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Illinois Senate Floor Debate — July 26, 2007

95th General Assembly (2007-2008) · Legislative day 75 · Regular Session
Chamber
Senate
General Assembly
95th (2007-2008)
Date
July 26, 2007
Legislative day
75
Session
Regular Session
Speaker turns
264
Original
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PRESIDING OFFICER

STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT (SENATOR DELEO) 7/26/2007 The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desk? Would our guests in the galleries please rise? The invocation today will be given by Dr. Maryam Mostoufi, Islamic Society of Greater Springfield. Doctor.

DR. MARYAM MOSTOUFI

(Prayer by Dr. Maryam Mostoufi)

James A. DeLeo (D)

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

Edward D. Maloney (D)

(Pledge of Allegiance, led by Senator Maloney)

James A. DeLeo (D)

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

Deborah Shipley

Senate Journal of Wednesday, July 25th, 2007.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Good afternoon, Senator Hunter. Nice to see you on this summer afternoon. Senator Hunter.

Mattie Hunter (D)

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

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Thank you. Senator Hunter moves to approve the Journal just read by the Secretary. There being no objection, SO ordered. Madam Secretary, Resolutions, please. 1 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007

Deborah Shipley

Senate Resolution 308, offered by Senator Link and all Members. It's a death resolution, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Thank you, Madam Secretary. Resolutions Consent Calendar. Madam Secretary, Committee Reports, please.

Deborah Shipley

Senator Wilhelmi, Chairperson of the Committee on Judiciary- Criminal Law, reports a Motion -- Motion to Concur with House Amendment No. 1 to Senate Bill 363 and House Amendment No. 1 to Senate Bill 1023 recommend Do Adopt. Senator Munoz, Chairperson of the Committee on Transportation, reports a Motion to Recede from Senate Amendment No. 1 to House Bill 654 recommend Do Adopt. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports House Bill 3388 Do Pass, as Amended; and a Motion to Concur with House Amendments 1 and 2 to Senate Bill 1704 recommend Do Adopt. Senator Lightford, Chairperson of the Committee on Education, reports Senate Amendment No. 3 to Senate Bill 1 recommend Do Adopt. And Senator Ronen, Chairperson of the Committee on Licensed Activities, reports a Motion to Concur with House Amendments 1 and 2 to Senate Bill 128 recommend Do Adopt.

James A. DeLeo (D)

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

Deborah Shipley

A Message from the House by Mr. Mahoney, Clerk. 2 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 509, together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 6 to Senate Bill 509, House Amendment No. 7 to Senate Bill 509, and House Amendment No. 8 to Senate Bill 509. Passed the House, as amended, July 26, 2007. We've received a like Message on Senate Bill 1167, with House Amendment No. 1. Passed the House, as amended, July 26, 2007. Mark Mahoney, Clerk of the House.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Ladies and Gentlemen, if I could have your attention, please. Supplemental Calendar No. 1 has been printed and distributed on all Members' desks. We will be going to the Order of House Bills 2nd Reading on Supplemental Calendar No. 1. Okay. On the Order of House Bills 2nd Reading is House Bill 3388. Senator Demuzio. Senator Deanna Demuzio. Senator Deanna Demuzio, on House Bill 3388, ma'am. Would you like to proceed with the bill? She'd like to proceed. Madam Secretary, read the bill.

Deborah Shipley

House Bill 3388. (Secretary reads title of bill) The Committee on Environment and Energy adopted Committee Amendment No. 1. 2nd Reading of the bill. 3 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Thank you. Has there been any Floor amendments, Madam Secretary?

Deborah Shipley

No further amendments reported, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Thank you. 3rd Reading. Okay, Ladies and Gentlemen, continuing on the Secretary's Desk, Concurrence, Senate Bills, we have Senate Bill 128. Senator Demuzio, are you handling this for President Jones? Okay, Ladies and Gentlemen, on Concurrence is Senate Bill 128. Madam Secretary, has this been read for the 3rd time? Excuse me. It's on -- a motion on a concurrence. Senator Demuzio. 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 128. Filed by Senator Emil Jones, Jr.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Senator Demuzio, to explain the motion, ma'am.

Deanna Demuzio (D)

Yes. Thank you very much. As originally passed by the Senate, Senate Bill 128 is an update and an extension of the Clinical Social Work and Social Work Practice Act. House Amendment 1 and 2 retain the language and make additions.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Thank you very much. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in House Amendment -- House Amendment No. 1 and No. 2 to Senate Bill 128. 4 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 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 54 Ayes, 0 voting Nay, 0 voting Present. The Senate concurs in House Amendment No. 1 and No. 2 to Senate Bill 128. And the bill, having received the required majority, is declared passed. Continuing on Motion to Concur is Senator Haine. Senator Haine, on the Order of Concurrence is Senate Bill 363. Senator Haine, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman's motion.

Deborah Shipley

I move to concur with the House in their adoption of Amendment No. 1 to Senate Bill 363. Filed by Senator William Haine.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Senator Haine, good afternoon, sir.

William R. Haine (D)

Good afternoon, Mr. President. It's a pleasure to be here.

James A. DeLeo (D)

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

William R. Haine (D)

I would like to have someone explain what happened last night at Busch Stadium, but I will proceed on this bill. This is a concurrence in House Amendment No. 1. If the Senate -- if my distinguished colleagues will recall, this bill established a permissive inference by a jury that they may find reckless homicide if someone speeds through a construction zone and, as a result of that, a worker in the zone is killed. Same with a 5 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 school zone, and as a result of that conduct, a child is killed. The House added two very good amendments. I was at the Judiciary Committee in -- in the House where this exchange took place and they added -- they -- they raised the speed limit to a minimum of twenty over the posted in the construction zone, and the construction zone itself must be clearly posted. And they also added the requirement -- or school zone -- they also added the requirement that children be present during school hours and that workers actually be doing work in the construction zone, rather than speeding through a -- a -- an abandoned zone. And I would ask for an Aye vote.

James A. DeLeo (D)

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

Dale E. Risinger (R)

Will the sponsor yield for a question?

James A. DeLeo (D)

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

Dale E. Risinger (R)

Yeah. I want to make sure I understand. So, are you saying that you have to be going twenty miles over the speed limit and kill someone before that kicks in?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Senator Haine.

William R. Haine (D)

Yes. That is correct, Senator.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Okay. Ladies and Gentlemen, seeing no further discussion, 6 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 363. 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, 0 voting Nay, 1 voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 363. And the bill, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, continuing on Motions to Concur is Senate Bill 1023 on the Order of Concurrence. Senator Cullerton, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, would you read the gentleman's motion?

Deborah Shipley

I move to -- I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1023. Filed by Senator John Cullerton.

James A. DeLeo (D)

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

John J. Cullerton (D)

Thank you...

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) How are you this afternoon, Senator?

John J. Cullerton (D)

Fine. How you doing?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Good.

