PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by Dr. Reginald Mills, of Central Baptist Church, here in Springfield, Illinois. Dr. Mills.
(Prayer by Dr. Reginald Mills)
PRESIDING OFFICER: (SENATOR DeLEO) Please remain standing for the Pledge of Allegiance. Senator Maloney, to lead, sir.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR DeLEO) Hour of 12 o’clock having arrived, Madam Secretary, Reading and Approval of the Journal, please.
Senate Journal of April 2nd, 2008.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter.
Mr. 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 DeLEO) Thank you. Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions, please.
1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Senate Resolution 624, offered by Senator Emil Jones and all Members. And Senate Resolution 625, offered by Senator Koehler and all Members. They are both death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Resolutions Consent Calendar.
And Senate Resolution 626, offered by Senator Koehler. Senate Resolution 627, offered by Senator Bomke. Senate Resolution 628, offered by Senator Kotowski. Senate Joint Resolution 90, offered by Senator Lightford. And Senate Joint Resolution 91, offered by Senator Raoul. They’re substantive, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Committee Reports, please.
Senator Garrett, Chairman -- Chairperson of the Committee on Public Health, reports Senate Amendment No. 2 to Senate Bill 2303 and Senate Amendment No. 1 to Senate Bill 2461 recommend Do Adopt. Senator Cullerton, Co-Chairperson, and Senator Dillard, Co- Chairperson of the Committee on Judiciary-Civil Law, reports Senate Amendment No. 3 to Senate Bill 2085, Senate Amendment No. 2 to Senate Bill 2138, Senate Amendment No. 1 to Senate Bill 2527, Senate Amendment No. 1 to Senate Bill 2594, Senate Amendment No. 1 to Senate Bill 2725 recommend Do Adopt. Senator Crotty, Chairperson of the Committee on Local Government, reports Senate Amendment No. 1 to Senate Bill 1992, 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Senate Amendment No. 1 to Senate Bill 2674 and Senate Amendment No. 1 to Senate Bill 2676 recommend Do Adopt. Senator Jacobs, Chairperson of the Committee on Housing and Community Affairs, reports Senate Amendment No. 2 to Senate Bill 2434 recommend Do Adopt. Senator Wilhelmi, Chairperson of the Committee on Judiciary-Criminal Law, reports Senate Amendments 2 and 3 to Senate Bill 2275, Senate Amendment No. 1 to Senate Bill 2349, Senate Amendment No. -- No. 1 to Senate Bill 2366, Senate Amendment No. 1 to Senate Bill 2396, Senate Amendment No. 1 to Senate Bill 2426, Senate Amendment No. 1 to Senate Bill 2821 and Senate Amendment No. 2 to Senate Bill 2855 recommend Do Adopt. Senator Raoul, Chairperson of the Committee on Pensions and Investments, reports Senate Amendment No. 1 to Senate Bill 2250 recommend Do Adopt. Senator Sullivan, Chairperson of the Committee on Agriculture and Conservation, reports Senate Amendment No. 1 to Senate Bill 1945 recommend Do Adopt. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports Senate Amendment No. 1 to Senate Bill 878, Senate Amendment No. 1 to Senate Bill 2514 and Senate Amendment No. 2 to Senate Bill 2639 recommend Do Adopt. Senator Meeks, Chairperson of the Committee on Human Services, reports Senate Amendment No. 1 to Senate Bill 898 and Senate Amendment No. 1 to Senate Bill 2191 -- I’m sorry, 2199 recommend Do Adopt. Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment No. 1 to Senate Bill 1920, Senate Amendment No. 1 to Senate Bill 2399, Senate Amendment No. 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 2 to Senate Bill 2546, Senate Amendment No. 1 to Senate Bill 2707, Senate Amendment No. 1 to Senate Bill 2755, Senate Amendment No. 7 to House Bill 315 and Senate Amendment No. 2 to House Bill 473 recommend Do Adopt. Senator Harmon, Chairperson of the Committee on Revenue, reports Senate Amendment No. 1 to Senate Bill 2859 recommend Do Adopt. Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Amendment No. 1 to Senate Bill 786, Senate Amendment No. 1 to Senate Bill 2311 and -- and Senate Amendment No. 2 to Senate Bill 2538 recommend Do Adopt. Senator Lightford, Chairperson of the Committee on Education, reports Senate Amendment No. 2 to Senate Bill 2013 and Senate Amendment No. 1 to Senate Bill 2682 recommend Do Adopt. Senator Forby, Chairperson of the Committee on Labor, reports Senate Amendment No. 2 to Senate Bill 1878 recommend Do Adopt. Senator Delgado, Chairperson of the Committee on Licensed Activities, reports Senate Amendment No. 1 to Senate Bill 1929 recommend Do Adopt. Senator Maloney, Chairperson of the Committee on Higher Education, reports Senate Amendment No. 1 to -- Senate Bill 2690 recommend Do Adopt. Senator Haine, Chairperson of the Committee on Insurance, reports Senate Amendment No. 3 to Senate Bill 1893 and Senate Amendment No. 1 to Senate Bill 2595 recommend Do Adopt. Senator Schoenberg, Chairperson of the Committee on 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Appropriations II, reports Senate Amendment No. 2 to House Bill 3860 recommend Do Adopt. And Senator Collins, Chairperson of the Committee on Financial Institutions, reports Senate Amendment No. 2 to Senate Bill 1879 and Senate Amendment No. 1 to Senate Bill 2098 recommend Do Adopt.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Messages, please.
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 bill -- passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 1432. We’ve received like Messages on House Bills 2210, 4131, 4133, 4137, 4178, 4202, 4229, 4262, 4278, 4294, 4318, 4387, 4449, 4451, 4477, 4537, 4549, 4556, 4583, 4622, 4660, 4687, 4696, 4720, 4725, 4736, 4754, 4757, 4793, 4830, 4866, 4867, 4926, 4968, 4992, 5022, 5066, 5069, 5076, 5101, 5102, 5113, 5192, 5242, 5256, 5312, 5321, 5326, 5596, 5647, 5661, 5760, 5764, 5891, 5942, 5961 and 5978. All passed the House, April 2nd, 2008. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno, for what purpose are you seeking recognition, ma’am?
Point of personal privilege. 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.
Thank you. I would like to introduce to the Body my Page for today, Madeline Garvey, who is from my hometown of Lemont. And her mother, Jenifer, and sister, Cara, are up in the balcony.
PRESIDING OFFICER: (SENATOR DeLEO) Would our guests in the gallery please rise and be recognized? And our guests, welcome to the Illinois State Senate. Welcome to Springfield today. Senator Wilhelmi, for what purpose you seek recognition, sir?
Thank you, Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR DeLEO) State your point, sir.
Thank you. Ladies and Gentlemen of the Senate, it is my honor to welcome back a distinguished State Senator and former judge who served in this Chamber for eleven years and who has been a friend to me and my family, as well as, of course, a friend to all the people in this Body. It’s my great pleasure to welcome back State Senator and former judge Tom Dunn. Please help me welcome him.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Messages, please.
I have a Message from the House by Mr. Mahoney, Clerk. 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 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 120. Offered by Senator Raoul, and adopted by the House, April 3rd, 2008. Mark Mahoney, Clerk of the House. And it is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cronin, are you seeking recognition, sir? Senator Dan Cronin.
