consideration?
…Mr. -- yes, Mr. President. Floor Amendment No. 1, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Bond, on the Floor Amendment No. 1 to House Bill 1011, sir.
The -- House Bill 1011 is an amendment that adopts a -- a previous bill that we passed in here -- Senate Bill 680, a net metering bill.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, Senator Bond moves the adoption of Floor Amendment No. 1 to House Bill 1011. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment’s adopted. Has there been any other Floor amendments approved for consideration, Madam Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Continuing on House Bills 2nd Reading is House Bill 1058. Senator Sandoval. Out of the record. Senator Halvorson, on House Bill 1074, ma’am. Senator Debbie Halvorson, on -- Senator Halvorson, on 1074, ma’am. Out of the record. Senator Pankau, on 1089, ma’am. Madam Secretary, please read the bill. Correction. That’s House Bill 1289. House Bill 1289 and then… Madam Secretary, please read the bill.
12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 House Bill 1289. (Secretary reads title of bill) 2nd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Pankau.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau, to explain Floor Amendment No. 1, ma’am.
Senate Amendment 1 clears up the wording in the bill and makes it not as cumbersome as it was when it came over from the House.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Seeing no discussion, Senator Pankau moves the adoption of Floor Amendment No. 1 to House Bill 1289. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Crotty, on House Bill 1423, ma’am. Madam Secretary, please read the bill.
House Bill 1423. 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 (Secretary reads title of bill) 2nd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) …been any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 3, offered by Senator Crotty.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Crotty, to explain your amendment, ma’am.
Thank you very much. When we had Senate Bill 259 pass out of the Senate, I said that there was going to be some work in the House and these are the new language added to the bill. It exempts institution of higher learning and municipalities from being required to have elevator contractor license. It also just clarifies language through the Act to make it consistent with the model Act. Makes no substantive changes in -- in those instances. It also clarifies some code references relating to the relevant equipment. It extends emergency and -- licensure provisions from thirty to sixty days. The Elevator Safety Board shall adopt the latest edition of standards within six months of the effective date of those standards. And it reduces the fine from fifteen hundred dollars to a five-hundred-dollar fine. And it deletes special -- purpose personnel elevator exemption, which was not part of the model Act.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Crotty moves the adoption of Floor 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Amendment No. 3 to House Bill 1423. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Has there been any further Floor amendments approved for consideration, Madam Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Wilhelmi, on 1491, sir. House Bill 1491. Out of the record. Ladies and Gentlemen, turn your Calendars to page 49. Continuing on House Bills 2nd Reading on the top of page 49 is House Bill 1514. Leader Watson. Leader Watson, on 1514, sir. Out -- out of the record. Senator Halvorson, on House Bill 1542, ma’am. Out of the record. Senator Watson. Leader Watson, on House Bill 1656, sir. Madam Secretary, please read the bill.
House Bill 1656. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. With leave of the Body - Ladies and Gentlemen - with leave of the Body, we’ll return to page -- the top of page 49. House Bills 2nd Reading is House Bill 1514. Leader Watson. Madam Secretary, please read the bill.
House Bill 1514. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Madam -- Senate -- House Bills 2nd Reading, on the page 49 of your Calendar, is House Bill 1756. Senator John Cullerton, on House Bill 1756, sir. Senator John Cullerton. Madam Secretary, please read the bill.
House Bill 1756. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Halvorson, on House Bill 1795. Senator Halvorson, on 1795. Madam Secretary, please read the bill.
House Bill 1795. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 1822. Senator Link, on House Bill 1822, sir. Madam Secretary, please read the bill.
House Bill 1822. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Thank you. 3rd Reading. Senator Maloney, on 1835, sir. Out of the record, Madam Secretary. Senator Dillard. Senator Kirk Dillard, on 1855. Senator Dillard. Madam Secretary, please read the bill.
House Bill 1855. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 1876. Senator Link. Senator Link, on 1876. Madam Secretary, please read the bill.
House Bill 1876. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator James Clayborne, on 1888. Senator James Clayborne, on 1888, sir. Madam Secretary, out of the record. Senator Dillard, on House Bill 1900. Madam Secretary, please read the bill.
House Bill 1900. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Terry Link, on 1917, sir. 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Madam Secretary, please read the bill.
House Bill 1917. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Millner, on House Bill 1979. Senator John Millner. Good morning, -- Senator Millner. How are you, sir? Nice to see you. Madam Secretary, please read the bill.
House Bill 1979. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Ladies and Gentlemen, turn your Calendars to page 50. Page 50 of your Calendar. On the top of page 50 is House Bills 2nd Reading. House Bill 2106. Senator Demuzio, on 2106, ma’am. Out of the record. Senator Demuzio, on 2179. Senator Demuzio, on 2179, ma’am. Out of the record. Senator Link. Senator “Waldo” Link. 3383, sir. Madam Secretary, please read the bill.
House Bill 3383. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Dillard, on 3395, sir. Madam Secretary, please read the bill.
House Bill 3395. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 3434. Senator John Cullerton. Senator John Cullerton, on 3434, sir. Madam Secretary, read the bill.
House Bill 3434. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 3586. Senator Watson. Senator Watson, on 3586. Senate -- on -- Madam Secretary, please read the bill.
House Bill 3586. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, Madam Secretary?
19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Floor Amendment No. 2, offered by Senator Watson.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Watson, to explain Floor Amendment No. 2 to the bill, sir.
Yes. Thank you, Mr. President. This bill is -- this amendment is technical and it deals with the circuit court clerks.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Watson moves the adoption of Amendment -- Floor Amendment No. 2 to House Bill 3586. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Trotter, on House Bill 3627. Senator Don Trotter, on 3627. Senator Link, on 3649, sir. Madam Secretary, read the bill.
House Bill 3649. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Viverito. Senator Viverito, on 3658, sir. Senator Viverito. Madam Secretary, 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 please read the bill.
House Bill 3658. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Althoff, on House Bill 3728, ma’am. Madam Secretary, please read the bill.
House Bill 3728. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. House Bill 3730. Senator Murphy. Senator Murphy, on House Bill 3730, sir. I’m sorry, I couldn’t see you. There was some blockage in the visual. Madam Secretary, please read the bill.
House Bill 3730. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Murphy. 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy, on Floor Amendment No. 1 to House Bill 3730, sir. On the amendment -- to the amendment, sir.
Thank you, Mr. -- Mr. President. We -- we -- I had been requested to add a definition of “reasonable suspicion” to the underlying bill. We went and got a Supreme Court case definition of “reasonable suspicion” that was shown to the members of the Education Committee; add it into the bill. That’s all the amendment does.
PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, Senator Murphy moves the adoption of Floor Amendment No. 1 to House Bill 3730. All those in favor will say Aye. All those opposed will say Nay. And the Ayes have it. The amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Okay. Ladies and Gentlemen, with leave of the Body, I’d ask you to go -- we’re going to go to House -- continue on House Bills 2nd Reading. There’s going to be a recall. We will have leave of the Body to go back to page 48 of your Calendar. Senator Sandoval, on 1009. Madam Secretary -- Madam Secretary, House Bills 2nd Reading. We’ll return to the Order. On page 48 will be House Bill 1009. Please read the bill.
House Bill 1009. 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Ladies and Gentlemen, still with leave of the Body, we’ll return to House Bills 2nd Reading. On page 48 is House Bill 1058. Senator Sandoval. Madam Secretary, please read the bill.
House Bill 1058. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, Madam Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Chicago Tribune is seeking leave of the Body to take still pictures. Seeing no objection, leave is granted. Senator Righter, for what purpose you seek recognition, sir?
Thank you, Mr. President. For purposes of announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.
The Senate Republicans would request a caucus immediately in 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Watson’s Office, Mr. President. Half hour, please.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. That order is always -- request is always in order. The Senate Republicans ask for a caucus immediately in Leader Watson’s Office. The Senate will stand in recess to call of the Chair at the hour of 11:30. We will stand -- the Senate will stand in -- in recess to call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) Senate will come to order. All Members within the sound of my voice, please return to the Senate Floor. All Members, please return to the Senate Floor. We will be going to House Bills 3rd, final passage, immediately. House Bills 3rd Reading, final passage. All Members, please report to the Senate Floor. Okay. Ladies and Gentlemen, the Senate will come to order. We will turn -- we -- where we left off yesterday on House Bills 3rd Reading, final passage. We will turn to the bottom of page 43 of your Calendar. On the bottom of page 43 of your Calendar is House Bills 3rd Reading. House Bill 2783. Senator John Jones, do you wish to proceed, sir? Madam Secretary, please read the bill.
House Bill 2783. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jones. 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
Thank you, Mr. President. House Bill 2783 amends the Vehicle Code. Authorizes the Secretary of State to issue Korean Service license plates. There’s a fifteen dollar additional fee on all special license plates. Of that fifteen dollars, two dollars of that will go in -- and be in -- deposited into the Korean War Memorial Construction Fund.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Ladies and Gentlemen, the question is, shall House Bill 2783 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 50 Ayes, 20 {sic} (2) Nays, 0 voting Present. House Bill 2783, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, continuing on House Bills 3rd Reading on the top of page 44 in your Calendar is House Bill 2786. Senator Silverstein, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the bill.
House Bill 2786. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Silverstein, to the bill, sir.
Thank you, Mr. President. This amends the Insurance Code. It prohibits an insurance company from discriminating against an 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 individual for their future travel plans or their past travel plans -- experiences.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 2786 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 2786, having received the required constitutional majority, is declared passed. Senator Delgado, on House Bill 2787. Senator Willie Delgado, on… Out of the record, Madam Secretary. House Bill 2808. Senator Delgado. Out of the record, Madam Secretary. House Bill 2858. Senator Wilhelmi, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 2858. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi, to the bill, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2858 expands the offense of indecent solicitation of a child to include knowingly discussing acts of sexual conduct or sexual penetration with a child via the Internet with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 sexual assault of a child or aggravated criminal sexual abuse be committed. The penalty is a Class 4 felony. And I want you to know that right now the law -- there is a law on the books for indecent solicitation of a child, but you have to be face to face with the child. In today’s world, there are predators out there that are doing terrible things by having discussions over the Internet with children, and it’s just as bad as if they were standing right in front of that child. They’re talking about sexual -- penetration, sexual conduct, and it’s a -- it’s a terrible, terrible reality, but we have to deal with reality. We have to pass this law, protect our children and make sure the -- the Internet is a safe place for our kids to learn and not a place where predators can go and -- and -- and -- and have terrible conversations with our children. I’ll be happy to answer any questions and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 2858 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 2858, having received the required constitutional majority, is declared passed. House Bills 3rd Reading. House Bill 2918. Senator Jacobs. Senator Mike Jacobs, on House Bill 2918. Senator Jacobs. Madam Secretary, read the bill.
House Bill 2918. 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs, to the bill, sir.
Thank you, Mr. President. House Bill 2918 amends the tax increment to allow the City of Galesburg to spread -- spread out their repayment. They’ve been hit very hard by the closing of Maytag. I know of no opposition and I’ve had a lot of strong support on the other side of the aisle. And I greatly appreciate your support for this important economic development project. Senator Raoul, you may want to vote for this, as it could create jobs in your district.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, seeing no discussion, the question is, shall House Bill 2918 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 52 Ayes, 0 voting Nay, 0 voting Present. House Bill 2918, having received the required constitutional majority, is declared passed. House Bill 2920. Senator -- Syverson. Senator Syverson, I’m sorry. Senator Syverson. Madam Secretary, read the bill.
House Bill 2920. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Syverson.
Thank you, Mr. President. This legislation just clarifies that municipalities that hire police officers over the age of thirty-five, as long as they have experience, whether that experience is in the State or out of the State, will be credited for them. I know of no opposition.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 2920 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 2920, having received the required constitutional majority, is declared passed. House Bill 3091. Senator Hultgren, do you wish to proceed? Out of the record. Senator Holmes, on 3131, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, please read the bill.
House Bill 3131. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes, to the bill, ma’am.
Thank you, Mr. President. House Bill 3131 provides that the Secretary of State shall suspend the driving privileges of any 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 person who is placed on court supervision for a violation of illegal consumption or possession of alcohol by a minor for a period of three months. Basically, this bill just strengthens the fight on underage drinking. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 3131 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 3131, having received the required constitutional majority, is declared passed. House Bill 3132. Senator Forby, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the bill.
House Bill 3132. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby, to the bill, sir.
Thank you, Mr. President. This is the Handicapped Veteran plates. This bill provides the Disabled Veterans’ license plates that are currently offered shall be offered to veterans with a hundred-percent disability. The bill also creates a handicapped license plate for veterans less than one-hundred-percent disability. I don’t know of any opposition on this bill and I 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any… Senator Rutherford, for what purpose do you rise, sir?
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Thank you, Mr. President. Senator, does this create a new specialty plate or this just takes existing plates and makes them available for handicapped veterans?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby.
It -- it creates new plates because it’s less than a hundred-percent disability -- for people that’s less than a hundred-percent disability.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.
So, is this a specialty plate like for Rotarians and the like where it’s a fundraiser license plate or this is taking our existing plate structure and making a broader application for those that are less than a hundred-percent handicapped?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby.
