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Illinois Senate Floor Debate — May 30, 2007

95th General Assembly (2007-2008) · Legislative day 49 · Regular Session
Chamber
Senate
General Assembly
95th (2007-2008)
Date
May 30, 2007
Legislative day
49
Session
Regular Session
Speaker turns
390
Original
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Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Ed Ingram, Western Oaks Baptist Church, Springfield, Illinois. Pastor Ingram.

PASTOR ED INGRAM

(Prayer by Pastor Ed Ingram)

Rickey R. Hendon (D)

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

Edward D. Maloney (D)

(Pledge of Allegiance, led by Senator Maloney)

Rickey R. Hendon (D)

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

Deborah Shipley

Senate Journal of Tuesday, May 29th, 2007.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

Mattie Hunter (D)

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

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Will all the Members under the sound of my voice, all the Senators, please come to the Senate Floor? Will all the Senators under the sound of my voice please come to the Senate Floor? Madam Secretary, 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Committee Reports.

Deborah Shipley

Senator Crotty, Chairperson of the Committee on Local Government, reports Senate Amendment No. 3 to House Bill 4 recommend Do Adopt. Senator Wilhelmi, Chairperson of the Committee on Judiciary- Criminal Law, reports a Motion to Concur in House Amendment No. 1 to -- Senate Bill 30 recommend Do Adopt. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports a Motion -- a Motion to Concur with House Amendments 1 and 2 to Senate Bill 1257 recommend Do Adopt. Senator Sullivan, Chairperson of the Committee on Agriculture and Conservation, reports Senate Amendment 3 to House Bill 822 recommend Do Adopt. Senator Cullerton, Co-Chairperson, and Senator Dillard, Co- Chairperson of the Committee on Judiciary-Civil Law, reports Motions to Concur in House Amendment No. 1 to Senate Bill -- I’m sorry, 355 and House Amendment 1 to Senate Bill 404 recommend Do Adopt. Senator Munoz, Chairperson of the Committee on Transportation, reports Motions to Concur in House Amendment No. 1 to Senate Bill 56 and House Amendment No. 1 to Senate Bill 169 recommend Do Adopt. Senator Garrett, Chairperson of the Committee on Public Health, reports Senate Amendment 6 to Senate Bill 5 and Motions to Concur in House Amendments 1 and 2 to Senate Bill 19 and House Amendments 1 and 2 to Senate Bill 264 recommend Do Adopt. Senator Meeks, Chairperson of the Committee on Human 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Services, reports Motions to Concur with House Amendment No. 1 to Senate Bill 108, House Amendments 1 and 4 to Senate Bill 244, House Amendment No. 1 to Senate Bill 284, and House Amendment 1 to Senate Bill 765 recommend Do Adopt. Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment No. 5 to Senate Bill 890 and Senate Amendment No. 3 to House Bill 617 recommend Do Adopt. Senator Lightford, Chairperson of the Committee on Education, reports a Motion -- Motions to Concur with House Amendment No. 1 to Senate Bill -- 397 and House Amendment No. 1 to Senate Bill 505 recommend Do Adopt. Senator Forby, Chairperson of the Committee on Labor, reports Senate Amendment No. 4 to House Bill 1855 recommend Do Adopt. And Senator Ronen, Chairperson of the Committee on Licensed Activities, reports a Motion to Concur in House Amendment No. 1 to Senate Bill 1226 recommend Do Adopt.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Resolutions.

Deborah Shipley

Senate Resolution 224, offered by Senator Watson and all Members. Senate Resolutions 225 and 226, offered by Senator Link and all Members. And Senate Resolution 227, offered by Senator Harmon and all Members. They’re all death resolutions, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Resolutions Consent Calendar. 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Deborah Shipley

And Senate Resolution 228, offered by Senator -- Murphy. It’s substantive.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Messages.

Deborah Shipley

A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 15. (Secretary reads title of bill) Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 1 to Senate Bill 15. We’ve received like Messages on Senate Bill 319, with House Amendment No. 1; Senate -- Senate Bill 340, with House Amendments 1 and 2; Senate Bill 345, with House Amendment No. 1; Senate Bill 446, with House Amendment No. 1; Senate Bill 473, with House Amendment No. 1; Senate Bill 486, with House Amendment No. 1; Senate Bill 532, with House Amendment No. 1; Senate Bill 547, with House Amendment No. 1; Senate Bill 577, with House Amendments 1 and 2; Senate Bill 580, with House Amendment No. 1; Senate Bill 595, with House Amendment No. 1; Senate Bill 599, with House Amendment No. 1; Senate Bill 641, with House Amendment No. 1; Senate Bill 680, with House Amendment No. 1; Senate Bill 841, with House Amendment No. 1; Senate Bill 1097, with House Amendment No. 1; Senate Bill 1165, with House Amendment No. 1; 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 and Senate Bill 1169, with House Amendment No. 1. All passed the House, as amended, May 29th, 2007. Mark Mahoney, Clerk of the House.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will all the Members under the sound of my voice please come to the Senate Floor? Will all Members under the sound of my voice please come to the Senate Floor? Would all administrative assistants please inform your Senator that we’re about to go to substantive Senate business? Madam Secretary, are there any communications?

Deborah Shipley

A letter dated May 28th, 2007. Dear Madam Secretary - Pursuant to Rule 3-2(c), I hereby appoint Senator John Millner to resume his position as Minority -- Spokesman of the Senate Judiciary-Criminal Law Committee and Senator Kirk Dillard shall resume his position on the Senate Judiciary-Criminal Law Committee. This appointment is effective immediately. Sincerely, Frank Watson, Senate Republican Leader. I have a letter dated May 29th, -- 2007. Dear Madam Secretary - Pursuant to Rule 3-2(c), I hereby appoint Senator Kimberly Lightford to resume her position on the -- Senate Revenue Committee. This appointment is effective immediately. Sincerely, Emil Jones, Jr., Senate President. And a like -- a -- letter from -- dated May 29th, 2007. Dear Madam Secretary - Pursuant to Rule 3-2(c), I hereby appoint Senator Kimberly Lightford to resume her position on the Senate Public Health Committee. This appointment is 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 effective immediately. Sincerely, Emil Jones, Jr., Senate President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) House Bills 1st Reading.

Deborah Shipley

House Bill -- 3477, offered by Senator Millner. (Secretary reads title of bill) 1st Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? It is the intention of the Chair to go to 3rd Readings, and we intend to do that. So, if you’re on the Senate Floor, you can get your bill called. If you’re not, you will not be able to get your bills called. House Bills 3rd Reading. We’re going to the bottom of page 30 -- middle of page 30. Senator Wilhelmi, for what purpose do you seek recognition, sir?

A. J. Wilhelmi (D)

A point of personal privilege, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your point.

A. J. Wilhelmi (D)

Thank you, Mr. President. Ladies and Gentlemen of the Senate. I have very special guests with me today in the President’s Gallery that include my mother and my father, Mary Beth and Art Wilhelmi, as well as my brother, Dave Wilhelmi, and his wife, Maggie, and their daughter, Sheila. Unfortunately, none of them are my constituents. They are the constituents of Senator Althoff and Senator Holmes. But it is great to have them here with us today in the Illinois Senate. 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise? Welcome to the Illinois Senate. The Wilhelmis. Welcome to Springfield. By way of announcement, it is the intention of the Chair, since I am Presiding Officer today, to get some business done. So we intend to do that. And of course, we will respect any request made by any Senator. Senator Lauzen, for what purpose do you rise, sir?

Chris Lauzen (R)

A point of personal privilege, Mr. President. It’s nice to see you this morning.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator. It’s nice to see you.

Chris Lauzen (R)

Thank you. I have an introduction today to the Senate. I have Patrick Root with us today from Springfield. My administrative assistant, Leslie Root, this is her son, Patrick. Patrick plays football. He wrestles. He runs the four-hundred meter for his grade school. Just graduated eighth grade. Won the Christian Witness Award and the St. Agnes scholarship. He’s a wonderful young man. I’d like you to help me welcome him to the Senate.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, young man. And you will learn a lot from that Senator that your are here with today. He is quite -- quite some Senator. Senator Althoff, for what purpose do you seek recognition?

Pamela J. Althoff (R)

Also point of personal privilege.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 State your point, Senator.

Pamela J. Althoff (R)

Thank you, Mr. President. I, too, have a Legislative assistant with me today. This is Tricia Pendergrast. She attends the Da Vinci Academy in South Elgin. She’s in eighth grade. She wants to become a political journalist. And she will graduate in seven days and is excited to be here in Springfield. May we welcome her?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Welcome to Springfield, young lady. Welcome. And congratulations on your graduation. Senator Righter, my friend, for what purpose do you seek recognition?

Dale A. Righter (R)

Thank you, Mr. President. And good morning to you. The Senate Republicans would request a caucus immediately in Senator Watson’s Office, Mr. President, for a half an hour, please.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, is there any possibility that you could hold off for about twenty minutes as a courtesy to the Presiding Officer of the day?