Yes, I am, Mr. President. Point of personal privilege if I may, please.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
I’d like to introduce to the State Senate the mighty Enright family, Patrick Enright and his lovely wife, Karen, and there’s three children. We have Kevin, Christopher and Kate. They’re here from Glen Ellyn, Illinois, the -- the home of enlightened Republican leadership. Please welcome the Enrights.
PRESIDING OFFICER: (SENATOR DeLEO) Welcome to the Illinois State Senate. Welcome to Springfield. Senator Cronin. Senator Cronin, on a personal note, the people that you just introduced today, their grandfather was my police commander at the 12th Police District in Chicago, Illinois, when I was a young police cadet, and we lived next door to each other and I picked up the commander and 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 drove to the police station every day - their grandfather. Madam Secretary, House Bills 1st Reading, please.
House Bill 1432, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 4131, offered by Senator Forby. (Secretary reads title of bill) House Bill 4133, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 4202, offered by Senator Althoff. (Secretary reads title of bill) House Bill 4229, offered by Senator Bivins. (Secretary reads title of bill) House Bill 4278, offered by Senator Koehler. (Secretary reads title of bill) House Bill 4294, offered by Senator Crotty. (Secretary reads title of bill) House Bill 4387, offered by Senator Bond. (Secretary reads title of bill) House Bill 4449, offered by Senator Halvorson. (Secretary reads title of bill) House Bill 4556, offered by Senator Righter. (Secretary reads title of bill) House Bill 4583, offered by Senator Link. (Secretary reads title of bill) House Bill 4696, offered by Senator Demuzio. (Secretary reads title of bill) House Bill 4754, offered by Senator Garrett. (Secretary reads title of bill) 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 House Bill 4757, offered by Senator Garrett. (Secretary reads title of bill) House Bill 4830, offered by Senator Garrett. (Secretary reads title of bill) House Bill 4867, offered by Senator Dillard. (Secretary reads title of bill) House Bill 4926, offered by Senator Harmon. (Secretary reads title of bill) House Bill 4992, offered by Senator Demuzio. (Secretary reads title of bill) House Bill 5069, offered by Senator Raoul. (Secretary reads title of bill) House Bill 5076, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 5102, offered by Senator Haine. (Secretary reads title of bill) House Bill 5113, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 5192, offered by Senator Collins. (Secretary reads title of bill) House Bill 5242, offered by Senator Trotter. (Secretary reads title of bill) House Bill 5256, offered by Senator Althoff. (Secretary reads title of bill) House Bill 5312, offered by Senator Haine. (Secretary reads title of bill) House Bill 5326, offered by Senator Althoff. (Secretary reads title of bill) House Bill 5614, offered by Senator Cullerton. 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 (Secretary reads title of bill) House Bill 5661, offered by Senator Trotter. (Secretary reads title of bill) House Bill 5717, offered by Senator Lightford. (Secretary reads title of bill) And House Bill 5961, offered by Senator Cullerton. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, we are going to Senate Bills 2nd Reading. Senate Bills 2nd Reading, on page 8 of your Calendar. You know, let me just -- Chair -- let the Chair remind all Members, it is April now. Let’s keep your legislation moving. So, please be aware. We’re going to Senate Bills 2nd Reading. Page 8. At the bottom of page 8 is Senate Bill 2596. Senator Delgado. Senator Delgado. Out of the record, Madam Secretary. Senator Cronin. Senator Dan Cronin, on Senate Bill 2626, sir. Senator… Out of the record. Senator Dahl, on 2632, sir. Senator Dahl, on 2632. Out of the record. Ladies and Gentlemen, continuing on Senate Bills 2nd Reading, we’ll turn to page 9. Top of page 9 of your Calendar is Senate Bill 2733. Senator Dan Cronin. Senator Dan Cronin. Out of the record, Madam Secretary. Senator Lightford. Senator Lightford, on 2734. Madam Secretary, please read the bill.
Senate Bill 2734. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration, Madam Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Senator Halvorson. Leader Halvorson, on 2736, ma’am. Out of the record. Senator Noland. Senator Noland, on 2743. This -- there’s a -- Senator Noland, there’s been a fiscal note attached. Out of the record. Senator Noland, on 2744, sir. Out of the record. Senator Noland, on 2745, sir. Out of the record. Senator Noland, on 2747, sir. Out of the record. Senator Noland, on 2748, sir. Out of the record. 2750, sir. Out of the record. Senator Haine. Senator Bill Haine, on 2760 - class action. Out of the record. Senator Bond. Senator Michael Bond, on 2820. Senator Bond. Out of the record, Madam Secretary. Senator John Cullerton. Senator John Cullerton, on 2824. Out of the record. Senator John Cullerton, on 2834, sir. Out of the record. Senator Holmes. Senator Linda Holmes, on 2835, ma’am. Madam Secretary, please read… Madam Secretary, on 2855, out of the record, please. Senator Trotter, on 2858, sir. Senator Donne Trotter. Madam Secretary, out of the record. Senator John Cullerton. Senator John Cullerton, on 2864, sir. 2864. Senator John Cullerton. Madam Secretary, out of the record. Senator Cullerton, on 2865, sir. Senator John Cullerton, on 2865, sir. Out of the record. Ladies and Gentlemen, continuing on Senate Bills 2nd Reading, we will go to the top of page 10 of your Calendar. Page 10 comes House Bill 2873. Senator Noland. 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Senator Noland, on 2873, sir. Out of the record. Senator Noland, on 2874, sir. Senator Noland, on 2874, sir. Out of the record. Senator Raoul, on 2879, sir. Senator Raoul. Out of the record, sir. Senator Schoenberg. Senator Jeff Schoenberg, on 2882, sir. Senator Schoenberg. 2882, sir. How are you today, Senator? Nice to see you. Out of the record. Okay, Ladies and Gentlemen, at this time, I’d ask all staff to retire to the rear of the Chamber. I’d ask staff to retire to the rear of the Chamber, please. Members, please be at their seats. I’d like to recognize Senator Mattie Hunter. Senator Hunter.
Thank you, Mr. President. Tomorrow marks the fortieth anniversary of the Reverend Dr. Martin Luther King, Jr.’s death. Although Dr. King was tragically taken away from this world at an early age, his legacy will forever live on. Dr. King devoted his life to this nation and its people. He used nonviolent measures to bring forth change in America. Dr. King fought for the civil rights of disenfranchised individuals and rallied against them -- against segregation. He must -- we must never forget the efforts put forth by Dr. King to make our nation a land of opportunity for all people. Dr. King was undoubtedly one of the most influential leaders of the 20th -- 20th century and we must honor his work and continue to push forward his vision. There has been remarkable progress made since Dr. King’s death to improve the lives of those discriminated against in the past. Minorities had very few civil rights. Today, minorities have more opportunities to excel socially, academically and economically. Minorities are represented on many different levels of government and the issue of race is 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 more openly discussed today than in the past. Nevertheless, more work needs to be done. Blacks make up approximately twenty-five percent of the nation’s poor population. The number of young black men incarcerated - one out of nine - in this country is utterly disturbing, but Dr. King’s vision will not be left in vain. We need to hold on to Dr. King’s vision now more than ever. The tolerance cannot be a substitute for acceptance. One day, Dr. King’s vision will become a reality. Thank you very much, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) …you, Senator Hunter. Leader Watson, you seeking recognition, sir?
