PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desks? President Jones, for what’s -- purpose are you seeking recognition, sir?
Yeah. Thank you, Mr. President. Just to remind everyone that Illinois’ favorite team, upstate and downstate, the great Chicago Cubs, that they are the Central Division Champs, moving on to be the World Series Champ. The only Illinois that -- team that won back-to-back World Series. I know Terry Link loves that. So the great Chicago Cubs, let’s give ‘em a tremendous round of applause.
PRESIDING OFFICER: (SENATOR DeLEO) We have two requests from the media to videotape or record the proceedings. NewsChannel ABC 20 here in Springfield, Illinois, seeking leave. Seeing no objection, leave is granted. The State Journal-Register is seeking leave to -- for still photographs of the Session. Seeing no objection, so ordered. Madam Secretary, Reading and Approval of the Journal, please.
Senate Journals of September 18th, 19th and 26th, 2007.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
Thank you, Mr. President. I move that the Journals just read by the Secretary be approved, unless a Senator has addition or corrections to offer.
PRESIDING OFFICER: (SENATOR DeLEO) 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Thank you very much. Senator Crotty moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions, please.
Senate Resolution 371, offered by Senator Viverito and all Members. Senate Resolutions 372 and 373, offered by Senator Emil Jones and all Members. Senate Resolution 374, offered by Senator Noland and all Members. Senate Resolution 375, offered by Senator Radogno and all Members. Senate Resolution 376, offered by Senator Link and all Members. Senate Resolution 377, offered by Senator Haine and all Members. Senate Resolution 378, offered by Senator Lightford and all Members. And Senate Joint Resolution 71, offered by Senator Trotter and all Members. They’re all death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Resolutions Consent Calendar, Madam Secretary. Madam Secretary, further Resolutions, please.
Senate Resolution 379, offered by Senator Righter. And Senate Joint Resolution 72, offered by Senator Lightford. They’re substantive, Mr. President. 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, have we received any Messages regarding the Governor’s veto on legislation?
Yes, Mr. President. I have a letter dated October 2nd, 2007. To the Honorable President of -- President of the Senate: Sir - In compliance with the provisions of the Constitution of the State of Illinois, I am forwarding herewith the enclosed Senate Bills from the 95th General Assembly as -- as vetoed by the Governor, together with his objections: Senate Bill 121, 186, 207, 208, 247, 262, 285, 514, 518, 540, 599, 627, 735, 831, 835, 1011, 1326, 1344 and 1463. Respectfully, Jesse White, Secretary of State.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, have we received any specific recommendations for changes of legislation from his Excellency, the Governor?
Yes, Mr. President. I have a letter dated October 2nd, 2007. To the Honorable President of the Senate: Sir - In compliance with the provisions of the Constitution of the State of Illinois, I am forwarding herewith the enclosed Senate Bills from the 95th General Assembly that are being returned by the Governor with specific recommendations for change: 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Senate Bill 38, 46, 215, 229, 314, 544, 593, 641, 764, 774, 1201, 1317, 1366, 1553 and 1664. Respectfully, Jesse White, Secretary of State.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, do you have any motions on file to override the Governor’s veto of legislation, ma’am?
Yes, Mr. President. The following motions have been filed with -- with -- with respect to the Governor’s action on the following Senate Bills to override total vetoes: Senate Bill 186, offered -- I’m sorry. Senate Bill 186, by Senator Viverito; Senate Bill 247, by Senator Watson; Senate Bill 262, by Senator Jacobs; Senate Bill 599, by Senator Viverito; Senate Bill 627, by Senator Jacobs; Senate Bill 735, by Senator Cronin; and Senate Bill 835, by Senator Jacobs.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Madam Secretary, let those motions be printed on the Calendar. Madam Secretary, do you have any motions on file to override the Governor’s specific recommendations on change of legislation?
Yes. The following motions have been -- have been filed with respect to the Governor’s action on the following Senate Bills to override specific recommendations for change: Senate Bill 215, by Senator Jacobs; Senate Bill 593, by Senator Cullerton; Senate Bill 1317, by Senator Clayborne; Senate Bill 1366, by Senator Clayborne; and Senate Bill 1664, by Senator Hunter.
PRESIDING OFFICER: (SENATOR DeLEO) 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Thank you, Madam Secretary. Let those be printed on the Calendar, please. Thank you. Madam Secretary, Introduction of Bills, please.
Senate Bill 1866, offered by Senator Crotty. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, House Bills 1st Reading, please.
House Bill 122, offered by Senator Ronen. (Secretary reads title of bill) And House Bill 128, offered by Senator Ronen. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, Supplemental Calendar No. 1 has been printed and distributed and its placed on the Members’ desks. Supplemental -- Supplemental Calendar No. 1. Okay. Ladies and Gentlemen, can I have your attention, please? Ladies and Gentlemen, the Supplemental Calendar has been printed and distributed. We’re going to page -- Senator Burzynski, for what purpose do you rise, sir?
Thank you, Mr. President. Inquiry of the Chair.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your inquiry, sir.
I don’t believe we’ve seen a Supplemental Calendar on our 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 side of the aisle here. So I just wanted to bring that to your attention.
PRESIDING OFFICER: (SENATOR DeLEO) That’s on purpose. No. It’s -- it’s -- it’s -- it is being distributed very, very shortly. Okay. Ladies and Gentlemen, Supplemental Calendars {sic} No. 1 has been printed and distributed to all Members. We’re going to motions in writing on page 3 of your Calendar. This is final action, Ladies and Gentlemen. On page 3 of the Calendar. Orders of Motion in Writing to Override the Total Veto of the Governor. Senator Viverito, on Senate Bill 186, sir. Do you wish to proceed? Ladies and Gentlemen, he indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.
I move that Senate Bill 186 do pass, notwithstanding the veto of the Governor. Filed by Senator Lou Viverito.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Viverito, to explain your motion, sir.