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. This bill 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 75th Legislative Day 7/26/2007 has basically two provisions. The first one -- the first one is a recommendation of the Capital Punishment Reform Study Committee that, I believe, Senator Dillard is a member of. I'm not on it, but this is their recommendation. It has -- and they have two recommendations. It would require the development of technical guidelines for the mandated recording of custodial interrogations in all homicide investigations, to be done through the Illinois Law Enforcement Training and Standards Boards -- Board working with relevant and knowledgeable law enforcement and technology accredited groups. And secondly, they -- they mandate the creation of a statewide Capital Crimes Database and a repository and monitoring system for the data that's collected. Now, the second part -- so that's the recommendation of that Capital Punishment Reform Study Committee, which we created legislatively to study the reforms to the capital punishment system that were enacted a few years ago. The second part of the bill addresses a Supreme Court decision that just came down the -- I believe June 7th. And this is a problem. They -- they basically lowered a penalty in a criminal case because they found that it violated our statute on armed violence, violated the -- the proportionate penalties clause. So, we have what's called the 15-20-25-life sentencing enhancements for certain crimes with a firearm, and the court held that we revived the crime of armed violence predicated on robbery and then they held that, since that offense of armed robbery with a firearm, the Legislature had violated the proportionate penalties clause. So, this bill corrects that. And it -- it actually had been a recommendation of the CLEAR Commission, which is found in the CLEAR Commission recommendations which are being codified now. And it -- it also 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 75th Legislative Day 7/26/2007 avoids any further disproportionate penalty challenges to the statute that may arise. So, it's a little complicated. I'd be happy to answer any questions and ask for an Aye vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DELEO) Thank you, Senator Cullerton, for explaining your motion. Ladies and Gentlemen, is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, let me remind you once again, this is final action. The question is, shall Senate concur in House Amendment No. 1 to Senate Bill 1023. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. And the Senate concurs in House Amendment No. 1 to Senate Bill 1023, and the bill, having received the required required constitutional majority, is declared passed. Illinois Information Systems {sic} (Service) is seeking leave of the Body to videotape the proceedings. Seeing no objection, leave is granted. Also, WAND-TV Channel 17 here in Decatur, seeking leave to videotape the proceedings. Seeing no objection, leave is granted. Okay, Ladies and Gentlemen, for the purposes of an announcement. The Senate Rules Committee will meet immediately in the President's Anteroom. I'd ask all Members of the Rules Committee, please report to the Anteroom immediately for a short Rules Committee meeting. And the Senate will stand at ease for just a moment while the Rules Committee meets. Thank you. And there'll be a change. Senator Hendon in the Chair.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 9 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT Motion to Concur -- after Rules. 7/26/2007 (SENATE STANDS AT EASE/SENATE RECONVENES)

Rickey R. Hendon (D)

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

Deborah Shipley

Senator -- Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Appropriations II Committee - Floor Amendment No. 1 and Floor Amendment No. 3 to Senate Bill 1110; refer to Executive Committee - Floor Amendment No. 3 to Senate Bill 2; refer to Revenue Committee - Floor Amendment No. 3 to House Bill 556; and refer to State Government and Veterans Affairs Committee - Floor Amendment No. 1 to Senate Joint Resolution 54, Committee No. 1 to Senate Resolutions {sic} 256. Senator Debbie Halvorson, Chairman, July 26, 2007.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Ladies and Gentlemen of the Senate, we're going to go back to the concurrence motions on the Supplemental Calendar. Senate Bill 1704. Senator Demuzio, for what purpose...

Deanna Demuzio (D)

Yes. Thank you, Mr. President. A...

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Just a moment. Sorry.

Deanna Demuzio (D)

Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio, for what purpose do you seek recognition? 10 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007

Deanna Demuzio (D)

Yes. Thank you, Mr. President. A -- for the purpose of an announcement.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Go ahead. State your announcement.

Deanna Demuzio (D)

Yes. I'd like to make a motion to waive the posting requirements for today. I move to waive all posting requirements so that Senate Resolutions 242, 256, 275, 293, 298 and 299 be waived, also House Joint Resolutions 22, 28, 31, 48, 49, 51, 64, 65, 66, 69 and 70 be waived, and Senate Joint Resolution 64 and 65 may be heard in the Senate Committee on State Government today.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio moves to waive all posting requirements so that Senate Resolution 242, 256, 275, 293, 298 and 299, House Joint Resolutions 22, 28, 31, 48, 49, 51, 64, 65, 66, 69, 70 and Senate Joint Resolution 64 and 65 can be heard in the Senate Committee on State Government today. All those in favor will say Aye. Opposed will say Nay. The Ayes have it, and the motion is adopted. Ladies and Gentlemen of the Senate, the Executive Committee will meet today at 3 p.m. in Room 212. 3 p.m., in Room 212, Executive Committee. The Revenue Committee will be meeting in Room 400 at 3 p.m. Room 400 at 3 p.m. Senate {sic} (State) Government and Veterans Affairs will be meeting in Room 409 at 3 p.m. Once again, the 3 p.m. meetings: Executive, 212; Revenue, 400; and State Government and Veterans Affairs in Room 409, all at 3 o'clock. At 3:30, Appropriations II will be meeting in Room 212. 3:30, Appropriations II, in Room 212. Please take the 11 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 announcements to heart. Ladies and Gentlemen of the Senate, if you would turn your attention back to Concurrences, is Senate Bill 1704. Senator Forby. On the Order of Concurrence is Senate Bill 1704. Madam Secretary, please read the gentleman's motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1704. Filed by Senator Gary Forby.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.

Gary Forby (D)

Thank you, Mr. President. The reason that we are doing this is to gain an advantage over Texas on FutureGen, will choose the location. Everybody knows that the State of Illinois is a lot better than Texas. The United States -- the Department of Energy estimate the plant will generate thirteen hundred construction job and create a hundred and fifty permanent jobs once it is in operation. This -- bill passed through the Senate 55 -- 59 to nothing on March 22nd. The House made -- made some changes -- House Amendment 1 and 2. The State is no longer liable for accident if the FutureGen operations are negligent. If the contractor does something wrong, that takes the State off the hands. The bill exempts FutureGen from any generator tax imposed by the State. Amendment No. 1 requires the Illinois Department -- Resources to monitor the CO2 and its storage. House Amendment 1 clarifies that the State takes -- takes title to the CO2 at the point that it is injected into the well. House Amendment No. 2 will allow the State to be sued in the circuit court for any claim that involves operating of the FutureGen Project or 12 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 concerns personal injury or wrongful death. This amendment passed out of the House 99 to 1. So, the -- the bill at first was a great bill; with this Amendment 1 and 2, makes it a lot better. If there's any questions, I'll try to answer 'em.

Rickey R. Hendon (D)

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

Dale A. Righter (R)

Thank you, Mr. President. To the bill, please.

Rickey R. Hendon (D)

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

Dale A. Righter (R)

Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Ladies and Gentlemen, this is a great day. And this is a great day for several reasons. First of all, it's a chance to show that this process can still work and that bipartisanship still lives in Springfield. I want to -- I want to thank Senator Forby, the Governor's Office for how hard they've worked on this issue, and everyone else in this Chamber and the Chamber across the way in making this a reality. Second of all, this is an opportunity for us to do something here in this building that will help create jobs in the private sector, thousands of jobs - over two thousand construction jobs and over two hundred good- paying permanent jobs in an area that we need to work harder and harder in each day, and that is the area of reaching out and finding new ways to produce energy. A lot of the other issues we're dealing with here, Mr. President, are -- revolve around the problems we have with energy. This can be one of the answers to that. Thank you, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 13 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 This is final action. The question is, shall the Senate concur in House Amendments No. 1 and No. 2 to Senate Bill 1704. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 1 voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 and No. 2 to Senate Bill 1704. And the bill, having received the required constitutional majority, is declared passed. House Bill 654. Senator Clayborne. This is on a non-concurrence motion. Motion to Recede from Amendments {sic} No. 1. On the Order of Concurrence is House Bill -- on the Order of Non-Concurrence is House Bill 654. Madam Secretary, please read the motion. A motion to recede.

Deborah Shipley

I move to recede from the Senate -- from Senate Amendment No. 1 to House Bill 654. Filed by James Clayborne, Sr. {sic} (Jr.).

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

James F. Clayborne Jr. (D)

Thank -- thank you, Mr. President, Members of the Senate. It removes the -- the amendment that was requested by the Secretary of State regarding not proving, during the entire period of the supervision, that you had insurance, and it goes back to the original bill that holds that first time offenders driving an uninsured vehicle shall receive a hundred-dollar fine and court supervision if, one, they can prove -- they can show proof of insurance by the court date, and two, they have proof of 14 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 insurance for the entire supervision period on the last day of supervision.

Rickey R. Hendon (D)

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

Pamela J. Althoff (R)

Thank -- thank you, Mr. President. To the bill: I just would like to remind people in the Chambers that the original legislation before us reduced the penalty on uninsured drivers. At a time when we're talking about increasing the requirements for individuals to get their driver's license, when we understand the crucial need to ensure that people do have insurance, this reduces that penalty. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) ABC Channel 20 seeks leave to videotape. Leave granted? Leave is granted. Senator Clayborne, to close. I'm sorry, Senator Clayborne. Senator Dahl.

