Illinois Senate Floor Debate — May 31, 2007

PRESIDING OFFICER: (SENATOR HALVORSON) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desks, and will the guests in the galleries please rise? The invocation today will be given Dr. Richard Ahlgrim, Berean Baptist Church in Springfield, Illinois.

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

(Pledge of Allegiance, led by Senator Maloney)

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. ABC 7 in Chicago wishes to videotape the -- the proceedings if leave is granted. Seeing no objection, leave is granted. Illinois Information Service also wishes to videotape. Seeing no 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 objection, leave is also granted to them. Madam Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions Consent Calendar. Madam Secretary, Committee Reports.

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

PRESIDING OFFICER: (SENATOR HALVORSON) All Members please come to the Senate Chambers. We are going immediately to House Bills 3rd Reading. They expire today. The deadline is today. If you wish to move your bill, it has to be done. And we’re going to be going to that order of business right now. CBS Channel 2 in Chicago seeks leave to videotape the proceedings. Seeing no objection, leave is granted. Channel 19 ABC seeks leave to videotape the proceedings. Seeing no objection, leave is granted. We will be starting on page 30, House Bills 3rd Reading. Our first one is going to be Senator Viverito. Senator Viverito. House Bill 29. 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Senator Demuzio. In case -- so -- any of you do not know, today is the deadline day. We would like for all Members to come to the Senate so we can begin our work. We are on House Bill 29. Senator Demuzio. With leave of the Body, we’ll be returning to that. Senator Holmes, on House Bill 38. Senator Sullivan, on House Bill 118. Senator Harmon, on House Bill 260. Top of page 31. Senator Althoff, on 334. Senator Link, on House Bill 374. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link. Out of the record. Channel 20 News wishes to videotape the proceedings. Seeing no objection, leave is granted. Senator Demuzio, on House Bill 415. Senator Delgado, on House Bill 427. Senator Koehler, on House Bill 699. Senator Harmon, on House Bill 703. Senator Link, do you wish to proceed on House Bill 743? Senator Link seeks leave of the Body to return House Bill 743 to 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 743. Senator Link. Madam Secretary, are there any Floor amendments approved for consideration?

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

6  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Thank you, Madam President. This changes just some technical changes. It’s agreed-upon change. I’ll be more than happy to talk about it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Link moves the adoption of Amendment No. 4 to House Bill 743. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 743. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

Thank you, Madam President. This creates the Prompt Payment Act. Provides for all contractors, unless -- expressly excluded, shall be -- deemed provider if the contractor performed -- accordance with the provisions in the contract, the billing and provide -- by the owner and owner’s agent. This is an agreed-upon bill. I know of no opposition now with the amendment. I’ll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR HALVORSON) 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Is there any discussion? Seeing none, the question is, shall House Bill 743 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And House Bill 743, having received the required constitutional majority, is declared passed. Journal- Register wishes to take pictures. If there’s no objection, leave is granted. Senator Harmon, on House Bill 824. Senator Haine, on House Bill 828. Senator Haine seeks leave of the Body to return House Bill 828 to 2nd -- Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 828. Madam Secretary, have there been any amendments approved for consideration?

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

Thank you, Madam President. This is Amendment No. 2. This is an agreed amendment between the wireless characters {sic}, the public safety community and the Illinois Commerce Commission. This bill came over from the House and it had a dollar and a half for all users of cell phones outside the City of Chicago. The -- all the groups agreed to lower the wireless fee from seventy-five cents to seventy-three cents. In addition, there’s a one-time transfer from the Carrier Fund to the public safety community for some of their infrastructure 8  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 needs and for a definitive consultant’s study of their future needs. Everyone agreed -- agreed with that. That’s Amendment 2.

PRESIDING OFFICER: (SENATOR HALVORSON) Any discussion on the amendment? Senator Righter, on the amendment? Senator Haine moves the adoption of Amendment No. 2 to House Bill 828. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

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

Thank you, Madam President and Ladies and Gentlemen of the Senate. This amendment changes a part of the bill, allowing the ICC more discretion in choosing a consultant. And this was made at the request of the ICC. Again, everyone agreed to this amendment.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Haine moves the adoption of Amendment No. 3 to House Bill 828. See -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine, to explain Amendment No. 4.

Thank you, Madam President, Ladies and Gentlemen of the Senate. This amendment was quite recent. It -- the proponent is the City of Chicago. And the City of Chicago came in and asked if they could amend the bill to allow an increase for cellular fees in the City from a dollar and a quarter to two- fifty. The reason for this was the complexity of Chicago’s law enforcement apparatus, given the highly urban densities there. The second reason is the fact that this money would be used for emergency preparedness and homeland security efforts which are necessary in order for the City to be given great weight in its application for the Olympic Games. This was run by the 9-1-1 community and the wireless carriers and they agreed. There was no disagreement.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Haine moves the adoption of Amendment No. 4 to House Bill 828. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 828. Mr. Secretary, read the bill. 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

I -- I would ask support for this bill. This bill was brought forward and -- and Senator Frerichs was the initial sponsor. I picked up the amendments because Representative Don Moffitt was the sponsor in the House and we are respectively Chairs of our fire caucuses. This was initially a fire caucus bill and a 9-1-1 bill in order to assist 9-1-1 -- or 9-1-1 operations throughout the State. And the City of Chicago’s addition also assists their 9-1-1 operation and, again, is necessary for the implementation of measures to have them be given great weight in their application for the Olympic Games, which is, of course, a terrific benefit for the entire region and the State of Illinois generally, including my district. The -- it is important to note lastly that Chicago’s a Tier 1 terrorist target and this money will be used to mitigate that threat, number one. Number two, we are merely, by this bill, authorizing the City of Chicago to implement the fee. So we are not implementing the fee in the City of Chicago. We are giving that authority to his Honor, the Mayor, and the fifty members of the City Council to do so in their sound discretion.

PRESIDING OFFICER: (SENATOR HALVORSON) Phil Rogers of NBC Chicago TV seeks leave to record the proceedings. Seeing no objection, leave is granted. Senator 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Righter.

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

Thank -- thank you. It is a current one-dollar-twenty-five per month. And it would go up -- it would authorize the City to impose up to two dollars and fifty cents per month.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

Thank you, again, Madam President and Senator. This is -- anyone with a cell phone with a mailing address -- billing 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 address, I presume, in the City of Chicago.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

Thank you for that question, Senator, and Madam President. Yes, that’s correct. It goes into a dedicated fund to be used for these antiterrorism measures and the improvement of the 9-1- 1 response. It’s a dedicated fund, cannot be used, as I understand it - and that would be the intent of this legislation - for General Revenue Fund purposes.

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.

Thank you, Madam President, and, Senator, for that question. The answer’s no. There’s nothing that… I’m sorry. 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 I stand to be corrected. There is -- for the downstate portion, there is a one-time transfer, in consideration of the reduction, of eight point some million into the 9-1-1 communities to upgrade their -- their services. But that’s -- that’s it. And that was to do a study and to enable them to upgrade their infrastructure in consideration for reducing the cellular rate to seventy-three cents.

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

Thank you, Madam President. To the bill: As the sponsor stated, the revenue generated would be allocated only to emergency preparedness and homeland security. I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine, to close.

I -- I would urge an Aye vote. This is a bill that benefits the entire State and it improves 9-1-1 services. It improves the antiterrorism capabilities of the City of Chicago that is now attempting to achieve a huge benefit for the entire Midwest and the United States with the Olympic Games. So, I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 828 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And House Bill 828, 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 having received the required constitutional majority, is declared passed. Senator Cullerton, on House Bill 830. On the top of page 32, Senator Cullerton, on House Bill 1050. With leave of the Body, we will possibly return to 1074. Senator Munoz, on House Bill 1100. Senator Ronen, on House Bill 1284. Senator Clayborne, on -- Senator Clayborne seeks leave of the Body to return House Bill 1292 to 2nd Reading for the purpose of an amendment. Hearing no objection, leave -- or -- leave is granted. On the Order of 2nd Reading is House Bill 1292. Mr. Secretary, have there been any Floor amendments approved for consideration?

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

Floor -- Floor Amendment No. -- Floor Amendment No. 2 is a extension of the telecommunications rewrite from -- July 1st, 2007 to July 1st, 2009.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Clayborne moves for the adoption of Amendment No. 2 to House Bill 1292. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 3rd Reading. Now on the Order of 3rd Reading is House Bill 1292. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

Thank you, Madam President and Members of the Senate. I’ve discussed 1292 before and basically it makes changes and requires the ICC greater discretion in licensing third-party agents, brokers, consultants, engaged in the procurement or sale of electricity. It also sunsets -- extends the sunset of the telecommunications rewrite from July 1st, 2007 to July 1st, 2009.

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

Yes. Is there any -- will the sponsor yield?

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

Senator, could you tell me who’s for and who’s against this bill? Is there any opposition to the bill that you’ve been made aware of?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 As recently as Tuesday, I was told that the brokers are probably against this bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.

Is there -- is there some -- are there some brokers that are exempt under the -- the way the bill is drafted and others that have to be covered? Is that the -- the nature of the opposition of the -- as far as you know?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

No. What the -- what the brokers are saying, that -- that they have to register, but the retail suppliers they’re saying are exempt.

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

Yes. Will the sponsor yield?

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

Senator Clayborne, I have actually received several calls from the energy providers - brokers, I -- I’m assuming - who are concerned because what they’re saying is that they are going to have to make available their customer list. They find that to be extremely noncompetitive. And I think when I talked to you, you said there was going to be an amendment that was added on 17  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 that would -- would reverse that. Has that happened?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

My understanding, that there’s a -- possibly going to be a -- an amendment added to a House bill. I’m -- I’m thinking it’s either 1346 or 1366. 1366 in the -- in the House.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

But we don’t have any assurances that that’s going to happen.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

…was told by the sponsor that that would -- that that would happen.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

And when -- when would that happen?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

I’m -- I’m not in the House. I guess whenever he gets to it.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett.

18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 This is not a detail. This is -- I think if we’re really looking for fairness and equity, we want to make sure that there is a level playing field and that brokers, especially, don’t have to jump through hoops to provide information that, in all fairness, I don’t know other industries that -- that do this - have to give their customer list out. And, you know, it’s going to be a tough vote for me, especially, to vote for this, because I think what we’re doing is taking sides. And, I think, ultimately, that can lead to some real problems down the field. If you -- if you believe sincerely that this amendment’s going to be added -- and you talked about Representative Holbrook, I believe, is adding this amendment. And you haven’t had any further discussions with him?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

I talked to him the other day. But, obviously, I’ve had so much on my plate, I have not followed up with this. I assume that that’s what he’s going to do. But to answer your question, Senator, this is not about the brokers. It’s not about the retailers. The brokers didn’t bring this bill forward. The retailers did to protect consumers, because in other states, brokers, retailers have taken advantage of consumers and they’ve had them to buy contracts and enter into contracts and had no intention of providing them power. Because what happens is, if they don’t have a presence here, they could come here and allow our consumers to enter into contracts and pay it and then they go somewhere else. This is a measure designed to protect consumers. So, if you’re not for protecting consumers, then you 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 probably would vote against this.

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

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

Well -- well, to answer your question, the reality of it is they don’t want to be regulated. They want to just be allowed to come into the State and just operate and -- and perform -- conduct their business. So, what -- what you see in this bill is an -- is a compromise that came up between the retail supplier and suggestions that came from the Illinois Commerce Commission. If you don’t pass this, then they’re allowed to function free of any restrictions; nobody legitimizing them to say that they’re truly a legitimate business. They will be 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 allowed to come in here and function with no accountability, with -- with -- with the consumers not being able to say that they’ve met certain standards. So, if you vote against this, you’re voting not to protect the consumer from companies that may come in and take advantage of -- of our consumers. The other point, too, is, if you remember, I passed a bill out probably back in February - same identical bill except we made changes because the universities had problems and there were certain municipalities and political subdivisions that had problems. So, the brokers are -- are late - and I’m not discounting that, but the point I’m saying is this is to try to help the consumer.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hultgren.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

The brokers came to see me May 28th, which was, I think, Monday.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hultgren.