Yes. Thank you very much. And I appreciate the remarks of the previous speaker. The Illinois Ophthalmologists are having eye tests down in the Rotunda. And -- for glaucoma, and that’s one of those -- glaucoma is one of those hidden diseases that you don’t really know much about until you get it and then you got a real problem, but it can be prevented. And that test down there is excellent. I was -- just went through it earlier this morning. And the Illinois Ophthalmologists are making themselves available for people here in the Capitol today. We thank ‘em for that. Preventive medicine is a big -- something we need to be doing more with. So if you get the opportunity, till 1 o’clock, they’ll be set up downstairs. Vince Persico is -- is their representative here and they have some ophthalmologists there who will test your eyesight and look also for the potential for glaucoma. So it’s an excellent program, and we thank them and you should take advantage of it. 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you. Senator Risinger, for what purpose do you arise, sir?
Thank you, Mr. President. The Senate Republicans would like a caucus immediately.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. That request is always in order, sir. We’ll -- the Illinois Senate will stand at recess to the call of the Chair. We will ask all Members to return here at -- exactly at the hour of 1 o’clock. The Senate will stand in recess to the hour of 1 o’clock. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) The Senate will come to order. All Members within the sound of my voice please return to the Senate Floor. We are about to go Senate Bills 3rd Reading, final passage. So I ask all Members within the sound of my voice please come to the Senate Floor. We will be going to Senate Bills 3rd Reading, final passage. The Senate will come to order. Ladies and Gentlemen, I’d ask you to take -- go to page 15 of your Calendar. Page 15. In the middle of page 15 is Senate Bills 3rd Reading, final passage. Senator Link, do you wish to proceed on Senate Bill 2512, sir? He indicates he wishes to proceed. Madam Secretary, read the bill.
Senate Bill 2512. 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Thank you, Mr. President. This is the Internet safety bill. It would require districts -- to incorporate a component on Internet safety into the school districts. It would be -- as amended, it would be revenue-neutral and it would compose of a - - about a half-hour a year of Internet safety curriculum. I’ll be more than happy to answer any questions pertaining to this.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Rutherford, for what purpose do you seek recognition, sir? Senator Rutherford.
Thank you, Mr. President. A quick question of the sponsor, please.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator Link, does this mandate any type of filters on library Internet systems?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Absolutely not.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford. 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
Follow-up question, Senator Link. Then, it just -- this is a -- a requirement for a curriculum to be done in a school and/or a public library system, or just in schools?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Just the schools.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Rutherford.
Thank you, Mr. President. Senator Link, who’s going to pay for it?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Microsoft is donating the -- the -- the equipment or the -- the curriculum to - thank you, Senator Schoenberg - curriculum to the school districts and -- that it would be at no cost to the school districts and that they would be doing this. Like I say, it’s a half-hour a year - not a week, not a month, not anything. So, it’s just something to show - once a year - to show the kids about Internet safety.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.
Thank you, Mr. President. Further, Senator Link, so in a sense, this is an unfunded mandate on our schools. Even though Microsoft may be providing whatever you called that, it still is 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 going to require a school district to staff or the like to mandate this type of opportunity within the school and there’s still going to be some type of cost there. Would you concur with that?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Well, I guess if you consider a half-hour a year an unfunded mandate, I -- I -- I imagine it would be. But I don’t consider this an unfunded mandate.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Thank you. Senator Link, following up on Senator Rutherford’s questioning, you’ve referred a couple times to a half-hour. Can -- I -- I’m looking in the bill and I can’t find a reference to thirty minutes or half an hour anywhere. Can you point to that specifically?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
This is what the -- this is what the average could be. It could even be as low as fifteen minutes. But what the average is, is about a half-hour. This is what is told to me by -- the type of curriculum, the type of process of what they would do 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 that was offered to ‘em, that we’re talking maybe fifteen minutes to a half-hour a year. We’re not talking of any eight- hour program. We’re not talking of any lengthy type of program. We’re talking of a short fifteen- to half -- thirty-minute program a year.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Thank you, Mr. President. So -- I mean, putting the rhetorical debate aside for a second, Senator, I mean, I’m reading from the bill and it says, beginning in the next school year, a school district “must” incorporate into the school’s curriculum a component on Internet safety. I mean, you’re talking about, well, it’s really not a mandate, because maybe it’s only a half an hour or one… And there is a recommendation in there for at least two hours. So, I mean, is it fair to say, this is a mandate; you just don’t consider it to be a particularly onerous one for school districts?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Well -- well, the reason I wouldn’t consider it, because it’s not being pushed into their daily curriculum. We’re not telling them that they have to put this into the day-to-day curriculum. So, I -- I am not considering this the type of mandate that you would interpret as an unfunded mandate.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Briefly, to the bill, Mr. President, please.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Thank you. Ladies and Gentlemen of the Senate, just so we’re clear on what we’re voting on, we are voting on a curricula mandate. Now, Senator Link is absolutely correct. According to the language in the bill, it doesn’t say that they’ve got to teach it every day, but it is a curricula mandate. It is also something that your locally elected school board members, who are all, I assume, intelligent folks who have decided to serve their communities, can decide to do on their own for the kids that their school district serves. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Luechtefeld.
Thank you, Mr. President. This is a question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
And -- and to the bill. Senator, you and I had discussions in committee and then since, and I understand that this is -- at least it’s smaller -- it’s -- it’s a smaller amount of time than I had -- I thought in committee that you -- you want to -- you want to use. I -- I guess it’s software that Microsoft is providing to the different -- to the schools to do this. You know, again, I -- as I pointed out to -- to the Senator, he came 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 with this bill. We are in committee, in Education Committee, a lot with a lot of different mandates that we’re asked to do. Most of them are people who have -- they have good intentions and they would like to, you know, they’d like to improve the schools. But there are -- there is just only so much time that teachers have in the schools, and -- and obviously they’re -- they must -- in many places, they’re already not doing a good job with many of the things that they’re supposed to be teaching. Let’s hope that -- that -- already in schools, in every school, there is some training with regard -- or at least -- at least fifteen/twenty minutes of it, with regard to Internet safety. Now, again, what he is trying to do is certainly nothing bad, but it is one more of those mandates that we put on schools year after year, after year, and they add up. They truly add up to the point where can you really get a -- get the job done to the things that you really need to teach? And that’s why I oppose a lot of times -- I oppose a lot of times those mandates. And probably, again, I’m not going to -- I probably will vote against it as I did in committee, mainly because it is another mandate, and you just need to know that. I’m sure the bill will likely pass. But we do have to be careful what we mandate to the schools. Finally, they don’t have enough time to do what they’re doing. So, thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Cronin.