Gary G. Dahl (R)

To the bill, Mr. President. With the previous speaker's comment, this January 1st, next year, the fine for smoking in a public place is going to be higher than the fine for driving without insurance. I think -- I think we're setting a really bad precedent here that's -- that could be -- could be disastrous in the long run. People that are now carrying insurance are going to think twice about that -- about that fine when -- when they get stopped. So, I -- I think we've got a -- we got a bad bill in front of us.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Clayborne, to close.

James F. Clayborne Jr. (D)

15 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 Thank -- thank you, Mr. President and Members of the Senate. To address the previous responses from my colleagues: One, this is for a first-time offender. Two, it only applies if they show that they have insurance at the time of the court date. Too, it only applies if they show that they had supervision {sic} during the entire period on the last day. So, what this does is, it doesn't place such a high financial burden on those individuals now, where they will go out and get insurance. I think what the courts were experiencing was that people weren't paying these fines, and unfortunately -- because it's a five-hundred-dollar fine in which they could go out and get insurance. The end result is that I believe more people, instead of having that five-hundred-dollar fine for first timers, they'll go out and get that insurance, and that's the intent of the law. So, I would ask for your support.

PRESIDING OFFICER

(SENATOR HENDON) This is final action. The question is, shall the Senate recede from House -- Senate Amendments {sic} No. 1 to House Bill 654. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 17 voting Nay, 1 voting Present. The -- the Senate recedes from Senate Amendments {sic} No. 1 to House Bill 654. And the bill, having received the required constitutional majority, is declared passed. The Senate will stand in recess until the call of the Chair. After the committees, we will return to the Senate Floor for further action. Senator Righter, for what purpose do you seek recognition, sir? 16 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007

Dale A. Righter (R)

Thank you, Mr. President. The first committee is scheduled to begin at 3 p.m. Is that correct?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) That is correct. At 3 p.m., we have -- excuse me. I'll let you know. Executive, Revenue and State Government, 3 o'clock. At 3:30, we have Appropriations II.

Dale A. Righter (R)

Mr. President, at this time, the Senate Republicans would request a caucus immediately in Senator Watson's Office. We will be ready to begin work at 3 p.m.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator, that's certainly in order. We -- we -- we are -- we are going to bring in and adjourn all the Special Sessions and your caucus can take place immediately after that. It won't take us but about five minutes to run through that order of business. Senator Righter.

Dale A. Righter (R)

Mr. President, you do, from time to time, go through that kind of speed-reading that you do when you're really in a big hurry to get the Senate business done. Can you engage in little of that for some of the guests in the gallery, as well through the nine or ten or twenty-four Special Sessions that we're in now?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) a Trust me. I intend to engage in that just so you can get out of here before midnight.

Dale A. Righter (R)

Great. Thank you. 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 75th Legislative Day 7/26/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Certainly do that. The Senate will stand in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

Rickey R. Hendon (D)

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

Deborah Shipley

Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment No. 3 to Senate Bill 2, Senate Amendment No. 3 to Senate Bill 770, and Senate Amendment No. 1 to Senate Bill 1084 recommend Do Adopt. Senator Harmon, Chairperson of the Committee on Revenue, reports Senate Amendment No. 3 to House Bill 556 recommend Do Adopt. Senator Demuzio, Chairperson of the Committee on Government and Veterans Affairs, reports Senate Resolutions 242, 293, 298 and 299 Be Adopted; Senate Resolution 256 Be Adopted, as Amended; Senate Joint Resolution 64 and 65 Be Adopted; House Joint Resolutions 22, 28, 31, 48, 49, 51, 64, 65, 66, 69 and 70 Be Adopted; Senate Amendments 1 and 2 to Senate Joint Resolution 54 and a Motion to Concur with House Amendments 1 and 2 to Senate Joint Resolution 9 recommend Do Adopt. And Senator Schoenberg, Chairperson of the Committee on Appropriations II, reports Senate Bills 1109, 1114 and 1134 Do Pass; and Senate Amendments 1 and 3 to Senate Bill 1110 recommend Do Adopt. 18 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will all Senators under the sound of my voice please come to the Senate Floor? We're about to go to substantial Senate Floor action. We're going to Floor action. You need to come to the Senate Floor immediately. Would all administrative assistants please direct your Senator to come to the Senate Floor? We are going to be voting in a few seconds. Madam Secretary. Will all Senators please come to the Senate Floor? We are about to proceed with substantial Senate business. Will all Senators come down to the Senate Floor? Will all administrative assistants please direct your Senator to the Senate Floor? Madam Secretary, Messages.

Deborah Shipley

A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1592, together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 5 to Senate Bill 1592 and House Amendment 6 to Senate Bill 1592. Passed the House, as amended, July 26, 2007. Mark Mahoney, Clerk of the House.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will all Members of the Rules Committee please come to the - behind the President's Anteroom -- in the President's Anteroom? There'll be a Rules Committee meeting immediately. Senator Martinez in the Chair. Will all Members under the sound of my 19 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 voice please come to the Senate Floor? We are seriously about to begin the voting for the night. Will all Senators please come to the Senate Floor? Madam Secretary, Committee Reports.

Deborah Shipley

Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - a Motion to Concur with House Amendments 5 and 6 to Senate Bill 1592. Senator Debbie Halvorson, Chairman. July 26, 2007.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Supplemental Calendar... Will all Members under the sound of my voice please come to the Senate Floor? We're about to go to substantial Senate action right now. Right now. Supplemental Calendar No. 2 has been distributed. It should be on your desk. On the Order of Concurrences is Senate Bill 1592. Senate Bill 1592. Senator Forby. Madam Secretary, please read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendments 5 and 6 to Senate Bill 1592. Filed by Senator Gary Forby.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby, to explain your motion on Senate Bill 1592. Senator Forby.

Gary Forby (D)

Thank you, Mr. President. Appreciate it. We're here today about a bill that we've been working on for a long time, after many months we've discussed this bill. Amendment 5 to Senate Bill 1592 is a packaged relief, a new method for ComEd and Ameren, and State authority to build power plants, renewable 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 75th Legislative Day 7/26/2007 portfolio requires ComEd and Ameren to require the utilities energy to effect -- and demand response. During the next four years ComEd will -- will get four hundred and eighty-eight- million-dollars relief. Ameren will get four-hundred-and-eighty- eight-million-dollars relief. And what this bill all comes about is we've come up with a billion dollars. And in this thing we're going to have a power -- Illinois Power Authority {sic} (Agency). I think the reverse power auction, it's over with. And I think that with the new Power Authority that we're going to make sure that the State of Illinois is going to get the power as cheap as they can get it. And there's -- this has been a long, long system. It's something that -- I've been here for six years I've never had anything any tougher, this here. And you know, a billion dollars -- a lot of people says "Is that enough?" I don't think four billion dollars or five billion dollars, you could ever say enough. But I do -- do I think we can get more than a billion dollars? No. I think we have to have a relief. We got senior citizens. We got people on fixed income. We got people on all electric homes, where a majority of the people got eighty -- probably eighty percent of our calls. And this is where most of this money is going to go to. It's not a fix-all. Everybody's not going to be happy. It's going to help small business. We worked for small business to make sure they was in this. And today I think will -- day for me and a lot of people in this General Assembly, that we will not forget. So, at that, if there's any questions, I'll try to answer ‘em.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Forby. The Chair would appreciate succinct discussion, questions and answers to this legislation. 21 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT A lot of lights are lit. Senator Righter. No? Senator Risinger, for what purpose do you seek recognition, sir?

Dale E. Risinger (R)

Will the sponsor yield for a question?

Rickey R. Hendon (D)

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

Dale E. Risinger (R)

Senator, in this bill, there's relief for the customers to the tune of over a billion dollars. Most of that relief is going to be in credits, but it's my understanding there's going to be some checks issues -- issued. Will you explain to us whether you get a check or whether you get a credit in your bill?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.

Gary Forby (D)

In the Ameren district, if you -- if you're paid up less than sixty days, you will get a check. And if you're over sixty days that you have not paid your bills, you will get a credit. And in the ComEd district, I think they're getting all credits.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.

Dale E. Risinger (R)

Senator Forby, in this bill also, we create the Illinois Power Agency. Can you explain to us why we need the Illinois Power Agency when we have the Illinois Commerce Commission? Is it taking its place? And can you explain the relationship between the Illinois Power Agency and the Illinois Commerce Commission?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 22 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 Senator Forby.

