Illinois Senate Floor Debate — May 24, 2007

PRESIDING OFFICER: (SENATOR DeLEO) …(microphone disengaged)… Pastor Olson.

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

(Pledge of Allegiance, led by Senator Maloney)

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

PRESIDING OFFICER: (SENATOR DeLEO) Good afternoon, Senator Hunter.

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

PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Hunter moves to approval the Journals just read by the Secretary. There being no objection, so ordered. Illinois Information Services seek leave of the Body to videotape the proceedings. Seeing no objection, leave is granted. For purposes of announcement, have all Members within the sound of my voice please come to the Senate Floor. We will be going to the Order of 3rd Reading, final passage. So I’d ask all Members, please come to the Senate Floor immediately. We 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 will be going to the Order of 3rd Reading final passage. Madam Secretary, Resolutions, please.

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, death resolutions, Consent Calendar, please.

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Messages, please.

PRESIDING OFFICER: (SENATOR DeLEO) 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Madam Secretary, communications, please.

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Dahl, for what purpose you seeking recognition, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Would our guests from Ottawa, Illinois, please rise and be recognized? And welcome to the Illinois State Senate. Welcome to Springfield. Welcome. Senator -- Senator, did you tell -- Senator Dahl, did you tell your honorary Page for the Day the tips are better on this side? Senator Althoff, for what purpose do you seek recognition, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Will our guests rise and be recognized? Welcome to the Illinois State Senate. Senator Lauzen, for what purpose do you rise, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests from Huntley please rise and be recognized? Welcome to Springfield. Welcome to Illinois State Senate. Senator Radogno, for what purpose do you seek recognition, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your inquiry, Senator.

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, do we have any motions on file, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) They’ll be -- Madam Secretary will have them printed on the Calendar. Senator Haine, for what purpose do you seek recognition, sir?

Mr. President, a point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) …privilege -- for a point of personal privilege, sir. Please go ahead.

Thank you. I wish to introduce to the distinguished Members of the Senate three individuals from my district, three citizens. Doris Johnassee, Harry Johnassee and Tom Caffey, here to observe the workings of the Illinois Senate and the Illinois House and to lobby us for their interests as citizens. Ladies and Gentlemen of the Senate, if they would stand and be recognized by the Members of the Senate.

PRESIDING OFFICER: (SENATOR DeLEO) Would our guests please rise and be recognized by the 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Illinois State Senate. Senator Dillard, how are you today, sir?

PRESIDING OFFICER: (SENATOR DeLEO) For what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you for your remarks, Senator. Ladies and Gentlemen, NewsChannel 20 ABC here in Springfield seeking leave of the Body to videotape the proceedings. Hearing no objection, leave is granted. Ladies and Gentlemen, I’d ask -- Senator Wilhelmi, for what purpose do you seek recognition, sir?

11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Thank you, Mr. President. For a point of personal privilege.

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

Thank you, Mr. President. I’m very honored to have my legal assistant here, up in the President’s Gallery behind you with her husband, Ron. She is a delight to work with and she’s here to visit to see what we do in the Illinois Senate. I’d like to give her and her husband, Ron, a warm welcome.

PRESIDING OFFICER: (SENATOR DeLEO) …our guests please rise and be recognized. Welcome to the Illinois State Senate. Okay, Ladies and Gentlemen, it’s time to go to work. I’d ask you to turn -- before we go to work, Senator Righter, for what purpose do you rise, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. The record will so reflect.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Sullivan, for what purpose do you rise, sir? 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

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

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

I have some guests with me here today. My wife, Joan, is - - is here somewhere back in the back over here. And my son, Matthew, is sitting here beside me and his friend, Carla. I’d like to -- everybody to welcome them to the -- to the Senate and then I have another announcement also.

PRESIDING OFFICER: (SENATOR DeLEO) …you. Would -- would the Sullivan family and extended family please rise and be recognized? Welcome to the Illinois State Senate. Welcome to Springfield. Senator Sullivan.

Also, I just want to take a second to -- to thank my Legislative assistant for the last four years. Liz Moody is taking another position, is going to be moving on. We came into this Chamber together. We were both very green, but very ambitious. We’ve worked well together. She, of course, as -- as all of you know, our -- our staff is what make us look good. And Liz has -- Liz has done that very well for the last four and a half years. We have cake and refreshments up in my office in Room 417. We’d like everybody to come up and wish her well in her future and I certainly would like to wish her well in -- in her future endeavors. She’s on the Floor back here. Liz, if you would stand.

PRESIDING OFFICER: (SENATOR DeLEO) Liz, please rise and be recognized by the Senate. 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Congratulations. Congratulations on a job well done. Senator Link, for what purpose you rise, sir?

Thank you, Mr. President. Just an announcement. Senator Silverstein will be absent today due to religious reasons.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Senator. The record will so indicate. Okay. Ladies and Gentlemen, let’s try this one more time. Let’s go to Senate Bills 3rd Reading. Page 2 of your Calendar. For purposes of an announcement, we’ll be going to Senate Bills 3rd Reading. We will be going to bills that recent amendments have just been out of committee. We’ll adopt the amendment and proceed on the bill. So we’ll be going only to those amendments -- bills that have amendments pending on the Floor. Having said that, we’ll go to Senate Bills 3rd Reading on the page 3 of your Calendar. On page 3 of your Calendar. Senate Bill 100. Senator John Cullerton. Senator Cullerton seeks leave of the Body to return Senate Bill 100 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 100. Madam Secretary, has there been any amendments approved for consideration?

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

Thank you, Mr. President, Members of the Senate. This is a bill that comes from the CLEAR Commission, which is a commission 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 that Senator Dillard and I serve on, which is rewriting the Criminal Code. This particular aspect of the rewrite is to recodify the sentencing provisions of the Code of Corrections. Does not make any substantive changes, but -- recodifies them and puts them in a different order. And it does codify some Illinois Supreme Court decisions that control the implementation and the effect of these provisions. The purpose is to make the sentencing provisions easier for judges and attorneys and -- to understand and to reduce the number of resentencing hearings caused by improper dispositions. No opposition. Move for its adoption.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Cullerton moves the adoption to Floor Amendment No. 3 to Senate Bill 100. Those in favor will say Aye. Those opposed will say Nay. And the Ayes have it. The amendment’s adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 100. Senator Cullerton, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to the -- to the bill, sir. 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Yes. Thank you, Mr. President. I just explained the amendment, which becomes the bill. This is -- the CLEAR Commission is made up of people interested in criminal law from throughout the entire State of Illinois, including State’s attorneys from throughout the State, Joe Birkett, Lisa Madigan as the Attorney General is involved, the State’s Attorney of Cook County, the Public Defenders in Cook County, Fraternal Order of -- Police, every -- everybody involved in criminal law. It’s a very significant change, but yet at the same time, there’s no substantive provisions. But it’s important because now it’ll be much easier for all the judges and the attorneys to deal with Criminal Code to understand the -- the sentencing provisions. It’s been very convoluted, hard to follow. It’s resulted in resentencing hearings. This addresses the issue. Be happy to answer any questions and ask for an Aye vote.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Ladies and Gentlemen, the question is, shall House Bill 100 -- excuse me. Senate Bill - correction - Senate Bill 100 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 100, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, I’ve asked you to turn your Calendars to page 7. Page 7 of your Calendar. In the middle of page 7, we will go to Senate Bill 773. Senator Demuzio. I’m sorry. Senator Lightford is seeking to return this bill for the purpose of an amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 773. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Lightford, to explain your amendment, ma’am.

Thank you, Mr. President, Ladies and Gentlemen of the Committee. Floor Amendment No. 1 to Senate Bill 773, it creates the Council on Responsible Fatherhood Act of 2007. It’s an Act that we put together a few years ago that will promote fatherhood initiatives, aimed at keeping families together through awareness and assistance. We’ve built upon that and we 17  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 now have the Department of Human Services very active. We’re trying to look at all of our State rules and regulations and see how we can best provide both family members -- the best that we can to provide for their children, when parents -- fathers are missing from the household. I’d be happy to answer questions.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Lightford moves the adoption of Floor Amendment No. 1 to Senate Bill 773. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment’s adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 773. Senator Lightford, do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, please read the bill.

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

Thank you, Mr. President. The amendment became the bill. I’d be happy to answer questions. I ask for an Aye vote. 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, seeing no discussion, the question is, shall Senate Bill 773 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 773, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 775. Senator Hunter, do… Okay. Ladies and Gentlemen, Senate Bill 773. Senator Hunter will seek leave of the -- correction. Let the board indicate the change. Madam Secretary, let the board show Senate Bill 775. Senator Hunter will seek leave of the Body to return 775 to the Order of 2nd Reading for the purpose of amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 775. Madam Secretary, has there been -- any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) …you, Madam Secretary. Senator Hunter, to explain the amendment, ma’am.

Thank you, Mr. President. Floor Amendment 2 keeps the underlining {sic} bill and makes changes. First it stipulates that fifty percent of all grants created from the Ticket for the Cure Grant Fund must go to community-based organizations. There’s a definition that defines community-based organizations 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 and it changes the number of board members, and I ask…

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, Senator Hunter moves the adoption of Floor Amendment No. 1 to Senate Bill 775. Seeing no discussion, all those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

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

…basically keeps the bill -- the -- makes the bill -- the underlining {sic} bill and it makes the appropriate changes. The oversight for the Ticket for the Cure Fund is transferred from the Department of Human -- from the -- from the Department of Public Health to the Department of Human Services. And I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no discussion, Senator Hunter moves the adoption of Floor Amendment No. 2 to Senate Bill 775. Those in favor will say Aye. Those opposed will say Nay. The Ayes have it. The amendment’s adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. 3rd Reading. Now on the Order 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 of 3rd Reading is Senate Bill 775. Senator Hunter, do you wish to proceed, ma’am? She indicates she wishes to proceed. Madam Secretary, read the bill.

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

I just ask for a favorable vote, Mr. President.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter.

We’re making the changes, Senate -- Senator, because there were some problems with appropriately implementing this program in the Department of Public Health and there were also some -- 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 some problems dealing with the type of grants that were given out. They were -- grants were supposed to have been focusing -- some of the grants were supposed to have been focusing on community-based organizations in designated community areas throughout the State and that did not happen.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter.

That was one of the problems, Senator. There was another problem in that when we first drafted the legislation, we did not stagger the terms of office and this bill also corrects that situation as well.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter.

No, he does not have the same number. And the reason why 22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 is because we needed an odd number that made up this advisory board. In the original legislation that was drafted it was simply an even number. So, we always need an odd number to break ties.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter.

No, I cannot, Senator. However -- however, it is always important that as we continue to create advisory boards, we should always have an even -- an odd number, as opposed to an even number to allow for absenteeism.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno.

And -- and to break ties.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno.

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

Thank you, Mr. President. This is a wonderful bill. The majority of you voted for this bill in 2005 to address the issues of breast cancer. The purpose of having amendments is to correct issues that we’ve identified that we did not identify beforehand. And, it also addresses new issues that come up after legislation has been passed. I ask that everyone on this Floor vote for this bill. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 775 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 43 Ayes, 13 Nays, 1 voting Present. Senate Bill 775, having received the required constitutional majority, is declared passed. I’d ask you to turn your Calendars. Continuing on Senate Bills 3rd Reading, I’d ask you to go to page 9 of your Calendar. Hold on one moment. We have a little technical 24  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 problem. Page 9 of your Calendar. We just ask the Body to stand at ease for just a moment. We have a technical problem with the board. Just stand at ease for just one second while our technicians check out our technical problem. (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary. Okay. Will the Senate come back to order, please? The Senate come to order. Okay. Ladies and Gentlemen, fortunately we -- our technical difficulties -- our board is back up and running. We will continue on Senate Bills 3rd Reading. We’ll go to page 9. We’ll go to page 9 of your Calendar. Senate Bills 3rd Reading. Page 9. On the top of page 9 is Senate Bill 796. Senate Bill 796. Senator John Cullerton. Leave of the Body we will come back to that. Senate Bill 797. Senator Demuzio. Senator Demuzio seeks leave of the Body to return Senate Bill 797 back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 797. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Demuzio, to explain your amendment, ma’am.

Yes. Thank you, Mr. President. Floor Amendment No. 1 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 actually be -- creates an income tax checkoff and it really becomes the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Jacobs, on -- any discussion? Seeing no discussion, Senator Demuzio moves the adoption of -- Floor Amendment No. 1 to Senate Bill 797. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now, on the Order of 3rd Reading is Senate Bill 797. Senator Demuzio, you wish to proceed? She indicates she wishes to proceed. Madam Secretary, read the bill.

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

Thank you very much, Mr. President. Floor Amendment No. 1, as I indicated, amends the State Finance Act regarding the Auto- immune Disease Research Fund and an income tax checkoff. Senate Bill 797 creates an income tax checkoff for the Autoimmune Disease Research Fund and limits the number of tax checkoff 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 funds on any individual tax return form to fifteen. Department of Revenue is a proponent on this, and I ask for a favorable vote.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay. Ladies and Gentlemen, the question is, shall Senate Bill 797 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 797, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading… Senator Jacobs, for what purpose do you seek recognition, sir?

Point of personal privilege, Mr. President.

