Illinois General Assembly Floor TranscriptsBrowseSenate95th GA

Illinois Senate Floor Debate — May 22, 2007

95th General Assembly (2007-2008) · Legislative day 43 · Regular Session
Chamber
Senate
General Assembly
95th (2007-2008)
Date
May 22, 2007
Legislative day
43
Session
Regular Session
Speaker turns
938
Original
View the source PDF ↗
NANCY FLOOD

(Prayer by Nancy Flood)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Please remain standing for the Pledge of Allegiance. Senator Maloney.

Edward D. Maloney (D)

(Pledge of Allegiance, led by Senator Maloney)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) You may be seated. Madam Secretary, Reading and Approval of the Journal.

Deborah Shipley

Senate Journal -- Senate Journal of Friday, May 18th, 2007.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

Mattie Hunter (D)

Mr. President, I move that the Journal just read by the Secretary be approved, unless some Senators has additions or corrections to offer.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Messages.

Deborah Shipley

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: 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 House Bill 230. We’ve received like Messages on House Bills 1334, 1451, 2254, 2353, 3626 and 3733. All passed the House, May 18th, 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 24. Offered by Senator Demuzio. Adopted by the House, May 18th, 2007. Mark Mahoney, Clerk of the House. It’s substantive, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? Please come to the Senate Floor. Further Messages.

Deborah Shipley

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 titles -- 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 235. We’ve received like Messages on House Bills 1017, 1868 and 3633. All passed the House, May 21st, 2007. Mark Mahoney, Clerk of the House. 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 And a final Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 148, together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 1 to Senate Bill 148. Passed the House, as amended, May 21st, 2007. Mark Mahoney, Clerk of the House.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? House Bills 1st Reading.

Deborah Shipley

House Bill 230, offered by Senator Delgado. (Secretary reads title of bill) House Bill 261, offered by Senator Murphy. (Secretary reads title of bill) House Bill 1451, offered by Senator Althoff. (Secretary reads title of bill) House Bill 2006, offered by Senator Lightford. (Secretary reads title of bill) House Bill 2007, offered by Senator Lightford. (Secretary reads title of bill) House Bill 2011, offered by Senator Lightford. (Secretary reads title of bill) House Bill 2013, offered by Senator Lightford. (Secretary reads title of bill) House Bill 2017, offered by Senator Lightford. 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 (Secretary reads title of bill) House Bill 2254, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 2352, offered by Senator Harmon. (Secretary reads title of bill) House Bill 3106, offered by Senator Frerichs. (Secretary reads title of bill) House Bill 3256, offered by Senator Link. (Secretary reads title of bill) House Bill 3571, offered by Senator Sullivan. (Secretary reads title of bill) And House Bill 3633, offered by Senator Demuzio. (Secretary reads title of bill) 1st Reading of the bills.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There are four House Members on the Senate Floor right now. I guess they’re trying to beg for mercy in the softball game tomorrow. We have Representative Washington, Miller, Molaro and Hernandez. But we may as well put ‘em off the Senate Floor now, because there will be no mercy tomorrow in the House/Senate softball game. So, you’re not going to get your bills passed. You’re not going to get any mercy in the game. So, you may as well leave the Senate Floor. This is the House of Lords here, not the House of Commons - that is across the way. So find your way across the way. Will all Members under the sound of my voice -- Senators, please come to the Senate Floor. We will be going to substantial action - 2nd Readings and 3rd Readings. Please come to the Senate Floor promptly. The Senate/House softball game is tomorrow - tomorrow, Ladies and Gentlemen - 5:30 at 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Lincoln Park, so be prepared. Will all Members under the sound of my voice please come to the Senate Floor? We’re going to go to page 46 of your -- Senate Calendar, where we left off. Will all Members under the sound of my voice please come to the Senate Floor? Would all administrative assistants please direct your Senator to the Senate Floor? Senator Peterson, for what purpose do you seek recognition, sir?

William E. Peterson (R)

Mr. President, an inquiry of the Chair.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your inquiry.

William E. Peterson (R)

I notice there are no Calendars on this side of the aisle. Would you please direct the appropriate people to distribute those, please?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Would the Calendars please be distributed? We need Calendars. Make sure all Calendars are distributed to the Senators so we can proceed. Once the Calendars are distributed, we will be -- turn -- those who have them should turn to page 46. Senator Hunter, for what purpose do you seek recognition, ma’am?

Mattie Hunter (D)

Point of personal privilege, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Go ahead and state your point, Senator.

Mattie Hunter (D)

Thank you, Mr. President. We have several elementary schools visiting from Chicago here with us today. Two of the 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 schools are Senator -- are President Jones’ school. We have Shoop Elementary and Songhai. Will you please rise?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Senate? Welcome to the Illinois Senate from President Jones’ district. Welcome Shoop, Songhai. Senator Hunter.

Mattie Hunter (D)

Thank you once again, Mr. President. And we have two of my schools from the 3rd Legislative District who are here visiting. We have Jenner Elementary and Nicholson.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will those loud students from Jenner please stand? Senator Hunter.

Mattie Hunter (D)

And President Jones has one more school who’s here. We have Langston Hughes in the house.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate. Senator Hunter.

Mattie Hunter (D)

And -- and last, but not least, we have one more school. We have the McCorkle Elementary School in the house.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise? Welcome to the Illinois Senate. Welcome to the Senate. Seems like it’s education day here in the Senate. Senator Koehler, for what purpose do you seek recognition, sir?

David Koehler (D)

Thank you, Mr. President. A point of personal privilege.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 State your point.

David Koehler (D)

Today, I have with me a Page for the Day. I’d like to introduce to you, Kyle Sweet. He’s a sixth grader from Illini Bluffs Middle School from Glasford, and his mother, Lisa, is in the audience. If you’d please welcome them to the Senate.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, Kyle. Welcome, and your mother, Lisa. Welcome. Will all Senators under the sound of my voice come to the Senate Floor? House Bills 2nd Reading. Page - - middle of page 46. Senator Demuzio. Senator Demuzio. Out of the record. House Bill 118. Senator Sullivan. Senator Sullivan. House Bill 192. Senator Trotter. Madam Secretary, read the gentleman’s bill.

Deborah Shipley

House Bill 192. (Secretary reads title of bill) 2nd -- 3rd -- I’m sorry. 2nd Reading of the bill. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 334. Senator Althoff. Out of the record. House Bill 358. Senator Munoz. House Bill 411. Senator Haine. House Bill 497. Senator Link. Senator Link. Madam Secretary, read the bill.

Deborah Shipley

House Bill 497. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted Committee Amendment No. 2. 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 624. Senator Munoz. House Bill 663. Senator Althoff. 663. House Bill 699. Senator Koehler. House Bill 743. Senator Link. 743. Madam Secretary, read the bill.

Deborah Shipley

House Bill 743. (Secretary reads title of bill) 2nd Reading of the bill. The -- the Committee on State Government and Veterans Affairs adopted Committee Amendment No. 1.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 928. Senator Link. Madam Secretary, read the bill.

Deborah Shipley

House Bill 928. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 982. Senator Maloney. Madam Secretary, read the bill.

Deborah Shipley

House Bill 982. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Human Services adopted {sic} Committee Amendment No. 1.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 1074. Senator Halvorson. 1074. House Bill 1491. Senator Wilhelmi. 1491. House Bill 1542. Senator Halvorson. House Bill 1835. Senator Maloney. 1835. House Bill 1888. Senator Clayborne. House Bill 2106. Senator Demuzio. 2106. House Bill 2179. Senator Demuzio. House Bill 3627. Senator Trotter. 3627. Madam Secretary, read… 3627, sir. Charitable Trust Stabilization. Madam Secretary, read the bill.

Deborah Shipley

House Bill 3627. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary-Civil Law adopted Committee Amendment -- Committee Amendment No. 1.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. We’re about to go to 3rd Readings. Please turn to page 31 of your Senate Calendar. Page 31 of your Senate Calendar. Middle of page 31 -- bottom of page 31. Bottom of page 31 on your Senate Calendar is House Bill 4. Senator Link. House Bill -- top of page 32. House Bill 9. Senator Haine. Senator Haine, House Bill 9? Madam Secretary, read the bill.

Deborah Shipley

House Bill 9. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

William R. Haine (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 9 clarifies that personal property which may be the subject of an order of protection in a domestic violence case would include animals owned or possessed by the petitioner, by the respondent, or by a minor child residing with either the petitioner or the respondent. It’s -- it’s -- it’s a simple, straightforward bill. Sometimes the animals are attacked and destroyed, not only out of cruelty, but out of an effort to dominate or to injure emotionally the petitioner in a -- in a domestic violence case. And I do, Mr. President, have a -- a legislative intent to add, if I may, sir. The legislative intent is as follows: In the case of livestock used for production 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 agriculture, as defined in Section 3-35 of the Use Tax Act, a -- a -- a -- this bill would intend that stipulation should be made by the court to ensure that animals are managed in accordance with commonly accepted agricultural practices.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Righter. No? The question is, shall House Bill 9 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 9, having received the required constitutional majority, is declared passed. House Bill 12. Senator Martinez. Madam Secretary, read the bill.

Deborah Shipley

House Bill 12. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.

Iris Y. Martinez (D)

Thank you, Mr. President, Members of the Senate. House Bill 12 amends the Local Government Employee Benefits Continuation Act in the Section regarding protected benefits in home rule units, making it so large home rule units may not limit or restrict the right to regular compensation, health insurance and other benefits of any employee who is a member of any reserve component of the United States Armed Services, including the Illinois National Guard, and who is mobilized to active military duty.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Is there any discussion? Seeing none, the question is, shall House Bill 12 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 12, having received the required constitutional majority, is declared passed. House Bill 17. Senator Ronen. Senator Ronen. House Bill 18. Senator Lightford. House Bill 25. Senator Viverito. House Bill 28. Senator Frerichs. 28. Madam Secretary, read the bill.

Deborah Shipley

House Bill 28. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.

Michael W. Frerichs (D)

Thank you, Mr. President. House Bill 28 amends the Open Meetings Act, the State Comptroller Act, and the Department of Central Management Services Law of the Civil Administrative Code of Illinois to change the State governmental Employees and Retirees Suggestion Award Program by renaming it the State Government Suggestion Award Program, making the Program open to all Illinois residents. It passed the House unanimously. I would ask a favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 28 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 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 28, having received the required constitutional majority, is declared passed. ABC Channel 20 requests leave to videotape. Is leave granted? Leave is granted. House Bill 30. Senator Wilhelmi. Madam Secretary, read the bill.

Deborah Shipley

House Bill 30. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

A. J. Wilhelmi (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 30 amends the definition of a person with disabilities to include a person who is missing a hand or arm or has permanently lost the use of a hand or arm. This bill came as a result of a constituent of mine and Representative Hassert, where the person couldn’t carry groceries to and from the store to the car. We think this is a good addition to definition of persons with disabilities. I’ll be happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 30 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, none voting 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Nay, none voting Present. House Bill 30, having received the required constitutional majority, is declared passed. Senator Crotty, for what purpose do you seek recognition?

M. Maggie Crotty (D)

Well, thank you very much. If everybody could just focus in on the first gentleman that just turned his back on some of us in the second row, Senator Maloney’s birthday is today, and he’s not afraid to tell you how old he is. He’s twenty-two thousand, two hundred and eighty days old, and you do the math. Also there are some cupcakes in Room 119. Let’s all wish Senator Maloney a happy birthday.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Happy birthday, Senator Maloney. Thank you. Later you can explain those cheap cupcakes and why you don’t have a full cake in your office for all of us. You’re on diets for the game. Okay, we’ll eat cupcakes then. House Bill 38. Senator Holmes. House Bill 39. Senator Wilhelmi. Madam Secretary, read the bill.

Deborah Shipley

House Bill 39. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.

A. J. Wilhelmi (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 39 creates an exemption from eavesdropping to allow, with prior notice to the State’s attorney, the recording or monitoring of conversations in a child pornography 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 investigation where a police officer, or someone acting on behalf of the police officer, is a party to the conversation and has consented to the recording or monitoring. Please note that we did have an amendment which would allow for judicial oversight and for court approval for the recording after the fact within forty-eight hours. This is a good bill, and I ask for your support.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 39 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 39, having received the required constitutional majority, is declared passed. House Bill 49. Out of the record. House Bill 50. Senator Dillard. Out of the record. House Bill 120. Senator Pankau. Madam Secretary, read the bill.

Deborah Shipley

House Bill 120. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.

Carole Pankau (R)

House Bill 120 extends the sunset date of the Illinois Petroleum Education and Marketing Act to January 1st, 2018.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 shall House Bill 120 pass. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. House Bill 120, having received the required constitutional majority, is declared passed. House Bill 121. Senator Maloney. 121. Madam Secretary, please read the bill.

Deborah Shipley

House Bill 121. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.

Edward D. Maloney (D)

Thank you, Mr. President. House Bill 121 extends the Sunset Act to provide for the extension of the Illinois Speech-Language and -- Pathology and Audiology until 2018. It does make a change in the required licensures for audiologists from a master’s degree to a doctoral degree. This doctoral degree, however, is not to be confused with a Ph.D., but it’s more -- I -- I would use the analogy of law school. There is no more master’s programs. They go directly into this program. Those who are currently practicing with a master’s degree will be allowed to continue to practice and any person from out-of-state who is currently practicing can apply for licensure as well. The Illinois Hospital Association initially had some concerns with this, but when the audiology doctoral component was explained to ‘em, they are now neutral. Be happy to answer any questions. 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 121 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 121, having received the required constitutional majority, is declared passed. House Bill 126. Senator Dillard. Madam Secretary, please read the bill.

Deborah Shipley

House Bill 126. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. I’m happy to see you’re in your Chicago Cubs blue. I was worried you were going to move to St. Louis with all the hoopla last week. So -- and I’m ready. I just want to let -- put -- let you know -- know, coach, I’m ready for tonight’s practice. So we’re ready to go.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Absolutely. We took two out of three from the White Sox this weekend. Senator Dillard.

Kirk W. Dillard (R)

While -- while we’re on the agenda of sunset date extensions, this one, House Bill 126, extends the Podiatric Medicine {sic} Practice Act for another ten years. Obviously, 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 it’s a -- an initiative of the -- of the podiatrists. It is also supported, importantly, by the Illinois State Medical Society, and I’d urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 126 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 54 voting Aye, none voting Nay, none voting Present. House Bill 126, having received the required constitutional majority, is declared passed. Top of page 32. I mean, 33 now. House Bill 132. Senator Holmes. Madam Secretary, read the bill.

Deborah Shipley

House Bill 132. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.

Linda Holmes (D)

Thank you very much, Mr. President. House Bill 132 authorizes, but does not require, the court to order a defendant to participate in a Partner Abuse Intervention Program when the defendant’s been convicted of assault, aggravated assault - sorry - domestic battery or aggravated domestic battery against a family or household member. This puts the cost of attending the programs on the defendant. I would ask an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 shall House Bill 132 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 132, having received the required constitutional majority, is declared passed. House Bill 133. Senator Demuzio. House Bill 137. Senator Demuzio. House Bill 147. Senator Koehler. Madam Secretary, read the bill.

Deborah Shipley

House Bill 147. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

David Koehler (D)

Thank you, Mr. President, Members of the Senate. House Bill 147 is a very important bill. It provides that every insurer shall provide, in each group or individual policy, coverage for a complete and thorough clinical breast examination performed by a physician licensed to practice medicine in all its branches, an advanced practiced nurse, or a physician’s assistant for at least every three years for a woman twenty to forty years old and annually for a woman forty or older. House Bill 147 also provides that upon approval of a nationally recognized separate and distinct clinical breast exam code, private insurance plans shall take action to cover clinical breast exams on a separate and distinct basis. And finally, let me add that House Bill 147 establishes a written summary on clinical breast exams and what 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 the summary shall address. I would ask for your approval.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Althoff.

Pamela J. Althoff (R)

Thank you, Mr. President. Will the sponsor yield?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Althoff.

Pamela J. Althoff (R)

Thank you. A rather technical question, Senator, but on pages 4, 5 and 6 of your bill, language is added to the Counties Code, the Municipal Code and the School Code. Can you tell me what that language does and what the effect is on those specific units of local government?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

David Koehler (D)

One moment. I think -- I -- my recollection is that this would mean that all group insurance plans really have to cover this. One of the things that we -- we have talked about before, I know that was under consideration, was whether this is going to be its own separate coding. It -- what it states here in the analysis is that if on the federal level that there is a separate CPT code given to this, then that would have to be covered as well, but in most cases this will be likely covered as part of a routine breast exam. This means, though, that there is a standardized protocol that will be in place.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

Pamela J. Althoff (R)

20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Senator, I’m extremely supportive of this initiative. I think it’s fine. I just really would like to establish for the record that this is an unfunded mandate to all of those units of local government. At a time when we’re looking at the budget and we’re concerned about how we’re spending our moneys responsibly, this -- this specific piece of legislation, although laudable, actually puts another unfunded mandate on our schools and our local units of government.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

David Koehler (D)

Yes, it does. I think that one of the things to understand about this and why this is such an important piece of legislation is that we all know that early detection really saves us a lot of dollars and saves us lives as well. The importance of this is that it standardizes the protocol so that we can be assured that when women and some men - I mean, men are -- are also not immune to this disease as well - that when they are examined that it’s the best possible examination and it’s going to detect, you know, at a far better rate, you know, early detection of breast cancer.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

Pamela J. Althoff (R)

I -- I think I was misunderstood. I think what I’m pointing out is the legislation is not going to require these units of local government to do this unless we fund it. So, my concern would be is to definitely take the leadership role on that and ensure that our upcoming budget includes those kinds of expenditures. Thank you. 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler, to close.

David Koehler (D)

Yes, I certainly agree with that, and I would ask for your Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 147 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 52 voting Aye, none voting Nay, none voting Present. House Bill 147, having received the required constitutional majority, is declared passed. House Bill 156. Senator Hultgren. Madam Secretary, read the bill.

Deborah Shipley

House Bill 156. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hultgren.

Randall M. Hultgren (R)

Thank you, Mr. President. This is a bill that was brought to the attention of the House Member who sponsored it by a State’s attorney down in Hamilton County. I’m a sponsor along with Senator Jones on this. But, deals with, in our sex offender law, recognizing that a -- a place where many children are present, where we put prohibitions of having a sex offender serving would be at a county fair where children under the age of eighteen are present. Thought being really with carnival rides 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 and things like that. So I’d ask for the support of the Body. There’s no opposition.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 156 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 156, having received the required constitutional majority, is declared passed. House Bill 161. Senator DeLeo. Madam Secretary, read the bill.

Deborah Shipley

House Bill 161. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This is -- House Bill 161 is identical to Senate Bill 1575, we passed out of here early in the year 55 to nothing. This is to provide that -- for the insurance {sic} of Iraq Campaign and Afghanistan Campaign -- Campaign license plates, respectively, to people -- persons who have earned a Iraq or Afghanistan Campaign Medal from the United States Armed Forces. I ask for affirmative roll call.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 161 pass. All those in favor will vote Aye. 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 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 52 voting Aye, 1 voting Nay, none voting Present. House Bill 161, having received the required constitutional majority, is declared passed. Don’t worry House chicken. House Bill 166. Senator Bond. Madam Secretary, read the bill.

Deborah Shipley

House Bill 166. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.

Michael Bond (D)

Thank you, Mr. President. House Bill 166 is a result of an incident in my district, working with my Republican Representative JoAnn Osmond, and this addresses when a public employee of a fire department or police station becomes pregnant and the terms in which they were to deal with relaxed duty. What this bill does, it makes it a civil rights violation for a public employer to not temporarily transfer a pregnant peace officer or firefighter to a less strenuous or hazardous position during pregnancy if, one, she asks; two, the physician advises; and three, the transfer can be reasonably accommodated. And that reasonable accommodation would be done, and that decision would be made by the -- the chief of -- of the fire department or the captain of the police agency. And I’d just like to make that clarification.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Any discussion? Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. To the bill: Simply rise in support of the bill. It received unanimous approval in the Senate Executive Committee. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 166 pass. Those in favor will vote Aye. 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 54 voting Aye, none voting Nay, none voting Present. House Bill 166, having received the required constitutional majority, is declared passed. House Bill 170. Senator Peterson. Madam Secretary, please read the bill.