Yes. Thank you, Mr. President. You know, this is one of those issues that we see from time to time that requires us to sort of balance and -- and make the call. You know, a survey of 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 the school districts, and based on discussions that we had with the different school districts that were represented, school districts across the State of Illinois already do this. They already do it. They recognize the importance of this curriculum in this day and age with the dangers that are presented on the Internet. Lord knows all the crimes that can be -- can be committed. We all know that this is important. So then the question becomes, you know, why should we be mandating it if they’re already doing it? Well, you know, on balance, here we are, the issue’s before us. If you vote No, you -- you -- you know, the accusation is you’re not for Internet safety, and if you vote Yes, you say, well, why is this necessary? I guess for me, on balance, since it’s something that we’re already doing -- I mean, it’s not a mandate that -- that brought a hue and a cry from the schools, because this is something they’re already doing. I don’t like mandates. I don’t want to impose anything more on the schools. But I think with this mandate, since I’m forced to make a decision on this, this is not something that’s going to be new and burdensome and it’s important and it’s already being done, and Senator Link will be able to tell the folks back home that he’s for Internet safety and -- and all of us will, I suppose. But, on balance, when you weigh it, my recommendation is that you vote Yes because it is not an additional burden to the schools, although I don’t like mandates. The bill probably shouldn’t even be before us, but because it is and we have to make a decision and you have to weigh the pros and the cons and that’s why we’re here, on balance, I think a Yes vote is not a bad vote. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Okay, seeing no further discussion, Senator Link, to close, sir.
Thank you, Mr. President, and thank you for the -- the great debate on this, and I just want to clarify one thing for my colleague over there. I’m not doing this for the people back home - telling them what I did. I’m telling {sic} this for all the kids of the State of Illinois, that I see these young people by Senator Murphy and -- and I want them to all make sure that we have Internet safety and that we are in a generation to where we need this in the State of Illinois. It may be construed a mandate. I don’t construe it a mandate. But I’ll tell you something, it’s something that we need. It’s something that’s important. It’s something that the kids need to have a knowledge of. And I think that it’s a necessity that we have it, and for a half-hour, at the most, a year, I don’t think this is a time-consuming thing to have for the safety of our children of this State. I ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 2512 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 48 Ayes, 8 voting Nay, 0 voting Present. Senate Bill 2512, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 2513. Senator Link, on Senate Bill 2513. Out of the record, Madam Secretary. Senator Raoul, on 2520, sir. He 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 indicates he’d like to proceed. Madam Secretary, read the gentleman’s bill.
Senate Bill 2520. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Raoul.
Thank you, Mr. President, Members of the -- the Senate. Senate Bill 2520 amends the Chicago Laborers Article of the Illinois Pension Code to clarify the way Pension Fund offsets disability annuity payments when a worker is awarded a lump sum settlement from the City of Chicago or an award under the Workers’ Compensation or Workers’ Occupational Disease {sic} (Diseases) Act. The legislation will prevent the Fund from having to collect any offset that applies to the disability annuitants after the determination of a Worker’s Compensation award or other lump sum settlement which could serve to -- diminish the annuitant’s pension. The bill protects both the pensioners and the Chicago Laborers’ Pension Fund. I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) …you, sir. Is there any discussion? Senator Brady, for what purpose do you rise, sir?
Thank you, Mr. President. I rise to speak in support of the gentleman’s bill.
PRESIDING OFFICER: (SENATOR DeLEO) 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Okay. Seeing no further discussion -- oh, excuse me. Senator Lauzen, are you seeking recognition on this -- on this bill, sir?
Yes, please. Thank you, Mr. President. Just to ask a question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator, is there any impact on the unfunded liability for this provision, this new law?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.
No, there’s no known impact to it.
PRESIDING OFFICER: (SENATOR DeLEO) Seeing no further discussion, Senator Raoul, to close, sir.
I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 2520 pass. 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 58 Ayes, 0 voting No, 0 voting Present. Senate Bill 2520, having received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is House {sic} Bill 2526. Senator Raoul. Do you wish to proceed? He 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 indicates he wishes to proceed. Madam Secretary, read the bill.
Senate Bill 2526. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.
Senate Bill 2526 is almost identical to Senate Bill 2520, which we just passed out unanimously, except it applies to the Chicago Municipal Article of the Illinois Pension Code. I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Lauzen.
Thank you, Mr. President. Just the same question. On this bill, is there any impact on any unfunded liability?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.
Senator, there is not.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul -- seeing no further discussion, Senator Raoul, to close, sir.
I just ask for your Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Bill 2526 pass. All those in favor, vote Aye. All those opposed, vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2526, having received the required constitutional majority, is declared passed. Senator Raoul, on the order of 2529, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.
Senate Bill 2529. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul.
Senate Bill 2529 makes just some technical changes to the State University Retirement System Article regarding retirement and survivor benefits. And there is no impact to unfunded liability in Senate Bill 2529.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you for answering that question, sir. Is there any discussion? Is there any discussion? Seeing none -- no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 2529 pass. All those in favor, vote Aye. All those opposed, vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2529, having 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 received the required constitutional majority, is declared passed. Senator Iris Martinez, on 2531. Senate Bill 2531, ma’am. Are you sure? Out of the record. Senator Susan Garrett. Senator Garrett, on Senate Bill 2536, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, please read the lady’s bill.
Senate Bill 2536. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett, to the bill, ma’am.
Thank -- thank you, Mr. President. Senate Bill 2536 states that the -- that we will have -- when there’s going to be any increase in fares or charges for public transportation by the RTA or any of their service boards, a public hearing must be held in each county in which the fare increase takes effect. This bill also holds that notice of the hearing must be given at least twenty days prior to the hearing and at least thirty days prior to the effective date of any fare increase. And the bill further requires that notice be published in a newspaper of general circulation in the region and must be sent to the Governor and to each Member of the General Assembly whose district overlaps in whole or part with an area in which the increase takes effect. And that’s it. It…
PRESIDING OFFICER: (SENATOR DeLEO) …you. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Garrett, to close. The lady 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 requests a favorable roll call. Okay, Ladies and Gentlemen, the question is, shall Senate Bill 2536 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2536, having received the required constitutional majority, is declared passed. Okay, on the bottom of page 15 is Senate Bill 2546. Senator Clayborne. Senator Clayborne seeks leave of the Body to return Senate Bill 2546 back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2546. Madam Secretary, has there been any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne, to explain your amendment, sir.
Thank you. In the original bill, this changes that to allow tobacco vending machines in places where alcohol beverages are sold and consumed on the premises. It tightens up provisions by requiring the vending machines to be under direct supervision of owner and manager.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Clayborne moves the adoption of Amendment No. 2 to Senate Bill 2546. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Now, 3rd Reading. Okay, now on the bottom of page 15 is Senate Bill 2547. Senator Clayborne, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s bill.
Senate Bill 2547. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Clayborne.
…you -- thank you, Mr. President, Members of the Senate. Senate Bill 2547 allows suppliers and distributors of synthetic natural gas more flexibility in the length of their long-term contract. The bill changes the price perimeters of these contracts so that they can keep pace with rapidly increasing costs -- I mean, construction costs -- costs for new facilities. Lastly, the bill extends the construction date deadline for the Jefferson County synthetic natural gas project by one year. This bill will enable the construction of plants that use coal to produce synthetic natural gas for Illinois consumers. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 none, Ladies and Gentlemen, the question is, shall Senate Bill 2547 pass. 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 57 Ayes, 0 -- 0 voting Nay, 0 voting Present. Senate Bill 2547, having received the required constitutional majority, is declared passed. Ask you to turn -- continuing on Senate Bills 3rd Reading, we will turn to the top of page 16 of your Calendar, of your printed Calendar. Page 16 is Senate Bill 2558. Senator John Sullivan. Senator. He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s bill.
Senate Bill 2558. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Sullivan.