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

I have a question for the sponsor.

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

Senator Clayborne, were consultants, people who don’t really procure the energy services for someone else, but consultants that would go into a company or a school district and assess that company or school district and then come up with an energy savings plan - those are known as consultants - were they at the table?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

Whoever -- whoever wanted to come to the table were allowed to come to the table. As I said, we passed a bill out of here in February. If I don’t hear from the brokers until May 28th, how do I know that there’s a problem? I mean, the real issue 22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 here is none of the retail suppliers want to be regulated. They don’t want to be regulated. They don’t want to be required to come in here and establish standards. They just want to be able to come in here, operate, sell contracts, and go back home.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty.

My question wasn’t for the retailers. My question was for the consultants. And I know that we’ve had discussion. And even -- even in my discussions with persons that were at the table and have supported this, at first, in that scenario, they said, no, those consultants would not be in the bill. And then after they looked a little bit more, they came back and told me that those - and these are licensed consultants in the State of Illinois - still fall under this bill, even though they don’t procure, but they will come up with a recommendation after -- and also giving all the information from all the other energy sellers out there. Just that alone would put them underneath this -- this bill. And I also have a person that happened to call me, was -- didn’t realize that this was there, and I -- after me working on it, I realize that they’re also in this, even though they’re not procuring or selling or have anything to do with energy companies out there. So…

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne.

The law applies to consultants, who -- as -- as the laws read, brokers and consultants engaged in the procurement or sale of electricity. If they’re not helping them to procure or sell 23  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 electricity, then I would say that they’re -- they are not -- they do not come within -- up under this law and they don’t have to participate. It only deals with those who are helping procure or sell electricity.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, Senator Clayborne, do you wish to close?

I would just ask for your favorable vote in that this -- if we don’t do anything, then we are not protecting the consumers. They will be taken advantage of because we have no way -- they will have no way to measure or check and determine whether this is a legitimate company or not. And I would say, let’s vote to protect the consumers.

PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall House Bill 1292 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 Yeas, 6 voting Nay, none voting Present. And House Bill 1292, having received the required constitutional majority, is declared passed. Senator Watson, on House Bill 1514. Senator Link, on House Bill 1685. Senator Link seeks leave of the Body to return House Bill 1685 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1685. Madam Secretary, have there been any Floor amendments approved for consideration?

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

Thank you, Madam President. The amendment becomes the bill. I’ll be more than happy to speak on it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Link seeks approval to adopt Amendment No. 1 to House Bill 1685. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1685. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

Thank you, Madam President. This bill is the amendment that would create the Agreement Among States to Elect the President by the National Popular Vote Act. This Act is an interstate agreement among members of states to elect the President and Vice President by statewide popular vote. It is - 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 - it is to establish a process by which a presidential slate receives the largest popular vote by national -- shall be instead of a slate of delegates by the Electoral College. It’s basically electing people for President and Vice President the same way every individual in this room is elected, by the people directly, not indirectly in other ways. I’ll be more than happy to answer any questions.

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

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

About thirteen states have had this under action right now. One has totally ratified it.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link. 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

This is the compact agreement.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.

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

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

Thank you, Madam President. To the bill: I, too, rise in support of this legislation. It’s ironic that this bill is being presented two hundred and twenty years to the week to the time the delegates got together and created the system. If you think about back then when they created this system, there was a division amongst the Southern states and the Northern states and 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 the system was developed on the basis of apportioning congressional districts and accounting for population by counting slaves, and counting slaves and people of color, like myself, as three-fifth of a person. Now that went into counting the electoral votes, yet the -- those who were counted as three- fifth of a person for the apportionment of the electoral votes could not vote. So, I beg to differ with my colleague, Senator Althoff, on the other side of the aisle that this system has worked. Quite frankly, I don’t think it’s worked in the past two elections. So, I think it’s time for us to change this system and -- and -- and to reflect upon how the system was developed and to divorce ourselves from that part of history and to allow the people of the United States - all of the people of the United States - to elect its leader.

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

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

Thank you, Madam President, Ladies and Gentlemen of the Chamber. I rise in opposition to this measure. I -- I think -- I -- I agree with the comments of Senator Raoul, and I think as 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 a result of that, as you look at how the function of the Electoral College has changed by practice and by amendment to the Constitution, it is not the same system as it was over two hundred years ago. We do -- each state popularly elects the electors. My concern is just this, that I believe minority representation is stronger in the Electoral College system than it would be in a nationwide election. A small -- a minority of, say, ten or fifteen percent in one state can make a difference and influence the outcome of that election. That ten or twelve percent in one state becomes a smaller and smaller minority nationwide and I fear that -- that people lose representation. I believe that the Electoral College supports minorities, and that’s why I oppose this bill.

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

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

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

PRESIDING OFFICER: (SENATOR HALVORSON) Excuse me, Senator Righter.

PRESIDING OFFICER: (SENATOR HALVORSON) It’s getting pretty loud in here. Please keep it down so we can hear.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link.

Thank you, Senator Righter. You know, obviously I’m not a lawyer, but I’m a proponent of lawyers, and I know you’re a lawyer, so I -- I’m very much a proponent of lawyers. But actually you just made my case for me, because had we had the popular vote in the year 2000, we would have not been in Florida, because there would have been President Gore, who would have won by five hundred thousand votes in a popular vote, and we wouldn’t have needed to had a challenge in the State of Florida to worry about the electoral vote. It would have been over with the popular vote. We wouldn’t have never had to go through that nonsense. We would have never had to worry about the Supreme Court. We would have never had to worry about any of the court challenges. It would have been over election night. Al Gore would have been sworn in as President in January, and we would have had a lot better society today. 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.

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

Thank you, Madam President. We -- we’ve heard some very interesting comments, but one of the largest comments are we’re in -- we’re in a lot of different technology than we were in 1776. I don’t think we had the Internet then. I don’t think we had television then. I don’t think we had radio then. I don’t think we had a lot of things back then that we would have been 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 able to broadcast a message throughout the United States. So the Electoral College was probably needed back then. And a lot of other things were probably needed then. We never needed what Senator Raoul talked about. That never was needed in this country and I’m glad we changed that. But I want to tell you, in the last election, twenty-seven states, twenty-seven states out of fifty were uncontested states one way or the other, Republican or Democrat. So the people of those states didn’t even know basically who was running for President in the way other states were known. They didn’t have the opportunity of seeing President Bush or John Kerry coming into their state, because twenty-seven states were declared they were going to go one way or the other because of the electoral vote. If we have a popular vote, we will be able to see the message of either presidential candidate and they will be coming to our State. They will understand they need to get the popular vote. They will need to get the message to every voter. They will need to have the people like we have to, where we go to every part of our State. And I want to address one message: When we talk about minority participation, in the State of Texas - almost twelve percent African-American, over thirty-two percent Latino - it was a state that was uncontested. Neither presidential candidate went into the State of Texas. Maybe the results would have been different in a popular vote had we done it different. I ask you to ratify this so -- we may only be the second state to do it, but it’s a beginning, it’s got to start somewhere, and I think Illinois should be on the forefront. I ask for a affirmative vote.

PRESIDING OFFICER: (SENATOR HALVORSON) 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 The question is, shall House Bill 1685 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 Yeas, 22 Nays, 0 voting Present. And House Bill 1685, having received the required constitutional majority, is declared passed. Senator Forby, for what purpose do you rise?

Personal -- privilege.

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

I got a guy here from my hometown. He’s the Mayor of Sesser, Illinois. He’s a fantastic mayor. He’s got a small town. And you go in his town, it looks like a -- a -- sort of a city. The streets are fantastic. He’s done a fantastic job. Another thing about this guy, he used to have my seat here. He used to be a State Senator. I want you to welcome Ned Mitchell from Franklin County.

PRESIDING OFFICER: (SENATOR HALVORSON) It’s so good to have you here, Mr. Mitchell. Welcome to Springfield. Senator Koehler, for what purpose do you rise?

Madam President, point of personal privilege.

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

Today we have with us a teacher from Pekin High School. I guess they’re out of school now, but he’s a wonderful teacher. 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Teaches government and civics. His name is John McCabe. He’s been teaching for over twenty-three years. I’d like to have you welcome him to the Senate.

PRESIDING OFFICER: (SENATOR HALVORSON) Will our guest rise? Welcome to Springfield. It’s good to have you here. Senator Link, on House Bill 1752. Senator Link, on 1876. 1876. Senator Clayborne, on House Bill 1888. House Bill 1888. With leave of the Body, we will come back to House Bill 1888. On the top of page 33, we have Senator Link on House Bill 1917. Senator Link. House Bill 1926. Senator Haine. House Bill 1979. Senator Millner. House Bill 2035. Senator Crotty. Senator Crotty. House Bill 2106. Senator Demuzio. House Bill 2179. Senator Demuzio. Senator Sullivan, on House Bill 3667. Senator Althoff, on House Bill 3728. Ladies and Gentlemen, we will be going to your Supplemental Calendar No. 1. Everybody should have a copy of that on their desk. The first one is Senate Bill 15. Senator Harmon. Madam Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any… Oh! Senator Harmon, to explain your motion.

Thank you, Madam President, Ladies and Gentlemen of the Senate. The underlying bill is the Perinatal Mental Health Disorders Prevention and Treatment Act, commonly known around here as the postpartum depression bill. The amendments in the 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 House were the amendments we agreed to here in the Senate to address concerns raised by the Illinois State Medical Society. With the amendment, there is no opposition to the bill. And I ask you to join me in my motion to concur with the House.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action, and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 15. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 57 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 15. And the bill, having received the required constitutional majority, is declared passed. Senator Luechtefeld, on Senate Bill 253. Madam Secretary, please read the motion.

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

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

Thank you, Madam President, Members of the Illinois Senate. Just like to add some comments and ask of the -- I have some questions for purposes of legislative intent…

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

…for the sponsor of the bill. For the purpose of legislative intent, the Senator originally intended that the returning military service men or women must move back to the same ward or district that they previously lived in order to seek local elected office. But, obviously, the House did not include this language in their amendment. Senator Luechtefeld, is it your intent that this legislation would require the service men or women to return to the same ward or district for residency purposes?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

And also, Senator Luechtefeld, would you agree that it is your intention that this requirement is satisfied by the 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 requirement in the bill that the service men or women who wishes to run for local office must meet all other qualifications as required by law?

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sandoval.

I urge an Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 253. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 253. And the bill, having received the required constitutional majority, is declared passed. Senator Haine, on Senate Bill 319. Madam Secretary, read the motion.

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

39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Thank you, Madam President, Ladies and Gentlemen of the Senate. This was a bill which, in the last days before the deadline, as you recall, passed out of here. It had to do with a -- establishing a Uniform Real Property Electronic Recording Act to assist the recorders of deeds and the Secretary of State, whose responsibilities primarily are the recording of important documents. And this was being negotiated when it went over to the House. The negotiations were complete between the banks, the recorders of deeds, the title companies, and they came up with an agreement called House Amendment No. 1, which -- establishes a -- a -- within the Office of the Secretary of State, an Electronic Recording Commission, sets up the duties of the commission, the numbers of commissioners. And their duties will be to implement this Act to establish uniform standards throughout the State, with the cooperation of the Secretary of State and the recorders of deeds and the banks and the title companies, all of whom had an interest in accurate and quick electronic recording of -- of documents.

PRESIDING OFFICER: (SENATOR HALVORSON) 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 319. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 319. And the bill, having received the required constitutional majority, is declared passed. Senator Sullivan, for what purpose do you rise? 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

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

PRESIDING OFFICER: (SENATOR HALVORSON) State your point.

I have a couple of constituents here with us today I’d like welcomed to Springfield. Kent and Sandy Prather are up in the gallery and their daughter, Allison. Sandy is a teacher. Kent is on the -- a farmer and on the Farm Bureau in Schuyler County. I’d like them to be welcomed. And also -- the other folks left. Like to welcome ‘em to Springfield.

PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests please rise? Welcome to Springfield. Senator Forby, on -- 340. Madam Secretary, read the motion.