Deborah Shipley

House Bill 170. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Peterson.

William E. Peterson (R)

Thank you, Mr. President. This bill will amend the Clerks of Courts Act and Unified Code of Corrections. Provides that an additional fine of five hundred dollars shall be imposed upon a person convicted of child pornography. Provides that the additional fines be distributed to the unit of local government whose law enforcement officers investigated the case that gave rise to the conviction of the defendant for the child pornography. Know of no opponents. Ask for your support. 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 170 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 record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 170, having received the required constitutional majority, is declared passed. House Bill 174. Senator Sullivan. House Bill 182. Senator Hunter. Madam Secretary, read the bill.

Deborah Shipley

House Bill 182. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

Mattie Hunter (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 182 creates the Forensic Psychiatry Fellowship Training Program, which directs the University of Illinois-Chicago and the Southern Illinois University to expand their focus on enrolling, training, and graduating forensic mental health professionals. I know of no opposition, and I ask for a favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 182 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 182, having received the required constitutional majority, is declared passed. House Bill 194. Senator Hultgren. 194? House Bill 201. Senator Sieben. House Bill 202. Senator Link. Madam Secretary, read the bill. House Bill 202.

Deborah Shipley

House Bill 202. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

Thank you, Mr. President. Did we add the amendment on the bill already? Did -- we did, oh. Okay.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Yes. The -- the…

Terry Link (D)

It has been adopted? Okay.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The amendment was adopted. Senator Link.

Terry Link (D)

Okay. Thank you, Mr. President. This is the bill for the Youthbuild of the State of Illinois. I -- it’s pertaining to reports that shall be, but not limited to, the number of participants in the program, and the cost per participant, and what the number of projects completed, and that they would have a report to the General Assembly. I know of no opposition. I’ll be more than happy to answer any questions. 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 202 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 202, having received the required constitutional majority, is declared passed. House Bill 217. Senator Sieben. House Bill 226. Senator Delgado. Madam Secretary, please read the bill. 226.

Deborah Shipley

House Bill 226. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

William Delgado (D)

Thank you, Mr. President, Members of the Senate. House Bill 226 requires gasoline or service stations to provide refueling assistance for disabled persons at no cost beyond self-service. This bill also requires the Secretary of State’s Office to provide information regarding refueling assistance on its website and in a published brochure. Information will also be available on the Department of Human Services’ website, as well as provided on highway signage through the Department of Transportation. If a person misrepresents their need for refueling assistance or requests it and deliberately absent from a station, they can be charged with a Class C misdemeanor. And this bill also will make a technical change. And I would ask for your Aye vote and 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 prepared to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Will the sponsor yield, please?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.

Dale A. Righter (R)

Senator Delgado, for all my little one- and two-person gas stations back home in my district, how -- how are they suppose to judge what is a disability sufficient enough to make them walk out from behind the cash register and go fill up the person’s tank? What -- are we talking about a sore knee here? Are we talking about someone who’s wheelchair bound, and what about in- between?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

William Delgado (D)

Thank you, Mr. President. Senator Righter, according to current law, it already requires service stations that both have self-service and full-service islands to dispense motor fuel for physically disabled, disabled veterans and persons displaying a special decal or device indicating handicap status. The service station may only charge the price that it charges the general public for fuel dispensed at the service island. Does that help a little bit as to your answer?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Thank you, Mr. President. Well, Senator, so -- I’m not sure I understand. Will these motorists have a decal on -- hanging from their rearview mirror or something on their license plate to indicate to the station owner that they are someone who the -- we have decided needs that assistance?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

William Delgado (D)

That is correct, Senator.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

And last question. Thank you, Mr. President. Then am -- am I safe in assuming then that the station owner won’t be under any liability if -- the station owner won’t be under any liability, unless that person has that sticker, decal or whatever it is displayed? Is that fair to say?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

William Delgado (D)

That is correct, Senator.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall House Bill 226 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 226, having received the required constitutional majority, is declared passed. House Bill 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 236. Senator Harmon. Madam Secretary, read the bill.

Deborah Shipley

House Bill 236. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 236 provides for the transfer of the Cook County Juvenile Detention Center from the Office of the County Board President to the Office of the Chief Judge’s Office. It is identical to Senate Bill 1686, which passed the Senate unanimously, and represents an agreement among the Cook County Board President, the Bar Associations and the juvenile justice advocates. I’m not aware of any opposition. I ask for your Aye votes.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 236 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? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 236, having received the required constitutional majority, is declared passed. House Bill 250. Senator -- Senator Althoff. …moment, Senator Althoff. Oh! Senator Dahl, for what purpose do you seek recognition?

Gary G. Dahl (R)

31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Moment of personal privilege, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.

Gary G. Dahl (R)

In the gallery up here today, we have some people from LaSalle-Peru area, Dick and Joyce Koontz, and they’re being escorted today by my lovely bride, Debbie.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) …our guests please rise and be welcomed to the Senate. Welcome to the Illinois Senate. House Bill 250. Out of the record. House Bill 251. Senator Althoff. Madam Secretary, please read the bill.

Deborah Shipley

House Bill 251. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

Pamela J. Althoff (R)

Thank you, Mr. President. House Bill 251 adds private security officers to the list of people or offices against whom aggravated assault, battery, aggravated battery with a firearm, or aggravated battery with a machine gun or firearm can be committed against. It ensures that those persons who are employed as private security officers and engaged in execution of their duties are provided with the same legal protections against assaults and batteries as peace officers currently enjoy. I know of no opposition and would ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Is there any discussion? Seeing none, the question is, shall House Bill 251 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 251, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go back to Senator Hultgren’s bill. 194. House Bill 194. Senator Hultgren. Madam Secretary, please read the bill

Deborah Shipley

House Bill 194. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hultgren.

Randall M. Hultgren (R)

Thank you, Mr. President. This is a bill that we’ve worked closely with law enforcement on, and what it is it’s a clarification and creation of the Missing Persons Identification Act. What it does is requires law enforcement to accept in- person reports of missing persons whether it -- no matter what the age is. And there’s no opposition to this and there has been a task force, again, trying to address the significant problem we have of missing persons here in the State of Illinois. I’d ask for the Body’s support.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 194 pass. All those in favor will vote Aye. 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 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 194, having received the required constitutional majority, is declared passed. Now we’ll go back to page 34 of your Senate Calendar. House Bill 254. Senator Hultgren. Out of the record. House Bill 260. Senator Harmon. 260. House Bill 263. Senator Link. 263. Senator Link. House Bill 272. Senator Sullivan. 272. House Bill 277. Senator Clayborne. Madam Secretary -- Senator Clayborne seeks leave of the Body to return House Bill 277 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 277. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 2, offered by Senator Clayborne.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. President. Basically it changes -- it defines what a third party is. It replaces the “third party” with “bank, financial institution, lender, or other person that provides factoring or financing to an owner or operator or to a consultant of an owner or operator”.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Clayborne moves adoption of Amendment No. 2 to House Bill 277. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House… Keep -- keep it right there. Move on. House Bill 281. Senator Hunter. Senator Hunter. Madam Secretary, read the bill.

Deborah Shipley

House Bill 281. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

Mattie Hunter (D)

…you -- thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 281, as introduced, extends the statute of limitations to seven years for theft of real property valued over one hundred thousand dollars, identity theft, aggravated identity theft, and offenses under the Illinois Financial Crimes Act. I know of no opposition, and I ask for a favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 281 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 281, having received the required constitutional majority, is declared passed. House 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Bill 282. Senator Haine. Madam Secretary, read the bill.

Deborah Shipley

House Bill 282. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

William R. Haine (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate -- Senate. House Bill 282 is a bill which authorizes in counties outside of Cook, because Cook already has this authority, a licensed detective or licensed process server to -- to serve these notices required under the Property Tax Code that begin periods of redemption. Apparently the local county sheriffs are overwhelmed with other notices and other things to do and these become problems for them, which causes a disruption in the property tax cycle. The Sheriffs are neutral on the bill. They cannot charge any more than the sheriff would charge.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 282 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 wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. House Bill 282, having received the required constitutional majority, is declared passed. House Bill 290. Senator Sullivan. House Bill 293. Senator Sullivan. House Bill 297. Senator John Jones. Madam Secretary, please read the bill.

Deborah Shipley

36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 House Bill 297. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.

John O. Jones (R)

Thank you, Mr. President. House -- House Bill 297 is a Department of Natural Resources bill that creates a hound running area licensure program.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 297 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 {sic} (55) voting Aye, none voting Nay, none voting Present. House Bill 297, having received the required constitutional majority, is declared passed. House Bill 304. Senator Garrett. Madam Secretary, please read the bill.

Deborah Shipley

House Bill 304. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Yes, thank you, Mr. President. House Bill 304 simply requires that any written review or findings of the Department of Public Health or any other reviewing organization concerning an 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 application for a permit from the Health Facilities Planning Board shall be available to the public at least fourteen calendar days before the meeting of the Board.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 304 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 304, having received the required constitutional majority, is declared passed. House Bill 310. Senator Crotty. Madam Secretary, please read the bill.

Deborah Shipley

House Bill 310. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

M. Maggie Crotty (D)

Thank you, Mr. President. House Bill 310 gives counties the ability to appropriate from the county treasury funds to be used for economic development purposes, including in making of grants to other government entities or commercial enterprises. This -- this is already being done because it’s in the County Code, but it was brought to our attention that it’s not in the Powers Section, so this bill just cross-references this in the Powers Section of the current statute.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Is there any discussion? Seeing none, the question is, shall House Bill 310 pass. All those in favor will vote Aye. All those opposed will vote Nay. And the -- just a moment, please. Senator Althoff, for what purpose do you rise?

Pamela J. Althoff (R)

Will the sponsor yield?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) She indicates she will. Senator Althoff.

Pamela J. Althoff (R)

Thank you. Senator Crotty, might I ask - my understanding is that there were two amendments that were supposed to be added to this legislation - are -- are you aware of -- of the status of those amendments?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

M. Maggie Crotty (D)

Yes, I am. They’re still in Rules and -- and they won’t be coming out I was told, so I’m just going to run the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

Pamela J. Althoff (R)

Thank you. That’s the information I was looking for.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall House Bill 310 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 56 voting Aye, none voting Nay, none voting Present. House Bill 310, having received the 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 required constitutional majority, is declared passed. House Bill 316. Senator Clayborne. Senator Clayborne. House Bill 320. Senator Sullivan. House Bill 328. Senator Righter. Madam Secretary, please read the gentleman’s bill. Senator Righter seeks leave of the Body to return Senate Bill -- I mean, House Bill 328 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 328. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 1, offered by Senator Righter.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Senate Amendment 1 to House Bill 328 adds qualifying language to the Section that would add a law enforcement officer to the definition of a public official. I’ll be happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Righter moves adoption of Amendment No. 1 to House Bill 328. 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?

Deborah Shipley

No further amendments reported, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 335. Out of the record. House 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Bill 351. Senator Forby. House Bill -- moving right along. House Bill 362. Senator Sullivan. House Bill 369. Senator Althoff. Senator Althoff seeks leave of the Body to return House Bill 369 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 369. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 1, offered by Senator Althoff.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

Pamela J. Althoff (R)

Thank you. The amendment just actually adds a time frame for the expiration date.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Althoff moves adoption of Amendment No. 1 to House Bill 369. 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?

Deborah Shipley

…further -- no further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 374. Senator Link. House Bill 375. Senator Cullerton. Senator Cullerton? 375. Madam Secretary, please read the gentleman’s bill.

Deborah Shipley

House Bill 375. (Secretary reads title of bill) 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton, on House Bill 375. Senator Cullerton.

John J. Cullerton (D)

Yes, thank you very much, Mr. President. This bill is identical to Senate Bill 50, so we’ve already passed it unanimously. Unfortunately, I don’t -- I think it’s having some problems over in the House, so it’s necessary for us to pass this House bill as well. This is a -- the Great Lakes Water Compact bill. It’s a very good deal for Illinois. A number of states have agreed to the Great Lakes Compact, and the -- these states that surround the Great Lakes have to approve of it, as we have. The Compact will prohibit new or increased out-of-basin diversions, except for certain special circumstances to provide drinking water; establish uniform -- standards across the Great Lakes states for evaluating new uses of Great Lakes water. And the best part of it is, actually Illinois is exempt because we are covered by a superseding United States Supreme Court consent decree arising from the reversal of the Chicago River. This would require public notice before new water rates are used and develop new water resource inventories and efficiency programs. For that reason, I would ask for an Aye vote. Be happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 375 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Nay, none voting Present. House Bill 375, having received the required constitutional majority, is declared passed. House Bill 376. Senator Clayborne. House Bill 405. Senator Jacobs. House Bill 415. Senator Demuzio. House Bill 427. Senator Delgado. House Bill 438. Senator Burzynski. Madam Secretary, read the bill.

Deborah Shipley

House Bill 438. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.

J. Bradley Burzynski (R)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 438 expands provisions regarding bullying prevention education to allow school districts to provide for instruction in gang resistance education. This is an effort to capture twenty million dollars in federal funding for these types of programs and provide -- safer schools for our children.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 438 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 56 voting Aye, none voting Nay, none voting Present. House Bill 438, having received the required constitutional majority, is declared passed. House Bill 439. Senator Dillard. 439. House Bill 449. Senator Hultgren. Madam Secretary, please read the gentleman’s 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 bill.

Deborah Shipley

House Bill 449. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) …Hultgren.

Randall M. Hultgren (R)

Thank you, Mr. President. This is -- we -- we already have a statute dealing with aggravated identity theft. All that this does is, with the help of the State’s attorneys, add in organized crime being involved in identity theft, which we’re seeing more and more often. So I’d ask for the support of the Body. It’s -- this is support of -- supported by everyone. No -- no opponents. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 449 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 56 voting Aye, none voting Nay, none voting Present. House Bill 449, having received the required constitutional majority, is declared passed. House Bill 457. Senator Millner. Madam Secretary, please read the fine gentleman’s bill.

Deborah Shipley

House Bill 457. (Secretary reads title of bill) 3rd Reading of the bill. 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.

John J. Millner (R)

Thank you, Mr. President. This amends the Illinois Controlled Substance Act to add Salvia divinorum as a Schedule I controlled substance, and makes two technical changes listed under subsection (d) as a hallucinogenic substance. I ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Schoenberg. Seeing none, the question is, shall House Bill 457 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 57 voting Aye, none voting Nay, none voting Present. House Bill 457, having received the required constitutional majority, is declared passed. House Bill -- Senator Schoenberg, for what purpose do you seek recognition, sir?

Jeffrey M. Schoenberg (D)

Thank you, Mr. President. If the record could please reflect that I wish to be recorded as voting Aye on House Bill 449. I hit my switch and the light didn’t go on. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Record will so reflect. We hope you hit better today -- tomorrow in the softball game. Senator Kotowski, for what purpose do you rise, sir?

Dan Kotowski (D)

Thank you, Mr. President. And I -- I appreciate the fact you’re wearing Cubbie blue today. Thank you, Ladies and 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Gentlemen of the Senate. House Bill 517…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, read the bill. …Bill 517.

Deborah Shipley

House Bill 517. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Now are you -- Senator Kotowski. Got a little ahead of ourself.

Dan Kotowski (D)

Again, I was just kind of struck by the Cubbie blue of your suit, so… Senate -- House Bill 517 requires the Department of Healthcare and Family Services to administer the Illinois Long- Term Care Partnership Program with assistance by the Department of Financial and Professional Regulation. The Program is intended to be a public-private partnership between private issuers of qualified long-term care policies and the State of Illinois. The intent of this legislation is to provide incentives for individuals to privately insure against long-term care needs as a means to alleviate the financial burdens on State medical assistance program.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 517 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 517, having received 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 the required constitutional majority, is declared passed. House Bill 518. Senator Cullerton. Madam Secretary, read the bill.

Deborah Shipley

House Bill 518. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. This is an initiative of the Secretary of State. It is an important bill, and I would hope that maybe even the Chicago Sun-Times might put this on the front page. I know they’re looking for relevant stories that catch the imagination of our citizens, and this might be one of ‘em, especially for those of you who have children under eighteen who are drivers. This allows parents or the guardians of the drivers, who have a graduated license or an instructional permit, to view the driver’s driving record online through a computer connection and at no additional charge. I think it makes sense. I’ll be happy to answer any questions. Want to ask for an Aye vote.

Rickey R. Hendon (D)

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

J. Bradley Burzynski (R)

Thank you, Mr. President. To the bill. You know, even though I’ve tried to repeal Senator Cullerton’s child safety seat bills, I’ve -- I’ve voted against some graduated driver’s license bills, I find no fault with this one, Senator. It’s a great bill. I urge its support. Thank you. 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Bipartisan support. Any further discussion? Seeing none, the question is, shall House Bill 518 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 518, having received the required constitutional majority, is declared passed. House Bill 536. Senator Koehler. Madam Secretary, read the bill.

Deborah Shipley

House Bill 536. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.

David Koehler (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 536 makes the prohibition against tinted windshields and tinted side windows inapplicable to vehicles owned and operated by persons with certain skin disorders. It outlines those disorders. I’m not going to read all that. I’d appreciate your Aye vote on this.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 536 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 voting Nay, none voting Present. House Bill 536, having received the required constitutional majority, is declared passed. House Bill -- House Bill 539. Senator Righter. Senator Righter. Out of the record. House Bill 570. Senator Delgado. Senator Delgado seeks leave of the Body to return House Bill 570 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 570. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 2, offered by Senator Delgado.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

William Delgado (D)

Thank you, Mr. President, Members of the Senate. Floor Amendment No. 2 becomes the bill to House Bill 570 - deletes it all and becomes the bill. Subject to appropriation, the bill calls for the Department on Aging to create a program specifically designed to ensure the availability of congregate and home-delivered meals in communities with populations under five thousand residents. And now this is an agreed piece of legislation. And I’ll be open to any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Delgado moves adoption of Amendment No. 2 to House Bill 570. 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?

Deborah Shipley

49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. House Bill 576. Senator Althoff. Senator Althoff. Out of the record. House Bill 617. Senator Clayborne. House Bill 620. Senator Righter. Madam Secretary, read the bill.

Deborah Shipley

House Bill 620. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill 620 would simply allow counties to establish zoning standards with regards to wind farms and other wind- powered electrical generators. Be happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Hearing none, the question is, shall House Bill 620 pass. All those in favor, say Aye. Opposed, say Nay. The -- and -- all those in favor will vote Aye. Opposed will say Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 620, having received the required constitutional majority, is declared passed. House Bill 622. Senator Cullerton. Madam Secretary -- Mr. Secretary, read the bill.

Scott Kaiser

50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 House Bill 622. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Yes, thank you, Mr. President, Members of the Senate. This is a -- I think, a very good bill that State Representative Chapin Rose passed unanimously over in the House. It amends the Alcoholism and Other Drug Abuse and Dependency Act, and it creates a -- a drug court grant program to be administered by that agency and sets up a statewide coordinator for drug court programs. Drug courts exist in a number of our counties, funded by the counties, and it has a tremendous impact on diverting people from our State correctional facilities, and there -- thereby saving the State a lot of money. So this does not appropriate any money, and it would be subject to appropriation, but it sets up the mechanism where -- whereby these drug courts could be set up throughout the State. I think it’s something the State should pay for, since we’re the ones that benefit in the savings and reduced appropriation to the Department of Corrections. The grant moneys would be used for treatment and clinical interventions; for monitoring, supervising, case management; transportation to appointments; training legal professionals involving the local drug court; and other activities, like -- such as data collection. It makes sense. I think it’s prevention, which will save money in the long run. Be happy to answer any questions, and ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Any discussion? Seeing none, the question is, shall House Bill 622 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 57 voting Aye, none voting Nay, none voting Present. House Bill 622, having received the required constitutional majority, is declared passed. House Bill 652. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 652 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 652. Mr. Secretary, are there any amendments approved for consideration?