Dale A. Righter (R)

Mr. President…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

Mr. President, as much as I revel in the thought of being courteous to you, I first have to be courteous to the Republican Leader of the Senate, who’s asked for a caucus now, please.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Republicans have requested a caucus for thirty minutes. That -- it -- request is in order. We will return at 11:30. 11:30. That’s twenty-five minutes for the Republican Caucus. Senate stands in recess till call of Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Madam Secretary, Resolutions.

Deborah Shipley

Senate Resolution 229, offered by Senator -- Viverito, Emil Jones and all Members. Senate Resolution 230, offered by Senator Haine and all Members. And Senate Resolution 231, offered by Senator Clayborne and all Members. They’re all death resolutions, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Resolutions Consent Calendar. Would all the Members under the sound of my voice please come to the Senate Floor? Would all Members under the sound of my voice please come to the Senate Floor? We are about to go to substantial Senate action. You can turn your Calendars, for those who are on the Senate Floor, to page 30 of your Senate Calendars. Senate Bills 3rd Reading. Senate -- Senate -- House Bills 3rd Reading. Senator Hunter, for what purpose do you seek recognition? Senator Hunter. Are we ready for… Senator Hunter, for what purpose do you seek recognition? 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Mattie Hunter (D)

Thank you, Mr. President. Point of personal privilege.

Rickey R. Hendon (D)

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

Mattie Hunter (D)

We have some very important visitors here today. They’re from Chicago, Illinois, and they belong to a wonderful program, after-school program called Teen REACH. And they represent the Bronzeville, Lakeview, the Charles Hayes Family Investment Center, Southwest Youth Collaborative, ABJ, Alliance for Logan Square and the Illinois After-school Alliance. Plus we have six to seven parents and staff, who has traveled from Chicago to be with these young people. And I’d like to welcome them to the Senate.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise from Teen REACH? Welcome to the Illinois Senate. Welcome. Thank you, Senator Hunter. Will all Members under the sound of my voice please come to the Senate Floor? We’re about to go to substantial Senate business. Page 30 of your Senate Calendars, House Bills 3rd Reading. Will you please turn to the middle of your Senate Calendar? House Bills 3rd Reading. I know you’re getting the excellent food, but we are about to go to business. House Bills 3rd Reading. House Bill 4. Senator Link. Senator Link seeks leave of the Body to return House Bill 4 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 4. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Floor Amendment No. 2, offered by Senator Link.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

Thank you, Mr. President. This just amends the Airport Authority {sic} (Authorities) Act to add -- excuse me one second, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Certainly, Senator Link. This is amendment No. 2.

Terry Link (D)

…it adds…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Go right -- right ahead, Senator Link.

Terry Link (D)

Amendment 2 adds two -- no. We’re on -- is this Amendment 2?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is Amendment No. 2, Senator Link.

Terry Link (D)

Okay. Amendment 2 adds two commissioners to the Airport Authority and two commissioners, and then it adds authority for the creation of a Rail Authority to a board of commissioners in populations of between two hundred thousand and five hundred thousand people. Be more than happy to answer questions on 3rd Reading.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion on the amendment? Seeing none, Senator Link moves adoption of Amendment No. 2 to House Bill 4. All those in favor will say Aye. Opposed, say Nay. The 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Yes, Mr. President. Floor Amendment No. 3, offered by Senator Link.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link, on Floor Amendment No. 3. Senator Link.

Terry Link (D)

Thank you, Mr. President. Amendment 3 just clarifies the Rail Authority to just specify the reference to Winnebago County. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Link moves adoption of Amendment No. 3 to House Bill 4. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4. Senator Link, do you wish to proceed? Madam Secretary, read the bill.

Deborah Shipley

House Bill 4. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link. 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Terry Link (D)

Thank you, Mr. President. This retains the bill and just adds for the Springfield Airport Authority with populations -- adds an additional commissioner to the -- the board. Two -- two commissioners to the board.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, Senator Link moves -- House -- House Bill 4. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 4, having received the required constitutional majority, is declared passed. House Bill 25. Senator Viverito. Out of the record. House Bill 29. Senator Demuzio. Out of the record. House Bill 38. Senator Holmes. House Bill 118. Senator Sullivan. House Bill 250. Senator Althoff. 250. Madam Secretary, read the bill.

Deborah Shipley

House Bill 250. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff, on House Bill 250. Senator Althoff.

Pamela J. Althoff (R)

Thank you, Mr. President. House Bill 250 amends the Missing Children Records Act. It provides that a particular public or private preschool educational program, public or private child care facility, or a daycare home or group daycare home in which a child is enrolled for the first time shall notify in writing the 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 person enrolling the child that within thirty days he must provide either a certified copy of the child’s birth certificate or other reliable proof, as determined by the Department of the State Police, of the child’s identity and age and an affidavit explaining the inability to produce a copy of the birth certificate. This actually is -- current law is quiet on this requirement and we just want to put this into place.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there…

Pamela J. Althoff (R)

Be happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 250 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 250, having received the required constitutional majority, is declared passed. House Bill 260. Senator Harmon. House Bill 263. Senator Link. 263. Madam Secretary, read the bill.

Deborah Shipley

House Bill 263. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

Thank you, Mr. President. This amends the Election Code to 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 provide that qualified electors in precinct polling places in a school, that elector will be unable to enter the school to vote because the elector is a child sex offender and -- the elector may not {sic} vote early or by absentee ballot. Be more than happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 263 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 263, having received the required constitutional majority, is declared passed. House Bill 334. Senator Althoff. 334. House Bill 374. Senator Link. House Bill 415. Senator Demuzio. House Bill 427. Senator Delgado. House Bill 497. Senator Link. Madam Secretary, please read the bill. Senator Link seeks leave of the Body to return House Bill 497 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 497. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 3, offered by Senator Link.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

Thank you, Mr. President. This is a -- a number of changes, clarifications. I’ll be more than happy to discuss it on 3rd Reading. 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Link moves adoption of Amendment No. 3 to House Bill 497. All those in favor will say Aye. Opposed, say Nay. And the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3. Madam Secretary -- House Bill 497. Madam Secretary, read the bill.

Deborah Shipley

House Bill 497. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

Thank you, Mr. President. This amends the Illinois Banking and Savings {sic} (Savings Bank) Act and provides that no bank or savings bank may establish an office or a branch on or adjacent to premises -- an affiliate of a bank or savings bank if affiliate engaged in commercial activities that could not lawfully be conducted by a bank or a savings or -- holding company or a subsidiary of a bank or savings bank holding company pursuant to federal law. Know of no objection. Be more than happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Is there any discussion? Senator Rutherford.

Dan Rutherford (R)

Thank you, Mr. President. To address the legislation, if I may, please. I appreciate Senator Link and both of our staffs working together. There was quite a bit of -- of divisiveness on this piece of legislation, and through the cooperation of all parties, they were put in a room and did come out with a consensus bill. And, Senator Link, thank you for helping bring this about.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 497 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 497, having received the required constitutional majority, is declared passed. House Bill 576. Senator Althoff. Madam Secretary, read the bill.

Deborah Shipley

House Bill 576. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.

Pamela J. Althoff (R)

Thank you very much, Mr. President. House Bill 576 is very specific and deals with taxing districts that are located in two counties where an estimate evaluation was used when -- which created a prior year over or under extension for the county using 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 the estimated valuation in determining property tax levels. House Bill 576 corrects the problem by requiring that the limited rate for the year following the use of an estimate can be calculated with the prior year actual valuation. It’s a problem that came to our attention in Huntley School District 158. Came out of the Revenue Committee with one concern. We’ve addressed that concern with Senator Lauzen. He’s become a sponsor of the legislation. Be happy to answer any questions.

Rickey R. Hendon (D)

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

Don Harmon (D)

Thank you, Mr. President. Just to confirm that this did come out of the Revenue Committee with bipartisan support and I’d urge my colleagues to vote Aye.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 576 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 576, having received the required constitutional majority, is declared passed. House Bill 617. Senator Clayborne. Madam Secretary, read the bill. Senator Clayborne seeks leave of the Body to return House Bill 617 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 617. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 1, offered by Senator Clayborne. 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 requires the Director of DCFS to work with -- DCFS Inspector General regarding the status of corrective action and/or sanctions against employees or providers of service. The Office of Inspector General is allowed to operate independently from DCFS with respect to performance of investigations and issues findings or recommendations. Error Reduction Implementation Plans shall be developed by the OIG to remedy patterns of error or problematic practices that compromise the safety of children. The Error Reduction Implementation Plans shall have training and on-site components and shall have Error Reduction Safety Teams to implement these Plans. The public records shall be prepared regarding the Error Reduction Implementation Plans. DCFS child death review teams shall be funded under a separate line item in DCFS’ budget. The Child Death Review Teams Executive Council, from funds appropriated, may establish a Child Death Investigation Task Force, a three- year pilot program in southern region. The advisory boards for the Child Advocacy Centers around the State will be required to establish a written protocol for cases of serious or fatal injury to -- to a child.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. This is on the amendment, correct? Is there any discussion? Seeing none, Senator Clayborne moves adoption of Amendment No. 1 to House Bill 617. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 amendment is adopted. Are there any further Floor amendments approved for -- for consideration?

