PRESIDING OFFICER: (SENATOR HALVORSON) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desks? And will our guests in the galleries please rise? The invocation today will be given by Reverend Mark Gifford, Parkway Christian Church, Springfield, Illinois.
(Prayer by the Reverend Mark Gifford)
PRESIDING OFFICER: (SENATOR HALVORSON) Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of October 4th, 2007.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.
Madam President, I move that the Journal just read by the Secretary be approved, unless some Senators has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions.
Senate Resolution 384, offered by Senator Harmon and all -- 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 and all Members. Senate Resolutions 385 and 386, offered by Senator Haine and all Members. And Senate Resolution 387, offered by Senator Emil Jones and all Members. They’re all death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions Consent Calendar.
And Senate Resolution 388, offered by Senator Sandoval. It’s substantive.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Messages.
I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, the Governor’s specific recommendations for change notwithstanding, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 291. And I am further instructed to deliver to you the objections of the Governor which are contained in the attached copy of his letter to the House of Representatives. Passed the House, October 3rd, 2007, by a three-fifths vote. Mark Mahoney, Clerk of the House. We’ve received like Messages on House Bills 664, 1268, 1539, 1729 and 3578. All passed the House, October 2nd {sic} (3rd), 2007, by a three- 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 fifths vote. I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, the Governor’s specific recommendations for change notwithstanding, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 732. I am -- further instructed to deliver to you the objections of the Governor which are contained in the attached copy of his letter to the House of Representatives. Passed the House, October 2nd, 2007, by a three-fifths vote. Mark Mahoney, Clerk of the House. We’ve received like Messages on House Bills 1628 and 3627. All passed the House, October 2nd, 2007, by a three-fifths vote. Mark Mahoney, Clerk of the House. I have another Message by -- from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, the veto of the Governor notwithstanding, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 978. I’m in further -- I am further instructed to deliver to you the objections of the Governor which are contained in the attached copy of his letter to the House of Representatives. Passed the House, October 3rd, 2007, by a three-fifths vote. Mark Mahoney, Clerk of the House. 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 We’ve received like Messages on House Bills 1242 and 1960. All passed the House, October 3rd, 2007, by a three-fifths vote. Mark Mahoney, Clerk of the House. I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, the veto of the Governor notwithstanding, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 405. I am instructed to -- I am further instructed to deliver to you the objections of the Governor which are contained in the attached copy of his letter of the House -- to the House of Representatives. Passed the House, October 2nd, by a three-fifths vote. Mark Mahoney, Clerk of the House. We’ve received like Messages on House Bills 962, 1921, 2036 and 3729. All passed the House, October 2nd, 2007, by a three-fifths vote. Mark Mahoney, Clerk of the House. I have another Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has accepted the Governor’s specific recommendations for change, which are attached, to a bill of the following title, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 1303. I am further instructed to deliver to you the objections of the Governor which are contained in the attached copy of his 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 letter to the House of Representatives. Adopted by the House, October 3rd, 2007. Mark Mahoney, Clerk of the House. We’ve received a like Message on House Bill 1759. Adopted by the House, October 3rd, 2007. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR HALVORSON) Sara Wojcicki of ABC NewsChannel 20 seeks leave to videotape the proceedings. Seeing no objection, leave is granted.