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

Like a lot of Illinois residents, I wake up in the morning and I read the paper. And this morning I read in the paper that the State is going to spend four hundred and fifty thousand 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 dollars to study -- prison systems -- to decide what -- what repairs need to be made. I would just like to remind Department of Corrections that I have a hundred-and-forty-million-dollar prison, sixteen hundred beds that was built in 2001 that stands nearly empty. And I would hope the Department of Corrections would use the money to open that prison, rather than studying -- a study to see if we need to open the prison or whatever they’re trying to do here.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Okay. Ladies and Gentlemen, let’s go back to Senate Bills 3rd Reading. On the top of page 11 of your Calendar is Senate Bill 833. Senator Noland, on Senate Bill 833, sir. He’s seeking -- Senator Noland’s seeking leave of the Body to return Senate Bill 833 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 833. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Noland, on Floor Amendment No. 1. To the bill, sir.

Thank you, Mr. President. Floor Amendment No. 1 to -- to Senate Bill 833 simply appoints, after the bill is enacted, no more than three of the five commissioners of the Fox River Water Reclamation District may be of the same political party. It also, through this enactment, sets term limits -- consecutive 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 term limits for the Fox River Water Reclamation District. I ask for its unanimous approval. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Noland moves the adoption of Floor Amendment No. 1 to Senate Bill 833. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 833. Senator Noland, you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.

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

Yes. Thank you, Mr. President. Stating once again that this bill just simply allows for the appointment, after the bill is enacted, for no more than three members -- three of the five commissioners of the Fox River Water Reclamation District being of the same political party. It also sets consecutive term limits for the Fox River Water Reclamation District. I ask for an Aye vote. 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland.

I am not aware of any. But, at the same time, there are no other water reclamation districts that allow for five commissioners or board members to be of the same political party either.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Althoff.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland.

It’s because we attempted that through a non-legislative means, but that was not effective. And in order to give the 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 effect of the election last November its true meaning and effect and to countermand the effect of the appointments that my predecessor made in the waning hours of the election - that is in December of 2006 - it is necessary to put term limits, or consecutive term limits, in place. But I would say these are consecutive term limits. These individuals might come back for consideration at another time.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Althoff.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland.

…you. Thank you, Mr. President. Upon the signing of the Governor. Passage and then enactment by way of the Governor’s signature.

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

PRESIDING OFFICER: (SENATOR DeLEO) 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Senator Lauzen, were you asking the gentleman to yield for a question?

PRESIDING OFFICER: (SENATOR DeLEO) Gentleman will yield for a question. Senator Noland.

Thank you, Mr. President. To respond directly, I am not certain whether or not any other water reclamation district in the State does this. I can tell you that it is not imperative that the two individuals that may end up having to resign their positions would not be coming back at another time.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland.

Yes. Let me repeat. Yes.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen. 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

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

I rise in strong support of the sponsor. And, obviously, most of us realize on most governing boards you must have a two- party system. To have one party representing the entire board is not in the best interest, whether it be statewide, whether it be countywide, whether it be a park district, a sanitary district, whatever it may be. Most of the boards are, in fact, of Republicans and Democrats and Independent, not just one party to be the dominant party, but to be fair and equitable to the public. And I certainly commend the Senator for trying to straighten this condition out. And I’m not playing politics, I’m playing strictly for the people of the State of Illinois. And I commend this sponsor on what he’s trying to do and I hope 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 there’s going to be a -- a Yes vote on both sides of the aisle. Thank you.

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

Thank you, Mr. President. And, to follow up on some of the comments made by my esteemed colleague from the Kane County area. You know, my predecessor, in the waning hours of the election following the election of 2006, after we had won and the people had spoken and had asked for a change, not only in the Senate seat, but also in any of those seats and offices that may be affected by the person who holds that seat, to then reappoint four members of his party, and then to have other members of his party come back and ask for an appointment of the fifth member to maintain full control over that board in our district, was an -- an exercise of muscle, political muscle that was over the top. All I am asking for, and all I am saying here, is that we need to, in a very measured and tempered way, undo something that was -- unfair. That to delay the appointment of these two individuals who may happen to be of an opposing political ideology or party or having a difference of opinion - to delay their appointment is to delay justice. And, justice delayed is justice denied. I urge a Yes vote on both sides of the aisle. Thank you very much.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 833 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Secretary, take the record. On that question, there are 34 Ayes, 19 Nays, 0 voting Present. Senate Bill 833, having received the required constitutional majority, is declared passed. Senator Trotter, for what purpose do you seek recognition? Senator Trotter.

Thank you very much, Mr. President, Members of the Senate. Point of personal privilege.

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

Thank you very much. Want to -- the Body to acknowledge that we have a former Member, presently a school teacher out in the Evanston District, Jeff Schoenberg, who’s joined us with his class.

PRESIDING OFFICER: (SENATOR DeLEO) Teacher Schoenberg, please rise and be recognized and your guests please rise. All -- all the children, please rise and be recognized and welcome to Springfield. Senator Clayborne, for what purpose you seek recognition, sir?

A point of personal privilege.

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

In the President’s Gallery behind you, I have members from -- constituents from my district, Wanda Clayton, Esther Crossland and June Ramano. I’d like -- like for the Senate to recognize them. 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR DeLEO) Guests please rise and be recognized and welcome to the Illinois State Senate. Welcome to Springfield. Ladies and Gentlemen, with leave of the Body, we’ll ask you to go -- return your Calendar to page 9. Page 9. On the top of page 9 is Senate Bill 3rd Reading. Senate Bill 796. Senator Cullerton. Senator John Cullerton. And Senator Cullerton will seek leave of this Body to return Senate Bill 796 to the Order of 2nd Reading for the purpose of amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 796. Madam Secretary, has there been any amendments approved for consideration?

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

Thank you, Mr. President, Members of the Senate. This is an amendment that creates an income tax checkoff for the Lung Cancer Research Fund. Move for its adoption.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Seeing no discussion, Senator Cullerton moves the adoption of Floor Amendment No. 1 to Senate Bill 796. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment’s adopted. Madam Secretary, has there been any further amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 796. Senator Cullerton, you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the bill.

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

Thank you, Mr. President, Members of the Senate. This actually was a -- House Bill 2472 that passed the House, but didn’t come over in time to be considered, and so this is a amendment to a Senate bill to send back to the House. The -- the bill, basically, sets -- creates a tax checkoff for the Lung Cancer Research Fund. It’s interesting that lung cancer -- actually there’s much less research done for lung cancer, as compared to breast cancer or prostate cancer or colon cancer. And, yet, it -- it’s also a cancer that has a very low five-year survival rate, compared to those other cancers. So there’s a need for the research. And many people in Illinois are dying from lung cancer, about seven thousand people a year. I think it’s a very good idea and would ask for an Aye vote.

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

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the -- the question is -- Senator Hendon, are you seeking recognition, sir?

Mr. Chairman, I apologize, but I -- I had to get up. Did Senator Lauzen say he’s for something? Oh, my God! It must be in trouble. I’m -- I was just joking, Senator Lauzen. You’re my friend. You’re for it, I’m voting for it. But every now and then we need to break up the, you know, okay.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 796 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 796, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we’ll go back to page 11 of your Calendar. We will go to Senate Bills 3rd Reading. Senate Bill 834. Senator Halvorson. Senator Halvorson is going to seek leave of the Body to return Senate Bill 834 for the purpose of an amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 834. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Leader Halvorson, to explain your amendment, ma’am.

Thank you, Mr. President, Members of the Senate. House -- or, the Floor Amendment No. 1 to Senate Bill 834 amends the Illinois Municipal Code and the Fire Protection District Act, regarding non-certified firefighters. If we adopt the amendment, I’d like to discuss it on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the amendment? Is there any discussion? Seeing no discussion, Senator Halvorson moves the adoption of Floor Amendment No. 1 to Senate Bill 834. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it and the amendment is adopted. Madam Secretary, is there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 834. Senator Halvorson, do you wish to proceed, ma’am? She indicates she wishes to proceed. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Halvorson, to the bill, ma’am. 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Thank you. As was said, this amends the Illinois Municipal Code and the Fire Protection District. Senate Bill 834 requires -- firefighters substituting for certified members of a fire department to qualify for regular appointment in a particular jurisdiction. It has no way -- it has -- does not prohibit the use of part-time, paid on-call or volunteer -- employees as firefighters. All it’s saying that it’s a permissive part of the collective bargaining, that the firefighters have the right to say that if they aren’t going to be working one day, that someone qualified should be taking their place. It’s a matter of safety, that we make sure that the person who is filling in for a firefighter is actually certified. The certification is not done on a State level. The certification is done on the local municipal level. So they’re the ones that set the standards. All we’re saying is that whatever those standards are, that someone certified should be able to take the place. Again, I want to reiterate, this does not have any effect on the -- the -- the fire departments that have paid on call or they have volunteers, this is just where there has been certification standards set.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, Senator Halvorson, to close, ma’am.

Thank you, Mr. President. With regards to the previous speaker’s comments, there are many of the smaller downstate fire departments that have an agreement, that they aren’t fully staffed. And, so, their local agreement allows them to make the substitutions and to have volunteers. All we’re saying -- and I don’t know a person in this building that would not want someone who is capable of being a firefighter actually stepping in to be one. This is about safety. And I think that this is something that we all believe should happen. The local people -- the local -- municipalities set the standards. All we’re saying is we need to abide by them, in a case of a substitution, and that it’s mutually agreed upon. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 834 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 42 Ayes, 13 voting Nay, -- 0 voting Present. Senate Bill 834, having received the required constitutional majority, is declared passed. Senator Schoenberg, for what purpose do you seek recognition, sir?

Thank you, Mr. President. I’m rising on a point of 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 personal privilege.

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

My dear friend and colleague, Senator Trotter, was a little premature and I -- he introduced the group behind us, before they were all in the room. But I would like to take the pleasure, now, before the Body, to introduce my friends and neighbors from the Chute Middle School who are here from Evanston today. And, I will particularly note that our dear, former colleague, Senator Alice Palmer’s granddaughter, Alexis, is part of the group. So please welcome the Chute Middle School from Evanston. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Guests from Evanston, Illinois, please rise and be recognized. Will all the students from Evanston -- welcome to the Illinois State Senate. Welcome to Springfield. Okay. Ladies and Gentlemen, continuing on Senate Bills 3rd Reading, on page 11 of your Calendar comes Senate Bill 835. Senator Jacobs. Senator Jacobs is seeking leave of the Body to return Senate Bill 835 to the Order -- returning it to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 835. Mr. Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Jacobs, to the amendment, sir. 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Should I go ahead? Excuse me, Mr. President. This amendment will allow counties to hold a referendum to decide whether or not they should levy a local sales tax. A retail sale tax would not be imposed unless the local voters have approved it. The bill limits the amount of tax. The tax cannot exceed one percent. The tax will not apply to groceries, pharmaceuticals, medical supplies. The proceeds can only be used to construct schools, life safety, maintenance and land purchase, and cannot be used for salaries. This is a front-door referendum. Voters have the final vote and I’d appreciate your consideration in this matter.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the amendment? Seeing no discussion on the amendment, Senator Jacobs moves the adoption of Floor Amendment No. 1 to Senate Bill 835. All those in favor will say Aye. All those opposed will say Nay. The amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now, on the Order of 3rd Reading is Senate Bill 835. Senator Jacobs, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Jacobs, to the bill, sir.

This bill simply allows counties to raise necessary funds to repair aging schools and to make other capital improvements. Cook County exempt from this bill and -- it only affects counties outside of Cook. I’d ask for your favorable consideration.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.

Yes, Senator. We will come with a trailer bill. I give you my word, as a Senator, that I will work with communities that want to expand this. There’re some folks in Cook County who wanted to expand it, and to make sure that it doesn’t become 45  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 a problem for taxpayers as well.

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

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Burzynski, for what purpose you rise?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.

Well, we would hope that there is no shortfall, for one. Second, we’re not changing any of the -- any of the current line items to allow them to take care of their current problems. What we’re simply trying to do is allow local communities to take care of local problems. And of course, you know, local -- local voters will make the decision. And they know, at the end of the day that if things go -- don’t go as planned, that -- that they will be holding the bag. I mean, there’s no way that taxpayers can ask for a new school and not know that at some point they may be -- be responsible for funding the school. And that’s sort of the simple idea. I know it’s not perfect, but I believe it’s something. All of us, in this building, are for education. We all want to see some positive things happen in our district on school construction. And, I believe, this is one way for us to get control over our own communities and to ensure that we have the dollars available to us.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Righter, you seeking recognition, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.

No. My understanding is that a school district would come forward and say, look we have to build this school. My understanding is that they would budget out for that school funding and they would pay for the school funding. My understanding is the school would not try to be over budget. If, in fact, they were over budget, they couldn’t just say, look we’re no longer going to do this tax. Because once they impose that one-percent tax on themselves, they have to continue to pay until that bond is retired.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.