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

Amendment No. 1 is the same bill that I ran out of here the other day, 734 that we passed out of the Senate. Amendment No. 2 becomes the bill. I’ll explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby, continue on your motion. It is on final…

And what it does, it just allows the Director of Department of Aging -- appoint additional members to the Community Care 41  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Program Council. AAR -- this is an AARP bill. It came out of the House with no opposition. I know of no opposition on this. It came out of committee with no -- no issues.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action, and the question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 340. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendments 1 and 2 to Senate Bill 340. And the bill, having received the required constitutional majority, is declared passed. Senator Peterson, on Senate Bill 345. Madam Secretary, read the motion.

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

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action, and the 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 345. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 345. And the bill, having received the required constitutional majority, is declared passed. Senator Martinez, on Senate Bill 446. Madam Secretary, read the motion.

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

Thank you. The bill -- the bill -- all we do is to clarify the -- the program budget shall include the cost of child care and other direct {sic} expenses, such as transportation, tutoring, technology, and technology report {sic} (support). They wanted us just to explain in detail what the indirect expense meant, and this is what the amendment is.

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

I wish to concur.

PRESIDING OFFICER: (SENATOR HALVORSON) This is final action, and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 446. All those 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 446. And the bill, having received the required constitutional majority, is declared passed. WMBD NewsChannel 31 seeks leave to record the proceedings. Seeing no objection, leave is granted. Senator Cullerton, on Senate Bill 486. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.

Thank you, Madam President, Members of the Senate. This bill, as it passed out of the Senate, amended the Code of Civil Procedure and it dealt with what’s called a cy pres doctrine in common law which deals with residual funds remaining from a class action lawsuit and it -- and it -- it dealt with the distribution of those class action funds. What the amendment does, which I agree with, over in the House is to retain the bill but provide that the new Section concerning residual funds applies to all actions pending on the effective date of the Act where there’s been no court order that has -- has been entered preliminarily approving a proposed settlement for a class of plaintiffs, instead of the current language which applies to all 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 actions pending on the effective date. Has no opposition, and I’d ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action, and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 486. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 486. And the bill, having received the required constitutional majority, is declared passed. Senator Cullerton, on Senate Bill 532. Madam Secretary, read the motion.

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

Thank you, Madam President, Members of the Senate. I want to make sure everybody understands, with this concurrence, that I’m not trying to sneak anything through. I want to make sure people know what they’re voting for here. I don’t want people to -- to say that I muttered this and they didn’t know what this -- this did. The -- in the House, they amended my bill, 532, which, by the way, was an initiative of the Motion Picture Association of America and the Recording Industry Association of America, and it clarified the definition of manufacturer and 45  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 clarified the scope of the offense of unlawful use of unidentified recordings. But the House did amend the bill. Senator -- former Senator Molaro passed an amendment that said on page 3, line 16, we want to replace the word “a” with “the”. And that’s what they did and I concur. And I’d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 532. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 532. And the bill, having received the required constitutional majority, is declared passed. Senator Delgado, on Senate Bill 547. Madam Secretary, read the motion.

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

Thank you, Madam President and Members of the Senate. I do ask your concurrence on Amendment No. 1. Deletes the bill and it retains 547 passed by the Senate. Makes minor substantive and technical changes. Creates the Health Data Task Force. Describes the composition of the task force. Requires the task 46  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 force to be convened to create a system for public access to integrated health data. It also mandates the task force to be advised -- plan with a phased in and prioritized implementation timetable focusing on assuring access to the quality of data necessary to understand health disparities. The initial report is due by -- July 1 of ’08, and progress reports of July 1 of subsequent years through 211 {sic} (2011). And finally, the amendment adds an immediate effective date. And I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Before we go into discussion, Madam Secretary, for the record, could you please reread the motion?

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action, and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 547. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. The Senate concurs in Amendment No. 1 to Senate Bill 547. And the bill, having received the required constitutional majority, is declared passed. FOX TV requests leave to videotape the proceedings. Seeing no objection, leave is granted. Senator Koehler, on Senate Bill 595. Madam Secretary, read the motion.

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

Thank you, Madam President, Members of the Senate. House Amendment 1 to Senate Bill 595 removes the detailed language from the bill and substitutes a new Section which simply calls for the Department of Aging to establish a -- medication management program to assist persons age sixty or older in managing their medications. The detail of the program are left to administrative rule. This was brought to us by AARP and they agreed to those changes. I would ask for your approval.

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

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Koehler.

Yes, thank you for that question. Yes, it is.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? This is final action, and 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 595. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 595. And the bill, having received the required constitutional majority, is declared passed. Senator Viverito, on Senate Bill 599. Madam Secretary, read the motion.

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

Thank you, Madam Chairman. House Amendment No. 1 in the House specified that these fees in total do not exceed the equalized assessed valuation in the areas outside of Cook County multiplied by the district’s annual stormwater tax rate. The Southwest {sic} (South) Suburban Mayors and Managers Association, which represents the largest area of Cook County impacted by the bill, is a proponent of this legislation. And there was no opposition to my knowledge.

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

PRESIDING OFFICER: (SENATOR HALVORSON) 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Sponsor indicates he’ll yield.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito.

No. This is not. This is only the work that is being performed.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Viverito, to close.

…you very much for those comments, Senator. And I do appreciate what you’ve asked. But actually this is really not a tax at all. This is something that is needed outside of Cook County. So I would appreciate a Yes vote.

PRESIDING OFFICER: (SENATOR HALVORSON) This is final action, and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 599. All those in favor will vote Aye. Opposed, Nay. The voting is open. 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 Yeas, 3 voting Nay, none voting Present. And the Senate concurs in House Amendment No. 1 to Senate Bill 599. And the bill, having received the required constitutional majority, is declared passed. Senator Demuzio, on Senate Bill 641. Madam Secretary, read the motion.

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

Yes. Thank you, Madam Chairman and Members of the Senate. Senate Bill 641 with House Amendment No. 1, actually the amendment -- deletes all and becomes the bill. The bill, as amended by -- by House Amendment 1, would require children entering kindergarten or enrolling in school for the first time to show proof by October the 15th of the school year for having an eye examination.

PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 641. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Yeas, none voting Nay, none voting Present. And the Senate concurs in House Amendment No. 1 to 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Senate Bill 641. And the bill, having received the required constitutional majority, is declared passed. Senator Bond, on Senate Bill 680. Madam Secretary, read the motion.

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

Thank you, Madam President. This is the concurrence of the net metering bill. This is identical to the House version that we passed. This is an agreed-upon bill. The -- this bill puts Illinois at the forefront of great access to alternative energy. I’d ask for a favorable vote.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action, and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 680. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Yeas, 0 voting Nay, 0 voting Present. And the Senate concurs in House Amendment No. 1 to Senate Bill 680. And the bill, having received the required constitutional majority, is declared passed. Senator Munoz, on Senate Bill 841. Madam Secretary, read the motion.

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

Thank you, Madam President. House Amendment 1 basically does two things. Limits the scope of the program by tying it to the College and Career Success for All Students program. It makes the fee waiver subject to appropriation. The College and Career Success for All Students program aims to increase the number of low-income students benefiting from AP courses. The program sets out to train AP and Pre-AP teachers on the content, knowledge and instructional skills geared towards preparing students for postsecondary coursework and AP exams.

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

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Munoz.

Yes. That’s correct, Senator. We’re trying to tie it in for them to be able to take the test for the AP.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.

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

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

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Munoz.

Senator, some kids already get a waiver from other sources. And again, we’re just trying to tie it in for them to prepare them for the AP exam.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Munoz.

Again, the -- the only way I can answer you, Senator, I mean, we’re just trying to do this preparation for them.

PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? This is final action, and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 841. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 that question, there are 40 voting Yea, 18 voting Nay, 1 voting Present. And the Senate concurs in House Amendment No. 1 to Senate Bill 841. And the bill, having received the required constitutional majority, is declared passed. Senator Bond, on Senate Bill 1097. Madam Secretary, read the motion.

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Bond.

Thank you, Madam President. This bill, it adds -- the amendment adds some clarity to expectations of the advanced science zone study. This is the precursor to the creation of advanced science zones. The zones would be the structure we would use to create clusters of biotechnology or aerospace research centers around the State.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1097. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, none voting Present. And the Senate concurs in House Amendment No. 1 to Senate Bill 1097. And the bill, having received the required constitutional majority, is declared passed. Senator Demuzio, on Senate Bill 1165. Madam Secretary, read the motion. 56  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

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

Yes. Thank you, Madam President. Senate Bill 1165 with House Amendment No. 1 would only repeal the required additional reporting from the regional superintendent’s office and retain the existing reporting requirements by the school board. Current law requires each regional superintendent to report to the State Board the number and ages of dropouts, as well as any efforts or activities and program undertaken, established, or -- implemented. What this would do, House Amendment 1, would remove those -- provisions.

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1165. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And the Senate concurs in House Amendment No. 1 to Senate Bill 1165. And the bill, having received the required constitutional majority, is declared passed. Senator Collins, on Senate Bill 1169. Madam Secretary, read the motion.

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

Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 1169 went from this Chamber to the House known as the Sudan Divestment Act. In the House -- we have House Amendment No. 1 and it does basically three things. First of all, it excludes all our local downstate fire and police pension funds, as well as those with assets over five million dollars. So that would be all the downstate public employees are excluded from this legislation. There’s also a stipulation where we specifically define or put into the language of the legislation that mutual funds are exempt. That was a question on the Floor. We read in the intent of the original legislation, but in the House, it’s explicitly outlined that mutual funds are exempt. And the third thing that it does, it requires that Illinois finance entities must certify to meet the requirements of the High Risk Home Loan Act. And this was -- the High Risk Loan Act {sic} was unanimously supported by the Senate when it passed in 2003. So, basically, those are the changes.

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

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1169. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Yeas, none voting Nay, 59  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 none voting Present. And the Senate concurs in House Amendment No. 1 to Senate Bill 1169. And the bill, having received the required constitutional majority, is declared passed. Madam Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions -- Consent Calendar. Ladies and Gentlemen, we will soon be recessing to the call of the Chair, but let me tell you, do not go far, because it won’t be long. So at this point, we are in recess till the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) The Senate will come to order. Madam Secretary, Messages, please.

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

PRESIDING OFFICER: (SENATOR DeLEO) 61  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Resolutions Consent Calendar. Madam Secretary, House Bills 1st Reading, please.

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

PRESIDING OFFICER: (SENATOR DeLEO) 62  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Okay, Ladies and Gentlemen, it’s the intention of the Chair -- we will be going to page 30 of your Calendar. We’ll be going through House Bills 3rd Reading one more time. House Bills 3rd Reading. I’d ask you to turn your Calendars to page 30, in the middle of page 30. Senator Viverito, on House Bill 25, sir. Madam Secretary, out of the record. Senator Demuzio, on House Bill 29, ma’am. Out of the record. Senator Holmes, on House Bill 38, ma’am. Out of the record. Senator Sullivan. Senator John Sullivan. House Bill 118, sir. Out of the record. Senator Don Harmon. Senator Harmon. The gentleman from Oak Park, sir. Out of the record. Ladies and Gentlemen, I’d ask you to turn your Calendars to page 31. Page 31. On the top of page 31 of the Calendar is House Bills 3rd Reading. House Bills 3rd Reading. Senator Althoff. Senator Pam Althoff, how are you today, ma’am? Nice to see you. Out of the record? Out of the record. Senator Terry Link. Leader Link. Senator Link, on House Bill 374. Out of the record. Senator Cullerton, are you seeking recognition, sir? Nice to see you this afternoon, Senator. Senator Demuzio, on House Bill 415, ma’am. Out of the record. Senator Delgado. Senator Willie Delgado, on House Bill 427. 427, sir. Out of the record. Senator Koehler, on 699, sir. Senator Koehler, on 699. Senator Koehler. 699. House Bill 699, sir. Out of the record. Madam Secretary, let’s try House Bill 703. Senator Harmon. Senator Harmon, on House Bill -- out of the record. Senator Link, on -- out of the -- 743, out of the record. House Bill 824. Senator Don Harmon. Out of the record. Senator John Cullerton. Senator John Cullerton, on House Bill 830, sir. Would you be interested in calling that today, sir? Oh, you’re going to amend it. So, you’d like to -- 63  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 take this out of the record, sir, and we’ll come back to it. Are you sure? Thank you. Thank you for your indulgence. No, thank you, sir. Ladies and Gentlemen, I’d ask you to turn your Calendars to page 32 of your Calendar. Page 32 of your Calendar is House Bill 1050. Senator John Cullerton. Out of the record, Madam Secretary. Leader Halvorson, on House Bill 1074, ma’am. Those are some beautiful flowers you have there, Leader. They’re very, very pretty. Senator Munoz. Senator Munoz. Senator Munoz, on House Bill 1100. Out of the record. Senator Righter, for what purpose you seek recognition, sir? And how are you this afternoon, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Very good. Thank you.