Basically, what this does is to reestablish the working cash funds for the library, like they have in all the other municipalities, based on the census of 1998, rather than 1972. I believe it passed with 57 votes the last time and certainly hope that that will happen again this time.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Viverito moves that Senate Bill 186 do pass, notwithstanding the total veto of the Governor. Is there any 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 discussion? Is there any discussion? Senator Viverito, to close, sir? Gentlemen -- Ladies and Gentlemen, the question is, shall Senate Bill 186 pass, notwithstanding the total veto of the Governor. 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 44 Ayes, 0 voting Nay, 8 voting Present. Senate Bill 186, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on motions in writing is Senate Bill 247. Senator Watson, do you wish to proceed, sir? Out of the record. On page 3 of the Calendar, once again, on Orders of Motions in Writing to Override the Total Veto of the Governor, Senator Jacobs, do you wish to proceed, sir? Senator Jacobs, on 262. He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.
I move that the Senate -- I move that Senate Bill 262 do pass, notwithstanding the veto of the Governor. Filed by Senator Michael Jacobs.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Jacobs, to explain your motion, sir.
This bill passed the Senate 53 to 2. It will simply allow a patron to walk off a casino boat after having paid the admission tax and -- and to smoke a cigarette and then to -- allow them back on the boat without paying another admission tax. I’d ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR DeLEO) 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Senator Jacobs moves that Senate Bill 262 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Seeing no discussion. Seeing no -- Senator Cullerton, for what purpose do you seek recognition, sir?
Thank you, Mr. President. How you doing? I’d like to rise and support the gentleman’s motion. There’s been a recent study of our casinos and it turns out that there are seven percent of the patrons who are smoking and I think that that seven percent should be allowed to go outside, get a cigarette and come back in without having to pay again. So I agree with the gentleman’s motion to override and agree with his bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 262 pass, notwithstanding the total veto of the Governor. 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 46 Ayes, 3 voting Nay, 0 voting Present. Senate Bill 262, having received the required three-fifths majority, is declared passed, notwithstanding the total veto of the Governor. On page 3 of the Calendar, -- Orders of Motion in Writing to Override the Total Veto of the Governor. Senator Viverito, on Senate Bill 599, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.
I move that Senate Bill 599 do pass, notwithstanding the veto of the Governor. 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Filed by Senator Lou Viverito.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Viverito, to explain your motion, sir.
Thank you, Mr. Chairman -- Mr. President. This came before us just a few short weeks ago. This has been the request for many of the different municipalities just outside of the Cook County. And basically it is a bill that is necessary to be able to help our tributaries, help our stormwater systems, and I hope that those individuals that are familiar with the expertise of the Water Reclamation District will appreciate the great wisdom of the engineers for the Water Reclamation District and I would hope that you would give them consideration. It’s not a tax. It’s basically a cost that’s incurred by the Water Reclamation District on request. And I’ll answer any questions that may need to be answered.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Viverito moves that Senate Bill 599 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 599 pass, notwithstanding the total veto of the Governor. 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 45 Ayes, 2 voting Nay, 1 voting Present. Senate Bill 599, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on motions in writing to override the total 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 veto of the Governor is Senator Jacobs. Senator Jacobs, on Senate Bill 627, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.
I move that Senate Bill 627 do pass, notwithstanding the veto of the Governor. Filed by Senator Mike Jacobs.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Jacobs, to explain your motion, sir.
Yes, sir. Senate Bill 627 passed the Senate 55 to nothing, 116 to 0. The Governor felt that he didn’t agree with some aspects of the bill, but he gave no further explanation. I’d ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs moves that Senate Bill 627 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 627 pass, notwithstanding the total veto of the Governor. 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 52 Ayes, 0 voting Nay, 1 voting Present. Senate Bill 627, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Page 3 of the Calendar. Orders -- Motions in Writing to Override the Total Veto of the Governor. Senator Cronin, on Senate Bill 735, sir. Do you wish to proceed? 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Senator Cronin, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.
I move that Senate Bill 735 do pass, notwithstanding the veto of the Governor. Filed by Senator Dan Cronin.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cronin, to explain your motion, sir.
I like that, “Senator Dan Cronin”. That was nice. Yes. I have a motion to override Senate Bill 735, which was vetoed by the Governor. He said it was untenable. It’s already done in other areas throughout the State, so I’m not sure exactly what he meant by that. In any event, this is a very, very important to the Village of Lombard. It provides that municipalities may incorporate a non-for-profit public facilities corporation to be the business agent for the municipality’s convention hall. Received unanimous support in committee. Great support among the municipal civic communities and I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cronin moves that Senate Bill 735 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate pass Senate Bill 735, notwithstanding the total veto of the Governor. 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 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 that question, there are 21 Ayes, 16 Nays, 7 voting Present. And Senate Bill 735, the motion fails. Senator Cronin, for what purpose you seek recognition, sir?
Yes. Is there any procedure -- I’m -- inquiry of the Chair. Is there any procedural motion that I can embark on right now or file for reconsideration of this? Or is silence on the other side and “untenable” going to carry the day?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cronin, after further review of the play, your options are two -- one of two options. Number one, sir, you can file another motion to override the veto and we can review that and have staff look at, see if that’s possible to have that reheard. And the other option, according to the Senate Rules, is to accept the Governor’s veto, but in your situation in your -- in your -- the Governor’s message, it was a total veto so it would not accomplish what you want to do, sir. So at this time, the Chair’s allowing you to file another motion. Senator Cronin.