Deborah Shipley

Floor Amendment No. 3, offered by Senator Clayborne.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, on Floor Amendment No. 3.

James F. Clayborne Jr. (D)

Basically, all this bill {sic} does is require that the Inspector General shall involve frontline staff when there’s Quality Assurance teams and members that put plans in -- into effect, regarding Amendment No. 1.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none -- Senator Righter, on the amendment? Amendment No. 3. Senator Righter, on Amendment No. 3.

Dale A. Righter (R)

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

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. This is on the amendment, correct?

Dale A. Righter (R)

It is.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

Senator Clayborne, it’s my understanding from some conversations that take -- have taken place that Floor Amendment 3 was, the idea for it anyway, was put forward by AFSCME. Is that correct? And does it satisfy all of AFSCME’s concerns? 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

James F. Clayborne Jr. (D)

Yes, it was put by -- put forth by AFSCME. And I have some language that they would like for me to read to clarify and -- and establish intent.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Righter.

Dale A. Righter (R)

So -- thank you, Mr. President. So, it’s your understanding, Senator Clayborne, that with the adoption of the amendment and with the language you’re going to read on the Floor, that AFSCME is either neutral or in support of House Bill 617. Is that correct?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

James F. Clayborne Jr. (D)

That’s correct.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any further discussion? Seeing none, Senator Clayborne moves adoption of Amendment No. 3 to -- to House Bill 617. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 617. Madam Secretary, read the bill. 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Deborah Shipley

House Bill 617. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. President, Members of the Senate. The provision of this bill, including Floor Amendment 1 and 3, have been developed in concert with the Department of Children and Family Services, the offices -- Office of the DCFS Inspector General, representatives of the Child Death Review Teams/Executive Council, the Illinois State Police, the Sheriffs, State’s Attorneys, Chicago Advocacy -- Child Advocacy Centers and AFSCME. This bill intends to improve the State’s response to cases of serious or fatal injuries to children resulting from abuse or neglect, or sudden or unexpected or unexplained deaths of children. I would like to make it clear for the record that the communications between the Child Advocacy Centers and the Child Death Review Teams is wholly intended to assist in the coordination of efforts and to enable the comprehensive manner with -- these issues should be addressed. The sharing of information is not intended to interfere or place jeopardy in any part of the prosecutorial process. These are continuing concerns by AFSCME about the policies and procedures that will be implemented by the Office of Inspector General and DCFS in relation to the Error Reduction Implementation Plans, in terms of the impact on the frontline offices and workers who may be affected by -- those plans. I believe that this process is 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 intended to be constructive, not punitive, with respect to improvement in child welfare services and the operation of field offices - that frontline workers will be working -- cooperatively with the Department, and that development and -- implementation of these plans will benefit from the experience and opinions of the workers. I expect that the Department will solicit the input and involvement of its frontline staff throughout the process of implementing any plan to reduce errors and to assure the best possible outcome for children. I would ask for your favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 617 pass. All those in favor, say Aye. Opposed, say Nay -- will vote -- all those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 617, having received the required constitutional majority, is declared passed. The Chair would appreciate succinct descriptions of your legislation and questions. Senator Brady, for what purpose do you seek recognition, sir?

Bill Brady (R)

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

Rickey R. Hendon (D)

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

Bill Brady (R)

Mr. President, I am honored today to introduce to the Members of the Illinois Senate a constituent of mine and a son of 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Illinois, also a son of Kevin McCreight, one of our IT analysts here. His son, Brandon, is with us today. Brandon is a recent high school graduate of Riverton High School. His stepmom, Sonya, is in the audience and his mother’s listening on the Internet. The reason I asked Brandon to come here today is he has decided to step forward and serve our country. He will be leaving shortly to Camp Pendleton to represent us in the United States Marines as he serves our country. So I ask you to stand with me and recognize his dedication to service to our country.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will our guest -- welcome to Springfield, Brandon. May God be with you in serving this great nation of ours, the great nation of America. All of the people of Illinois most certainly appreciate your courage. Leader Watson, for what purpose do you seek recognition, sir?

Frank C. Watson (R)

Yes. Thank you, Mr. President. I’d like to withdraw a motion that I filed yesterday on Senate Joint Resolution 27.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Leader Watson. We appreciate that and the motion is -- withdrawal of the motion is filed. Thank you. Further business? House Bill 699. Senator Koehler. 699. House Bill 703. Senator Harmon. 703. House Bill 734. Senator Forby. Madam Secretary, read the bill.

Deborah Shipley

House Bill 734. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Senator Forby.

Gary Forby (D)

Thank you, Mr. President. House Bill 734 stated that the community provider agency that -- responds twenty-four hours a day, seven days a week, in the case of abuse or neglect that place a elder person at risk of injury or death.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 734 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 1 voting Nay, none voting Present. House Bill 734, having received the required constitutional majority, is declared passed. House Bill 743. Senator Link. House Bill 822. Senator Harmon. Madam Secretary, please read the gentleman’s bill. 822. Senator -- Senator Harmon seeks leave of the Body to return House Bill 822 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 822. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 3, offered by Senator Harmon.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, on your amendment.

Don Harmon (D)

Thank you, Mr. President. The amendment corrects an inconsistency between two definitions. It was requested by the committee. I’d ask that it be adopted. 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Harmon moves adoption of Amendment No. 3 to House Bill 822. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 822. Madam Secretary, read the bill.

Deborah Shipley

House Bill 822. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Over the last several years, we’ve adopted a series of measures aimed at protecting our families from dogs running at -- at -- at large. This is a continued refinement. We are creating the category of “potentially dangerous dog”; that is dogs running in packs. They are statistically more likely to pose a threat to -- to our families. We’ve also been able to cobble together pieces of other animal legislation that’s been moving this Session into what is, I believe, an agreed bill. I’m not aware of any opposition with the amendment.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 There any discussion? Senator Righter.

Dale A. Righter (R)

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

Rickey R. Hendon (D)

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

Dale A. Righter (R)

Senator Harmon, “potentially dangerous dog” in the bill is defined as any dog running with a group of three or more dogs. Is that correct?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

A dog that is unsupervised and found running at large with three or more other dogs.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

Are there any other parameters around that definition, Senator Harmon, insofar as the breed of the dog? I mean, let me -- let me pose an example for you. When we adjourn on time - because I have a lot of faith in -- in the -- in the Senate President to get that done - and we all go back home and I’m going for a walk in my neighborhood one afternoon and there is a pack of four wiener dogs running down the sidewalk with no supervision. Are those potentially a -- are any one of those potentially dangerous dogs under the definition of this bill?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, to answer the wiener dog question.

Don Harmon (D)

27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Senator, have you ever been attacked by a pack of wiener dogs?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

I have not, Senator Harmon, and now tonight I will rest easier knowing that the warden will have the opportunity to snatch those wiener dogs up before that happens. Thank you, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any further discussion? There is. Senator Burzynski.

J. Bradley Burzynski (R)

Thank you. Will the sponsor yield for a question?

Rickey R. Hendon (D)

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

J. Bradley Burzynski (R)

Thank you. Senator, just on a little bit more serious vein, my neighbor, my next-door neighbor - I live in the country - my next-door neighbor has three dogs. They’re all licensed, tagged, everything. I have one. What if those dogs are running in the field behind our houses - we’re not out there - could they be deemed a pack and be deemed to be vicious?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

Let -- I want to clarify a couple of things. First of all, there’s a great deal of discretion vested with the local animal control authorities in applying this. They could be deemed 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 potentially dangerous, which is a -- a -- several -- or two degrees below vicious. So all of the consequences of a dog being deemed vicious are not implicated by this bill. This does address the issue where there are multiple dogs running in a pack at large, unsupervised - not in hunting or hunting-related activities, not in a dog park, but really running at large. It just gives the animal control wardens an additional tool to -- to -- to deal with those animals, which do pose a much greater threat to our families.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.

J. Bradley Burzynski (R)

Thank you. I understand that, Senator. And -- and I don’t necessarily disagree with that. But when no other houses are around us, if we get an overzealous animal warden who says that my dog and my neighbor’s dogs back behind the houses there are potentially dangerous and he makes that suggestion, then -- then what’s my recourse to prove that they’re not potentially -- dangerous?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Sieben. Oh. Senator -- Senator Harmon.

Don Harmon (D)

Senator, I -- I’m afraid I need a little bit more information. Are these dogs running at large on your property or your neighbor’s property?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.