Scott Kaiser

Floor Amendment No. 1, offered by Senator Cullerton.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Yes, thank you, Mr. President, Members of the Senate. This is really just a technical amendment which makes the effective date for all of the bill January 1st, 2008.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Hearing none, Senator Cullerton moves adoption of Amendment No. 1 to House Bill 652. 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?

Scott Kaiser

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 3rd Reading, Mr. Secretary. House Bill 670. Senator Demuzio. House Bill 703. Senator Harmon. House Bill 722. Senator Dillard. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 722. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. This bill is the same as a Senate bill we had previously passed in this Chamber earlier this Session. The bill arises out of the tragic death of a number of teenagers by a drunken driver out in the Aurora-Naperville area a number of years ago. And one of the police captains from Naperville read, a few years after this tragic incident, that the gentleman who killed these young beautiful teenagers was back out on the road, driving while -- after committing vehicular homicide, once again with his license revoked. This police captain was incensed, as were many local residents, that after killing four beautiful, innocent teenagers, it is only a misdemeanor once you’re released from prison to drive again with your license revoked. And this bill will change that from a misdemeanor to a felony for somebody who has already murdered another human being with an automobile. And I’d urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 722 pass. All those in favor will vote Aye. 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 722, having received the required constitutional majority, is declared passed. House Bill 734. Senator Forby. House Bill 792. Senator Cronin. House Bill 804. Senator Wilhelmi. House Bill 811. Senator DeLeo. House Bill 822. Senator Harmon. House Bill 824. Senator Harmon. House Bill 828. Senator Frerichs. House Bill 830. Senator Cullerton. Cullerton? House Bill 841. Senator Link. 841. House Bill 876. Senator Noland. House Bill 909. Senator Althoff. 909. Althoff. 909. House Bill -- House Bill 924. Senator Link. House Bill 951. Senator Hunter. Mr. Secretary, please read the lady’s bill.

Scott Kaiser

House Bill 951. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

Mattie Hunter (D)

Why, thank you, Mr. President. House Bill 951 requires the Department of Public Health to delegate powers concerning the public health of local residents to certified local health departments rather than health -- boards of health in county and -- and multiple county boards of health. This bill is similar to 651, and I ask for a favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Pankau. 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Carole Pankau (R)

…you -- thank you, Mr. President. This bill passed unanimously out of committee, and I urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall House Bill 951 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 951, having received the required constitutional majority, is declared passed. Madam Leader Halvorson in the Chair.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard, on Senate -- House Bill 975. Senator Schoenberg, on House Bill 978. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 978. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 978 is identical to Senate Bill 1621, which passed unanimously previously. It lifts the date threshold of July 1, 2002, for any desire to extend or renew a lease without using the RFI selection process if it is indeed in the State’s best interest and the Procurement Policy Board does not object to that extension or renewal. Be happy to answer any questions. 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 978 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And House Bill 978, having received the required constitutional majority, is declared passed. Senator Forby, on House Bill 985. Senator Millner, on House Bill 991. Senator Millner seeks leave of the Body to return House Bill 991 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 991. Mr. Secretary, are there any amendments approved for consideration?

Scott Kaiser

Floor Amendment No. 1, offered by Senator Millner.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Millner, to explain your amendment.

John J. Millner (R)

Thank you, Madam Chairman. Makes a technical change, correction to make references to coroner or medical examiner consistent. Changes the description of specimens to be provided to blood and buccal specimens, and tissues may be submitted if no uncontaminated blood or buccal specimen can be obtained. The specimens delivered to the State Police are to be dried. Clarifies that this requirement is in addition to any other findings, specimens, or information that the coroner or medical examiner is required to provide during the conduct of a criminal investigation. 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Millner moves the adoption of Amendment No. 1 to House Bill 991. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Scott Kaiser

No further amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Sandoval, on House Bill 1009. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1009. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Thank you, Madam President and Members of the Senate. House Bill -- 1009 amends the Public Aid Code by requiring that beginning in FY’08, the determination for child care benefits shall be calculated up to a hundred and eighty-five percent of the federal poverty level, as opposed to the fifty percent State median income for family size thresholds that is currently being used. Further, the House bill requires that the Child Care and Development Advisory Council, which already is in existence, shall develop a plan to revise the child care assistance program’s co-payment scale and report their findings no later than February 1st. I ask your favorable vote. 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1009 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And House Bill 1009, having received the required constitutional majority, is declared passed. Senator Bond, on 1011. Senator Sullivan, on 1019. Senator Cullerton, on House Bill 1050. Senator Sandoval, on House Bill 1058. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1058. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

…you, Madam President, Members of the Senate. House Bill 1058 expands those entities that are eligible for Heartsaver AED Fund grants to include any school in the State and to municipal recreation departments. The bill eliminates the requirement that the entity be required to have an AED pursuant to the Physical Fitness Medical Emergency Preparedness Act {sic}, better known as the Colleen O’Sullivan Law, in order to qualify for the grant. Finally, the bill restricts eligibility for the grants to no more than one grant from the Heartsaver AED Fund each fiscal year. I’d ask your favorable vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Is there any discussion? Senator Pankau.

Carole Pankau (R)

Thank you, Madam President. Will the sponsor yield for a couple questions?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

Carole Pankau (R)

Representative, this deals with the -- or, I’m sorry -- Senator, this deals with the defibrillator law. Correct?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Yes.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Pankau.

Carole Pankau (R)

And one of the amendments that you put on this bill deletes facilities that might be next to park districts, et cetera, et cetera. Correct?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Yes.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Pankau.

Carole Pankau (R)

Who else does it take out of the bill?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval. 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Martin A. Sandoval (D)

The -- the bill restricts -- in the Amendment No. 1, it restricts -- adds the forest preserve district and the conservation district.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Pankau.

Carole Pankau (R)

The forest preserve district and conservation -- recreation districts were left in or taken out? My understanding was that they were also taken out because they were not included in the original defibrillator bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Senator, House Bill 1058 adds the forest preserve district and the conservation district as an entity eligible for the AED Fund grant.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Pankau.

Carole Pankau (R)

Yes. You are correct. Thank you very much. As it stands, this is a good bill. It came out of committee unanimously. I urge your favorable approval.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Righter.

Dale A. Righter (R)

Thank you, Madam President. Will the sponsor yield, please?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield. 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Dale A. Righter (R)

Senator, it’s my understanding that this bill is adding eligible recipients to a grant program that was set up to help entities meet the AED mandate. The people being added are people who are not mandated under State law to have the AEDs. Is that correct?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

That’s correct, Senator Righter.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator…

Martin A. Sandoval (D)

We’re adding -- we’re adding schools that would be eligible for the Fund.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Thank you, Madam President. Well, looking at it, you’re adding schools and other -- other entities. But beyond that, Senator, there is a limited amount of money in the Fund. Can you tell me how many entities who are currently mandated to have AEDs do not have them yet because they don’t have enough money?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

There is -- currently in the Fund, there is forty-six thousand four hundred and ninety dollars that -- that is eligible for these funds, these grants. 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Thank you, Senator. The question was, do you know how many entities that are currently mandated under State law to have an AED do not yet have one because they don’t have the money to pay for it? I mean, that’s the purpose of the grant fund. How many of those are out there?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Unfortunately, Senator Righter, we don’t have that information.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Then, Senator, do you not think it would be wise to wait and see if we can get that information and help those entities that we mandated by State law to have one of these units before saying, okay, others can jump in the pool and get some of the money? I mean, forty-six thousand dollars, by any objective analysis in this building, is not a lot of money. Why don’t we take care of the mandated entities first before we open it up to others?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

I respectively {sic] understand where you’re coming from in trying to take care of those facilities, but I think every single 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 life that we can potentially save in any of these other unmandated facilities would be worth the -- the investment.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

To the bill, Madam President. Thank you. Ladies and Gentlemen of the Senate, as Senator Sandoval talked about, House Bill 1058 adds more eligible recipients to a grant fund program that is supposed to pay for those we told by State law have to have the AEDs. Now, the Senator said in his closing statement right there that every life we -- every life we can save is worth it, and I agree with that. I agree with that. There was a reason we mandated certain entities to have AEDs and left others out, and that’s because we determined that the -- those who are mandated to have those, are the ones that will have the best chance of saving the most lives. And yet, there are some out there that don’t have the money to pay for these units that will save the lives. I agree with the sponsor’s premise on which the bill is -- is -- states, but, Ladies and Gentlemen, there’s forty-six thousand dollars left in this Fund. There are uncounted entities that still don’t have these units. We ought to take care of those first before adding new people. I’d urge a No vote. Thank you, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Sandoval, to close. The question is, shall House Bill 1058 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 Yeas, 5 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 voting Nay, none voting Present. And House Bill 1058, having received the required constitutional majority, is declared passed. Top of page -- top of page 39. Senator Cullerton, on 1071. Senator Sandoval, on House Bill 1080. Out of the record. Senator Link, on 1084. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1084. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

Terry Link (D)

Thank you, Madam President. This is, an extension of a brand -- of a brand is using the name of an existing brand and adding a phrase or a name to come up with a new brand. This differs from -- categories of products manufactured or marketed under a common identity trade name are considered to be the same brand. I know of no opposition to this. I’ll more than happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1084 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. And House Bill 1084, having received the required constitutional majority, is declared passed. Senator Munoz, on Senate {sic} Bill 1100. Senator Hunter, on 1138. Mr. Secretary, read the bill. 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Scott Kaiser

House Bill 1138. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.

Mattie Hunter (D)

…you -- thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 1138 holds that for the purposes of registration of a vehicle, a person shall list his or her -- her domicile address on the application rather than their residential -- residence address. I know of no opposition, and I ask for a favorable vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1138 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And House Bill 1138, having received the required constitutional majority, is declared passed. Senator Clayborne, on House Bill 1146. Senator Demuzio, on House Bill 1238. Senator Bond, on House Bill 1242. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1242. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Senator Bond.

Michael Bond (D)

Thank you, Madam -- President. House Bill 1242 amends the Illinois Income Tax Act. Reinstates a tax credit for employee child care, providing employee child care assistance. I ask for a favorable vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Lauzen.

Chris Lauzen (R)

Thank you, Madam President. For those of us on this side of the aisle, this came out of committee unanimously. I recommend a Yes vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 1242 pass. Those in favor, 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 58 Yeas, none voting Nay, none voting Present. And House Bill 1242, having received the required constitutional majority, is declared passed. Senator Haine, on House Bill 1254. Senator Ronen, on House Bill 1257. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1257. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Ronen.

Carol Ronen (D)

66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Thank you, Madam President, Members of the Senate. This bill has to do with Medicare beneficiaries for persons over sixty-five who are living with AIDS. We passed legislation last year that allowed them to be eligible for the covered program, but there were some technical drafting errors in the legislation. This bill would address those technical errors and there’s no fiscal impact. I would ask -- be happy to answer questions and answer any -- and -- and please vote Yes.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Pankau.

Carole Pankau (R)

Thank you, Madam President. This passed unanimously out of committee. It’s a really good piece of legislation. I urge your Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, the question is, shall House Bill 1257 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. House Bill 1257, having received the required constitutional majority, is declared passed. Senator Delgado, on House Bill 1259. Senator Lightford, on House Bill 1268. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1268. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Senator Lightford.

Kimberly A. Lightford (D)

…you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1268 amends the Illinois Human Rights Act regarding sexual harassment amongst elementary and secondary schools. This legislation applies provisions of the Illinois Human Rights Act which would prohibit sexual harassment in higher education to elementary and secondary. We currently do not allow this in higher education. I’m hoping that we will share that same passion for elementary and secondary schools. I’ll be happy to answer questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1268 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. House Bill 1268, having received the required constitutional majority, is declared passed. Senator Sandoval, on House Bill 1279. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1279. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Thank you, Madam President, Members of the Senate. House Bill 1279 amends the Physical Fitness Facility Medical Emergency 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Preparedness Act as it pertains to outdoor facilities. House Bill 1279 adds the requirement that all outdoor fitness facilities must have automated external defibrillators. Outdoor fitness facilities include football stadiums, soccer fields, baseball diamonds, or similar facilities as defined by rule. This bill does -- does exempt forest preserve districts. This is an initiative -- this is one of three bills that both Representative Burke and myself have been advocating throughout the Session as relates to public health and safety. I’d ask a favorable vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion? Senator Pankau.

Carole Pankau (R)

Thank you, Madam President. Will the sponsor yield for a couple questions?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) The sponsor indicates he’ll yield.

Carole Pankau (R)

Senator, this is the bill that I was starting to get into when -- I -- I thought this was your other bill. But specifically to park districts: In my local area, the Roselle Park District has a community center and that community center has a defibrillator and the person is trained and knows how to use it. They have equipment there and all that sort of stuff. Immediately around the community center are baseball fields, soccer fields for another couple acres. Are those soccer fields now supposed to have defibrillators out there in the open somewhere and a person trained and staffed at all times, or are they now exempt? 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

The bill specifically exempts park districts, but it would include the ball field or the soccer field. And, yes, the -- the park facility would have to have a trained individual at the facility when children are playing baseball, soccer, what have you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Pankau.

Carole Pankau (R)

So, Senator, a lot of times these baseball fields and soccer fields have different associations that sort of rent the facilities from the park district. Who is responsible, then, to have the defibrillator there? Is that a -- is that the association or is that the park district?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

The bill requires the Department of Human -- the Department of Human Services -- Health to adopt rules that encourage any non-employee coach or instructor to complete an AED course. Again, the bill encourages that some individuals be trained for that.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Pankau.

Carole Pankau (R)

But, Senator, who do you want to be trained? Who are you going to mandate must be trained? Is it that park district 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 person that’s inside the building -- inside the community Senator -- center or is it the coach of the association that’s out there with the kids on the soccer field or on the baseball field?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

In that situation, we would -- it would be up to the outside source that is using the baseball field or the soccer field in a non-sponsored event.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Pankau.

Carole Pankau (R)

To the bill, Madam President. I don’t know if the situation in your area is the same as mine; however, if you now have to require every coach, every advisor to now have a -- a portable defibrillator with him if they’re using one of the fields that the park district has, this could provide an additional burden. I think the philosophy is absolutely wonderful. We should all be trained in these things. We should all have them available. I also understand that the cost of them has come down considerably from what it used to be; however, usually associations, be they soccer associations or softball associations, don’t have that much extra money. They usually charge what they need to charge for that particular year. So, depending on your particular situation, be very, very careful of this bill. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Righter.

Dale A. Righter (R)

Thank you, Madam President. Will the sponsor yield, please? 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

Dale A. Righter (R)

Thank you. Senator, on page 2, line 6 of the bill, you add the word “gaming”. Is -- by “gaming”, are you referring to riverboat casinos? Are you referring to off-track betting facilities? What is meant by that term?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

The “gaming” is inclusive of all gaming facilities in Illinois.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

To your knowledge, Senator, has there been a high incidence of cardiac arrest while people were sitting and pulling down on the one-armed bandit or sitting down playing blackjack?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Respectively {sic}, Senator, I am not a gambler. I have never stepped foot on a boat or in a casino and I would not have an answer for you there.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Then why, Senator, are you adding gaming facilities to the mandated list? 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Because I want all people to be covered with a AED at their facility, whether it be a casino or a boat or a racetrack.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

So it’s fair to say, Senator, that you believe that all facilities, regardless of private or public, regardless of their size, regardless of who operates them, should have an AED in them. Is that your position? And it should be mandated by State law?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

That is my personal belief. That’s why I’m sponsoring this bill. And it’s also the -- the belief of the House of Representatives and a number of my colleagues in this Chamber.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Thank you, Madam President. Senator, on -- at the very top of page 2 on line 1, it also indicates that if this becomes law, the Department would be able to add these facilities now by rule. So we won’t even get a pass on your opinion or mine or any of the other Senators on which facilities have to have these. Now we’re going to hand that over to the Department. Is that accurate?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Senator Sandoval.

Martin A. Sandoval (D)

You know, that’s -- that is the process by which we live and die with and that is the way that rulemaking is devised in this State, and that is the process of which I have no control of, respectfully, Senator.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

I’m really not sure I understood that answer, Senator. You’re saying that you don’t have control over whether or not you give the Department rulemaking authority in your own bill?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

If I had the opportunity to influence the rulemaking the way I would like to see the world, the world would be much different, Senator Righter. I’m just a humble servant from the south side of Chicago.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

To the bill, please, Madam President. Thank you very much. Ladies and Gentlemen of the Senate, the bill you have before you - and I know that it feels good and a lot of times it is good for us here in this Chamber and the Chamber across the rotunda and the Governor’s Office to tell local entities that they have to do certain things - this bill cedes that authority over to the Department. It requires that all gaming facilities in Illinois, 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 so the off-track betting parlors and the casino boats, have to have the AEDs. And in the sponsor’s opinion, every facility, every facility, regardless of how big it is, regardless of it’s manned by volunteers or not, should have to have these, not because they want to have them, but because we’re going to tell them that they should have them, and regardless of whether or not there is enough money to pay for them. Ladies and Gentlemen, at some point, we need to stop, take a breath, let those who we’ve already told a couple years ago that they had to have these get them, and then move on. I would urge a No vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Silverstein.

Ira I. Silverstein (D)

Madam President, I just want to -- if I may, I -- I want to speak to the bill and I want to say that I support the bill. We’re dealing with lives here. I mean, we lose sight of the fact that we have a defibrillator in the -- in the bathroom over here in case, God forbid, one of us gets sick. And we’re dealing with -- how many times we go and listen on the news about, unfortunately, children or people dying on the field because of a heart attack or something or some heart condition? I commend the sponsor. I know this is going to cost local government and the park districts some money, but if it can save a life, it’s worth every penny. I…

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Garrett.

Susan Garrett (D)

Yeah. A question for the sponsor.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Sponsor indicates he’ll yield.

Susan Garrett (D)

Senator, I -- I just have a question. When Senator Righter was talking about the gaming, the casinos, who will be responsible for covering the cost for these AEDs?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

The State of Illinois.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

So, I -- I guess I can understand the State covering the cost for not-for-profit -- schools and -- and not-for-profit organizations, but I -- I think I have a problem with the State covering the cost when there is a for-profit business or organization. And is that included in this bill?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

We stand to gain to provide services to the people in all our districts, Senator Garrett, as a result of gaming in Illinois. As a result of the boats and result of racetracks, we stand to gain revenue to fund a number of vital, important programs for all our residents of the State of Illinois. I -- I would disagree with you there in -- in principle, but…

Debbie DeFrancesco Halvorson (D)

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

J. Bradley Burzynski (R)

76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Thank you, Madam Chairman. A question of the sponsor, please.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

J. Bradley Burzynski (R)

Madam President, I do apologize.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) That’s quite all right, Senator.

J. Bradley Burzynski (R)

Senator, I think that you indicated that the State would bear the financial responsibility for putting these in. Is that correct?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Yes.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.

J. Bradley Burzynski (R)

Is -- is that in the bill someplace? I -- I’ve not been able to find that in the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

It is in the original Act that we passed and that we all voted on four years ago.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.

J. Bradley Burzynski (R)

77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Well, then, can you explain to me -- I mean, just a few minutes ago, you had the bill that -- that -- about the -- the funding, the revolving -- or the -- the grant program. Isn’t there any kind of matching fund requirement at all?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

Martin A. Sandoval (D)

Matching funds do exist. There are grant programs. They do exist.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.