Thank you, Mr. President. I -- I guess I just -- really disappointed and I just -- I don’t understand what’s going on with the process down here. I’ve been here, this is my seventeenth year, and I don’t understand what the heck is going on down here. The system is not working. We got people that are voting No. There’s no reason given for it. There’s no debate. You got community that desperately needs this. You got other examples of it being used throughout the State of Illinois. We got motions to override that should be called over here for legitimate causes, like… 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cronin -- Senator Cronin -- Senator Cronin, you were recognized to talk about filing your motion, sir. Thank you. Ladies and Gentlemen, on page 3 of the Calendar on Orders of Motion in Writing to Override the Total -- Governor. Senator Jacobs, on Senate Bill 835. Do you wish to proceed, Senator Jacobs? Senator Jacobs, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.
I move that Senate Bill 835 do pass, notwithstanding the veto of the Governor. Filed by Senator Mike Jacobs.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Jacobs, to explain your motion, sir.
Yes, sir. This motion allows the county to hold a referendum in order to erect an occupational service tax if people so -- so want it. And this one-cent tax can be used to repair our aging schools. We had the problem in my area of Silvis School being promised twelve million dollars five years ago and never getting the money. So we look at this as a local solution, giving local people the opportunity to -- to -- to decide they want to build new schools. So I’m asking for your consideration. I don’t consider this a tax because people are voting on whether they want it or not. So it’s not -- it’s not you have to have the tax. It’s that if people in the community want it, they can -- they can vote for themselves. I ask for your favorable consideration. 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Jacobs moves that Senate Bill 835 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Is there any discussion? Senator Althoff, what purpose do you seek recognition, ma’am?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, ma’am.
I would just like to remind everyone on this side of the aisle that as unusual as it may sound, we actually supported the Governor’s veto of this. We did not support this legislation when it originally left his Chamber. So I would urge you to continue to hold that position. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Althoff. Is there any further discussion? Any -- Senator Righter, for what purpose do you seek recognition, sir?
Will the sponsor yield please, Mr. President?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Thank you. Senator Jacobs, you’ve characterized Senate Bill 835 as a bill that’s basically the -- the voters, the taxpayers, are going to know exactly what they’re going to pay. But it’s my understanding there’s a provision in the bill that allows an increase in property taxes of somewhere around five tenths of a 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 percentage point to cover quote, unquote, additional or unforeseen expenses and that would occur without -- without the approval of the voters. Is that not accurate?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.
You know, I’ve heard that argument, but I -- but I’ve never been able to find it in -- in the bill. If you could direct me, Senator Righter, to the language, I would point out that this tax does not apply to groceries, pharmaceuticals or medical -- medical supplies and therefore, you know, it’s -- we’re allowing local people to make local decisions on what they want to do in their local community. And I’ve always felt that that was part of what made the Republican Party strong, was differing to local communities to help themselves rather than asking me, as a State Legislator, or a federal government to come in and bail me out.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Righter.
Mr. -- thank you, Mr. President. Senator Jacobs, while we’re looking for that exact language, you were espousing the values of the Republican Party. Are you about the make a change in party affiliation of which we are not aware?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.
…simply stating the obvious. I mean, the fact is, the Republican Party has had a history in this country of being for the individual. And I don’t know why a -- a -- a bill that would 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 allow people to make their own decision on what they want to do with their lives would be opposed by your party. Doesn’t make sense to me.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Righter.
To the bill, please, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill.
Thank you. Ladies and Gentlemen of the Senate, the language that I referred to is in the bill and that’s the reason the bill got 24 No votes in this Chamber before. So, to remind everyone, refresh their recollection, the vote on this bill the last time was 31 Aye votes, 24 No votes. This bill does allow for an increase in taxes without -- without the voter’s approval. I would urge a No vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Hendon, you seeking recognition, sir?
Thank you, Mr. President. I just rise in support of my friend, Senator Jacobs. I’m sure he probably knows the sentiments of his -- his district well and his community well. And we should give him at least the benefit of the doubt of knowing what would be good for his community. I’m sure he’s talked to all the local leaders in his community and I stand in support of my good friend, Senator Jacobs.
PRESIDING OFFICER: (SENATOR DeLEO) 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Thank you. Any further discussion? Seeing no further discussion, Senator Jacobs, to close, sir.
Senator Righter, I’d like to give you more opportunity to point this out to me in the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Thank you, Mr. President. Senator Jacobs, page 23 of the bill. There is a Section in existing law that already allows for what I was talking about. Your bill adds in the words “the school facility occupation tax fund of the district”, which is the fund that you are creating in this bill. Page 23 of the bill. That’s exactly what it does.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs, to close, sir.
Thank you, Senator. I’m going to take the bill out of the record. I’m going to have staff look at that and see if we can make changes. That was certainly not the intent. The intent of the bill is to let local people help themselves and I’d appreciate if you give the local people an opportunity tomorrow afternoon sometime.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Jacobs. Senate Bill 835 out of the record. Okay. Ladies and Gentlemen, continuing on the Supplemental Calendar No. 1, in the bottom of page -- out of the record. On the bottom of page 3 we have Motions in Writing to Override Specific Recommendations of the Governor. The first one 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 that we -- comes is Senate Bill 215 -- is 215. Senator Jacobs, do you wish to proceed on that, sir? He indicates he would like to proceed. Madam Secretary, would you read the gentleman’s motion, please?
I move that Senate Bill 215 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Mike Jacobs.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs, to explain your motion, sir.
Yes, sir. This bill passed -- 57 to 0 through the Senate. 115 to nothing in the House. The bill simply allows Illinois to offer -- what am I talking about? To offer home savings for people who use energy in Illinois. MidAmerican Energy is the provider. They’ve been a good provider for us and we want them to be able to provide weatherization programs and programs like that there -- have been offered in Iowa for the last fifteen years. We appreciate your consideration.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate pass Senate Bill 215, notwithstanding specific recommendations of the Governor. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 215, having received the three-fifths majority, is 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 declared passed, notwithstanding the veto of the Governor. On page 3 of the Calendar on Orders of Motion in Writing to Override Specific Recommendations of the Governor, Senator John Cullerton, on Senate Bill 593. Sir, do you wish to proceed? He indicates - - Senator Cullerton, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.