Thank you, Mr. President. Senate Bill 2558 amends the State Employees’ Retirement Service Article to require that any person who rendered full-time contractual services to an Illinois veterans’ home may establish service credit for up to eight years of service. The bill requires the employee to pay the employer’s normal cost and the employee contribution, plus any interest on both, from the date of service to the date of payment. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 2558 pass. All those in favor will vote Aye. All those opposed will -- vote -- opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2558, having received the required constitutional majority, is declared passed. Senator John Jones, on 2562. Senator John Jones, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill.
Senate Bill 2562. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator John Jones, sir.
Thank you, Mr. President. Last fall, I had the CBS News Channel in -- Channel 4 in St. Louis came to me with a situation that -- that I didn’t know existed in the State of Illinois, where a convicted felon could -- could receive a hunting license. There are very few of ‘em that do, but there are some people out there, and this would -- this would eliminate those people that are convicted felons from -- from receiving a hunting license.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Is there any discussion? Senator Sullivan. Senator John Sullivan.
31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator, this bill came through the Ag and Conservation Committee and it was my -- as I recall, and if you would help my memory here, I thought that there was an understanding that there would be further discussion on this before this bill moved on to -- or tried to -- was called for a vote here in the Senate. Can you explain what’s -- have you had some discussions?
PRESIDING OFFICER: (SENATOR DeLEO) Senator John Jones.
Senator Sullivan, I -- I do recall that and the -- the response in -- in committee was that the Department of Natural Resources would sit down with me and -- and discuss their concerns with it. After three weeks, they have not returned a phone call. So I have decided that maybe we need to move it over to the House and maybe they’ll -- they’ll decide that they want to talk with us and see what their concerns are.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.
So you’re saying that you did reach out to DNR, but they did not respond back. Was that what you said? And you can nod yes or no. You don’t need to respond, ‘cause I have a follow- up. So -- just so the -- the Members understand: Right now in the State of Illinois, you cannot -- if you are a convicted 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 felon, you cannot get a FOID Card. That’s correct. So what this bill says is, is, in addition, that you cannot get a hunting license and the -- the -- what’s the difference? If you can’t get a FOID Card, why do we need to prevent them from getting a hunting license, which they can’t do anything with anyway, unless I’m mistaken?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jones.
Well, Senator Sullivan, the -- the two or three instances that the news media brought to my attention last year was a situation where people were receiving a hunting license and they were going out and hunting anyway without a FOID Card. You know, what I told the Department of Natural Resources, if you recall in committee, was that a very simple solution would be to require that your FOID Card number be attached to your -- a blank on the -- on the application for a hunting license and this would solve the problem.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.
Okay. So, there are six restrictions listed, including a convicted felon, subject to an order of protection, so on and so forth. Are those six restrictions the same as what is required right now of a FOID Card? Are you expanding those restrictions or are they same -- the same restrictions that -- keeps you from getting a FOID Card?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jones. 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
They’re the same exact restrictions.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.
And so, with regard to DNR’s opposition to the bill, they have said that -- that they do not -- the Department does not have the ability to determine if those who apply for a -- firearm deer and turkey permits, whether they have any criminal background, you know, restrictions or a convicted felon, so on and so forth. How is the Department supposed to address those issues?
PRESIDING OFFICER: (SENATOR DeLEO) Senate Jones.
I -- I believe I answered that previously, Senator Sullivan, is that -- you know, really and truly, we don’t need the bill if the -- if the Department would just agree to put a blank on the -- on the application for a hunting license to where you would write in your FOID Card number. Then they would know immediately whether you -- you have a legitimate FOID Card and then they could issue a hunting license. If you don’t want to put your FOID Card number on there, then you don’t get a hunting license.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Haine, are you seeking recognition? Senator Haine, are you seeking recognition, sir?
Yes, sir. I -- I would ask the sponsor to yield for some 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 questions.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator Jones, I -- I -- I’m -- I apologize to you for not being more prepared on this, but there’s a provision in the statutes now that allows the Director of State Police, upon a petition, to give someone the authority to carry a firearm even though they’re a convicted felon. They have to show a number of things: They have a non-violent past; they’ve had years of comporting themselves with -- with the law. And in the -- in the sound discretion of the Director of the -- the State Police, they may be issued the FOID Card, the ability to carry a firearm. Are you aware of that?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jones.
You’re saying that they are issued a FOID Card by the Illinois State Police. I’m not aware of that, no.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
I would -- I’m aware of it vaguely from the past and I would ask time to look that up. And here’s my concern, that -- that there are situations where you have a young person convicted of a non-violent felony and years pass. They do not have a pardon; they can’t get a pardon for one reason or another. They want to go hunting with their family. They -- they -- they may be able to obtain a permit to carry a firearm 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 for a limited purpose, to go hunting. I know personally of such situations. And I -- I just think that in those cases, there should be an exception, rather than a blanket prohibition against anyone having a hunting license. If you have a young kid, say he has a marijuana felony, and twenty years later he’s been a law-abiding citizen, he’s been working and he wants to go out with his children or his uncle or his grandfather hunting and he can obtain, through the discretion of the Director of the State Police, the ability to carry a firearm for that limited purpose. I think it’s unreasonable for us to impose another burden on a convicted felon rather -- without showing a connection, a nexus between the act of possessing the firearm for a limited purpose of hunting and the danger to the public from a -- a possession of a firearm. The -- the other people listed, domestic batteries, those -- those -- those situations are different. But, I mean, I -- I’m really reluctant to vote for this bill unless I can determine whether this is an undue burden on people that have made a mistake in the past and want to go hunting.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jones, to close, sir.
Well, Mr. President, to -- to Senator Haine’s question and response there. Senator Haine, I -- I can tell you right now, I don’t think there’s probably a Senator in this room that probably doesn’t have situations that you just talked about, because I know I do. I -- I’ve had some very law-abiding citizens, maybe had a little problem back when they were a kid and now they’re forty years old and, as you say, they want to 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 take their -- their children hunting or they want to go hunting themselves. But I -- for the life of me, I am -- this is the first time I ever heard that the State Police will issue a FOID Card to those individuals. Let -- let me -- you don’t need to respond. Here -- here’s what I’m willing to do, if you can prove that to me -- what I’m going to do is pull the bill out of the record right now and -- until next week. But I would like to have that proof, and then I will give you a list of names from people in my district - and I’m sure other Senators will too - and we’ll get them FOID Cards so they can go hunting. So, I’m -- I’m -- Mr. President, I’ll -- I’ll pull the bill out of the record right now.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, gentleman’s requested the bill out of the record. Bill’s out of the record. Moving on to Senate Bills 3rd Reading is Senate Bill 2564. Senator DeLeo. With leave of the Body, we’ll come back to that. Senate Bill 2566. Senator Jacqui Collins. Do you wish to proceed, ma’am? She indicates she wishes to proceed. Madam Secretary, please read the lady’s bill.
Senate Bill 2566. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins. Just one moment, please. State Journal- Register is seeking leave of the Body to take still photos of the proceedings. Seeing no objection, leave is granted. Senator Collins, to the bill, ma’am. 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
Thank you. Senate Bill… Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2566 requires the Illinois Housing Development Authority to establish and administer a foreclosure prevention counseling program and requires the Authority to use money in the Foreclosure Prevention Counseling Fund and funds appropriated for that purpose to make grants to HUD-certified counseling agencies for home-ownership education and foreclosure prevention counseling. And I am open for any questions that I might have in reference to this legislation.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Peterson, are you seeking recognition on this bill, sir?