J. Bradley Burzynski (R)

Thank you, Madam President. To the bill then: Then it’s my understanding that those entities, whether they’re public or private, have to come up with the matching funds for the grant program. The State doesn’t pay for the entire bill, and I just wanted to make that point of clarification as I understand the bill. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Sandoval, to close.

Martin A. Sandoval (D)

Just to close, Madam President and Members of the Senate. This bill, once again, is a -- it’s -- it’s a simple matter of quality of life. It’s -- it’s a matter of life and death, and there is no price tag for the lives of our children or of our parents or of our wives or of any of -- any of our people in our community. There -- it’s a small price to pay - a couple hundred dollars. The life of Rashidi Wheeler, a Northwestern All- 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 American football star, life would have been saved if there would have been an AED at Northwestern stadium. I ask a favorable vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 1279 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 39 Yeas, 12 voting Nay, 2 voting Present. And House Bill 1279, having received the required constitutional majority, is declared passed. Senator Pankau, on House Bill 1289. Mr. Secretary -- oh, I’m sorry. Senator Pankau, I skipped… Senator Ronen. Out of the record. Senator Pankau, on House Bill 1289. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1289. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Pankau.

Carole Pankau (R)

Thank you, Madam President. House Bill 1289 adds the aggravating factor to a criminal act, if the act was done against an elderly, disabled or infirm person and was done by taking advantage of a fiduciary or family relationship with that elderly, disabled or infirm person.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1289 pass. Those in favor will vote Aye. 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And House Bill 1289, having received the required constitutional majority, is declared passed. Senator Hunter, for what purpose do you rise?

Mattie Hunter (D)

I rise for point of personal privilege, Madam Chair -- Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

Mattie Hunter (D)

In the balcony on both sides, we have a group of -- of young people, fine young people, visiting, once again, from Chicago. Altogether there are about five schools. Please welcome Haines, Beethoven, Bronzeville, from my district. And from President Jones’ district, we have Curtis and Dunne Elementary Schools.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests in the galleries please rise? Welcome to Springfield. Senator Clayborne, on House Bill 1292. Senator Hunter, on House Bill 1293. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1293. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.

Mattie Hunter (D)

Thank you, Madam President and Ladies and Gentlemen of the 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Senate -- Senate. House Bill 1293 provides that ninety days of early release from parole shall be awarded to any parolee who receives their GED while on parole. I -- I know of no opposition and ask for a favorable vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1293 pass. Those in favor, 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, 1 voting Nay, none voting Present. And House Bill 1293, having received the required constitutional majority, is declared passed. Senator Collins, on House Bill 1300. Senator Collins seeks leave of the Body to return House Bill 1300 to the Order of 2nd Reading for the purpose of an amendment. On the Order of 2nd Reading is House Bill 1300. Mr. Secretary, are there any amendments approved for consideration?

Scott Kaiser

Floor Amendment No. 2, offered by Senator Collins.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins, to explain your amendment.

Jacqueline Y. Collins (D)

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 1300 creates the Illinois Food, Farms, and Jobs Act. And what the amendment does is adds language that requires the Governor to fill the members of the task force within sixty days of signing the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Collins moves the adoption 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 of Amendment No. 2 to House Bill 1300. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Scott Kaiser

No further amendments reported.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Harmon, on House Bill 1319. Senator Martinez, on House Bill 1330. Senator Lightford, on House Bill 1332. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1332. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1332 creates the State Employment Application Act. What this legislation basically does is give non-violent offenders, who have served their sentence, an opportunity to simply interview. It is so important that we give individuals an opportunity to just come before a personnel board at any appointment just to give them the interview. Many times, and especially here in the State of Illinois, our very own CMS application asks the question: Have they ever been convicted of a felony? And many times those applicants fall by the wayside. We’re just wanting here for you to give those -- those individuals an opportunity to have an interview. Let me just 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 share with you what the bill does not do. It does not prohibit State agencies from denying employment to ex-offenders solely on the basis of past convictions. The bill does not prohibit State agencies from denying employment to -- to ex-offenders, even if there is no relationship between the crime and the position. And the bill does not prohibit State agencies from making -- making inquiries as to the applicant’s criminal record at the initial interview or any stage thereafter. A background check definitely deserves to be looked at. But what the bill does do is it facilitates individuals with a record of a non-violent crime the opportunity to obtain an interview for a non-law enforcement position where the conviction does not by law disqualify the applicant from holding that position. In committee, the Cook County Public Defenders testified and the Safer Foundation testified. And I’ll be happy to answer questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator John Jones.

John O. Jones (R)

Thank you, Madam President. Sponsor yield?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.

John O. Jones (R)

Senator Lightford, I guess, a couple of questions I have of you is -- first off, what’s the need for this Act to begin with?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.

Kimberly A. Lightford (D)

Well, Senator Jones, I’m sure you’re aware of the high incarceration number across the State of Illinois and the repeat 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 offenders. We’re trying to get the repeat offenders an opportunity to gain gainful employment, which sometimes causes them to not return back to the act of crime that they committed in the first place. I believe that if we give individuals an opportunity to gain a job, perhaps that will help their living situation. And -- and if you haven’t looked at our General Revenue Fund, for every twenty dollars is going to the Department of Corrections. We’re -- we’re over a billion-dollar industry on just the Department of Corrections. I think it’s time for us to turn that around and give these individuals an opportunity to work. And I’m talking non-violent offenders who have served their time. Many of them are educated. They just need a job.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones.

John O. Jones (R)

Thank you, Madam President. So if -- if someone is convicted of corruption, would they have to disclose that on the application?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.

Kimberly A. Lightford (D)

It’s a non-violent act.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones.

John O. Jones (R)

So you’re saying that somebody could be involved in corruption and the State of Illinois would hire that person and put ‘em on the payroll. Is that what you’re saying?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Senator Lightford.

Kimberly A. Lightford (D)

No.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones.

John O. Jones (R)

Don’t you -- don’t you think that the -- that the State agencies are going to spend a lot of money investigating people and giving -- doing a thorough background check on every employee now, where maybe they wouldn’t have to if they disclosed on the application any past convictions or anything?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.

Kimberly A. Lightford (D)

Senator, I believe background checks is required for employment anyway. I don’t want you to take this bill a little further than what it actually is trying to permit. This bill is just hoping that on our application that we do not inquire of a felony: Have you ever been convicted of a felony? We would like the individuals just to simply have an opportunity to get to the interviewing stage, where that question can be posed, background checks are done, and if it’s found that this individual has committed a violent crime, has committed a crime that does not go hand in hand with the position, then they’re not eligible to move any further than the interview. This just simply gives that individual an opportunity to interview.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones.

John O. Jones (R)

85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Thank you, Madam President. To the bill: Quite frankly, we do have to do background checks, and I -- I think if you’re going to hire these people and then you wind up finding that there is something in their past, you’ve employed ‘em and then given somebody else a -- that may -- maybe was highly qualified for that position, you’ve knocked them out of the -- the possibility of a job. But I -- I just think it’s a bad idea and I would encourage a No vote on this.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Dillard.

Kirk W. Dillard (R)

Thank you, Madam President. I reluctantly also rise with skepticism and probably in opposition to this particular bill. I understand where the sponsor wants to go with this and I believe in giving people second chances and I voted as much as anybody for giving people second chances in life. But what you have here is the ability of somebody who has been convicted of political corruption, of fraud, of embezzlement, or identity theft - identity theft - the ability to somehow get helped in the hiring process in State government. While I think she’s got a good idea in terms of trying to help people, this is just not the way to go. Especially with a State with our culture of political corruption, this bill is just not a good idea at this time. I do want to point out to the Body that this bill barely passed. It barely passed the House of Representatives. So everybody always stands up and says this bill passed the House of Representatives 118 to nothing. Well this bill barely passed over in the other Chamber, and we know they pass anything over there. It’s -- there’s really got to be some problems with this particular 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 concept when it barely passes by one vote the House of Representatives. So with all due respect to Senator Lightford, who’s a graduate of my alma mater, I urge a No or Present vote ‘cause I just don’t think the State of Illinois ought to allow people who might be corrupt -- have been convicted of political corruption, theft, identity fraud or embezzlement to have a step- up in the employment process. It just sends the wrong message and, again, this is a political heater bill, and want to warn the Membership, it barely passed the House of Representatives.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Raoul.

Kwame Raoul (D)

Thank you, Madam President. To the bill: I rise in strong support of this bill. And one -- one of the things that must be noted about this bill, and -- and -- and I understand the concerns that have been raised, is that a criminal background check can be conducted. Nothing prohibits a criminal background check from being conducted. So the -- the State, as an employer, can find out whatever it needs to find out. As Senator Lightford stated, what this bill would do is allow somebody to get to at least the interview stage. If we’re truly committed to rehabilitation, to part of Corrections being rehabilitation, and if we’re truly committed to second chances, as opposed to doing just what is politically safe, we will support this bill. A Present vote wouldn’t make sense on this -- on -- on this bill. You’re either going to have political courage on this or you’re not going to be committed to rehabilitation.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Risinger. 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Dale E. Risinger (R)

Thank you, Madam President. To the bill: Senator Dillard mentioned that the bill just barely got out of the House. I also wanted to point out that it was put on Postponed Consideration one time. So not only did it just barely get out of the House, it -- it took a couple tries before that even happened.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Lightford, to close.

Kimberly A. Lightford (D)

Thank you, Madam President. Ladies and Gentlemen of the Senate, I just wanted to bring a couple amendments to your attention. One of the reasons why that legislation was put on Postponed Consideration is due to a lacking of an amendment that acknowledged the fact that a criminal background check of an application {sic} had to take place. And the second amendment provide that if a federal or State law disqualifies a person convicted of a certain offense from holding a position, an application for that position may inquire as to whether the applicant has been convicted of a disqualifying offense. And it also provides that if an applicant is applying for a position of peace officer, an application for that position may inquire as to whether the applicant has been convicted of a disqualifying offense, and provide that nothing in the Act prohibits a decision to refuse to hire on the basis that the applicant has been convicted of a criminal offense. So no one is saying that you have to hire these individuals. What we’re simply saying again and again is that we have a problem here in the State of Illinois. We have over two hundred and forty-four thousand people who are -- have recently been released from incarceration 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 or they’re on -- on parole and they cannot get jobs. That’s why we put over a billion dollars in the Department of Corrections. Funding that could be going to so many other areas, because we don’t want to give people a chance at employment. I want to bring up that I misspoke earlier because the question of whether or not they have a felony is still on the application. What we’re just removing is the fact that -- it determines that an application for State employment may not contain any question - as to whether the applicant was convicted of or placed on supervision for a non-violent criminal offense, but must contain a question - must contain a question as to whether the applicant for State employment has ever been convicted of a violent offense that is classified as a felony. So if it’s a violent offense, if it’s a felony offense, that question still exists. This is basically a non-violent offense. This is more of a misdemeanor. Please don’t take this any further than the discussion of the legislation. I think we put our personal opinions into legislation sometimes and we misdirect it. But I hope that you all will note that this will be a good step in the right direction to help people get gainful employment so that our recidivism rate will lower and we will have less individuals incarcerated time after time after time because they cannot afford to take care of themselves or their families. And, again, the -- Cook County Public Defender was a proponent of this legislation. They spoke in committee. Also the Safer Foundation, who we send many people to after they’re released from incarceration to help them get jobs, but they just simply can’t get gainful employment. I just hope that we’ll give them an opportunity to at least interview. I ask for an Aye vote. 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 1332 pass. Those in favor, 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 30 Yeas, 24 Nays, none voting Present. And House Bill 1332, having received the required constitutional majority, is declared passed. Senator Hunter, for what purpose do you rise?

Mattie Hunter (D)

Point of personal privilege, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

Mattie Hunter (D)

We have in the balcony one more school, Curtis Elementary School. Would you please welcome them to the Senate, please?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests in the galleries please rise? Welcome to Springfield. Chicago Tribune requests permission to take pictures. Is leave granted? Leave is granted. Senator Harmon, on 1347. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1347. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Don Harmon (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1347 is an initiative of the IEA, the IFT, 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 SEIU, AFSCME, the AFL-CIO and the Teamsters. It preserves the right of school districts to enter into contracts for third party services for non-instructional services, provided that those contracts capture the efficiencies of better management and leaner operations while prohibiting the exploitation of those workers by -- by a fairly simple mechanism, requiring that comparable wages and benefits be paid. This essentially holds steady that component and ensures that the efficiencies recognized are the sorts of efficiencies we would like to see school districts recognize. I know that some Members of the Body have questions for the purpose of legislative intent, but I’d welcome any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Raoul.

Kwame Raoul (D)

Sponsor yield?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

Kwame Raoul (D)

Senator, does House Bill 1347, which proposes to amend Section 10-22.34c of the Illinois School Code, apply to the Chicago -- Chicago Board of Education?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Don Harmon (D)

Thank you, Madam President. Thank you, Senator Raoul, for your question. The answer is no. Section 10-22.34c does not apply to districts such as the Chicago Board of Education, which are organized under and primarily subject to the provisions of 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Article 34 of the Code. The Chicago Board is, however, subject to Section 34-18(30), which contains detailed provisions establishing the Board’s rights and limitations to contract with third parties for any services currently performed by employees. So, thus, the Board is subject to Section 34-18(30), but not the more general provisions of Section 10-22.34c. Moreover, Section 34-18(30) predates Section 10-22.34c by over three years, and the latter has never been interpreted to supersede the former nor applied to the Board. The proposed amendment in this bill to Section 10-22.34c would not apply to the Chicago Board for these same reasons.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Raoul.

Kwame Raoul (D)

Was House Bill 1347 ever intended to apply to the Chicago Board of Education?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Don Harmon (D)

Thank you, Madam President. No. Given the fact that Section 10-22.34c does not apply to the Chicago Board, any amendment thereto similarly would not apply, unless the amendment specifically states otherwise. When the Legislature intends for an Article 10 provision to apply to the Chicago Board of Education, the Legislature expresses its intent through specific language to this end. Section 10-22.34c, as originally enacted, contains no such inclusionary language; thus, the only conclusion to be drawn is that the Legislature did not intend for Section 10-22.34c to apply to the Board. House Bill 1347 does not 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 contain the inclusionary language that is found in other Article 10 provisions; consequently, it is not intended for the restrictions contained in the bill to apply to the Board.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Madam President. A question for the purposes of legislative intent.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Go right ahead.

Jeffrey M. Schoenberg (D)

Thank you. Senator Harmon, referring to section (a) of House Bill 1347 which states that a board of education may enter into a contract provided that the conditions stated in subsections (1) through (8) are satisfied, it‘s my understanding that this bill is not intended to apply to a situation which a board of education enters into a contract with a third party for management or consulting services where the hourly employees remain employees of the school district and those employees remain covered by the terms of any existing collective bargaining agreement. In such a situation where the Board is contracting only for management of professional services, the school district would continue to be the employer of the hourly employees. Is it your understanding and intent that -- House Bill 1347 does not apply to this type of contracting practice?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator -- oh, Senator Harmon, please answer Senator Schoenberg.

Don Harmon (D)

93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Thank you, Madam President. Mercifully, my answer is shorter than the question. Yes, Senator Schoenberg, my intent is to ensure that a board of education does not outsource the school district’s hourly employees to a contractor or disrupt an existing collective bargaining agreement in order to reduce wages or benefits. I believe House Bill 1347 provides protections against such occurrences. The types of situations you described, where a board contracts only for management or professional expertise and the hourly employees remain school district employees, are not subject to House Bill 1347.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Cronin.

Dan Cronin (R)

Thank you very much, Madam President. I rise in opposition to this bill, and I think this is really sort of a defining moment for us here in the Chamber. I understand and have a healthy appreciation for all the influences and parties that are involved in this discussion on this particular issue, but, Ladies and Gentlemen, I ask you to look inward for a moment and -- and ask yourself: Does this bill have anything whatsoever to do with the education of a child in a classroom? And I think the honest answer is absolutely not, of course not. This is about business, business within the union. And a little history, if I may, Madam President, real quick. Back in 1995, we passed Chicago School Reform Act, hailed as a model for school districts across the country, that permitted the management team, the -- the magical Paul Vallas and Gary Chico, to enter into third-party contracting to realize efficiencies, to get more money into the classroom, to give them the latitude that they needed to make things right. 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 And you know what? The virtue of that Act stands today, but the irony and the offensive nature of this bill in that it does not apply and the Chicago School Code is not amended. I know. I understand. I understand the little exchange that was necessary for legislative intent, but the bottom line is, is that Chicago does not have to abide by the restrictions that are contained in this bill and I think that, in and of itself, is very instructional. I don’t think it’s offensive. I think it’s instructional. Secondly, 1997, we passed a bill that specifically provided the reforms that were given to Chicago to the rest of the State and said, “Look, we want you to be able to do what’s right for your students and realize efficiencies through third-party contracting and get more money into the classrooms.” And, you know what? As I recall, the teachers stood with us at that time - my friends, the teachers - because they realized that this was a way to -- to direct precious dollars, limited dollars, into the areas that need it most. This bill does not do anything to advance the education of schoolchildren. Look how far we’ve come under Democratic leadership, and I -- I’m sorry, but this is just the way I see it. This bill helps promote intransigent -- intransigence, bureaucracy, and in the long run, it threatens equality, competitive management system. I value my relationship with teachers and I will always work with them when it deals with student achievement and quality learning environments and advancing those goals. But, I’m sorry, this is an issue that ought to be dealt with at the bargaining table. This is an issue that ought to be dealt with at the local level. This is a defining moment, Ladies and Gentlemen, a defining moment. Those 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 who stand up and talk about the need for school reform and more money for education, this undermines your entire argument. If you want more money for education, Ladies and Gentlemen, this is going to demand more money, but it isn’t going to go to education. This is one of the reasons why people like myself and others are not enthusiastic about looking for new funds to put into the schools, because the money that’s being put into the schools is not being well-spent because of policies like this. We need your help to do the right thing here. We need your help to say that we value children’s education and resources devoted to achievement in the classroom and that is our priority. And the business of unions and the business of membership and the business of job security should be left to the local level and to a more efficient management model, just like Chicago schools enjoy. I urge a No vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Garrett.

Susan Garrett (D)

Yes. Will the sponsor yield?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

Susan Garrett (D)

Senator, when you brought this bill to Education, I think I was the one who asked the question, does this particular provision apply to the Chicago Public Schools. And I missed some of the debate between -- or some of the questions or comments from Senator Cronin, but your response, I think, is outlined in the intent of the bill. I’m not an attorney, and I have no idea what you were saying. So, what I really need to know is -- and 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 it seems to me that the provision does not apply to Chicago Public Schools. Chicago Public Schools have their own. So, we are not comparing apples to apples. You need to tell me and others what the difference is with the Chicago Public Schools’ provision, based on this proposal.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Don Harmon (D)

Thank you, Madam President. Senator, yes, as -- as you may have gleaned from some of the technical portions of my exchange with Senator Raoul, it -- it is very detailed in -- in its nature, but there are two separate Sections of the School Code: One of which deals with third-party subcontracting by the Chicago Public Schools; the second which deals with third-party subcontracting by every other school in the State. The provision dealing with the Chicago Public Schools actually predates the provision dealing with the rest of the State. Like many aspects of our State law, there are different rules applicable in a jurisdiction like Chicago than in the rest of the State, just as it is here. But rest assured that there is an existing framework that prescribes and -- and regulates the Chicago Public Schools’ ability to enter into third-party subcontracts, which we are not touching here. We are simply making changes to the provision that governs the rest of the State to make sure that we’re following in that same model.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

Excuse me, but I -- I think I have to understand this a 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 little bit more. So, the Chicago Public Schools has one model and what we’re proposing is exactly the same model for suburban and downstate schools?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Don Harmon (D)

No, Senator, it -- it is not the same. There certainly are common elements, but they -- as is often the case, the two are out of sync. The Chicago Public Schools’ provision was enacted, I believe, as a part of the 1995 reform and, in fact, only Chicago was governed by any such provision for several years. Thereafter, the General Assembly enacted the provision we’re amending today, which applied to the rest of the State, but at that point in time, it -- it, too, was different, accounting for the different nature of the districts. Now we’re simply revisiting one, but not both of those provisions, to enact improvements. I’m happy to talk about what’s in the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator -- Senator Garrett.