I move that Senate Bill 593 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator John Cullerton.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Cullerton, to explain your motion, sir.
Thank you, Mr. President, Members of the Senate. Senate Bill 593 updates the Illinois Human Rights Act to bring it in line with the federal government and thirty-nine other states to -- in an effort to expand the scope of coverage of the provisions of the Act concerning discrimination in places of public accommodation. Court decisions have limited the application of those provisions over the years resulting in a very weak statute. So, we passed this bill in response to that. And, it passed unanimously in both houses. The Act -- the amendatory veto actually would make the statute -- the current statute weaker, by limiting it to privately operated facilities affecting commerce. So that a modern day Rosa Parks would not have a cause of action under the Illinois Human Rights Act for being denied access to a CTA bus. The term “affecting commerce”, which is also found in the amendatory veto, is ambiguous and will require expensive 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 litigation, at taxpayers’ expense, to define. Further, complaints would have to plead and prove that the alleged discriminating party affects commerce which would be a burden they should not have to bear. I would hope that we would vote the way we did the first time, unanimously, for the disability community, which universally supports this override effort. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Righter, for what purpose you seek recognition?
Thank you, Mr. President. Simply to the motion.
PRESIDING OFFICER: (SENATOR DeLEO) To the motion, sir.
Thank you, Mr. President. I rise in support of the gentleman’s motion. We dealt with Senator Cullerton and his staff at length on this bill in Executive Committee. I think the bill as it was -- originally passed this Chamber was both a balanced and progressive approach to this issue. And I think with all due respect to the Governor’s actions here, I would urge an Aye vote on the motion.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, Senator Cullerton moves that Senate Bill 593 do pass, notwithstanding specific recommendations of the Governor. Senator Cullerton, to close, sir.
20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 I -- I would simply ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, the question is, shall the Senate pass Senate Bill 593, notwithstanding specific recommendations of the Governor. All those in favor will say Aye -- all -- all those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 593, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on page 3, at the bottom of page 3 in your Calendar, Motions in Writing to Override Specific Recommendations is Senate Bill 1317. Senator Clayborne. Senator James Clayborne, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.
I move that Senate Bill 1317 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator James Clayborne.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Clayborne, to the motion, sir.
Thank you. Basically, this is a motion to override the Governor’s amendatory veto. This bill was negotiated between all parties. We accommodated Members on both sides of the aisle, to make sure that the Illinois Finance Authority remained 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 competitive with other banks and other institutions who want to finance projects. Obviously, we reject the Governor’s amendatory veto and want to make sure the Finance Authority is competitive in that they can provide funding for out-of-state projects that - - that have a significant economic impact for the State of Illinois.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any -- Senator Lauzen, are you seeking recognition, sir?
Yes. Thank you. A question for the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator, in the underlying bill, was there additional bonding authority given to the agency?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.
No, that was -- I’m sorry. No, that was the Governor’s amendatory veto increasing the bonding authority.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.
So, this does not increase the bonding authority of the State of Illinois. Doesn’t increase any taxes, anything like that -- it’s -- the underlying bill, before the veto action. There’s no bonding increase permission in this, is there?
PRESIDING OFFICER: (SENATOR DeLEO) 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Senator Clayborne.
To answer your question -- your question is yes. There is no additional bonding authority under the underlying bill, no tax increases either.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any further discussion? Is there any further discussion? Ladies and Gentlemen, the question is, shall Senate pass Senate Bill 1317, notwithstanding the specific recommendations of the Governor. 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 52 Ayes, 0 voting Nay, 1 voting Present. Senate Bill 1317, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Althoff, for what purpose you seeking recognition?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) Well, please state your point, ma’am.
Why, thank you very much. Many people in the Body will have recalled receiving an invitation for next week on October 10th to attend the -- the Niagara Foundation Event at the Executive Mansion. I have with us today the Executive Director Kemal Oksuz. Might we welcome him and make sure that we include on our calendars an opportunity to visit with him next week, October 10th. The Niagara Foundation works to build a better society, 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 working together with people and organizations that foster excellence in public service. And it would really be an excellent opportunity for you to meet these absolutely wonderful people, next week, Executive Mansion from 6 to 8 p.m. And again, might we welcome these people to Springfield and spend some time with them next week. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Althoff. Continuing on motions in writing on the -- page 3 of the Calendar. Orders of Motions in Writing to Override Specific Recommendations of the Governor. Senator James Clayborne, on Senate Bill 1366, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion, please.
I move that Senate Bill 1366 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator James Clayborne.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne, on your motion, sir.
Thank -- thank you, Mr. President and Members of the Senate. This is a bill that would assure some controls for our consumers to create a competitive market as it relates to our utility -- retail electricity. And, basically, we required agents, brokers or consultants engaging in the procurement or sale of -- of retail electricity to be licensed by the ICC. This bill was negotiated as well. It’s a good bill. To take these three exemptions out doesn’t make sense. And I would ask for your support on the underlying bill to override the Governor’s veto 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 and protect the consumers in Illinois.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Clayborne. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Clayborne, to close.
I ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall the Senate pass Senate Bill 1366, notwithstanding the specific recommendations of the Governor. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 51 Ayes, 1 voting Nay, 1 voting Present. Senate Bill 1366, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Okay. Ladies and Gentlemen, on the bottom of page 3, on Supplemental Calendar No. 1, comes Senate Bill 1664 on Orders of Motions in Writing to Override Specific Recommendations of the Governor. Senator Hunter, you wish to proceed, ma’am? She indicates she wishes to proceed. Madam Secretary, would you lead -- read the lady’s motion?