Gary Forby (D)

I think one of the main reasons is we don't want to get in this predicament again. We want somebody that is -- I'm going to say, in this Power Agent, is as sharp and smart as ComEd and Ameren, that buys power. They know how to buy power. They know how to save the State of Illinois money if we need to. We want to make sure that we buy the power as cheap as we can for the -- for our people in our district.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator -- are you done? Senator Risinger.

Dale E. Risinger (R)

Thank you, Mr. President. To the bill itself. I'll finish. You know, there was a lot of hard work into this bill and I don't know whether a billion dollars is the right amount or not, but it's certainly a lot more than we started with whenever we were talking about fifty million or a hundred and fifty million. It certainly is some substantial relief to the ratepayers. So, appreciate that. There's a lot in this bill that a -- a lot of people don't like, but there's a lot in this bill that we do like. I think, at this particular time, this is the best thing that we can expect out of the negotiations that took place. I don't think we're done. I think we need to continue to work to make -- to give the ratepayers the best possible rate that they can get with their -- from their utilities. One of the concerns that we have certainly is the -- the differential between what we're going to be paying in Illinois and what our neighbors over in Missouri are paying who have the same utility company, Ameren. But we have to respect the fact that they're regulated and we're 23 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 a deregulated. And hopefully in the future with the Power Agency that we have created, that we will guess -- get competition here in Illinois and we can move forward and end up with the best possible rates. I intend to support the bill and thank all those that did a lot of hard work on this bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.

Mike Jacobs (D)

Mr. -- Mr. President, I rise to call the previous question.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs moves the previous question. There are -- four speakers remaining. Four. Senator Brady. Senator Brady.

Bill Brady (R)

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

Rickey R. Hendon (D)

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

Bill Brady (R)

Senator, this Power Authority, whose idea was this?

Rickey R. Hendon (D)

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

Gary Forby (D)

I -- I think it was a group of people and I think the Attorney General was probably -- was one of the big issues. I think the House Democrats was interested in this. One of the -- the -- two of the biggest issues on this that started it. And then after they got it started, I think everybody seen it was a good idea and I think everybody jumped on board.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Brady. 24 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007

Bill Brady (R)

So, the Attorney General's Office was one of the leading forces on this. And was the intention that this masterful group, which is duplicative of what the Commerce Commission does, will be able to purchase power at a lower rate than what we have it now?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.

Gary Forby (D)

I -- I'm not going to say that they will be able to buy power cheaper than we are right now. But I'm going to say, they're going to be there and make sure that we're going to get the cheapest price that we can buy power. And I think that -- like I said, I think we'll have the same people like ComEd has and the same people that Ameren, that we are -- can compare with 'em when it comes to it. They'll understand if the price we're buying, that we're buying it as cheap as we can get it.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.

Bill Brady (R)

Thank you, Senator. As -- as you said earlier, we need people who are -- who are smarter than the Commerce Commission. And I certainly would find great fault in the reverse auction process. I -- I think that many people are looking for cover for their involvement in a lawsuit or -- or in authorizing the reverse auction. We were snookered. I -- I find problematic, though, creating another government entity. We ought to refine and improve the one we have rather than create a government entity to give someone cover. I -- I personally rise in 25 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 opposition to this legislation because we don't need to create another government entity. The Illinois Commerce Commission should have the ability to do that and do it wisely, learn from our mistakes without creating this new entity. Ladies and Gentlemen, I also stand in opposition to this legislation not because I believe that a freeze is a permanent solution to the crisis Illinois citizens are facing in the purchase of their power, but because this is not real rate relief. After months of deliberation, Senator Forby, you know as well as I do that our citizens need real rate relief. And real rate relief isn't one billion dollars and one million dollars over three years, when we're allowing the power generation companies to benefit by over six billion dollars. Six billion dollars. One billion one million dollars fails in comparison to the six billion dollars in windfall profits that the generation companies are going to see because we have not purchased energy at a rate that meets our neighboring states and others. A vote for this bill, Ladies and Gentlemen, is quitting. It is quitting because it's not real rate relief. Vote No. Demand that we disassociate ourself with conflicts of interest and provide real rate relief to Illinois citizens.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Chair would like to remind the Members on my side of the aisle that Senator Jacobs moved the previous question and I have no intention whatsoever to recognize any Senator who did not push their button before the motion was made by Senator Jacobs. No matter who you are, unless your name is President Emil Jones, the illustrious, Jr., you will not be recognized. Senator Lauzen.

Chris Lauzen (R)

26 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 Well, thank you very much, Mr. President. We're being told tonight after months and months of -- of discussion on this, we're being hurried along on the debate. We're being told that this is the best that they could do. My comment is that Exelon's chairman every month receives two million dollars per month. Every -- every month, every thirty days Exelon's chairman, two million dollars per month. What we're promising in this package to Commonwealth Edison customers is seven dollars per month. State of Illinois buying electricity for the rest of the State of Illinois, priceless. The same people who have been responsible for practically bankrupting the State of Illinois - the worst unfunded liabilities in the pensions, the accounts payable over three billion dollars, doubling the general obligation debt - we're going to put them in charge of something as important as buying our electricity. I think that we need to follow the smart money as we decide what we're going to do tonight. Wall Street knows what we're doing here tonight. Exelon was up. As people were flying around the State, Exelon went up two percent on Monday. Commonwealth Edison knows. Crain's Chicago Business warns us that as soon as we come to this package settlement that there's going to be a huge dividend - I think that they put the value somewhere between four and six billion dollars - out to shareholders of Exelon Corporation. And so the -- the smart money knows that this is not so much rate relief as it is a settlement, just like a -- a class action settlement. I had many other things that I wanted to share tonight, but I know that, you know, I'm going to be limited as far as time. But last night, after we met on the Floor, I drove home to my district so that I could be at a 7:30 meeting with between three hundred and fifty 27 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 and four hundred seniors in Elgin, Illinois. I asked them whether they wanted me to vote Yes on a billion-dollar package of rate relief or No on seven dollars per month. And their answer overwhelming -- maybe three or -- three to five people said, "Yes, get what you can get now." And the -- the huge majority, almost unanimous, was "no." And some of the -- the -- the answers that they -- they gave me is, "You've got to be kidding", "No way". Another lady said to me, "This is worth two gallons of gasoline a month." The people who I got a chance to poll said that this is not a good -- this is not a good settlement. So, I advise a No -- a No vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you. Senator Forby.

Gary Forby (D)

...the previous speaker, I just have to say something. I know he's called a lot of people. I know everybody in this -- in this place has called a lot of people. But, you know, when CUB is on this as a sponsor and AARP is a sponsor on this, that means that seniors citizens and low-income people is -- is in this. So, they know what this bill is all about. They know they have to have a relief.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

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

Rickey R. Hendon (D)

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

Dale A. Righter (R)

Thank you, Mr. President. Senator Forby, there's been a lot 28 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 of figures thrown around about what the relief might be in Commonwealth Edison territory and what the relief might be in the Ameren territories. Like you, I represent an area that is entirely served by Ameren utilities. What is your understanding of the average monthly relief that will be afforded in the first year of this program for homes that are not all electric? I want to put the all electrics here aside for a moment and -- and talk about people who are both electric and natural gas. What is the average monthly relief as you're understanding?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.

Gary Forby (D)

I don't think it'll be any less than a hundred dollars, and the way I -- I got it, it probably is that people that paid -- that's not on electric, their bill will probably be in half what they paid before on that -- on the extra. Pretty close, on an average. Now I -- I'm talk -- we're talking average here.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

Senator Forby, you mentioned a figure of a hundred dollars. That's for a year, correct?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.

Gary Forby (D)

That -- yes, that is correct, and that's the least amount on that.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter. 29 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007

Dale A. Righter (R)

The information we have, Senator, and I don't want to quibble over the numbers with the time we have here tonight, is that it's going to be an average of about eight dollars a month. Not for the all electrics, but for others. But let's -- let's set that aside for the moment. There's another issue that's -- that -- that's more of a legal issue that I want to ask about, and that is, under this proposal, the reverse auction that was scheduled for January of next year will not happen. We're creating a new State agency, the Illinois Power Authority {sic} (Agency). But it's going to take some time for the Illinois Power Authority to get up and running. So we've got a gap there. To replace the power that the utilities need, how is that gap going to be bridged?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.