Never -- I never want to say you’re wrong, but I would say that that line currently exists in statute, life safety. And so 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 we are not expanding anything along that, because we already have the life safety. And, so, what you fear currently is already the situation.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Sandoval, for what purpose do you seek recognition, sir? 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Thank you, Mr. President. I rise in support and ask Members on both sides of the aisle to vote green on Senate Bill 835. History in regards to school construction is such, over the last four years, the State of Illinois has been negligible in regards to providing one dime. We have not provided not one cent towards building any schools or the repair and maintenance of any schools in the State of Illinois. This is an innovative, creative approach to trying to resolve that issue in many of our communities from downstate Illinois, to the suburbs, to Chicago, to upstate Illinois. We need to find creative solutions. And, since we cannot, to this very minute, find any creative solutions to providing funding for school construction, school repair or school maintenance, we, at a minimum, should allow local governments to try to raise the appropriate revenue to take care of that business that is much still needed in the State of Illinois. I ask an Aye vote.

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

I would point out that this law has proven very popular in Iowa and all ninety-seven counties have adopted this and been running this since 1998. And, Senator, they have never had a failure. So, what I’m asking -- asking you today is to vote to let your people make a decision whether this is a good -- good or bad idea. Senator, I trust the voters. I think the voters can determine if they want to increase their one-cent tax or not. And, if they don’t, I’m sure they’ll raise that issue 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 during the campaign. So, I just hope that we’d have an affirmative vote, to allow people to have an affirmative vote themselves.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay. Ladies and Gentlemen, the -- the question is, shall Senate Bill 835 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 31 Ayes, 24 Nays, 0 voting Present. Senate Bill 835, having received the required constitutional majority, is declared passed. …and Gentlemen, continuing on Senate Bills 3rd Reading is Senate Bill -- on page 11, 847. Senator Collins. Senator Jacqui Collins. The lady seeks leave of the Body to return Senate Bill 847 to the Order of 2nd Reading for a purpose of amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 847. Mr. Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) …you, Mr. Secretary. Senator Collins, to explain the amendment, ma’am.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to Senate Bill 847 amends the School Code to add the Pontian Greek Genocide to the curriculum that addresses Holocaust and genocide study. 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Is there any discussion on the amendment? Seeing no discussion, Senator Collins moves the adoption of Floor Amendment No. 1 to Senate Bill 847. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Mr. Secretary, any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 847. Senator Collins, do you wish to proceed? She indicates she wishes to proceed. Mr. Secretary, read the bill.

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

Thank you, Mr. President and, again, Ladies and Gentlemen of the Senate. I -- the genesis of this legislation, in 2005, I passed legislation requiring public elementary schools to include in its curriculum unit -- a unit of instruction studying the events of the Nazi atrocities, as well as other genocides, Armenian Genocide, the Famine-Genocide of Ukraine, the more recent genocides, Cambodia, Bosnia, Rwanda and Sudan. I had a group of Greek-Americans approach me indicating that they were 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 having difficulty to get recognition for the Pontian Greek Genocide, which they have prepared a teaching curricula for. And, so, this just adds their name to validate that the Pontian Greek Genocide really occurred. And, I would appreciate a affirmative vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Haine, are you seeking recognition, sir?

To the bill.

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

I congratulate Senator Collins for this -- the -- the addition of the -- of the Greek community to this bill. I congratulated her last Session when she brought forth the underlying bill. It’s important for the students in our schools to remember these acts. Most of ‘em are state-sponsored genocides, as this one was. It -- it -- and it -- there is an anecdote, an historical anecdote, that, in 1941, the inner circle of the Nazi party met in a suburb of Berlin to discuss the destruction of the Jewish community in Europe. And the question was posed by one of the gangsters present: What will the world think? And the response of Herr Hitler was: The world will think of nothing about it. Who now remembers the Armenians? That was the response. By this amendment and this bill, which this distinguished Senator brought forward two years ago, the people of Illinois answer Herr Hitler and his gangsters, “We remember the Armenians and we remember Jews of 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Europe. We remember the Cambodians, the Ukrainians, who suffered under Stalin’s terror.” So, I congratulate the Senator and rise in support of the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Thank you for your remarks. Further discussion? Further discussion? Senator Cronin.

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

Would the sponsor yield?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she’ll yield for a question, sir. 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Senator, in this discussion that -- Senator Haine raised a question. Are we -- in requiring this to be taught, are we going to dictate exactly what the curriculum will say or are we going to raise the issue and have the arguments be presented to the schoolchildren? I -- I would only point this out because I -- as many people might know from following world events in Turkey today, there’s a great controversy and debate as to whether or not there was an Armenian Genocide. It’s a very sensitive issue for the Turks. I’m just curious. If -- if we are -- I think, obviously, both sides, if there is a second side, should be taught, but I don’t think we in the Legislature should be telling the teachers what the outcome is. So -- so, how does the -- how is the -- the language in the amendment drafted?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton. Senator Collins.

Thank you, Senator Cullerton. This is no change of what we already have mandated. It -- and as it works now, the State Superintendent of Education prepares the materials and -- for the unit of genocidal and holocaust studies. But the local school boards have the determining nation, or have the -- the -- the decision-making capacity to determine how it is taught and what time limitations are placed on it, whether it’s just a mention or a more elongated or elaborate history class. So, the determination, the control is still with the local school boards. And, it could even qualify with just mentioning that there was a Pontian Greek Genocide. So, that would make the 56  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 discretion and the determination and the power up to the local school boards.

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

Well, I’m just looking at the actual language here. I’m just wondering, do we, in a preamble, make any judgments as to whether or not these issues have been determined? Or, is it still, in your opinion, just study the issue?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.

I have not received any pushback from any Turkish representative. But, the information I did receive from the Greek-American community -- that three hundred and fifty thousand people died between 1912 and 1923, following the fall of the Ottoman Empire, where the Turks were engaged in killing off ethnic Christians along with the Armenians. And, so, this does not in any way establish one way or the other, but it’s a matter of fact, that it’s been recorded, three hundred and fifty thousand Greeks died.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Further discussion? Seeing no further discussion, Senator Collins, to close, ma’am.

I thank my colleagues for their support. Senator Cronin and as well as Senator Haine. I think Senator Haine gave me a very good closing remark. I ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR DeLEO) 57  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 847 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 52 Ayes, 3 voting Nay, 1 voting Present. Senate Bill 847, having received the required constitutional majority, is declared passed. If I could ask the Members to turn your Calendars to page 17. Page 17 of your Calendar. We will be going to Senate Bill 3rd Reading, in the middle of the page, Senate Bill 929. Senator Ronen. Senator Carol Ronen. Senator Ronen seeks leave of the Body to return Senate Bill 929 to the Order of 2nd Reading for the purpose of amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 929. Mr. Secretary, has there been any amendments approved for consideration?

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment becomes the bill and I’d be happy to explain it and answer questions on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the amendment? Seeing no discussion, Senator Ronen moves the adoption of Floor Amendment No. 1 to Senate Bill 929. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it and the 58  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 929. Senator Ronen, do you wish to proceed, ma’am? She indicates she wishes to proceed. Mr. Secretary, read the bill.

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

Thank you, Mr. President. This bill now is identical to House Bill 980 that came over, if people are following this. The bill came too late for us to act upon, so we took the substance of that bill and it is now Senate Bill 929. It deals with the testing of HIV positive individuals - very important bill. A lot of work went into this, this last -- these last five months in the House. Representative LaShawn Ford, Representative Mary Flowers, working with lots of the different advocacy groups and our Department of Public Health. The CDC has changed their position on the issue of HIV testing, whereas before the CDC had recommended that it all be upon written request. There has been a sea change in the way we now are able to deal with the disease of AIDS and people who are HIV 59  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 infected. And the goal of the -- these new procedures are -- is to make HIV testing more routine and as a -- kind of routine part of one’s physical exam. There is no opposition to this. This is an agreed-to bill. It’s something we can do now. I mean, five years ago I might have been objecting to this because there were no medications and the -- the record was not as positive as it is now as the people are tested early and are -- are being given the drugs that they need to keep them healthy. So, I would ask all my colleagues to support this and I’d be very happy to answer any questions.

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

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Ronen.

Thank you for that question, Senator Righter. And we did speak of this in committee. We appreciate your -- your concern about that. Let me just say that this -- the bill, as drafted now, an individual can still request to be tested anonymously. And, the only instance in which an anonymous test is not done is when there’s some type of law enforcement incident or when the person has -- comes in contact with the blood of the alleged criminal. So, it’s only instances where it might help law enforcement or help the person who might have come in contact with somebody who might have HIV. The other thing I would say is that this State and this Department of Public Health has had a great record of keeping names anonymous. They hold to that very dearly. And, I think we heard very compelling testimony by the Director of that division in Public Health, who himself is HIV positive, and -- and talked very eloquently about why this is -- is necessary and why he believed that the anonymous nature would still be upheld.

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

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

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

I thank the Members for their support and I would ask everybody to vote Aye.

PRESIDING OFFICER: (SENATOR DeLEO) …Ladies and Gentlemen, the question is, shall Senate Bill 929 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 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 929, having received the required constitutional majority, is declared passed. Continuing, Senate Bills 3rd Reading on page 17 is Senate Bill 941. Senator Collins. Senator Jacqui Collins. She’s seeking leave of the Body to return this bill to the Order of 2nd Reading for the purpose of amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the 62  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Order of 2nd Reading is Senate Bill 941. Mr. Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Collins, to explain your amendment, ma’am.

The amendment, Floor Amendment No. 1, becomes the bill and I would -- debate it on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the amendment? Seeing no discussion, Senator Collins moves the adoption of Amendment -- Floor Amendment No. 1 to Senate Bill 941. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment’s adopted. Mr. Secretary, do you have any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading, Senator Collins, do you wish to proceed? The -- the lady asks to take the bill out of the record. Ladies and Gentlemen, continuing on Senate Bills 3rd Reading, we will turn your Calendars to page 22. Page 22 of your Calendar. In the middle of page 22 is Senate Bill 1011. Senator Delgado, do you wish to proceed, sir? Senator Delgado is seeking leave of the Body to return Senate Bill 1011 back to the Order of 2nd Reading for the 63  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 purpose of amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1011. Mr. Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Delgado, to explain the amendment, sir.

Thank you, Mr. President. The amendment is -- basically makes a technical change in a Section concerning the use of force in a defense of a person, for the purpose of moving this bill out.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the amendment? Seeing no discussion, Senator Delgado moves the adoption of Floor Amendment No. 1 to Senate Bill 1011. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1011. Senator Delgado, you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the bill.

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

Thank you, Mr. President, Members of the Senate. Senate Bill 1011, as amended, would be exempted from the definition of “gambling device” in the Criminal Code, the wholesale value of a crane game or redemption machine prize may not exceed twenty- five dollars - currently, the lesser of seven items -- or seven times the cost charged to play the amusement device or five dollars, whichever is less. According to Department of Corrections, there’s no corrections population or fiscal impact on the Department. Which incident in which a person would not be sentenced to prison for a Class 4 felony, if indeed the offense involving a crane game or redemption machine, as outlined by my original bill, would have saved the Department approximately twelve thousand dollars. And I’m available for questions and your Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) …you. Is there any discussion? Is there any discussion? Seeing no discussion, the question is, Ladies and Gentlemen, shall Senate Bill 1011 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 45 Ayes, 5 voting Nay, 0 voting Present. Senate Bill 1011, having received the required constitutional majority, is 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 declared passed. Ladies and Gentlemen, continuing on Senate Bills comes Senate Bill 1014. Senator Bond. Senator Bond is seeking leave of the Body to return Senate Bill 1014 back to the Order of 2nd Reading for the purpose of amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1014. Mr. Secretary, has there been any amendments approved for consideration, sir?

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

The amendment becomes the bill. Be happy to…

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Is there any -- seeing no discussion, Senator Bond moves the adoption of Floor Amendment No. 1 to Senate Bill 1014. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. And the amendment’s adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1014. Senator Bond, do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Bond, to the bill, sir.

Thank you, Mr. President. This bill is identical to House Bill 2853, which passed unanimously out of the House. What this does is it sets up the Internet Gang Crime Unit pilot program. Three communities across the State will be chosen to empower local police officers to use the Internet to observe gang activity like MySpace. I’d ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 1014 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 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill -- 1014, having received the required constitutional majority, is declared passed. Turn your Calendars to page 23. In the middle of page 23 is Senate Bill 1023. Senator John Cullerton. Senator Cullerton is seeking leave of the Body to return this to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1023. Mr. Secretary, has there been any amendments approved for consideration?

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

Thank you, Mr. President, Members of the Senate. The amendment expands the motions for testing not available at trial to include ballistic testing and amends the Code of Criminal Procedure. Like to move for the adoption of the amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Seeing no discussion, Senator Cullerton moves the adoption of Floor Amendment No. 1 to Senate Bill 1023. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment’s adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1023. Senator Cullerton, do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Cullerton, to the bill, sir. 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Thank you, Mr. President, Members of the Senate. The Integrated Ballistic Identification System refers to a joint program formed in the year 2000 by the FBI and the ATF to provide a computerized database system which contains digitized photographs of markings left on bullets from many guns. The system has a network that’s basically a ballistic fingerprinting network, which is operated by the ATF, which connects with the database and contains over a hundred and twenty images from crime scenes. What this bill does is to say that in our current Code of -- Criminal Procedure, when you have a motion for testing, which now is limited to fingerprints and forensic testing, that was not available at the time of trial, this would be added - Integrated Ballistic Identification Systems would be added. It also makes a -- a change, which is pretty obvious, if -- if evidence is previously tested pursuant to this program, if -- if it reveals an unknown fingerprint from the crime scene that does not match the defendants, the court shall direct the prosecuting authority to request the Illinois State Bureau of Forensic Science to submit the unknown fingerprint evidence into the FBI’s Integrated Automatic Fingerprint Identification System. I don’t believe there’s any opposition. Ask for an Aye vote.