Susan Garrett (D)

Well, excuse me, but this is an important bill and to the bill. I -- there’s a lot of good parts to this bill, the transparency, the ability to hold hearings and let everybody know up front what the school districts’ intentions are. But what worries me, and I -- you know, it’s -- it’s come around so many different times, is that we have a -- a two-tiered situation. We have what the Chicago Public Schools do and then the rest of us, for the most part in many cases, abide by different set of rules. It’s -- it’s unfortunate and -- and -- that Chicago has that 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 ability, but the suburban schools need to be strong and make sure that our dollars go back to the classroom, that we keep local control and that we are very strong about this. For us to allow for Chicago to have their own set of rules and then the suburban and downstate schools are told what to do in a different way and not have the same kinds of oversight seems unfair. Again, there are some very good parts to the bill. I’ve talked to the IEA. I’ve talked to IFT. But I think that what is good for the goose is good for the gander, and this one doesn’t apply throughout the entire State.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.

Don Harmon (D)

Thank you, Madam President. Senator, I appreciate your comments. I would call your attention to House Bill 1877, sponsored by Senator Susan Garrett, that requires school districts other than Chicago to give full-time teachers sick leave for birth, adoption, or placement for adoption, which passed the Senate 59 to nothing. We have a long history of providing different sets of rules for Chicago and for other parts of the State. We are hardly breaking new ground.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

Susan Garrett (D)

And the point of that is that the Chicago Public Schools already has that in place and we’re just following suit.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Harmon, to close.

Don Harmon (D)

99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Thank you, Madam President, Ladies and Gentlemen of the Senate. I appreciate the robust debate, not only here on the Floor, but in many conversations across the Capitol. The bill is very simple. We want school districts to save money by running leaner ships, more efficient management and being smarter with the taxpayer dollars. That does not mean we want to endorse them saving money by cutting wages to the lunch ladies, taking pensions away from janitors or otherwise punishing the people who work or used to work for the schools. I ask for your Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 1347 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 Yeas, 16 Nays, 1 voting Present. House Bill 1347, having received the required constitutional majority, is declared passed. Senator Cullerton, on House Bill 1359. Madam Secretary, please read the bill.

Deborah Shipley

House Bill 1359. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.

John J. Cullerton (D)

Thank you, Madam President, Members of the Senate. This is an initiative of the Illinois Department of Labor. It allows employees to file a complaint with the Department up to one year after the wages or their bonus or their commission or their 100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 vacation pay are due. Currently it’s a hundred and eighty days. Also, it allows the Department to assess a penalty of twenty percent of the unpaid wages against an employer that fails to pay the employees their wages, commissions or other bonuses after being ordered by the Department to pay such wages within fifteen days. Be happy to answer any questions, and ask for an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Hultgren.

Randall M. Hultgren (R)

Thank you, Madam President. Real quickly, this bill did pass through the Labor Committee. It was supported unanimously there. There were no opponents that spoke in committee, and so I’d encourage Members on this side to support the bill as well. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 1359 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. House Bill 1359, having received the required constitutional majority, is declared passed. WTTW -- requests permission to tape today’s Session for Illinois Lawmakers. Leave -- if leave is granted. Leave is granted. Senator Raoul, on House Bill 1366. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1366. (Secretary reads title of bill) 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Raoul.

Kwame Raoul (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate -- House Bill 1366 allows optometrists to prescribe oral ocular pharmaceutical agents to diagnose and treat eye diseases. It prohibits injectable ocular pharmaceutical agents unless being used to treat anaphylaxis. It requires consultation with a physician prior to prescribing medication to children under five years of age. It limits prescribing pain killing analgesics to seventy-two hours. It requires a Board- approved course on oral pharmaceutical agents related to ocular conditions as a condition of -- licensure renewal. And it amends the definitions of “prescriber” and “prescription” in the Illinois Controlled Substances Act to comply with the changes. This is a bill that has been negotiated by the optometrists and the -- ophthalmologists, and I know of no opposition.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1366 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And House Bill 1366, having received the required constitutional majority, is declared passed. Senator Kotowski, on House Bill 1384. Senator Sieben, on House Bill 1403. Senator Harmon, on House Bill 1406. Senator Crotty, on House Bill 1423. Madam Secretary, read the bill. Senator Crotty 102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 seeks leave of the Body to recall House Bill 1423 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of 2nd Reading is House Bill 1423. Madam Secretary, are there any amendments approved for consideration? Madam Secretary, that bill will be placed back on 3rd Reading because we were in error on putting it back to 2nd. The bill is still on 3rd. It’s House Bill 1423. Senator Crotty, do you wish to move forward? Madam Secretary, read the bill.

Deborah Shipley

House Bill 1423. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty.

M. Maggie Crotty (D)

Thank you very much. This bill now, House Bill 1423, it retains the provisions of Senate Bill 259, which passed the Senate. And when it did pass the Senate, I said that we would be continuing with some negotiations between the industry and the elevator operators, and we have that. Now it exempts institution of higher learning and municipalities from being required to have elevator contractor license. That’s also agreed language. And it also has the following provisions: It clarifies Code references relating to relevant equipment. The Elevator Safety Board shall adopt the latest editions of standards within six months of the effective date of those standards. It extends the emergency licensure provisions from thirty to sixty days. It also reduces the fine from fifteen hundred dollars a day and now it goes up to five-hundred-dollar fine and a possible thirty 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 days. It also deletes the exemption with special purpose personnel elevator. That’s the basket that would be on the outside of a building. This -- this was a…

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Excuse me, Senator Crotty. It’s very, very loud in here. We cannot hear. Please keep your conversations down. Senator Crotty.

M. Maggie Crotty (D)

This was an issue that came before JCAR, and over the summer, all parties sat down and negotiated this as a settlement. And I would ask for a Yes vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Risinger.

Dale E. Risinger (R)

Thank you, Madam President. Will the sponsor yield?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.

Dale E. Risinger (R)

Senator Crotty, I really appreciate the effort that you put into this issue, but as I understand it now, there are no opponents to this bill. Correct?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty.

M. Maggie Crotty (D)

It -- that is correct, Senator.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Risinger.

Dale E. Risinger (R)

Then I urge an Aye vote. 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 1423 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. And House Bill 1423, having received the required constitutional majority, is declared passed. Senator Trotter, on House Bill 1425. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1425. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Madam President, Members of the Senate. House Bill 1425 creates the Illinois Radon Awareness Act, which requires that disclosure of potential radon hazards must be provided by {sic} the buyer by the seller in the form of a pamphlet. It also requires -- and it includes the following: a recommendation by -- IEMA for radon testing and mitigation; the maximum concentration of radon before mitigation is recommended; and that if -- the seller is not aware, if they are not aware of radon problems in the real property; and that the seller has provided all radon related information to the buyer. This does not require the seller to conduct radon testing or mitigation prior to the sale of real property. This is agreed-to language by members of the industry. 105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion? Seeing none, the question is, shall House Bill 1425 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. House Bill 1425, having received the required constitutional majority, is declared passed. Senator DeLeo, on House Bill 1439. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1439. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you, Madam -- very much, Madam President and Ladies and Gentlemen of the Senate. Senate -- House Bill 1439 provides that when a person is placed on court supervision for driving an uninsured vehicle, has been convicted three or four -- three or more times, he or she would have to show the Secretary of State proof of insurance. Currently, the law says you must show proof of insurance for one year. This extends it to thirty-six months. And I ask for a favorable roll call.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1439 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the 106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And House Bill 1439, having received the required constitutional majority, is declared passed. Senator Collins seeks leave of the Body to return House Bill 1455 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1455. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 2, offered by Senator Collins.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins, on your amendment.

Jacqueline Y. Collins (D)

Thank you, Madam President and Ladies and Gentlemen of the Senate. Floor Amendment No. 2 becomes the bill, and I can debate that on 3rd Reading.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Koehler, do you wish to discuss the amendment? Senator Munoz. Senator Collins moves the adoption of Amendment No. 2 to House Bill 1455. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Hunter, on House Bill 1462. Madam Secretary, read the bill.

Deborah Shipley

107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 House Bill 1462. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.

Mattie Hunter (D)

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 1462 amends the Code of Civil Procedure to provide that the statute of limitations for any lawsuit arising out of an injury caused by sexual conduct or sexual penetration as defined by the Criminal court {sic} (Code) does not run during a time period when the injured person is subject to threats, intimidation, manipulation or fraud penetrated {sic} by the perpetrator or by a person the perpetrator knew or should have known as acting in the interest of the perpetrator. I ask for a favorable vote. I know of no opposition to this bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Murphy.

Matt Murphy (R)

Thank you, Madam President. This passed unanimously out of the Civil-Judiciary Committee. I urge an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) There any further discussion? Seeing none, the question is, shall House Bill 1462 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. House Bill 1462, having received the required constitutional majority, is declared passed. Senator 108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Collins, on House Bill 1497. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1497. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.

Jacqueline Y. Collins (D)

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 1497 creates the Illinois Urban Development Authority, which will help promote a favorable climate for new and improved job opportunities in urban areas with the municipal poverty rate greater than three percent of the statewide average.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) …any discussion? Senator Murphy.

Matt Murphy (R)

Thank you, Madam President. This bill passed out of Commerce and Economic Development unanimously, and I urge an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, the question is, shall House Bill 1497 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. House Bill 1497, having received the required constitutional majority, is declared passed. Senator Bomke, on House Bill 1499. Senator Ronen, on House Bill 1509. Madam Secretary, read the bill. 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Deborah Shipley

House Bill 1509. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Ronen.

Carol Ronen (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill has to do with persons who are discriminated against. It makes just two simple changes. It returns the request for review process to the Human Rights Commission, as it was once before. Currently, if a case goes to the Department and they deny it, they also have the right to review. That really doesn’t make sense. We’re changing that so that there’s a second body; the Commission has the right to review that. And the second item that it does, it give victims of discrimination the option of pursuing their claim of discrimination in the State court after they’ve been through the -- the -- the Illinois Department of -- of Human Rights for at least three hundred and sixty-five days, and it sets forth rules. I’d be happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Peterson.

William E. Peterson (R)

Thank you, Madam President. Will the sponsor yield?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.

William E. Peterson (R)

Senator Ronen, in this bill, you’re saying that somebody can 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 go to the Circuit Court if, in fact, they were not satisfied with the Human Rights division outcome or that they did not have their case called within three hundred and sixty-five days. Is that correct? After the…

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator -- I’m sorry, Senator Peterson. Senator Cronin {sic}, to answer.

Carol Ronen (D)

That’s -- that’s correct.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Peterson.

William E. Peterson (R)

So what we’re saying is the individual, as well as the employer, will have to spend their own money to try to get their case heard because we’re not giving enough money to the Director of Human Rights to provide for the hearing officers to take care of their case. Why would somebody want to spend their own money, or the employers spend money, to defend themselves when we should be providing that service through our own division, through the Human Rights Department?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cronin -- I mean, Senator Ronen.

Carol Ronen (D)

You are -- you’re incorrect in -- in your assumption and let me just make clear, the cases will all have to go to the Department of Human Rights. The Department of Human Rights will do the investigation. That’s available to all the attorneys. If they choose to go to the courts instead of to the Commission, which this bill allows, the -- the legal time and costs will be 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 the same. All we’re changing is the venue. When somebody goes to the Commission to hear their case, they’re still hiring lawyers, so it’s still the same amount of resources and process. It’s just giving them the option to opt out of the Commission and go to court. This isn’t a radical notion. This puts us in line with federal law and also what thirty-eight other states do.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Peterson.

William E. Peterson (R)

Senator, isn’t it the only reason we’re proceeding with this is because we are not handling the caseload? I mean, why are we giving this option? If the Department’s doing what it’s supposed to do, why do we have to give an alternative way to have a case heard or disposed of and have it go through the courts?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Ronen.

Carol Ronen (D)

…you say Ronen? The -- the answer is that we -- we’re giving the victims their day in court should they choose. That’s -- that’s all. The -- the Department -- and I think this bill might even bring more cases to the Department. Everybody has to go through the Department. It’s not a question of not having the resources there. Every case will go through the Department, you know, and this maybe even could be even more -- more going in. This just gives a small percentage of people, who might wish to take that option, it gives them their right, their day in court. It’s a -- it’s a -- not a major change, but it’s something that puts us in line with what most other states are doing.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Senator Peterson.

William E. Peterson (R)

To the bill: All the major employers are opposed to this. I think you’ll find that this is going to add cost to the price of doing business, and I recommend a No vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Righter. Senator Righter, your light is on. Do you wish to speak?

Dale A. Righter (R)

Thank -- yes, Madam President. To the bill. Thank you, Madam President, Ladies and Gentlemen of the Chamber. I stand in support of House Bill 1509. I am not typically one who believes that we should resort to the courts without fully completing the administrative process, but the bottom line here, as Senator Ronen has pointed out, is if there are a number of meritorious cases that are stuck in the system - and that’s the appropriate word to use, stuck in the system - this bill will simply give those, who choose to elect to do so, the opportunity to avail themselves of the civil justice system. I think that’s the appropriate thing for us to do here in this Body, and I’d urge a Yes vote. Thank you, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill… Senator Ronen, would you like to close? Any -- House -- the question is, shall House Bill 1509 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 Yeas, 22 Nays, 0 voting Present. And House Bill 1509, having 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 received the required constitutional majority, is declared passed. Senator Watson, on House Bill 1514. Senator Cullerton, on House Bill 1517. Senator Harmon, on House Bill 1519. Senator DeLeo, on 1525. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1525. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Madam President and Ladies and Gentlemen of the Senate. If I could have your attention, this is a very, very complicated, extensive bill. This extends the sunset date to 2012 for the Motor Theft Prevention Act {sic} - very, very complicated.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on this complicated bill? Seeing none, the question is, shall House Bill 1525 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, 1 voting Nay, 0 voting Present. And House Bill 1525, having received the required constitutional majority, is declared passed. Top of page 42. With leave of the Body, we’ll return to House Bill 1554. Senator Raoul, on 1555. Senator Link, on 1558. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1558. 114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

Terry Link (D)

Thank you, Madam President. This bill amends the Illinois Income Tax Act. It is a Section authorizing the Director of Revenue to make certain adjustments to base income if it appears to be -- to the Director that there is agreement, an understanding, or agreements exists between the persons that cause any person’s base income allocable to his {sic} State to be improperly or inaccurately reflected. Provides the Director may not make these adjustments before the Department adopts rules concerning these adjustments. Be more than happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Lauzen.

Chris Lauzen (R)

Thank you, Madam President. This passed out of the Senate Revenue Committee unanimously. It reasonably limits the power of government - a good thing. So I recommend an Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 1558 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And House Bill 1558, having received the required constitutional majority, is declared passed. With leave 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 of the Body, we will go back to House Bill 1555. Senator Raoul, do you wish to proceed? Madam Secretary, read the bill.

Deborah Shipley

House Bill 1555. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Raoul.

Kwame Raoul (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1555 clarifies that no one may solicit or hold oneself out to be an adjuster or an -- of insurance claims without being licensed. It also states that a registered firm may only be comprised of licensed public insurance adjusters and that all shareholders, officers and directors of registered firms must also be licensed. This is an initiative of the Cook County State’s Attorney’s Office, and I urge your support.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Wilhelmi.

A. J. Wilhelmi (D)

Thank you, Madam President. Will the sponsor yield?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

A. J. Wilhelmi (D)

Senator Raoul, on page 6 of the bill in Section 512.57(h), the first sentence of that paragraph reads, “A registered firm may only be comprised of licensed Public Insurance Adjusters.” Am I correct to say that this requirement is not intended to include the secretarial or custodial staff or any other staff 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 members who do not engage in the practice of being a public insurance adjuster?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Raoul.

Kwame Raoul (D)

Thank you for your question, Senator. For -- legislative intent, yes, you are correct. Custodians or secretaries are not to be included in the licensing requirement.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 1555 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And House Bill 1555, having received the required constitutional majority, is declared passed. Senator Lightford, on House Bill 1559. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1559. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. This is the legislation that requires schools to receive written permission from parents or guardians regarding biometric information. We passed identical legislation over to the House and this is the parallel House bill. I’d be happy to answer 117 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1559 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. And House Bill 1559, having received the required constitutional majority, is declared passed. Senator Crotty, for what purpose do you rise?

M. Maggie Crotty (D)

On a point of personal privilege.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

M. Maggie Crotty (D)

Thank you very much. In the gallery, up here on the very first row, we have a fourth grader from Western School out in Flossmoor, Cory Kosman, who is here today. He just finished Paging in the House, but now he’s coming to watch real work being done here in the Senate. And he’s here today with his grandmother, who’s a very, very good friend of mine from years back, Diane Kessler. So if everybody…

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests in the gallery please rise? It’s good to see you both. Thanks for being in Springfield. Senator Link, on House Bill 1562. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1562. (Secretary reads title of bill) 118 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

Terry Link (D)

Thank you, Madam President. This amends the School Code to allow school districts to levy a annual tax to pay the cost of settlements or adjustments {sic} under the federal Comprehensive Environmental Response, and Comprehensive {sic} (Compensation), and Liability Act and the Environmental Protection Act. It -- the bill also contains a sunset provision that will allow the school board to levy the -- this tax until December 31st, 2010. Be more than happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Risinger.

Dale E. Risinger (R)

Thank you, Madam President. To the bill: This bill passed out of the Local Government Committee unanimously, but I do want to point out to the Body, this will allow schools to possibly pass a tax increase without a referendum. So I want to make you aware of that.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question… Senator Peterson.

William E. Peterson (R)

Thank you, Madam President. To the bill: I’d just like to point out this bill is narrowly defined. Pertains to one school district. It has a sunset on it. It’s the only district in Illinois that has a federal mandate for cleanup, and I recommend passage of the bill. 119 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 1562 pass. Those in favor, 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 52 Yeas, none voting Nay, none voting Present. And House Bill 1562, having received the required constitutional majority, is declared passed. Senator Lightford, on House Bill 1608. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1608. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1608 amends the Illinois Municipal Code regarding adult entertainment facilities. Currently, in the Illinois Municipal Code, the strip joints, adult facilities are not eligible for more than one thousand feet. This legislation would only address new facilities and extend the one thousand feet to five thousand two hundred and eighty feet, and I’d be happy to answer questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Risinger.

Dale E. Risinger (R)

Thank you, Madam President. To the bill: I understand what the sponsor’s trying to do and I commend her for it. I think 120 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 that is a good thing. There’s a real question about the constitutionality of this bill and the -- the possibility that we may have to spend money in -- in court to try to defend the constitutionality of it, and the -- and we may lose that. But other than that, the intent is good.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall -- shall House Bill 1608 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And House Bill 1608, having received the required constitutional majority, is declared passed. Senator Link, on House Bill 1611. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1611. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

Terry Link (D)

Thank you, Madam President. This permits DPH to issue a two-year license renewal for assisted living facilities if there has not been a Type 1 or Type 2 violation in the preceding twenty-four months or a finding of ten or more for a Type 3 violation. I know of no opposition to the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Pankau. 121 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Carole Pankau (R)

Thank you, Madam President. This is a very reasonable bill. It’s time that they got a break from yearly inspections if nothing has been going wrong. I urge your Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 1611 pass. Those in favor, 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 58 Yeas, none voting Nay, none voting Present. And House Bill 1611, having received the required constitutional majority, is declared passed. Senator Schoenberg, on House Bill 1628. Senator Lauzen, for what purpose do you rise?

