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Illinois Senate Floor Debate — June 7, 2007

95th General Assembly (2007-2008) · Legislative day 54 · Regular Session
Chamber
Senate
General Assembly
95th (2007-2008)
Date
June 7, 2007
Legislative day
54
Session
Regular Session
Speaker turns
69
Original
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Debbie DeFrancesco Halvorson (D)

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 by Pastor Rick Wenneborg, Chatham Christian Church, Springfield {sic}, Illinois.

PASTOR RICK WENNEBORG

(Prayer by Pastor Rick Wenneborg)

Debbie DeFrancesco Halvorson (D)

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

Edward D. Maloney (D)

(Pledge of Allegiance, led by Senator Maloney)

Debbie DeFrancesco Halvorson (D)

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

Deborah Shipley

Senate Journal of Wednesday, June 6, 2007.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.

Mattie Hunter (D)

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

Debbie DeFrancesco Halvorson (D)

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

Deborah Shipley

Senate Resolution 241, offered by Senator Koehler and all 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007 Members. And Senate Joint Resolution 63, offered by Senator DeLeo, Harmon, Kotowski and all Members. They are both death resolutions, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions Consent Calendar.

Deborah Shipley

And Senate Resolution 242, offered by Senator Garrett. It’s substantive.

Debbie DeFrancesco Halvorson (D)

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

Deborah Shipley

Senator Meeks, Chairperson of the Committee on Human Services, reports Motion to Concur in House Amendment No. 1 to Senate Bill 234 recommend Do Adopt. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports a Motion to Concur in House Amendments 1, 4 and 5 to Senate Bill 1366 recommend Do Adopt. Senator Silverstein, Chairperson of the -- of the Committee on Executive, reports Senate Amendment No. 1 to Senate Bill 782 and Senate Amendment No. 1 to House Bill 1100 recommend Do Adopt. Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports a Motion to Concur in House Amendments 1 and 3 to Senate Bill 597 recommend Do Adopt. Senator Ronen, Chairperson of the Committee on Licensed Activities, reports a Motion to Concur in House Amendment No. 1 to Senate Bill 1424 recommend Do Adopt. Senator Lightford, Chairperson of the Committee on Education, reports a Motion to Concur in House Amendment No. 1 to 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007 Senate Bill -- 853 and House Amendment No. 1 to Senate Bill 1183 recommend Do Adopt. Senator Harmon, Chairperson of the Committee on Revenue, reports Floor Amendment No. 1 to Senate Bill 798 recommend Do Adopt. Senator Crotty, Chairperson of the Committee on Local Government, reports Senate Amendment No. 1 to Senate Bill 837 and Motions to Concur in House Amendment No. 1 to Senate Bill 434 and House Amendment No. 1 to Senate Bill 833 recommend Do Adopt. Senator Cullerton, Co-Chairperson, and Senator Dillard, Co- Chairperson of the Committee on Judiciary-Civil Law, reports Senate Amendment No. 1 to Senate Bill 1035 and Motions to Concur in House Amendment No. 1 to Senate Bill 531 and House Amendment No. 1 to Senate Bill 996 recommend Do Adopt. And Senator Wilhelmi, Chairperson of the Committee on Judiciary-Criminal Law, reports Senate Amendment No. 1 to Senate Bill 866, Senate Amendment No. 1 to Senate Bill 997, and a Motion to Concur in House Amendment No. 1 to Senate Bill 677 recommend Do Adopt.

Debbie DeFrancesco Halvorson (D)

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

Deborah Shipley

A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 51. Offered by Senator Collins. Adopted by the House, June 7th, 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007 2007. Mark Mahoney, Clerk of the House. It’s substantive, Mr. President -- Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Rules Committee will meet immediately in the President’s Antechamber. Rules Committee.

James A. DeLeo (D)

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

Deborah Shipley

A letter dated June 6, 2007. Dear Madam Secretary - Pursuant to Rule 3-2(c), I hereby appoint Senator Rickey Hendon to resume his position on the Senate Executive Committee. This appointment is effective immediately. Sincerely, Emil Jones, Jr., Senate President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Althoff, are you seeking recognition, ma’am?

Pamela J. Althoff (R)

Yes, Mr. President. Point of personal privilege.