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

PRESIDING OFFICER: (SENATOR DeLEO) 69  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Sponsor indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Well, I don’t know that there would be -- I have no idea how much additional cost there would be. The Illinois State Police Bureau of Forensic Science is an established entity which is operating now. I -- I’m certain if there was a concern about having to have additional employees or whatever, they would notify us. I think -- I think all you’re doing is basically checking a database. You’re just submitting some information and checking to see if there’s a match. So, I -- I don’t think there would be much -- much cost, if any.

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Yes. We’re not asking the State to do anything more. What we’re really saying is that upon a motion by the defendant, the -- the court is authorized to ask for this type of testing. The 70  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 way the -- the bill is -- the way the current law reads is that in a -- in a -- in a motion for testing, not available at trial, regarding actual innocence, that’s -- this is the more limited situation where this occurs, there just happens to be two areas where they can test, fingerprinting and forensic testing. We’re just adding this relatively new system to that list.

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

Yes. I just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate Bill 1023 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 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1023, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, Channel 5 NBC in Chicago seeking leave of the Body to videotape the proceedings. Hearing no objection, leave is granted. Senator Halvorson in the Chair.

PRESIDING OFFICER: (SENATOR HALVORSON) Continuing on page 24 is Senate Bills 3rd Reading. We have Senate Bill 1042. Senator Frerichs seeks leave of the Body to return Senate Bill 1042 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House -- Senate Bill 1042. Mr. Secretary, have there been any amendments approved for 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 consideration?

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

Thank you much -- Madam President. This is a -- it deletes all the language and the -- and inserts quick-take authority granted to the cities of Champaign, Village of Savoy and the County Champaign for the construction of the Curtis Road project. This is a project very important for economic development in my area, dealing with a new Interstate exchange on Route 57 in southwest Champaign. And I would entertain any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussions on the amendment? Hearing none, the -- Senator Frerichs moves the adoption of Amendment No. 1 to Senate Bill 1042. All those in favor will say Aye. Opposed, Nay. The Ayes have it. And the amendment is adopted. Now on the Order of 3rd Reading -- or are there any further amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1042. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.

Thank you much, Madam President. I got a little ahead of myself with that amendment. I should reiterate what I said. This is something -- a necessary project for economic development for my area. Has a lot of support locally and I request a favorable vote.

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

PRESIDING OFFICER: (SENATOR HALVORSON) To the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 1042 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 50 Yeas, 2 voting Nay, none voting Present. And Senate Bill 1042, having received the required constitutional majority, is declared passed. 73  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Continuing on to page 28 is Senate Bill 1173. Senator DeLeo seeks leave of the Body to return Senate Bill 1173 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1173. Mr. Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo, to -- Senator DeLeo, to explain your amendment. SENATOR DeLEO: Thank you. Excuse me. This is Floor Amendment No. 1 to Senate Bill 1173 and permits the Toll Highway Authority to contact {sic} (contract) another public or private entity to prevent {sic} (provide) immobilization or tow, impounded {sic} vehicles. The amendment redefines what a vehicle is. And I ask for its adoption.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator DeLeo moves the adoption of Amendment No. 1 to Senate Bill 1173. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 74  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Senator DeLeo, to explain Amendment No. 3. SENATOR DeLEO: Thank you very much, Madam President, Ladies and Gentlemen of the Senate. This amendment -- which retains the underlying bill. This adds hotels to the list of facilities for which a toll highway authority may enter into leases, operating agreements, concession agreements. This amendment authorizes the tollway to enter into leases up to fifty years. I ask for the adoption of the amendment.

PRESIDING OFFICER: (SENATOR HALVORSON) Any -- any discussion on the amendment? Senator Radogno, on the amendment? Is there any discussion on the amendment? Seeing none, Senator DeLeo moves the adoption of Amendment No. 3 to Senate Bill 1173. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1173. Senator DeLeo, do you wish to proceed? So, on Senate Bill 1173, Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: 75  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Thank you very much, Ladies and Gentlemen of the Senate, Madam President. As I explained, Amendment No. 1 identifies what a vehicle is. It also deletes the language that the current law -- it disallows those plastic -- those cover for license plates so the IPASS can read them. It also lowers the - - fine on the violation. And, then, it -- the last amendment we just adopted is the lease amendment. And we’re allowing the tollway to -- enter up to fifty-year leases so they could redefine their concessions in the hope to attract the -- some tenants like hotels to their properties.

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

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Senator Althoff. And -- and after the very vigorous debate in committee yesterday, I spoke with the officials from the tollway and it is the intent of this bill, as amended, it’s only to permit hotels at the current located oases. One of the things that should be noted that the oases are the only - and I repeat, the only locations where there’s enough room to locate a hotel facility. There will be -- they will not, and this is a quote from the tollway officials yesterday, they will not be located at interchanges or in any other tollway right-of-way. And they said simply there’s not enough room for that to happen. So, it’s totally the attempt of this bill only to be at the oases.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Senator Althoff. Once again, local 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 health, safety codes, ordinances would be applicable. Water sprinklers, food sanitation, all would be treated in regard to zoning to the area.

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Senator. That’s the marketplace. There’s -- you cannot get construction financing with a lease of ten or five or twenty years. It just -- it just -- in the industry -- they won’t enter into a construction loan. So, the industry standards are fifty years or more.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Those are concessions. And when we enter into concession 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 leases that’s not a problem. When we enter into a construction to build a -- a -- a hotel -- we don’t have any hotels, Senator. And we’re hoping by changing the legislation and allowing the Toll Highway Authority to give them this authorization to go up to fifty years, that we’d be able to attract some large tenants such as a hotel.

PRESIDING OFFICER: (SENATOR HALVORSON) …Radogno.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: No, it does not.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: When the marketplace hopefully calls for it.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.

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

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: They were not in committee, Senator.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard. 80  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: I don’t know. I don’t lobby for the hotel industry. I don’t know, Senator. I -- I -- I have no idea.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: I’m assuming -- and I -- and I hope -- I hope that I’m right, when they’ve done the Mobil leases - the tollway - which now currently has the lease for gas at -- at the toll plazas that that went out with an RFQ and an RFP. I’m sure that the Toll Highway Authority Board will put this out for -- for bid and get the highest and best use.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Well, Senator Dillard, I -- you use the expression we’re in the hotel business. I don’t -- we’re not -- as we -- as we lease to McDonald’s or we lease to Dunkin Donuts or we lease to Panda Express or we lease to Mrs. Fields, we’re not in the cookie business, we’re not in the oriental food business, we’re not in the cellular phone business. We’re in the business of leasing and getting the value out of that property back, so the Tollway operates in a very efficient way. We’re looking to extract revenues, additional revenues from, as they would say, from -- in the people that do real estate law in Chicago would say, from air space, vacant air space. So, if we can take those properties and bring value to ‘em, that’s -- that’s what I think what the board is trying to accomplish here by extending the lease program. We’re not in the hotel business. And I don’t think the Tollway is going to be in the hotel business. They’re going to be in leasing some space to some developer to build something that will bring -- bring profit to the taxpayers and the people that use the tollway.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: I believe -- and I believe that it’s -- it’s actually, Senator Dillard, I think it’s actually in the legislation to prohibit what you -- your comments are on page -- on Amendment 3 that we just adopted. On page 1, the last two lines actually says that -- that we’ll -- we’ll not -- that will not be given the authority or the power to enter into sale or lease of this. So it’s actually in -- in Amendment No. 3.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard, to wrap it up, please.

PRESIDING OFFICER: (SENATOR HALVORSON) 83  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Any further discussion? Senator Risinger.

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Senator, I -- I think we just addressed this and I’m sorry if you didn’t hear the -- earlier in the debate what -- what Senator Althoff and I -- for Legislative intent, the tollway -- the intention of this bill, as amended, Amendment No. 3, would only permit hotels -- their intent, once again, is only to permit hotels at -- located at the oases. It’s not -- this isn’t a quick-take bill. This isn’t a go seize property to build hotels. It’s only for the oases. Once again, let me say that for the fourth time.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Risinger.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: I can stand here today and tell you that’s not going to happen. But, twenty-five years or a hundred years from now and -- and -- and Lisa Madigan’s the Governor, I can’t tell you. But today, as the -- the intent of this bill is only at the oases. And that’s directly from the Tollway officials as of -- within twenty-four hours.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Risinger.

PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Syverson.

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: I’m sure the State Procurement Code would be put in place, when they’re doing these RFQs and RFPs. We’re not selling property. This would be a lease. And, as you know, in any agency, IDOT, the Illinois Toll Highway Authority, Public Aid, Public Health, Mental Health, we, in the General Assembly, we do not do leases. We do not do contracts. We do not pick contractors. We do not pick road builders. We, here in the General Assembly, make the laws and appropriate the money to the agencies. We don’t make those decisions. And in retrospect, thank the Lord that we don’t make those decisions.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Once again, that’s a decision made by the Toll Highway Authority Board. But if -- let’s just walk back a little bit. On the reconstruction of the oases, when they -- they chose the board, they had a master developer. They put an RFQ for a master developer. We’re not in -- we’re not leasing agents. We’re not in the retail business. And, so, they picked a master developer. And, I believe - and I don’t know - but, I believe it was a -- a group called Wilton Partners who got the master lease. And, in turn, they went out and sublet the space and tried to encourage tenants to come to these facilities - again, the -- the number of chains that I just mentioned - they have not been a success. They have not been a success. And, you can see from the figures and -- and the Krispy Kreme chain has -- has decided to close up on the oases because of lack of sales. 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 The hot dog chain - I can’t think of their name - they closed up for lack of sales. The only body that’s actually doing a wonderful business at the oases, from what we are told, are the Mobil gas franchise and some of the McDonald’s stores are carrying their own and paying the rent on a current and active basis. So, in -- in the year 2007, where families load up their car and put the DVDs in and the kids put the wireless headphones on and -- and -- and they put XM radio on, people fill up the car and go to Wisconsin and go to Iowa and they go -- they travel. We’re -- we’re -- so, what happened on these oases, it’s not being as profitable as they thought they were going to be and they’re looking for ways to -- for advantages to make these profitable. So we keep -- we keep tolls down and we let the people keep using the tollway at a very reasonable cost. And, I think it’s admirable that the Tollway’s taking actions like this to look for better tenants to keep this a very profitable situation.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Senator, thank you for that question. This is a cap. We’re setting a ceiling it can go up to. And what we’re doing here is trying to make it all -- they can -- the -- the board can issue a five-year lease, a three-year lease, a twenty-year lease. And, if we get big projects, like what the intent is, that’s why we’re putting the cap on at fifty.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: We removed the language of slots at the tollways in this 89  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 bill. So that’s out of there. This is -- this -- what drives it -- and -- and -- and especially for my friends and colleagues on that side of the aisle, it’s marketplace. This -- what’s driven by the -- when the board -- the Toll Highway Authority asked for this legislation, it’s total marketplace. And if -- and if -- if franchises are doing bad or good and extending the lease or selling the lease or getting some up-front money, this gives them a lot of flexibility. So, for those of us in this Chamber that are in business, I think when you’re -- you’re putting a cap on something, especially a fifty-year -- it’s totally driven by marketplace. And, I think this is a good amendment, not antigovernment. I think it’s very good business, which so many of us in this Chamber do care about, too, business.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson, to wrap it up.

PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Brady.

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. 91  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 SENATOR DeLEO: They did. I don’t know if they still have it. They were the developer chosen a few years ago to redevelop the oases.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Brady.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, DeLeo, to close. Senator -- Senator DeLeo, to close. SENATOR DeLEO: Thank you very much, Madam President and Ladies and Gentlemen of the Senate. In closing, let me -- let me just -- just say this. And, you know, I share everybody’s concern. And we talked about -- you -- you -- Senator Brady talked about people that -- have hotels in the area or have hotels in the community, people on River Road and in -- in the Village of Rosemont built hotels, the Sofitel, the Hyatt, the -- the Comfort Suites, the Crowne Plaza. There’re six thousand hotel rooms over there and the City of Chicago decided to build a hotel inside the airport. They put a hotel right inside the airport to -- for convenient travelers. And these rooms didn’t close up, these hotels. Matter of fact, property rose. The same thing in Miami. Miami built a hotel inside the terminal for people. There’s hundreds and hundreds of rooms around the Miami -- Miami Airport. But, I share your concern and I hope there is no corruption and I hope it’s given to -- on a fair basis, just like you do. But, that’s why we did things in this Chamber. We -- we did a State Procurement Code. We put a board of -- of directors together for the Toll Highway Authority. We put -- we put RFQs and RFPs out there, so things don’t happen. Every day in this Chamber we do something, so there is no 93  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 corruption, so it’s honest and the person that bids it has an honest chance. If something bad’s going to happen, there’s nothing that we can do in this room. There’s not one thing that anybody in this room can -- happen on a board or commission if it’s a hospital, if it’s a tollway, if it’s -- if it’s a hotel, a casino. We can’t change corruption. But, we can do the right thing for taxpayers. And we can do the right thing by taking valuable property and hope to get rent to keep the tolls down and to keep the tollways open. And, I share your concerns. But, we put all these safeguards in place, so things don’t happen. And, we don’t have to see headlines like Senator Dillard held up today. I don’t want to see that. I don’t want to see it under Republican administration. I don’t want see it under a Democratic administration. I want to see people do the right things and this is the right thing, promoting and leasing land, leasing land. I ask for a favorable roll call, Madam President.