I move that Senate Bill 1664 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Mattie Hunter.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter, to explain your motion, ma’am. 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1664 amends the Community Services Act to require the Governor to create a commission to review funding methodologies. It identifies the gaps in funding. It -- it identifies the -- the revenue and it prioritizes the use of the revenue for the community developmental disability, mental health, alcohol and -- and substance abuse, -- rehabilitation and early intervention. This bill passed unanimously in both Chambers. And I make my motion to override the Governor’s veto because I believe in the merits of this bill and because of -- these conversations are long overdue. I also believe that the Governor’s -- recommended changes to the bill would have a limited scope of the bill and the -- objectivity of the commission. So, I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any -- Senator Radogno.
Thank you, Mr. President. I rise to encourage people to support this override motion. We had this in our committee and the bill, as drafted, made a lot of sense. The Governor has limited it and, also, I think, put in factors that would give him much more control than we, as Legislators, wanted him to have over this process. So, I think we should go ahead and override it.
PRESIDING OFFICER: (SENATOR DeLEO) Any further discussion? Any further discussion? Seeing no further discussion, Ladies and Gentlemen, the question is, shall 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Senate pass Senate Bill 1664, notwithstanding the specific recommendations of the Governor. 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 52 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1664, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Madam Secretary, have you received any motions to file -- or override the Governor’s veto of legislation?
Yes, Mr. President. The following motions have been filed with respect to the Governor’s action on the following Senate Bills to override total vetoes: Senate Bill 121, by Senator Raoul; Senate Bill 285, -- by Senator Dillard; Senate Bill 540, by Senator Sullivan; and Senate Bill 831, by Senator Crotty.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Please allow them to be printed on the Calendar. Madam Secretary, have we received any motions on file to override the Governor’s specific recommendations of change for legislation?
Yes. The following motions have been filed with respect to the Governor’s action on the following Senate Bills to override specific recommendations for change: Senate Bill 46, by Senator Garrett; Senate Bill 641, by Senator Demuzio; Senate Bill -- I’m sorry, Senate Bill 764, by Senator Crotty; and Senate Bill 1553, by Senator Frerichs. 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007
PRESIDING OFFICER: (SENATOR DeLEO) Please have those printed on the Calendar also. Ladies and Gentlemen, you should have -- you’ll be happy to know that Supplemental Calendar No. 2 has been printed and distributed and should be on all Members’ desks as we speak. Senator Burzynski, do you have your Calendar, sir? Okay. Ladies and Gentlemen, I’d ask you to go to Supplemental Calendar No. 2 on the top of page… Okay, Ladies and Gentlemen, on page 1 of Supplemental Calendar No. 2 in the Orders of Motion in Writing to Override the Total Veto of the Governor is Senator Raoul on Senate Bill 121. Senator Raoul, do you wish to proceed? Senator Raoul, do you wish to proceed? Leave of the Body, we will come back to it shortly. On the Calendar in Order of Motions in Writing to Override the Total Veto of the Governor, Senator Kirk Dillard, on Senate Bill 285. Senator Kirk Dillard, on 285, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.
I move that Senate Bill 285 do pass, notwithstanding the veto of the Governor. Filed by Senator Kirk Dillard.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Dillard, to explain your motion, sir.
Thank you, Mr. President. This is a bill that passed out of here unanimously. And, I believe, with all due respect to the State’s Chief Executive downstairs, he may have been confused and thought that the bill which he vetoed was a bill which he vetoed of mine a year ago, and it’s not. The Governor, a year ago, had 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 a similar bill of mine and I did not move to override him. I took the suggestions that he made in his veto and incorporated it into this, so there would be some type of referendum safeguard. And, I think the Governor was confused. What this bill is - with the outbreak of West Nile Virus up in the -- especially metropolitan Chicago area, with many, many new cases over the last ten days that have taken place in Lake County and DuPage - an attempt to make sure, where a municipality has completely surrounded an unincorporated area where a mosquito abatement district is, that somehow they are spraying for mosquitoes in that particular area. There is a provision, which the staff wrote, that if the people in that area object - and we are only talking, literally, about a handful of homes - they can, by letter, ask for a public referendum. And the reason that it’s not a complete, full referendum - front-door - is it costs more money to advertise a front-door referendum in the newspaper - because, again, we’re probably only talking eight or ten homes - than it would cost to do it this way. So I tried to save money. This certainly protects taxpayers. They can have a referendum, if they don’t like it. It’s a very, very limited bill and I think the Governor was just, frankly, confused. I made the changes he suggested a year ago and I would very much appreciate - since we passed this unanimously once before - to, respectfully, override the Governor. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any -- Senator Jacobs, what purpose do you rise, sir?
I rise in strong support of the Senator’s measure. He’s 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 going to let the local people decide and I appreciate that.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Any further discussion? Any further discussion? Senator Dillard, to close, sir.
I appreciate Senator Jacobs’ favorable remarks and again, I’d urge an Aye vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Ladies and Gentlemen, the question is, shall Senate Bill 285 pass, notwithstanding the total veto of the Governor. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 53 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 285, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on -- on the Calendar on Order of Motions in Writing to Override the Total Veto of the Governor, Senator John Sullivan, on Senate Bill 540, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.
I move that Senate Bill 540 do pass, notwithstanding the veto of the Governor. Filed by Senator John Sullivan.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan, to explain your motion, sir.
Thank you, Mr. President and Members of the Senate. This is 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 the bill that we’ve discussed at great length over the last several years and it makes a uniform speed limit for all vehicles out on the rural interstate highways. It adopts that uniform speed limit at sixty-five miles per hour. Forty-two other states have already adopted the uniform speed limit, including Iowa at seventy miles per hour, Indiana at sixty-five. Kentucky just raised theirs to seventy from sixty-five miles per hour. Wisconsin at sixty-five and Missouri at seventy. I certainly believe that the uniform speed, all vehicles traveling at the same speed out on the highways, is -- is much safer than having different speeds. I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Risinger, what purpose do you rise, sir?