Chris Lauzen (R)

Thank you, Madam President. Point -- actually two points of personal privilege.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) State your points.

Chris Lauzen (R)

First of all, I would like to -- on 1608, I did not get a chance to vote on that. I would like the record to reflect that my intention was to vote Yes on that bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lauzen, your intention -- the record shall reflect your intention on House Bill 1608. And your other point?

Chris Lauzen (R)

Thank you. I would like to introduce a couple that is here today from Oswego, Illinois, Leonard and Kathy Wass, from Oswego. 122 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 I would like you to -- welcome them to the Senate.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests please rise? Welcome to Springfield. Senator Schoenberg, on House Bill 1628. Senator Frerichs, on House Bill 1630. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1630. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.

Michael W. Frerichs (D)

Thank you. Thank you, Madam President. House Bill 1630 repeals six Sections of the Counties Code regarding fees charged by county recorders dealing with various aspects of real estate transfers. According to the Association of County Clerks and Recorders, the Sections to be repealed are obsolete and no county recorder performs these functions. It just makes law reflective of existing practice.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1630 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, 1 voting Present. And House Bill 1630, having received the required constitutional majority, is declared passed. Senator Munoz, on House Bill 1641. Senator Munoz seeks leave of the Body to return House Bill 1641 to the Order of 2nd Reading for the 123 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1641. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 2, offered by Senator Munoz.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Munoz, to explain your amendment.

Antonio Munoz (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment 2 retains House Bill 1641 and recodifies the changes made to the definition of term “crime victim” in House Bill 1641, as introduced. The recodification will serve to clarify the impact of these changes, to expand the definition of “crime victim” to include both parents, legal guardians, foster parents, or a single adult representative of a child killed as a result of a violent crime. It was identical to Committee Amendment 1, which was not filed in time to meet the deadline for moving House bills out of the Senate committee. I would ask its adoption.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any -- is there any discussion? Senator Munoz moves the adoption of Amendment No. 2 to House Bill 1641. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 3, offered by Senator Munoz.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Munoz, to explain your amendment. 124 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Antonio Munoz (D)

Thank you, Madam President. Floor Amendment 3 retains House Bill 1641, along with Floor Amendment 2, and increases the penalty for reckless homicide to a Class 2 felony when a defendant fails or refuses to comply with lawful order or direction of any authorized police officer or traffic control aide engaged in traffic control. It also provides that an assault against an individual assaulted to be employed by a municipality and whose duties include traffic control is an aggravated assault. The reason for this amendment, we had two traffic control aides killed while they were working as a traffic control aide in Chicago. I would ask for its adoption.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any -- any discussion? Senator Munoz moves the adoption of Amendment No. 3 to House Bill 1641. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Link, on House Bill 1646. Senator Link, on House Bill 1646. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1646. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link. 125 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Terry Link (D)

Thank you, Madam President. This bill allows the facilities that are life care assisted living and skilled living facilities to provide residents with limited medical treatment at the facilities from a licensed health care professional employed by the facility. The medical services which may be administered include therapy and feeding and sterile wound care. I’d be more than happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1646 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And House Bill 1646, having received the required constitutional majority, is declared passed. Senator Cronin, on House Bill 1647. Senator Demuzio, on House Bill 1648. Senator Haine, on House Bill 1654. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1654. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

William R. Haine (D)

Thank you, Madam President and Ladies and Gentlemen of the Senate. This merely provides, for scrap metals valued at a hundred dollars or more, the scrap processor has to verify and 126 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 record the identity of the person, from at least two sources of ID, who sells them the scrap. This is similar to a bill which passed out of the Senate, is now in the House.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1654 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And House Bill 1654, having received the required constitutional majority, is declared passed. Top of page 42. Senator Watson, on House Bill 1656. Senator Trotter, on House Bill 1657. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1657. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.

Donne E. Trotter (D)

Madam President and Members of the Senate, House Bill 1657 amends the Motor Vehicle Retail Installment Sales Act. This bill holds that beginning the 1st of January, ’08, the maximum fee that can be charged for a documentary fee will be -- to a dealership is a hundred and fifty dollars, instead of the forty dollars which is now required. This language is permissive. The majority of the states around us have much higher fees. And they are now trying to find a way to recoup some of their losses and costs that have grown since 1992, and I seek its passage. 127 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Millner.

John J. Millner (R)

Thank you, Madam President. I would just like to add that Ohio recently increased theirs to two hundred and fifty dollars. Michigan recently increased theirs to a hundred and ninety dollars. Dealers in states surrounding Illinois, like Wisconsin, Missouri, charge a reasonable fee, which means there is no cap. So House Bill 1657 still keeps a cap and requires bold disclosures in the contracts, and dealers are only seeking to increase -- the increase to more accurately reflect the changes and the burdens that have occurred since 1992. Therefore I rise in strong support of the bill. Thank you.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Bomke.

Larry K. Bomke (R)

Thank you, Madam President. A question to the sponsor.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.

Larry K. Bomke (R)

Senator, the -- under the current law, there’s an inflationary factor, is there not? So it’s not really forty dollars, but, I believe, it’s fifty-six or fifty-eight.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.

Donne E. Trotter (D)

That is correct and it has been tied to the cost of consumers’ index. It has gone up eighteen dollars since 1992. But let’s be very clear, this hundred and fifty dollars is 128 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 permissive. It does not have to be charged as part of the negotiated process as you’re buying a -- a car.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Bomke.

Larry K. Bomke (R)

Does the inflationary factor remain? So it will continue to go up from one fifty if -- if the dealer is so inclined to -- to accept the increase?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.

Donne E. Trotter (D)

That is correct. It is still tied to the Consumer Price Index, the CPI. Absolutely correct.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 1657 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 39 Yeas, 12 voting Nay, 0 voting Present. And House Bill 1657, having received the required constitutional majority, is declared passed. Senator Jacobs, on House Bill 1670. I’m sorry. Senator Collins, on House Bill 1662. Senator Jacobs, on House Bill 1670. Senator DeLeo, on House Bill 1671. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1671. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 129 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Senator DeLeo. SENATOR DeLEO: Thank you very much, Madam President, Ladies and Gentlemen of the Senate. House Bill 1671 is the same bill that Senator Millner passed out of here a couple months ago. It was Senate Bill 1201. It passed out of here 55 to nothing. The only difference in this bill than in Senator Millner’s bill, the House put in fair market value. This is that DuPage Forest Preserve bill, where DuPage County just acquired as of July 1 of 2007, they’re getting the St. James Farm, six hundred acres, and they want to be able to sell off some of the parcels to make this a wonderful place for public use. So, again, the only change in the House bill than the Senate bill is this says fair market value.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Millner.

John J. Millner (R)

Thank you, Madam President. I just would like to say that this makes a great bill even better. Thank you to the sponsor, and I urge and I -- a Aye vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Don’t make his head any bigger than it is. Is there any further discussion? Seeing none, the question is, shall House Bill 1671 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, 1 voting Nay, 1 voting Present. And House Bill 1671, having received the required constitutional majority, is declared passed. Senator Hultgren, on House Bill 130 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 1673. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1673. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hultgren.

Randall M. Hultgren (R)

Thank you, Madam President. This is very similar to a bill we passed a few weeks ago. In fact, it’s identical. What it does is it allows forest preserve districts to be able to create a special capital improvement/repair fund, very similar to what our municipalities and park districts can do. No opposition. I’d ask for the Body’s support.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1673 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, 1 voting Nay, 0 voting Present. And House Bill 1673, having received the constitutional majority, is declared passed. Senator Martinez, for what purpose do you rise?

Iris Y. Martinez (D)

Sorry, I hit the wrong button. I wanted to vote Yes on that last bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect your intention on House Bill 1673. Senator Hultgren, on 1684. Mr. Secretary, read the bill. 131 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Scott Kaiser

House Bill 1684. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hultgren.

Randall M. Hultgren (R)

Thank you, Madam President. This is a bill that was brought to me or actually brought to the House sponsor by the State’s attorneys in DuPage County. And what it does is it states -- and we already have the Cannabis Control Act, and what this does is puts in production of more than two hundred cannabis plants would become a Class I felony. I’d ask for the Body’s support. No one is opposed to this.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1684 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. And House Bill 1684, having received the required constitutional majority, is declared passed. Senator Link, on 1685. Senator Righter, on House Bill 1741. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1741. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) 132 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Senator Righter.

Dale A. Righter (R)

Thank you, Madam President, Ladies and Gentlemen of the Chamber. House Bill 1741 amends the Illinois Fertilizer Act of 1961. It would require non-registrants or those people who do not -- are not registered to purchase fertilizer -- individuals who are dealing fertilizer would have to record non-registrant purchases of ammonium nitrate. As many of you know, ammonium nitrate is a common bomb-making material and was found in substantial quantities in the Oklahoma City bombing. Proponents include the Illinois Fertilizer and Chemical Association, the Illinois Farm Bureau and the Illinois Grain and Feed Association. I’ll be happy to answer any questions.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1741 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Yeas, none voting Nay, none voting Present. And House Bill 1741, having received the required constitutional majority, is declared passed. Senator Martinez, on House Bill 1744. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1744. (Secretary reads title of bill) 3rd Reading of the bill.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.

Iris Y. Martinez (D)

133 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Thank you, Madam President, Members of the Senate. House Bill 1744 - no employer may enroll in the EEV Basic Pilot Program until SSA and DHS make determination on ninety-nine percent of tentative nonconfirmation notices within three days. Employers participating in the program must provide the Department of Labor certain information regarding completed training and the posting of the notices concerning anti-discrimination; must post anti- discrimination notices, require mandatory training for employees using the program, notify prospective employees of -- of their participation in the program, and provide information to resolve nonconfirmation notices, and require confidentiality when participating in the program. No unit of local government, including a home rule unit, may require any employer to use an Employment Eligibility Verification System.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Righter.

Dale A. Righter (R)

Thank you, Madam President. Will the sponsor yield, please?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.

Dale A. Righter (R)

Thank you. Senator Martinez, the bill contains a threshold requirement of ninety-nine percent accuracy. Can you tell me where that ninety-nine percent figure came from? Who came up with that number?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.

Iris Y. Martinez (D)

Thank you. Thank you, Senator Righter. The problem that 134 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 we’re having here in the State of Illinois is that Illinois has a significant number of workers and job seekers who are currently or will in the future be stuck in limbo if we don’t take care of this problem that we have now. And people are losing jobs because they are using the system to either see if their names match Social Security or any other information they’re looking for. And right now, that system is very flawed. So we’re asking some of these employers here is not to use that system until we can get the federal government to work out all the kinks that there is in the system. Is anything ever going to be at ninety- nine percent? Probably not, but we want to make sure that until that system is close to being perfect, we don’t want any job seeker or anyone from Illinois losing jobs because of it.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

Thank you, Senator Martinez. And I appreciate the seriousness of the problem, but my understanding is that this computer system is -- is -- has been designed by and operated by the Department of Homeland Security and the Social Security Administration. But what I’m asking you is, where did the ninety-nine-percent threshold come from? Because it’s my understanding that neither the -- Social Security Administration nor the Department of Homeland Security provided any input into coming up with that number. Where did that number come from?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.

Iris Y. Martinez (D)

Thank you. It’s my understanding that that number came from 135 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 the federal government itself. They’re the ones that came up with this -- these numbers and that’s why we’re making sure that here in Illinois we’re able to participate. But at the same time, there doesn’t seem to be a clarity as far as the system and how flawless, you know, they -- they -- the system is right now - how many flaws the system has.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

Dale A. Righter (R)

To the bill, please, Madam President. Ladies and Gentlemen of the Senate, first I want to congratulate the Senator. She is working very hard on what is very -- a very, very difficult problem. Having said that, the testimony in committee was not that the ninety-nine-percent threshold came from the federal government. That’s not what the witness said in the Senate Executive Committee, and in fact, he said himself that neither the Social Security Administration nor the Department of Homeland Security, who are responsible for the computer database, gave that figure. As the Senator has said herself, the ninety-nine- percent threshold is probably not achievable. And so what you’ve done is you’ve set up the system for failure. This is a difficult problem. There’s no question about that. Here’s my concern, Madam President, is that employers who are voluntarily taking part in this program to see if the individual who they are going to hire can -- legally work in the United States, by continuing to push them in this regard, they’re going to do one of two things: They’re either not going to care whether the person they’re hiring can work in the country legally or they’re going to stay away from individuals who they think that question 136 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 might be asked of them, and that is exactly the wrong direction in which we want to go. Again, I appreciate the severity of the problem. I do not believe this is the right way to address it. I would urge a No vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Lauzen.

Chris Lauzen (R)

Thank you, Madam President. A question for the sponsor.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.

Chris Lauzen (R)

Again, I certainly appreciate where you’re trying to go. You don’t want an ineffective instrument being used that might hurt people. In your work on this bill, isn’t it true that what happens when a false negative comes up is that the person who’s applying for the job has the opportunity to prove that they have -- you know, that they’re legal and all the rest of it? So, the idea that a false negative costs a person a job, isn’t that perhaps hyperbole?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.

Iris Y. Martinez (D)

What was the last statement?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lauzen.

Chris Lauzen (R)

Just the idea that isn’t it true that when a false negative takes place, doesn’t it give the applicant an opportunity to demonstrate that they have -- you know, that they’re a legal 137 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 resident?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.

Iris Y. Martinez (D)

Yes, Senator Lauzen, and this isn’t -- this is not about -- this is about U.S. citizens that are actually -- actually going through some of these issues right now, ‘cause anything that was put into the system, let it be a misspelling of a last name, let it be a -- a wrong number, can cost someone their opportunity to get a job. The thing is, we want to make sure that the ninety- nine percent that -- that Senator Righter was talking about was the fact was something that they -- that the federal government were the ones that came up with that figure for us. But what we want to make sure happens this year is the opportunity for three -- for at least in three days, they can go and clear that matter up.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lauzen.

Chris Lauzen (R)

…the bill, Madam President. I would guess, and I’m not positive of this number, but the -- setting a hurdle so high, at ninety-nine percent, perhaps is impractical. I would guess that the matches between social security numbers and W-2s, when employers have -- the Social Security Administration sends back - you know, you have a problem on your W-2s; this doesn’t match up - my guess is that that -- that would be under the ninety-nine- percent level. My point is that we should not have the perfect become the enemy of the good. Trying to employ people is such a tough challenge to begin with. It’s so hard to get it right in 138 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 the first place and now with all the regulations that are going to become higher and higher stakes, that we should at least let people use the tools that are available and let them try to comply with the law. Give them some tools to use, rather than none at all. I would -- recommend a -- a No or a Present vote.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall House Bill 1744 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 Yeas, 8 voting Nay, 1 voting Present. And House Bill 1744, having received the required constitutional majority, is declared passed. Senator DeLeo in the Chair.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, continuing on House Bills 3rd Reading. With leave of the Body - we’re on page -- top of page 43 - we’ll go back to House Bill 1656. Senator Watson, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1656. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

Frank C. Watson (R)

Yes. Thank you very much, Mr. President. I appreciate this consideration. House Bill 1656 is a College Illinois! bill. And 139 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 the bill updates Illinois law to mirror the federal extension of tax-exempt status for College Illinois!. As you all know, the College Illinois! has been a tremendous program. It helps families pay for their college tuition. Since the inception of College Illinois!, twenty-seven thousand Illinois families have purchased more than fifty-three thousand prepaid tuition contracts. That’s incredible. Fifty-three thousand prepaid tuition contracts with a value of more than one billion dollars. It’s been a huge, huge success. The -- this legislation is the initiative of the Illinois Student Assistance Commission, which administers the College Illinois! program. I’d appreciate your support.

James A. DeLeo (D)

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 1656 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 59 Ayes, 0 voting Nay, 0 voting Present. House Bill 1656, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading, we will return back to the Order we just left. On the middle of page 43 is House Bill 1752. Senator Link, do you wish to proceed, sir? Senator Terry Link, on 1752, sir. Out of the record, Mr. Secretary. Senator Link, on 1753. Senator Link, on 1753. Out of the record, Mr. Secretary. Senator Cullerton. Senator John Cullerton, on 1756, sir. Senator John Cullerton. Out of the record, Mr. Secretary. Senator Carol Ronen, on House 140 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Bill 1758, ma’am. Do you wish to proceed? She indicates she’d like to proceed. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1758. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

Carol Ronen (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This -- this bill took me two different committees to be able to explain it, so hopefully I can do it easily now. We’ve talked a lot about the ability of people to stay in their homes and not be institutionalized and what that would take and how we move the State towards that process. This bill sets up a pilot project of not more than fifty people between the ages of sixty and sixty-four to be able to look at how we can do that, what services they need, how we have to change income levels, asset levels. That’s what this bill does. I’d be happy to answer any questions. The fiscal impact is minor, something like about six hundred thousand dollars, and I’d ask for your support. Thank you.

James A. DeLeo (D)

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

Dale A. Righter (R)

To the bill, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir. 141 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Dale A. Righter (R)

Thank you. I rise in support of the Senator’s bill. The Senator’s bill is what I think is a little bit unique, but an entirely appropriate way to address the health care issues that we have facing here in Illinois. We have a number of people who slip through the grates every single day here in this State, and the way to go about that is to try to find out exactly who they are and then narrowly target the solution. Not every proposal out here is like that, but the good ones really are. The good ones will get unanimous votes, and I think this one will as well. Thank you, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, the question is, shall House Bill 1758 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 59 Ayes, 0 voting Nay, 0 voting Present. House Bill 1758, having received the required constitutional majority, is declared passed. Continuing on House Bills is House Bill 1775. Senator Crotty, do you wish to proceed, ma’am? Out of the record. Ladies and Gentlemen, continuing on House Bills 3rd Reading, we’ll turn to the top of page 44 of your Calendar, is -- Senator Luechtefeld on 1778, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 1778. (Secretary reads title of bill) 3rd Reading of the bill. 142 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

James A. DeLeo (D)

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

David Luechtefeld (R)

Thank you, Mr. President and Members of the Senate. House Bill 1778 is a bill -- which has been written and -- and put together by the Department of Natural Resources in conjunction with the Treasury Department. They’ve -- they’ve agreed to this. Basically what it would do, it would be allowed to establish a -- a fund at a local bank and it would be in -- for the Sparta Shooting Complex. The -- that particular -- there are a couple of those shoots that last longer than -- than a week. Normally they’re supposed to put the money back in the bank, I think, on Mondays of each week. This would allow them to establish a local bank and, in the process, pay off the winners at the end of the shoot. Would answer any questions and would appreciate an Aye vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 1778 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1778, having received the required constitutional majority, is declared passed. Senator Syverson, for what purpose do you seek recognition, sir?

Dave Syverson (R)

Thank you, Mr. President. On my notes, I had -- I realize that on House Bill 1347 I did not vote and that I would have my 143 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 intent to be voted No on that.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Record will so reflect your intention, sir. Continuing on House Bills 3rd Reading is House Bill 1795. The Chair recognizes the Majority Leader Halvorson. Do you wish to proceed, ma’am? She indicates she wishes to proceed. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1795. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Leader Halvorson, to the bill, ma’am.

Debbie DeFrancesco Halvorson (D)

Thank you, Mr. President, Members of the Senate. House Bill 1795 creates the Employment Classification Act. We are losing -- the State is losing hundreds of millions of dollars because of the misclassification of workers. We have -- the State isn’t -- when your 1099ed improperly, you lose workers’ unemployment tax. We lose workers’ compensation tax. So what we want to do is make sure that people are classified properly. Now according to the bill, there are twelve different aspects that would -- if you fall under any of them, this bill doesn’t even apply to you. So, if I need to, I will go into that, but right now I’d just rather answer any questions that anybody might have.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Hultgren, what purpose you seek recognition, sir? 144 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Randall M. Hultgren (R)

Thank you, Mr. President. Will the sponsor yield for a question?