Gary Forby (D)

What they've done is the AG has got involved in this and they have a price on power for buying until we get this power approval board.

Rickey R. Hendon (D)

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

Dale A. Righter (R)

Thank -- thank you, Mr. President. Senator Forby, that's the swap contracts that have been referred to. Is that -- is that right?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.

Gary Forby (D)

30 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 Yes.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, you certainly can take your time. You're asking succinct questions and I appreciate it. Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Senator Forby, you say the price has been agreed to in these swap contracts. What is that price?

Rickey R. Hendon (D)

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

Gary Forby (D)

I'm not sure that I could give you the exact price on that. It -- you know, we -- I don't know how you can give an answer till this bill becomes law on that first.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, are we -- Senator Righter.

Dale A. Righter (R)

And, Mr. President, I appreciate your indulgence. Senator Forby, this is my understanding of the process and I want you to help me through this. It's my understanding that the Attorney General went in and sat down with the utilities and some affiliated generation companies and arranged for contracts for the pricing of power to get us through this -- this -- this gap in time. We were -- we were given, along with all the other materials, copies of these swap contracts; except for where it talked about what the price would be for the power, it was blacked out. And so what I'm asking you, Senator Forby: Is that just information that we're not being given on this side of the aisle or is that information that is also not available to you, the sponsor of this bill, even though it was negotiated by a 31 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 public official and is going to be the price on which your constituents and mine pay for their electricity?

PRESIDING OFFICER

Senator Forby.

Gary Forby (D)

(SENATOR HENDON) With competitive prices, it's it's it's hard to throw the numbers out there with competitors. You throw prices out there now, you put prices out there, your other competitors know what your prices is and and you're giving your competitors a advantage over you.

PRESIDING OFFICER

(SENATOR HENDON) Senator Righter, to wrap it up. Senator Righter.

Dale A. Righter (R)

I I'd like to ask one more question and then to the bill, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) One other question and then wrap no problem. Senator Righter.

Dale A. Righter (R)

Thank you no, do you know thank you. Senator Forby, very simply, yes or do you know, as the sponsor of the bill, what the price is in the swap contracts that have been negotiated?

PRESIDING OFFICER

(SENATOR HENDON) Senator Forby.

Gary Forby (D)

No.

PRESIDING OFFICER

(SENATOR HENDON) Senator Righter, to wrap it up.

Dale A. Righter (R)

32 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 Thank you, Mr. President. To the bill: Ladies and Gentlemen, this has been by all accounts a very, very difficult issue that we have wrestled with. I give the sponsor credit. I give all the officials who were -- went to the many, many meetings, the endless hours of negotiations on this legislation and this problem, credit for trying to get your hands around this. But this is the point to which we have come. The point to which we have come is that a number of elected officials in this State, led by the Attorney General, have crafted an intricate and complicated piece of legislation. One of the most important parts of which is how do we get electricity to our consumers for the time between January 1st of next year and whenever the Illinois Power Authority is up and running? Those contracts have been negotiated. Those are the prices that your constituents and mine will be paying for electricity and we're not being told what that is. Now, maybe there's a good reason why we're not being told that. But I don't know what that is. I don't think the sponsor knows what that is. I would guess Mr. President really doesn't know what that is. I don't know, maybe someone in this Chamber does. But I don't know what that is. And the problem is, for me, is that I, like the rest of you, have to go back home and talk to constituents who have faced, in the Ameren territory particularly, skyrocketing rates and explain to them why it is you thought this was the best deal. And I would suggest to you, that's a very, very hard thing to do if you can't tell 'em the price they're going to pay for electricity during this time. What I do know is that of the billion dollars in rate relief that's being afforded over the next four years under this bill, that that is one-ninth - one-ninth - of the new money that the 33 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 utilities will take in over the same four-year period - that's just new money - from the rate increases that went into effect on January 1st. I do know that the Attorney General has agreed to dismiss a number of lawsuits. I'm told, from the Attorney General previously anyway, a number of which had merit with regards to the actions of some engaged in the electric industry. And third, Mr. President, is the talk of "this is good as we could do." And I want to suggest that that is a song that has a number of choruses and we've heard those choruses already. We heard that chorus in December when the fourteen/fourteen/fourteen phase-in plan was passed. It was going to cost Ameren forty-five million dollars. We were told at that time they couldn't afford it. There was a time later - earlier this spring, Mr. President, when a hundred and fifty-two million dollars was the ceiling. There was a time, a little bit later in this Session, when five hundred million dollars was the ceiling. So, is a billion dollars the ceiling? I don't know. I'll give the sponsor credit. I don't think he really knows for sure whether or not it's the ceiling or not. I have to go back home and talk to my constituents, Mr. President. I have to go back and talk to my seniors who are on fixed incomes, who saw their bills go up by a hundred and a hundred and fifty percent, and tell them that unless they're in all-electric homes, their average relief is going to be eight dollars a month. That's not a message I can send back home. I think we can do better and that's why I rise to oppose this. Thank you, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Senator Sullivan.

John M. Sullivan (D)

34 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 Thank you, Mr. President. To the bill: I've -- I'm in my fifth year here in Springfield. I know many of you have been here longer than I, but I've never had an issue as explosive as this issue has been. I've never had an -- any more calls and letters and e-mails than I have had on this issue. Literally hundreds, if not thousands. And they weren't once or twice, but it was month after month, whenever they got their electric bill. You know, ten years ago when we -- when the State of Illinois deregulated, it was done under the presumption that it would bring competition to the State of Illinois and that did not happen. And it's easy to look back and say, "Well, why would a utility company come to Illinois and provide electricity if the rates are frozen at an artificial level?" It's easy to look back now and say, so I'm not going to point blame. What I'm going to do is what I am doing is that I'm trying to fix the situation; take a bad situation and make it better. This legislation will allow for competition in the State of Illinois. It may not happen over night. It may not happen next year. But eventually, we will allow and provide for competition in the State of Illinois. We've talked about the residential rate relief. There's also money in this proposal for the small business owners. And these are the mom-and-pop grocery stores that many of us have in our districts who saw their rates nearly double. This is going to bring their rates back to a level that they can live with, that they can continue to do business with. I believe that with the oversight of the Power Agency and -- and with the -- and this is very important -- with the experience that we have all learned with the procurement and the purchase of power in the State, that we will do a better job of making -- of ensuring that 35 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 we get the lowest cost possible prices for electricity in the State. I want to commend the many, many individuals who spent a great deal of time on this legislation and I ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, and then Senator Forby, to close. Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. President and Members of the Senate. You know, it's -- it's very easy to criticize something because that's the -- that's -- that's the easy road to take. But, you know, my -- my colleagues that -- that stood up on the other side of the aisle, one who attended the meetings said he's going to support it. The other three that never came to a meeting - I want to repeat that again -- never came to a meeting, say they're against it. And -- and I understand why they're against it, because one has gone out and talked to his seniors and misinformed them. Because he's never been to a meeting. Because if he had been to a meeting, he would have told them that there's bill-paying assistance, up to a hundred-and-fifty-dollar grant. He would have told them that there's a hardship assistance, residential for customers. He would have told them there is a percentage-of-income payment program for customers. He would have said, "We don't stop there." There is space heat weatherization aid. You can get light bulbs. But because they had not gone to a meeting, they didn't take time out to read, they were misinformed. So if you read the bill, go and tell them now, "Hey, you may be able to get up to an additional three- hundred-dollar grant that can help you", and inform them. You know, I had lunch with -- with the Minority Leader today on his 36 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 birthday, and it constantly amazes me, when I look behind where he sits, there are probably four photos or images of Ronald Reagan. Ronald Reagan deregulated everything everything he could touch. Yet, we have Republicans, as I look on the on the voting back in April, who voted for price controls. Price controls. Think about that. I know Ronald Reagan's rolling over in his grave when you have Republicans voting for price control. Not the free market price controls. Maybe the maybe they're not Ronald Reagan Republicans anymore. But, you know, I also want to talk about the fact that you know, we talked about the issue as it relates to the contracts that were negotiated with the Attorney General. And this it's it's very deceptive to use that issue to deceive the people, but you understand you were at the hearing that they said that if they divulge the cost and the price that it would affect the market. It would affect the market and obviously that's not what we want to do. As Senator Sullivan said, this provides competition, which is what Ronald Reagan stood for was the free market. But we got price-control Republicans.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, if you...