I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed the item, which is attached, in a bill of the following title, the veto of the Governor notwithstanding, in the passage of which I am instructed to ask the -- the concurrence of the Senate, to wit: House Bill 3866. I am further instructed to deliver to you the objections of the Governor which are contained in the attached copy of his letter to the House of Representatives. Passed the House, October 2nd, 2007, by a three-fifths vote. Mark Mahoney, Clerk of the House. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has restored to the original mount - - amount, the item reduced by the Governor, which is attached, in a bill of the following title, in which I am instructed to ask the concurrence of the Senate, to wit: House Bill 3866. 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 I am further instructed to deliver to you the objections of the Governor which are -- of the Governor which are contained in the attached copy of his letter to the House of Representatives. Passed the House, October 2nd, 2007. Mark Mahoney, Clerk of the House. A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed the items, which are attached, to a bill of the following title, the veto of the Governor notwithstanding, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 3866. I am further instructed to deliver to you the objections of the Governor which are contained in the attached copy of his letter to the House of Representatives. Passed the House, October 3rd, 2007, by a three-fifths vote. Mark Mahoney, Clerk of the House. And a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has restored to the original amount, the item reduced by the Governor, which is attached, in a bill of the following title, in which I am instructed to ask the concurrence of the Senate, to wit: House Bill 3866. I am further instructed to -- deliver -- deliver to you the objections of the Governor which are contained in the attached copy of his letter to the House of Representatives. Passed the House, October 3rd, 2007. Mark Mahoney, Clerk of the House. 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 I have 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 478, together with the following amendments, which is attached -- which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 3 to Senate Bill 478. Passed the House, as amended, October 4th, 2007. Mark Mahoney, Clerk of the House. I have another Message from -- from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has -- passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 4144, House Bill 4148 and House Bill 4149. Passed the House, October 4th, 2007. Mark Mahoney, Clerk of the House. And a final Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 78. Offered by Senator Harmon. Adopted by the House, October 4th, 2007. Mark Mahoney, Clerk of the House. 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 It is substantive, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Everybody within the sound of my voice please come to the Senate Chambers. We will -- we will be going to final action. All Members within the sound of my voice please come to the Senate Chambers. Madam Secretary, Introduction of Bills.
Senate Bill 1869, offered by Senator Cullerton. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, House Bills 1st Reading.
House Bill 4144, offered by Senator Crotty. (Secretary reads title of bill) House Bill 4148, offered by Senator Forby. (Secretary reads title of bill) And House Bill 4149, offered by Senator Forby. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, have we received any motions to override the Governor’s veto of legislation?
Yes, Madam President. The following motions have been filed with respect to the Governor’s action on the following House Bills over -- for override of total vetoes: House Bill 405, by Senator Jacobs; House Bill 962, by Senator Koehler; House Bill 1921, by Senator Haine; House Bill 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 1960, by Senator Bomke; House Bill 2036, by Senator Righter; and House Bill 3729, by Senator Viverito.
PRESIDING OFFICER: (SENATOR HALVORSON) Let them be printed on the Calendar. Madam Secretary, have we received any motions to override the Governor’s specific recommendations for change of legislation?
The following motions have been filed with respect to the Governor’s action on the following bills to override specific recommendations for change: House Bill 732, by Senator Holmes; and House Bill -- 1729, by Senator Maloney.
PRESIDING OFFICER: (SENATOR HALVORSON) Let them be printed on the Calendar. Madam Secretary, have we received any motions to accept the Governor’s specific recommendations for change of legislation?
Yes, Madam President. The following motion has -- to accept specific recommendations for a change has been received: House Bill 1303, by Senator Haine.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Clayborne, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
We have one of our esteemed Members on this side of the aisle who has a birthday today. He turned 47 years old and he 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 says because he’s had this birthday today, he doesn’t feel as bad for the Cubs getting swept. He also said that he has kosher cake in his office. And his name is Senator Ira Silverstein. Let’s welcome Ira Silverstein.
PRESIDING OFFICER: (SENATOR HALVORSON) Happy birthday, Ira. Happy Birthday. While we’re here at ease, I would like to welcome Linda Hawker back to the Senate. Linda, if we can all -- if you can stand and we can all say hello. And, we love you. For those of you who may have been living under a rock, Linda used to be our Secretary of Senate. Thank you for being here. Rules Committee will meet immediately in the President’s Anteroom. Rules Committee immediately. Madam Secretary, Committee Reports.
Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Appropriations I Committee - House Bill 4144; refer to Appropriations III Committee - House Bill 4149; refer to Education Committee - House Bill 4148 and Committee Amendment No. 1 to Senate Joint Resolution 72; refer to Environment and Energy Committee - a Motion to -- Accept Specific Recommendations for Change to House Bill 1303; refer to Executive Committee - a Motion to Concur with House Amendment No. 3 to Senate Bill 478 and Floor Amendment No. 4 to House Bill 315; refer to Licensed Activities Committee - Floor Amendment No. 1 to House Bill 1284; refer to Revenue Committee - Floor Amendment No. 1 to House Bill 1514; and refer to State Government and Veterans Affairs Committee - a Motion to Concur with House Amendment No. 2 to Senate Bill 753. 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 Senator Debbie Halvorson, Chairman. October 10th, 2007.
PRESIDING OFFICER: (SENATOR HALVORSON) The AP requests leave to take photos. Seeing no objection, leave is granted. Senator Trotter.
Thank you very much, Madam President. Good afternoon to you. And good afternoon, Members of -- of the Senate. I move to waive all posting requirements so that House Bill 4144, House Bill 4148, and House Bill 4149 can be heard today in the Senate Committee of Appropriations I, Education, and Appropriations III, respectively.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter moves to waive all posting requirements so that House Bill 4144, House Bill 4148, and House Bill 4149 can be heard today in the Senate Committees of Appropriation I, Education, and Appropriations III, respectfully {sic}. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion is adopted. Ladies and Gentlemen, I have the committee announcements, so please pay attention. Currently, Executive is posted for 2:30. We are going to add a 2:45 and that’s in Room 212. Also, at 2:45 will be Revenue in Room 400, State Government and Veterans Affairs at 409. At 3 o’clock will be Education in 212, and Licensed Activities in 409. At 3:15 will be Appropriations I in Room 212. 3:30 will be Environment and Energy in Room 212. At 3:45 will be Appropriations III in Room 212. Ladies and Gentlemen, please open your Calendar to page 38. We are going to be going to Motions in Writing, Override Total Vetoes. Our first one will be on Senate Bill 735. Senator Cronin, do you wish to proceed? Madam Secretary, please read the 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 motion. Senator Cronin wishes to proceed.
I move that Senate Bill 735 do pass, notwithstanding the -- veto of the Governor. Filed by Senator Dan Cronin.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cronin, to explain.
Thank you very much, Madam President. And thank you to my colleagues on the other side of the aisle, particularly my -- my anonymous co-sponsor, Senator Hendon. Appreciate that very much. Senate Bill 735 provides the Village of Lombard the opportunity to -- it gives them bonding authority to build a convention center and a hotel. And it needs this because it’s a non- homerule municipality. It passed unanimously out of the committee. I know of no opposition. And I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Thank you, Madam President. I rise in strong support of the gentleman’s motion. It is a most worthy cause and needed in his district. And I urge everyone on this side of the aisle to vote with my esteemed colleague, Senator Cronin.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cronin moves that Senate Bill 735 do pass, notwithstanding the total veto of the Governor. Senator Cronin, do you wish to close? The question is, shall the Senate pass Senate Bill 735, notwithstanding the total veto of the Governor. 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. And Senate Bill 735, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Crotty, on Senate Bill 831. Madam Secretary, please read the motion.
I move that Senate Bill 831 do pass, notwithstanding the veto of the Governor. Filed by Senator Maggie Crotty.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty, to explain the motion.
Thank you very much, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 831 gave counties of Will, Kendall, Boone, Lake, DeKalb and Grundy the ability to impose a tax on the sale of motor fuel for consumption by motor vehicles or watercraft in half-percent {sic} increments and that -- those increments not to exceed four cents per gallon. But the most important part of this bill is that it is up to a public referendum to allow those counties to be able to use those dollars on local road improvements. And again, this is by referendum.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Crotty moves that Senate Bill 831 do pass, notwithstanding to the total veto of the Governor. Is there any discussion? Senator Crotty, do you wish to close? The question 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 is, shall the Senate pass Senate Bill 831, notwithstanding the total veto of the Governor. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 38 Yeas, 13 Nays, 0 voting Present. And Senate Bill 831, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. On the top of page 39. Senator Jacobs, do you wish to proceed on Senate Bill 835? Madam Secretary, please read the motion.