To the override, Mr. President. I -- I rise in support of the Senator’s motion to override the Governor’s veto. I think this will make our highways safer and I urge everybody to vote Aye.
PRESIDING OFFICER: (SENATOR DeLEO) Any further discussion? Any further discussion? Senator Maloney, for what purpose do you seek recognition, sir?
Just a quick question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, Senator.
Senator, what -- just for verification purposes, wasn’t there a -- an exception for the -- defined urban areas and could 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 you clarify that, please?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.
Yes. Thank you. Absolutely. This is, again, only for the rural interstate highways. Chicago, Cook County are exempted from it, as well as portions of DuPage, portions of Peoria, Lake, Will, Madison, St. Clair, the Metro East area. It is only out on the rural interstate highways.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Forby, are you seeking recognition, sir? Senator Forby, nice to see you, sir. And a very happy afternoon.
Thank you. To the override: I stand in support of the override. With a person that drove trucks for thirty-some-odd years with CDL plates, I understand the issues driving the same speed as everybody else. And just on the way up here from {sic} Springfield, I had a guy call me that travels, that pulls boats from one part of the country to the other part of the country. He said, “I bypass the State of Illinois, just because of this speed limit.” So he know it’s safe and right, so we’re losing a lot of revenue by not doing this. And it is the safest way to go, to run the same speed. I ask for Aye vote for everybody.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Any further discussion? Any further -- Senator James Clayborne, you look very good today. Senator Clayborne, you look very, very good. Senator John Cullerton, you seeking recognition, sir? 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007
Yes. I’d like to speak against the motion.
PRESIDING OFFICER: (SENATOR DeLEO) To the motion, sir.
Thank you, Mr. President, Members of the Senate. I’d like to indicate that I think this is a very serious piece of legislation because it’s not about the quality of life, which is about what many of the bills we vote on are about. This is about life and death itself. The physical impact of a truck hitting another vehicle is forty percent greater, when traveling at sixty-five compared to fifty-five. Other states around us, as has been pointed out, have done what this bill purports to do. We should look at what they did in Missouri. In Missouri, they increased the large-truck speed limit in 1995, so it would be uniform with the speed limit for cars. The year after this change, Missouri saw a steep rise in fatalities involving large trucks. It went from ninety-seven fatalities to a hundred and sixty-seven in one year, a seventy-two percent increase. If that happened in Illinois, a year from now - a year after we vote on this bill - there will be a hundred and fifteen people dead, random people driving in their vehicles only to be run over by a large truck - a hundred and fifteen. This is at a time when we have passed highway safety legislation that has reduced the actual fatalities in Illinois to a level not seen since the early twenties, the lowest fatality rate that we’ve ever had. And yet, we look at other states around us, it’s real clear. The ones that have done -- passed this bill, Kansas, Minnesota, Missouri, Nebraska, South Dakota, there’s an increase in fatalities. 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Illinois, Iowa and Wisconsin there’s a decrease. So, it’s about life and death. The Mid-West Truckers say, vote for this bill. We want to get there faster. Our time is worth more than your life. That’s what the Mid-West Truckers Association is saying. We should say, we think saving a hundred and fifteen lives on our highways is more important than your time. It’s really, really clear. I don’t know if everybody had this information or focused on this the first time we voted on it, but it’s truly about life and death. And I strongly urge you to vote No.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Seeing no further discussion, Senator Sullivan, to close, sir.
Thank you, Mr. President. My esteemed -- colleague seems to always come up with some amazing facts and figures and numbers and I’d like to give you some, as well. First of all, the AAA Foundation for Traffic Safety found in those states which have the uniform speed limit, there was no increase, zero increase, in the accident rate. The AAA in Minnesota and Iowa even endorsed Iowa’s uniform seventy-mile-per-hour speed limit. The State of Virginia, which increased their truck speed limits, saw zero increase in the accidents. And, Senator Cullerton even mentioned Iowa and Wisconsin who saw a lower number of fatalities. They have speed limits of seventy and -- and sixty-five miles per hour for big trucks. We can talk about facts and figures and stats and numbers all day. The fact of the matter is you’ve been out on -- we’ve all driven on the interstates. Again, we’re talking about on the rural interstates. Traffic going at the same speed is, in my opinion, definitely safer than having two different 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 speed limits. I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall Senate pass Senate Bill 540, notwithstanding the total veto of the Governor. 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 39 Ayes, 10 voting Nay, 1 voting Present. Senate Bill 540, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on Motion - - Calendar on Order of Motions in Writing to Override the Total Veto of the Governor is Senator Crotty, on Senate Bill 831, ma’am. Out of the record. Ladies and… With leave of the Body, we’re going back to the top of Supplemental Calendar No. 2. Top of Supplemental Calendar No. 2, we took out of the record earlier, Motion in Writing is Senate Bill 121. Senate Bill 121. Senator Raoul, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.
I move that Senate Bill 121 do pass, notwithstanding the veto of the Governor. Filed by Senator Kwame Raoul.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul, on your motion, sir.
Thank you, Mr. President. I’m moving to override the Governor’s veto on Senate Bill 121. If you may recall, this is a 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 bill that the State’s Attorneys Association is in support of. It brings judicial -- discretion to cases involving minors charged with a -- a sex offense. There was a -- there was an incident in Kane County when a -- where a…
PRESIDING OFFICER: (SENATOR DeLEO) …your attention, please. Will you please give the speaker your attention? Ladies and Gentlemen, it’s very, very loud in this Chamber. Would the Members please be in their seats? Senator Raoul.