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 1173 pass. All 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 38 Yeas, 19 voting Nay, none voting Present. And Senate Bill 1173, having received the required constitutional majority, is declared passed. Continuing on to page 29 on Senate Bill 1314, Senator Jacobs, do you wish to proceed? Senator Jacobs seeks leave of the Body to return Senate Bill 1314 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 Senate Bill 94  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 1314. Mr. Secretary, are there any amendments approved for consideration?

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

Amendment No. 5 is a product of several meetings in two months of negotiations. I know of no formal opposition to this bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Jacobs moves the adoption of Amendment No. 5 to Senate Bill 1314. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now, on the Order of 3rd Reading is Senate Bill 1314. Senator Jacobs, do you wish to proceed? Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs. 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

This bill clarifies and streamlines a process for -- of staffing firms report hours on timecards to eliminate errors on paychecks and also secure the employees to make sure that they’re properly paid. I know of no known opposition and I’d appreciate your Aye support.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1314 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, none voting Present. And Senate Bill 1314, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, we will be going back to page 2. Senate Bills 2nd Reading. Senator Hunter, on Senate Bill 1132. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) 96  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Ladies and Gentlemen, if you could please turn to page -- we’re going to be going back to House Bills 2nd Reading on page 38. This is the last time we’re going through House Bills 2nd Reading, last time. So we’re on 38. House Bills 2nd Reading. Senator Demuzio, on Senate -- House Bill 29. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Sullivan, on 118. Senator Sullivan, on 118. Senator Althoff, on 334. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Munoz, on 358. Senator Munoz, on House Bill 358. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 97  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 3rd Reading. Senator Haine, on House Bill 411. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Munoz, on House Bill 624. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. With leave of the Body, we’ll go back to House Bill 118. Senator Sullivan, do you wish -- on House Bill 118. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Althoff, on House Bill 663. Senator Koehler, on 699. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. With leave of the Body, we will return to House Bill 1074. Senator Wilhelmi, on 1491. Madam Secretary, read the bill.

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

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. With leave of the Body, we’ll return to 1542. Senator Maloney, on House Bill 1835. Senator Clayborne, on House Bill 1888. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Demuzio, on House Bill 2106. Madam Secretary, read the bill. 99  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Demuzio, on House Bill 2179. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading.

PRESIDING OFFICER: (SENATOR MARTINEZ) Ladies and Gentlemen, with leave of the Body, we’re going to go to page 39. The top of page 39. House Bills 2nd Reading. House Bill 1074. Senator Halvorson. Madam Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MARTINEZ) Has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MARTINEZ) 3rd Reading. Senator Halvorson, on House Bill 1542. Madam Secretary, please read the bill.

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

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Halvorson, explain your amendment.

Thank you. I -- I wish to table the amendment that would go to this bill. I want to move it to 3rd without the amendment.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Halvorson moves to table the amendment. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is tabled. Are there any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MARTINEZ) 3rd Reading.

PRESIDING OFFICER: (SENATOR HALVORSON) 101  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Ladies and Gentlemen, please turn your Calendar to page 33. We will be going to House Bills 3rd Reading where we left off yesterday. And that will be Senator Noland, on House Bill 876. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.

Thank you, Madam President. This bill, House Bill 876, provides that…

PRESIDING OFFICER: (SENATOR HALVORSON) Excuse me, Senator Noland. I -- I’d really like to ring the bell to alert everybody that we’ll be going to 3rd Readings. Madam -- Senator Noland.

Thank you again, Madam President. House Bill 876 provides that with respect to signs owned or leased by the State or a political subdivision, an area zoned for business, commercial, or industrial activities adjacent to and within six hundred and sixty feet of an Interstate highway and that is in Township 41 North, Range 10 East of the Third Principal Meridian, shall be deemed a “business area” for purposes of the Act. This Act contains provisions concerning repeal if preempted by federal law or regulation and concerning inapplicability if receipt of federal funds by IDOT is -- is impacted. Should also say that House Bill 876 represents narrow relaxation of the State’s 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 regulations in a manner which still conforms to federal law and places the State at no risk. I ask for unanimous consent.

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

Thank you, Madam President. I rise in support of the Senator’s bill. I appreciate his willingness to work with me. I had an amendment on file to deal with a similar issue in my district. We had some technical problems with it and have held the amendment for that reason. But I -- I applaud Senator Noland for his work on this. I look forward to coming back in the fall with language to deal with the issue in my district and I would ask my colleagues to support Senator Noland in this issue that is very important in his district.

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

PRESIDING OFFICER: (SENATOR HALVORSON) …further discussion? Senator Watson.

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

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 876 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 31 Yeas, 23 Nays, 0 voting Present. And House Bill 876, having received the required constitutional majority, is declared passed. Senator Watson.

PRESIDING OFFICER: (SENATOR HALVORSON) That is always in order. Senator Watson has requested a verification. Will all Members be in their seats? The Secretary will read the affirmative votes.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Watson, do you question the presence of any Member voting in the affirmative?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval. I hear him. Is Senator Sandoval in the Chamber? If not, Madam Secretary, strike the name from the roll.

PRESIDING OFFICER: (SENATOR HALVORSON) Is Senator Trotter here? Is Senator Trotter here? Is he on the phone? Madam -- there he is.

PRESIDING OFFICER: (SENATOR HALVORSON) Well, we can add Senator Sandoval back to the roll. And the Senate -- Senator Watson questions the presence of Hendon. Senator Hendon. Is he here? If not, Madam Secretary, strike his name from the roll. Senator Watson, do you question the presence of anybody else?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hultgren. Is Senator Hultgren in the -- if Senator Hultgren is not in the Chamber, Madam Secretary, strike his name.

PRESIDING OFFICER: (SENATOR HALVORSON) On a verified roll call there are 29 Yeas, 23 Nays. And House Bill 876, not having received the required constitutional majority, is declared failed. Senator Noland, for what purpose do you rise? Would you like to put that on postponed consideration?

Yes, I would. Yes.

PRESIDING OFFICER: (SENATOR HALVORSON) We will put the bill on postponed consideration. Senator Althoff, on -- Senator Althoff, on House Bill 909. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 909 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 53 Yeas, none voting Nay, none voting Present. And House Bill 909, having received the required constitutional majority, is declared passed. Top of page 34. Senator Link, on House Bill 924. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link. 109  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Thank you, Madam President. This clarifies the language of the bill regarding statements of public funds published in a local newspaper. I know of no objection to the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 924 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 51 Yeas, none voting Nay, none voting Present. And House Bill 924, having received the required constitutional majority, is declared passed. Senator Link, on House Bill 928. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

Thank you, Madam President. This -- this bill amends the Workers’ Compensation Act and the Workers’ Occupational Disease Act and provides that any condition or impairment of health of a firefighter, emergency medical technician, or paramedic that results directly or indirectly from certain diseases will create for disability of an employment. I’ll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, 110  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 shall -- oop! Senator Cronin. Thanks for putting your light on.

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

Thank you much, Madam President. I have a couple questions for the sponsor.

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

Senator Link, like how long does a firefighter, EMT, or paramedic have to be employed before the illness or conditions are rebuttably presumed to arise out of the course of employment?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

A firefighter, EMT, or a paramedic must be employed for at least five years at the time he or she files for application for adjustment of claims concerning this condition or impairment of the Illinois Workers’ Compensation Commission.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs. 112  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Thank you very much. I have another question. What types of cancers will be rebuttably presumed to arise as a result of the services of a firefighter?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

The type of cancer involved must be the type that may be caused by the exposure of heat, radiation or as known as -- carcinogenics as defined by the International Agencies {sic} (Agency) for Research on Cancer, and the cancers must, and is rebuttable -- presumption to arise as a result of a service as a firefighter.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.

I have one last question, Senator Link. What happens if a municipal employer pays medical bills for a condition that is later determined to be unrelated to the firefighter’s employment? Does the municipal employer have a cause of action against the firefighter to recover expense of those payments?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

This -- thank you. The legislation does not change the ability of the employer to recover payments made for a condition that later determines to be unrelated to the firefighter’s employment. The employer would be allowed to recover those payments in the same manner currently provided for in the 113  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 statute.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, the question is, shall House Bill 928 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 33 Yeas, 17 Nays, 3 voting Present. And House Bill 928, having received the required constitutional majority, is declared passed. Senator Dillard, on House Bill 975. Senator Maloney, on House Bill 982. Madam Secretary, read the bill. Senator Maloney seeks leave of the Body to return House Bill 982 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 982. Madam Secretary, have there been any Floor amendments approved for consideration?

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

Thank you, Madam President. The amendment, in fact, becomes the bill. I would be happy to explain the amendment on 3rd Reading.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney moves the adoption of Floor Amendment No. 2 to House Bill 982. 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? 114  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd -- 3rd Reading. Senator Maloney, we are not going to move that on 3rd Reading just yet. Senator Forby, on House Bill 985. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby.

Thank you. House Bill 985 is the prevailing wage bill. It would make work performed as maintenance, repair, assembly or disable {sic} (disassembly) on equipment, whether leased, owned or rent, subject to prevailing wages provided under Prevailing Wage Act. The Prevailing Wage Act requires contractors, subcontractors to pay laborer, workers and -- that works on machinery in public work construction places no less than the general prevailing wages for work that’s similar -- that charters {sic} (character) in the county where the work is performed. I’ll answer any questions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 985 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 47 Yeas, 6 voting Nay, 0 115  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 voting Present. And House Bill 985, having received the required constitutional majority, is declared passed. Senator Bond, on House Bill 1011. Senator Bond seeks leave of the Body to return House Bill 1011 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1011. Madam Secretary, have there been any Floor amendments approved for consideration?

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

It’s a technical amendment. We changed one word.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Bond moves the adoption of Amendment No. 1 to House Bill 1011. 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?

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

This is the final version of the agreed upon bill of net metering that we worked out with the House in the Senate version.

PRESIDING OFFICER: (SENATOR HALVORSON) 116  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Senator Bond moves the adoption of Amendment No. 2 to House Bill 1011. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Sullivan, on House Bill -- Senator Sullivan -- seeks leave of the Body to return House Bill 1019 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 1019. Madam Secretary, are there any Floor amendments approved for consideration?

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

Thank you, Madam Chairman. The amendment sets standards for the testing of E. coli and the slaughtering of animals in the State. The recommendations come from the Meat and Poultry Task Force that met to try to address some discrepancy in the different types of slaughtering plants in the State.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing -- Senator Burzynski, on the amendment? Senator Sullivan moves the adoption of Amendment No. 1 to House Bill 1019. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments 117  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Cullerton, on House Bill 1050. Senator Cullerton, on House Bill 1071. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.

Thank you, Madam President, Members of the Senate. This bill amends the Condominium Property Act to set standards for individuals who possess professional qualifications as community association managers. These are the people who provide the knowledge and expertise critical to managing and operating these associations that many people live in, the condominium cooperatives, town homes and residential communities. The standards in this bill would be -- set certain minimum requirements for the individual to -- would be this manager, making sure that certain prior conduct like forgery or embezzlement convictions would -- preclude them and it also -- to protect the community association funds through a mandatory fidelity bond. Be happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) 118  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Is there any discussion? Seeing none, the question is, shall House Bill 1071 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, none voting Present. And House Bill 1071, having received the required constitutional majority, is declared passed. Senator Sandoval, on 1080. Senator Sandoval seeks leave of the Body to return House Bill 1080 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 1080. Madam Secretary, are there any Floor amendments approved for consideration?

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

Thank you, Madam President and Members of the Senate. Amendment No. 1 to House Bill 1080 adds language limiting the revocation of driving privileges to offenses that involve a motor vehicle or the use of a driver’s license or permit. The Amendment No. 1 was offered as a result of the concerns raised by the Judiciary Committee during the hearing. This is not an illegal -- amendment.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Sandoval moves the adoption of Amendment No. 1 to House Bill 1080. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the 119  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Munoz, on 1100. Senator Clayborne, on House Bill 1146. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

Thank you, Madam President and Members of the Senate. House Bill 1146 amends the General Not-For-Profit Corporations Act to provide civil immunity to volunteer board members, serving without compensation, for damages resulting from any action of the executive director concerning the false reporting or intentional tampering with financial records of the organization, where the actions of the executive director result in legal action, unless the conduct by the volunteer board member was willful and wanton. This bill does not apply to actions brought by the Attorney General if he or she is exercising common law, statutory duties in protecting -- protecting charitable trusts or exercising their authority to enforce the laws of this State, as they apply to the trustees of the charity. This passed the House 116 to 0.

PRESIDING OFFICER: (SENATOR HALVORSON) 120  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Is there any discussion? Seeing none, the question is, shall House Bill 1146 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, none voting Present. And House Bill 1146, having received the required constitutional majority, is declared passed. Senator Demuzio, on House Bill 1238. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio.

Yes. Thank you, Madam President and Members of the Senate. House Bill 1238 amends the Illinois Vehicle Code, allowing strobe lights on school buses to be lighted at any time when the vehicle is being used to transport one or more children.