Yes, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she’ll yield for a question.
Senator Collins, during committee, I believe Senator Martinez talked about why you were just singling out mortgage brokers, and I -- I thought we had an understanding we were going to come back with a -- an amendment to kind of satisfy her concerns with the bill that this was just singling out one group of people that issue mortgages.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.
38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Thank you, Senator Peterson. Yeah, in -- in -- in fact there were four questions that were raised in committee. The one dealing with why not have the legislation impact all loan originators, I did have a meeting with Senator Martinez and explained to her the feedback that I got from the Attorney General’s Office as well, is that because they are -- this legislation would only apply to those who fall under the RMLA, Residential Mortgage License Act, which would be our State-chartered, but not the federally chartered banks because that is, in fact, relegated by federal law. So this only applies to the licensees under the RMLA, and that would not be the State-charted banks, but it’d only be the mortgage bankers and mortgage brokers. The other questions that came up was the question of whether or not we actually needed more counselors. And at the time when I brought the amended bill back to the -- to the committee, we had a HUD counselor in to provide the data and the documentation on how we’re falling behind in meeting the needs of middle -- many of the middle-class homeowners that are facing foreclosure. The other question was, did we not have counseling provided in a bill that I sponsored last Session, which was Senate Bill 1167? That bill becomes effective in July of 2008; however, it only covers Cook County only. This legislation is for the entire State. And I think those were all the questions that were raised.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion, Senator Peterson?
Thank you, Senator. To the bill. Well, first of all, I don’t know what the Illinois Housing Development Authority will 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 do that HUD isn’t already doing. HUD provides counseling by toll -- by toll calls -- free -- free phone number, and also they have a website. Now, what this bill does is raise the license fee for mortgages -- mortgage brokers by eighteen and a half percent, plus an additional fee of five hundred dollars. There’s no plan here that shows how the Illinois Housing Development Authority is going to do any better job than HUD is already doing. And the -- in fact, the gentleman from HUD that testified in the committee says that they spend, on the first call, usually around forty-five minutes with a client trying to help them out. I don’t believe this raise is necessary. I believe we already have something that’s available under HUD and I would ask a No vote on this legislation.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Lauzen.
Thank you very much, Mr. President. A question for the sponsor. I realize that this is a -- an additional fee, as Senator Peterson mentioned, and -- but is there any protection from this fee, this -- these revenues being swept, you know, when the Governor decides that he wants to sweep from different places?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins.
I would just say I don’t know the answer to that question. I would hope that the Governor would be willing to understand that his -- a major part of his constituency is facing foreclosure and he would see the need to exclude or exempt this 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 fund from a transfer or a sweep.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Further discussion? Further discussion? Seeing none, Ladies and Gentlemen, the question is, shall 2566 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 33 Ayes, 21 Nays, 1 voting Present. Senate Bill 2566, having received the required constitutional majority, is declared passed. Senator Frerichs, on Senate Bill 2570, sir. Out of the record. Senator Risinger, on 2581, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s bill.
Senate Bill 2581. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) …you, Madam Secretary. Senator Risinger, to the bill, sir.
Thank you, Mr. President. This bill amends the County Care for Persons with (Developmental) Disabilities Act. Provides that a county board with any county with a three-member county board for care and treatment of persons with a disability may provide that that board shall consist of five members. And “may” is the key word. This bill passed the Senate and the House last time -- last year. The Governor amendatory vetoed it, and the way he amendatory vetoed it, it didn’t make any 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 sense. So we’re bringing it forward again.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill 2581 pass. 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 54 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2581, having received the required constitutional majority, is declared passed. Senator Hunter, on 2603, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, please read the lady’s bill.
Senate Bill 2603. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter, to the bill, ma’am.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2603 amends the City Colleges of Chicago Article of the Public Community College Act. This bill would eliminate the requirement for the CAO to report the expenditures of the district to the board thirty days before the beginning of the budget year. By eliminating this provision in current law, the City Colleges board is required to adopt a budget during the first quarter of its fiscal year without the information provided by the CAO. In 1965, the Illinois Public Community 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 College Act -- the City Colleges of Chicago became independent of the Chicago Board of Education. And at that time, the CAO reporting provisions of the statute relating to the City Colleges may have been a -- a by- -- a by-product of the Chicago Board of Education statutory budget development requirements at that particular time. Like most other community colleges in Illinois, the City Colleges works to adopt their budget before the fiscal year, and this reporting period -- this reporting statute is no longer required. So I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 2603 pass. 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 56 Ayes, 0 voting Nay, 1 voting Present. Senate Bill 2603, having received the required constitutional majority, is declared passed. Senator Murphy, on Senate Bill 2622, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the bill, please.
Senate Bill 2622. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy, to the bill, sir.
Thank you, Mr. President. This bill applies to Cook County 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 only, and it would excuse seniors from having to reapply for the senior homestead exemption, because - while you wouldn’t know this firsthand, Mr. President - once you become a senior, you don’t lose that status again. So, we were trying to make it a little easier on our seniors by only having to apply for the homestead -- senior homestead exemption once. I’m aware of no opposition and I would request an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Excuse me, Senator, did you say I would know or I would not know?
You most certainly would not know, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you. Senator Raoul.
To the bill: I rise in strong support of the gentleman’s bill, having sponsored this very piece of legislation a couple of General -- a couple Sessions ago. Great minds must think alike.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, seeing -- no further discussion, the question is, shall Senate Bill 2622 pass. 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 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2622, having received the required constitutional majority, is declared passed. Senator Harmon. Senator Don Harmon, on 2636, sir. Out of the record. 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Senator Harmon, on 2638, sir. Senator Harmon, is that -- gentleman bothering you? 2638. Out of the record. Senator Harmon, on 2639, sir. Senator Harmon, are you seeking leave of the Body to recall this to the Order of 2nd Reading for the purpose of amendment, sir? That’s correct. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2639. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Harmon, to explain your amendment, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The amendment is a technical amendment that removes the lingering opposition. I’m not aware of any opposition to the amendment and I would like to adopt it and talk about the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Senator Harmon moves the adoption of Floor Amendment No. 2 to Senate Bill 2639. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Ladies and Gentlemen, continuing 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 on Senate Bills 3rd Reading on page 16 is Senate Bill 2640. Do you wish to proceed with that, Senator Harmon? Out of the record. Senator Harmon, there’s 2643. Do you wish to proceed with that? Out of the record. Ladies and Gentlemen, we now come to the bottom of page 16. It starts at Senate Bill 2653. With leave of the Body, we will skip that. We will go to top of page 17. We will go all the way down to Senate Bill 2674. Senator Wilhelmi, on 26 -- Senate Bill 2674. Senator Wilhelmi is seeking leave of the Body to return this back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2674. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Wilhelmi, to explain Floor Amendment No. 1, sir.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 becomes the bill. I’d be happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Is there any discussion? Is there any discussion? Seeing no discussion, Senator Wilhelmi moves the adoption of Floor Amendment No. 1 to Senate Bill 2674. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Madam Secretary, has there been any further Floor amendments approved for consideration? 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Okay, with leave of the Body, we will skip 2675. We will turn to page 18 of your Calendars. On the top of page 18, we have Senate Bills 3rd Reading, is Senate Bill 2676. Senator Koehler. Senator Koehler is seeking leave of the Body to return this to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Yes. Hearing no objection, leave is granted. Madam Secretary, we’re now on the Order of 2nd Reading of Senate Bill 2676. Has there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Koehler, to -- to explain Floor Amendment No. 1, sir.