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

PRESIDING OFFICER: (SENATOR DeLEO) The card says, “Please come home”, from her husband. Leader Halvorson, are -- Leader Halvorson, are you seeking 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 recognition, ma’am?

Thank you, Mr. President. As to the rumor that Senator Righter talks about with getting out of here today, that is just what that sounds like, is a rumor. My flowers aren’t about that. It’s just a little thank you from a secret admirer. I have one fan. So… But as far as getting out here on time, good luck.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins, are you seeking recognition, ma’am? For what purpose are you seeking recognition, Senator Collins?

Thank you, Mr. President and Ladies and Gentlemen of the Senate. A point of personal privilege.

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

Thank you. Someone mentioned to me earlier today that one of our colleagues will be celebrating her birthday this Saturday. And I hope we don’t have to join with her on the Floor in celebrating her birthday, but I would like to recognize her here. I’m being cautiously optimistic that we won’t be here Saturday. So I would like my colleagues to join with me in wishing Senator Mattie Hunter a happy birthday.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter, a very happy birthday. Senator Hunter, would you please stand and be recognized by the Illinois Senate? Ladies and Gentlemen, Senator Hunter. Okay, Ladies and Gentlemen, continuing on House Bills 3rd Reading is House Bill 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 1084. Senator Carol Ronen. 1284. I’m sorry. Let the record show 1284. Senator Carol Ronen. Out of the record. Senate -- House Bill 3rd Reading. 1514. Leader Watson. Leader Watson, on 1514. Out of the record. Senator Link. Senator Terry Link, on 1752, sir. Out of the record. Senator Link, on 1876. Senator Link, on 1876. Out of the record. On the bottom of page 32, in House Bills 3rd Reading, Ladies and Gentlemen, is House Bill 1888. Senator James Clayborne. Senator James Clayborne. Out of the record. Oh! I’m sorry. Do you wish to proceed, Senator Clayborne? He indicates he wishes to proceed. Madam Secretary, please read the bill.

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

Thank you, Mr. President, Members of the Senate. The proposed legislation will correct the situation that has deprived QSWEFs of the interest-free loan that they’re entitled to under Section 8-403.1 of the Public Utilities Act. Under that Section of the law, the QSWEFs are entitled to a loan payment each month equal to amount by which the average rate per kilowatt paid to the utility by the unit of government where the QSWEF is located exceeds the purchasing utilities avoided cost. The loan has allowed Illinois to benefit from the development of renewable electric generation fueled by landfill gas. I would ask for your favorable support. 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

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

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

PRESIDING OFFICER: (SENATOR DeLEO) …you. Okay, Ladies and Gentlemen, the question is, shall House Bill 1888 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 57 Ayes, 0 voting Nay, 0 voting Present. House Bill 1888, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, turn your Calendars to page 33. On the top of page 33 is House Bills 3rd Reading. Continuing on House Bills 3rd Reading is House Bill 1917. Senator Link. Senator Terry Link, on 1917. Out of the record. House Bill 1926. Senator Haine. Senator Haine. Senator “Class Action” Haine. 1926, sir. Out of the record. Senator Millner. Senator John Millner, on 1979, sir. Good afternoon, Senator Millner. Out of the record, sir? Thank you. Senator Crotty, on 2035, ma’am. House Bill 2035. Out of the record. Senator Demuzio. Senator Demuzio, on 2106, ma’am. Out of the record. Senator Demuzio, on 2179, ma’am. Out of the record. Senator 67  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Sullivan. Senator John Sullivan, on 3667. House Bill 3667. Out of the record. Senator Althoff, on 3728, ma’am. House Bill 3728. Are you sure? You’re positive? You look very nice today, Senator Althoff. Nice to see you. Pinstripes. Senator Demuzio. Senator Demuzio, for what purpose you seek recognition?

A point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio, for what purpose do you seek recognition, ma’am?

Yes. A point of personal privilege.

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

Thank you, Mr. President. In the gallery behind you, I would like to recognize that we have with us the central division of the AFSCME employees. And would you please stand up and be recognized? And let’s give ‘em a big hand.

PRESIDING OFFICER: (SENATOR DeLEO) Would our guests in the gallery please rise and be recognized? Welcome to the Illinois State Senate. Welcome to Springfield, Illinois. Okay, Ladies and Gentlemen, I ask your attention, please. Ladies and Gentlemen, I’d ask you to turn to page 38 of your Calendar. On page 38 of your Calendar is the Order of Consideration Postponed, is House Bill 3425. The bill has already been presented and been debated on the Floor. Debate on this bill will be limited to one proponent and one 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 opponent. Madam Secretary, please read the bill. House Bill 3425, ma’am.

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

Yeah. Thank you very much, Mr. President. This bill we discussed a couple weeks ago and it really allows the municipalities in the State who have high deer populations to work with the Department of Natural Resources to control the deer. It’s a specified program administered by the University of Wisconsin. The proponents of the bill are the Illinois Municipal League and the Northwest Municipal Conference. DNR was opposed to it. I met with DNR. I tried to get their support. They, you know, in all fairness, aren’t willing to do that. But as we’ve talked about this so many times, there really is a difference between what happens in southern Illinois and how southern Illinoisans are able to cull their deer through shooting and hunting. In northern Illinois, we don’t have those same luxuries. One of the questions that DNR did have is they said that they were really losing control of the process. And I just want to specify, just read from the actual legislation, that that really is not the case, because in the bottom line of the -- of the legislation it says, “The municipality or unit of local government must report to the Department, on an annual basis, the local deer population count, as required by 69  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 administrative rule.” It talks about a scientific study to be approved by the Department and then it -- it also talks about the Department and municipality working together to implement this alternative method of deer population control. I’d be happy to answer any questions.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Okay. Senator Garrett, to close, ma’am.

Yes. Thank you, Mr. President. And thank you to Senator Sieben. I think what we have really here is, you know, a population divide. We, in the northern part of -- of the State, appreciate and respect what southern Illinoisans do to hunt deer and cull deer. We just don’t have the same abilities and resources in the northern part of the State. This isn’t just one community. This is a program that -- that one community is working with, and it’s the University of Wisconsin at Madison. We certainly intend to and it’s written very specifically in the legislation to work closely with the Department of Natural Resources. What we’re asking for is a pilot program. There is a sunset on this. It is supported and endorsed by the Illinois Municipal League, which covers the entire State. So, I ask for your consideration to give us a Yes vote on this. It’s a very important bill for some of the areas in the northern part of the State. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, the question is, shall House Bill 3425 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 33 Ayes, 23 Nays, 1 voting Present. House Bill 3425, having received the required constitutional majority, is declared passed. Senator Burzynski, for what purpose do you seek recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Okay, the gentleman has request a verification. We’d ask all Members please be in their seats. The Secretary will read the -- those voting in the affirmative. Madam Secretary.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Madam Secretary. Senator, do you question the presence of any Member voting in the affirmative, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon. Senator Rickey Hendon is in the Chamber. Senator Hendon’s sitting in Senator DeLeo’s seat.

PRESIDING OFFICER: (SENATOR DeLEO) He’s very difficult to miss, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator -- Mattie Hunter is right in the aisle here, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Terry Link.

PRESIDING OFFICER: (SENATOR DeLEO) Is back in the corner of the Chamber, near the press box where he’s normally at.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Ladies and Gentlemen, on a verified roll call, there are 33 Ayes, 23 Nays, 1 Present. Having received the required constitutional majority, it’s declared passed. Okay. Ladies and Gentlemen, for the purposes of an announcement. The Rules Committee will meet immediately in the President’s Anteroom. All members of the Rules Committee will report to the Anteroom immediately for a Rules Committee meeting. Thank you. Madam Secretary, Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Madam Secretary. Senator John Cullerton. Senator -- Senator John Cullerton, do you have an announcement to make, sir?

Yes.

PRESIDING OFFICER: (SENATOR DeLEO) A personal announcement or committee announcement?

Both. I’d like to introduce my Secretary, who is on maternity leave, Ms. Underwood, who’s returned with her little baby, Kaiya, who -- who is so pretty. Isn’t she?

PRESIDING OFFICER: (SENATOR DeLEO) Welcome. Please register baby as a Democrat. Senator Cullerton, for a committee announcement.

Yes. The Judiciary-Civil Law Committee will meet at 6:15 in Room 212.

PRESIDING OFFICER: (SENATOR DeLEO) …you, sir. Senator Garrett, what purpose do you rise, ma’am?

For purpose of announcing the fact that Public Health will be meeting today in Room 400 -- or tonight, I should say, at 6:15. Dinner time.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Crotty, for what purpose do you rise, ma’am?

76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Also on a point of an announcement. At 6:15 in Room 409, Local Government will be meeting.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator Wilhelmi.

Thank you, Mr. President. For purpose of announcement. I’d like to let the Body know that the Judiciary-Criminal Law Committee will be meeting tonight at 6:30 in Room 212.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.

Thank you, Mr. President. I’m so happy to announce that the Committee on Pensions and Investment will be meeting at 6:45 in Room 400.

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

Thank you, sir. For purpose of an announcement. The Human Services Committee will meet tonight at 7 o’clock in Room 400.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Senator Silverstein. Senator Silverstein. Senator Silverstein.

Yes. Committee…

PRESIDING OFFICER: (SENATOR DeLEO) How are you, Senator?

A little tired. Committee announcement.

PRESIDING OFFICER: (SENATOR DeLEO) 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Please state your announcement, sir.

7:15, Executive.

PRESIDING OFFICER: (SENATOR DeLEO) Who -- who’s going to meet at 7:15?

Executive Committee at 7:15.

PRESIDING OFFICER: (SENATOR DeLEO) Room 212, sir?

Yes, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.

Thank you, Mr. President. The Senate Revenue Committee will meet tonight at 7:15 p.m. in Room 400.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Schoenberg.

Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) How are you feeling today, sir?

I feel great. Senate Bill 4 went to the Governor’s desk today. The Appropriations II Committee will meet in Room 212 at 7:30, Mr. President. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, and I’m glad you’re feeling well. Senator Haine, how are you today, sir? 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

I’m just peachy, Mr. President. And I appreciate you asking.

PRESIDING OFFICER: (SENATOR DeLEO) Do you have an announcement, sir? Do you have an announcement, sir?

Yes, sir. The Insurance Committee will meet at 7:30 p.m. in Room 400.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator Jacobs, are you seeking recognition, sir?

Yes, Mr. President. Just a point of personal privilege.

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

I’d like to ensure that everyone understands that the Titanic had a terrible mishap and there were several people in the engine room who reported that the Titanic was in trouble, but it still hit the iceberg. So I want to make sure that the Leadership understands that the Titanic is ahead and everybody have a great day.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. With that very profound announcement, Ladies and Gentlemen, the Senate will stand in recess to the call of the Chair. We will be coming back to the Floor after committees for further Floor action and final action. The Senate stands in recess to call of the Chair. 79  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) The Senate will come to order. Madam Secretary, Messages from the House, please.