This is a -- new license plates for veterans’ handicaps - 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 brand-new.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, seeing no further discussion, the question is, shall House Bill 3132 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 52 Ayes, 0 -- 2 voting Nay, 0 voting Present. House Bill 3132, having received the required constitutional majority, is declared passed. House Bills 3rd Reading. On the middle of page 44 is House Bill 3165. Senator Frerichs, do you wish to proceed, sir? Out of the record. You want… Out of the record. House Bill 3327. Senator Holmes, do you wish to proceed, ma’am? She indicates she wishes to proceed. Madam Secretary, read the bill.
House Bill 3327. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes, to the bill, ma’am.
Thank you, Mr. President. House Bill 3327 amends the School Code just to include the consequences of drinking and driving as part of the safety education curriculum. Right now the automobile safety includes traffic regulations and highway safety. We simply want to add the consequences of drinking and driving.
PRESIDING OFFICER: (SENATOR DeLEO) 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 3327 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 3327, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, we’ll return to House Bills 3rd Reading to 3165. Senator Frerichs, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 3165. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs, to the bill, sir.
Thank you much, Mr. President. That is a nice tie you’re wearing today. House Bill 3165 clarifies that no child less than sixteen years old shall be employed, permitted or allowed to work in occupations that involve the handling or storage of human blood, human blood products, human body fluids or human body tissue. This is in response to the Veterinary -- Medical Association. An important part of their practice is in getting young people involved and interested, is having minors - fourteen-, fifteen-, sixteen-year-olds - working in their practices. This would allow that. It’d be a clarification, and 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 I request a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Hultgren, for what purpose you rise, sir?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Real quickly, we did have a good discussion in the Labor Committee on this bill. It’s a little bit confusing when you look at the title of the bill, but I do think everybody on the Republican side in committee supported it. I think it is a good program that’s set up. There’s plenty of safety measures for young people who are fifteen/sixteen year old -- years old. And it seems like, really, the clear intent was to protect from human blood and potential of contamination there, which obviously wouldn’t be a concern in a -- a veterinarian’s office. So, we did support it, but wanted just to kind of highlight so Members of our side of the aisle understood this a little bit more.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you very much. Senator Frerichs, to close, sir.
I have nothing more to say. Thank you very much, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Seeing no further discussion, Ladies and Gentlemen, the question is, shall House Bill 3165 pass. All those in favor will 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 52 Ayes, 0 voting Nay, 2 voting Present. House Bill 3165, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading, on the bottom of page 44 of your Calendar is Senate Bill -- House Bill 3382. Senator Wilhelmi, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the bill.
House Bill 3382. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi, to the bill, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3382 provides that a defendant who has previously been required to register under either the Sex Offender Registration Act or under the Child Murderer and Violent Offender Against Youth Registration Act, who thereafter becomes required to register under either of the Acts, shall be required to register for the remainder of his or her natural life. There are two separate statutes. If you are an offender of one, you have to -- the way it is now, you have to be an offender on that same statute a second time before you’re required to register for life. Under this bill, either -- either charge would make you register for life a second time. I’d be happy to answer any 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 3382 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 3382, having received the required constitutional majority, is declared passed. House Bill 3393. Senator Raoul, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the bill.
House Bill 3393. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul, to the bill, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3393 amends the State Finance Act to create the Married Families Domestic Violence Fund as a special fund in the State treasury. Subject to appropriation and approval by the Attorney General, the monies in the fund must be used as grants to public or private non-profit agencies solely for the purposes of facilitating or providing free domestic -- violence legal advocacy, assistance, or services to married or formerly married victims of domestic violence. I urge your support and I’ll yield 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 to any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Lauzen, for what purpose you seek recognition?
Thank you, Mr. President. A question for the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. Senator Lauzen.
Do I understand the -- this legislation correctly, that there’s going to be a fee put onto -- like the -- the process of getting a marriage license and being able to move forward on a -- on a marriage, that a fee is going to be placed on that in order to -- on all marriages in order to help fund where there’s violence in some marriages?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.
Yes, the -- the fee would be on marriage licenses, which would apply to all marriages, for a domestic violence legal advocacy fund.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.
Then let me ask you the question, and I -- I’d ask you to -- to respond to this, that I’ve been asked about this bill. A person asked me - who I respect - asked me why would or should 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 good marriages have to pay for potentially violent ones?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.
You know, we -- we fund all sorts of different programs with -- with all taxes that we pay. And that we fund our criminal justice system with the funds paid by each taxpayer, doesn’t mean that each taxpayer has committed some criminal act. So under that same philosophy, what we’re trying to do is help victims of domestic violence, which I hope that every Member in this Chamber would want to do that, notwithstanding the fact that the Members of this Chamber might not engage in domestic violence or might not be victims of domestic violence. And so it would be that philosophy that would support charging these fees on -- on marriages.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Righter, for what purpose you seek recognition?
Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Senator Raoul, it’s -- I -- and I was obviously not in committee when this was presented. It’s my understanding, 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 however, that previously, either as a part of the bill or in an amendment that was going to be put on the bill, there was language that would have provided for protection against sweeps for this fund. So I guess a two-part question: One, is there language as the bill is being presented now that protects from fund sweeps? Second, if there is not, why not?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.
No, there’s no such language, but we feel pretty confident that the -- the -- that the fund would be left alone.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Well, I appreciate that, Senator Raoul, and I think all of us have had an abundance of confidence that certain things wouldn’t be swept - newborn screening fees and other issues like that - and they wound up being swept. So, I guess, why isn’t there language on there explicitly to protect that, Senator Raoul? I mean, if you’re going to go the step of telling couples who are going to get married that they’re going to pay more, is it that much farther to go to say, “and we’re going to put a little insurance in here to make sure that it’s not taken for other purposes”?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.
You know, in each bill, there -- there -- there can always be language slapped onto it to protect against our fears, but, 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 you know, I -- I try to keep the -- the bills that I introduce limited in the -- in the language. Our Codes are so -- are -- are -- are so expansive already that, you know, I have confidence that the -- the fund will not be touched.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Righter.
…bill, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Thank you. I appreciate, first, Senator Raoul’s concern for the fact that the Illinois Compiled Statute volumes are getting too thick, and that’s why he decided we shouldn’t have language in there protecting this important fund from being swept. Having said that, I think this fund clearly should have that language in there. We’ve all seen instances where have there been -- there have been sweeps in funds in the State treasury, where we all rolled our eyes or shook our heads and said, “Wow, why would we allow for that?” And I think if this doesn’t have that kind of language, we are walking exactly down that road with this -- with this particular fund. And so for those Members who are considering voting for this and you’re concerned about where the money is going to go, I would urge caution. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Dillard.
Thank you, Mr. President. I very reluctantly rise in 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 opposition to this bill. I voted for it in committee primarily as a favor to the sponsor - whom I consider a good friend and somebody that I very much respect - to help him get it out. But upon further reflection, Senator Carl Hawkinson, who represented his area of western Illinois for years and used to be the Chairman of the Judiciary Committee, always, always had problems with a tax on marriage. And this is a tax on marriage, and Senator Hawkinson harped, for those of us who are on that committee, for years that taxes on marriage are a bad thing. And I understand Senator Raoul’s nexus here, and I’m somewhat sympathetic. But without the sweeping or anti-sweeping of fund provision in here, I just don’t think it’s worth taking the risk. You know, the back of my money may say “In God We Trust”, but in Rod I do not trust. And until we get some type of assurance that a tax on marriage will not be swept for some other purpose I might not agree with - and I certainly think combating domestic violence is a very worthy cause - I’m not willing to make this commitment and I’m going to change my vote from a Yes in committee to a No here on the Floor. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Further discussion? Senator Murphy.
Thank you, Mr. President. To the bill. I applaud…
PRESIDING OFFICER: (SENATOR DeLEO) …bill, sir.
I applaud the sponsor for his attempt at funding this very worthy cause. I -- I applaud the groups -- behind it for their creativity in trying to get themselves the funds they need to 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 fight this scourge. But I think it’s -- I -- I think it’s rather shameful that, frankly, we have pushed these groups into this level of creativity to get the funds they need to stop domestic violence. This is estimated to raise about nine hundred thousand dollars. This ought to be a line item in the Attorney General’s budget in this year’s budget so that they can fund this program properly without a tax on marriage. What you’re hearing from this side of the aisle and, frankly, I think from many on the other side of the aisle, is we support the program, we support the level of funding, we’re opposed to a marriage tax as a means to do it. It’s reprehensible that they need to go to these -- these Legislative gymnastics to actually get this money. So I, unfortunately, am now also in a position to urge a No vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Carol Ronen. Good afternoon, Senator. How are you?
Good afternoon, Mr. President. I’m very well. Thank you. It’s good to see you.
PRESIDING OFFICER: (SENATOR DeLEO) …purpose do you rise, ma’am?
I -- I -- I rise in support of this piece of legislation and I want to thank Senator Raoul for putting this forward. And I just want to say to the -- people, you can’t have it both ways here. You can’t say you support the services that this small fee increase will provide and then not vote for this bill. You can’t say you support the groups who have come up with this plan, not who were forced into this plan, but have come together to say 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 this is a commonsense way to raise revenue for a very, very needed service. And we’re not talking about a big tax increase. Let’s be clear here. We’re talking about a five-dollar increase on a marriage license; a fee that hasn’t been raised in a long time. So if you’re against domestic violence, if you think it’s wrong, if you support the women’s organizations and the domestic violence shelter and the antiviolence groups that have been working so hard on this bill with Senator Raoul, then the only way you can vote is to vote Aye. So I would ask all my colleagues to join Senator Raoul in this very important bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator John Cullerton.
Yes, thank you, Mr. President, Members of the Senate. Obviously, I’m -- I’m supportive of the bill, but the -- the comments about the tax on marriage reminded me of -- of something that -- there was a bill that I sponsored a few years ago that passed with forty-one votes here, which was an unusual coalition of divorce lawyers and Christian right-type organizations, that actually imposed a thirty-day waiting period before you got married to discourage people from getting married who had not really thought through the -- their decision, and actually, kind of - you could avoid the thirty-day waiting period if -- if you had had some kind of training with a minister, like the Pre-Cana that the Catholic Church offers - under the recognition that some marriages should not be entered into. And the actual divorce rate would be lower if we didn’t have some of those marriages. So I -- I would just say that if there’s a fifteen-dollar fee 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 that’s added to a marriage certificate and that’s a reason why you wouldn’t get married, because now it’s going to cost fifteen dollars more, maybe that’s a marriage that you shouldn’t be entered into in the first place. The other thing was that at the committee, someone testified that marriages now are really expensive. They cost like ten thousand dollars, okay, for a marriage. When -- when Senator DeLeo’s daughter gets married, the cake is going to cost ten thousand dollars. So I don’t think that it’s really a tax on a marriage. Come on, it’s not a tax on a marriage. The -- the fact is that the bill as originally drafted was probably unconstitutional. I’m very cognizant of Senator Hawkinson’s views that we should not pass unconstitutional fees. This one is so directly related to the benefit that it is constitutional and we ought to vote for it.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Any further discussion? No further discussion. Senator Raoul, to close, sir.
Thank you. And -- and -- and I appreciate the sentiments of -- of all who has spoken to this bill. And what -- what I think I’ve heard consistently from both those who say that they’re now opposing the bill, while they voted for it in committee, and those who spoke on -- on my side of the aisle, is that -- that this is a worthy cause. And five dollars - five dollars - on a - - on a - five dollars - on a marriage license fee is what we’re talking about here. Five dollars. And if -- if these domestic violence legal advocates, who do good work, very good work, are not worth the five dollars, you explain it to your voters. I urge a Aye -- Aye vote. 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR DeLEO) …you. Ladies and Gentlemen, the question is, shall House Bill 3393 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 36 Ayes, 17 Nays, 2 voting Present. House Bill 3393, having received the required constitutional majority, is declared passed. Senator Munoz, for what purpose do you seek recognition, sir?
…you, Mr. President. For the point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
Ladies and Gentlemen of the Senate, today I have with me, here in the gallery, Brighton Park Neighborhood Council and Kelly High School from my district. I’d like to welcome them.
PRESIDING OFFICER: (SENATOR DeLEO) Guests please rise and be recognized and welcome to the Illinois State Senate. Welcome to Springfield. …Ladies and Gentlemen, continuing on House Bills 3rd Reading, we will turn to page 45 of your Calendars. On the top of page 45 is House Bill 3394. Senator Holmes, do you wish to proceed, ma’am? She indicates she wishes to proceed. Mr. Secretary, please read the bill.
House Bill 3394. (Secretary reads title of bill) 3rd Reading of the bill. 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes, to the bill, ma’am.