J. Bradley Burzynski (R)

In the farm field behind us, which neither one of us owns. 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

The -- the -- the -- the full spectrum of potential outcomes are that the dog would be spayed or neutered and microchipped before reclaim. The designation of potentially dangerous dog expires twelve months after the most recent violation. Again, I would -- I would think that this would fall clearly within the -- the prosecutorial discretion of the local animal control warden. I recognize your -- your point is not unfounded, but I think it may be a bit of a -- a -- an example we cite on the Senate Floor that may never come to pass.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski, are -- are you done, sir?

J. Bradley Burzynski (R)

To the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski, to the bill.

J. Bradley Burzynski (R)

Thank you, Mr. President. Well, to the bill: I understand what the sponsor’s trying to do and I understand that we do have a problem in some areas with vicious dogs and with dogs running in packs, but I am concerned about the possibility of an overzealous animal warden who is out in a rural area where dogs often run in three or four and what that might do, and not necessarily down the road or to anyone’s houses or anything. And so I do have a concern with this bill, and I just would urge my colleagues to be very cautious in their vote. One size does not necessarily fit all. Thank you. 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

Just a very brief response. And there’s -- the potential for that abuse exists today. An overzealous animal control warden could deem a dog dangerous in those circumstances. This I don’t think compounds the problem dramatically and I would urge my colleagues to support the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Sieben.

Todd Sieben (R)

Thank you very much, Mr. President. I rise in strong support of this legislation. Let me give you just a little bit of the genesis of this bill. It was introduced by my Representative, Jerry Mitchell, as a result of a fatality to a young girl in Erie, Illinois, couple of years ago, who was actually attacked by a -- a -- a pack of three dogs that were running unsupervised. They attacked her. They mauled her and she died from the injuries in that incident. And this legislation has been brought forward as a result of that. Senator Harmon has done an outstanding job trying to work with all the interest groups that -- to bring this legislation forward in a reasonable manner, and I would urge everyone to -- to vote Aye on this legislation.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Forby.

Gary Forby (D)

Thank you. Will the sponsor yield?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 He indicates he will. Senator Forby.

Gary Forby (D)

In my district, I live outside a -- a town. I have three outside dogs. My -- I have fourteen acres. My neighbor who lives next to me, he’s probably -- he’s got a couple dogs, maybe a couple. And then I got one house dog, too. Every now and then, you’ll look out there and running through the fields there’ll be my two neighbor’s dogs and my three and this little bitty little pup. I mean, is -- I mean, how -- how -- how could that be wrong? That’s more than three. I mean, I -- I can understand what they’ve said -- what Syverson {sic} (Sieben) said. I had a good friend where three dogs -- or three big dogs mutilated a -- a -- a young, and that’s wrong. But I don’t know the definition of a bad dog or three dogs. My dogs would probably lick you to death. They wouldn’t hurt you, you know. And they’d pest you. But my neighbor dogs come over too, so that’s five. That’d be six dogs. There are about twenty acres there they run around in. I don’t -- and I don’t think they would be an issue. And I don’t -- and I don’t like vicious dogs either.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

Thank -- thank you, Senator. And thank you for your question, Senator Forby. If -- if those dogs are running on your property or your neighbor’s property, I don’t expect that there would be any issue that would need to concern you or jeopardize your dogs. I also promise never to come back with a bill criminalizing overaggressive dog-licking. 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.

Matt Murphy (R)

Thank you, Mr. President. Question of the sponsor.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield, Senator Murphy.

Matt Murphy (R)

Senator Harmon, is there anything in this bill that would codify that specific breeds of dog are dangerous.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

No. Absolutely nothing breed-specific.

Rickey R. Hendon (D)

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

Don Harmon (D)

I ask for your Aye votes.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 822 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 1 voting Nay, 2 voting Present. House Bill 822, having received the required constitutional majority, is declared passed. We spent an awful lot of time on that bill. So, we’re going to pick up the pace. Senator Wilhelmi, for what purpose do you rise?

A. J. Wilhelmi (D)

Thank you, Mr. President. For a point of personal 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 privilege.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your point.

A. J. Wilhelmi (D)

Thank you, Mr. President. Ladies and Gentlemen of the Senate, Senator Althoff and I are very happy to have with us several guests from the Cary-Grove High School Swing Choir that you see in the President’s Gallery, who are led by Rob Boncosky. They just played in the Rotunda and were outstanding. Two of them happen to be my nieces, Katelyn and Erin Wilhelmi. And I’d like you to please welcome them to the Senate.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will the excellent choir of bipartisan nature please stand and be welcomed to the Illinois Senate? Welcome to the Senate, Ladies and Gentlemen. You look wonderful in your blue and white. I’ll have to get me an outfit like that. Welcome to the Illinois Senate. Perhaps we can get ‘em to sing a song if we get out of here on time. Moving on with our today’s Calendar. House Bill 824. Senator Harmon. House Bill -- out of the record. House Bill 828. Senator Frerichs. 828. House Bill 830. Senator Cullerton. Cullerton. 830. House Bill 1050. Senator Cullerton. House Bill 1074. Senator Halvorson. House Bill 1100. Senator Munoz. 1100. Senator Munoz. House Bill 1284. Senator Ronen. 284 {sic} (1284). Senator Ronen. House Bill 292. Senator Clayborne. I mean, 1292. House Bill 1514. Leader Watson. 1514. House Bill 1647. Senator Cronin. Senator Cronin seeks leave of the Body to return House Bill 1647 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 1647. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 3, offered by Senator Cronin.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.

Dan Cronin (R)

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This -- this amendment defines continuing education requirements for school counselors, school social workers, school psychologists, school speech-language pathologists, and school nurses; those professions holding a school service personnel certificate. The amendment outlines what activities constitute professional development activities. This was a negotiated bill. I know of no opposition. I ask for your favorable consideration.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, Senator Cronin moves adoption of Amendment No. 3 to House Bill 1647. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1647. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1647. (Secretary reads title of bill) 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.

Dan Cronin (R)

The amendment that I described moments ago is the bill. I ask for favorable consideration.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 1647 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 1647, having received the required constitutional majority, is declared passed. House Bill 1685. Senator Link. 1685. Senator Link. House Bill 1752. Senator Link. House Bill 1753. Senator Link. Madam Secretary, please read the bill.

Deborah Shipley

House Bill 1753. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link, on House Bill 1753. We’re going to go to -- Senator Link. This would be House Bill 1753, which is on the Order of 3rd Reading, which will be presented by Senator Terry Link, the great Senator of Lake County. Senator Link.

Terry Link (D)

Thank you, Mr. President, and especially for that great introduction, too. This amends the Election Code and creates 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Election Day Voter Registration Commission that will study the issue of registering new voters on election day. The Commission will report back to the General Assembly in findings. The Commission is abolished and this Section of the Act is repealed on January 1, 2009.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 1753 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present -- 4 voting -- 54 voting Aye, 4 voting Nay, none voting Present. House Bill 1753, having received the required constitutional majority, is declared passed. House Bill 1855. Senator Dillard. Madam Secretary, Senator Dillard seeks leave of the Body to return House Bill 1855 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 1855. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 4, offered by Senator Dillard.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. This amendment removes language that is offensive or was offensive to organized labor, and I’d move its adoption.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Is there any discussion? Seeing none, Senator Dillard moves adoption of Amendment No. 4 to House Bill 1855. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any -- further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1855. Madam Secretary, read the bill.

Deborah Shipley

House Bill 1855. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. This provides that an employee of a public works project may not possess or be under the influence of cannabis or a controlled substance. It requires the employer to maintain a substance abuse program. Provides disciplinary measures for employee noncompliance and requires drug and alcohol testing for employees be paid solely by the employer. And I’d appreciate a favorable vote. I know of no opposition and it’s agreed to by business and labor.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 1855 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 1855, having received the required constitutional majority, is declared passed. House Bill 1876. Senator Link. 1876. Senator Link. House Bill 1888. Senator Clayborne. 1888. House Bill 1917. Senator Link. 1917. House Bill 1926. Senator Haine. 1926. House Bill 1979. Senator Millner. 19 -- House Bill 2035. Senator Crotty. House Bill 2106. Senator Demuzio. 2106. House Bill 2179. Senator Demuzio. House Bill 3667. Senator Sullivan. House Bill 3728. Senator Althoff. House Bill… Ladies and Gentlemen of the Senate, we are about to go to Resolutions. Resolutions. Page 37 of your Calendar is Senate Joint Resolution 46. Senator Garrett, do you wish your resolution considered? Madam Secretary -- Madam Secretary, would you please read the resolution?

Deborah Shipley

Senate Joint Resolution 46. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Yes. Thank you, Mr. President. This resolution came as a separate piece from a recycling of electronics - a bill that I had that was not successful. But what we learned was that people really wanted to have the wireless providers and carriers do more work when it comes to recycling of cell phones. So, this resolution lays out several things that the carriers and providers and retailers must -- must do. And we could go into 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 the details, but I know that the President is a little anxious. But it’s all laid out for you and I’d -- I’d be happy to answer any questions.

Rickey R. Hendon (D)

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

Susan Garrett (D)

And it…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford.