Thank you. There was an incident in Kane County, which we had discussed when this first was passed, that involved a thirteen-year-old boy that was charged with a misdemeanor sex offense for ringing a doorbell and -- and -- and playing a prank. That thirteen-year-old boy is now seventeen and has to register as an adult sex offender. This would fix that problem and -- and create judicial discretion. As I mentioned before, the State’s Attorneys Associations are proponents to this bill and this brings discretion to evaluating these -- these situations. As the law stands right now, there could be a situation of consensual sex between minors that could lead to somebody being registered as an adult sex offender for the rest of their life. I -- I ask for a override of the Governor’s veto.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Senator Righter, for what purpose do you rise, sir?
Thank you, Mr. President. To address the gentleman’s motion, please. 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007
PRESIDING OFFICER: (SENATOR DeLEO) To the gentleman’s motion?
Yes.
PRESIDING OFFICER: (SENATOR DeLEO) …motion, sir.
Thank you. Mr. President, Ladies and Gentlemen of the Senate, this bill, it’s my recollection, was hotly debated in the spring when we acted upon it, Mr. President, even though the disparity in the vote may not -- reflect that. Senator Raoul, who I know is doing this out of the best intentions, has brought before us a story of -- of one incident. And, I don’t doubt that there are some others. I also do not doubt, and know for certain in my decade of service here, that we can find an anecdotal story or a handful of those to support just about any position or any change in the law, regardless of how inappropriate that change might look when you take into account the full scope of circumstances. The bill before us, Senate Bill 121, poses the same question before this Senate as it did in the spring. And that is, when we have an opportunity or we’re in danger of erring, if we’re going to make a mistake, are we going to make a mistake on behalf of protecting the public or protecting someone who has been unjustly punished? I believe we should stand on the side of protecting the public and that’s why I would urge a No vote on the gentleman’s motion. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Any further discussion? Any further discussion? Senator Raoul, to close, sir. 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007
It -- it should be made clear that the discretion in -- in these cases will be put in -- upon the same judge that would have found the minor delinquent in the first place. So the same judge that will have found the minor delinquent would be the judge that would entertain a -- a -- a motion -- put -- put forth by the minor. The bill does require a mandatory period of registration in all cases, not in the specific story that I told, but in all cases. I urge your support and I urge you to vote the same way you voted the first time.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Ladies and Gentlemen, the question is, shall Senate Bill 121 pass, notwithstanding the total veto of the Governor. 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 41 Ayes, 0 -- 8 voting Nay, 0 voting Present. Senate Bill 121, having received the required three-fifths majority, is declared passed, notwithstanding the total -- the veto of the Governor. Okay. Ladies and Gentlemen, may I have your attention, please, for the purposes of an announcement? Rules Committee will meet immediately. 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. We will stand at ease for just a moment, while the Rules Committee meets. All members of the Rules Committee please report to the Rules Committee room. 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Committee Reports, please.
Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Executive Committee - Floor Amendment No. 2 to House Bill 315. Senator Debbie Halvorson, Chairman. October 2nd, 2007.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Silverstein, for what purpose do you rise?
Purpose of an announcement.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.
The Senate Executive Committee will meet at 4:15 in Suite -- in suite -- Room 212.
PRESIDING OFFICER: (SENATOR DeLEO) Executive will meet -- Executive Committee will meet today at the hour of 3:15 -- 4:15 in Room 212. How sweet it is. Thank you. WCIA Channel 3 in Champaign seeking leave of the Body to videotape the proceedings. Seeing no objection, leave is granted. Okay. Ladies and Gentlemen, I could have your attention, please. Ladies and Gentlemen, all Members, Supplemental Calendar No. 2. In the middle of page 1 of Supplemental Calendar No. 2, is Motions in Writing Override Specific Recommendations, comes Senate Bill 46. Senator Susan 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Garrett, do you wish to proceed, ma’am? She indicates she wishes to proceed. Madam Secretary, please read the lady’s motion.
I move that Senate Bill 46 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Susan Garrett.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett, on the motion, ma’am.
Yes. Thank you very much, Mr. President. I put a motion forward to override the Governor’s amendatory veto on Senate Bill 46. Basically, what he’s done is he has left the bill intact. And, where the Lieutenant Governor would be chairman and the program, the Green Government’s Council, would be administrated from the Lieutenant Governor’s Office, basically, the Governor has taken that part of it out. And, the reason why I believe it’s important to override this motion is that the Lieutenant Governor has been deeply involved in this issue. His office helped me write the legislation. The bill passed unanimously in the House and the Senate. There were no No votes and I believe that that really is the best place for this particular program to be administered. The other part of it is that there will be - because the Lieutenant Governor’s Office has been involved in this - there are no additional costs to administer the program. They will use the staff that are already in place. And, it -- and, finally, this particular bill I worked on when I participated and attended the Clinton Global Initiative two years ago. Illinois would be one of the first states to have such a program where under one umbrella we are watchdogs, really, to 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 make sure that the agencies do everything they can to provide green government environmental programs. I ask for a Yes vote.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Hendon, for what purpose do you seek recognition, sir?
To the wonderful sponsor’s motion: I just don’t understand why -- well, let me ask, will the sponsor yield?
PRESIDING OFFICER: (SENATOR DeLEO) The sponsor will yield for a question, sir.
If -- if the Governor wanted to appoint the Lieutenant Governor, could he do that?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
You know, the -- the Governor, if he were in the position to -- if we set it up that way, which we didn’t, he could be in that particular position. But, you know, without going into detail, unfortunately there is a disagreement on many issues between those two offices and I don’t believe that we, as the Senate, should be caught in the middle. When we have good programs, we should make sure that we have every possible method in place to make sure that these programs run efficiently and with the kind of support that they deserve.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any further discussion? Senator Hendon.
Would -- would the -- if -- if the bill went -- if the 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Senate went along with you in your override, would the Lieutenant Governor’s appointment through your legislation, would he have to come through and get advise and consent of the Senate?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett.
I -- I don’t have the answer to that. I don’t know.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.