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

PRESIDING OFFICER: (SENATOR DeLEO) Resolutions Consent Calendar. Madam Secretary, Committee 80  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. For the purposes of an announcement, ask all Members, please report to the Senate Floor immediately. We will be going to the Senate Calendar, Supplemental Calendar No. 2. It’s been printed and distributed. It’s on all Members’ desks. This is final passage. This is concurrence of Senate Bills, final passage. So, all Members within the sound of my voice, please come to the Senate Floor immediately for concurrences, final passage. Okay, Ladies and Gentlemen, I’d ask you to look at the Calendars that’s been distributed on each Member’s desk, Supplemental Calendar No. 2, in the Order of Concurrence. Senator Silverstein, on Senate Bill 65. Senate Bill 65. Senator Silverstein. Senator Ira Silverstein, do you wish to proceed with that? Out of the record. Leave of the Body, we’ll come back to it. Motion to Concur, Senate Bill… On a Motion to Concur is Senate Bill 472. Senator Cullerton, do you wish to proceed, sir? Senator Cullerton, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Cullerton, explain your motion, sir.

Yes. Thank you, Mr. President, Members of the Senate. This is a bill which is supported by the Bar Associations, the Trial Lawyers, the Medical Society and the Department of Financial and Professional Regulation. It’s an amendment that the House put on amending the Code of Civil Procedure to clarify the handling of medical records for copy purposes and to -- establish a fee structure for electronic copies. It expands the exceptions to the physician-patient privilege against disclosure of information to which information sought by subpoenas for a professional regulation case under the Medical Practice Act can be sought. So this if very important for the Director of Public -- Regulation so that he can get medical records to investigate physicians. It also clarifies that electronic and digital records are not to be considered microfiche or microfilm. As indicated in committee, there is a fee structure for the copying of records and there will be a change to one of those structure -- fee structures with a trailer bill, which is House Bill 830. The Hospital Association is not in favor of this bill yet, although they were neutral when the bill passed. There are some hospitals that are neutral. I’d ask for an Aye vote. And happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Righter, for what purpose do you seek recognition, sir? Senator 83  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Righter.

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Yes, Senator. Thank you. When the bill came over, there was one provision that I did not agree with and that’s going to be changed by the trailer bill. It had to do with electronic and digital records and the House version of the bill would only allow, for on electronic disk, for you to charge as -- as if it was only one page. And I thought that was unfair, because it could have thousands of pages on one disk. So the trailer bill switches this provision that’s found in 472, it switches it so that it’s back to a per page charge. So, the trailer bill is a very good bill. It’s one that the -- would improve the bill that -- that flew out of the House. I slowed it down and took the time to make sure I could amend it with that trailer bill and that’s -- that’s what it does.

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Yes, that’s correct.

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

PRESIDING OFFICER: (SENATOR DeLEO) 85  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Thank you, Senator. Seeing no further discussion, Senator Cullerton, to close, sir.

Just ask for an Aye vote, please.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, this is final action. The question is, shall Senate concur in House Amendment No. 1 to Senate Bill 472. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 3 Nays, 1 voting Present. Senate Bill 472, having received -- concurs in House Amendment No. 1 to Senate Bill 472. And the bill, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to the top of this page on the Supplemental Calendar No. 2 to Senate Bill 65. Senator Silverstein, on Senate Bill -- your motion to concur, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Silverstein, to the motion, sir.

Thank you, Mr. President. What -- what it does is it kept the whole bill, but it added portability regarding to the board 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 within thirty days. I’ll -- I’ll take any questions. A little complicated, but I’ll take any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is - this is final action - shall the Senate concur in House Amendment No. 1 to Senate Bill 65. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 59 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 65 -- House -- excuse me. Amendment No. 1 to Senate Bill 65, the Senate concurs. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 705. Senator Wilhelmi. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator, to explain your motion, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Amendment No. 2 becomes the bill. It amends the Illinois Controlled Substances Act to create the new offense of unauthorized possession of prescription form. It puts this under the Controlled Substance Act where it belongs, this 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 offense. And it -- the -- the amendment also makes it a knowing -- you have to knowingly violate the provisions in order to be in violation of the Act. I’d be happy to answer any questions and I ask for your support.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, once again, Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in House Amendment No. 1 and No. 2 to Senate Bill 705. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 59 Ayes, 0 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 and No. 2 to Senate Bill 705. And the bill, having received the required constitutional majority, is declared passed. On the Order of Concurrence is Senate Bill 935. Senator Link, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

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

Thank you, Mr. President. This is the agreed-upon bill on the amino acid element formulas. It’s been worked out. Everybody’s in agreement with it and I know of no opposition on 88  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, this is final action. The question is, shall Senate concur in House Amendments No. 1 and No. 2 to Senate Bill 935. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 59 Ayes, 0 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 and No. 2 to Senate Bill 935. And the bill, having received the required constitutional majority, is declared passed. Continuing on the Supplemental Calendar is Senate Bill 1201 on the Order of Concurrence. Senator Halvorson, do you wish to proceed? Leader Halvorson. She indicates she does. Madam Secretary, please read the lady’s motion.

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

Thank you, Mr. President, Members of the Senate. In 2005, we merged NIPC and CATS and this is just the agreed-upon language to finalize some of the merging procedures of putting the two agencies together. There’s a number of things; if -- if the Body so chooses, I can explain some them. I’m open to any 89  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 questions.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Halvorson, to close, ma’am. Okay, Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in House Amendment No. 1 and No. 2 to Senate Bill 1201. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 Ayes, 5 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 and No. 2 to Senate Bill 1201. The bill, having received the required constitutional majority, is declared passed. On the Order of Concurrence is Senate Bill 1244. Senator Sullivan, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Sullivan, to the -- explain your motion, sir.

Thank you, Mr. President. Senate Bill 1244, with the amendment, amends the Township Code, the Municipal Code and the Fire Protection District Act. It, of course, retains the original bill and adds the provisions that allows for townships 90  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 and municipalities and fire protection districts to assess reasonable fees for specialized rescue services.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.

No. I do not. As a matter of fact, I’m glad you asked that, because for the purpose of legislative intent, I’d like to read this statement and it might clarify your questions, and that is that no fees will be charged for any other rescues that do not involve the OSHA and Department of Labor violations. The primary purpose of this legislation is intended to apply to construction in commercial instances where OSHA and the Department of -- Labor standards are to be known and should be a part of the safe business practices.

PRESIDING OFFICER: (SENATOR DeLEO) 91  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Further discussion? Senator Althoff.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.

Yes.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.

Thank you, Mr. President. Specialized rescue services includes, but is not limited to, structural collapse, tactical rescue, high angle rescue, underwater rescue and recovery, confined space rescue, below grade rescue, and trench rescues. 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.

Thank you. I think, again, that would -- in my opinion, that would not be considered to be a specialized rescue. It’d be under unusual circumstances, obviously, the ones that I outlined to you. But if we’re dealing with our home, for example, around, you know, where we normally would live and reside, obviously I do not believe that that would be considered to be a specialized rescue.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, seeing no further discussion, Senator Sullivan, to close, sir.

Just ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, once again, this is final action. The question is, shall the Senate concur in House 93  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Amendment No. 1 to Senate Bill 1244. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1244. The bill, having received the required constitutional majority, is declared passed. Continuing on -- on the Order of Concurrence is Senate Bill 1245. Senator Link, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, would you read the gentleman’s motion?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Link, to explain your motion, sir.

Thank you, Mr. President. This basically just changes it that there -- the DHS shall conduct regular, on-going site inspections that shall occur at least annually and the provision including unannounced visits is removed.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you.

I know of no…

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Link. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and 94  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Gentlemen, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1245. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 59 Ayes, 0 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1245. And the bill, having received the required constitutional majority, is declared passed. On the Order of Concurrence is Senate Bill 1346. Senator Clayborne, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Clayborne, to explain your motion, sir.

Thank you. I make a motion to concur with the House Amendment No. 1 that provides that the county coroner shall provide to the State Police or to the local law enforcement a sample of dried blood and buccal specimen from a dead body for - - to be used for DNA fingerprint analysis. This is when the State Police or the local law enforcement agency has determined that the sample may be useful in a criminal investigation.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 discussion? Seeing no discussion, Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1346. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who -- wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1346, the House -- the Senate will concur in House Amendment No. 1 to Senate Bill 1346. And the bill, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we will go to page 2 of Supplemental Calendar No. 2. On Concurrence, Senate Bills comes -- on the Order of Concurrence is Senate Bill 1350. Senator Ronen. Does the lady wish to proceed? She indicates she does. Madam Secretary, please read the lady’s motion.

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

Yes, I will. Thank you, Mr. President. The minor change made by the House to this bill: it exempts providers that receive federal funding under Section 5307, because those providers already have training for safety as part of their federal mandate.

PRESIDING OFFICER: (SENATOR DeLEO) 96  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Thank you. Is there any discussion? Is there any discussion? Senator Radogno, for what purpose do you rise, ma’am?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Ronen.

Well, you know that they don’t. And when this bill came up in committee, the -- I don’t think that those were raised when we put the amendment on. You say those were concerns. I’m -- I’m -- I’m not sure. I thought that they were addressed. I saw a letter sent to you that addressed these concerns when the bill passed the Senate and before it went to the -- the House. So, I don’t know why you’re raising this now.

PRESIDING OFFICER: (SENATOR DeLEO) 97  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Further discussion? Senator Radogno.

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

I’d appreciate a concurrence vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1350. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 41 Ayes, 18 Nays, 0 voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1350. This -- and the bill, having received the required constitutional majority, is declared passed. …the order of Concurrence is Senate Bill 1360. Senator Haine. Senator Haine, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read 98  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Haine, to explain your motion, sir.

This is a bill which granted some exemptions to small rural water companies that -- from paying sales tax to the Department of Revenue on items used in building water lines. And -- and this amendment, all this does is further narrow that so that they don’t get an exemption for anything involving operations. This is purely construction and maintenance. These are limited- income small water companies designed to bring water to places which really have wells that are -- that are dry at the moment.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, once again, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1360. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 59 Ayes, 0 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1360. And the bill, having received the required constitutional majority, is declared passed. On the Order of 99  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Concurrence is Senate Bill 1368. Senator Cullerton, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Cullerton, to explain your motion, sir.

Thank you, Mr. President. How you doing?

PRESIDING OFFICER: (SENATOR DeLEO) Fine. How are you doing?

Fine. How are you? Okay. This bill, as it passed the Senate, transferred powers of the Department of Human Services Office of the Inspector General from the Abused and Neglected Long Term Care Facility Residents Reporting Act to the Department of Human Services Act. It also changed the name of the Department of Public Health’s “nurse aide registry” to the “health care workers {sic} (worker) registry”. Then the House added a amendment that added powers and duties of the Inspector General of this Department to investigate alleged or suspected cases of abuse, neglect, and exploitation of adults with disabilities living in domestic settings in the community pursuant to the Abuse of Adults in Domestic Intervention Act {sic}.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any 100  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 discussion? Seeing none, Ladies and Gentlemen, once again, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1368. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 58 Ayes, 1 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1368. And the bill, having received the required constitutional majority, is declared passed. On the Order of Concurrence is Senate Bill 1379. Senator Raoul, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator, to explain your motion, sir.

Thank you, Mr. President. I move to concur with House Amendment 1 of Senate Bill 1379. House Amendment 1 retains Senate Bill 1379 and requires DCFS to conduct a criminal background check of the prospective foster or adoptive parent. Final approval of placement shall not be granted if the record check reveals certain felony convictions. It also requires that the court consult with minor -- the minor in an age-appropriate manner in setting permanency goals and to consider both in-State 101  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 and out-of-State placement options.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Seeing no discussion, Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in Amendment No. 1 to Senate Bill 1379. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 59 Ayes, 0 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1379. And the bill, having received the required constitutional majority, is declared passed. Senator -- on the Order of Concurrence is Senate Bill 1380. Senator Raoul, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam -- Secretary. Senator, to explain your motion, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move to concur with House Amendment 1 of Senate Bill 1380, which deletes the underlying bill. And -- and House Amendment 1 allows the transfer of up to six years of service from the Downstate Police Pension Fund to the -- to the Cook 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 County Fund and allows the Chicago Municipal Employee Fund members to transfer credits to IMRF. It also requires employer and employee contributions plus interest to be paid from the original fund to the fund to which they are being transferred. House Amendment 1 also amends the Chicago Police Article to allow certain widows to qualify for annuity -- an annuity and provides that no age limitation applies for child annuity payments for children who are physically or mentally handicapped -- are so physically or mentally handicapped so as to be unable to support themselves. I urge your support.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Leader Watson, for what purpose do you rise, sir?