James A. DeLeo (D)

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

Randall M. Hultgren (R)

Yes, Senator Halvorson, just a quick question. I know this -- according to our records, I don’t think this passed out of committee and so I just wanted to see what the process is of how it gets to the Floor.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Leader Halvorson.

Debbie DeFrancesco Halvorson (D)

Thank you, Mr. President. After the deadline of committees, everything was re-referred back to Rules and there was in a Rules Committee to discharge straight to the Floor, which we can do based on, I believe, it’s Rule 7-9.

James A. DeLeo (D)

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

Randall M. Hultgren (R)

Thank you, Mr. President. To the bill.

James A. DeLeo (D)

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

Randall M. Hultgren (R)

Real quickly, just want to make people aware of this. Again, we have a committee process that’s set up here and bills are to go through that process for us to be able to discuss it. This is a bill that did not pass out of committee. Furthermore, when it didn’t pass out of committee, it was not right up against 145 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 the deadline. There was still another day or two before the deadline. I know both parties spent significant time trying to see if they could address issues. It was our understanding that an -- an agreement between labor and business, trucking issues -- everybody who’s involved in this came to an agreement, but that is not a part of this bill. This is the original bill that failed. It did not get enough votes to -- to pass out of the Labor Committee. I would encourage all the Members on our side of the aisle to vote No on this bill. Again, my understanding was there was agreement between labor and business. When that happens, normally we defer to labor and business on that. In this situation, that did not happen. The agreement has been set aside, has not been acted -- acted upon. Instead, the original bill that has the problems that the business community has with it has been placed before us today. And unfortunately, with all due respect to the sponsor of this legislation, I would -- ask my colleagues to vote No on this bill. Thank you very much, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Hendon, are you seeking recognition, sir?

Rickey R. Hendon (D)

…Mr. President. While I voted against this bill in committee, and I hope that all of those who knew my position on the bill are listening and paying attention, because of the hard work of the sponsor and yourself, Mr. President, as well as President Jones, I am now comfortable with voting for this bill, and I would urge everyone on this side of the aisle to support Leader Halvorson and vote for this bill. All the -- of those who 146 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 in -- in the caucus who were concerned and not sure, about my position, my position has changed, and I believe that this is now a bill in good shape and we should all be Yeses on this bill. And any other issues we have, we will work them out over the summer. I urge an Aye vote.

James A. DeLeo (D)

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

Chris Lauzen (R)

Thank you, Mr. President. A couple of questions for the sponsor.

James A. DeLeo (D)

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

Chris Lauzen (R)

I am trying to remember in the last fifteen years ever having seen where a piece of legislation failed in committee and then was brought out. It’s possible that that may have happened in the last couple years and I just missed it. But is this the same bill that one of the reasons why it failed in committee was that if the accusation is made that a business is using subcontractors, rather than employees, that they can shut down that business while they’re working out the dispute? If I recall correctly, that’s a provision in this bill. Could you let me know?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson.

Debbie DeFrancesco Halvorson (D)

Thank you, Senator, for asking that question. First of all, the penalties in this bill are even less than we passed in the day laborers Act. It’s less than in the Equal Pay Act. It goes 147 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 along with the fact that, you know, it -- contractors who are doing this - now remember, this isn’t about the contractors who are 1099 legally, this is the -- about the 1099 -- contractors who are 1099ing them illegally - and they are making so much money -- they’re saving so much money by not abiding by the laws. If we didn’t have penalties such as this in there, it would be like if you were speeding down the road at a hundred miles an hour and you knew that the fine was a dollar, you would take your chances. So we’re just keeping up with making sure that the fines are commensurate with the actual thing that’s happening.

James A. DeLeo (D)

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

Chris Lauzen (R)

Thank you, Mr. President. So the -- the answer is that while I’m proving that I’m innocent, my business is shut down; while I’m trying to establish that these are either legal or illegal, my business is shut down. Is it also -- is -- is the provision -- is there another provision in this bill where you assign ten percent of the proceeds of whatever the penalties or whatever the downside for the business is? Is this the bill that actually establishes a ten-percent bounty to the person who brings the accusation and shares it with something like an interested third party, I think it was called in the previous bill that had failed in committee? Is that still in this bill?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson.

Debbie DeFrancesco Halvorson (D)

First of all, Senator Lauzen, I do not believe that the job will be shut down, and second of all, it is the current -- the 148 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 original bill. So, that is also still in there.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.

Chris Lauzen (R)

Then -- then to the bill. We have a situation in Illinois where -- and you know that I spent fifteen/twenty years serving small business owners. I have sat at kitchen tables listening to people make the decision whether they are going to hire people, whether they’re going to provide hospitalization, and in the last several years, literally it’s my impression that -- that Illinois government has become hostile to those who take the -- the risk to employ other people. The idea of creating bounty hunters - bounty hunters. I mean, it’s bad enough when they try to pass GRT, the -- the Gross Receipts Tax, and all the rest of the taxes and regulation, but now we’re going to have interested third parties - bounty hunters - who are going to go out and try to find people. And once they find people that they’re interested in, they’re going to accuse ‘em of doing something wrong, and according to the bill, it says in part (b) on page 8: whenever the Department believes upon the investigation that there has been a violation of any of the provisions of this Act - which is very arbitrary; it’s all in their hands - or any rule or regulation promulgated under this Act, the -- the Department now may issue and cause to be served on any party an order to cease and desist. On the accusation, Ladies and Gentlemen, you are put out of business. This is the most dangerous kind of legislation. I can’t imagine why we would consider it on the Floor. I applaud the efforts of people in committee when they said no and it didn’t come out. It failed there. I ask you for a No vote. 149 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Holmes, you seeking recognition, ma’am?

Linda Holmes (D)

I rise in strong support of this bill, as I did in committee, and I do that from my background as a remodeling contractor, who twenty years ago, when we began our business, as the business grew, within a couple years we had to make a determination did we hire employees or did we hire subs? We looked for guidance and I will tell you that things were so ambiguous, we had no idea what to do. So at that point, it became something, going, what do we do? We ended up hiring employees, but it became -- it was -- it was very ambiguous as to who is a subcontractor and who is an employee? This legislation will help clear that up and this is so necessary. This is not going to punish the legitimate business owner who is running their business properly. This will punish the business owner who has decided that fifty employees should receive 1099s so that that employer does not have to pay workmen’s comp, does not have to cover those employees adequately. Basically, what this legislation does is it protects the legitimate business owner. It protects the employees. It protects those who are hiring the company because they know that if they’re hiring a legitimate company who is hiring legitimate employees, they will be covered under workmen’s comp and they will have the necessary insurance. This legislation will also bring back millions of dollars to the State that are lost by people being misclassified as 1099 -- subcontractors receiving those 1099s and not paying the State. I don’t see a downside to this legislation and I take that from my background in construction, and I urge an Aye vote. 150 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

James A. DeLeo (D)

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

Gary G. Dahl (R)

Thank you, Mr. President. To the bill.

James A. DeLeo (D)

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

Gary G. Dahl (R)

This process of having a bill go into committee and not come out of committee with a favorable vote and then show up on the Senate Floor after all parties have been working diligently to work out the issues -- and if we look on our screen here and see who the opponents are and who the proponents are, we -- we can see that the opponents to the bill are the business people and the proponents are the -- are the unions. I don’t have a problem with unions. I’ve said that time and time and time again, but in the State of Illinois, we continue to send the strong message to business that we don’t want you here. And what we’re doing here with this bill is that very same thing. If this bill would have gone through the process and had everybody on board, we wouldn’t be having this discussion today. We’d be having everybody on board with a Yes vote and there wouldn’t be anybody on the opponents’ side of this thing. Once again, we haven’t even got to the budget yet and we’re already sending messages to business that we don’t want you in Illinois. This isn’t the first vote this year. We’ve already had a half a dozen of ‘em. So, I encourage you to be real cautious with your vote on this. I’m going to be a No vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, no further 151 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 discussion. Senator Halvorson, to close, ma’am.

Debbie DeFrancesco Halvorson (D)

Thank you, Mr. President. With all due respect to all the discussion, I wouldn’t -- I would suggest to everybody here, the legitimate businesses that are doing things the right way are on board with this. And I don’t know who would not want to help the State bring in the unemployment insurance, the workers’ compensation insurance. And, you know, our workers are losing out on valuable benefits that they are entitled to when they are not given the proper status, the proper classification. You know, there was some discussion about the process and this being worked out and agreed to. I’m the sponsor of the bill. I don’t remember agreeing to anything. I believe that this is the right thing to do. It will bring -- in a time when we need to be bringing more money into the State, this is one thing that we can do to bring legitimate dollars back to the State of Illinois that we are losing. You know, there was talk about the truckers. You know, that -- that they don’t want to be classified as employees. Well let me tell you something, the free-spirit trucker, the person who doesn’t want to work in the winter or doesn’t want to work in the summer, only wants to work in the winter, and he only wants to do whatever he wants to do, that person is a legitimate independent contractor. They are one of the organizations that have nothing to do with this bill. There was also discussion on falling under the 212 Unemployment Act. There’s a three-part test in this bill, that if you fall under that three-part test, you’re not part of this. So why don’t you take a good look at what’s really going on. This is about bringing money to the State. This is about equaling the playing field. This is about 152 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 doing the right thing so that all businesses, all legitimate contractors have an opportunity. I ask for an Aye vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, the question is, shall House Bill 1795 pass. All in favor, vote Aye. All 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, Mr. Secretary. On that question, there are 38 Ayes, 19 Nays, 0 voting Present. House Bill 1795, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, continuing on House Bills 3rd Reading is House Bill 1797. Senator Raoul, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1797. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

Kwame Raoul (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1797 amends the -- Condominium Property Act regarding conversion condominiums. The bill provides that if an owner fails to provide a tenant with the notice of an intent to convert a piece of real estate into a condominium, and the tenant vacates the premises as a direct result of the non-renewal of their lease, and the unit is then converted into a condo, then the owner is liable to the tenant for the tenant’s actual moving expenses, three months’ rent at the subject property, and 153 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 reasonable attorney fees and -- and court costs. I urge your support.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, seeing no discussion, the question is, shall House Bill 1797 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is -- Senator Noland, for what purpose do you rise, sir, in the middle of a roll call? Just jump in anytime.

Michael Noland (D)

Sorry about that, Mr. President. Thank you very much for -- for indulging me here. I do have a question of the sponsor if he’ll yield.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) I’m sorry, sir. Sponsor indicates he’ll yield for a question, sir. Do you know your seats are right next to each other? Senator Noland.

Michael Noland (D)

Yes. Well, this one just had to pass by the -- by the roll here and I just wanted to ask -- it’s a question of legislative intent. It’s been brought to my attention that several organizations have concerns regarding the meaning of “injunctive relief”. That’s on page 15 {sic} (5), line 15 in your House Bill 1797, Senator. Does this mean that a tenant could come back and reacquire or reoccupy a unit after it has been vacated by the tenant?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.

Kwame Raoul (D)

No, Senator, what is meant by “injunctive relief” is the 154 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 relief in Section 30(a)(2) (A), (B), and (C), as I mentioned before: the moving expenses, not to exceed fifteen hundred dollars; three months’ rent at the subject property; and attorney fees and court costs.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, let’s try this again. Seeing no further discussion, the question is, shall House Bill 1797 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 59 Ayes, 0 voting Nay, 0 voting Present. House Bill 1797, having received the required constitutional majority, is declared passed. House Bill 1822. Senator Link, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1822. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

Terry Link (D)

Thank you, Mr. President. This amends the Illinois Horse Racing Act of 1975. Provides that the Children’s Discovery Museum in Normal, Illinois, shall receive payments from the General Revenue Fund at the funding level determined by the amounts paid at the Miller Park Zoo in Bloomington, Illinois, in the calendar year of 2006. I know of no opposition. I’ll be more than happy to answer any questions. 155 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Link. Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 1822 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 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 1822, having received the required constitutional majority, is declared passed. Senator Delgado, on House Bill 1839, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1839. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

William Delgado (D)

Thank you, Mr. President, Members of the Senate. House Bill 1839 will promote physical education in our schools by reducing the maximum amount of time a school district can have a P.E. waiver. A P.E. waiver is meant to be a temporary solution to a problem that the school district faces. Some school districts have been using these waivers as a permanent crutch -- crutch. Currently there are districts in Illinois that have had a P.E. waiver in place for more than ten years. House Bill 1839 will keep waivers a temporary solution, that all children in the State of Illinois can have an opportunity to receive P.E. at some point in their schooling. This bill also reduces a P.E. waiver to two 156 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 years instead of the five years that it’s currently at. It will also limit the number of waiver renewals the school district can be granted to two renewals. This would provide a maximum of six years that a district can waive P.E. and have that in place. And I am open to questions.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) …you, Senator. Is there any discussion? Senator Cronin, you seeking recognition, sir?

Dan Cronin (R)

Thank you very much, Mr. President. I rise in opposition and I do so with reluctance, because I have great respect for the sponsor of this legislation. Seems like I’m approaching the Body and seeking an appeal here based on historical prospective. The mandate waiver law, which was enacted several years ago, states that waivers or modification of the School Code and rules and regulations may be requested when a school district demonstrates that it can address the intent of the rule or the mandate in a more efficient, effective, or economical matter {sic} or when necessary to stimulate innovation or improve student performance. Ladies and Gentlemen, this was another one of the hallmarks of our school reform Acts back in the ’95, ’96, ’97 period of time, which we were praised for, and we’re turning back the clock on this yet again. Now, we’re all concerned about children’s health and the growing percentages of childhood obesity, but this has nothing to do with that. This legislation does not reduce childhood obesity. What it does is it takes away a district’s ability to administer their educational programs in a way that makes sense for that community, including P.E. Let me just share with you real quick. There’s virtually not a Member in this Body 157 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 whose district and schools will not be impacted, because if you look at the list of waiver requests over the years, everyone will be impacted. It defies common sense that you are going to prohibit a local school district from waiving P.E. for a junior or senior who is in varsity sports or a child who is in the marching band -- who are out there marching for two hours every evening, getting more physical education than they’d ever get in the P.E. class. Ladies and Gentlemen, please, I beg of you, rethink your position on these educational programs. I know that we have the -- the -- an influence here that’s leading Springfield government these days, but keep your mind on the -- on -- on the objective here and that is what best serves children, what advances their education, and how do we trust the people that are closest to them, in this case local school boards and local management. I urge a No vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Lightford, you seeking recognition, ma’am?

Kimberly A. Lightford (D)

Thank -- thank you, Mr. President. I am. To the bill, please.

James A. DeLeo (D)

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

Kimberly A. Lightford (D)

I rise in support of this legislation. I find it that if this was set in place in the late nineties, we’re now in -- in early -- 2007 and I can’t think of a better time to turn the hands of time if it’s not working. It’s almost like if it doesn’t fit, you must acquit, or if the glove is not -- if the 158 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 hand is bigger than the glove. I learned that from Mr. President. But I rise in support of this legislation, because it’s not just education as Senator Cronin’s discussing, it’s the fact that we’re not allowing our children the opportunity to a physical education class. Why are we cutting out physical education when we know that our children need it? We’re cutting out recess. We know our kids need recess. We’re not giving them any outlets, and we’re justifying local control by saying it’s local control. Sometimes that isn’t the best choice. So I -- I can rise in support of this legislation because I know obesity is just one factor of the problem, but there is so many more problems that go along with not having quality fitness. I don’t know that giving an example of being in a marching band and marching for hours justifies for not having physical activity every day. So I support the sponsor’s legislation. We give waiver request after waiver request, after waiver request. These schools aren’t doing anything to adequately -- adequately fix the problem because they know they can come here time and time again and request these same waivers, these same waivers. In fact, some of the schools that you’re talking about from ’97, ’98 are the exact same waivers that I’m dealing with today in 2007. So I would hope that all of you would just consider your -- your own home districts and your school districts and think about the need for physical education, and I urge a Aye vote.

James A. DeLeo (D)

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

Dave Syverson (R)

Thank you. To the bill, Mr. President. 159 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

James A. DeLeo (D)

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

Dave Syverson (R)

Clearly obesity is a significant problem in our schools and is growing at -- unfortunately at -- at such levels that it is going to bust our -- our health care system. My concern is, though, this is not the same physical education programs that we had when we were in school. My concern is that if we are serious about wanting to address obesity and we’re talking about getting kids out there doing aerobic exercise or doing things that are going to raise the heart rate, it would make sense. You know, my concern is that the school districts today -- in one hand we say, we need physical education to address the problems of obesity, then we turn around and have kids, like when my daughter was in school a couple years ago, where they take a semester and they go bowling and they do archery and they do golf. You know, I don’t think getting onto a school bus, taking it twenty minutes to a bowling alley, throwing two or three lanes of -- of bowling, getting back in the bus and coming back is having any effect on our children’s health. You know, I think -- I would be certainly much more open to supporting mandatory physical fitness if we knew that we were really addressing physical fitness, as opposed to all the other areas that school districts are addressing. So, I reluctantly would urge a No vote until we get to a point where the school districts want to get serious about physical education and they want to come up with a program that’s going to help our children get back into the kind of shape they need to be in. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 160 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Thank you, Senator. Ladies and Gentlemen, seeing no further discussion, Senator Delgado, to close, sir.

William Delgado (D)

Thank you, Mr. President, Members of the Senate. First of all, I’d like to point out that in my nine years here in the General Assembly, I’ve been working with the Illinois Association of Physical Educators, Recreation and Dance {sic} in all of our districts. When we talk about our bowling teams, we’re talking about extracurricular. Go tell Phil Lawler that in Naperville, who has one of the leading, leading gym programs in our State. Let’s talk about Type II diabetes and obesity. Let’s talk about school districts not taking the opportunity of exhausting the remedies, of saying “I understand if you have inadequate facilities, but what -- what -- what steps are you taking to -- to develop that contract with Bally’s Gym?” “What -- what steps are you taking to rent that extra farm space that farmer might have?” No, it’s not your father’s gym class, but it’s still needed, ‘cause every day we know that our children are sitting by idly when they should be focused and making sure that they’re receiving adequate attention. Obesity and all the diseases that are associated with it, caused not only by what one eats. But P.E. is good for students’ health - the physical and mental and emotional. The physical activity has been correlated to better relationships, less depression, fewer risk-taking behaviors and higher grades. We have to make sure that P.E. teachers continue to teach how young people lead a healthy lifestyle. These are our children and every day while our schools are over here writing off waivers and sending them off into another classroom, our instructors are driving off to Bally’s and having a pretty 161 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 good workout. What -- let’s make sure -- for those who have inadequate facilities, let’s address those through referendums, but let’s not keep our children sitting at their desk when we know, all in all, it’ll take a twenty good minute workout. Let’s not say No to the health and the future of Illinois and the Olympics and our children. I am looking for green lights. I’m looking for your Aye vote. Please vote Yes on House Bill 1839.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Ladies and Gentlemen, the question is, shall House Bill 839 pass. All those in favor -- correction, House Bill 1839. The question is, shall House Bill 1839 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 45 Ayes, 13 Nays, 0 voting Present. House Bill 1839, having received the required constitutional majority, is declared passed. Senator Hendon, for what purpose you seek recognition, sir?

Rickey R. Hendon (D)

Mr. President, I’ll be very brief because we’re trying to get through the Calendar.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Is this the purposes of -- is this a purpose for announcement, sir?