PRESIDING OFFICER: (SENATOR HALVORSON) …there any discussion? Seeing none, the question is, shall House Bill 1238 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 54 Yeas, none voting Nay, none voting Present. And House Bill 1238, having received the required constitutional majority, is declared passed. Top of page 35. Senator Haine, on House Bill 1254. Madam Secretary, read the bill. 121  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

Thank you, Madam President and Ladies and Gentlemen of the Senate. This House bill fulfills the recommendations of the electronic health and record task force created by this General Assembly two years ago. It does a number of things. Creates a not-for-profit corporation within DPH to be known as the Illinois Health Information Network. It details the mission of that group. It authorizes DPH to create a not-for-profit organization to be known as the Illinois Health Information Network. It provides for a thirty-one-member governing board with three-year staggered terms. And the makeup and the background of the board is described in the Act. I’d ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1254 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 1254, having received the required constitutional majority, is declared passed. Senator Delgado, on House Bill 1259. Senator Ronen, on House Bill 1284. Senator Clayborne, on House Bill 1292. Senator Collins, on 122  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 House Bill 1300. Madam Secretary, read -- Senator Collins seeks leave of the Body to return House Bill 1300 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection - - there is no amendment. The amendment has been adopted. The bill is on 3rd Reading. Senator Collins wants to call it on 3rd Reading. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 1300 creates the Illinois Food, Farms, and Jobs Act and the Illinois Local and Organic Food and Farm Task Force. What House Bill 1300 seeks to accomplish are two things. First, the bill creates the Illinois Food, Farms and Jobs Act, which urges the State to work to expand markets for Illinois- grown organic foods and to urge Illinois farmers to sell their products locally. Secondly, the bill creates the Organic Food and Farms -- and Farm Task Force. The task force shall develop a plan containing policy and funding recommendations for expanding and supporting a State local and organic food system and for assessing and overcoming obstacles to an increase in locally grown food and local organic food production. I guess, the question would be, why would a urban Legislator be interested in this legislation? For two or three reasons. The Chicago Tribune last year did a series on urban areas where they 123  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 lacked the access to fresh -- produce and fruits and vegetables. And, so, I am a proponent of trying to have my group access fresh produce. This also leads to economic and job development, because right now the State of Illinois imports more than ninety-five percent of organically grown food. And I think being the farm belt of the Midwest, I feel that we should have the capacity and give the support for farmers and jobs and -- and creation in the State. I’m open for any questions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any -- is there any discussion? Senator Garrett. Any discussion? Senator Dahl.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, the question is, shall House Bill 1300 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 1300, having received the required constitutional majority, is declared passed. Senator Harmon, on House Bill 1319. Excuse me, Senator Harmon. Senator Garrett, for what purpose do you rise?

Yes. I inadvertently pressed the No button. I wanted to press the Yes button. I’d like the record to reflect that on 124  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 House Bill 1146.

PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect. Senator Harmon, do you wish to proceed? Madam Secretary, out of the record. With leave of the Body, we’ll return -- with leave of the Body, we will return to House Bill 1319. Senator Martinez, on House Bill 1330. Madam Secretary, read the bill. Senator Martinez seeks leave of the Body to return House Bill 1330 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 1330. Madam Secretary, have there been any amendments approved for consideration?

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

Thank you. Thank you. The -- the amendment just adds the Minority Leader in the Senate, Minority Leader in the House to the House -- should be appointed to this task force. And I’ll be happy to explain the bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Martinez moves the adoption of Amendment No. 2 to House Bill 1330. Hearing no -- or all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, have there been any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Kotowski, on House Bill 1384. Madam Secretary, read the bill. Senator Kotowski seeks leave of the Body to return House Bill 1384 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1384. Madam Secretary, have there been any Floor amendments approved for consideration?

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

Madam President, the amendment becomes the bill. I’d be more than happy to discuss it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Kotowski moves the adoption of Amendment No. 1 to House Bill 1384. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Sieben, on House Bill 1403. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sieben.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1403 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 54 Yeas, none voting Nay, none voting Present. And House Bill 1403, having received the required constitutional majority, is declared passed. Senator Harmon, on 1406. Senator Harmon seeks leave of the Body to return House Bill 1406 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 1406. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, on Floor Amendment No. 1. 127  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to House Bill 1406 is an initiative of the Department of Financial and Professional Regulation and makes a variety of technical changes to the Auction License Act with respect to licensure renewal and discipline. I’m not aware of any opposition and I’d ask that we adopt the amendment.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Harmon moves the adoption of Amendment No. 1 to 1406. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Collins, on House Bill 1455. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.

Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 1455 with Floor Amendment No. 2 prohibits minors from using false IDs to acquire tobacco products. 128  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Tobacco products may not be vended with other non-tobacco products except matches. Lunch wagons may not sell tobacco products that are not in a sealed package provided by the manufacturer. And -- and lastly, it prohibits any -- the sale, distribution or offer for sale or distribution of flavored cigarette -- any flavored cigarette tobacco product in Illinois. There is a background and a history to this legislation. I’ll be open for any questions that might…

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1455 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 52 Yeas, 2 voting Nay, 1 voting Present. And House Bill 1455, having received the required constitutional majority, is declared passed. Senator Bomke, on House Bill 1499. Madam Secretary, read the bill. Oop! It’s a recall. Sorry. Senator Bomke seeks leave -- Senator Bomke seeks leave of the Body to return House Bill 1499 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of House - - of 2nd Reading is House Bill 1499. Madam Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Bomke, to explain Amendment No. 2.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Bomke moves the adoption of Amendment No. 2 to House Bill 1499. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Watson, on House Bill 1514. Top of page 36. Senator Cullerton, on House Bill 1517. Senator Harmon, on House Bill 1519. Senator Harmon seeks leave of the Body to return House Bill 1519 to the Order of 2nd -- 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1519. Madam Secretary, have there been any amendments approved for consideration?

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

Thank you, Madam President, Ladies and Gentlemen of the Senate. The underlying bill, House Bill 1519, started as a TIF 130  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 extension for the City of Chicago Heights. It was earlier amended in the Senate Revenue Committee to include a TIF extension for the Village of Manteno. This Floor Amendment No. 2 adds a TIF extension for the Village of Rosemont. I’d ask that the amendment be adopted.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon seeks -- Senator Harmon moves the adoption of Amendment No. 2 to House Bill 1519. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator -- oh, with leave of the Body, we will return to 1554. Senator Schoenberg, on House Bill 1628. Senator Schoenberg seeks leave of the Body to return House Bill 1554 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd -- the bill that we are working on is House Bill 1628. Senator Schoenberg seeks leave of the Body to return House Bill 1628 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 1628. Madam Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Schoenberg, to explain your amendment. 131  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2, which is a recommendation of the Illinois State Medical Society, provides greater clarity on enabling the Department of Healthcare and Family Services to designate a central criteria and conditions that have to be satisfied in order for enrollees to secure a standing referral. Know no opposition.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Schoenberg moves the adoption of Amendment No. 2 to House Bill 1628. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Munoz, on House Bill 1641. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Munoz.

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1641 recodifies the changes made to the definition of term “crime victim” as in House Bill 1641 as 132  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 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 also increases the penalty for reckless homicide to a Class 2 felony when the defendant fails or refuses to comply with a lawful order, direction or any -- an authorized police officer or traffic control aide engaged in traffic control. 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. I know of no opposition and I will attempt to answer any questions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1641 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 1641, having received the required constitutional majority, is declared passed. Senator Haine, for what purpose do you rise?

A point of personal privilege, Madam President.

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

Madam President, I would ask that the record reflect that I was an Aye vote on Senator Collins’ bill, 1455, as amended. I was engrossed in conversation and in a rush, punched the amber 133  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 light. And I do wish to be recorded as -- as Aye.

PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect your intention. Senator Cronin, on House Bill 1647. Senator Demuzio, on House Bill 1648. Senator Demuzio seeks leave of the Body to return House Bill 1647 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is -- Senator Demuzio seeks leave of the Body to return House Bill 1648 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 1648. Madam Secretary, have there been any amendments approved for consideration?

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

Yes. Thank you, Madam President and Members of the Senate. Floor Amendment No. 1 to House Bill 1648 deletes all and actually becomes the bill. With Floor Amendment No. 1, 1648 creates the P-20 Council to coordinate P-20 education, align education agencies and develop policies that improve student performance.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Maloney, on the amendment? Senator Demuzio moves the adoption of Amendment No. 1 to House Bill 1648. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, have there been any further Floor 134  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Collins, on House Bill 1662. Senator Jacobs, on House Bill 1670. The screen isn’t caught up yet, Senator Jacobs. Senator Jacobs seeks leave of the Body to recall House Bill 1670 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 1670. Madam Secretary, are there any amendments approved for consideration?

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

Yes. Thank you, Madam Chairman. We’re talking about the amendment? Okay. The amendment is to allow boards and committees that have five members to allow two of them to pass and talk in the same hall without having a quorum or -- or in violating the open meetings. The Statewide Press -- Association is neutral on the bill and I know of no opposition.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Jacobs moves the adoption of Amendment No. 1 to House Bill 1670. All those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Link, on House Bill 1685. Senator Link, on House Bill 1752. Senator Link, on House Bill 1753. Senator Cullerton, on House Bill 1756. Senator Crotty, on House Bill 1775. Top of page 37. Senator Dillard, on House Bill 1855. Senator Link, on House Bill 1876. Senator Link, on House Bill 1876. Senator Dillard, on House Bill 1900. Senator Link, on House Bill 1917. Senator Haine, on House Bill 1926. Senator DeLeo, on House Bill 1947. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo. SENATOR DeLEO: Thank you very, very much, Madam President and Ladies and Gentlemen of the Senate. As some of you know, this is currently referred to as the ultimate fight -- fighting bill. Ultimate fighting has requested to come to the Midwest to venues like the Allstate Arena, the United Center, the Rockford facility and those big venues that hold ten, fifteen, twenty thousand people. And, ultimate fighting is a mixed martial arts. It’s a sport that -- which involves athletes, different forms of fighting, judo, karate, boxing, kickboxing, -- wrestling. And in the states that it is authorized in, we’ve asked the -- because it does involve athletes, we’re asking for Athletic Commission to regulate. And that’s what we’re doing here today is -- is 136  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 regulating sport. What we do by regulating the sport, Madam President, it eliminates the underground fighting. It replaces it with medical testing. It will have weight classes to prevent mismatches; that you have the standardized number of rounds; the approval of -- the gloves, the weight of the gloves; drug testing; and many necessary elements to make this a safe fight and safe sport in Illinois. There is about twenty-two states that have regulated this and if they’re coming to Illinois, we want to regulate it. So, I ask for its affirmative…

PRESIDING OFFICER: (SENATOR HALVORSON) Is there -- is there any discussion? Senator Syverson.

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

PRESIDING OFFICER: (SENATOR HALVORSON) 137  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Any further discussion? Senator Jacobs.

I rise in strong support of the Senator’s bill. I would point out that Illinois banned ultimate fighting many years ago and my father, who preceded me here, was the only No vote. So I’m glad to see the Senate’s caught up with us.

PRESIDING OFFICER: (SENATOR HALVORSON) …further discussion? Senator Watson.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, Senator DeLeo, do you wish to close? SENATOR DeLEO: Thank you very much, Madam President. I’d just like to say, while this is a very highly intense sport, our intention is for fighter safety. And that’s why this legislation is being advanced. I ask for affirmative roll call.

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 1947 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have 138  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Yea, 2 voting Nay, 0 voting Present. And House Bill 1947, having received the required constitutional majority, is declared passed. Senator Millner, on House Bill 1979. Senator Crotty, on House Bill 2035. Senator Hultgren, on House Bill 3090. Senator Dillard, on House Bill 3395. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further -- or is there any discussion on the bill? Seeing none, the question is, -- I was waiting for Senator Rutherford. I mean, come on. Senator Rutherford.

PRESIDING OFFICER: (SENATOR HALVORSON) But…

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 3395 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 51 Yeas, 3 voting Nay, 0 voting Present. And House Bill 3395, having received the required constitutional majority, is declared passed. Senator Harmon, do you wish to proceed on 3490? Senator Harmon seeks leave of the Body to return House Bill 3490 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 3490. Mr. Secretary, have there been any Floor amendments approved for consideration?

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

Thank you, Madam President, Ladies and Gentlemen of the 140  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Senate. House Bill 3490 permits -- House Bill 3490 permits public building commissions to use the design-build form of construction contract. The amendment makes two changes. First, it insures that the public building commission complies with the applicable MBE/WBE provisions in that community. And second, it prevents abuse by limiting the expenditures on design-build to twenty-five percent of the expenditures on capital projects for that year. I’m not aware of any opposition and I’d ask to adopt the amendment.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Harmon moves the adoption of Amendment No. 2 to House Bill 3490. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Haine, on House Bill 3512. Mr. Secretary -- Senator Haine seeks leave of the Body to return House Bill 3512 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 3512. Mr. Secretary, have there been any Floor amendments approved for consideration?

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

141  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 As -- House Bill 3512 expands school district access to criminal history record information relating to investigations against school employees -- school district employees. The State’s attorneys had some concerns about this. If there’s a pending ongoing investigation, and -- and the people that are the subject of it are those officers or district employees that may receive the information. So, Floor Amendment No. 1 reflects the concerns of the State’s attorneys that the -- the information that will be promptly given to them is information that would not compromise an ongoing investigation prior to establishing probable cause to believe that person A committed the offense.