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

Thank you. I urge your support for this. I -- I should remind the prior speaker that earlier in this General Assembly, 103  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 we sponsored -- we passed out a bill unanimously for the spouse of specifically downstate officers and downstate officers only. So I urge your support on this. And it was the previous speaker’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in Amendment No. 1 to Senate Bill 1380. All those in favor will say Aye -- all those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 33 Ayes, 16 Nays, 3 voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1380. And the bill, having received the required constitutional majority, is declared passed. Madam Secretary, Messages. 104  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, for the purpose of an announcement. There’ll be a Rules Committee. The Rules Committee will meet immediately in the President’s Anteroom. All members of the Rules Committee, we’d ask ‘em to please 105  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 report immediately to the Anteroom. The Senate will stand at ease for just a moment while the Rules Committee meets. (SENATE STANDS AT EASE/SENATE RECONVENES)

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

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, if -- have your attention, please. I’d ask you to turn your Calendar to House Bills 3rd Reading. House Bills 3rd Reading. Page 30 of your Calendar. There’s been a change of sponsorship in House Bill 25 to Senator James Clayborne. I understand that Senator Clayborne -- would seek leave of the Body to return this to the Order of 2nd Reading for the purpose of an amendment. But before we do that, Senator Clayborne, Senator Righter is seeking recognition. Senator Righter, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator, that request is always in order. But unfortunately and it’s a -- very untimely, due to the hour. So we will -- your request will be granted and the Senate will return to Session at the hour of 10:15. Senate stands in recess to call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) The Senate will come to order. All Members within the sound of my voice, we ask ‘em to come to the Senate Floor. We’ll be doing House Bills 3rd Reading, final action. All Members within the sound of my voice, please come to the Senate Floor. House Bills 3rd Reading, final action. Senator Clayborne, on House Bill 25, is seeking leave of the Body to return House Bill 25 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 25. Madam Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Clayborne, to explain your amendment, sir. 107  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

Yes, basically this creates three new riverboats, a Chicago casino, publicly owned, and it -- it makes various -- it creates a -- a impact fee that creates a horse equity fund for the racetracks, and provides other help to depressed communities.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Yes.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne. 108  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

Basically, there’s an impact fee, that any boat that has gaming -- annual gaming receipts including fifty -- including up to fifty thousand {sic} dollars pay .5 percent. Any that have in excess of fifty thousand dollars -- fifty million dollars, I’m sorry, and less than a hundred thousand {sic} will pay one percent. And any boat -- gaming gross receipts of one hundred million but less than two hundred fifty million will pay 1.5 percent. And any license in excess -- boat or gaming casino with excess than -- excess gross receipts of two hundred and fifty million will pay a 3.5 percent -- in excess of three hundred million, I’m sorry, would pay 3.5 percent.

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

PRESIDING OFFICER: (SENATOR DeLEO) Your request is in order, sir. Any further discussion? Any further discussion? Okay. Senator Clayborne moves the adoption of Floor Amendment No. 3 to House Bill 25. The question -- all in favor will vote Aye. All opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 30 Ayes, 29 Nays, 0 voting Present. And the amendment is adopted. Are there any further Floor amendments approved for consideration, Madam Secretary? Has there been any further Floor amendments approved 109  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 for consideration, Madam Secretary?

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

Amendment -- Amendment No. 4 -- thank you, Mr. President. Amendment No. 4 is -- we had left a few things out, so it’s a corrective amendment and it just adds a few of the -- another small area to the economically depressed communities. I’ll be happy to explain it on 3rd.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Cullerton.

Yes. Would the sponsor yield?

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

Senator, is this the one that lowers the impact fees that are paid by the riverboats?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

That is correct.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

The one we talked about. Does it mean that the racetracks will get less money because we’re charging less money for the 110  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 riverboats on the impact fee?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

No, it doesn’t.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Well, then, where does the money come from?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

The money comes from the organizational licensees.

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

Well, we’re lowering the tax for the riverboats and we’re giving the same amount to the racetracks. I believe the money comes from the State. So the -- we must be reducing the amount of the tax that we’re collecting from the riverboats, so the State would be making up the difference. That’s the -- I just want to verify that in this amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any further discussion? Senator Hendon.

The amount that they pay for the impact fee is now no longer subject to the privilege tax. So we’ve actually made it easier for those who might have a boat in their area to vote for the bill. 111  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) Seeing no further discussion, Senator Hendon moves the adoption of Floor Amendment No. 4 to House Bill 25. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Floor Amendment No. 6. Senator Hendon, to explain your amendment, sir.

Thank you, Mr. President. This just clarifies and clears up the number of positions that the riverboats and the casino can have. I’ll be happy to explain it on 3rd.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no -- no discussion, Senator Hendon moves the adoption of Floor Amendment No. 6 to House Bill 25. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 25. Senator Clayborne, do you wish to proceed, 112  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 sir? He indicates he wishes to proceed. Madam Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Harmon, for what purpose do you rise, sir?

I move the previous question.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. The gentleman has moved the previous question. There’s eleven people seeking recognition on this issue. The Parliamentarian to please take the names of the people seeking recognition. Thank you. Senator Clayborne, to the bill, sir.

Thank you, Mr. President, Members of the Senate. House Bill 25, as amended, creates three new riverboats and one publicly owned boat -- casino in -- in Chicago. Existing boats will have the opportunity to increase their positions by eight hundred positions. Any unused positions will be competitively bid. It also provides for an impact fee paid to the Horse Racing Equity Fund. Provides funding for -- depressed communities and poor communities near riverboats and the casino. Authorizes one hundred electronic poker positions at the riverboats.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Radogno, are you seeking 113  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 recognition, ma’am?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Twelve hundred.

PRESIDING OFFICER: (SENATOR DeLEO) Just -- just for the record, Ladies and Gentlemen, when -- there’s eleven people seeking recognition on your side of the aisle; there’s four on the Democratic side of the aisle. So the -- for the purposes of fairness, the Chair will use the debate clock. We will go to three minutes -- minutes per speaker, so we’ll set the debate clock and -- starting now. So, Senator Radogno.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

No, the boats can only have a maximum of thirty-five hundred positions, but the -- they initially are afforded an opportunity to add eight hundred. The exemptions are correct.

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

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

No.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

It’s meant for the Gaming Board to make that determination, based upon a competitive bid.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau, you have to use your button, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

It’s a shorter commute for people coming through the airport.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

The other issue, Senator Pankau, is to make sure that we don’t impose on other boats in the area. So we don’t want to unfairly create a disadvantage for those boats.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Burzynski, you seeking recognition, sir? 118  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Two percent of the gross revenues from the new riverboats, casinos and additional positions of existing riverboats will go to the public universities in the State of Illinois -- divided equally.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

There are nine public universities and each one will receive one-ninth of the two percent.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski, your time has expired. Senator Syverson.

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

There’s never been a proposal that I have seen during this Session where Rockford was in -- in the proposal.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Well, it wasn’t a question, but since I’ve been -- been negotiating and dealing with this bill over the last few weeks, Rockford has not been a part. It has never come up in a discussion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson, bring your remarks to a close, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

I -- I can never feel that way, because there’s a boat in 122  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 my district that’s outside of the community. So, I can never feel that way.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) The gentleman will yield for a question, sir.

Thank you. Senator Clayborne, the last time the General Assembly contemplated the -- the casino gambling issue, there were many legal questions, which were subsequently raised and addressed by the Attorney General. That process took a number of years. Wanted to ask if you have been in consultation at all with the Attorney General’s Office during the course of these negotiations?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Unfortunately, they’ve called me on other issues. They haven’t called me on this one.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg.

Have you sought their input?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

123  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 No, I have not sought their input.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. To the bill: I rise in strong opposition to House Bill 25. The last time the General Assembly deliberated the issue of casino gambling, there was a formula for distribution to municipalities. I represent a host of suburban communities on the north shore. I had municipalities who made a conscious decision that they did not wish to participate in this distribution formula because they felt that on principle this was not something that they wished to be party to. Mr. President, Ladies and Gentlemen of the Senate, there are a number of elements in this bill which I find questionable. The electronic poker issue, I think, crosses a number of lines. The impact fees defy economic logic. And the issue of where we draw resources to meet some of our most critical needs, starting with how we educate our children, is nothing short of regressive. Mr. President, Ladies and Gentlemen of the Senate, at a certain point, how we invest in our children’s future should not depend on how many chips get left on the blackjack table. I rise in opposition to House Bill 25. Thank you.

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

PRESIDING OFFICER: (SENATOR DeLEO) 124  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Sponsor indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

It -- it’s actually -- yes. It’s actually paid out of the -- the Authority.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Yes.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Legislative intent is that they have to pay. The 3.5 percent will come out of the Authority.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Luechtefeld.

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

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. 126  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Well, you would assume that there are, what, twelve thousand?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

I’m sorry. To go back, there -- there are ten licenses, but only nine are active. So, nine times twelve. Eleven -- eleven -- I’m sorry. Thirteen {sic} thousand eight hundred.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) 127  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Senator Clayborne.

Twenty-eight thousand positions.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

No.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne, sir.

I have not talked to him. No.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) 128  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Senator Clayborne.

I -- I have not talked to the Speaker either.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

We thought that more of the profits should go to benefit the public.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne. 130  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

Controls are, this is controlled by a public board where those members can be removed; the license can be suspended. So, those are the -- and the casino operator, obviously, who runs the license can be terminated.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger.

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

Thank you, Mr. President. I rise in strong support of this bill. We’ve talked about this bill and I’ve talked to a number of Members on both sides of the aisle about this bill. And when I talked about that here’s the engine for the capital development -- and I’ve heard this mentioned by a number of Members tonight, that we need a capital development bill. And we’ve been criticized in years past, how are we going to pay for a capital development bill? Well, here’s how we’re going to pay 131  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 for it. And I’d like these Members to go back to their districts, tell their school districts, tell their highways, tell them that they can’t be built because they couldn’t vote for gaming. And you know what? I’m tired of hearing the excuse, well, there’s too many boats, there’s not enough this, there’s a little bit too much of this, we’re allowing this, we’re allowing that. You know what? If we narrowed this down more, if we changed this, it still would not be good enough. There would be excuses. What we’re doing is generating approximately two billion dollars up front, 1.4 billion dollars annually, to pay for the money we need to do a capital development bill, to help our schools. I agree with my colleague that this might not be the greatest way to fund our schools, but no one wanted to vote for GRT, no one wanted to vote for an income tax increase, because I was on the show with one of my colleagues from the other side who said we don’t want to vote for an income tax increase. Well, you got to vote for something if you want more money in this State. Well, I don’t care how you figure it out. This is a sin tax in the way you want to figure it out. It’s the same thing if we raise taxes on cigarettes, if we raise taxes on alcohol. The last time we did a capital development bill, we did it on alcohol, we did it on beer. Oh, by the way, it was okay to raise the taxes on every license plate in the State of Illinois. We didn’t care about those people then. We could raise it then. We’re raising it on a user tax right now. We’re expanding gaming. People don’t have to go on these riverboats if they don’t want to. They don’t ever have to step foot on ‘em if they don’t want to. But they are going to ‘em. They’re going to Indiana. They’re going 132  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 to Wisconsin. They’re going to Missouri. We want to keep this money in the State of Illinois. We want better schools. We want better highways. We need it in the State of Illinois. Let’s stop the excuses. Let’s do this tonight and let’s get it done. Thank you.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

133  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 But what I said was the operator’s license.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

They -- they will hire an operator who will build and manage and operate the casino, subject to competitive -- bidding.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