Dan Rutherford (R)

Senator Garrett, you have another resolution that’s pretty interesting today as well. You said that this would lay out requirements for companies or users. Now, how does a Senate joint resolution establish requirements?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Yes. Thank you. It’s a directive. I’m -- it’s not a requirement. And this was actually agreed upon by the cell phone industry as well.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Rutherford.

Dan Rutherford (R)

Thank you, Mr. President. All right. What is a directive? If this resolution creates a directive for the cell companies to do, what does that mean and what happens if they don’t do it? What happens if they intentionally don’t do it? What happens if they accidentally don’t do it? And what happens if they don’t know that Senator Garrett has Senate Joint Resolution 46? 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Well, it’s a good question. I have spent a couple of months now working with the cell phone industry, the wireless industry, and we have been very clear with one another that ultimately we would have liked a piece of legislation that did require them to do these things, but that wasn’t going to happen this year. It’s not perfect. We can’t stand over them and -- and make sure that we do exactly what -- they do exactly what we ask them to do. I can go through the details of the resolution. I don’t know if you want me to do that. I mean, everybody has it in front of them.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford.

Dan Rutherford (R)

Mr. President, I realize that there is a desire to be expedited because we’ve got a whole bunch of budget stuff and gaming and -- and rate freezes and everything else we must get to quickly. But I really would prefer, if we don’t mind, Senator Garrett - and the reason is because I am on the Energy and Environment Committee in which you did present subject matter hearings on it - I participated in those. So, I guess I want to have, one more time, please, the clarity of this becomes a directive. What does that mean if they don’t do it, aren’t aware of it, or intentionally violate it?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Senator Rutherford, nothing happens. There is no penalty for this. I think it’s really the consumers in the State who it’s their will to see something like this happen and we intend to be very public about it and -- and hopefully have press conferences and put things out. But we’re really leaning on the wireless industry to monitor this. They say it’s voluntary. This is the best we could get under the circumstances.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford, now you know I have nothing but love for you, but the business of the Senate must continue. Senator Rutherford, if you could wind it up, I would appreciate it. Senator Rutherford.

Dan Rutherford (R)

And by -- and by calling on me, this is a way of showing your love, Mr. President. Thank you. Senator Garrett, then may I just assume that what you are calling as a directive today in this joint resolution really is nothing more than a sense of the Senate as to what we hope that someday may come about within the cell phone industry within -- with regards to recycling and reuse? Is that more accurate than perhaps a directive?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Actually, the cell phone industry themselves wrote this resolution. So, you know, I guess it’s -- it’s the feelings of the Senate that they move forward with this, but they themselves have said that they will follow through. So, I think it’s a -- it’s a little bit more than just the sense of the Senate. If the cell phone industry is willing to put this in writing, willing to 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 stand behind it, I think it is more than that and I -- I really do consider it somewhat of a directive.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett moves the adoption of Senate Joint Resolution 46. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Page 37 of your Senate Calendar. Senate Joint Resolution 52. Senator Schoenberg. Madam Secretary, read the resolution.

Deborah Shipley

Senate Joint Resolution 52. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Joint Resolution 52 is a -- a directive which encourages the Governor to incorporate within the capital budget one hundred million dollars annually, in the event that there is -- when there is a capital budget, for a comprehensive Illinois Special Places Acquisition, Conservation and Enhancement Program, or iSPACE. I know many of us, regardless of where we are in the State, place a great -- regardless of where we live in the State, place a great premium on conservation. We had a very spirited debate about this very issue just a -- a day or so ago. And this would do three things. One, establish a statewide land acquisition program that would protect the State’s most precious natural resources and also include matching grants to local governments as part of this. It would implement something called the Partners for Conservation Program, which we formerly knew as 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Conservation 2000, for land acquisition/management grants. And finally, it would implement the Hunting Heritage Protection Act by increasing the amount of land acreage available for hunting opportunities in Illinois. This is -- has a very broad range of support from all the conservation and hunting and forest preserve district groups, even the bicyclists are for this. There’s no - - and the park districts. There’s no opposition, and I urge you to support Senate Joint Resolution 52.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Schoenberg moves adoption of Senate Joint Resolution 52. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senate Resolution -- Joint Resolution 53. Senator Demuzio. Madam Secretary, read the resolution.

Deborah Shipley

Senate Joint Resolution 53. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

Deanna Demuzio (D)

Thank you, Mr. President and Members of the Senate. Senate Joint Resolution 53 urges support in the implementation of the Joint Task Force on Rural Health and Medically Underserved Area {sic} (Areas). And what -- we urge the Task Force on -- on Rural Health and Medically Underserved Areas. We recommend that each house in the General Assembly create a permanent standing committee charged with monitoring and advocating for the health needs of rural and medically underserved citizens of this State.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Is there any discussion? Seeing none, Senator Demuzio moves adoption of -- Amendment No. -- Senate Joint Resolution 53. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senate Joint Resolution 54. Senator Demuzio. Madam Secretary, read the resolution.

Deborah Shipley

Senate Joint Resolution 54. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Out of the record. House Joint Resolution 8. Senator Trotter. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 8. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. House Joint Resolution 8 reconstitutes the Legislative Task Force on Employment of Persons with Past Criminal Convictions. We originally passed this legislation last year. The filing date for a report was January 1st of 2007. Essentially, this resolution asks that we extend that date to October 31st, 2007.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, it is the opinion of the Chair that this joint -- this resolution requires the expenditure of State funds, and therefore a roll call must be taken. Those in favor of House Joint Resolution 8 will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Joint Resolution 8, having received the required constitutional majority, is declared adopted. House Joint Resolution 40. Senator Lightford. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 40. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Mr. President, Ladies and Gentlemen of the Committee {sic}. House Joint Resolution 40 is actually continuing on the Re-enrollment {sic} (Re-enrolling) Students Who Dropped Out of School Task Force. We’ve made ground this past year in identifying some of the causes that -- when people drop out of school, how can we re-enroll them back into the school system, the best practices and programs that will help students earn a high school diploma. We believe it would improve the community safety and our Illinois economy, and I’d be happy to answer questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, it is the opinion of the Chair that House Joint Resolution 40 requires the expenditure of State funds, and therefore a roll call must be taken. Those in favor will -- of House Joint Resolution 40 will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Joint Resolution 40, having received the required constitutional majority, is adopted. We’re about to go to your -- the Supplemental Calendar. Please get out your Supplemental Calendar. On the Order of Concurrences is… On the Order of Concurrences is Senate Bill 19. Senator Haine, do you wish to proceed, sir? Madam -- Madam Secretary, please read the motion on Senate Bill 19, Order of Concurrence.

Deborah Shipley

I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 19. Signed by Senator Haine.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

William R. Haine (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 19, as amended by House Amendment No. 1, is the -- the bill that we passed out of here with, I think, a unanimous vote, which mandates that the Department set up umbilical cord blood banks throughout the State. This House Amendment No. 1 takes the bill that Senator Schoenberg so ably crafted and passed out of the Senate - again, with a unanimous vote - which sets up criteria for the use of this -- this stem cell cord -- or the stem cells derived from this cord blood, has the transparency language and a number of other things that were well-favored to make it a long-standing and proper public policy. That’s basically the gist of it. It combines the two bills together.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Is there any discussion? Senator Pankau.

Carole Pankau (R)

Thank you, Mr. President. To the bill: This bill takes two bills, puts them together, adds a federal restriction on top of it, which was missed before, and puts the whole issue of stem cell banking into one bill. It deserves our Aye votes.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President. I, again, want to commend Senator Haine for strengthening the accountability and transparency standards for the use of public resources for stem cells, in this case for cord blood. And I encourage everybody, as well, to support this bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1 to Senate Bill -- 1 and 2… Senate Bill {sic} 1 and 2. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The Senate concurs in -- in House Amendments No. 1 and 2 to Senate Bill 19. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 30. Senator Luechtefeld. Madam Secretary, please read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 30. 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Signed, Senator David Luechtefeld.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.

David Luechtefeld (R)

Thank you, Mr. President, Members of the Senate. The -- the original bill, Senate Bill 30, amends the Illinois Controlled Substances Act and it requires the DHS to establish an electronic monitoring system for Schedules III through V controlled substances, as they currently are on -- on Schedule II drugs. Basically, this passed out of the Senate here 58 to nothing. It went to the House, it was amended with Amendment 1, and it made a few small changes. Those changes basically -- some where simply technical. The other -- another one added in that the information from this depository could be passed on to the authorities, the law… It added the county sheriff and the State’s Attorney and the municipal police department of Illinois. It also added -- provides that the dispenser of medication, also the -- prescriber of medication under the existing bill, shall be held harmless with civil liability for any adverse outcome that may be -- have occurred from making an inquiry of a person through the central depository database. Those are basically small changes. With those changes, it passed out of the House 118 to nothing. Would ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 30. All those in favor will vote Aye. Opposed, vote No -- Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments {sic} No. 1 to Senate Resolution -- SB 30. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 34. Senator Sieben. Senator Sieben. Madam Secretary. Out of the record. Senate Bill 56. Senator Link. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 56. Signed, Senator Terry Link.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

Thank you, Mr. President. This -- this amendment that they added adds a provision for current law that allows the ICC regulations for relocation of vehicles with a gross rate of exceeds {sic} ten thousand pounds in counties of Cook, Winnebago, Will and DuPage and Kane. I know of no opposition.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 56. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 56. And the bill, having received the required constitutional majority, is declared passed. Still on 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Supplemental Calendar No. 1. Senate Bill 108. Senator Haine. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 108. Signed, Senator William Haine.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.