Thank you, Mr. President. Basically, this legislation, it creates the smart city investment fund and it was also my green city bill. Both of these bills passed out of here without any opposition. The House just took the smart cities and the green cities bill and combined them into one. So I have brought them back here. And I would ask for a -- a Yes vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 3394 pass. Those in favor, vote Aye. Those opposed will vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 Ayes, 1 voting Nay, 0 voting Present. House Bill 3394, having received the required constitutional majority, is declared passed. House Bill 3412. Senator Wilhelmi. Do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 3412. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi, to the bill, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3412 creates the Taxi Safety Act of 2007. 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Under this legislation, a couple things must take place in our taxicabs in the State of Illinois. First, there -- if there is a collision with a pedestrian that results in bodily injury, the responding law enforcement officers must test the taxi driver for drug and alcohol use. Second, inside the taxicab, there must be certain information posted about the taxi driver and the cab, including a photograph, the driver’s license number, as well as the medallion number on the outside. That way, if you’re in a taxi and the driver is driving -- recklessly or dangerously, you can call the police, you can call 9-1-1, and you can report the number of the taxi, the driver’s license number of the -- of the driver. And the -- the police officer will then help you, get you out of that vehicle so that no damage occurs. Unfortunately, this results from a death of a resident in my district - a young lady, who was on her way to dental school to follow in her father’s footsteps. She was killed by a taxi driver as a pedestrian in Chicago - a terrible, tragic accident. This will make us all safer when we’re driving in taxicabs in the City of Chicago. We’ve revised it so that the City is neutral. Took into consideration some of their concerns and I would be happy to answer any questions. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Cronin, for what purpose do you rise, sir?
I’m just wondering, Senator -- for a question. What if you can’t pronounce the name of the -- I mean, I -- I don’t mean that in a disparaging way. But do you know what that symbol is that - - in the consonants? It looks like the symbol for boron. Do you 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 know what that letter is?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi.
I’m sorry, Senator, I do not. But the good news is there’s a number in the cab and the number will identify that vehicle. Because, of course, if you call the police and said, “I’m in a yellow taxicab in the City of Chicago” - one of a thousand or so. So there is a number and it’s called a medallion number.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Watson.
Yes, thank you. Question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. Senator Watson.
Does this impact Chicago only?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi.
Want to make sure I understood the question. Did you say does it impact Chicago often? Oh! Only. No, no it does not. This is a statewide program.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
Well, I guess my question would be then, what is the definition of a taxi? 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi.
A -- a taxicab -- thank you, Mr. President. A taxicab would be a vehicle used to transport people to and from their places of destination. And I believe that it would be for hire and it would be pretty obvious because most of these vehicles have the word “taxi” on them.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
Well, we -- we have senior vans, senior citizen vans. We have people who drive schools’ fifteen-passenger vans. We have a -- a multitude of transportation available that aren’t necessarily what I would consider to be a taxicab. Are they impacted?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi.
Thank you, Mr. President. I don’t believe they are, Leader Watson. I believe that this, again, is for vehicles for hire that are traditional taxicabs and this does not extend to the examples that you’ve given here this afternoon.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson, for further discussion.
Yes, thank you. Would you please point that out in the bill, Senator?
PRESIDING OFFICER: (SENATOR DeLEO) 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Wilhelmi.
Senator Watson, that is not in the bill. Again, I believe that the -- the word “taxicab” is defined in the Vehicle Code and I -- I believe that it would be, as I said before, a vehicle for hire as we know traditionally a taxicab to be.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion, Senator Watson.
Well, I understand this is a new Act. It does not identify or address the Vehicle Code. So, therefore, I would assume taxi would be considered a very arbitrary term.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi.
Senator Watson, I appreciate this line of questioning because I want to make it clear on the record and for legislative intent purposes. I want to make it clear that the vehicles that we are contemplating in this legislation are limited to a taxicab as a vehicle for hire that reflects the word “taxi” on it, does not extend to the -- the -- the small or larger vans that are used to transport elderly folks or people with disabilities. And I appreciate the question.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
Would also that include a little thing on the top of -- of the vehicle that says “for hire” or “not for hire”? I’m just kidding. I’m just kidding. 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Seeing no further discussion, Ladies and Gentlemen, the question is, shall House Bill 3412 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 49 Ayes, 5 Nays, 0 voting Present. House Bill 3412, having received the required constitutional majority, is declared passed. Senator Susan Garrett, on House Bill 3425, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Mr. Secretary, please read the bill.
House Bill 3425. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett, to the bill, ma’am.
Yes, thank you very much, Mr. President. House Bill 3425 allows local municipalities to study, for four years, alternative ways in which to control the deer populations within their own municipalities. This bill would sunset on January 1, 2014. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Is there any discussion? Senator Sieben, for what purpose you seek recognition, sir?
Question for the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Sponsor indicates she’ll yield for a question, sir.
Thank you very much, Mr. President. Senator Garrett, I see in the legislation that this would allow a local community to implement methods other than hunting. Can you describe what those alternative methods might be for controlling the deer population?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
Yes, thank you. Currently, right now, one community that I represent, Highland Park, is working with the University of Wisconsin in coming up with a program of spaying deer or taking - - making sure that without culling the deer that they have some sort of control over -- over -- over the deer population. So, really what this is, is allowing communities to work with authorities to make sure that they do this under guidance.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sieben.
Thank you. Can you explain also what the involvement and what role that the Department of Natural Resources would play and how would the Department of Natural Resources be involved in these studies and these control methods?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
Yes, thank you. The municipality would be reporting back to the Department of Natural Resources. So, Department would have 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 complete knowledge of what was going on.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Sieben.
Thank you, Mr. President. Now, to the bill: I rise in strong opposition to this legislation because part of the language would require that the DNR must - that the DNR must - permit the local government to implement these alternative methods. DNR is strongly opposed to this bill because the authority to regulate wildlife in this State has always been granted to the State and not to unit of local government. So the effect of this bill is to signal a shift in that authority. I think that’s a dangerous precedent to start. Also, the Department of Natural Resources tells me that they’re opposed to the legislation from a biological stand -- standpoint, because they do not believe this method of -- of deer control will work or is cost-effective. So I would suggest a No or Present vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator John Sullivan, for what purpose you seek recognition, sir?
Yes, thank you. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she’ll yield for a question, sir.
Yeah. Senator, I understand that -- that there was a study done, I believe, in Highland Park - Is that correct? - that was done to try to address the overpopulation of deer. Is that correct? 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
Yes.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.
And -- and was this done with -- in -- in -- in the coordination with the Department of Natural Resources?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
It was done in conjunction with the Department of Natural Resources and the University of Wisconsin.
PRESIDING OFFICER: (SENATOR DeLEO) Senator John Sullivan.
So what was the -- the Department of -- the results of the study, did the Department of Natural Resources agree with those findings?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
The Department of Natural Resources - which in -- in all fairness does not support anything other than hunting when it comes to the culling of deer - I thought was pretty neutral on it. They -- they purported that the findings didn’t show any real significant change either way.
PRESIDING OFFICER: (SENATOR DeLEO) 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Sullivan.
Yes, the Department is -- is not neutral on it. They’re very much opposed and were not in agreement with the -- the findings of the study. In -- in fact, I just want the Members to know that they -- during that study, they sterilized -- they sterilized deer. And to do that - you can imagine - you have to capture the deer; you have to actually make a surgical incision. And over half of the deer that were sterilized ended up dying. They were -- they died from the procedure. Then they -- they did -- they had a controlled area and a treatment area, and they actually looked at to see if there was a -- a reduction in the deer population in the controlled area versus the treatment area. And indeed there was absolutely no difference, because deer -- migrate, they move around, they -- they -- they aren’t confined to a -- to a -- a certain area. This, as Senator Sieben mentioned, takes the control away from the Department of Natural Resources. My last -- I guess I’ll make it as a statement instead of a question is that this bill went before the Local Government Committee. If you look at the bill, it amends the Wildlife Code. This should have been in the Conservation and Ag Committee. I ask for a No vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Mike Jacobs, for what purpose you seek recognition?
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she’ll yield for a question, sir. 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
Senator, are -- are there -- are there currently laws in Illinois that keeps a city from studying this -- this issue?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
Well, of course any municipality can take on whatever issue they want to study. There’s no law against that.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.
In the affirmative then, why do we need the law? If they have the right to already study this, why do they need the State nanny to say you can do it?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
You know, it’s a good question and I think this bill points out the diversity of this State. In heavily populated areas where we see the deer population growing dramatically, there are many communities that really can’t hunt the deer down. We don’t do that. It just isn’t allowed and we don’t have a hunting season. So, hunting, you can say, is a -- is a good method for culling deer. Our -- our roads are overrun by deer, our yards are overrun by deer, so this particular community worked with University of Wisconsin to come up with a remedy without shooting deer. And, you know, I’m not here to say it’s a perfect plan, but what I am here to say is that we ought to be able to not just -- we ought to be able to look outside the box and -- and -- it’s 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 not a one-size-fits-all approach when it comes to culling the deer. So what this bill does is give communities an opportunity to work with the -- to work with DNR and come up with something that -- that is acceptable. Unfortunately, DNR only wants to see deer controlled by hunting, and it just doesn’t work in northern Illinois.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Jacobs.
As a resident of northern Illinois, I would point out to you that currently it does work. We allow bowhunters to go into the parks. And I’d point out that the deer were here first. And why -- why are you pushing out the deer? Yesterday this Body was saving horses and now you’re going to -- now you’re going to euthanize these deer? I mean, how exactly, other than snaring a deer, shooting a deer with a tranquilizer, or shooting a deer with a gun or bow -- are you going to catch it with a net? What -- what -- now -- give me some help here.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
Senator Jacobs, we’re not euthanizing deer. When you shoot a deer, you’re killing a deer. I think the whole point here is that if we don’t protect the deer in some way from proliferating, we are going to have more dead deer who are being hit by cars, or -- or deers hitting drivers. I mean, it’s -- it’s -- it’s -- it’s a dangerous situation. We don’t want to be working against DNR. We’ve tried very hard to be collaborative with them in this effort. So, again, it’s a geographic issue. We’re -- we’re 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 trying to do the best we can to solve the problem.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Burzynski, for what purpose you rise, sir?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
You know, I understand that this is a geographic issue, but I think that -- you know, I rise in -- in strong -- excuse me, strong opposition to the bill. I think there are better ways to handle this. And a lot of times you all say, “Well, you oppose everything; you never present an alternative.” Well, I guess the alternative is I have a slaughter facility now in DeKalb, that we’d be more than happy to slaughter those deer for you. So maybe we just need to put some -- sort of tranquillizer in them, we’re going to move ‘em out to DeKalb, we’ll slaughter ‘em, get - - make sure they get to where people can actually utilize them for the purpose that’s been intended - you know, for good food. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) …you, Senator. Further discussion? Senator John Jones.
Thank you, Mr. President. I’ll be brief. Just to the bill: You -- you know, as Senator Sullivan said, the -- the first thing that upsets me is, when I look at something like this that -- that actually the Department of Natural Resources is dealing with this, why in the world we -- we direct these bills to a certain 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 committee where they’ll get out. You know, this should have been debated in the Ag and Conservation Committee. That’s very disturbing to me. Department of Natural Resources is opposed to the bill. You know, Senator Burzynski just mentioned the -- the horse slaughtering plant and, quite frankly, you know, we might be able to -- to tranquilize those deer that’s -- that’s overpopulated in your area and maybe even shoot some ‘em with the bows, and then we’ll take ‘em over to the slaughtering plant and we’ll process ‘em, and -- and we’ll take ‘em to the needy that -- that need food. But there is better ways to do it than -- than the direction you’re going, Senator. And -- and I would just urge a strong No on this. Because not only are we talking about deer today, but tomorrow it’ll be something else. Just like yesterday was horses; today it’s deer. Is it going to be fox, raccoons? What’s it going to be next? So I would encourage you to vote No.
PRESIDING OFFICER: (SENATOR DeLEO) The last person seeking recognition on this issue, Senator Crotty. Then Senator Garrett to close. Senator Crotty, for what purpose you rise?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) …bill, ma’am.
I’m Chairman of Local Government and it happened to come through our committee, but I think the reason being is it was a municipal situation with municipalities. And the Illinois Municipal League along with the Northwest Municipal Conference 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 are two of the proponents of the bill. I can tell you, I live in Oak Forest and that’s exactly what we -- most of my community is, is forest preserve. And we’ve had a lot of problems with the population of the deer. It’s not uncommon to pick up one of our local newspapers -- and we’ve already had deer come into a cul- de-sac, a court, where kids were playing in front of their own home and a deer had attacked a child. We’ve had a school bus hit a deer. We’ve had many, many car accidents where deers -- the deer were running across 163rd Street. So, I rise in support of this bill. And all this is doing is allowing the municipalities to work with DNR on the population of the deer, especially in many of our residential areas. So I encourage a Yes vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Garrett, to close, ma’am.