I move that Senate Bill 835 do pass, notwithstanding the veto of the Governor. Filed by Senator Mike Jacobs.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs, to explain your motion.
This is a motion that we acted on last week. There were some questions on whether this was front door referendum or a backdoor referendum. I defer to Senator Righter who spoke directly with the -- with the folks and I think it may alleviate some of the concerns.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter, do you wish to comment?
I wish to be deferred to, yes. Thank you, Madam President. Ladies and Gentlemen of the Chamber, last week as you’ll recall, we had a discussion with regards to this bill. Senator Jacobs was gracious enough to take it out of the record. There was a 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 concern about whether or not this bill would have given the authority to the school district to basically increase property taxes by an extra half percent without voter approval. After discussion with Senator Jacobs and his House sponsor, as well as folks from the Illinois State Board of Education, that’s not the case at all. So this is clearly a vote on a front-door referendum for school construction needs and only a front-door referendum for school construction needs. Thank you, Madam President. Thank you, Senator Jacobs.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Senator Hendon.
Thank you, Madam President. I just want to commend Senator Jacobs for working with Senator Righter to clear that up. And because it’s a front-door referendum then, I will be supporting it today. And, I urge all of our colleagues to do the same for our esteemed friend, Senator Jacobs.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs, do you wish to close?
I just ask for your affirmative vote.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall the Senate pass Senate Bill 835, notwithstanding the total veto of the Governor. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 45 Yeas, 11 Nays, 0 voting Present. And Senate Bill 835, having received the required three-fifths majority, is declared passed, 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 notwithstanding the veto of the Governor. Continuing on page 39 in Motions in Writing, Override Special Recommendations is Senate Bill 229. Senator -- Specific Recommendations. Senator Silverstein, is Senate Bill 229. Senator Frerichs, on Senate Bill 1553. Madam Secretary, read the motion. Madam Secretary, read the motion.
I move that Senate Bill 1553 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Mike Frerichs.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs, to explain your motion.
Thank you, Madam President. I move that Senate Bill 1553 do pass, notwithstanding…
PRESIDING OFFICER: (SENATOR HALVORSON) Excuse me, Senator Frerichs. You’re microphone is not on. Senator Frerichs.
Okay. Is it on now? Is it on now? Is it on -- there -- maybe I should get a little closer or maybe get a longer microphone. I move that Senate Bill 1553 do pass, notwithstanding the specific recommendations of the Governor. Senate Bill 1553 is the bill we passed earlier this year to protect disabled firefighters. The Governor recommended that we remove the portion of the bill saying that three physicians examining a firefighter need not agree on the nature of a disability. However, this position is simply a restatement of existing law. Statute requires firefighters to see three 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 physicians, but case law interprets that those physicians don’t have to report the same diagnosis. Please join me in voting to override this amendatory veto.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs moves that Senate Bill 1553 do pass, notwithstanding the specific recommendations of the Governor. Is there any discussion? Senator Haine.
Yes, Madam President. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he'll yield.
I’ve been -- Senator Frerichs, I’ve been struggling with this bill, because I’m usually a firefighter supporter. And I was struggling with this bill in June. I remain struggling with it, because of my own limited ability, undoubtedly. Is it -- when I was given a document in support of the bill and in support of the -- the override, I was handed a First District case - Village of Oak Park versus Oak Park Firefighters Pension Board and a petitioner - in which the Illinois Appellate Court for the First District - and it’s the First Division, I think, of the First District - states that the plain reading of the statute as it exists prior to this bill, requires neither a concurrence of the three physicians that a firefighter is disabled nor does it even require an opinion of one physician, let alone a concurrence of all three that his disability is duty-related. Is that what we’re doing here?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs. 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007
It’s my understanding in that case from 2005 the judge upheld a Pensions Board’s disability pension award to a firefighter, even though none of the doctors certified the firefighter’s hearing loss linked to his performance of duty. That’s because the Pension Board was able to consider other relevant facts like the fact that the firefighter had served for twenty-two years, riding in loud fire trucks, working around generators and they awarded him the benefit. So, that’s the existing law that we’re just simply restating in this override.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
So, in effect, when we overruled the Governor’s amendatory veto concerning the -- the physicians need not agreeing, we are following the First District case?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.