William R. Haine (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. As you recall, Senate Bill -- or -- Senate Bill 108 expanded the definition of a -- of a “neglected child”, a “neglected minor” to include a child who’s been provided interim crisis intervention services and whose parent refuses to permit the child to return home. This is to prevent the increase in the numbers of children wandering the streets basically without a home, subject to abuse, criminality, whatever. In the House, Representative Harris, who ably handled this bill, amended the bill to further tighten the -- the criteria to determine if a child is a neglected minor. This was at the suggestion of the Cook County State’s Attorney’s Office. Kathleen Bankhead is -- had a big role in this and we appreciate her input. And it tightens the definition so that the parents are the key players in -- and not unfairly blamed in certain situations that are rare, but that the child just becomes obdurate.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 108. All those in favor will vote 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Aye. Opposed -- vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 108. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 169. Senator Link. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the -- in the adoption of their Amendment No. 1 to Senate Bill 169. Signed, Senator Terry Link.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

Thank you, Mr. President. This retains the bill, but what it does is it adds that the Secretary of State may issue a license plate to private colleges or university located in adjoining states that has not less than ten thousand alumnis {sic} -- rising in the -- rising {sic} (residing) in the State of Illinois. I know of no opposition. I’ll be more than happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none -- Senator Dillard.

Kirk W. Dillard (R)

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

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Dillard. 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Kirk W. Dillard (R)

Senator Link, do you have a list of what these colleges are in adjoining states that have ten thousand alums in the State of Illinois?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

I don’t have a total list, but to name a few of ‘em, there’s Notre Dame, St. Louis University, Marquette, to name a few of ‘em that would qualify for the ten thousand that we know of in the State of Illinois that are over the ten thousand. There probably are more, but those we are sure of already.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

Kirk W. Dillard (R)

Senator Link, the money raised from these plates, where would it go?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

It would require that -- the revenue to be used for the sole purpose of scholarship grants awarded to the Illinois residents.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

Kirk W. Dillard (R)

The residents that go to those universities in adjoining states, or a more general definition of student?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link. 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Terry Link (D)

Yes. To those adjoining states, to those universities.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. To the bill: You know, as much as I have great respect for Senator Link, I got to tell you, I think -- and I’d like to hear - and I wish I had time to hear - from Illinois’ institutions as to how they feel about this. You know, I think for those of us who like the University of Illinois, I’m not sure that I would want what I would call - and I use this term in a friendly fashion - a competing university driving around and being helped by Illinois taxpayers to have license plates all up and down our roads. We have, as Senator Rutherford always points out, and I’m as guilty of this as anybody, many, many, many vanity plates that are out there. But I think we have probably crossed the line when we are having license plates for institutions or causes that are outside of the Land of Lincoln. And while I’ve got great respect for the Notre Dames and Marquettes of the world, I’m not sure how Loyola or DePaul would feel about having Marquette license plates rolling all over metropolitan Chicagoland. I haven’t had time to talk to Father Holtschneider, the President of DePaul, and I haven’t had time to ask Ron Zook, from the Fighting Illini, whether he wants to see Iowa Hawkeye and University of Wisconsin license plates running around with those plates in areas where he’s trying to recruit students to our institutions. So, you know, until I hear from how our private and public institutions in the State of Illinois feel about this, I would urge all of you to vote No or 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Present like I’m going to, because I want to know how our institutions here in Illinois feel. I think this may end up hurting Illinois private universities. It may hurt the University of Illinois. And we’re here in the eleventh hour of this Session and I certainly have not had a lot of input about this. But if there’s one thing that I learned from my former employer, Jim Edgar, who used to be the Secretary of State, sort of like education, everybody in Illinois loves license plates. They’re fanatical about license plates, and I think I want to hear some public input. I’d certainly like to hear from the college presidents in Illinois about how they feel about this. But if you care about the University of Illinois, DePaul, Loyola, and places like that, I don’t think this is a very good vote for you, although I’m sympathetic to certainly helping Illinois students who go to those great universities in other states that surround us with their tuition.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard. Senator Dillard, I have been quite patient. You have gone way beyond your time, sir, and I would appreciate if you would wrap it up. I mean, seriously, I have been quite patient with you. Senator Dillard.

Kirk W. Dillard (R)

Point -- on a point of personal privilege. You know, here we are. You know, we’re going to sit around for five or six hours today probably doing not a lot and, you know, this is late in the year. This is an important bill. We haven’t seen this bill. There’s been no public notification of this type of activity. I bet you, you know, the Senator from the University of Illinois probably hasn’t had a lot of contact from those 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 people about how they may feel. So, you know, we’re going to have a lot of time. We’re going to be here for a while. I know you’re trying to get us out by next…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard. Senator Dillard. And I will certainly come back to you, but I said when I got in the Chair today, and everyone does recognize, we’re trying to move Senate business forward. It is my responsibility to do that. I simply pointed out to you, sir, that I had been quite patient and I hope the speakers that follow you will -- will take that under consideration. That’s all I’m saying. Senator Dillard.

Kirk W. Dillard (R)

…know we -- I know we started almost an hour late today from the Calendar, which said we were going to be at 10 o’clock in the morning, so I’ll shut up. This is not a good bill at this particular time.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford.

Dan Rutherford (R)

Mr. President, thank you. Here’s an opportunity, Ladies and Gentlemen, to stop the -- the floodgates. Here’s an opportunity for you to say, “You know what? I haven’t been able to do it with any of the others, but maybe I can do it on this one.” Mr. President, I would ask for a roll call vote on this amendment, please.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There is -- this is a Motion to Concur, so you -- there’s an automatic roll call. You will get your roll call. Senator Maloney. 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Edward D. Maloney (D)

Thank you, Mr. President. I have a question for the sponsor.

Rickey R. Hendon (D)

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

Edward D. Maloney (D)

Senator Link, just a point of clarification. The moneys that is generated from the sales of these license plates goes where?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

It -- it goes to scholarships for Illinois students, residents, to those particular universities.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) I almost hate to announce this, but WMAQ and FOX News seeks leave to videotape. Is leave granted? Leave is granted. Senator Maloney.

Edward D. Maloney (D)

Thank you, Mr. President. I -- I have sons who are alum of both the universities we’re talking about, but I, too, have my doubts whether or not that we should be sending our moneys to these universities, even though it goes to Illinois students. So, I’m going to have to think on this. Thank you very much.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any further discussion? Seeing none, Senator Link, to close.

Terry Link (D)

I just want to clarify something. First of all, it’s 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 private universities. The last I knew, Iowa, Michigan, Michigan State and all the other Big Ten universities with the exception of Northwestern, which is in the State of Illinois, are not private universities. So, they wouldn’t even qualify for this. This is alumnis. Alumni can spend their money any way they want to help students. They’re deciding to help scholarships. The University of Illinois, DePaul, Loyola, already can have these license plates in Illinois. They have the opportunity to have these license plates. We’re not taking away from them. I have a daughter and a son-in-law who are graduates of the U of I. I am a proud parent from the U of I. I love the U of I. I am not going to do anything to harm the U of I. But I think as everyone else, they are proud of the universities they’ve graduated from. If they have ten thousand - that’s ten thousand alumni - we are only talking about a handful of universities in this State that have that many alumni. If they want to spend extra dollars and buy a license plate to have pride in their university and help an Illinois resident have a scholarship to go to the university, why not? It’s not costing us any money. It’s helping those students get an education. I see no harm in this. Let’s help those students get a good education. I would ask for an affirmative vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 169. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 18 voting Nay, and 1 voting 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 169. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 244. Senator Garrett. Madam Secretary, please read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendments No. 1 and 4 to Senate Bill 244. Signed, Senator Susan Garrett.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Yes. Thank you again, Mr. President. Senate Bill 244 basically resolves some of the issues that we’ve been talking about during this Session, including putting a task force together that will conduct a complete evaluation of the Certificate-of-Need program and make recommendations to the General Assembly and Governor no later than March 1, 2008. The task force will also have nine {sic} (19) voting members, four of which will come from this Chamber, four of which will come from the House. And the task force will be abolished then in August of 2008 and the Health Facilities Planning Act will be extended to August 31, 2008. We’ve added a provision that the bill -- in which the Department of Public Health is immediately to update the existing bed inventory and associated bed need projections, and that an appropriate migration factor for medical-surgical and pediatric categories of service must be at least fifty percent. And again, the Department of Public Health must provide written documentation on the rationale used to set this migration factor. And then, finally, the migration factor is intended to ensure 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 that there’ll be appropriate and immediate adjustments in bed inventories and standards of need for areas experiencing major expansions and shifts in population. I’d be happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Leader Watson.