Yeah. I want to thank everybody for their comments. I -- I didn’t realize that there was really going to be this much discussion. But I don’t -- first of all, what happened with the horse slaughtering bill, I hope doesn’t reflect any -- doesn’t reflect poorly on this bill. They’re very different ideas and it -- just because, you know, that bill didn’t go successfully for some in the Chamber doesn’t mean that you should vote against this bill. Again, this is not -- the Northwest Municipal Conference, the Illinois Municipal League are very supportive of this. They understand that in the northern part of the State, where the population is much more dense than in the southern part of the State, we don’t have the tools and -- to deal with the dramatic increase in the deer population. So we’ve worked with the Department of Natural Resources and -- and we want to be 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 partners with them. And, quite frankly, they -- they haven’t been able to come up with alternatives to what we’ve approached them with. And we are working with the University of Wisconsin. I mean, how credible can that be? It’s a program that’s been in place for many, many years and they are also working with other states. So this isn’t just an independent idea by one particular suburb. This is an idea that is basically being looked at from a national basis. So please take that into consideration. We do understand the Department is against it, but we also are trying very hard to work with them. Again, it’s for a different type of population than southern Illinois. And I really would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall House Bill 3425 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 28 Ayes, 23 Nays, 4 voting Present. House Bill 3425, having not received the required constitutional majority, is declared failed. Madam -- Senator Garrett, for what purpose do you seek recognition?
Yes, I’d like to put this on postponement for consideration.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Garrett requests that House Bill 3425 put on -- be on -- be placed on the Order of Postponed Consideration. The bill will be placed on the Order of Postponed Consideration. Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Leader Watson, for what purpose do you seek recognition, sir?
Yes, sir. Thank you. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I’d like to introduce a young man, a courageous young man in the gallery here, by the name of Michael McWilliams and his grandfather, Mac. He’s a cancer survivor from Arthur, Illinois, and a fine young man, and -- and is going to do well in the future, and hopefully his health will continue to improve. And like for the Senate to welcome Michael here to the Senate today.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Senate? Welcome, Michael. Welcome, Mac. We pray for your speedy recovery. Welcome. Welcome to the Senate. Before we begin, I do want to announce we had an excellent softball practice yesterday. We will practice again Tuesday. The game is Wednesday. The House chickens also had a practice and they think they’re in better shape than we are, so please come out on Wednesday -- I mean on Tuesday for practice, Wednesday’s game. Let’s speed up the pace just a little bit. House Bill 3454. Senator Millner. Mr. Secretary, read the bill.
House Bill 3454. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Millner.
Thank you, Mr. President. This provides that the curriculum for all probation police officers in all certified schools shall include a block of instruction that is aimed at identifying and interacting with persons with autism and other developmental disabilities. Instruction shall also aim to reduce barriers to reporting crimes against persons with autism and the challenges of handling cases where an autistic person or persons with a developmentally -- developmental disability is a victim of a -- or a witness to a crime. I ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? By the way, the Chair appreciates a succinct description of the bill. Seeing none, the question is, shall House Bill 3454 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 3454, having received the required constitutional majority, is declared passed. House Bill 3455. Senator Garrett. Mr. Secretary, read the bill.
House Bill 3455. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Thank -- thank you, Mr. President. House Bill 3455 removes 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 references to “authorized involuntary treatment” and replaces the language with “electroconvulsive therapy or psychotropic medication” throughout the Mental Health and Developmental Disabilities Code, the Clerk {sic} (Clerks) of Courts Act, and the Health Care Surrogate Act.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall House Bill 3455 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 53 voting Aye, none voting Nay, none voting Present. House Bill 3455, having received the required constitutional majority, is declared passed. House Bill 3463. Senator Garrett. Senator Garrett seeks leave of the Body to return House Bill 3463 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 House Bill 3463. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Yes, thank you. Floor Amendment No. 1 deletes the bill and adds grants that serve unincorporated areas as an additional purpose for bonds to be used within the Build Illinois Bond Act. It amends the Environmental Protection Agency {sic} Act to determine that the Agency is to have authority or -- to distribute grants, subject to appropriation by the General 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Assembly, to units of local government for financing and construction of wastewater facilities in both incorporated and unincorporated areas.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator -- this is on the amendment. Senator Garrett moves adoption of Amendment No. 1 to House Bill 3463. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and -- and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No Floor -- further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on 3rd Reading is House Bill 3463. Mr. Secretary, read the bill.
House Bill 3463. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) …discussion. Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) Indicates she will. Senator Burzynski.
Thank you. Senator, is there a list of projects that are going to be done by including the unincorporated areas? 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
There is a list, actually, and those projects have been in place for a while and everything is based on -- subject to appropriation.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. A -- a quick follow-up question then. Would any of these projects happen to be those projects that -- that perhaps have not been initiated, that might have been called Member initiatives in the past? Many of us had Member initiatives that seem to have fallen between the cracks. Are we reauthorizing money to be used other places than perhaps those Member initiatives?
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
No, I -- I have no idea if they’re Member initiatives or not Member initiatives. All I know is that there is a list and there’s a lack of funding right now.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski, to -- a follow-up? Senator Burzynski.
Thank you. Just to my colleagues: I know that -- many of us are awaiting projects that have been promised for several years now. I don’t know what impact this particular piece of legislation might have on them, but any time we add another 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 category into our bond authorization of what those funds can be used for, I think that we stand even a less chance of perhaps getting those other projects finished and completed. Thank you very much.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall House Bill 3463 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 52 voting Aye, 4 -- 2 voting Nay, none voting Present. House Bill 3463, having received the required constitutional majority, is declared passed. House Bill 3487. Senator Bomke. Mr. -- Mr. Secretary, please read the bill.
House Bill 3487. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bomke.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3487 is a cleanup bill of two years ago when we passed a bill eliminating the requirement that when a citizen looks at a local official’s statement of economic interest, that the county clerk should notify that local official. There was a provision still in the statute. This is cleaning up the statute. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Is there any discussion? Seeing none, the question is, shall House Bill 3487 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 3487, having received the required constitutional majority, is declared passed. House Bill 3490. Senator Harmon. House Bill 3504. Senator Forby. 3504. Mr. Secretary, please read the bill.
House Bill 3504. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Forby.
Thank you, Mr. President. House Bill 3504 clarifies the application of a -- State Office {sic} (Officials) and Employees Ethics Act to the community colleges in Illinois. The bill specifies -- requires community colleges comply with the Ethics Act selected to apply to local government rather than State agencies. This bill went out of here once before - Senate Bill 753 - 55 to nothing. I know of -- any -- don’t know of any oppositions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 3504 pass. 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 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 3504, having received the required constitutional majority, is declared passed. House Bill 3512. Senator Haine. 3512. Out of the record. House Bill 3573. Senator Dahl. Mr. Secretary, please read the bill.
House Bill 3573. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Thank you, Mr. President. House Bill 3573 provides that a - - township supervisors and township clerks will be notified of municipal annexations that include township highways or other areas within the township. There is no opposition. Passed the House unanimously.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Hearing none, the question is, shall House Bill 3573 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 54 voting Aye, none voting Nay, none voting Present. House Bill 3573, having received the required constitutional majority, is declared passed. House Bill 3578. Senator Harmon. Mr. Secretary, read the bill.
House Bill 3578. (Secretary reads title of bill) 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3578 amends the -- the Pension Code. Currently today, in Cook County, elected officials have access to a -- a special alternative pension formula which allows them to calculate their pension based on their salary on their last day. It is an anomaly in the State. This would end it for newly elected officials.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Burzynski.
Thank you, Mr. President. I just want to rise in strong support of the Senator’s bill. We think this is a great bill. Closes some really bad loopholes. So thank you.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall House Bill 3578 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 1 voting Nay, none voting Present. House Bill 3578, having received the required constitutional majority, is declared passed. House Bill 3588. Senator Harmon. 3588. Senator Harmon. Out of the record. House Bill 3597. Senator Burzynski. Mr. Secretary, please read the bill.
70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 House Bill 3597. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This provides that property that’s located in the ring around the collars that’s subject of an annexation agreement and located within one and a half miles of the boundaries of the municipality is subject to the ordinances, control and jurisdiction of the annexing municipality. If the property is more than one and a half miles, it’s also subject to the ordinances, control and jurisdiction of the county. I know of no opposition to the bill, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 3597 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 53 voting Aye, 1 voting Nay -- none voting Nay, 1 voting Present. House Bill 3597, having received the required constitutional majority, is declared passed. Top of page 46. House Bill 3604. Senator Silverstein. Mr. Secretary, read the bill.
House Bill 3604. (Secretary reads title of bill) 3rd Reading of the bill. 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Thank you, Mr. President. This amends the Hospital Licensing Act to mandate hospitals to adopt policies to permit health care professionals, in documenting a patient’s time of death -- their wishes and their religious beliefs.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Righter. Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He will yield. Senator Righter.
Thank you, Mr. President. Senator Silverstein, I supported this in committee and I’ll support it here again on the Floor. I want to walk through very carefully, though, for the benefit of the Members, one of the things that you described in -- in -- in laying out the bill was the time of death. Obviously, the time of death, it’s my understanding, goes on the death certificate, which sometimes can be a relevant document in court -- cases or other proceedings. Can you explain a little more fully why this is necessary and whether or not that should be a concern?
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Well, I think when you mean time of death, I think it -- the -- documenting the time of death, depending if it’s on the Sabbath or not, especially in the Jewish religion. So that’s an 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 issue there.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter. No.
No.
PRESIDING OFFICER: (SENATOR HENDON) No. Any further discussion? Seeing none, the question is, shall House Bill 3604 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 3604, having received the required constitutional majority, is declared passed. House Bill 3614. Senator Althoff. Mr. Secretary, read the bill.
House Bill 3614. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you. House Bill 3614 amends the Humane Care for Animals Act to increase the penalties for the violation concerning animal fighting from a Class A misdemeanor to a Class 4 felony for the first offense and from a Class 4 felony to a Class 3 felony for a second or subsequent offenses. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 House Bill 3614 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 3614, having received the required constitutional majority, is declared passed. House Bill 3618. Senator Kotowski. Senator Kotowski. 3618. Out of the record. House Bill 3621. Senator Maloney. Senator Maloney. 3621. Mr. Secretary, please read the bill.
House Bill 3621. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. House Bill 3621 deletes a provision of the Juvenile Court Act that requires an immediate appeal in regard to permanency hearings for minors. It -- it seems that the appeal was automatic and the Supreme Court indicated that the legislator -- Legislature overstepped its bounds on this. And this simply reveals {sic} that provision that has been termed unconstitutional. And I…
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall House Bill 3621 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Nay, none voting Present. House Bill 3621, having received the required constitutional majority, is declared passed. House Bill 3624. Senator Silverstein. Mr. Secretary, please read the bill.
House Bill 3624. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Thank you, Mr. President. This requires that each school bus display in the rear of the bus a visible and readable sign -- the owner -- the name and the -- the name and the telephone number of the owner of the bus.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 3624 pass. All those in favor will vote Aye. All those 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 53 voting Aye, 2 voting Nay, none voting Present. House Bill 3624, having received the required constitutional majority, is declared passed. House Bill 3638. Senator Noland. Mr. Secretary, read the bill.
House Bill 3638. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Noland.
Thank you, Mr. President. House Bill 3638 simply exempts the -- from the definition of a “pollution control facility”, a site that stores non-decomposing solid waste in containers for no longer than ten days -- ten calendar days for temporary storage and consolidation and for further transfer to a recycling disposable treatment or storage facility on a noncontiguous site.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 3638 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 3638, having received the required constitutional majority, is declared passed. House Bill 3654. Senator Martinez. Mr. Secretary, please read the bill.
House Bill 3654. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 3654 amends definition of a “hard-to-staff school” and adds definition of the “eligible school”. The bill clarifies that the consortium shall guarantee support of an admitted cohort in any 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 fiscal year that is appropriate where an appropriation is made for the Grow Your Own Teacher’s Initiative {sic}. Lastly, the bill makes changes to the provision concerning expenditures for child -- and other indirect programs.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 3654 pass. All those in favor will vote Aye. All those opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 3654, having received the required constitutional majority, is declared passed. House Bill 3667. Senator Sullivan. Out of the record. House Bill 3678. Senator Althoff. 3678. House Bill 3721. Senator Sieben. Senator Sieben seeks leave of the Body to return House Bill 3721 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 House Bill 3721. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Sieben.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sieben.
Thank you very much, Mr. President. This Floor amendment merely changes the age from age sixty to the age sixty-two to make it consistent with the Senate bill. Know of no -- no objection and I move for its adoption.
PRESIDING OFFICER: (SENATOR HENDON) 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Is there any discussion? Seeing none, Senator Sieben seek - - moves adoption of Amendment No. 1 to Senate Bill -- House Bill 3721. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill -- we’re going to move forward. 3rd Reading. House Bill -- move to the next House bill. 3729. Senator Viverito. Senator Viverito seeks leave of the Body to return House Bill 3729 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 House Bill 3729. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Viverito.
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito, on your amendment.
The amendment basically is a technical one, Mr. President. And it’s consistent with the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Viverito moves adoption of Amendment No. 2 to House Bill 3729. 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?
78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 3766. Senator Hultgren. Mr. Secretary, read the bill.