James A. DeLeo (D)

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

Pamela J. Althoff (R)

Up in the gallery, over here on the Republican side, I have Lenore Beyer-Clow, who works with Openlands and happens to be one of my constituents, who is here visiting with her daughter from Woodstock, Illinois. Her daughter’s name is Betsy. Might we welcome them to our gallery?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests please rise and be recognized? And welcome to Springfield, Illinois. Welcome to the Illinois State Senate. 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007 Madam Secretary, Committee Reports, please.

Deborah Shipley

Senator Halvorson, Chairman -- Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to State Government and Veterans Affairs Committee - Senate Resolutions 199, 200, 205, 206, 220, 228, 240, Senate Joint Resolutions 56, 57, 59, and House Joint Resolutions 11 and 24. Senator Debbie Halvorson, Chairman. June 7th, 2007.

James A. DeLeo (D)

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

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, on the Order of Resolutions.

Deborah Shipley

Senate Joint Resolution -- 62. (Secretary reads SJR 62) And this resolution was offered by Senator Link.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Link moves to suspend the rules for the purpose of immediate consideration and adoption of Senate Joint Resolution 62. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Link moves for the adoption of Senate Joint Resolution 62. All in favor will say Aye. And opposed, Nay. The Ayes have it, and the resolution is adopted. With that said, just -- for information, if we can have your -- attention, please. For information to the Members of the Senate: Our intent is to go home today after we do our business and return on Thursday. That is our intent at this time. So I 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007 just wanted to let you know so that you could make your plans. Senator Cronin, for what purpose do you rise?

Dan Cronin (R)

What do you mean by “do our business”?

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) We have several concurrences to work on today.

Dan Cronin (R)

Oh. Okay. My five-year-old was just wondering.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Cronin. I’m sure he could probably do as good a job as the rest of us. So if everybody could open up their Calendar to page 35, Secretary’s Desk, Concurrences. Senator Link, on Senate Bill 13. Senator Sieben, on Senate Bill… Senator Garrett, on Senate Bill 144. On the Order of Concurrences is Senate Bill 144. Senator Garrett, do you wish to proceed? Madam Secretary, please read the motion.

Deborah Shipley

I -- I move to nonconcur with the House in the adoption of their Amendment No. 3 to Senate Bill 144. Signed Senator Susan Garrett.

Debbie DeFrancesco Halvorson (D)

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

Susan Garrett (D)

Yes. Thank you, Madam President. I push -- I am pull -- putting forward a motion to nonconcur with Amendment No. 3 to Senate Bill 144.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett moves to nonconcur in House Amendment No. 3 to Senate Bill 144. All those in favor will say Aye. Opposed, 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007 Nay. The Ayes have it. The motion carries, and the Secretary -- shall so inform the House. Senator Sieben, on Senate Bill 153. Senator Link, on Senate Bill 684. Turn to page 38. Senator Jacobs, on Senate Bill 1261. Senator Jacobs, on Senate Bill 1261. Madam Secretary, please read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1261.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs, to…

Deborah Shipley

Signed Senator Mike Jacobs.

Debbie DeFrancesco Halvorson (D)

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

Mike Jacobs (D)

The motion is to concur with the House amendment. We, in the Senate, passed this bill regarding vacancies and they determined that there should be an addition to that which would say that the county board can only be replaced -- excuse me, the -- I’ve lost it here. Give me one second. The temporary tax collector can be -- can be appointed only after the courts have made the decision. I ask for your favorable consideration.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1261. 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 49 Yeas, 0 voting Nay, 0 voting Present. 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007 The Senate concurs in House Amendment No. 2 to Senate Bill 1261. And the bill, having received the required constitutional majority, is declared passed. Senator Schoenberg, on Senate Bill 1327. Senator Harmon, on Senate Bill 1453. Senator Demuzio, on Senate Bill 1481. Madam Secretary, please read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1481. Signed Senator Deanna Demuzio.

Debbie DeFrancesco Halvorson (D)

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

Deanna Demuzio (D)

Yes. Thank you, Madam President. House Amendment No. 1 to Senate Bill 1481 allows members of the State Employees’ Retirement System to buy back pension credits for two years of leaves of absences during which they worked for a labor organization representing members of the System by paying employee and employer contributions plus interest.

Debbie DeFrancesco Halvorson (D)

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 1481. 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 46 Yeas, 1 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1481. And the bill, having received the required constitutional majority, is declared passed. Senator Schoenberg, on Senate Bill 1617. Madam Secretary, please read the motion. 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1617. Offered by Senator Jeff Schoenberg.