James F. Clayborne Jr. (D)

Yes, I will wrap up. I will I will...

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Chair would appreciate if you would wrap it up. Thank you, sir.

James F. Clayborne Jr. (D)

Yes, sir. Thank you. CUB supports this. AA AARP supports this. This is the right thing to do to give people 37 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 relief. Immediate relief. It's it's not perfect and nothing that we as human beings can do will ever be perfect. But this is the right thing to do and I support this and I ask for a favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Chair would like to know if Minority Leader would like to speak on this bill. If not, I was going to have Senator Forby close. President Jones has lit his light. I want to extend the same courtesy to you, sir. Leader Watson.

Frank C. Watson (R)

Yes. Well, thank you, and I appreciate that, Mr. President. And I'm sorry that I've been off the Floor for the big part of this debate. First of all, I want to just thank people who've been involved in this. Certainly, Dale Risinger on our side, Senator Clayborne, Gary Forby. I mean, you've done a lot of lot of time. Lot of effort has been put into this. I am disappointed that it's taken us this long to get to this point. 'Cause this thing should have been resolved last spring, actually, is when we were talking about it, if those of you that may remember. We said this day was looming out there, January 1. Something needs to be done. Nothing was done in regular Session. Nothing done in the Veto Session. January 1 comes and now, you know, a calamity takes place and we start hearing from our consumers and our constituents about what had happened. We have an issue in our area, I think, that's that's kind of unfortunate in the in my district and some of the other areas that border Missouri, is of course, Missouri is still a regulated State, and their rates cost per kilowatt hour considerably less and will be, even with the relief, 38 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 considerably less than what we are here in Illinois. That makes it difficult for us to explain to the consumers on our side, you know, what -- why is that the case. And you say, "Well, they're regulated; we're not." And the attitude will be, "Well, you ought" -- "Why not become regulated again?" Well, you just can't -- can't -- it's not an easy thing to do. Simply can't do that. I -- I think that the -- the Power Authority is a real concern of mine. I -- those of you that have known me through my career here, I've been pretty clear about how I feel State government operates and how dysfunctional, in many cases, they are. Agencies -- I don't care -- it doesn't matter if it's State government, federal government. It just doesn't matter. I don't see that the Power Authority is going to be something that is going to be a salvation here and create some sort of solution in the long term. I also just feel that there's going to be an awful lot of, I believe, dissatisfaction among those people who are going to be expecting a considerable rate relief in our districts, primarily those of us downstate in the Ameren territory. I think that we -- the -- the attitude being that there's this massive amount of money that's going to be made available and they're going to be receiving considerable rate relief, and in fact, in our area, it's going to be a check, which I also feel is -- is not appropriate. I'd rather see a credit given to those people. They'll get it quicker that way. Actually, could be more money, 'cause it's going to be very costly to send checks back. So, having said that and realizing, I think, this is probably -- in -- in -- in the eyes of our consumer, in the eyes of the people we represent, this may very well be the biggest issue we deal with for the entire Session -- 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 75th Legislative Day 7/26/2007 this issue. And what they're expectation level will be, I think, is much greater than what they're going to get. A lot of effort's gone into this, but I think I'm -- my consumers are going to be disappointed and I'm not sure that it's real rate relief they're going to get long term. So, with that, I will almost reluctantly cast a No vote, and urge my Members to do so, because of what I think is a misleading sonoma {sic} that's going to take place among people we represent.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) President Emil Jones, Jr. President Jones.

John O. Jones (R)

Thank you, Mr. President. I haven't been on the Floor due to the fact we were in some other meetings, but this issue -- I listened to the House debate this issue. And I listened to all the comments that were made regarding this piece of legislation. And I recall last fall when the call was made by individuals, Special Session to deal with this issue, to freeze the rates again, and I opposed that. I felt it was bad public policy and that some other solution could be worked out. I appreciate our Chairman of Energy and Environment Committee, Senator James Clayborne, who worked very hard and diligently on this issue to bring about the resolve that we have today. Long before everyone else came on board, while they were out there clamoring this freeze, freeze, freeze, Senator Clayborne was working, trying to bring the utilities together to bring about a resolution to this issue. What amazed me, the other day when I was down with Senator Forby in his district and one of the strong proponents made the statement, said "I know I was so strongly" -- "so strong in favor of a rate freeze, but I'm darn glad that it did not 40 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 pass." Because they come -- came to the realization that it did not solve the problem that the people were faced with. Had that legislation passed and had been signed by the Governor, be it the ComEd or Ameren customers, they would still be paying those rates while this issue went through the court in litigation. All your major newspaper in the Chicagoland area and others have editorialized in favor of us doing this, and they jumped all over and beat me. And my good friend, Senator Forby, came over here, not -- not realizing we were just trying to save you, Senator Forby. But all the proponents who were out there clamoring for a freeze are now saying, "No, we really didn't want the freeze. We wanted to bring 'em to the table." They never said that publicly. But we brought them to the table. The -- the generating companies got involved in this issue. But one thing we should never do is constantly go out and tell the consuming public, "You're going to get all these goods, you're going to get all of these services and it's not going to cost you a dime." You set the bar so high where the expectation is "We do not have to pay." That's the wrong expectation to give the people of the State of Illinois, to tell them that you should not pay even the cost of doing business. Tell the people the truth. The utility companies in this State are doing the best job they can possibly do, but they have the same problems we have in State government. They have contracts. They have cost-of-living increases. They have to pay for health care. All those things take place. The biggest mistake the State had -- and I wasn't involved in it -- was passing that ten-year rate freeze without taking into consideration the cost of doing business. That was a huge mistake and the ratepayers, be it ComEd or Ameren, had not had a 41 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 increase in their rates in the past ten years. Most people didn't even know that. They didn't know that. But even though the cost of doing business constantly went up. So this package that was negotiated is a good package. It's something that should have been done quite some time ago. This Chamber did pass over a phase-in of the rates. Had that legislation been given a hearing in the other chamber the shock of the forty- and fifty- percent rate increases would never have hit the consuming public. But individuals felt that -- kept telling the people the freeze solved the problem. Those same individuals who were saying that, all are behind this agreement. They don't want the freeze. I had many say, "No, we don't want the freeze." So it's a good bill -- bill. It should enjoy our unanimous support. And -- and, Senator Forby, will come over here when you get through? I'm going to give you a high-five for the great job you've done.

Rickey R. Hendon (D)

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

Gary Forby (D)