Frank C. Watson (R)

Yes. Thank you, and a question of the sponsor, if I might.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) She indicates she’ll yield. Go ahead, Leader Watson.

Frank C. Watson (R)

Thank you. The -- the makeup of the task force, our analysis here and maybe I’m -- I’m reading the wrong amendment, but it says Amendment No. 1 has -- the Attorney General has one representative.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Senator, the -- there has been a subsequent amendment where the Attorney General will participate herself, and then there will be four consumers who must have some health care expertise that will also be participating.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Leader Watson.

Frank C. Watson (R)

Thank -- yes. Thank you. Well, why would we give the Attorney General five positions on this task force when it’s a Legislative task force? Why -- why not the Treasurer? Why not the Comptroller? Why not others? I mean, why would we just 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 single out the Attorney General here?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Well, the -- as you know, the Attorney General has been and her office have been very involved with hospitals, charity care and some of the consumer-related health care issues throughout the State. So, I do think it makes sense. Having her on the task force, I think, is essential. Having a balance of consumers, and not just Legislators and -- and other types of health care experts, is -- I think you need to have that balance. And I think that’s exactly what this amendment does.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Leader Watson.

Frank C. Watson (R)

Well, I don’t quarrel with the fact that she should be a member, but to have five -- four additional appointments to that board seems excessive. And -- and when it’s our responsibility the Legislative responsibility, to move forward with some sort of recommendation, this will now be controlled, I believe I’m correct, by both the Governor and the Attorney General versus the Legislative branch, which to me ought to have the biggest input.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Well, Senator Watson, as you know, we will have four members from this particular Chamber. There’ll be four members from the House. So right there, there are eight Legislators that are going to be participating. So, if you look at the eight versus 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 the five, the Legislative impact is -- is greater than the Attorney General’s impact. But I don’t want this to be skewed and I don’t want anybody to think that it’s an us-against-them scenario. The Attorney General’s presence is -- is, I think, best represented because she believes that consumers should also be part of this, because, after all, consumers are the ones who - - who will be participating in the growth of -- of our hospitals across the State.

Rickey R. Hendon (D)

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

Dale A. Righter (R)

Thank you, Mr. President. To the motion. Thank you very much. Ladies and Gentlemen of the Senate, I rise in support of the Motion to Concur on Senate Bill 244. Senator Garrett has done her best to explain the makeup of a task force from an amendment from which she did not craft, and -- and we appreciate that. And it’s my hope that -- that the bipartisan spirit that Senator Garrett referred to before will dominate the discussions despite the look of the task force. It’s important that we put this task force together and study whether or not we should continue the Certificate-of-Need process. I would urge an Aye vote. Thank you, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1 and 4 to Senate Bill 244. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 The -- the Senate concurs in House Amendments No. 1 and 4 to Senate Bill 244. And the bill, having received the required constitutional majority, is declared passed. There will be a Rules Committee meeting immediately in the President’s Anteroom. Rules Committee immediately. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Halvorson, Chair -- Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Education Committee - a Motion to Concur with House Amendment No. 1 to Senate Bill -- 446, Motion to Concur with House Amendment No. 1 to Senate Bill 641, and Motion to Concur with House Amendment No. 1 to Senate Bill 841; refer to Environment and Energy Committee - Motion to Concur with House Amendment 1 to Senate Bill 680, Floor Amendment 4 to House Bill 828 and Floor Amendment 2 to House Bill 1292; refer to Financial Institutions Committee - Motion to Concur with House Amendment No. 1 to Senate Bill 1169; refer to Human Services Committee - a Motion to Concur with House Amendment -- House Amendments 1 and 2 to Senate Bill 340 and a Motion to Concur with House Amendment No. 1 to Senate Bill 595; refer to Judiciary-Civil Law Committee - a Motion to Concur with House Amendment No. 1 to Senate Bill 319 and a Motion to Concur with House Amendment No. 1 to Senate Bill 486; refer to Judiciary-Criminal Law Committee - Motion to Concur with House Amendment No. -- House Amendment No. 1 to Senate Bill 532; refer to Local Government Committee - Motion to Concur with House Amendment No. 1 to Senate Bill 345, a Motion to Concur with House Amendment No. 1 to Senate Bill 599, Floor Amendment No. 1 to House Bill 1685 and Floor Amendment No. 1 to House Bill 1752; refer to Public Health Committee - a Motion to - 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 - to Concur with House Amendment No. 1 to Senate Bill 15, a Motion to Concur with House Amendment No. 1 to Senate Bill 547, and Floor Amendment No. 7 to Senate Bill 5. Senator Debbie Halvorson, Chairman. May 30th, 2007.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Okay. We’re going to return to our Supplemental Calendar. Senate Bill -- Senate Bill 264. Senator Cullerton. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 264. Signed, Senator John Cullerton.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. I move to concur with the House Amendments 1 and 2 to Senate Bill 264. When we passed this bill out of the Senate, it passed even with the opposition of the Medical Society and the Hospital Association. It had to do with birth centers. But as I indicated at the time that we were going to continue to work with those opponents, and fortunately we were able to work out an agreement to receive their support by tightening up the -- the legislation. And we now have -- I believe the Hospital Association is neutral and the doctors are neutral. This has to do with birth centers. We made some clarifications that the birth center may only admit patients without past or current pregnancy complications. We clarified the -- the travel time distance between the facility and -- an acute care hospital as 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 thirty minutes of ground travel time. We permit -- prohibit the administration of general anesthesia. We declare that if a -- a birth center employs certified nurse midwife, must be the Director of Nursing and Midwife {sic} (Midwifery) Services who is responsible for the policies for the facility. It requires an -- a -- a certified nurse midwife to attend each woman in labor from the time of admission through the birth. Requires a second staff person to be present for the birth. And they’re prohibiting -- prohibited from discriminating against any patient due to their source of payment. And finally, we require the Department to make public reports to make sure that there’s transparency; that is, the Department of Public Health must require centers to publicly report the ownership of the center, and admissions, discharges, complications, any deaths, and the like. So, with that, I believe this is an agreement. It’s a historic bill, and I would ask for an Aye vote.

Rickey R. Hendon (D)

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

Carole Pankau (R)

Thank you, Mr. President. The sponsor is to be commended. To get the hospitals and the docs to be neutral on this bill after they fought it with all their strength is a win-win for everybody. I urge your Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Garrett.

Susan Garrett (D)

Yes. I stand up to also congratulate and thank the sponsor. I did vote No on this, if I remember correctly, because I didn’t think the safety precautions were in place, and -- and now you’ve 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 done an outstanding job. And -- and I’m sure for those that did vote No, I would urge a -- an Aye vote on this. Thank you, Senator Cullerton.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 264. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 and 2 to Senate Bill 264. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 284. Senator Crotty. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 284. Signed, Senator Maggie Crotty.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

M. Maggie Crotty (D)

Thank you very much. House Amendment No. 1 to Senate Bill 284 -- satisfies the concerns expressed by the Department of Human Services. It changes three homes for adolescents with autism who are between fifteen and up to eighteen years of age from CILAs to now what we call group homes, which are licensed by the Department of Children and Family Services. It was asked in committee why that change was there and it was because CILAs are for persons eighteen years and older and the Department has no 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 mechanism for licensing those homes. It also adds that an eligible service provider shall represent the following: A minimum of five years experience serving individuals with autism residentially and have -- successfully supported individuals with challenging behaviors; it also -- to demonstrate that staff have equal experience in both those regards; and they must have a full-time board certified behavior analyst on staff.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 284. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 284. And the bill, having received the required constitutional majority, is declared passed. Page 2 of your Supplemental Calendar is Senate Bill 355. Madam Secretary, read -- read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 355. Signed, Senator William Haine.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) …Haine.

William R. Haine (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Real quick, remember the -- this was a bill which gave the Secretary of State authority to deny certain filings, which 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 they’re mandated by law to file, if the Secretary concludes these are frivolous filings. Some group, a -- a militia group, decides to file a -- a bad credit rating or some lien against a judge - this has happened around the State and around the United States - it affects the person’s credit rating, just to harass the person. We passed that out. The House added a -- an amendment tightening that up. The amendment just requires this discretion, when it’s denied, to go through several other steps - one being the business committee, one being the counsel - because these -- this is giving an unprecedented authority to the Secretary to deny what is a -- a administerial duty to file. So -- and the Secretary supports it, I presume.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is - this if final action - shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 355. All those in favor will vote Nay. All those opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 355. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 397. Senator Demuzio. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 397. Signed, Senator Deanna Demuzio.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Senator Demuzio.