House Bill 3766. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hultgren.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a clarification. We have unauthorized taping in residences and there was some -- lack of clarity when it regards apartment buildings. And so what this does is clarify that apartment buildings can still tape in common areas like laundry facilities, stairwells, things like that for safety, but obviously no taping inside the residence. No opposition. Would ask for the support of the Members.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, question is, shall House Bill 3766 pass. All those in favor, say Aye. Opposed, say Nay. The -- all those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 3766, having received the required constitutional majority, is declared passed. Don’t forget, prepare for softball next Tuesday. The game is next Wednesday in 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Lincoln Park. We’re going to go to 3rd Reading. With leave of the Body, we’re going to go to those bills that had Floor amendments approved yesterday. Be a little patient. We’re almost out of here. Bottom of page 7 is House Bill -- Senate Bill 778. The sponsorship has been changed to Senator Bond. Senator Bond. Out of the record. Please turn your Calendar to page 4. Senate Bill 133. Top of page 4. 133. Senator Garrett. 133. Senator Garrett seeks leave of the Body to return Senate Bill 133 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 133. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett, to explain -- it’s Amendment No. 3? We will come back to this order of business. We’ll -- just a moment. Madam Secretary, are there any amendments approved for consideration?
Yes. I’m sorry, Mr. President. In error, it’s Floor Amendment 3.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett, to explain Amendment No. 3.
Yes, thank you, Mr. President. Floor Amendment No. 3 directs the Department of Public Health to provide thimerosal- free flu vaccines to the zero to three-year-old population. When -- pertaining to the Vaccines for Children program. 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, Senator Garrett moves adoption of Amendment No. 3 to Senate Bill 133. 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?
Floor Amendment No. 4, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett, to explain Amendment No. 4.
Yes, thank you. Amendment No. 4 mandates that the Department of Public Health inform health care providers concerning the availability of flu vaccines and the most effective time for individuals to be vaccinated.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, Senator Garrett moves adoption of Amendment No. 4 to -- Senate Bill 133. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill -- Senate Bill 133. Madam Secretary, read the bill.
Senate Bill 133. (Secretary reads title of bill) 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Well, I -- I -- I’ve already explained the bill in the -- in the amendment.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Mr. -- thank you, Mr. President. The -- the sponsor has done yeoman’s work on this bill. This -- this bill has changed many times. She has been thwarted a number of times. She held hearings a number of times. And this bill deserves its Aye vote, because now there is no opposition to it.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 133 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 54 voting Aye, none voting Nay, none voting Present. Senate Bill 133, having received the required constitutional majority, is declared passed. With leave of the Body, please turn to page 11 of your Senate Calendar. Top of Senate -- Senate Bill 831. 831. Top of page 11 on your Senate Calendar. Follow along with us, Gentlemen -- Ladies and Gentlemen. Senator Crotty. Senate Bill 831. Senator Crotty, do you wish to proceed? No. Out of the record. We’ll now go to page 12 of your Senate Calendar. Middle of your Senate Calendar is Senate Bill 856. Sponsorship has been changed to Senator Sandoval. 856. Senator Sandoval, would you 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 like to proceed, sir? Senator Sandoval seeks leave of the Body to return Senate Bill 856 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 856. Madam Secretary, are there -- any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Sandoval.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
Thank you, Mr. President. I’d like to explain the amendment on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval moves adoption of Amendment No. 1 to Senate Bill 856. 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 856. Madam Secretary, read the bill.
Senate Bill 856. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval. 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
Thank you -- thank you, Mr. President. Senate Bill 856 creates a higher education revolving loan program to provide low- interest loans to low-income students with a 3.0 cumulative GPA. In order to be eligible for a loan, students must be a resident of Illinois and a U.S. citizen or permanent resident. The amendment also establishes Higher Education Revolving Loan Fund in the State treasury and stipulates the fund to be used to makes loans under the revolving loan program. I’d ask a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Lauzen.
A question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen.
Senator, is there a -- a legal residency requirement contained in this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
The -- the loan program is for all permanent legal residents and U.S. citizens.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
I’m sorry. So is that -- is that a yes or a no on is there a legal residency requirement in this bill? I -- I -- you said 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 legal residents and U.S. citizens. That implies a yes, but that’s not my understanding of this bill. But I might have it wrong.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
So, just to confirm, that in this bill there is a legal residency requirement and your answer to that is yes?
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
Sí.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski. Senator Burzynski.
Thank you. Ah, Senator. Senator Sandoval brought this bill to -- to the bill, Mr. President. I’m sorry.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, sir. Go right ahead, my friend. To the bill.
Thank -- thank you. Forgot protocol here. Senator Sandoval brought this bill to the Higher Education Committee yesterday. This is different -- a different bill than he had on the Senate Floor last week that we debated. In answer to Senator Lauzen’s question, there is a legal residency requirement in the bill. 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 I’m not sure, though, that that also requires U.S. citizenry. But I -- I just want to make that point of clarification. But it does require legal residency. And in addition to that, this is a bill that I’m sure we’ll be seeing in -- in JCAR, as the rules are promulgated relative to the funds, how their distributed, the interest rates, those kinds of things. But the Senator has done a good job in trying to accommodate the concerns that many of us had here on the Floor. And I don’t compliment him very much, but he has tried to accommodate us on this one. Thank you, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Does that mean you are urging your side of the aisle to vote for the bill or not, Senator? Make it clear.
I will be voting for the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval, to close.
Thank you, Mr. President, Members of the Illinois Senate. I ask your support for this bill. I’d like to clarify it for the record that my interest has always been to provide and improve the education of all children in Illinois. I stand firm in my position that a mind is a terrible thing to waste in the State of Illinois. And that regardless of race, creed, religion or illegal status, we should have a right to educate all children of Illinois. We use taxpayers’ dollars to educate all children of Illinois in our elementary school system and in our public high school system. We do not discriminate against anyone in Illinois -- in elementary or high school education in Illinois, regardless of their status. We need to continue sending a message to all 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 students in Illinois, regardless of their legal status, that there is -- there should -- they should have an opportunity, to at a minimum, to finance an education for themselves to continue their education, because otherwise we will continue to use Illinois taxpayer dollars to build prisons, and to put up surveillance cameras, and to create boot camps. We will eventually pay for all our children who are not educated in Illinois. I, like Senator Barack Obama, who recently indicated in the papers just this week, are of the opinion that we need to get financial institutions out of the business of making loans to our students, making money off the backs of working families. We need government - both the federal government and State government - to get back in the business of making loans directly to students. My bill provides students -- puts ISAC back in the business of making loans directly to students, and especially those who are high-achieving students in Illinois. Thank you. God bless you, Mr. President, and God bless Illinois.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 856 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none -- voting Nay, none voting Present. Senate Bill 856, having received the required constitutional majority, is declared passed. The Chair would like to apologize to Senator Luechtefeld. I did not see his light on the last bill. The Chair would also like to acknowledge Speaker Madigan who is on the Senate Floor, for two days in a row. We must be working some deal out. We haven’t seen the Speaker that much. Give him a big 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 hand. Maybe he’ll let us get out of here. And he’s -- also on the Senate Floor, we have my State Representative -- Senator Lightford’s State Representative, LaShawn Ford, and, of course, the illustrious Mary Flowers. Welcome them to the Senate Floor as well. We don’t have House chickens over here that often, with the game coming up and all. That’s right. Don’t clap for ‘em too much with the game coming up and all. We’ll see what they can do. All right, we’re moving right along. …of page 13. Bottom of page 13. I’m sorry. Senator Lightford, for what purpose do you seek recognition?
Point of clarification to your last comment. Representative LaShawn Ford represents the 8th District, which is in my Senatorial district. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) You can have him. Okay. He might want to move. He might want to move into my district. He might want to move into my district. I have the mike. You get it right. Thank you very much. Always some Senator with too much to say, you know. Bottom of page 13 is Senate Bill 877. Senator Clayborne. Oh! The -- I’m sorry. Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 877 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 877. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 877 creates the renewable energy portfolio standards. It is identical to House Bill 1871, which passed the House with an overwhelming majority, but arrived in the Senate, I believe, too late to be considered in the normal course. It is also identical to a component part of Senate Bill 1184, which passed the Senate unanimously. I’d ask your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Harmon moves adoption of Amendment No. 1 to Senate Bill 877. 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?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 877. Madam Secretary, read the bill.
Senate Bill 877. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. The amendment became the bill, which I explained as we adopted the amendment. I’d be happy to 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Risinger.
Yeah. To the bill: I just want to remind the Members on this side of the aisle, there is a mandate in this bill. There’s a possibility that it could raise energy rates. But it did pass through Energy and Environment Committee with one negative vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall Senate Bill 877 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 1 voting Nay, none voting Present. Senate Bill 877, having received the required constitutional majority, is declared passed. …Body, we’re going -- with leave of the Body, we’re going to proceed to page 18. Page 18 in your Calendar. Senate Bill 940. Senator Kotowski. Madam Secretary, Senator Kotowski seeks leave of the Body to return Senate Bill 940 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 940. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski, to explain your amendment, sir.
90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Mr. Secretary, the -- Floor Amendment No. 1 becomes the bill. Be more than happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Kotowski moves adoption of Amendment No. 1 to Senate Bill 940. 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?
Further -- no further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 940. Madam Secretary, please read the bill.
Senate Bill 940. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you, Mr. President, and thank you, Ladies and Gentlemen of the Senate. Senate Bill 940 is an excellent bill. It’s good commonsense legislation and it’s received support from both sides of the aisle. It amends the Firearm Owners Identification Card Act to require the State Police and the Department of Human Services to enter into an agreement with the FBI to implement the National Instant Criminal Background Check System in Illinois. Floor Amendment No. 1 also amends the Mental Health and Development {sic} (Developmental) Disabilities 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Confidential {sic} (Confidentiality) Act to expand the requirement that the Department of Human Services report to the State Police persons receiving mental health care, irrespective of the manner provided, to include persons whose mental condition is of such a nature that it poses a clear and present danger to that person, any other person or persons or the community, evidenced by violent, suicidal, threatening or assaultive behavior. This bill came about through the strong leadership of Attorney General Lisa Madigan. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Pankau.
Senator, yesterday in -- in committee when this was brought forward - and it did pass out of committee unanimously - you had the Chief of Staff from the Attorney General’s Office there and she was basically explaining the process by which they currently give information to the -- to the State Police, as well as the new method of doing it. And for everybody in the -- in the room - because -- because of Virginia Tech, this is a hot issue right now - could you please explain what is presently done with those who have mental illness and what the new procedure would be?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski. 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
Sure, absolutely. The -- the -- the new procedure will involve those -- not just those who have been put in a medical facility, but those who are -- gone through outpatient who are deemed to be at risk to themselves or to someone else. And the process involved in it is to make sure that the person who would be providing the care would share that information to the Department of Human Services who would then share it with the Illinois State Police. And might add, there’s an additional provision to the bill, which I highlighted it, which makes sure that the Illinois State Police shares this information about people who are potentially at risk with the National Instant Check System. Currently, the State of Illinois does not do that and this bill addresses that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
I think it was also brought out in testimony that as of January 1st now, when this bill takes effect, that single -- sole practitioners, psychologists, psychiatrists, whatever, will now be required to provide information, where they have not been in the past. And I believe she went into some ways in which they will now be notified, other than all of us telling them that the bill is now going to happen. How will this happen so they know that they have to provide this information?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
The Attorney General’s Office acknowledged that they will 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 commit their resources to making sure that all providers throughout the State get the information they need in order to have -- be as informed as possible about the stipulations connected to the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Did anyone sign in in opposition to this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
No, they did not.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Did anyone sign in as neutral on this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Yes, they did. The Department of Human Services signed in as neutral.
PRESIDING OFFICER: (SENATOR HENDON) ABC Channel 20 seeks leave to -- video. Leave granted? Leave is granted. Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Righter.
94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Thank you. Senator Kotowski, and I -- and I apologize, I want to walk through this a little bit. You’ll appreciate with the one-hour posting that we’re working through right now, I’m not sure that all the groups who might have a concern with this would have the opportunity to get to a Public Health Committee and sign in opposition to this. The bill applies to hospitals and what other entities insofar as who is under the requirements of this Act?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Public and mental health facilities.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Would that include an individual practitioner?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you for your question. Yes, it would.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Okay. Then help me, Senator Kotowski, with the sole practitioner who is a psychologist or psychiatrist who is seeing someone once every two weeks or so, the individual has periodic bouts of depression. At what point is the practitioner supposed to know that they have to report this person to the State Police?
PRESIDING OFFICER: (SENATOR HENDON) 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Kotowski.
Senator, I’m going to try and answer your question as clearly as I can. If you go to the bill, you look at the definition of “patient”, it is when that patient would pose a clear and present danger to that person, any other person or persons or the community. So it defines “mental condition” as a state of mind manifested by violent, suicidal, threatening or assaultive behavior.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Senator Kotowski, the individual in my example and the person -- the patient he is seeing, the doctor decides that he does not fit that description. Okay. He does not report that patient to the State Police. That individual either gets or retains his or her FOID Card and then commits an act of violence with it. What are the repercussions for the individual practitioner? Is he subject to a lawsuit? Is there any immunity provisions in here for making a judgment call?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you for your question. It’s an excellent question. There are no penalties to the practitioner.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to the bill, sir.
No -- well, with all due respect, Mr. President, and I 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 appreciate the need…
PRESIDING OFFICER: (SENATOR HENDON) Take your time, Senator Righter. Senator Righter.