We still don’t prohibit it.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

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

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

Yes, Mr. President. You know, I’ve been here sixteen years now and it blows my mind when intelligent people twist the truth, contort what they know to be the facts for political means. And it seems like tonight’s the night for it. I’m going to start very quickly with the fact that Senator Clayborne and I made a number of changes that were requested on that side of the aisle. Still don’t make any difference. We changed things for 135  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 you. We -- we give you what you say you want and you’re still against it. You know what that makes you? An obstructionist. Obstructionist. You’re not for anything. You’re not for the GRT. You’re not for any kind of tax increase. You’re not for any revenue enhancement. You are obstructionists. So you may as well get up and say it. It also blows my mind to see a person who ran against Governor Blagojevich all of a sudden tonight concerned about whether we talked to him or not. Well, there was an election. He won. Get over it. Okay? Why pretend as if you are concerned whether we spoke to the Governor or not? This is the Senate. We make up our own minds. Now, as far as Rockford is concerned, I got to deal with it, because I personally -- I personally went and spoke with the esteemed Senator from the Rockford area, a friend of mine. Personally asked him several months ago, at least a month ago, would Rockford like to participate? I was told that the Mayor of Rockford was not on board. Well, if the Mayor is not on board, how can Rockford participate? I’m like Senator Clayborne, I’d still love to have Rockford be able to be a player. But you have to bring boats to the table and you have to have your Mayor on board. So let’s put the truth out here, instead of just, you know, turning it and -- and being -- twisting it and knowing that -- that you’re not telling the truth. As far as the Chicago license go, Senator Clayborne has said very clearly that the Gaming Board can get rid of the license that goes to the operator. It’s simple. It’s simple. How do we fund anything if there is no revenue? The Indiana boat, you know what they call it? The Chicago boat. The Horseshoe is called Chicago’s casino. You want to know why? Because eighty percent of the 136  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 people that go there are from the City of Chicago. Eighty percent. Eighty percent. So our gambling dollar is going to Indiana right now. The other one, they call -- it’s called a Chicago resort. And if you listen to their commercials on -- on radio, they say Chicago-style hotdogs, Chicago restaurants, take the Chicago Skyway. They never say the word “Indiana”. When are we going to get smart and do…

PRESIDING OFFICER: (SENATOR DeLEO) Senator -- Senator -- Senator Hendon. Senator Hendon, could you -- could you -- could you please bring your remarks to a close, sir? Your time has expired. …you very much, Senator. Further discussion? Leader Watson, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Watson. Last person seeking recognition and speaking is President Jones. President Jones and then Senator Clayborne, to close, sir. President Jones.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, President Jones. Senator Clayborne, to close, sir.

Thank you, Mr. President, and -- and Members of the Senate. And I truly appreciate the words of -- of President Jones and -- and my friend, Senator Link. What’s ironic about what has transpired in the last week to month is that my colleagues on the other side of the aisle are supposed to be about jobs. Well, this is a jobs bill. My colleagues on the other side of the aisle -- like I go in -- in -- in the Minority Leader’s Office and there’s Ronald Reagan, and he talked about trickle- down economics. If you empower the disadvantaged, then they will support businesses, as one of my colleagues out of Aurora talked about. They will have health care. They will be able to build in their community. They will be able to support their community. But you know what’s ironic? And I talked to the Minority Leader the other day. Free-market Republicans are voting for price controls. Now, they’re getting ready to vote 141  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 against jobs, which creates taxes, which creates revenue, which supports our general fund. When we talk about bonding, there’s three hundred and fifty million dollars that will go to school construction, that will go to a capital program. I told one of my colleagues in the -- in the committee - she said it wasn’t enough - I said give me a call and we’ll sit down and talk about it. I haven’t received a call. So she wasn’t sincere. When you talk about funding going to higher education, 54. -- 57.4 million dollars will go to our public universities that they are not expecting. Yet, this is not the right bill, as my colleagues on the other side talked about. They talked about FIRST -- Illinois FIRST. Well, that was a 2.2-billion-dollar program over five years. Five years. A twelve-billion-dollar program over five years. It wasn’t all in one year. So, there’s a little misleading, just like it was told about the -- the -- the -- Amendment No. 3. Well, that was corrected in the subsequent amendment. If you truly care about this State and you want to empower people and give them a chance to work, pay taxes and be -- be productive, you’ll vote for this bill. If you true -- truly care about the kids and the schools and the roads, you’ll vote for this bill. If you truly care about making this State more competitive and not allowing our dollars to leave and go to other states, you will vote for this bill. I say to -- to all of you all here, this is not perfect. I have a community that has a boat and it has afforded people the opportunity - whose -- who have low skills - to go to work every day, live a productive life and provide for their children. And the only thing that I ask you all is to give others in this community -- in these communities where these boats and the 142  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 casino will go the same opportunity. Give them a chance to live a productive life. Give them a chance to be able to make sure that their kids have the things that they need on a daily basis. Give them the chance to show their kids that they can be productive, that they can work hard and make this State a better place. I ask for your favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, the question is, shall House Bill 25 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 30 Yeses, 29 Nays, 0 voting Present. House Bill 25, having received the required constitutional majority, is declared passed. Leader Watson, for what purpose you seek recognition?

PRESIDING OFFICER: (SENATOR DeLEO) That request is always in order. The gentleman has asked for a verification. I’d ask all Members, please, to be in their seats. Madam Secretary, please read the affirmative votes, please. Those Members voting in the affirmative.

PRESIDING OFFICER: (SENATOR DeLEO) 143  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Thank you, Madam Secretary. Senator Watson, do you question the presence of any Member voting in the affirmative, sir?

PRESIDING OFFICER: (SENATOR DeLEO) I’m sorry, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes in the Chamber? Senator Linda Holmes in the Chamber? Linda Holmes is at the rear of the Chamber on the Republican side.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson, do you question the presence of any other Member, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs…

PRESIDING OFFICER: (SENATOR DeLEO) …is in his chair. Very dilatory. Senator Watson, do you question any other presence of any Member voting in the…

PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez is in her chair.

PRESIDING OFFICER: (SENATOR DeLEO) Do you -- okay. Ladies and Gentlemen, on a verified roll call, there are 30 -- 30 Ayes, 29 Nays, 0 voting Present. And the bill, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen of the Senate, I’d ask you to go to Supplemental Calendar No. 3. Supplemental Calendar No. 3. On the top of that is Secretary’s Desk, Concurrence. Concurrence, Senate Bills is Senate Bill 241. Senator Trotter, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, to explain your motion, sir.

Yes, thank you very much, sir. House Amendment 1 and 2 to Senate Bill 241 is our fourth edition of the ’07 Supplemental request. It is for one billion four hundred twenty-seven 145  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 million five hundred and fifty thousand dollars. It has ninety- nine percent of the things that’s been in the other three bills with the addition of adding one hundred and fifty million dollars for school construction grants pursuant to the School Construction Law. It also has eleven million three hundred and ninety-eight thousand dollars GRF transferred into the Worker Compensation Revolving Fund. And also, under Central Management Services, it has that same money that’d be transferred to -- up from other State funds of eleven million three hundred ninety- eight thousand dollars to satisfy settlements of -- of workers’ comp cases. Potentially, savings of 41.6 million dollars. It has in here, to the Comptroller, one million four hundred and sixty-one dollars of -- which -- from GRF, which will go for COLA increases to members of the Executive and Legislative Branches per the Compensation Board. It has an additional seventeen thousand dollars which will deal with our COLA inclusion -- seventeen million dollars for our COLA inclusions for the COLA increases for the years of ’03, ’04 and ’05. It has dollars in here for the line of duty awards of seven million seven hundred and twenty-three thousand. And it also, of course, has the one billion two hundred and fifteen million two hundred thousand dollars for payments pursuant to the hospital assessment. Has, again, various other lines. And the total of this, again, will be one billion four hundred twenty-seven million five hundred and fifty thousand dollars. And I’m prepared to answer questions if necessary.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, once 146  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 again, this is final action. The question is, shall the Senate concur in House Amendment No. 1 and No. 2 to Senate Bill 241. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 37 Ayes, 21 Nays, 0 voting Present. Senate Bill 241, the Senate concurs in House Bill -- Amendment No. 1 and Amendment No. 2 to Senate Bill 241. And the bill, having received the required constitutional majority, is declared passed. Continuing on -- on the Order of Concurrence is Senate Bill 715. Senator Trotter, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, to explain your motion, sir.

Yes, thank you very much. House Amendment No. 2 amends the underlining {sic} bill which created school health centers. It specifically deals with providing that all students in the school under the age of eighteen are eligible for services if they have obtained written parental consent or if they are otherwise permitted under Illinois law to consent on their own behalf to such care. It provides that all students eighteen years of age or older are eligible for the services. Provides that the school health centers shall provide a list of the 147  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 health services available and provides for consent form containing a statement that a parent, legal guardian or student who’s permitted under Illinois law to consent onto his or her behalf has a right to refuse any health care services. It particularly just only addresses two Sections of the bill and that’s Section 10 and Section 15 - eligibility and consent.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you -- thank you, Senator. Further discussion? Senator Lauzen, are you seeking recognition, sir? 148  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) Are you seeking leave to ask the gentleman a question, Senator Lauzen?

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

Illinois law has already enumerated, in fact, that if you’re an -- emancipated minor, that you can do this. Women who are pregnant can seek various services under these clinics. And there are a few other examples as well. It’s all in the Public Health Act, Consent to {sic} (by) Minors to Medical Procedures Act, which is 410 ILCS 210.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Righter, are you seeking recognition on this matter, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.

No, it is not. As I also mentioned that it is a minor, by a pregnant woman who is a minor, by any person eighteen years of age, not because of such minority and, of such purpose, a married person, and it goes on. And again there’s several categories here in the Section in the Illinois Code that I mentioned earlier.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter. I’m -- excuse me. I’m sorry. Senator Righter.

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

PRESIDING OFFICER: (SENATOR DeLEO) Sometimes you look alike. I’m -- I get confused.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you -- thank you, Senator Righter. And I apologize for …(microphone cutoff)… recognizing you. Senator Martinez, are you seeking recognition on this issue, ma’am?

Yes, I am, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez. 151  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

Thank you. Thank you, Mr. President, Members of the Senate. I -- I stand in very strong support of this bill. I have a high school in my district that has a health center and I got to say that you’d be surprised how many of our young people actually utilize this health center. Some of the students are afraid to talk to their parents and they’ll go and talk to a nurse or encourage their friends to go and seek medical attention, something they don’t do on their own sometimes. And so I really believe that we should have health centers in every school -- every high school, because I think that our young people need to be able to visit a clinic in their own schools when they’re not feeling well. So I encourage an Aye vote from everyone in this Chamber, because it is a very important asset for our young people to have in their high schools. So I -- I would encourage an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Martinez. Further discussion? Senator Lightford, are you seeking recognition on this?

Thank you, Mr. President. To the bill.

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

I, too, rise in strong support of this legislation. In fact, a couple years ago, I helped put a health clinic in Proviso East High School and it’s done many improvements for the attendance at the high school. It’s so important that when students are at school if they’re taken ill, many want to be 152  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 excused for the day. But with the nurse at the school, with the health facility at the school, it gives them a chance to be checked out, to be referred to a doctor if needed at a later date, but it -- it’s an immediate -- an immediate ramification to some problems. And so -- many of the other diseases and problems that many students wouldn’t know about, awareness is at an ultimate high with the health center actually in the school, and for many other problems. And so I do feel that having a health center in a high school really improves on their academics ultimately. The bottom line is keeping students in school, keeping them healthy and giving them health choices. And so I support this legislation and I would urge all of us to vote for -- vote for it.

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

Thank you very much, Mr. President, Members of the Senate. Currently there are forty-one school-based clinics in Illinois. This bill will allow the creation of twenty additional ones. Through their use of immunizations, physical exams, asthma care, mental health counseling, we are contributing to, one, cutting down on absenteeism and also to -- to a healthy student population. I ask all for its Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, once again, this is final action. The question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 715. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. 153  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 32 Ayes, 26 Nays, 1 voting Present. The Senate concurs in House Amendment No. 2 to Senate Bill 715. And the bill, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, continuing on the Supplemental Calendar on the Order of Concurrence now comes Senate Bill 1544. Senator Hendon, do you wish to proceed, sir? He indicates he wishes to proceed. …moment, Senator Hendon. Senator Righter, for what purpose are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator -- Senator Hendon. Senator Righter, I am very, very sorry, but we have already moved on to the next order of business and the bill was -- Senate Bill 1544, sir, was on the board and we were already -- we’re on the Order of Concurrence. The -- the sponsor indicated he wanted to proceed. Your light did not come on in a timely fashion. We will continue on the Order of Concurrence of Senate Bill 1544. Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) I can tell you by a visual, except for Senator DeLeo - he’s not in his seat.