Floor Amendment No. 1 is -- is the bill and I would be happy to explain that further on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Koehler moves the adoption of Floor Amendment No. 1 to Senate Bill 2676. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Thank you. 3rd Reading. …leave of the Body, we will skip down to 2682 in the middle of page 18, to Senate Bill 2682. Senator Frerichs is seeking leave of the Body to return this to the Order of 2nd Reading for purpose of amendment. Is that correct, sir? Now on the Order of -- hearing no objection, leave is granted. And now on the Order of 2nd Reading is Senate Bill 2682. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Frerichs.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs, to explain your amendment, sir.
Okay. The amendment to Senate Bill 2682 delegates {sic} the underlying shell bill and authorizes school boards to award a diploma to an honorably discharged veteran who left high school before graduating to serve in the United States Armed Forces during the Vietnam Conflict, provided that the veteran resided in the area within the district and has not received a high school diploma.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Frerichs moves the adoption of Floor Amendment No. 1 to Senate Bill 2682. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported. 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Okay, Ladies and Gentlemen, I’d ask you to skip down to the -- near the bottom of page 18, continuing on Senate Bills 3rd Reading. With leave of the Body, we will go to 2690. Senator Maloney. Senator Maloney, on Senate Bill 2690. Senator Maloney seeks leave of the Body to return Senate Bill 2690 to the Order of 2nd Reading for the purpose of amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2690. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Maloney.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Maloney, to explain Amendment No. -- Floor Amendment No. 1, sir.
Thank you, Mr. President. The amendment came out of a situation in my district where the community college had passed a referendum and, once the referendum was passed, some building began and by law they were -- had to award bids to the -- to the lowest bidder. What happened is a lot of local businesses were squeezed out of the opportunity to provide the services there. What this bill says is that with a -- a two-thirds vote of the community college board, if a local business submits a bid within five percent of that, they are -- they would be allowed to award that contract to the local businesses. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Is there any discussion? Seeing no discussion, Senator Maloney moves the adoption of Floor Amendment No. 1 to Senate Bill 2690. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. And the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now, Ladies and Gentlemen, with leave of the Body, I’d ask you to skip down to -- turn to page 19. We will go to the middle of page 19 on Senate Bills 3rd Reading to Senate Bill 2707. Senator Link. Senator Link is seeking leave of the Body to return this back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, Senator? That is correct. So hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2707. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Link, to explain your amendment.
Thank -- thank you, Mr. President. This is just a trailer for the Smoke Free Illinois. It just clarifies some of the things as far as that they can -- where you could smoke as far as for tests -- excuse me, for testing and some administrative laws. 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no discussion, Senator Link moves the adoption of Floor Amendment No. 1 to Senate Bill 2707. All those in favor will say Aye. All those opposed will say Nay. The amendment -- the -- the Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Ladies and Gentlemen, for the purposes of an announcement, we’d ask all members of the Rules Committee to please report to the President’s Anteroom immediately - all members of the Rules Committee. We’d ask the Senate just to stand at ease for just a moment while the Rules Committee will meet. So, all members of the Rules Committee will report to the President’s Anteroom immediately and the Members will stand at ease for just a moment. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) Senate will come to order. Madam Secretary, Committee Reports, please.
Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to State Government and Veterans Affairs Committee - 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Senate Resolution 612 and Senate Joint Resolution 91; and Be Approved for Consideration - Floor Amendments 3 and 4 to House Bill 473. Senator Debbie Halvorson, Chairman. April 3rd, 2008.
PRESIDING OFFICER: (SENATOR DeLEO) WICS Television is seeking leave of the Body to videotape the proceedings. Seeing no objection, leave is granted. Senate will come to order. Ladies and Gentlemen, if I could have your attention, please, we go to the printed Calendar. We will go to page 22 of your Calendar, House Bills 3rd Reading. On the middle of page -- on the top of page 22, House Bills 3rd Reading, is House Bill 315. Senator Link. Senator Terry Link. Senator Link, I believe, is seeking leave of the Body to return House Bill 315 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, Senator Link? Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 315. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment No. 7, offered by Senator Link.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link, to explain Amendment No. 7, sir.
Thank you, Mr. President. This is to add Illinois Breast Cancer and Cervical Cancer Program eligibility and FamilyCare expansion eligibility. I’ll be more than happy to explain it on 3rd Reading more thoroughly.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any discussion? Senator Righter, 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 are you seeking recognition on this amendment, sir?
Just inquiry of the Chair, if I might, Mr. President. Is it…
PRESIDING OFFICER: (SENATOR DeLEO) Please state your inquiry.
Thank you. Mr. President, is it the Chair’s intention to allow for the adoption of this amendment and then move the bill forward on 3rd Reading? The only reason I ask that, Mr. President - just kind of a procedural inquiry - is that we’ve been attaching amendments on Senate bills, which I would assume would be this Chamber’s first priority, and then holding them and not calling them, even though they were on 3rd and positioned to go, and you put the amendments on a recall. Why is it that we are worried more about the House Chamber’s bills and moving that out first, rather than our own Members’ bills?
PRESIDING OFFICER: (SENATOR DeLEO) Your -- your intentions are wrong. All bills are all people for the -- all State for all the people of the State of Illinois. …Link. Senator Righter.
Can -- I wonder, can -- can you provide an answer to my inquiry, Mr. President? I mean, is that -- is that what we’re going to do? Is there a reason…
PRESIDING OFFICER: (SENATOR DeLEO) What -- what -- we’re going to adopt the amendments and proceed with the bills today, for final passage. Okay, on the Order of 2nd Reading on House Bill 315, Senator -- Senator Link 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 moves the adoption of Floor Amendment No. 7 to House Bill 315. All those in favor will say Aye. All those opposed will say Nay. And the Ayes have it, and the amendment’s adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. On the Order of 3rd Reading is House Bill 315. Senator Link, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.
House Bill 315. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Link, to the bill, sir.
Thank you, Mr. President. This is the FamilyCare expansion program, which would expand eligibility for patients that qualify with children to be eligible for medical assistance benefits when their income is at or below one hundred and thirty-three percent of federal poverty level. Parents for -- over the income level must meet a certain criteria to determine eligibility, such as having been without health insurance for at least twelve months prior to the application or lost employer- sponsored health insurance or exhausted a lifetime benefit of health insurance. There -- premium attached to the medical 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 assistance for a relative caregiver whose income is over a hundred and fifty percent of federal poverty level. Premium increase as a family income increases, up to those of an income of four hundred percent of federal poverty level. Eligibility under this program shall be reviewed annually. The total of forty-three million of GRF is appropriated for FY’08 from the Department of Health {sic} and Family Services to expand this FamilyCare program. Also in this program is the Breast and Cervical Cancer Screening Program. It’s being expanded to allow all uninsured women residing in Illinois who are diagnosed with cancer as a result of screening to be eligible for medical benefits under the medical assistance program. Newly eligible people under this expanded -- expansion is expected to be estimated at two hundred and sixty-one thousand individuals. A total of ten million dollars in GRF is appropriated for FY’08 for the expansion of the Breast and Cervical Cancer Program. Four million of GRF is out of HFS and six million GRF will go to DPH to diagnose -- the cost of screening for uninsured women. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Is there any discussion? Senator Syverson, are you seeking recognition on this bill, sir?