Thank you. And now I want to thank the Republicans and their staff for what they've done working with this. They've been -- put up long hours. Our staff and your staff, I know, has been there at two and three o'clock in the morning. They've worked really hard. I still believe -- you know, some says this is not a bipartisan thing, that it's one-sided. I'm not going to buy that story, because I do know there's people that was there. I know they put long hours in there and they worked at it. Our staff, I cannot believe the hours they put in it. I mean, it's unbelievable. They got their heart and their soul in this. They worked day and night. They was not out to try to take nobody. 42 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 They was out trying to do the best thing for the people from Chicago to Cairo. President Jones, I'm going to thank him. I might high-five him today, but I did not high-five him three months ago. And I don't think you want to hear what I said. So, I just want to make sure the Press knows that. And the AG Office and the House, they put a lot of time in this, and I don't know how you can go home and say “I voted No” when the AARP and the CUB is involved. We've got our seniors citizens that we worked hard for and the people that pay the most -- the most is getting the most help out of this. So, I appreciate everybody, what they've done. They've worked hard. Is this perfect? Absolutely not. We got to stay on top of this from now on. Sure, we're going to stay on top of it. But we don't want to get in this mess again that we're in today. And that's why we're here today and we can't -- the people in my district and I know some of your districts can't wait any longer. They need a relief. I'm going to give example here before we leave. I'm not on Ameren in my district. I'm on a co-op in my district. I ain't going to mention their names. There's some people knows who the co-op is. With this deal today that Ameren's got it's cheaper than what I am paying in my district. In a year's time, if you're on Ameren today, your year's bill will be cheaper than mine in my district. So, I didn't know how to negotiate this. This is one way I negotiate. There's a lot of people down there on that co-op. When I went to restaurants and places, said, “Boy, I wish I was on that co-op.” I got to thinking, well, maybe this will be a good way to negotiate the thing. And that's the way I -- I done So, I just want to thank a a part of my negotiations on this. everybody here today. I hope when you vote, you think about the 43 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 people in your district, ‘cause if we went into a freeze bill, we could be in court. I'm not a lawyer, but I got lawyers all around me and telling me that we could be in a court for three years, two years. There would be no relief. And my senior citizens and the low-income people would be without power. Probably sixty percent of my people is over sixty years old in my district. I can't imagine fifteen or twenty percent without power. That's why I think we had to do this today. I appreciate it and I -- I want a Yes vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments 5 and 6 to Senate Bill 1592. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Aye, 13 voting Nay, 1 voting No. The Senate concurs in House Amendments No. 5 and 6 to Senate Bill 1592, and the bill, having received the required constitutional majority, is declared passed. Supplemental -- Supplemental Calendar No. 3 is being distributed right at this moment. So, don't go far. Game is not over. Supplemental Calendar is being distributed right now. Senator Radogno, for what purpose do you seek recognition?

Christine Radogno (R)

Well, I would like to State, with some embarrassment, that I intended to vote Yes on that bill -- on 1592, the bill we just had, and I just didn't get to my switch.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Supplemental Calendar No. 3 is being distributed to you right now. There are a number of very 44 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 important issues on that Calendar. The Chair would appreciate if you could get that Calendar and be prepared to vote. Madam Secretary, are we ready? On the Order of 2nd Reading, Senate Bill 1109. Senator Trotter. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1109. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 1114. Senator Trotter. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1114. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senate Bill 1134. Senator Hunter. Madam Secretary, read the bill.

Deborah Shipley

Senate Bill 1134. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Continuing on, on your Supplemental Calendar No. 3 is the Order of Resolutions. On page -- Supplemental Calendar No. 3 is the Order of Secretary's Desk, Resolutions. 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 75th Legislative Day 7/26/2007 Senator Garrett. Madam Secretary, please read the resolution.

Deborah Shipley

Senate Resolution 242. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Thank you, Mr. President. Senate Resolution 242 urges Congress of the United States to support and pass House Resolution 1279 so that states will have additional options to raise the wages of direct support professionals, and it encourages the State of Illinois to take advantage of this option should it become available.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Garrett moves the adoption of Senate Resolution 242. All those in favor will vote {sic} Aye. Opposed, say -- vote {sic} Nay. The Ayes have it, and the resolution is adopted. Senate -- continuing on Resolutions. Senate Resolution 256. Senator Cullerton. Senator Cullerton. Senate Resolution 256. Madam Secretary, please read the resolution.

Deborah Shipley

Senate Resolution 256. The Committee on State Government and Veterans Affairs adopted Committee Amendment No. 1.

Rickey R. Hendon (D)

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

Deborah Shipley

46 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 No further amendments reported, Mr. President.

Rickey R. Hendon (D)

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

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. Senate Resolution 256 urges the Department of Healthcare and Family Services, in consultation with the Department of Public Health, to prepare and submit a -- comprehensive report to the Senate and the Governor, by January 1st, 2008, on the results and effectiveness of the State's Smoking Cessation Initiative, together with recommendations that will increase participation, improve public health outcomes, and evaluate the merits of creating an incentive program for Medicaid recipients.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Cullerton moves the adoption of Senate Resolution 256. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 293. Senator Sandoval. Senator Sandoval. 293. Senate Resolution 298. Senator Hunter. Madam Secretary, read the resolution.

Deborah Shipley

Senate Resolution 298. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

Mattie Hunter (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Resolution 298 basically directs each public university and community college to undertake measures to reduce 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 75th Legislative Day 7/26/2007 the cost of textbooks to students. Each campus may consider such measures to enhanced book buy-back, book swaps, reserves, and e- mails -- e-reserves of required textbooks, adherences of -- of deadlines for the textbooks, and a disclosure. And I ask for a favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Hunter moves adoption of Senate Resolution 298. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 299. Senator Garrett. Madam Secretary, read the resolution.

Deborah Shipley

Senate Resolution 299. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.

Susan Garrett (D)

Thank you, Mr. President. We heard this resolution in committee and a representative -- representative from the petroleum industry basically refuted some of the things in the resolution regarding British Petroleum and their expansion of their Whiting facility. And I stated to him that I would hold the resolution upon verification from them that they were doing things differently. So, if I could call it next week.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Out of the record. Out of the record. Senate Resolution -- Senate Joint Resolution 54. Senate Joint Resolutions {sic} 54. Senator Demuzio. Madam Secretary, read the resolution.

Deborah Shipley

48 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 Senate Joint Resolution 54. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

Deanna Demuzio (D)

Yes. Thank you, Mr. President, Members of the Senate. Senate Joint Resolution 54, with Floor Amendment No. 2, creates the Joint Task Force on Blind and Visually Impaired Educational Options. The task force is to consist of twenty-six, rather than thirteen, as introduced, members. And it is to undertake a comprehensive and thorough review of the education and the services available to the blind and the -- and visually impaired children of this State.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Madam Secretary, I understand there were some Floor amendments approved for consideration.

Deborah Shipley

Yes.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Let's adopt those first. Madam Secretary, read the amendment.

Deborah Shipley

Senate Joint Resolution 54, with Floor Amendments 1 and 2 approved for consideration.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio, on your Amendments 1 and 2.

Deanna Demuzio (D)

Yes. Thank you, Mr. President. Amendment No. 1 is deleted by Amendment No. 2 and No. 2 becomes the bill {sic}. 49 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio moves adoption of Amendment No. 1 and No. 2 to Senate Joint Resolution 54. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendments are adopted. Are there any other Floor amendments approved for consideration?

Deborah Shipley

...further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio, on the resolution. It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call must be taken. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Joint Resolution 54, having received the required constitutional majority, is declared adopted. Senate Joint Resolution 64. Senator Luechtefeld. Senate Joint Resolution 65. Senate Joint Resolution 65. Senate Joint Resolution -- I mean, House Joint Resolution 22. Senator Frerichs. 22. Senate -- House -- House Joint Resolution. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 22. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.

Michael W. Frerichs (D)

Thank you much, Mr. President. This joint resolution comes 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 75th Legislative Day 7/26/2007 out of a tragedy back in my district last fall. We have addressed this with distracted driving legislation, but House Joint Resolution 22 creates the Distracted Drivers Task Force that is to study the problem of distracted driving in Illinois, with particular attention to the impact of recent communications technology on this problem. The task force consists of ten members, consisting of the Secretary of State and his -- or designee, who is to serve as the chair, along with nine other members. The task force is to meet no fewer than three times and present -- present its report and recommendations to the General Assembly no later than July 1st, 2008. I would ask for a favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there -- is there any discussion? It is the opinion of the Chair that -- this resolution requires the expenditure of State funds, and therefore a roll call must be taken. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. Senate Joint -- House Joint Resolution 22, having received the required constitutional majority, is adopted. Senate Joint -- House Joint Resolution 28. Senator Brady. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 28. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.