PRESIDING OFFICER: (SENATOR DeLEO) Members are here.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you very much for your consideration, sir. Ladies and Gentlemen, returning to the Order of Concurrence is Senate Bill 1544. Senator Hendon, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon, to the motion, sir.

Thank you, Mr. President. This is a concurrence motion with the -- with the House Majority Leader Representative Currie, so that should make everybody feel very, very comfortable, because the House is -- we’re concurring with what they did over in the other Chamber. So everybody should be with this since we were so concerned and want to make sure that the Speaker is with us. So, I urge an Aye vote and I’ll be happy to answer any questions. This is closing the corporate loopholes and should raise around two hundred and thirty-two million for the State. 155  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson, for what purpose do you seek recognition, ma’am?

Thank you, Mr. President. I move the previous question.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, the lady has moved the previous question. I’d ask the Parliamentarian to please take recognition. Please make a list of the lights being lit, the speakers. Okay. Is there any discussion? Senator Radogno, for what purpose do you rise, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) Okay, let me just -- let me -- just let me interrupt you for one second, please. For the purposes of consideration to all Members seeking to speak on this issue, we will go back to the debate timer. We will go to the three-minute clock and your time will start now. Senator Radogno.

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

Well, there are a number of closing the corporate loopholes that were chosen and this is not a tax increase as the previous speaker said. This is closing the corporate loopholes and this is just one of them that they chose in the House, and -- with their wisdom - you know, they’re quite intelligent over there. Majority Leader Currie. They chose this one and I -- and I concur with it. 157  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

This is for people who live outside of Illinois. So we’re just trying to tax people who live outside Illinois and then we don’t have to tax the good people of this State.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

The individuals may live outside of Illinois that we are attempting to tax here.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

We could use the thirty-five million.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Pankau.

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

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. We have to bring your remarks to a close, ma’am. Senator Syverson, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

Well, it reads providing services other than airline services. So I don’t think it will negatively affect air passenger business at all.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

If you look at line 18, it says other than by the airlines. 160  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

If you -- if you will read -- you have to read the bill and that Section in its entirety, Senator. It’s clear to us that it is not going to affect -- negatively affect the airline industry whatsoever.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson, please bring…

PRESIDING OFFICER: (SENATOR DeLEO) …please bring your remarks to a close.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

What I said -- what -- it was not going to negatively 161  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 affect that industry. There is no tax being added. We’re closing the corporate loophole, but it won’t negatively affect the industry whatsoever. By the way, these were chosen -- this is a concurrence motion, which came over from the -- the House, which means Speaker Madigan and Leader Currie chose these if that gives you a level of comfort.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen, your time has expired. Senator -- Senator Hendon, you can…

My esteemed colleague asked about five, six questions in -- in one convoluted statement. So, let me just try to deal with a couple of ‘em very quickly. First of all, only Missouri and Illinois do follow the rule of law, as you described earlier, on the apportionments. And we trust that the Director of Revenue will be able to do the right job. As far as the Sub S 163  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 corporations go, I’ve already answered that and explained it and we’re simply closing the corporate loopholes. You got to be for something. You’re not for GRT. You’re not for gaming bringing in revenue. We’re for…

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Hultgren. Senator Hultgren, are you seeking recognition on this issue, sir?

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

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

…it. Spend it.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

I believe the Governor would take the money and help us spend it.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Brady.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you, Senator Brady. Final person seeking recognition is Leader Watson.

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

First of all, let me let you know that the film tax credit, we’re -- we’re -- we’re closing that loophole as well, so that should give you some level of comfort. But passing through the State, is simply we have some people sometimes that’ll set a P.O. box up, get a mortgage mailed to them at this P.O. box in a different State, and then not pay the taxes that they owe to the State of Illinois. So, we want money that pass through the State to stay in the State. 168  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.

PRESIDING OFFICER: (SENATOR DeLEO) Please -- please. Leader Watson.

PRESIDING OFFICER: (SENATOR DeLEO) …please bring your remarks to a close, sir. 169  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in Amendment No. 1 and No. 2 to Senate Bill 1544. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 32 Ayes, 26 Nays, 0 voting Present. The Senate concurs in House Amendment No. 1 and No. 2 to Senate Bill 1544. And the bill, having received the required constitutional majority, is declared passed. Watson, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) I can hear you now.

PRESIDING OFFICER: (SENATOR DeLEO) So, the gentleman is requesting a verification. Will all Members please be in their seats? Madam Secretary, would you read the Members voting in the affirmative, please?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator, do you question any presence of any Member voting in the affirmative, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio is in her seat.

PRESIDING OFFICER: (SENATOR DeLEO) Susan Garrett’s in her Chair. She never leaves.

PRESIDING OFFICER: (SENATOR DeLEO) Lightford’s in the rear of the Chamber. Senator Lightford. Senator Lightford’s here.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. On a verified roll call, there are 32 Ayes, 26 Nays. Senate Bill 1544, having received the required constitutional majority, is again declared passed. Senator Dahl, for what purpose you seek recognition, sir? 171  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

PRESIDING OFFICER: (SENATOR DeLEO) The record will so reflect your intention, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, I ask you to turn to page 3 of your Calendar. Page 3 of your Calendar comes Senate Bills 3rd Reading. On the top of page 3 is Senate Bill 5. Senate Bill 5. Okay, the sponsor has been changed to Senator Ronen. Senator Carol Ronen. Do you wish to proceed? Do you wish to proceed, ma’am? She indicates she wishes to proceed. Madam Secretary, read the bill. Excuse me. I understand that, Senator Ronen, you’re going to seek leave of the Body to return Senate Bill 5 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, ma’am? Hearing no objection, leave is granted. Now on the Order 2nd Reading is Senate Bill 5. Madam Secretary, has there been any amendments approved for consideration?

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

Thank you, Mr. -- Mr. President. Happy to do this. Be happy to explain the substance of the bill when we get to 3rd 172  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Reading. This amendment, I believe, becomes the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, is there any discussion on the amendment? Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, the gentleman has request -- so, Senator Ronen moves the adoption of Floor Amendment No. 1 to Senate Bill 5. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 29 Ayes, 28 Nays. And the amendment is adopted. Leader Watson, for what purpose you seek recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Gentleman has asked for a verification on the…

PRESIDING OFFICER: (SENATOR DeLEO) …adoption of the amendment. That request is in order. Senator Watson has requested a verification. Excuse me. Will the Members all be in their seats? Madam Secretary, would you 173  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 read the Members voting in the affirmative, please?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs is not voting.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson, do you question any other -- presence of any other Member, sir?

PRESIDING OFFICER: (SENATOR DeLEO) On a verified roll call, there are 29 Ayes, 28 Nays, 0 voting Present. Floor Amendment No. 1 is adopted. Madam 174  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Secretary, has there been any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Ronen, to explain Floor Amendment No. 2, ma’am.

Thank you, Mr. President. This changes the Community Center Targeted Expansion Act {sic} to Community Health Provider Targeted Expansion Act. This is a technical change. A language problem in the original bill. A technical amendment.

PRESIDING OFFICER: (SENATOR DeLEO) If we could just hold on one second. The board still reads Floor Amendment No. 2. The board should be corrected to read Floor Amendment No. 2. I understand… Okay, Ladies and Gentlemen, Senator Ronen moves the adoption of Floor Amendment No. 2 to Senate Bill 5. Senator Righter, are you seeking recognition? Okay, Senator Ronen moves the adoption of Floor Amendment No. 2 to Senate Bill 5. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment’s adopted. Madam Secretary, have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Koehler, to explain your amendment. Floor Amendment No. 6, sir.

175  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 Thank you -- thank you, Mr. President, Members of the Senate. Floor Amendment No. 6 does a couple of things. One is that, in figuring out the assessment against an employer, it’s important to not count against that employer any employee who has insurance from another employer. As an example, a spouse employee -- employed at another employer if you have your spouse covered, that employer doesn’t have to have it counted against them. It also takes into consideration that in some companies where you have a few very high paid employees that you wouldn’t have to use that whole amount again to figure out the four- percent threshold. So this protects employers who do offer insurance from not having to have trouble in meeting that formula. So, I’d -- I’d ask for an Aye vote.

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

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Koehler moves the adoption of Floor Amendment No. 6 to Senate Bill 5. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment’s adopted. Are there any further Floor amendments approved for consideration, Madam Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Senator -- Senator Hunter, on Floor Amendment No. 7. Senator Hunter, to explain your amendment, ma’am. Floor Amendment No. 7.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment 7, in honor of the late Senator Margaret Smith, it adds her name onto this piece of legislation as the Margaret Smith Illinois Health Care Act For All {sic}. Because of -- Senator Smith, back in the 80s when it was not fashionable to deal with the issue of universal health care, Senator Smith introduced bills and she used her position as chairwoman of the Senate Public Health and Welfare Committee to conduct statewide hearings on this issue. She also worked relentlessly to realize the dream of universal health care in Illinois. But it never came to fruition in her lifetime. So due to her work on the universal health care and other issues, she was elected to the - - to the chairperson of various kinds of national organizations. And just basically, in her honor, we’d like to name this piece of important legislation after her, and I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Leader Watson, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Leader Watson. Senator Lightford, are you seeking recognition to speak to the amendment, ma’am?

Yes, Mr. President. And I’ll be brief. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) To the amendment.

Thank you. I’d be remiss if I didn’t, too, rise in support of this legislation and really acknowledge what a wonderful woman Senator Margaret Smith was. And she did lead the fight on many health care issues. And when she had taken ill, I’d gone over to St. John’s Hospital to receive an award in her honor, and even in the midst of her -- on her way to glory, she was still being honored by health institutions across the State of Illinois. And I just want to thank Senator Hunter for remembering Margaret Smith with -- with her passion and it’s such a blessing that we can honor her in this way. And I encourage all of us to vote Aye. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator -- seeing no further discussion, Senator Hunter moves the adoption of Floor Amendment 178  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 No. 7 to Senate Bill 5. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment’s adopted. Madam Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Leave of the Body, we will turn your Senate Calendars to page 13. Page 13 of your Senate Calendars is Senate Bills 3rd Reading. We will go to Senate Bill 890. Senator James Clayborne. Senator Clayborne is seeking leave of the Body to return Senate Bill 890 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 890. Madam Secretary, has there been any amendments approved for consideration?

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

The amendment exempts all riverboat gaming facilities from the smoking ban for five years.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator John Cullerton, are you seeking recognition to this amendment, sir?

Yes. 179  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007

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

Does he want to… Is this the only amendment that’s going to be offered on this bill, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Secretary has indicated this would be the only amendment, sir.

So we can adopt the amendment and debate it on 3rd Reading if it’s going to be called? Maybe we should do with this bill what we did with the last one. We should adopt the amendment and then not call it.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne, as the sponsor of the bill, the gentleman’s request, are you -- going to move to the Order of 3rd Reading this evening, sir?

Yes.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne. Is there any further discussion? Is there any further discussion? Senator Cronin.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, the gentleman has requested a roll call on the 180  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day 5/31/2007 amendment. Senator Clayborne moves the adoption of Amendment No. 5 to Senate Bill 890. All those in favor will vote Aye. All those opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 26 Ayes, 31 Nays, 0 voting Present. The -- the amendment fails. …Secretary, are there any further amendments - - Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. The sponsor would like to proceed with this, sir? President Jones, for what purpose you seek recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) President Jones, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Communications.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, are you seeking recognition, sir?

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

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson, do you have an announcement?

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, there being no further business to come before the Senate, the Senate stands adjourned until the hour of 11 a.m., tomorrow, June 1st, the year 2007. The Senate stands adjourned. 184