Thank you very much, Mr. President. Senator Kotowski, are there any provisions in here that would provide for absolute or even qualified immunity for a psychologist or psychiatrist who makes a good-faith judgment that the person’s name should not be reported to the State Police? Is there anything in there like that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
No, there are not, but nor are there any provisions that would allow them to be punished according to this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Right, Senator Kotowski, and I appreciate that, but I’m sure, as you would recognize, that doesn’t protect them from civil lawsuits from the family of someone who may have been injured. The second area I want to question on is with regards to -- there’s a -- there’s language in the bill that requires the State Police and the Department of Human Services to enter into some kind of an agreement with the FBI related to the federal database. Can you explain further that provision and what hopes you have that the federal government will help the State administer this new system or deal with this new system?
PRESIDING OFFICER: (SENATOR HENDON) 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Kotowski.
Yes, sir, I will. Just for point of clarification - I think it’s important information for the entire Chamber to know: As of April 30th, 2007, the National Instant Check System Index contained four million, four hundred five, six hundred and fifty records. That’s four million records from twenty-two states in the nation that participate. But the National Instant Check System contains no record from Illinois. No -- no records from Illinois. It’s incumbent upon us to provide data to the NIC System regarding persons who are prohibited gun purchasers under federal/State law. So essentially what this would require, a memorandum of understanding with the Illinois State Police and the FBI to make sure that this information that we have in the State of Illinois regarding prohibited gun purchases would be shared.
PRESIDING OFFICER: (SENATOR HENDON) Senator…
…would be shared with the National Instant Check System.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President, for your indulgence. Senator Kotowski, let’s talk about the flip side of the coin here, and that’s where an individual’s name is transmitted to the State Police in error or falsely. Are there any remedies for that individual? Any specific procedures for that individual to be able to get off whatever list -- list the State Police will put 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 ‘em on, saying they can’t have a FOID Card because of a mental illness?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Senator, thank you for your question. It was my understanding that was going to be part of rulemaking through JCAR, in which we were going to work to address that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
To the bill please, Mr. President. Thank you. Ladies and Gentlemen of the Chamber, this is a very difficult topic and we are addressing it in a very, very brief amount of time. And as much faith as I have in the Senator and his staff, this is something that will not be played out here in the end on the Senate Floor, but in the rulemaking process. And I hope, I sincerely hope that the sponsor and the people who are working with him will follow diligently the bill, not just to see if it gets signed into law, but the rulemaking process that takes place afterwards. Because that’s where we’re going to find out how practitioners and individual gun owners are going to be impacted by this. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Couple questions of the sponsor, please.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Jacobs. 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
Are you at all worried, Senator, that this will discourage hunters who need mental health treatment from seeking mental health treatment for fear of loosing their weapons?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
No.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Would you support a “one gun bill a month” law?
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
I have a tremendous amount of respect for you, Senator. You’re tall, you’re handsome, you have a lot of hair. The question at the current moment is irrelevant. I would like to speak to the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs, to the bill.
Senator, on my computer here, the -- the most common methods of suicide are as follows: Bleeding is number one, people cutting their carotid artery; number two is burning; number three is drowning; number four is drug overdose; number five is electrocution; number six is hanging; number seven is jumping; and guns -- shooting don’t come until eleven. So, shouldn’t we really be banning ropes? Shouldn’t we be banning matches? Maybe 100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 toasters? I mean, when -- when is enough going to be enough, Senator?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. To the bill: I rise in strong support of Senate Bill 940. The Attorney General and her staff have methodically reviewed the existing law to identify areas where we could hold health care institutions and providers, not just public -- private institutions, but public institutions as well, to be more accountable and more responsive in the hope of averting greater tragedy. This is a commonsense law and I urge you to vote for it.
PRESIDING OFFICER: (SENATOR HENDON) Final speaker. Senator Haine.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. To the bill: I rise in support of the bill. I believe it’s a -- it’s a bill that addresses a specific problem. It doesn’t go beyond that problem. I trust in the sponsor’s veracity on the Floor. I trust in the competency of the Illinois Attorney General. And I think it’s a bill that we -- we should pass in response to what is evidently a gap in information between law enforcement agencies. That’s what the bill does. This addresses a gap between law enforcement agencies. In the -- in the long run and actually in the short run, this bill protects lawful, law-abiding gun owners with FOID Cards who obey the law. I ask for an Aye vote along with the sponsor. Thank you. 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski, to close.
I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 940 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 51 voting Aye, 4 voting Nay, none voting Present. Senate Bill 940, having received the required constitutional majority, is declared passed. Senate Bill 942. Senator Ronen. Madam Secretary, read the bill. Senator Ronen seeks leave of the Body to return Senate Bill 942 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 942. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Ronen.
PRESIDING OFFICER: (SENATOR HENDON) Senator Ronen.
Thank you, Mr. President, Members of the Senate. This amendment becomes the bill and I’d be glad to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Ronen moves adoption of Amendment No. 1 to Senate Bill 942. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the 102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 942. Madam Secretary, read the bill.
Senate Bill 942. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Ronen.
Thank you, Mr. President. This bill sets up a grant program. Several years ago, this Body set up a task force to deal with the problem of lead poisoning among children. Unfortunately, this problem still exists. Illinois is -- is ranked the worst State in the nation right now in the number of children who are still suffering from this problem. I would ask a favorable vote for this. It’s subject to appropriation. It sets up a fund so that small groups can access money to ameliorate this problem. Where we’re seeing it most often is in -- around window jambs. These grants would be provided in conjunction with the task force advisory committee.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Pankau.
Thank you, Mr. President. This bill came out of committee 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 unanimously. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He most certainly will. Senator Righter.
Thank you, sir. Senator Ronen, and I apologize, I was not in committee when the bill was presented and I know it’s -- this is another one of those one-hour posting notices and the amendment’s about ten pages long. But I just want to ask you about a -- a small section of it that has to do with insurance assistance. Now, the insurance assistance, as I understand in the bill, does not reference insurance for individuals. It’s about insurance for contractors. And it’s further my understanding that the taxpayers are going to provide a one- hundred-percent - one-hundred-percent - insurance subsidy for contractors to do this work. Is that -- am I reading the bill correctly?
PRESIDING OFFICER: (SENATOR HENDON) Senator Ronen.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Would it be fair to say, Senator Ronen, that this insurance subsidy would be provided for a contractor, even a contractor so 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 large so as to be able to be subject to the Governor’s gross receipts tax proposal?
PRESIDING OFFICER: (SENATOR HENDON) Senator Ronen. Senator Righter.
I -- I’m trying to think of a funny answer back, but I -- I can’t. I really can’t.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Without the humor, Mr. President. Senator Ronen, are there any income thresholds or gross receipts thresholds at all for the contractor? I mean, can the contractor be a multi-billion-dollar corporation who would be the last entity in the world who would ever need a taxpayer subsidy in order to do this work? Would they qualify for this?
PRESIDING OFFICER: (SENATOR HENDON) Senator Ronen.
Well, the best way I could -- I could seriously answer this is that all of this work will be done in conjunction with the lead task force advisory group, working with the Department of Public Health. The idea here is that there will be small companies who will have a capacity to do this and -- in towns throughout Illinois, not only Chicago - problem is significant in Peoria, East St. Louis. So that they would be working with these small companies and select them. And I trust in this advisory committee that -- that we’re not going to be spending whatever resources are identified unwisely. 105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Last question, Mr. President, and then I’d like to go to the bill. Senator Ronen, who serves on the advisory -- I mean, you said you have trust in them, who’s on it?
PRESIDING OFFICER: (SENATOR HENDON) Senator Ronen.
This was a -- I don’t have the -- oh. Okay. I have the names right here for you. It’s -- well, a representative of the Illinois Association of Realtors; a representative from the insurance industry; two pediatricians or other physicians with knowledge of lead-paint poisoning; two representatives from the private-sector, lead-based -- lead-based-paint-abatement industry who are licensed in Illinois as an abatement contractor, worker, or risk assessment {sic}; two representatives from communities that have a high concentration of high-risk lead contaminated properties; and at least three lead-safe housing -- advocates, including the parent of a child, a representative of a child advocacy organization, and a representative from a tenant housing organization. Now -- now all of them work in cooperation with and under the direction of the Public Health Director.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
…bill, please, Mr. President. Thank you, Senator Ronen, for -- for your responses. Ladies and Gentlemen of the Senate - and I think that we’re seeing part of the problem with the one-hour 106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 posting notice, particularly with regards to lengthy amendments - I -- I think this is a fine idea. I think it is a terrible idea for the taxpayers to pay for liability insurance for a contractor, regardless of how wealthy or how big they may be, in order to do this work. If a contractor installs windows, particularly in an area that is depressed and needs it, and does it negligently, then they’re the ones who should pay for that, not my constituents and yours. I do not believe that this bill is drafted carefully enough. I appreciate very much the sponsor’s intentions, but at this time and place we do not need to be helping these entities with taxpayer dollars in providing these subsidies. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Ronen, to close.
Thank you very much. This is a important program to many of our communities. We should have solved the problem of lead poisoning fifty years ago and the fact that we haven’t is a -- a travesty and a tragedy that we all should be focused on. This is a commonsense way to address the problem. It brings together experts, community representatives, together to solve the problem, working with local government. It’s subject to appropriation. This money is going to be used wisely and to wait any longer is to only let the problem fester and become worse. I would urge all my colleagues to vote Aye.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 942 pass. 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 107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 wish? Take the record. On that question, there are 43 voting Aye, 11 voting Nay, none voting Present. Senate Bill 942, having received the required constitutional majority, is declared passed. Page 23. 1011. Out of the record. Page 25. Senate Bill 1041. Senator Cullerton. I mean -- 1041. Senator Forby. Senator Forby seeks leave of the Body to return Senate Bill 1041 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 1041. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Forby.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.
The amendment becomes -- becomes law, so I’ll explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Forby moves adoption of Amendment No. 1 to Senate Bill 1041. 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?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1041. Madam Secretary, read the bill.
108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senate Bill 1041. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.
Thank you, Mr. President. This is a agreed bill between the Illinois Farm Bureau and the Drilling Operation. Amendment -- the Drilling Operation requires that an operator give a copy of the Act, along with a written notice, to the -- to the owner prior to drilling. And if there’s any damage, they’re getting together to see what the damage will be due. I have no opposition on this. Like I said, everybody’s for this bill. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, -- oh! Senator Cullerton.
Well, thank you, Mr. President. I just want to say that I used to be the sponsor of this bill till Forby made me give it over to him. But I’m still in favor of it, ‘cause I want to help the Farm Bureau.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall Senate Bill 1041 pass. All those in favor, 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 53 voting Aye, none voting Nay, none voting Present. Senate Bill 1041, having received the 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 required constitutional majority, is declared passed. Leave of the Body, we’ll go to page 30 on your Senate Calendar. Senate Bill 1400. Senator Jacobs. Senate Bill 1400. Senator Jacobs seeks leave of the Body to return Senate Bill 1400 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 1400. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Jacobs.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Amendment No. 3 -- Amendment No. 3 allows the Senate to move forward on a wind energy bill that we’re working with Frank Mautino and the House across the way. It’s still a work in progress, but we want to keep the pressure on the House to come up with some option on how to make sure that these windmills don’t turn into unsightly problems for the State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion on the amendment? Senator Rutherford.
Mr. President, thank you and I realize we are on the amendment. This -- this -- Senator {sic} Mautino actually does considerably change the underlying legislation and there are a number of things that this does that is going to be different than the underlying. One question, and then we can move on to adopt and I’ll talk to you then about it, is that this does not include anything on the RPS in the amendment, is that correct? 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Yes, it is, Senator. It’s a -- a -- a good suggestion as well.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, Senator Jacobs moves adoption of Amendment No. 3 to Senate Bill 1400. 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1400. Madam Secretary, read the bill.
Senate Bill 1400. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
With the approval of Senator Rutherford, I know of no opposition. I’d appreciate your affirmative support. I think this will, on the long term, help us move towards more energy independence for Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford. 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
Well, I -- I concur -- to the bill, Mr. President. And I concur to Senator Jacobs’ comment about more energy-efficient. But really more of a substantive matter what this does, is for those of us that have these new wind farms that are looking to either be located or expanded in our respective districts - and there’s quite a few of us around the State - what the real reason that this is important for is it helps establish standardized assessment procedure onto which our taxing bodies will be able to determine how the extensions will be. The reason this is important is because we’re finding a quilt-work pattern across the State of inconsistency. And to that extent, I’m -- I’m appreciative that this is moving forward. I understand that we’re still going to have continued discussions in the House, ‘cause I’m not sure that we’ve quite cooked this soup to the extent that it should be correctly served. But we are getting much closer. And to that extent, Senator Jacobs, I’m -- stand -- I do stand in support of your legislation.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs, to close.