Rickey R. Hendon (D)

Purpose of announcement. If you will take a look at Senator Iris Martinez, you will see that this year, thanks to you and Senator Noland, we will be awful sharp, pretty doggone clean on the softball field tomorrow as we crush the House in the annual 162 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 softball game. Those who show up at practice tonight will get this outstanding uniform tonight. Those who don’t show, you might get yours tomorrow. But we must, we must defeat the House. Now we are underdogs, but this is the upper Chamber. This is the House of Lords. We are the kings. They are the commoners. We will beat them tomorrow. 5 o’clock today, Lincoln Park. Be there or be square.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, clarification for Members that couldn’t understand, there will be a practice this evening upon adjournment. Ladies and Gentlemen, House Bills 3rd Reading is House Bill 1855. Senator Dillard. Senator Kirk Dillard, do you wish to proceed? Senator Kirk Dillard. Out of the record, Mr. Secretary. Senator Link, on 1876, sir. Senator Link, on 1876. Mr. Secretary, out of the record. Senator Dillard, on 1900. Senator Link, on 1900. On -- on -- excuse me, Senator Dillard, on 1900. Out of the record, Mr. Secretary. Senator Link, on 1917. Senator Link, on 1917. Out of the record. Senator Haine. Senator Haine from -- on -- House Bill 1926. Out of the record. Leave of the Body, we will come back to 1947 today. House Bill 1979. Senator Millner. Senator John Millner, on 19… Out of the record, sir. Senator Wilhelmi, on 1988. Senator Wilhelmi, on 1988. He indicates he wishes to proceed. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 1988. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi, to the bill, sir. 163 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

A. J. Wilhelmi (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1988 amends the Fire Investigation Act to require fire chiefs to furnish the State Fire Marshal information that the State Fire Marshal deems of importance to the fire services. The bill also -- the bill also denotes that the State Fire Marshal may adopt rules for the administration of the reporting of fires, hazardous material incidents, and other incidents or events that the Fire Marshal deems of importance to the fire services. I’d be happy to answer any questions and I ask for an Aye vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Ladies and Gentlemen, seeing no discussion, the question is, shall House Bill 1988 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 59 Ayes, 0 voting Nay, 0 voting Present. House Bill 1988, having received the required constitutional majority, is declared passed. House Bill 2035. Senator Crotty, do you wish to proceed with that, ma’am? Out of the record, Mr. Secretary. Ladies and Gentlemen, turn your Calendars to page 45 and we’ll go to the top of page 45. …continuing on House Bills 3rd Reading is House Bill 2787. Senator Delgado, do you wish to proceed with that bill? He indicates he does. Mr. Secretary, please read the bill.

Scott Kaiser

House Bill 2787. (Secretary reads title of bill) 3rd Reading of the bill. 164 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

James A. DeLeo (D)

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

William Delgado (D)

Thank you, Mr. President and Members of the Senate. House Bill 2787 requires, subject to appropriations, funding for civic education and professional development for high school teachers to be -- to be provided by a line item appropriation to the State Board of Education. ISBE must then provide funding to teach {sic} regional superintendent based on high school enrollment. Twenty percent of each annual -- appropriation is set aside for Chicago. I’m available for any questions.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Ladies and Gentlemen, seeing no discussion, the question is, shall House Bill 2787 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 59 Ayes, 0 -- 0 voting Nay, 0 voting Present. House Bill 2787, having received the required constitutional majority, is declared passed. Senator Delgado, on 2808, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the bill.

Scott Kaiser

House Bill 2808. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Delgado.

William Delgado (D)

165 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Muchas gracias, Señor Presidente. Thank you very much, Mr. President and Members of the Senate. House Bill 2808, this bill authorizes special license plates that are designated as Autism Awareness plates. The bill adds increased fees for these plates to be paid, subject to appropriation by the General Assembly and approval by the Secretary of State, to the Illinois Department of Human Services for the purposes of grants for research, education, and awareness regarding autism and -- autism spectrum disorders. The bill also creates Autism Awareness Fund as a special fund in the State treasury, and I would ask for your Aye vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Once again, Ladies and Gentlemen… Senator Rutherford, for what purpose do you rise?

Dan Rutherford (R)

Just to make a comment. If all of these specialty plate bills pass that have been introduced, Illinois - and I got this because the Springfield Journal-Register called me to ask about it - we will have eighty-plus new specialty plates in the State of Illinois. It’s a good number. And to Senator -- or to Senator Delgado, I respect gratefully you as a person and your sponsorship and particularly the underlying cause, but I intend to probably be the only red No -- red one up there for lots of good and right reasons for safety on -- on the roads.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you for the comment. Ladies and Gentlemen, the question is, shall House Bill 2808 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 166 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 wish? Mr. Secretary, please take the record. On that question, there are 56 Ayes, 3 voting Nay, 0 voting Present. House Bill 2808, having received the required constitutional majority, is declared passed. House Bill 3091. Senator Hultgren. Out of the record. House Bill 3383. Senator Link, on 3383, sir. Mr. Secretary, he indicates he wishes to proceed. Please read the bill.

Scott Kaiser

House Bill 3383. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

Terry Link (D)

Thank you, Mr. President. This bill establishes the uniform limit on the amount per day a renter of a vehicle may be charged for collision -- collision damage waivers. The bill establishes a ceiling of twelve dollars and fifty cents per full or partial twenty-four-hour rental period for all rental vehicles without regard to the -- value of the vehicle. I’ll be more than happy to answer any questions.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 3383 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 59 Ayes, 0 voting Nay, 0 voting Present. House Bill 3383, having received the required constitutional majority, is declared 167 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 passed. Senator Dillard, on House Bill 3395, sir. Senator Kirk Dillard. Out of the record. Senator John Cullerton, on 3434. Senator John Cullerton. Indicates he wishes to proceed. Mr. Secretary, read the bill, sir.

Scott Kaiser

House Bill 3434. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

John J. Cullerton (D)

Yes. Thank you, Mr. President, Members of the Senate. This bill is pretty simple. It requires the Department of Revenue to conduct a study. What we want to do is determine whether or not it’s feasible for each county to include, on the property tax bills - each individual tax bill - information concerning any TIF districts that affect the taxpayer. So it’s -- it’s really just a study to see whether it’s feasible to put this information on the tax bill and ask for the Department to give a report back to the General Assembly by April 1st of next year.

James A. DeLeo (D)

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

Chris Lauzen (R)

Thank -- thank you, Mr. President. First of all, I -- I commend the sponsor. I think this is a great idea. It passed out of Revenue Committee unanimously. I am curious about one thing. In the House, there was -- there was a vote on this like there was some kind of controversy, and I -- I don’t understand 168 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 that controversy. I was just wondering if you know why there was opposition in the House vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

John J. Cullerton (D)

Senator, I -- I did notice that vote and the House sponsor didn’t mention it to me, so I have no idea. It must have been, you know, unrelated. Over in the House you never know, they get -- sometimes they get a little caught up in side agendas that may have diverted their attention from the benefits of this bill. I don’t know.

James A. DeLeo (D)

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

John J. Cullerton (D)

I did.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Close again, sir.

John J. Cullerton (D)

I’d like to close this deal by asking you to please vote Yes.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 3434 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 3434, having received the required constitutional majority, is declared passed. Senator Harmon, on 3490, sir. Senator Harmon. Out of 169 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 the record. Senator Haine. Senator Haine, on 3512, sir. Senator Haine, on 3512. Out of the record, Madam Secretary. Leader Watson, on 3586, sir. Out of the record. Senator Harmon, on 3588, sir. Senator Don Harmon, on 3588, sir. Out of the record. Senator Kotowski. Senator Kotowski, on 3618, sir. Out of the record. Senator Link, on 3649. Gentleman indicates he wishes to proceed. Madam Secretary, please read the bill.

Deborah Shipley

House Bill 3649. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

Terry Link (D)

Thank you, Mr. President. This amends the Pull Tab and Jar Games Act and the Bingo License and Tax Act and the Charitable Games Act. I know of no opposition. Be more than happy to answer any questions.

James A. DeLeo (D)

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

Dale A. Righter (R)

Will the sponsor yield, please, Mr. President?

James A. DeLeo (D)

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

Dale A. Righter (R)

Senator Link, can you explain what, if any, substantive changes are in the bill? I mean, for those Members who make it a point to oppose any expansions of gaming whatsoever, are there 170 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 any substantive changes in the bill?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.

Terry Link (D)

Trust me, there is no expansion of gaming whatsoever in this bill. This is clarifying as far as the time amount of getting the license for like a bingo game or pull tabs or raffles in which that charitable organizations may need. That’s basically what this does. There will be no expansion.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, seeing no further discussion, the question is, shall House Bill 3649 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 Ayes, 2 voting Nay, 0 voting Present. House Bill 3649, having received the required constitutional majority, is declared passed. House Bill 3658. Senator Viverito, do you wish to proceed, sir? He indicates in the negative. Madam Secretary, out of the record. Senator Sullivan. Senator John Sullivan, on 3667, sir. Out of the record. Ladies and Gentlemen, we will turn our Calendars to page 46. On the top of page 46 is House Bill 3678. Senator Althoff. Senator Pam Althoff, on 3678. Out of the record. Senator Sieben, on 3721. House Bill 3721. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, I believe this will be a recall. I -- Senator Sieben is going to seek leave of the Body to return House Bill 3721 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? 171 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Todd Sieben (R)

Mr. President, I believe we added the amendment last week.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, the -- the -- the amendment was adopted. It -- it is on the bill. So now we’ll have on the Order of 3rd Reading comes House Bill 3721. Madam Secretary, the gentleman indicates he wishes to proceed. Please read the bill.

Deborah Shipley

House Bill 3721. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

Todd Sieben (R)

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This legislation amends the Wildlife Code and makes it permissible for someone age sixty-two or above to hunt deer in this State with a crossbow. That’s all it does. The amendment raised the age from sixty to sixty-two. Made it consistent with the Senate bill that we passed several weeks ago. So both the House and Senate bill do the same thing.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 3721 pass. All those in favor, vote Aye. All those opposed will vote -- vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. 172 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 House Bill 3721, having received the required constitutional majority, is declared passed. Senator Althoff, on 3728, ma’am. House Bill 3728. Senator Althoff. Out of the record, Madam Secretary. Senator Viverito, on 3729, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.

Deborah Shipley

House Bill 3729. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Viverito, to the bill, sir.

Louis S. Viverito (D)

Thank you, Mr. President. This particular bill, House Bill 3729, will provide a statute provision to allow licensed Illinois professional engineers and environmental health practitioners to design and integrate these technologies in their systems and designs, to approve them on site. This bill is supported by the Home Builders’ Association, the Northern Illinois Public Health Administrators and the Illinois Department of Public Health. I would hope that you would use a lot of wisdom on this bill. I think it’s something that will move us forward and relieve a lot of the technicalities that are out there. Thank you very much.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, is there any discussion? Is there any discussion? Seeing no discussion, the question is, shall House Bill 3729 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted 173 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 52 Ayes, 1 voting Nay, 0 voting Present. House Bill 3729, having received the required constitutional majority, is declared passed. Senator Hendon in the Chair.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Ladies and Gentlemen of the Senate, we have two more bills, then we’re going to Resolutions and get out of here. Just by way of announcement, Madigan’s mushrooms have adjourned and they sent word over here that they’re beating us to the field. Okay, so straight down Sixth to Lincoln Avenue. They have already adjourned. They are very serious about this game tomorrow. So let’s -- let’s handle this and -- and get out of here so we can get ready for them. Okay. House Bill 3730. Senator Murphy. Madam Secretary, read the bill.

Deborah Shipley

House Bill 3730. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.

Matt Murphy (R)

Thank you, Mr. President. This -- this bill came over from the House, 91 votes. What it -- what it does is expressly includes teachers in school authorities who are already entitled to search book bags and lockers. This is necessary to keep us in step with federal legislation that could potentially strip us of federal funding for any school district that doesn’t expressly allow their teachers to do so. I would urge an Aye vote. 174 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Garrett.

Susan Garrett (D)

I have a question for the sponsor.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He will yield. Senator Garrett.

Susan Garrett (D)

Senator Murphy, in committee I think we went through -- you did amend this and you made it much more palatable. Is that correct?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.

Matt Murphy (R)

I did amend it. I hope you think it was more palatable. Actually, I know you thought it was more palatable because I asked you and you gave it the thumbs-up.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Yeah, I just want to thank the sponsor. The bill was much too broad and he was able to put in more of a definition that satisfied many of us on the Education Committee. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) …discussion? Seeing none, the question is, shall House Bill 3730 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 58 voting Aye, none voting Nay, 1 voting Present. House Bill 3730, having received the required 175 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 constitutional majority, is declared passed. With leave of the Body, we’re going to return to page -- turn to page 44 of your Calendar. Senate Bill 1947. I mean House Bill 1947. Senator DeLeo seeks leave of the Body to return House Bill 1947 for the - - to the Order of 2nd Reading for the purpose of amendment. Is leave granted? Leave is granted. Now on the Order of 2nd Reading is House Bill 1947. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 4, offered by Senator DeLeo.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 4 to House Bill 1947 just removes the cap on complimentary tickets to charities and giveaways. I ask for the adoption and I’d like to explain the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, Senator DeLeo moves adoption of Amendment No. 4 to House Bill 1947. 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?

Deborah Shipley

No further amendments reported, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading -- we’ll come back to it. So, we going to stay on 3rd Reading. Well, Senator, 176 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 we’ve been holding ‘em after adopting amendments all day, so we’re going to do the same with yours. Secretary’s Desk, Resolutions. Starting with House Joint Resolution 19. On page 51 on your Calendar is Order of Secretary’s Desk, Resolutions. Senator Hunter, do you wish the resolution considered? Madam Secretary, please read the resolution.

Deborah Shipley

House Joint Resolution 19, offered by Senator Hunter. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

Mattie Hunter (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Joint Resolution 19 designates part of Interstate Route 90 of the National System of Interstate and Defense Highways, which is in the State of Illinois between the intersections of Interstate Route 294 and -- and the State line with Wisconsin, as Jane Addams Memorial Tollway. I know of no competition and I ask for a favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? 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 House Joint Resolution 19 will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Joint Resolution 19, having received the required constitutional majority, is adopted. House Joint Resolution 26. 177 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Senator Munoz. Madam -- Madam Secretary, please read the resolution.

Deborah Shipley

House Joint Resolution 26. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Munoz.

Antonio Munoz (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Joint Resolution 26 urges the Illinois Congressional delegation to reauthorize State Children’s Health Insurance Program, the SCHIP, to ensure federal funding for the All Kids Program. In Illinois, we rely on the SCHIP funding to help provide health care coverage for a hundred and sixty thousand children. These funds are indispensable. For Illinois to continue receiving this critical funding, Congress needs to reauthorize the SCHIP program by September of this year. The Program is currently set to sunset in August of ’07. The children served by the SCHIP are targeted low-income children who are uninsured and ineligible for medical aid under federal rules. Please join me in helping to ensure these children continue to have health care by voting for House Joint Resolution 26 and letting our members of Congress know that this is important to our State.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Munoz moves the adoption of House Joint Resolution 26. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. House Joint Resolution 27. Senator 178 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Hunter. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 27. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) I’m sorry. Senator Peterson, for what purpose do you seek recognition?

William E. Peterson (R)

Thank you, Mr. President. I request a roll call on this House Joint Resolution.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Okay. Senator Hunter, on your resolution.

Mattie Hunter (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Joint Resolution urges the Illinois Congressional delegation in the United States Congress to support measures to repeal the Real ID Act of 2005. It resolves that the Illinois General Assembly supports the government of the United States in its campaign against terrorism and affirms the commitment of the United States that the campaign not be waged at the expense of essential civil rights and liberties of citizens of this country that are protected in the United States Constitution and the Bill of Rights. It also resolves that Members of the Illinois General Assembly oppose any portion of the Real ID Act that violates the rights and liberties guaranteed under the Illinois Constitution of {sic} the United States, including the Bill of Rights.

Rickey R. Hendon (D)

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

John J. Millner (R)

179 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Thank you, Mr. President, Members of the Senate. I’d like you to think very carefully before you vote on this because there was -- people alluded to the fact that you’d have to like carry papers now or you’d have to have this identification, that police officers can check your ID. That’s not the truth. All it does, it makes sure that the identification that you do have is an accurate piece of identification. We know that when the terrorists got on those airplanes, we know where they got those - - their licenses. Florida was one of the states. There, all you have to do is present one piece of identification, they take your photograph and you have a driver’s license. We don’t want to allow any more terrorists on the planes. All this does is say that the identification that we do have is an accurate piece of identification. There’s enough information that they have to obtain before you can get that. Your photograph is taken. It’s -- it’s taken in such a manner that it can’t be -- you can’t take it in Florida, you can’t take it in South Carolina. You have one piece of identification. That’s all you can have. I urge you to look at this resolution and -- and please consider voting No, because this thing is really about security of our country and the Real ID is something that we need. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter, to close.

Mattie Hunter (D)

At least thirty -- thirty-one other states have introduced resolutions calling for Congress to either -- to either repeal or revisit Real ID. And Congress responded with the introduced bipartisan Identification Security Enhancement Act, which repeals Real ID and it basically restores the Intelligence Reform and 180 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 Terrorism Prevention Act of 2004 that allows for federal/state cooperation in securing all driver’s licenses and ID cards. The Secretary of State here in the State of Illinois also is in support of this piece of legislation, because they feel as though it’s going to cost them millions of dollars to implement. And I ask for a favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Peterson has requested a roll call, so a roll call must be taken. All those in favor of House Joint Resolution 27 will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 33 voting Aye, 23 voting Nay. House Joint Resolution, having received the required constitutional majority, is declared passed. House Joint Resolution 27, having received the required constitutional majority, is declared passed. House Joint Resolution 30. Senator Bond. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 30. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.

Michael Bond (D)

…Mr. President. HJR 30 establishes the Gold Star Family Week. The tradition of the gold star goes back to World War I in which families would display a banner with a blue star in the window to signify that they had a member of the family serving in the military. When that loved one was lost in service to the United States, a gold star was placed over the blue, signifying 181 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 that their loved one was lost. The last Sunday of September, the President of the United States has declared national Gold Star Mothers’ Day. This is the day that we honor all of the mothers who have lost a son or daughter in service to the United States. The idea behind this resolution is in addition to honoring those mothers on this day, but to honor the entire family of the service members who have lost their life in service to the United States from Illinois. The week that would be starting would be the six days following Gold Star Mother’s Day. I ask for the support of the Body.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Bond moves adoption of House Joint Resolution 30. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. House Joint Resolution 30 is adopted. House Joint Resolution 47. Senator -- Clayborne. House Joint Resolution 47. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 47. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you. Thank you, Mr. President and Members of the Senate. House Joint Resolution 47 is recognition of the achievements of the members of Kappa Alpha Psi Fraternity and the values of which they strive. Proclaims Wednesday, April 18, 2007, as the First Annual Kappa Alpha -- Kappa Alpha Psi Day in the State of Illinois. 182 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Clayborne moves adoption of House Joint Resolution 47. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and House Joint Resolution 47 is adopted. Softball practice, Lincoln Park, straight down Sixth Street, 5 o’clock. We’re going form 5 o’clock to 5:55. You can -- you deserve to give your team, the Senate at least forty-five/fifty minutes of your -- or your time. Let’s come on out to practice. Madam Secretary, Messages.

Deborah Shipley

A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill with the -- of the following title, to wit: Senate Bill 6, together with the following amendment -- amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 1 to Senate Bill 6 and House Amendment No. 2 to Senate Bill 6. We’ve received like Messages on Senate Bill 88, with House Amendment No. 1; House Bill 157 with…(microphone malfunction)…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) That’s how Righter’s going to be hitting that ball tomorrow. Deb Shipley in the Chair. Oh, just -- just kidding. Madam Secretary, please continue.

Deborah Shipley

Senate Bill 157, with House Amendments No. 1 and 2; Senate Bill 214, with House Amendments 1 and 2; Senate Bill 249, with 183 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/22/2007 House Amendments {sic} No. 1; Senate Bill 263, with House Amendment No. 1; Senate Bill 300, with House Amendments 1 and 2; and Senate Bill 305, with House Amendment No. 1. All which passed the House, as amended, May 22nd, -- 2007. Mark Mahoney, Clerk of the House.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m., tomorrow, May 23rd, 2007. The Senate stands adjourned. 184