Bill Brady (R)

51 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 Thank you, Mr. President. This resolution came to us from the House. It acknowledges the fact that Illinois State women have proudly served in defense of our Nation since the Civil War in all major conflicts. They've contributed to establishing and maintaining our independence and preserving our Union, abolishing slavery, and advancing the cause of freedom and democracy throughout the world. It acknowledges that over fifteen percent of all active duty recipients are women, twenty-three percent in the reserve forces, totaling over two hundred and three thousand. It acknowledges that women make up seven percent of our veterans. This resolution authorizes the construction of a memorial honoring women in the military on a portion of the State-owned property in Oak Ridge Cemetery in Springfield, Illinois. I ask for your favorable support.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call must be taken. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Joint Resolution 24 {sic} (28), having received the required constitutional majority, is adopted. House Joint Resolution 31. Senator Kotowski. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 31. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski. 52 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007

Dan Kotowski (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Joint Resolution 31 designates the month of November in 2007 and each subsequent year as Hire a Veteran month to recognize those brave, talented and patriotic men and women who have proudly worn their country's uniform and to encourage employers throughout the State of Illinois to recognize the special talents of those veterans and give special consideration and preference to those job applicants who have served in the Armed Forces of the United States. I would ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Kotowski moves adoption of House Joint Resolution 31. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Senator Crotty, for what purpose do you seek recognition?

M. Maggie Crotty (D)

On a point of an announcement.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Go ahead. Make your announcement. There's an announcement, Ladies and Gentlemen. Make your announcement.

M. Maggie Crotty (D)

Tomorrow morning at 8:30, Local Government will meet at in Room 409.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Local Government will meet tomorrow morning at 8:30 a.m. in Room 409. Continuing on, on Supplemental Calendar No. 3. House Joint Resolution 48. Senator Forby. Madam Secretary, read the resolution.

Deborah Shipley

53 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT House Joint Resolution 48. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Forby. 7/26/2007

Gary Forby (D)

Thank you. House Resolution {sic} 48 designates a portion of Illinois 127 to Aldridge Road and Orchard Hill {sic} (Hills) Road, south of Carbondale and various county highways in Alexander, Johnson, Williams {sic} (Williamson), Jackson and Union County as Shawnee Hill {sic} (Hills) Wine Trail. And what this is, we have several wine trails in my district and this road 127 has got most of the wine trails on it, SO we want to designate this road as Shawnee Wine rail -- Trail {sic}.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) It is the opinion of the Chair that this resolution requires expenditure of State funds, and therefore a roll call must be taken. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate -- I mean, House Joint Resolution 48 is adopted. House Joint Resolution 49. Senator Harmon. Senator Harmon. House Joint Resolution 51. Senator Collins. Madam Secretary, read the resolution. House Joint Resolution 51. Just one moment, Senator Collins.

Deborah Shipley

House Joint Resolution 51. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Collins. 54 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007

Jacqueline Y. Collins (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Joint Resolution 51 urges the members of the Illinois delegation to the United States Congress to give full consideration to the passage of the Savings for Working Families Act as represented in House Resolution 1514. It's agreed-upon resolution.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Collins moves the adoption of House Joint Resolution 51. It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call must be taken. 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 voting Aye, none voting Nay, none voting Present. The resolution is adopted. House Joint Resolution 64. Senator Delgado. Madam Secretary, read the gentleman's resolution.

Deborah Shipley

House Joint Resolution 64. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

William Delgado (D)

Thank you, Mr. President, Members of the Senate. House Joint Resolution 64 requests that the Chicago Board of Education renew the charter of Youth Connection Charter School. And at this point, I would ask for your Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Delgado moves the adoption of 55 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 House Joint Resolution 64. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. House Joint Resolution 65. Senator John Jones. 65. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 65. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.

John O. Jones (R)

Thank you -- thank you, Mr. President. House Joint Resolution 65 creates a Joint Task Force on Deer Population Control, which shall make its report and findings and recommendations to the Secretary of the Senate and the Clerk of the House by January the 1st of 2009.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Jones moves adoption of House Joint Resolution 65. Is there discussion? Senator Garrett.

Susan Garrett (D)

Yeah. A -- a question for the sponsor. I'm just curious if this is in response to my bill, where we're trying to innocently control the deer in the northern part of the State without killing them with a gun.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.

John O. Jones (R)

Senator Garrett, I think it really is in response to an earlier resolution you had on the Calendar about polluting Lake Michigan. We're -- we're trying to discover whether they're 56 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 polluting Lake Michigan or not. No. Seriously, we -- Senator Representative David Reis, over in the House, and I have have had many calls on the overpopulation of deer in the State of Illinois. I know it's a problem in your area. It's a problem all over the State and this will try to find a solution for the entire State.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Jones -- Senator Garrett.

Susan Garrett (D)

Well, I just -- I am very happy that you're doing this, and if -- if I remember correctly -- I guess we've been here too long -- but you were really opposed to our plan. So, hopefully some good will come out of this task force and we'll all be happy and be able to vote together on controlling the population of deer.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Jones moves adoption of House Joint Resolution 65. It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call must be taken. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay. The resolution is adopted. House Joint Resolution 66. Senator Demuzio. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 66. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

Deanna Demuzio (D)

57 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT Yes. Thank you, Mr. a 7/26/2007 It also directs President and Members of the Senate. House Joint Resolution 66 creates task force to implement improvements in school leadership preparation. the State Board of Education, the Board of the Board of the Higher Education and the Office of the Governor to jointly appoint a task force to recommend a sequence of strategic steps to implement improvements in school leadership preparation in the State.

PRESIDING OFFICER

(SENATOR HENDON) Is there any discussion? Senator Demuzio moves adoption of House Joint Resolution 66. It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call must be taken. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting none voting Present. House Joint House Joint Resolution 69. Senator Aye, none voting Nay, Resolution 66 is adopted. Maloney. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 69. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.

Edward D. Maloney (D)

Thank you, Mr. President. House Joint Resolution 69 calls for the Board of Higher Education to undertake a master plan for Illinois higher education through the creation of task force that will study both the challenges and the opportunities facing higher education. This is identical to a a resolution we passed 58 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 out of here, I believe in April. It also goes on to designate who the members of this task force will be.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney moves adoption of House Joint Resolution 69. It is the opinion of the Chair this resolution requires the expenditure of State funds, and therefore a roll call must be taken. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. The resolution is adopted. House Joint Resolution 70. Senator Millner. Madam Secretary, read the gentleman's resolution.

Deborah Shipley

House Joint Resolution 70. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.

John J. Millner (R)

Thank you, Mr. President. This resolves that a portion of Illinois Route 59 between Illinois 64 and Army Trail Road in Bartlett be designated as the Pramukh Swami Maharaj Road. And he is a spiritual leader of a large Hindu organization with thousands of members and he also has the largest traditional Hindu mandir constructed of stone and marble in the United States and is located on Illinois Route 59 in Bartlett. I ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Millner moves adoption of House Joint Resolution 70. It is the opinion of the Chair that this resolution requires the 59 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 expenditure of State funds, and therefore a roll call must be taken. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. The resolution is adopted. Continuing on down your Supplemental Calendar No. 3 is Senate Joint Resolution 9 on Order of Secretary's Desk, Concurrences. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Joint Resolution 9. Filed by Senator Mattie Hunter.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.

Mattie Hunter (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment 1 -- House Amendment 1, basically we're talking about technical changes here. It goes from wrongful conviction to wrongful felony convictions, and the other change for Amendment 1 is reducing the number of members on the committee from seventeen to fifteen. And Amendment 2 is more technical language, changes words from “may” to “shall” rather than -- from “shall” to “may”. And it also changes the -- the the sunset date from June 1st, 2008, to December 31st, 2008. And I ask for a favorable vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter moves adoption of Amendments No. 1 and 2 to Senate Joint Resolution 9. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendments are 60 75th Legislative Day STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7/26/2007 adopted. Shall the Senate concur in House Amendments No. 1 and 2 to Senate Joint Resolution 9. All in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 and 2 to Senate Joint Resolution 9. And the resolution, having required -- received the required constitutional -- is adopted. Senator Crotty, for what purpose do you seek recognition?

M. Maggie Crotty (D)

Mr. President and Ladies and Gentlemen of the Senate, I move to waive all posting requirements so that House Bill 2306 and House Bill 1664 can be heard in the Senate Committee, in Local Government, tomorrow morning at 8:30, in Room 409.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty moves to waive all posting requirements so House Bill 2306 and House Bill 1664 can be heard in the Senate Committee on Local Government tomorrow morning. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the motion is adopted. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m., July 27th, 2007. The Senate stands adjourned. 10 a.m. 61