PRESIDING OFFICER: (SENATOR HALVORSON) Any discussion on the amendment? Seeing none, Senator Haine moves the adoption of Amendment No. 1 to House Bill 3512. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Watson, on House Bill 3586. Senator -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Watson. 142  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 3586 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 3586, having received the required constitutional majority, is declared passed. Senator Harmon, on House Bill 3588. Senator Kotowski, on House Bill 3618. Senator Kotowski seeks leave of the Body to return House Bill 3618 for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3618. Mr. Secretary, have there been any Floor amendments approved for consideration?

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

Thank you, Madam President. Floor Amendment No. 1 to House Bill 3618 retains the underlying bill and adds language to 143  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 clarify the bill, that the bill does not require the removal or relocation of any existing flags currently displayed in the State. Also the amendment determines the requirements of the bill do not apply to a State facility if the requirements cannot be satisfied without a physical modification to a facility.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Kotowski moves the adoption of Amendment No. 1 to House Bill 3618. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Trotter, on House Bill 3627. Senator Trotter seeks leave of the Body to return House Bill 3627 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 3627. Mr. Secretary, have there been any Floor amendments approved for consideration?

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

Thank you very much, Madam President and Members of the Senate. Floor Amendment No. 2 deletes all and becomes the bill. But it essentially still encompasses and embraces all the 144  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 original amendment and that is creating the Charitable Trust -- Stabilization Act and that Act created the Charitable Trust Stabilization Fund, which will make short-term, low-interest loans, business loans, and startup grants to participating organizations. Specifically, what the changes are is that this amendment will establish a set number of private-citizen positions appointed by the Treasurer to be at six with the advice and the consent of the Senate, whereas the underlying bill had a range of members. It also deletes a provision that gave the director of every State agency that provided grants and contracts to non-for-profits. This provision applied to the previous bill and would bloat the size of the committee. It deletes the previous provisions of the bill that required participating organizations to give three percent fund -- of who gets funds, to give three percent back for their State -- their State grants. And, it replaces Lieutenant Governor, as cochairman of the committee, with the Attorney General, who actually overseas these entities. And I seek its passage.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Lauzen, is it on the amendment? Senator Trotter moves the adoption of Amendment No. 2 to House Bill 3627. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Viverito, on House Bill 3658. 145  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Senator Viverito, on House Bill 3658. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito.

Thank -- thank you, Madam Chairman -- Madam Chairman. Yes. Basically, what this bill does - there was a little controversy we had about it - but, all it is to be able to identify gasoline cans. And, the notification would be on the can telling the individuals how dangerous it is and how explosive it can be. There’s been a lot of accidents. And, some of the people that are manufacturing these different containers are being sued because there isn’t enough identification on ‘em about the danger with kerosene or gasoline. And, I hope that you would give that consideration, in making certain that a lot of the young people that do cut grass and that, realize the dangers that are involved in these kinds of situations - cutting lawns and the things that they have to do. So, I would hope for a favorable vote.

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

PRESIDING OFFICER: (SENATOR HALVORSON) 146  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Sponsor indicates he’ll yield.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito.

I believe the request came before. It was a fourteen-year- old -- or twelve-year-old. Now, they would hope that it would be fourteen-year-olds that would be, basically, looked upon with some supervision, if at all possible. I believe that that is the way it is right now.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito.

It is twelve-year-olds. So, please -- Senator, I’m sorry, it’s twelve-year-old.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.

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

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

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

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

PRESIDING OFFICER: (SENATOR HALVORSON) 150  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 To the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, Senator Viverito, to close.

151  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 First of all, I would like very much to thank each and every one of the Senators that have spoken. How well they’ve done, when they were very young on the farms and being able to cut the grass safely and being supervised by good parents. But a lot of times in the -- the city, Chicago, suburban areas, a lot of the lots are very, very small. A lot of the young kids go out there to make a few extra dollars and sometime Mother or Dad isn’t around. And, in all due respect, we know that there have been many, many accidents that have occurred. Between 2000 and 2005, Consumers Public Safety Commission said there were forty-three serious accidents with children over gasoline and that the group is of a very high risk. The ages of twelve- and thirteen-year-olds within the City of Chicago and in the suburban area is a very dangerous situation and needs supervision. I grew up a little bit, fortunately, out in Winona Lake, Indiana. I was coached by a lot of guys that were learning to be ministers from Wheaton College. I had the good fortune of being in a rural area all summer long, because my mother and dad thought it’d be a good place for me to work at summer camp. I learned the safety of that. But, I’ll tell you, when I’d go back home half the kids didn’t even realize the danger there were in these gasoline and kerosene cans. I urge you to give some consideration and I hope that you will vote Yes for the children, because, unfortunately, we don’t all live on farms. But, thank you for your indulgence.

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 3658 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 152  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 who wish? Take the record. On that question, there are 24 Yeas, 26 Nays, none voting Present. And House Bill 3658, not having received the required constitutional majority, is declared failed. Senator Sullivan, on House Bill 3667. Senator Althoff, on House Bill 3678. Senator Althoff, on 3728. Ladies and Gentlemen, Supplemental Calendar No. 1 has been delivered to your desks. We will be going to consideration postponed. Senator Noland, on House Bill 876. This question has already been presented and debated on the Floor, so debate will be limited to one proponent and one opponent. So we will start with our proponent, Senator Noland.

Thank you, Madam President.

PRESIDING OFFICER: (SENATOR HALVORSON) Not -- just hold on second, Senator Noland. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.

Thank you, Madam President. Simply to reiterate reading of the bill, which states simply that House Bill 876 will provide that with respect to signs owned or leased by the State or a political subdivision, an area zoned for business, commercial, or industrial activities adjacent to and within six hundred and sixty feet of an Interstate highway and that is in Township 41 153  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 North, Range 10 east of the Third Principal Meridian, shall be deemed a “business area” for the purposes of the Act. I just want to reiterate that this is going to have absolutely no negative effect. It is a legal opinion of, not only, I understand, IDOT, the Illinois Department of Transportation, but several -- several other interests that -- bodies -- that this, as I say, will have absolutely no negative effect on the State or in violation of any federal law.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Risinger, as the opponent.

PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall House Bill 876 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 31 Yeas, 24 Nays, 0 voting Present. And House Bill 876, having received the required constitutional majority, is declared passed. Senator Risinger.

PRESIDING OFFICER: (SENATOR HALVORSON) That is always in order. Senator Risinger. Senator Risinger has requested verification. Will all the Members be in their seats? The Secretary will read -- the Secretary will read the affirmative vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Does Senator Risinger question the presence of any Members voting in the affirmative?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton. Is Senator -- no, Senator Hendon, he doesn’t look like you. Senator Cullerton in the Chamber? Mr. Secretary, if -- Senator Cullerton is not here, strike his name. Senator Risinger, do you question the presence of anybody else?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval is here. He was on the phone. Senator -- does Senator Risinger question the presence of any other Senator?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon is -- you just can’t see him today, because his jacket is a normal color. You know I love you.

PRESIDING OFFICER: (SENATOR HALVORSON) Is Senator DeLeo in the Chamber? Senator DeLeo’s right there.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Risinger, do you question the presence of any other Senator?

PRESIDING OFFICER: (SENATOR HALVORSON) 157  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Senator Delgado is right there. Anybody else, Senator Risinger?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs. Right there.

PRESIDING OFFICER: (SENATOR HALVORSON) Does the Senator question the presence of any other Senator voting in the affirmative?

PRESIDING OFFICER: (SENATOR HALVORSON) On a verified roll call, there are 30 voting Yea, 24 voting Nay, 0 voting Present. And House Bill 876, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, turn your Calendars to the -- page 31. We will be going back to House Bills 3rd Reading. Top of the order. Senator Link, on House Bill 4. Top of page 32. Senator Lightford, on House Bill 18. Senator Viverito, on House Bill 25. Senator Holmes, on House Bill 38. Senator Dillard, on 158  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 House Bill 50. Senator Demuzio, on House Bill 133. Senator -- Senator Althoff, on House Bill 250. Senator Hultgren, on House Bill 254. Senator Harmon, on House Bill 260. Senator Link, on House Bill 263. Senator Link, on House Bill 374. Senator Jacobs, on House Bill 405. Mr. Secretary, read the bill. Senator Jacobs seeks leave of the Body to return House Bill 405 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 405. Mr. Secretary, are there any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Syverson, to explain the amendment.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Syverson moves to adopt Amendment No. 1 to House Bill 405. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Demuzio, on House Bill 415. Senator 159  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Delgado, on House Bill 427. Senator Link, on House Bill 497. Senator Althoff, on House Bill 576. Senator Clayborne, on House Bill 617. Senator Harmon, on House Bill 703. Senator Forby, on House Bill 734. Senator Forby seeks leave of the Body to return House Bill 734 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 734. Mr. Secretary, have there been any amendments approved for consideration?

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

Thank you. Amendment No. 2. The -- the phrase “without delay” is changed to on emergency basis, according to guidelines estimated {sic} (established) by the Department administration of rules {sic}.

PRESIDING OFFICER: (SENATOR HALVORSON) Any discussion on the amendment? Senator Forby moves to adopt Amendment No. 2 to House Bill 734. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Link, on House Bill 743. Senator Wilhelmi, on House Bill 804. Senator DeLeo, on House Bill 811. Senator Harmon, on House Bill 822. Mr. Secretary, read the 160  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 bill. Senator Harmon seeks leave of the Body to return House Bill 822 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 822. Mr. Secretary, have there been any amendments approved for consideration?

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

Thank you, Madam President, Ladies and Gentlemen of the Senate. The underlying bill, House Bill 822, amends the -- the Animal Control Act with respect to dangerous dogs to create the classification of potentially dangerous dogs. The Floor amendment becomes the bill and it adds certain elements of Senate Bill 583. I think that was Senator Dillard’s bill. Those changes were requested by the Department of Agriculture. And, with that, I think we’ve eliminated any objection to the underlying bill. So, I’d ask that the amendment be adopted.

PRESIDING OFFICER: (SENATOR HALVORSON) Any discussion on the amendment? Seeing none, Senator Harmon moves the adoption of Amendment No. 2 to House Bill 822. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 161  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 3rd Reading. Senator Harmon, on House Bill 824. Senator Frerichs, on House Bill 828. Senator Cullerton, on House Bill 830. Senator Link, on House Bill 841. With leave of the Body, we will be returning to page 32. House Bill 133. Senator Demuzio seeks leave of the Body to return House Bill 133 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 133. Mr. Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter, to explain the amendment.

Thank you -- thank you, Madam Chair and -- Madam President and Ladies and Gentlemen of the Senate. Floor Amendment 1 provides for the assistance {sic} (issuance) of Law Enforcement Torch Run for Special Olympics license plates. So, I ask to adopt the amendment.

PRESIDING OFFICER: (SENATOR HALVORSON) …there any discussion on the amendment? Seeing none, Senator Hunter moves the adoption of Amendment No. 1 to House Bill 133. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 162  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 3rd Reading. With leave of the Body, we will be returning to House Bill -- 804. Page 33. Senator Wilhelmi seeks leave of the Body to return House Bill 804 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 804. Mr. Secretary, have there been any Floor amendments approved for consideration?

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

Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 3 to House Bill 804 makes clear some provisions…

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Wilhelmi, is this Amendment No. 1?

Believe it was…

PRESIDING OFFICER: (SENATOR HALVORSON) Are you explaining Amendment No. 1?

I’m sorry. Yes, let me -- let me go to Floor Amendment No. 1.

PRESIDING OFFICER: (SENATOR HALVORSON) Okay.

Thank you, Madam President. Floor Amendment No. 1 allows 163  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 State employees participating in the alternative formula to purchase an additional two years of past pension credits for time served in the armed forces.

PRESIDING OFFICER: (SENATOR HALVORSON) …there any discussion on the amendment? Seeing none, Senator Wilhelmi moves the adoption of Amendment No. 1 to House Bill 804. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne, to explain Amendment No. 2.

Thank you, Madam President, Members of the Senate. Floor Amendment No. 2 reflects a recent effort of the Village of Shiloh to improve the unfunded liability of its police pension fund. Due to a miscommunication between the municipality and the police department, some officers were unaware of the requirement they -- that they apply to participate in the fund within three months of employment. This amendment allows those employees who failed to apply within three months to participate in the fund. The police chief and village officials believe that the fund will be strengthened by increasing the number of members paying into it.

PRESIDING OFFICER: (SENATOR HALVORSON) Any discussion on the amendment? Seeing none, Senator 164  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Clayborne moves the adoption of Amendment No. 2 to House Bill 804. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Wilhelmi, to explain Amendment No 3.

Thank you, Madam President and Ladies and Gentlemen of the Senate. Floor Amendment No. 3 to House Bill 804 makes clear that provisions for -- for purchasing past military service in the -- in the State Employees Article are not intended to exceed the current five-year maximum. It also expands the ability to purchase military credits to all State employees, not just alternative formula members. And lastly, it ensures that employer contributions and interest are paid into the Shiloh Police Pension Fund.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Lauzen, on the amendment? Senator Wilhelmi moves the adoption of Amendment No. 3 to House Bill 804. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. With leave of the Body, we will be returning to page 35. House Bill 1292. Senator Clayborne seeks leave of the Body to return House Bill 1292 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 1292. Mr. Secretary, have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne, to explain the amendment.