I just want to thank Senator Rutherford and also my friends across the aisle. This is a -- a big bill. I’m learning about it as I go along and I appreciate, you know, you helping educate me on the way of the world.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1400 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 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 1400, having received the required constitutional majority, is declared passed. Page 32 of your Senate Calendar. Senate Bill… Scratch that. With leave of the Body, we’re going to turn -- return to page 7. Senate Bill 778. Senator Bond. Senator Bond seeks leave of the Body to return Senate Bill 778 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 778. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
This is the annual IDOT transfer bill. Ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Bond moves adoption of Amendment No. 1 to Senate Bill 778. 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 778. Madam Secretary, read the bill. 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
Senate Bill 778. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
This is the annual IDOT land transfer bill. We have one correction that needs to be made, but given the deadline, we can pass it out today and we’ll bring it back on Concurrence.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall Senate Bill 778 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 52 voting Aye, none voting Nay, none voting Present. Senate Bill 778, having received the required constitutional majority, is declared passed. We’re going to go to page 11. Page 11 of your Senate Calendar. Senate Bill 831. 831. Senator Crotty. Senator Crotty seeks leave of the Body to return Senate Bill 831 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 831. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Crotty.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 This amendment will become the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Crotty moves adoption of Amendment No. 1 to Senate Bill 831. 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 831. Madam Secretary, read the bill.
Senate Bill 831. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
Thank you very much. Senate Bill 831 gives the counties of Will, Kendall, Boone, Lake, DeKalb and Grundy the ability to impose a tax on the sale of motor fuel for consumption by motor vehicle or watercraft in half-percent increments, at a rate not to exceed four cents per gallon. The tax is subject to a public referendum. Any of these six counties may opt out of imposing the tax on the sale of diesel fuel. The proceeds from this motor fuel tax law are to be used solely for the purpose of operating, constructing, and improving public highways and waterways, and acquiring real property and rights-of-way for public highways and 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 waterways within the county imposing the tax. We already have three counties that do this, but under just a -- a resolution or an ordinance by the board. This particular one allows those six, but only under a public referendum.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Dahl.
Thank you, Mr. President. To the bill: I have parts of several counties that are involved in this bill, but I feel that this is just another attempt to raise some money that we shouldn’t have to raise had the fuel tax money been left where it should have been in the first place over the last few years and used for the proper purposes. And this four-cent-a-gallon increase in fuel tax, even if it is done with a referendum, is going to hurt the very people that we’re trying to help. Most people, if -- if they’re passing through or -- or moving out of the -- the county area, will be able to buy their fuel other places, where the elderly, single mothers, people that can’t get out of the counties are not going to be able to do that. I -- I think this is a bad -- is a bad bill and -- and we’re -- we’re -- we’re going to be putting it on people that can’t afford it again.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator John Jones.
Thank you, Mr. President. To the bull -- to the bill: The -- well, there’s a lot of bull here too, but… Even -- even the President up there’s agreeing with that one. But I -- I -- I tell you what, you -- you better take a close look at this -- 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 this bill here right now, folks, because, quite frankly, it is a -- it is a referendum for -- for a tax increase on motor fuel. But you better -- you better, before you make this vote, you better pick up the phone, call back to your district office real quick, because your phone is ringing off the wall. What we need to be doing is taking the sales tax off of gasoline, not putting more on it to the -- to the constituents back home. And that’s what we ought to be doing. And I would encourage a No vote on this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a couple of questions?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will. Senator Burzynski.
Thank you. Senator, just a couple of things. I think in your opening remarks you made comments that this is a front-door referendum, is it not? It has to go to the voters first.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
That is correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. And in addition to that, you talked about what the purposes or what the funds could be utilized for. I think 117 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 you talked about roadways and then you talked about waterways. Can you tell me what a waterway -- give me an example of waterways or the type of construction, or whatever, it could be used for there. If you could, please.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
After -- after going to committee, I had checked on this and when we talk about waterways, we talk about the bridges and the right-of-ways in order to get over those waterways.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. Is there any cap on how much money can be generated by the tax?
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
It can’t go over four cents a -- a gallon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. But there’s no cumulative amount that they can collect in one particular year or for any type of project?
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
I would imagine that it would be just, you know, on the amount of the gallons of gas that would be sold in those 118 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 counties.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. To the bill: You know, I -- I come with mixed emotions on this particular bill, because it does or could potentially lead towards a tax increase in motor fuels. However, I believe that any county that at this point would put this type of issue on the ballot, that the vote would be overwhelmingly No. But having said that, I don’t think that it really is that detrimental to at least give counties -- these counties the opportunity to place that vote. So thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Wilhelmi.
Thank you, Mr. President. To the bill: I want to rise today in strong support of this. I want to thank the Senate sponsor. These are tough issues. There’s no question about it. And when you look back at what this bill really does, it really is about local control. It allows six counties to be able to put this on a ballot to let the voters decide whether they want a tax increase on their -- on their motor fuel tax. The maximum is four cents a gallon, but all of us here in this Chamber, I think, believe in the principle of local control. That’s what this bill does. We understand that right now gas prices are high and, of course, now that we’re going into the summer season, they’re going to remain high. But we also understand that in some of our communities, the infrastructure needs are also high. In Will County, we have 1.5 billion dollars’ worth of road projects that 119 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 need to get funded, and if the voters believe that this is the way to go to fund those road projects, then let it be that way, and let the voters decide. This is about letting each and every one of our constituents in these six counties - Ladies and Gentlemen, it’s only six counties that this bill allows for a front-door referendum - let them decide. If we vote No and -- and this bill fails, they’ll never have the chance. So I want to encourage you to think through this. This is about local control. It’s about finding a solution for infrastructure needs in six counties. It’s a sensible approach and I’d ask you to vote Yes.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Dillard.
Thank you, Mr. President. Just like I did a couple of days ago, I rise to echo what Senator Wilhelmi said. I certainly am - - in support of local control. And especially when it comes to infrastructure referendums, the local people ought to decide. But I want to give you all a political tip, if we’re going to ask our residents to raise gas taxes locally. Yesterday a number of us filed an amendment to a bill of Senator Althoff’s to eliminate the sales tax, the State sales tax on gasoline. As gas prices press about four dollars a gallon, it would save Illinois consumers fifteen to sixteen cents per gallon. So, if you’re worried about any criticism at all on this bill, if you’re one of the sponsors or proponents of it, go -- come on over here, I’ll give you the amendment number, and you ought to sign up as a cosponsor, eliminate the State sales tax on gas. It’s fifteen- to sixteen-cents-per-gallon savings. There are studies that show 120 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 most of that money, which goes to the State’s general fund, would get made up by people coming over our borders from the other states who avoid - especially truckers - filling up in Illinois. And that it’s basically a revenue-neutral proposal, but a way to mitigate this. And if you’re a proponent, to help you pass these gas tax -- local gas taxes, let’s get rid of the State sales tax on gas, fifteen to sixteen cents a gallon at four bucks a gallon, and it’ll just help make your local referendum hopefully successful if it helps grow jobs in your counties. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty, to close.
Thank you very much. I appreciate the discussion on -- on this -- on this bill and I, too, had some reservations, but I think when I actually saw that it was through a referendum that this can be done on those six communities, and I also realized that we have DuPage, Kane and McHenry that can impose that tax on the sale of motor fuel just through an ordinance or a resolution by their county board, I think this allows the voters to make that choice. I ask for a Yes vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 831 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 37 voting Aye, 17 voting Nay, none voting Present. Senate Bill 831, having received the required constitutional majority, is declared passed. Senator Maloney, for what purpose do you seek recognition, sir? 121 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
Thank you, Mr. President. It seems like a long time ago, but the bill prior to this, I would like to -- Senate Bill 778, I’d like to be recorded as a Yes vote.
PRESIDING OFFICER: (SENATOR HENDON) You’re absolutely right, it was quite some time ago. Sorry I didn’t recognize you in time. Senator Halvorson in the Chair.
PRESIDING OFFICER: (SENATOR HALVORSON) Ladies and Gentlemen, we will be going to Secretary’s Desk, Resolutions on page 54. So if everybody can open up their Calendar to page 54. Senator Luechtefeld, do you wish your resolution considered? Madam Secretary, please read the resolution.
Senate Resolution 72.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld.
Thank you, Madam President, Members of the Senate. This Senate Resolution 72 supports the creation of a historic center dedicated to the interpretation and understanding of French colonial life in the United States, to be sited at Fort de Chartres State Park, in -- in -- in Illinois. It’s down in the southwestern part of Illinois. I think it has great advantages, hopefully, in the future for tourism and would hope that this be approved.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the -- the resolution? Senator Luechtefeld moves the adoption of Senate Resolution 72. All 122 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Frerichs, on Resolution No. -- Senate Resolution No. 85. Madam Secretary, please read the resolution.
Senate Resolution 85.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.
…Madam President. Senate Resolution 85 encourages and supports actions by the Congress of the United States to enact legislation to repeal the Government Pension Offset and Windfall Elimination Provision from the Social Security Act, or reduce its effects. These provisions penalize individuals who dedicate the majority or their productive years to public service to the State of Illinois, including educators, police officers, and firefighters. And these provisions take away benefits that public -- public employees or their spouses have earned by paying into the Social Security system. I think it’s something that’s long overdue, and I encourage my colleagues to support this call on our Congress.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, Senator Frerichs moves that we adopt Senate Resolution 85. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Haine, on Resolution No. 121. Senator Haine, do you wish to proceed on Senate Resolution? Madam Secretary, read the resolution.
123 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senate Resolution 121.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Thank you very much, Ladies and Gentlemen of the Senate, Madam President. This merely establishes a week every year, as we do, to increase awareness of the Shaken Baby Syndrome and the damage -- irreparable damage it does to infants. It’s named especially after two young children: One Taylor Nicole Rogers of Edwardsville and Kristina Simmons of Decatur, and all those who have suffered from this terrible infliction of harm.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Senator Haine moves the adoption of Resolution No. 121. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Althoff, on Senate Resolution 126. Mr. Secretary, read the resolution.
Senate Resolution 126. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.
Thank you. Senate Resolution 126 proclaims May 8th, 2007 to be National -- Children’s Mental Health Awareness Day.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, Senator Althoff moves the adoption of Senate Resolution 126. All those in favor will say Aye. Opposed, Nay. The Ayes have it, 124 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 and the resolution is adopted. Senator Hunter, on Senate Resolution 129. Mr. Secretary, read the resolution.
Senate Resolution 129. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.
…you -- thank you, Madam President. Senate Joint {sic} Resolution 129 urges the United States Congress and the President of the United States to enact the Microbicide Development Act, which would amend the Public Service Act {sic} to facilitate the development and -- the development of microbicides for preventing the transmission of HIV and other diseases. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, Senator Hunter moves the adoption of Senate Resolution No. 129. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Kotowski, on Senate Resolution 138. Mr. Secretary, read the resolution.
Senate Resolution 138. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Kotowski.
Thank you, Madam President. Senate Resolution 138 -- rededicates efforts to ensure that all veterans and their 125 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 families living in the State of Illinois have access to excellent palliative and hospice care that meets their special needs, honors them, and thanks them for their service to our country.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, Senator Kotowski moves the adoption of Senate Resolution 138. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Forby, on Senate Resolution 151. Mr. Secretary, read the resolution.
Senate Resolution 151. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby.
Thank you. Resolution 151 designates the 4-H Day at the State Capitol. That’s on Tuesday, March 27th, 207 {sic}. There’s about three hundred thousand of Illinois youth that are 4-H.
PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion on the resolution? Seeing none, Senator Forby moves the -- adoption of Senate Resolution 151. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Althoff, on Senate Resolution 152. Mr. Secretary, read the resolution.
Senate Resolution 152. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 126 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator Althoff.
Thank you. Senate Resolution 152 proclaims the week of March 4th through the 10th, 2007, and the first full week of March each year thereafter, as Local Government Week in the State of Illinois.
PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion on the resolution? Seeing none, Senator Althoff moves the adoption of Senate Resolution 152. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Demuzio, on Senate Resolution 157. Mr. Secretary, read the resolution.
Senate Resolution 157. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.
Yes, thank you, Madam President. Senate Resolution 157 is identical to one that we passed out on April the 7th of 2006. The only thing we’re doing with this resolution is changing the reporting date for us to receive that report back to December the 1st of 2008.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, Senator Demuzio moves the adoption of -- Senate Resolution 157. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Burzynski, on Senate Joint Resolution 17. Mr. Secretary, read the resolution. 127 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
Senate Joint Resolution No. 17. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.
Thank you, Madam President. The resolution resolves that the Senate and House of Representatives respectfully urge the President of the United States, the Congress of the United States to make the Republic of Poland eligible for the United States Department of State’s Visa Wavier Program.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, Senator Burzynski moves the adoption of -- Senate Joint Resolution 17. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Sandoval, on Senate Joint Resolution 22. Mr. Secretary, read the resolution.
Senate Joint Resolution No. 22. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.
Thank you, Madam President. Senate Joint Resolution 22 urges the U.S. Congress to enact the Employee Free Choice Act. Supported by the AFL-CIO, the United Auto Workers, and the United Steel Workers.
PRESIDING OFFICER: (SENATOR HALVORSON) 128 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Is there any discussion on the resolution? Senator Righter.
Thank you, Madam President. Will the sponsor yield on the resolution, please?
PRESIDING OFFICER: (SENATOR HALVORSON) I’m sorry, please repeat your question.
Will -- will the sponsor yield, please, on the resolution, Madam President?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he'll yield.