That’s my understanding. By overriding the Governor’s veto, we’re affirming what we did last spring and reaffirming what the courts said in the Village of Oak Park versus the Oak Park Firefighters Pension Board.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Thank you for your indulgence, Senator and Madam Present and Ladies and Gentlemen of the Senate. So the -- the upshot of it will be, in the future, that a future board, pension board, can 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 determine disability without any doctor agreeing?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.
Yes, as current State law, case law, states.
PRESIDING OFFICER: (SENATOR HALVORSON) …Haine.
Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Righter.
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HALVORSON) Indicates he'll yield.
Thank you. Senator Frerichs, I’ve looked at the case law that Senator Haine referred to also and I have struggled with this along with him as well, on this issue. And let me ask you, I have called back to my district and asked some of the officials there - and -- and some of the people I talked to actually serve on the pension boards - what is their practice with regards to the three physicians and determinations of disability? And specifically, what I asked them was whether or not they can recall an instance wherein they granted disability when none of the three physicians had certified that the firefighter was disabled. And all of them said, “We can never recall a time like that.” And several of them told me that, while it’s not written practice, it is their practice nonetheless to -- that at least 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 one of the physicians would have to find that there is a disability. Would your bill change that practice in your view?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.
…view, it would not change that practice. I think in most cases you’ll find firefighter disability pension boards will be looking to follow the doctor’s examples. And, in cases where -- I know lot of people have come to me and said, “What happens if you have some out-of-control board that just wants to give countless disability pensions to their friends and buddies that are firefighters?” The -- the municipalities still have the ability to take that board to court with -- manifest weight of evidence has to be in their favor. So I’m not -- I’m not worried about the system being run amuck.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Right now, Senator Frerichs, I mean, the -- the -- the court decision that was given to us is out of the First District, as Senator Haine said. So it -- it only applies to the First District there in -- in Chicago or Cook County. So, as of right now, technically the law that the First District espoused does not apply to either your district or mine. Would -- would you… Senator, as -- as the law stands right now, that -- you only have a First District Appellate Court case. Would you disagree that that is only applicable in the City of Chicago? In other words, your district or mine, that they need not follow that First District decision. 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.
Well, as not being an attorney, I’m not sure exactly what would happen there, but it’s not just in the First District. The Appellate Court of Illinois Second District there was a case in 2006, Jeffrey S. Lynch versus the City of Waukegan. And in that case, they overruled a denied duty disability pension benefit of a firefighter suffering from psychiatric problems. The three physicians examining him all agreed that his condition was preexisting. Nevertheless, the court awarded him the duty disability benefit because the condition was likely worsened by his employment as a firefighter. So, at least in two districts there’ve -- there’ve a ruling along those lines.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Thank you, Madam President. Okay. And -- and when I asked both the firefighters, on one side, and the municipal officials, on the other, whether or not there are any other cases out there on this issue other than the First District, I was told there wasn’t. So, that -- I mean, that’s news to me. But, even if it is a Second District case, that’s also not your district nor is it mine. And, my concern is for what is happening in my district and their concern for their local pension funds. Is -- is it your understanding, then, that for places in Champaign or places in Mattoon that their practice might be subject to change - that I alluded to earlier - might be subject to change, because now you are placing it as a matter of statewide law that none of the 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 physicians have to agree?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.
I would say there may be a change in current practice, but that doesn’t mean that they have to do to this. It doesn’t mean that all three doctors disagree and the local board has to grant them a pension.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Hendon.
Senator Frerichs, the Associated Fire Fighters are for this bill. Is that correct?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.
That’s correct, Senator.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
So -- so, if we vote with you, we’re voting with the men and women on the frontline fighting fires and saving lives throughout this State. Is that correct?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs.