Yes. 1292 retains the bill and what it does is, Floor Amendment No. 1 gives the ICC greater discretion in licensing third-party agents, brokers and consultants, engaged in the procurement or sale of electricity. It removes the annual expiration of licenses. Brings disclosure requirement in line with existing ICC licensing requirements for similar entities and deletes language that could be misconstrued as granting the ICC authority to supercede the Attorney General’s authority to administer the provision of the Consumer Fraud and Deceptive (Business) Practices Act. It also exempts a certain class of electric purchasers that are owned or controlled by a political subdivision, political {sic} (public) institution of higher learning or operated by any of its lessees or operating agents.

PRESIDING OFFICER: (SENATOR HALVORSON) Any discussion on the amendment? Seeing none, Senator Clayborne moves the adoption of Amendment No. 1 to House Bill 166  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 1292. 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?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Mr. Secretary, Message from the House.

PRESIDING OFFICER: (SENATOR HALVORSON) Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR HALVORSON) 167  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Resolutions Consent Calendar.

PRESIDING OFFICER: (SENATOR HALVORSON) We are waiting for some paperwork. So just to give you an idea, we’ll be sitting at ease for a little while. (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR HALVORSON) For a little information, we will be going to our Executive Appointments responsibilities. So if anybody was curious with - - we were doing. To fulfill our responsibilities under Article V, Section 9 of the Constitution, we will now proceed to the Order of Advise and Consent. Senator Hendon.

Thank you, Madam President. I move that the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in the Messages from the Governor, dated April 20th, April 26th, May 3rd, May 10th, May 18th, 2007; and in the Message of the Treasurer, dated March 19th, 2007.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon moves that the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in the Messages from the Governor, dated April 20th and 26th, and May 3rd, 10th and 18th of 2007; and in the Message from the Treasurer, dated March -- 19th, 2007. Mr. Secretary, 168  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.

Madam President, with respect to the Governor’s Message of April 20th, 2007, I will read the salaried appointment of which the Committee on Executive Appointments recommend that the Senate do advise and consent: To be a member of the Department of Employment and {sic} Security Review Board for a term commencing April 9th, 2007, and ending January 19th, 2009: Constantine -- Zografopoulos. Madam President, having read the salaried appointment from the Governor’s Message of April 20th, 2007, I now seek leave to consider the appointment on a roll call. Madam President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointment just read from the Governor’s Message of April 20th. All 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, none voting Present. A majority of the Senators elected 169  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.

Madam President, with respect to the Governor’s Message of May 10th, 2007, I will read the salaried appointment of which the Committee -- Committee on Executive Appointments recommends that the Senate do advise and consent: To be a Director of the Department of Financial and Professional Regulation for a term commencing May 14th, 2007, and ending January 19th, 2009: Jorge Solis. To be a Judge of the Court of Claims, for a term commencing May 4th, 2007, and ending January 19th, 2009: David Reid. To be a Judge of the Court of Claims for a term commencing May 4th, 2007, and ending January 21st, 2013: Donald Storino. Madam President, having read the salaried appointments from the Governor’s Message of May 10th, 2007, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the 170  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Governor’s Message of May 10th. All 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 54 Yeas, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.

Madam President, with respect to the Governor’s Message of May 18th, 2007, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the State Mining Board for a term commencing May 14th, 2007, and ending January 19th, 2009: Frederick Frederking. Madam President, having read the salaried appointments from the Governor’s Message of May 18th, 2007, I now seek leave to consider the appointment on a roll call. Madam President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate 171  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 advise and consent to the appointments just read from the Governor’s Message of May 18th. All 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, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.

Madam President, with respect to the Governor’s Message of April 20th, 2007, I will read the non-salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Illinois Finance Authority for a term commencing June 12th, 2007, and ending July 21st, 2008: William Barclay. To be a member of the Northern Illinois University Board of Trustees for a term commencing April 6th, 2007, and ending January 13th {sic} (21st), -- 2013: Robert Boey. To be a member of the Western Illinois University Board of Trustees for a term commencing April 6th, 2007, and ending 172  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 January 13th {sic} (21st), 2013: Michael Houston. Madam President, having read the non-salaried appointments from the Governor’s Message of April 20th, 2007, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of April 20th. All 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, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.

…with respect to the Governor’s Message of April 26, 2007, I will read the non-salaried appointments, of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be members of the Guardianship and Advocacy Commission 173  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 for terms commencing April 23rd, 2007, and ending June 30th, 2008: Senator Don Harmon and Representative Skip Saviano. To be a member of the Guardianship and Advocacy Commission for a term commencing April 23rd, 2007, and ending June 30th, 2009: Inez Torres Davis. To be a member of the Guardianship and Advocacy Commission for a term commencing April 23rd, 2007, and ending June 30th, 2010: Seymour Bryson. Madam President, having read the non-salaried appointments from the Governor’s Message of April 26, 2007, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of April 26. All 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 54 Yeas, 1 voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Senator Demuzio, for what purpose do you rise?

Yes, Madam President. I’d like to have my vote recorded as an Aye. Thank you.

PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect that you really don’t have anything against Don Harmon. Mr. Secretary, Committee Reports. 174  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.

Madam Secretary {sic}, with -- with respect to the Governor’s Message of May 3rd, 2007, I will read the non- salaried appointments, of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be members of the State Board of Education for terms commencing April 30th, 2007, and ending January 12th, 2011: Andrea -- Andrea Brown, David Fields, Vinni Hall, and Edward Geppert. To be a member and Chair of the State Board of Education for a term commencing April 30th, 2007, and ending January 12th, 2011: Jesse Ruiz. Madam President, having read the non-salaried appointments from the Governor’s Message of May 3rd, 2007, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of May 3rd. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who 175  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Yeas, none voting Nay, none voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon. Senator Viverito, for what purpose do you rise?

…Chairman, on that last bill, I hit my button but it didn’t work, so would you please record me? Thank you.

PRESIDING OFFICER: (SENATOR HALVORSON) …shall so reflect your intentions. Senator Hendon.

Madam President, with respect to the Governor’s Message of May 18, 2007, I will read the non-salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Guardianship and Advocacy Commission for a term commencing May 14th, 2007, and ending June 30th, -- 2008: Kenley Wade. To be a member of the Board of Natural Resources and Conservation for a term commencing May 14, 2007: David L. 176  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Gross. To be a member of the Northeastern Illinois University Board of Trustees for a term commencing May 14, 2007, and ending January 17th, 2011: Grace Dawson. Madam President, having read the non-salaried appointments from the Governor’s Message of May 18th, 2007, I now seek leave to consider the appointments on a roll call. Madam President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointments just read from the Governor’s Message of May 18th. All 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 54 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.

Madam President, with respect to the Treasurer’s Message of 177  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 March 19, 2007, I will read the non-salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Treasurer’s Personnel Review Board for a term commencing March 19th, 2007, and ending March 19th, 2013: Benjamin Ghess. Madam President, having read the non-salaried appointment from the Treasurer’s Message of March 19th, 2007, I now seek leave to consider the appointment on a roll call. Madam President, will you put the question as required by our rules?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? The question is, does the Senate advise and consent to the appointment just read from the Treasurer’s Message of March 19th. All 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 54 Yeas, none voting Nay, none voting Present. And a majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointments just read. Senator Hendon.

Thank you, Madam President. I move that the Senate arise from Executive Session.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon moves that the Senate arise from Executive Session. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate has arisen from Executive Session. Senator Jones, for what purpose do you rise? 178  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR HALVORSON) Ladies and Gentlemen, by now each of you -- each of you are enjoying sitting at ease so we’re going to continue to do that. (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR HALVORSON) Ladies and Gentlemen, we will be going to our Supplemental Calendar No. 2. Secretary’s Desk, Concurrences. Senator Radogno, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR HALVORSON) That will be printed on the regular Calendar, the daily 179  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 one. Maybe. Secretary’s Desk, Concurrence. Senator Demuzio, on Senate Bill 6. Mr. Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio, to explain your motion.

Yes. Thank you, Madam -- President and Members of the Senate. Senate Bill 6 with House Amendment No. 2 -- No. 1. Okay. House Amendment No. 1 amends the Public Aid Code access to psychiatric mental health services. It -- it amends the -- to -- the Code to mandate the Department of Healthcare and Family Services to reimburse -- psychiatrists and -- federally qualified health centers for mental health services furnished by psychiatrists via telepsychiatry. Also declares that the criteria for reimbursing these services must be established by administrative rule and details with such rules must be included.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Demuzio, have you explained Amendments 1 and 2? Go ahead with Senate Amendment No. 2.

And Amendment No. 2 retains the Senate Bill 6, as amended by House Bill {sic} 1. Clarifies that a licensed “health care”, rather than a “medical” professional must be present at the site where the patient is located during the telepsychiatry session.

PRESIDING OFFICER: (SENATOR HALVORSON) 180  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 6. All 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 53 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 and 2 to Senate Bill 6. And the bill, having received the required constitutional majority, is declared passed. Senator Haine, on Senate Bill 88. Mr. Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine, to explain your motion.

Thank you, Madam President and Ladies and Gentlemen of the Senate. This bill, Senate Bill 88, as you recall, was a bill that raised the sanctions against unlawful interference with public utility services. And what the House did is add an amendment which added wireless services or services regulated by the FCC.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 88. All 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 181  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 that question, there are 52 Yeas, none voting Nay, none voting Present. And the Senate concurs in House Amendment No. 1 to Senate Bill 88. And the bill, having received the required constitutional majority, is declared passed. Rules Committee will meet immediately in the President’s Antechamber.

PRESIDING OFFICER: (SENATOR MARTINEZ) Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR MARTINEZ) Committee announcements. Senator Demuzio, for what purpose do you rise?

The purpose of an announcement.

PRESIDING OFFICER: (SENATOR MARTINEZ) Please state your announcement.

Actually, Madam President, I have two announcements. State Government and Veterans Affairs will meet tomorrow morning at 10:45. And the second announcement is the -- that Education will be meeting tomorrow at 11:15.

PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you. Reverend Senator Meeks, for what purpose do you rise?

Madam Chairman, did you call me Representative?

PRESIDING OFFICER: (SENATOR MARTINEZ) I -- I sure did it this time, yes. Reverend - when we need it.

You did? So does that mean that Mike Madigan is now my leader? Reverend -- oh, I thought she said Representative Meeks.

PRESIDING OFFICER: (SENATOR MARTINEZ) No. Reverend Senator Meeks, can you state your announcement?

Thank you so much, Madam Chairman. And you’re doing such a 183  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007 delightful job in the Chair today. And, you also match the Majority Leader that you both have on that same color.

PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you.

The Human Services Committee will meet tomorrow at 10:30 in Room 400. Human Services. Thank you.

PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you.

Thank you, Madam.

PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you. Senator Clayborne, for what purpose do you rise?

For point of an announcement.

PRESIDING OFFICER: (SENATOR MARTINEZ) State your announcement.

Actually, I have two announcements.

PRESIDING OFFICER: (SENATOR MARTINEZ) State them both.

Executive will meet tomorrow morning at 10:45 in Room 212. That’s Executive Committee. And Environment and Energy will meet tomorrow morning in Room 212 at 10:30.

PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you. Senator Schoenberg, for what purpose do you rise? 184  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

Thank you, Madam President. I rise for the purposes of an announcement. The Appropriations II Committee will meet at 11:30 tomorrow morning in Room 212.

PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you. Senator Sandoval, for what purpose do you rise?

Thank you, Madam President. For purpose of an announcement.

PRESIDING OFFICER: (SENATOR MARTINEZ) Please state your announcement.

Committee on Commerce and Economic Development will meet tomorrow at 11:45 in Room 409.

PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you. Senator Crotty, for what purpose do you rise?

On a point of an announcement. Local Government will be meeting at 10 in the morning tomorrow in Room 409.

PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you. Senator Garrett, for what purpose do you rise?

Yes. Thank you, Madam President. Public Health will meet tomorrow in Room 400 at 10 o’clock.

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Harmon, for what purpose do you rise?

For purposes of announcing that the Senate Revenue Committee will meet tomorrow morning at 10:45 a.m. in Room 400. 185  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 45th Legislative Day 5/24/2007

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Haine, for what purpose do you rise?

Madam President, a point of information.

PRESIDING OFFICER: (SENATOR MARTINEZ) Please state your information.

Thank you, Madam President. The Insurance Committee will meet tomorrow morning, 11:30 a.m. in Room 400.

PRESIDING OFFICER: (SENATOR MARTINEZ) …you. Senator Wilhelmi, for what purpose do you rise?

For purpose of an announcement, Madam President.

PRESIDING OFFICER: (SENATOR MARTINEZ) State your announcement.

The Judiciary-Criminal Law Committee will meet tomorrow in Room 212 at 10:15.

PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you. On the Order of Secretary’s Desk on the concurrence on Senate Bill 214… Ladies and Gentlemen, can I please have your attention? There being no further business to come before the Senate, the Senate stands adjourned until the hour of 9 o’clock a.m., tomorrow, May 25th. The Senate stands adjourned. 186