Debbie DeFrancesco Halvorson (D)

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

Jeffrey M. Schoenberg (D)

Thank you, Madam President. I move that the House -- I move that the Senate concur with House Amendment No. 1 to Senate Bill 1617. This is a -- this would ensure that the processing center for destroying the -- the trees infested with the emerald ash borer beetle would -- within quarantined areas, that that processing center, which is commonly known as SWANCC, a consortium of the municipalities, would be -- that the Department would also be authorized to provide any compensation or financial assistance to that local governmental unit collaboration as well.

Debbie DeFrancesco Halvorson (D)

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 1617. 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 51 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1617. And the bill, having received the required constitutional majority, is declared passed. Senator Schoenberg, on Senate Bill 1619. Senator Schoenberg, on Senate Bill 1621. On page… Senator Ronen, on Senate Bill 1625. Senator Haine, on Senate Bill 1627. Madam Secretary, please read the motion. 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1627. Signed Senator William Haine.

Debbie DeFrancesco Halvorson (D)

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

William R. Haine (D)

Yes, Madam President, Ladies and Gentlemen of the Senate, the underlying bill, Senate Bill 1627, was a -- a bill which punished frivolous lawsuits by prisoners. What the House did was catch an unintentional drafting error in that it -- it -- it makes -- it makes clear that this would not include a petition -- a post-conviction petition, which is a matter of right, and if it’s done with counsel, it may raise new issues, witnesses that were not raised, and we -- we don’t want to punish someone for fairly and properly asserting a right. So that’s what this amendment does. It’s a -- it’s a good amendment and I would ask support for this.

Debbie DeFrancesco Halvorson (D)

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 1627. 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 51 Yeas, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1627. And the bill, having received the required constitutional majority, is declared passed. Top of page 40 is Senator Raoul on Senate Bill 1653. Madam Secretary, please read 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007 the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1653. Signed Senator Kwame Raoul.

Debbie DeFrancesco Halvorson (D)

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

Kwame Raoul (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 1653 originally passed the Senate unanimously, amending the Article of the Pension Code concerning the Metropolitan Water Reclamation District Fund. House Amendment No. 1 simply makes two deletions to the bill and retaining the rest. It takes out a provision embracing international investments and it also deletes the authorization to increase percentages of assets held in convertible debt.

Debbie DeFrancesco Halvorson (D)

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

Bill Brady (R)

Thank you, Madam President. To the bill. I just want to stand in support of the gentleman’s legislation.

Debbie DeFrancesco Halvorson (D)

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 1653. 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 50 voting Yea, 0 voting Nay, 0 voting Present. And the Senate concurs in House Amendment No. 1 to 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007 Senate Bill 1653. And the bill, having received the required constitutional majority, is declared passed. Senator Hunter, on Senate Bill 1664. Madam Secretary, please read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1664. Signed Senator Mattie Hunter.

Debbie DeFrancesco Halvorson (D)

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

Mattie Hunter (D)

Thank you, Mr. -- Madam President. Senate Bill 1664 amends the Community Services Act. It has two amendments. Amendment 1 removed language stating that the shift of services and supports from the State to the community shall be acknowledged by the State. And Amendment 2 basically removes references to the Intermediate Care Facilities -- DD and Long Term Care for age -- Under Age 22 facilities as community residential alternatives. And I ask for a favorable vote.

Debbie DeFrancesco Halvorson (D)

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 and 2 to Senate Bill 1664. 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 51 Yeas, none voting Nay, none voting Present. And the Senate concurs in House Amendments No. 1 and 2 to Senate Bill 1664. And the bill, having received the required constitutional majority, is declared passed. Senator Delgado, on Senate Bill 1746. We will now proceed to the 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 54th Legislative Day 6/7/2007 Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?

Deborah Shipley

No objections filed, Madam President.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the resolutions are adopted. Senator Link, for what purpose do you rise?

Terry Link (D)

Thank you, Madam President. I just -- an announcement. Senator Silverstein is absent today due to business in the district.

Debbie DeFrancesco Halvorson (D)

PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator. Pursuant to Senate Joint Resolution 62, the Senate stands adjourned until Thursday, June 14th, 2007, at 12 noon. The Senate stands adjourned. 13