That’s how I would characterize it.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon. 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007
…urge all of us, who appreciate the hard work that firefighters do, putting their lives on the line every day, to vote with Senator Frerichs.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Frerichs, to close.
I just ask that people join me in -- voting to override the amendatory veto.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall the Senate pass Senate Bill 1553, notwithstanding the specific recommendations of the Governor. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 36 Yeas, 14 Nay, -- 4 voting Present. And Senate Bill 1553, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Righter, for what purpose do you rise? Oh, you don’t? Okay. Senator Burzynski, do you -- your light’s on. Are you rising for any purpose? Senator Righter, for what purpose do you rise?
Two matters. First, inquiry of the Chair, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) State your inquiry.
Would it be possible to collect the microphone stems for Senator Sieben, Senator Cullerton and Senator Delgado and string them into one long microphone stem and use them for Senator 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 Frerichs, so we could hear him a little better on the Floor?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter, we’ll figure that out, but I’m not into taking from somebody else. I’m sure there’s an extra one lying around. So, what is your second point?
Thank you, Madam President. I -- I would call for a Republican Caucus in Senator Watson’s office immediately. We would request forty-five minutes, please.
PRESIDING OFFICER: (SENATOR HALVORSON) How many minutes?
Forty-five.
PRESIDING OFFICER: (SENATOR HALVORSON) Well, we have committees that are staring at 2:30, so could you keep it to thirty? Thank you.
We’ll do our best. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) The Senate will stand in recess to the call of the Chair. After committees, the Senate will reconvene for further Floor action. The Senate stands in recess till the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR CLAYBORNE) The regular Session of the Senate will please come to order. Madam Secretary, Committee Reports.
24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Bills 1105, 1106 and 1107 Do Pass; and House Bills 656, 921, 1334, 2070, 2353 and 2973 Do Pass, as Amended; and Senate Amendment No. 4 to House Bill 315, along with a Motion to Concur with House Amendment No. 3 to Senate Bill 478 recommend Do Adopt. Senator Lightford, Chairperson of the Committee on Education, reports House Bill 4148 Do Pass; and Senate Joint -- and Senate Joint Resolution 72 Be Adopted, as Amended. Senator Trotter, Chairperson of the Committee on Appropriations I, reports House Bill 4144 Do Pass. Senator Hunter, Chairperson of the Committee on Appropriations III, reports House Bill 4149 Do Pass. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports a Motion to Accept the Governor’s Specific Recommendations for Change as to House Bill 1303 recommend Do Adopt. Senator Harmon, Chairperson of the Committee on Revenue, reports Senate Amendment No. 1 to House Bill 1514 recommend Do Adopt. Senator Ronen, Chairperson of the Committee on Licensed Activities, reports Senate Amendment No. 1 to House Bill 1284 recommend Do Adopt. And Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Resolution 255 Be Adopted; and a Motion to Concur with House Amendment No. 2 to Senate Bill 753 recommend Do Adopt.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Ladies and Gentlemen, we’re going to go to page 39 on 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 today’s Calendar, Order of… Sorry about that. We’re going to Supplemental Calendar No. 2. At the top of the Calendar is Order -- Senate Bills 2nd Reading. Senator Trotter, on Senate Bill 1105. Out of the record. We’ll -- we’ll come back to it -- with leave of the Body, we’ll come back to Senate Bills 2nd Reading -- 1105, 1106 and 1107. House Bills 2nd Reading. House Bill 656. Sponsorship has been changed to Senator DeLeo. Senator DeLeo’s the -- is the chief sponsor. I’m sorry. Do you wish to proceed? Madam Secretary, please read the bill.
House Bill 656. (Secretary reads title of bill) 2nd Reading of the bill. No -- I’m -- I’m sorry. The Committee on Executive reports Committee Amendment No. 1 adopted.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Have there been any Floor amendments approved for consideration?
No Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bills 2nd Reading. 921. Senator DeLeo, do you wish to proceed? Madam -- Madam Secretary, please read the bill.