Well, why -- while I applaud you, Senator Garrett, and I always -- I’m -- I’m a green person myself, dark green maybe, but I’m a green. And I -- I’m with you all the way, I -- I just have a problem with us taking appointment authority away from the Governor. I think he could easily appoint the Lieutenant Governor. And you know how much I love our Governor. So, you know, I -- I would like to be with you, but I’m -- I’m caught in between here of how I’ll actually vote because of that one provision. I think the Governor should be given the appointment authority and that whoever he chooses should have to get the advise and consent of the Senate.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Further discussion? Senator Cronin, are you seeking recognition, sir? Senator Cronin. Dan Cronin.
Thank you, Mr. President. I rise in strong support of the motion to override and urge all Members on this side of the aisle and all reasonable people to support the motion. This bill has a lot of merit. This was good policy. This was good government. 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 It’s thoughtful. It’s well considered. It’s -- it’s about governing. This bill is about governing, and for some reason that defies any logical explanation, the Governor’s vetoed this. So, please, let’s do the right thing and let’s govern today and vote Yes.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Like to welcome from the Secretary of State’s Office, Jenny Heisel in the gallery. Welcome. Senator Righter, for what purpose do you seek recognition?
Thank you, Mr. President. To the motion.
PRESIDING OFFICER: (SENATOR DeLEO) Motion, sir.
Thank you. Mr. President, Ladies and Gentlemen of the Chamber, I also rise in support of this. Senator Garrett said a few minutes ago that there is a contest of wills, if you will, between the Governor and the Lieutenant Governor and that we shouldn’t get in the middle of it. The problem with that statement, and I appreciate her intent, is that we’ve been brought in the middle of it. And that’s the problem here, is that this is not - as Senator Cronin talked about or Senator Garrett talked about - governance. This is about an opportunity for one member of the Executive Branch to take a shot at another. And I think it is appropriate for this Chamber to send a message to the former that we will not tolerate that. I would urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, seeing no further discussion, 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Senator Susan Garrett, to close, ma’am.
Thank you, Mr. President. I also ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Ladies and Gentlemen, the question is, shall the Senate pass Senate Bill 46, notwithstanding specific -- recommendations of the Governor. 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 52 Ayes, -- 2 voting Nay, 0 voting Present. Senate Bill 46, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Ladies and Gentlemen, continuing on Supplemental Calendar No. 2, we have Senate Bill 641. Senator Deanna Demuzio, do you wish to proceed with the bill, ma’am? She indicates she does. Madam Secretary, please read the lady’s motion.
I move that Senate Bill 641 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Deanna Demuzio.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio, on your motion, ma’am.
Yes. Thank you, Mr. President. Senate Bill 641, this bill requires all children enrolling in kindergarten and any student enrolling for the first time in a public, private, or parochial school on or after the effective date of this amendatory -- Act 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 to have an eye examination. 641 also sets guidelines in the event that proof of an eye examination is not provided by the time a student begins. The -- I ask for a override on this. The Governor had made some, what they called technical, changes changing the eye exam basically to a screening. We think that our children’s eyesight here in the State of Illinois is much too important to have just a screening and we ask for a complete eye exam by a professional.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Radogno, for what purpose do you seek recognition, ma’am?
Thank you, Mr. President. I rise in support of the override motion. This issue has been well considered and has a lot of support amongst professionals and people that understand and know the difference between a screening and a full eye exam and the importance that will have for children’s learning. So I would encourage us to vote in favor of the override.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any further discussion? Seeing no further discussion, Senator Demuzio, to close, ma’am.
Thank you, again, Mr. President. I ask for an Aye vote. This bill passed out of both the Senate and the House, and also out of committees, without any opposition. And, so I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, the question is, shall Senate pass Senate Bill 641, notwithstanding specific 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 recommendations of the Governor. 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, 2 voting Nay, 0 voting Present. Senate Bill 641, having received the three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on Supplemental Calendar No. 2 is motions in writing. Senate Bill 764. Senator Crotty, do you wish to proceed, ma’am? She indicates she wishes to proceed. Madam -- Secretary, please read the lady’s motion.
I move that Senate Bill 764 do pass, notwithstanding the -- specific recommendations of the Governor. Filed by Senator Maggie Crotty.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty, to your motion, ma’am.
Thank you very much, Mr. President. Senate Bill 764, if you remember, amends the State Lottery law to create the Scratch-out Multiple Sclerosis scratch-off Lottery ticket. The General Assembly would then distribute that net revenue from that scratch-off ticket to the Department of Public Health to be later given in grant money to organizations in Illinois that conduct research and -- on this disease. And, in all due respect to the Governor, I would ask that we override.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Crotty, to close. Okay. Ladies and 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 Gentlemen, the question is, shall Senate Bill 764 pass, notwithstanding specific recommendations of the Governor. 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 47 Ayes, 4 voting Nay, 0 voting Present. Senate Bill 764, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Our last motion in writing, continuing on Supplemental Calendar No. 2 is Senate Bill 1553. Senator Frerichs, do you wish to proceed, sir? Out of the record. Senator Righter, for what purpose do you seek recognition, sir?
Thank you, Mr. President. The Senate Republicans would request a caucus in Senator Watson’s Office. Senate President -- Mr. President, we need a half hour. Now, the talk is there’s going to be an Executive Committee hearing set for 4:15. So, if we could finish up our business here in the next ten to fifteen minutes that gives us time to do our business in caucus and be in committee at 4:15.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, I think that’s a wonderful recommendation and because this is the first day of Veto Session, I want to start this off on a very bipartisan way. And having that -- making that request right now, sir, there’ll be no further business to come before the Senate. The Senate will stand adjourned until the hour of 11 a.m. tomorrow, October 3rd, the year 2007. There was a committee announcement. Once again, Executive Committee will meet in Room 212 at the hour of 4:15. 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 10/2/2007 We’ll see all members in committee. The Senate stands adjourned. 48