Deanna Demuzio (D)

Yes. Thank you, Mr. President and Members of the Senate. House Amendment No. 1 to Senate Bill 397 has two components. And the first alters the figures used in the calculation of special education personnel reimbursements to reflect a hundred-and- eighty-day school term, rather than a hundred-and-eighty-five-day school term. And it also requires each publisher of any printed textbook to also provide an accessible electronic file set of contracted print material to the National Instructional Materials Access Center.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 397. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 397. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 404. Senator Demuzio. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 404. Signed, Deanna Demuzio.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio. 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007

Deanna Demuzio (D)

Yes. Thank you, Mr. President. House Amendment No. 1 to Senate Bill 404 relaxes the requirement that a person must fulfill in order to receive the civil liability protection for use of an AED. It -- it expands the Good Samaritan Act to grant certain disaster relief volunteers additional immunity in times of disaster.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 404. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 404. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 505. Senator Cullerton. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 505. Signed, Senator John Cullerton.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) …Cullerton.

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. I move to concur with the House Amendments. This bill, when it left, deals with, and still does, energy-efficient school construction. The House changed the -- the scheme, but it’s the same principle. It 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 removes the adjustment in the grant index for school districts seeking green building school construction. And it says that beginning after July 1st, 2007, that all school construction projects must be certified by one of three rating agencies. There is a backlog in this fund. I’m told it’s as much as five years, unless we put more money into it. So, there would be a waiting time before this would, in effect, go into effect. But it’s a good idea. It would encourage the school buildings to be -- promote long-term energy savings, which in the long run obviously makes it less expensive. So, I’ll be happy to answer any questions, and ask for an…

Rickey R. Hendon (D)

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

J. Bradley Burzynski (R)

Thank you, Mr. President. To the bill: First of all, I’d like to indicate that the sponsor has -- has done some things on here that are positive. The schools that are already entitled by the State of Illinois and are awaiting funds for the school construction program, I think, are excluded from this particular -- excluded from the requirement to be green. The ones that are already entitled. Yes. That’s…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator…

J. Bradley Burzynski (R)

Yeah.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski. Senator Burzynski.

J. Bradley Burzynski (R)

Thank you. Yes. I -- the -- the -- Senator Cullerton 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 looked up as I said that, but I -- I think I was correct in that. So, that’s -- that’s a positive in this bill, is that those schools that are already entitled or already in the process, it’s my understanding, are -- are removed from it. I want to point out to the Members of the General Assembly that this will increase the cost, at least the immediate cost. Hopefully, there will be some long-term savings to schools as they look forward to building and -- and doing other things. But there is an immediate, I think, cost increase in any kind of construction project that a school will participate in if they’re looking for State funds as well. So, I need to point that out. Secondly, this is a school mandate. Thirdly, we don’t really know yet what those criteria are going to be - I believe, is part of the discussion we had in committee - as to what the criteria will be to be considered green. And so, I would just urge my colleagues to look at this bill and look at the long-term effects that it could have on their school districts. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Jose More from the Chicago Tribune seeks leave to take photos. Is leave granted? Leave is granted. Senator Cullerton, to close.

John J. Cullerton (D)

Yes. Thank you, Mr. President. Just to clarify a few things. I agree with Senator Burzynski. That’s correct. The way the House amendment was drafted, all of the pending applications, which we’re told it could be a five-year wait, should be processed first. This does not apply to them. Secondly, there -- there should be little, if any, additional cost for the applicants, ‘cause all they’re doing is getting 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 certified. They get a form off -- off line and then they just -- they get -- they get certified by one of these three agencies. And -- but the fact is, of course, that long-term, very short -- shortly after they build the building, they start reaping the benefit of the reduced energy costs. And the additional cost to the school ranges from zero to maybe six percent, and on average is only 1.65-percent increased cost, which is quickly made up by the savings. So, with that, I believe it’s a very good idea and ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 505. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, 9 voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 505. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 765. Senator Crotty. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of the -- of their Amendment No. 1 to Senate Bill 765. Signed, Senator Maggie Crotty.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

M. Maggie Crotty (D)

Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. When Senate Bill -- 765 first came to me in this 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 Session, after working on it for the last two Sessions, it was called “Money Follows the Person”. And between the time that it passed the Senate and went to the House, I’m happy to say that we have now a federal grant that will allow that to now be Money Follows the Person. So the amendment keeps the original intent, which is to allow persons with disabilities and seniors more choice in where they live and receive long-term care services. The amendment essentially puts into legislation the Money Follows the Person grant just awarded to the State from the federal government. This grant will bring 55.7 million dollars to the State, primarily in enhanced Medicaid match over the next five years. The amendment requires the Departments of Human Services, Aging, Children and Family Services, Public Health and Healthcare and Family Services to identify and reduce barriers to enable individuals who -- to receive support for appropriate and necessary long-term care services in settings of their choice. The amendment does not create an entitlement to community-based services. The purpose of the Act is to codify and reinforce the State’s commitment to promote individual choice and to control the -- and increase utilization of home and community-based services. Since this amendment simply codifies the Money Follows the Person grant, I’m happy to report to Senator Donne Trotter that it will have no fiscal impact.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 765. All those in favor, vote Aye. Opposed will vote Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 On that question, there are 59 voting Aye, none voting Nay, and none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 765. And the bill, having received the required constitutional majority, is declared passed. Chair would appreciate succinct descriptions of your legislation. Senate Bill 1226. Senator Ronen. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1226. Signed, Senator Carol Ronen.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Ronen.

Carol Ronen (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The -- the -- it was a minor change made when this went to the House. This bill has to do with allowing clinical psychologists from other states to come and help in Illinois when there are natural disasters. The change made was to allow those people to come when granted a temporary license. This is agreed to, and I would ask for a favorable roll call.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 1226. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 1226. And the bill, having 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 received the required constitutional majority, is declared passed. Senate Bill 1257. Senator Clayborne. Madam Secretary, please read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. -- Nos. 1 and 2 to Senate Bill 1257. Signed, Senator James F. -- Clayborne.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

James F. Clayborne Jr. (D)

Yes. House Amendment No. 1 basically provides that the Department of Public Health may adopt rules to implement a program establishing procedures for the parties that provide mold remediation services to register with the State and provide evidence of financial responsibility. Number two provides that the provisions of the Mold Remediation Registration Act shall not apply to persons licensed in -- in accordance with the Structural Pest Control Act.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 1257. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 and 2 to Senate Bill 1257. And the bill, having received the required constitutional majority, is declared passed. The Senate shall stand at ease. 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 (SENATE STANDS AT EASE/SENATE RECONVENES)

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) The Senate Rules Committee will meet immediately in the President’s Anteroom. The Senate Rules Committee will meet immediately in the Senate President’s Anteroom. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Halvorson, Chairperson of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Commerce and Economic Development Committee - Motion to Concur with House Amendment 1 to Senate Bill 1097; refer to Education Committee - Motion to Concur with House Amendment 1 to Senate Bill 1165; refer to Executive Committee - Floor Amendment No. 3 to House Bill 25; refer to Local Government Committee - Motion to Concur with House Amendment No. 1 to Senate Bill 253 and Floor Amendment No. 2 to House Bill 1752; and refer to State Government and Veterans Affairs Committee - Floor Amendment No. 4 to House Bill 743. Senator Debbie Halvorson, Chairman. May 30th, 2007.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Silverstein, for what purpose do you rise?

Ira I. Silverstein (D)

Mr. President and Ladies and the -- Gentlemen, I move to waive all posting requirements so that House Bill 1750 can be heard in the Executive Committee today.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) Senator Silverstein moves to waive all posting requirements 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 so that House Bill 1750 can be heard in the Senate Committee on Executive today. All in favor will say Aye. Opposed, Nay. The Ayes have it. The motion is adopted. I will be making some announcements, so I would hope everybody will be listening very carefully, of some committee announcements. At 5 p.m., Judiciary-Civil Law, Public Health and Local Government. At 5:30, Judiciary-Criminal Law. At 5:45, Environment and Energy and Human Services. At 6 p.m., Education. At 6:15, Financial Institution and Commerce and Economic Development. At 6:30, Executive and State Government and Veterans Affairs. Madam Secretary, Communications.

Deborah Shipley

I have a letter dated May 30th, 2007. Dear Madam Secretary - Pursuant to Senate Rule 2-10, I hereby establish May 31st, 2007, as the committee deadline and May 31st, 2007, as the 3rd Reading deadline for House Bill -- 1750. Sincerely, Emil Jones, Jr., Senate President.

Terry Link (D)

PRESIDING OFFICER: (SENATOR LINK) The Senate will stand at recess to the call of the Chair. After committees, the Senate will reconvene to receive Committee Reports and all further Floor action. The Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. There being no further business to come before the Senate, the Senate stands adjourned 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 49th Legislative Day 5/30/2007 until the hour of 10 a.m., tomorrow, May 31st, 2007. The Senate stands adjourned. 79