House Bill 921. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted -- adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 1334. Senator DeLeo, do you wish to proceed? Madam Secretary, please read the bill.
House Bill 1334. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 2070. Senator DeLeo, do you wish to proceed? …Secretary, please read the bill.
House Bill 2070. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Have there been any Floor amendments approved for consideration?
27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator DeLeo, do you wish to proceed on House Bill 2353? Madam Secretary, please read the bill.
House Bill 2353. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. House Bill 2973. Senator DeLeo, do you wish to proceed? Madam Secretary, please read the bill.
House Bill 2973. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Ladies and Gentlemen, we’ll go back to the 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 Order of Senate Bills 2nd Reading. Senator Trotter. 1105. Do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 1105. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senate Bill 1106. Senator Trotter, do you wish to proceed? Madam -- Madam Secretary, please read the bill.
Senate Bill 1106. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senate Bill 1107. Senator Trotter, do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 1107. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 3rd Reading. Ladies and Gentlemen, we’re on today’s Calendar. Could you turn to page 39? Senate Bill -- we’re going to the Order of Motion in Writing to Override Specific Recommendations of the Governor, Senate Bill 229. Senator Silverstein, do you wish to proceed? Madam Secretary, please read the motion.
I move that Senate Bill 229 do pass, notwithstanding the specific recommendations of the -- of the Governor. Filed by Senator Ira Silverstein.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein, please explain your bill.
Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Your -- sorry, your motion.
Thank you, Mr. President. Under current law, a wage garnishment order shall not exceed the lesser of fifteen percent of the gross pay or the amount of which disposal {sic} (disposable) earnings for a week exceed -- forty-five times the Federal Minimum Hourly Wage. What Senate Bill 229 provided that the wages subject to collections shall be the lesser of fifteen percent of the gross amount paid or the amount of which the disposal {sic} earnings exceeded forty-five times the federal wage -- minimum wage hour. What the Governor did is he put back the language originally that we took out. He did not give any rationale of -- there are two judges in Cook County that are really misinterpreting the whole statute and we are trying to 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 correct the statute. So without any rationale, I’m just asking that we overturn the Governor’s veto.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein moves that Senate Bill 229 do pass, notwithstanding the -- specific recommendations of the Governor. Is there any discussion? Senator Silverstein, to close.
Just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall the Senate pass Senate Bill 229, with -- notwithstanding the specific recommendations of the Governor. All in favor will vote Aye. Opposed, Nay. The voting is open. Have all -- have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, 5 not voting -- 0 -- 0 Present -- voting Present. Senate Bill 229, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. The Rules Committee will meet immediately in the President’s Anteroom. Madam Secretary, Committee Reports.
Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Financial Institutions Committee - Floor Amendment No. 2 to House Bill 2973; refer to Human Services Committee - Floor Amendment No. 2 to House Bill 921; refer to Housing and Community Affairs Committee - Floor Amendment No. 3 to House Bill 2353; refer to Public Health Committee - a Motion to Accept Specific Recommendations for Change to House Bill 1759; and Floor Amendment No. 2 to House Bill 551; and Be -- Be Approved for 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day 10/10/2007 Consideration - Floor Amendment No. 5 to House Bill 315. Senator Debbie Halvorson, Chairman. October 10th, 2007.
PRESIDING OFFICER: (SENATOR CLAYBORNE) I have committee announcements, so you all may want to listen. Thank you. Tomorrow morning at 9:45 a.m., we have Human Services in Room 400. Again, at 9:45 a.m., tomorrow morning, Human Services in Room 400. Tomorrow morning at 10 a.m., we have Public Health in Room 400. Again, Public Health at 10 a.m., tomorrow in Room 400. At 10:15 tomorrow morning, we have Housing and Community Affairs in Room 409. Again, Housing and Community Affairs at 10:15 in Room 409. And at 10:30 a.m., Financial Institutions in Room 400. Financial Institutions at 10:30 a.m., tomorrow morning in Room 400. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 11 a.m., tomorrow, October 11th, 2007. The Senate stands adjourned. 32