Thank you very much. Senator, you listed the proponents. Are you aware of any opponents to this Act that is pending in Congress?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.
No.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Okay. Senator, what would the Free Choice Act require as far as changes with regards to elections for labor?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.
The Employee Free Choice Act is intended to protect and preserve the freedom of American workers to organize and join 129 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 unions.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Thank you, Madam President. I do have another question. First, Madam President, I would request formally that a roll call be taken on the adoption of this resolution. Senator, I -- I heard the speech. I mean I get the speech and I’ve read the resolution. What would it do? What -- how would it change current law with regards to decisions about whether or not entities will organize?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.
Unions make up the fabric of this great country and of the State of Illinois. And these are unions about -- unions reflect the -- the working people that build our schools, build our roads, build our hospitals and the infrastructure of America. This recognizes unions in America.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Thank you, Madam President. Senator, for the third time, what would the bill -- what does the resolution call for in the Free Choice Act? How would it change labor law in the United States, please?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.
130 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Once again, the Act would establish meaningful penalties for violations of any worker’s rights to be able to join a union.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
I think three times is enough, Madam President. To the resolution, please.
PRESIDING OFFICER: (SENATOR HALVORSON) …the resolution.
Thank you. Ladies and Gentlemen of the Senate, the reason I suspect that the Senator won’t answer the question is because it’s a really bad idea. The Free Choice Act is a bad idea. Right now, labor elections are made with private ballots. The way we choose our leaders. But for some reason the Senator and the Free Choice Act believe that that shouldn’t be the way we do this. Instead, we should have -- those people should have to show how they’re casting their vote. Where else do we do that? Where else do we do that? That makes no sense whatsoever. I would urge a No vote on the resolution. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion on the amendment? Senator Lauzen. Resolution. Senator Lauzen.
Thank you, Madam President. Questions for the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
131 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Senator, isn’t it the practical effect of this proposal that the secret ballot on union elections will no longer be there?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.
Couple of years ago, the State of Illinois, we passed legislation in this Senate recognizing the card check program as a viable way to organize and form unions in Illinois.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lauzen.
I -- I asked, Senator, will the secret ballot -- will this affect the secret -- that there won’t be a secret ballot on union elections? It’s a yes or a no answer.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.
I can get back to you, Senator Lauzen, on that -- that information.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lauzen.
Then to the bill, I guess, or to the resolution: The answer to that question, if we were being honest about this, is a no -- yes, it does take away the secret ballot. If we no longer have the secret ballot in any election, it opens up the -- the worst abuses of intimidation when people no longer have a chance to vote their consciences without having people bang away at ‘em. So I think that this is a -- a really terrible idea and I frankly 132 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 resent the title of the Act and bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion on the resolution? Seeing none, Senator -- there’s been a request for a roll call vote. Senator -- those in favor of Senate Joint Resolution 22 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 34 Yeas, 19 voting Nay, 0 voting Present. And the resolution, having received the required constitutional majority, is declared adopted. Senator Garrett, on Senate Joint Resolution 27. Top of page 55. Senator Viverito, on Senate Joint Resolution 29. Mr. Secretary, read the resolution.
Senate Joint Resolution No. 29. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito.
This is a -- hopefully a report in preparing Illinois for the aging population. I think it’s a great resolution, because most of us in this room probably are getting to be the age fifty or more, so this will teach us more -- a little bit more about housing and transportation and all of those vital things that keep us alive and young. It’s advice from the Illinois Council on Aging, other departments and officials of State government, AARP, local units of government, and organizations in the private sector, where we’ll be working on this and preparing for the 133 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 future. And I hope there’ll be a Yes vote for this resolution.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, it is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call must be taken. Those in favor of Senate Joint Resolution 29 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 53 Yeas, none voting Nay, none voting Present. The resolution is adopted. Senator Hunter, on Senate Joint Resolution 35. Mr. Secretary, read the resolution.
Senate Joint Resolution 35. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.
Thank you, Madam President. This resolution supports and encourages the Illinois Department of Healthcare and Family Services in its effort with regards to disease management, including chronic -- bronchitis and emphysema, in the Department’s chronic care improvement program in efforts to reduce the financial and clinical burden of COPD on the Medicaid program. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Senator Hunter moves the adoption of Senate Joint Resolution 35. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the 134 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 resolution is adopted. Senator Forby, on Senate Joint Resolution 37. Mr. Secretary, read the resolution.
Senate Joint Resolution 37. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby.
Thank you, Madam President. This designs {sic} the Shawnee Hill Wine Trial. It’s on Illinois 127 between Aldridge Road and Orchard Hill Road, south of Carbondale, and on highway both between Johnson {sic} (Jackson) County and Union County. Design {sic} the name of the Shawnee Hill Wine Trail. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, Senator Forby moves the adoption -- Senator Forby moves the adoption… It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call must be taken. Those in favor of Senate Joint Resolution 37 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 53 Yeas, none voting Nay, none voting Present. The resolution is adopted. Senator Bomke, on Senate Joint Resolution 39. Mr. Secretary, please read the resolution.
Senate Joint Resolution 39. There are no committee amendments.
PRESIDING OFFICER: (SENATOR HALVORSON) 135 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Are there any Floor amendments for consideration?
Floor Amendment No. 1, offered by Senator Bomke.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Bomke, to explain your amendment.
Thank you, Madam President and Ladies and Gentlemen of the Senate. Floor amendment to Senate Joint Resolution 39 simply adds the Illinois State Historic {sic} (Historical) Society as one of the State agencies that has already engaged in assisting the Lincoln-Douglas Debate Sesquicentennial Collation in planning activities for the sesquicentennial year and adds that they should also receive a suitable copy of the resolution.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Bomke moves the adoption of Amendment No. 1 to Resolution -- Senate Joint Resolution 39. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further amendments approved for consideration?
No further amendments, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Bomke, on the resolution.
Thank you, Madam President. The resolution simply designates the Illinois Department of Commerce and Economic Opportunity as the agency within the State executive branch to work with the Lincoln-Douglas Debate Sesquicentennial Collation.
PRESIDING OFFICER: (SENATOR HALVORSON) 136 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Is there any discussion on the resolution? It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call vote must be taken. Those in favor of Senate Joint Resolution 39 will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. And the resolution is adopted. Senator Haine, on Senate Joint Resolution 40. Mr. Secretary, read the resolution.
Senate Joint Resolution 40. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
…you -- thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Joint Resolution 40 is a petition basically from the Illinois Senate to the Congress of the United States and to the President of the United States and the Department of Defense to continue the production of the C-17 Globemaster III, a magnificent transport aircraft capable of meeting the needs of our nation’s uniformed men and women in this current age of a war on terror. Apparently there’s a plan in Washington to upgrade older, less reliable C-5 aircraft, which obviously, in the opinion of many experts, does not meet the needs of our -- defense needs of the United States. We would ask Congress to -- to review this and to support continued production of the C-17 Globemaster, which, of course, is made in the St. Louis area by 137 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 many fine, highly skilled union machinists.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, Senator Haine moves the adoption of a -- Senate Joint Resolution 40. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Demuzio, on Senate Joint Resolution 42. Mr. Secretary, read the resolution.
Senate Joint Resolution 42. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.
Yes, thank you, Madam President. Senate Joint Resolution 42 expresses support for the mission of Rural Partners of Illinois and calls for increased investment in the work of the organization. Rural Partners is a forum that links individuals, businesses, organizations and communities with public and private resources to maximize the quality of life and the economic potential of rural Illinois.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, Senator Demuzio moves the adoption of Senate Joint Resolution 42. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Koehler, on Senate Joint Resolution 43. Mr. Secretary, read the resolution.
Senate Joint Resolution No. 43. The Committee on State Government and Veterans Affairs adopted 138 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Amendment No. 1.
PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Koehler.
Thank you, Madam President, Members of the Senate. This resolution requires the Department of Public Health to immediately comply with the Alzheimer’s Disease Assistant {sic} (Assistance) Act in activating the Alzheimer’s Disease Advisory Committee to carry out various functions. I’d ask for your approval.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call vote must be taken. So those in favor of Senate Joint Resolution 43 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 51 Yeas, none voting Nay, none voting Present. And the resolution is adopted. Senator Garrett, on Senate Joint Resolution 46. Senator Demuzio, on Senate Joint Resolution 47. Mr. Secretary, read the resolution.
Senate Joint Resolution No. 47. 139 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.
Thank -- yes, thank you, Madam President. Senate Joint Resolution 47 designates a portion of Illinois Route 185 in Montgomery County as Officer Terry J. Emerick Memorial Highway. The -- the resolution designates this portion due to the fact that Terry J. Emerick of Vandalia was killed in a traffic accident on May 25th, 1994, while on duty as a police officer for the Illinois Commerce Commission.
PRESIDING OFFICER: (SENATOR HALVORSON) Any discussion on the resolution? It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call vote must be taken. Those in favor of Senate Joint Resolution 47 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 49 Yeas, none voting Nay, none voting Present. The resolution is adopted. Senator Emil Jones, on Senate Joint Resolution 50. Mr. Secretary, read the resolution.
Senate Joint Resolution 50. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HALVORSON) Have there been any Floor amendments approved for consideration?
No further amendments reported, Madam President. 140 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Emil Jones.
Thank you, Madam President. Senate Joint Resolution 50 creates a Task Force to Prevent Campus Violence. And the whole thrust behind the resolution is the recent incident at Virginia Tech. And what the -- the mission of the -- of the Task Force will be to examine the causes of campus violence, develop recommendations to prevent incidents of campus violence and also sexual assault, hate crimes, and even murder. And they are to report back to the General Assembly on -- by December the 31st, 2008. And the members of the Task Force will be the Chair of the respective Higher Education Committees in the House and Senate, along with the Minority Spokespersons, the nine members of the Illinois Federation of Independent Colleges, Chairperson of the Board of Higher Education, the Illinois Community College Board, the President of every State university, the Attorney General or designee, Secretary of Human Services, and the Governor or his designee. That’s -- that’s the whole thrust behind the resolution, so we can get a unified program to deal with all our colleges throughout the State of Illinois so that we don’t have a similar incident that happened -- like happened at Virginia Tech.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call vote must be taken. Those in favor of Senate Joint Resolution 50 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 141 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 the record. On that question, there are 53 Yeas, none voting Nay, none voting Present. The resolution is adopted. Senator Garrett, on House Joint Resolution 1. Mr. Secretary, read the resolution.
House Joint Resolution 1. There are no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.
Yes, thank you, Madam President. House Joint Resolution 1 creates a Joint Task Force on Deaf and Hard of Hearing Education Options to undertake a comprehensive and thorough review of education and services available to the deaf or hard of hearing children in Illinois.
PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion on the resolution? It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call vote must be taken. Those in favor of House Joint Resolution 1 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 51 Yeas, none voting Nay, none voting Present. The resolution is adopted. Senator Trotter, on House Joint Resolution 8. Senator Martinez, on House Joint Resolution 17. Mr. Secretary, read the resolution.
House Joint Resolution 17. There are no committee or Floor amendments reported. 142 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.
Thank you, Madam President and Members of the Senate. House Joint Resolution 17 designates the first week of February in 2008 and each subsequent year is to be known as Oprah Winfrey Week to recognize the innumerable achievements of Ms. Winfrey, as well as her mark on the world as an African-American woman.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the resolution? Seeing none, Senator Martinez moves the adoption of House Joint Resolution 17. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The resolution is adopted. Senator Emil Jones, for what purpose do you rise?
Thank you, Madam President. Just to inform the Body that it is our intent to come back in on Tuesday, rather than Monday. We’re going to cancel Monday’s schedule, but our schedule calls for us to be in the Memorial Day weekend and I don’t want to make a decision right now as relate to our schedule for that Friday, Saturday or Sunday or Monday. So come prepared to -- to work the weekend. But if things change as we are here next week, then we’ll make that decision later on next week. But just in case, I would suggest you come prepared.
PRESIDING OFFICER: (SENATOR HALVORSON) Mr. Secretary, Resolutions.
Senate Resolution 197 and 198, both by Senator Radogno and all Members. 143 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 It is a -- they are death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions Consent Calendar.
And Senate Resolutions {sic} 199, offered by Senator Silverstein and Schoenberg. Senate Resolution 200, offered by Senator Collins. And Senate Joint Resolution No. 56, offered by Senator Demuzio. They are substantive resolutions.
PRESIDING OFFICER: (SENATOR HALVORSON) Mr. 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 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 No. 63. (Secretary reads HJR No. 63) Adopted by the House, May 18th, 2007.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link moves to suspend the rules for the purpose of immediate consideration and adoption of House Joint Resolution 63. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Link moves for the adoption of House Joint Resolution 63. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Mr. Secretary, Resolutions -- Resolutions Consent 144 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42nd Legislative Day 5/18/2007 Calendar. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, have there -- Mr. Secretary, have there been any objections filed to any resolution on the Consent Calendar?
No -- objections have been filed, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the resolutions are adopted. Pursuant to House Joint Resolution 63, the Senate stands adjourned until the hour of 12 noon, Tuesday, May 22nd, 2007. The Senate stands adjourned. 145