Thank you, Mr. President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator, you had mentioned that the -- the cost for this -- 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 for FY’08 was forty-three million. I guess two questions on this, Senator. One is, where are we going to come up with the forty-three million this year? And then what is the annualized cost when this program is fully implemented? What will it be next year? And, again, is there a revenue stream to cover for that?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Well, to answer your question of the first portion, for the FamilyCare expansion, it’s forty-three million dollars and it’s another seventeen million for the Breast and Cervical Cancer Program expansion. And that would be coming out of the transfers and the supplemental budget that we passed out of committee yesterday and that Senator Trotter will be moving after this bill. And that will be paying for it this year. And in the next year’s budget, it will be like any other thing that we will do. We will look at the -- the program. We will look at it in the budget process. We will prioritize the program. We will see where we could fit it into the budget and we will then pass it.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson.
Are -- are any of these funds matchable? It being a Medicaid program, does this -- does this receive the federal match?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link. 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
Portions of this program, yes, are matched with federal grants and some of it are not.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson.
Can you tell me which -- what portion qualifies for the federal match?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Up to two hundred percent of poverty level are matched by the federal grant. Those over the two hundred percent are not.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson.
I don’t think the feds have approved yet. Isn’t a hundred eighty-five is what it’s at? The feds have approved so far. I don’t think there’s any approval above one-eighty-five. Maybe your staff can correct that.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
We had the Department in there yesterday, in the hearing, and the Department stated it was two hundred percent. So, the Department stated in their testimony at two hundred percent.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson.
57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Then, I guess, back just to the philosophical issue. It’s awfully difficult for us to tell families back home that are struggling, that cannot see providers, that cannot get care, that we can’t pay our hospitals, we can’t pay our doctors, and, yet, now we’re going to crowd out the low-income people to expand the program to those of higher means. I think this is being unfair to those who are struggling the most, that -- that today cannot even get into see doctors because of the inability to pay these bills. And if there’s a new creative way that you have that you’ve come up with to pay for this program, wouldn’t it be great if we could take that money and just pay some of the current Medicaid bills that are out there now before we go out and expand the program. You know, we sat in Appropriations this morning and we heard Member after Member talking about how higher education was such a priority and that we had to find funds for higher education and now here we find some money and what we do, we -- we expand a program, as opposed to take caring -- take care of current bills. The final question, I guess, is, do you think it’s appropriate for us to be funding a program that will be a couple hundred million or more next year at a time when we are not paying current Medicaid providers, either at -- at the rates that they deserve or the rates at all, at this point, when we are months behind? Is this really the best use of that money or do you believe we should be paying the old bills first?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Senator, like I said earlier in my statement, we will be 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 prioritizing bills in the budget. When we look at this program, we will see the prioritizing of the importance of this program. We will be looking at the entire budget. Your input with your budget people, as the input with our budget people. We will sit down, see the importance of it, how we can fund this and how we can do this. And at that time, we will then determine of how we will fund this and if we should fund it for next year.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Lauzen.
Thank you, Mr. President. Just two questions. Senator Link, did -- did you just mention, if we fund it next year, you know, if everything fits together in the budget negotiations? Is there a question that we would start it in this year and not fund it possibly next year?
PRESIDING OFFICER: (SENATOR DeLEO) …Link.
Senator, we -- we and you and all of us in this Chamber have passed pieces of legislation that have had costs to -- related to ‘em - programs. And these programs may have been funded for one year, they may have been funded for two years, and they have not made the funding cut after so many years and we’ve taken ‘em out of a budget program. We have no guarantee when we put a program into existence that it’s going to last forever. So I don’t want to stand up here and say to you that we’re putting in a program. I’m telling you the amount for FY’08 of this program. I’m not going to stand up here without having facts, figures and numbers for next year, which we don’t 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 have, because we haven’t instituted the program, so we cannot figure out those numbers. It would be unfair to me. It would be unfair to you for me to stand up here and say numbers, which none of us know. The Department doesn’t know. So how can I tell numbers until we know them? And you, as an expert in numbers, that it would be unjust to say that. So I don’t want to say we’re going to definitely do something until we know those numbers. And I think it’s -- anytime we do programs, if we find out a program is unaffordable or we can’t do it, we don’t fund it the following year. So we’ll look at this program when we’re doing the next budget cycle, which we are in the process. And when this program is up and running, right away, then we’ll know how much it’s going to cost us.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion, Senator Lauzen?
The second question that I would have is, is there any citizenship requirement in the bill that you’re passing?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
There is no difference in the expansion of what we’re doing than in what is in the present law right now.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.
I’m sorry, if I were more expert in this area, I might know all those provisions, but I don’t. Could you let the -- all of the rest of us know what you know, which is, is there a 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 citizenship requirement in order to get these benefits - an American citizen?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
We -- we are just checking here. Neither one -- we are not positively sure of the requirements in the existing law right now. I will be more than happy to check that out and get that back to you, but I am not totally sure of the hundred percent requirement. But it is, like I say, in the expansion, it’s no different than the existing law right now.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Lauzen.
Just a comment. I don’t know how we can estimate the costs without knowing the answer to that question. I -- I personally feel - I believe that the great majority of my constituents back home would feel - that before we expand a program, we ought to fulfill the existing responsibilities and obligations that we’ve already made commitments for. I see no way that this is fiscally responsible - to increase a -- to expand a program when we’re having so much trouble making -- paying our existing bills.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Righter. Senator Righter. Senator Righter in the Chamber?
I -- I am, Mr. President. Thank you. To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 The bill, sir.
Thank you. Ladies and Gentlemen of the Senate, there isn’t anyone in this Chamber who doesn’t want individuals to have access to preventative health care. But our Medicaid program has become such that there is a wide and widening gap between having a Medicaid card in your hand and having access to preventative health care. Every time we pile on a new expansion of the program without more definite words or a definite plan than “well, we’ll work through it and we’ll have to set priorities” and that, every time we do that, that gap gets wider, because fewer and fewer providers are willing to take -- new Medicaid patients, because fewer and fewer providers are willing to carry the burden that the State is placing on them. The Governor’s own budget book from last year said that in fiscal year 2008, this State would have seventy-one thousand Medicaid providers taking care of our Medicaid patients. This year’s budget book places that estimate at sixty thousand. That’s eleven thousand fewer. So, for those who believe that we really don’t have any problems in the Medicaid program, that we just keep expanding it and everything’s fine, that’s simply not true. If you continue to grow on this hand the number of people who have a Medicaid card and continue to shrink on this side the number of people who are willing to pay -- care for those people, that’s the access gap that widens. Everyone in this Chamber has been contacted by a Medicaid provider, whether it’s a pharmacist or a nursing home or a hospital or some other provider, who we’ve made a promise to and said we’ll pay you to take care of citizens that we think deserve public assistance, 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 and said you are placing us on the edge of fiscal bankruptcy. There is no plan to pay for this bill for fiscal year 2009. Another three hundred million dollars, which means the payment cycle that the people who are calling you and complaining about is going to get longer and longer. And in the end, the people who really pay the price for that are the people who need this program the worst. Please vote No. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Our last speaker seeking recognition before Senator Link to close, Leader Watson.
Yes, thank you very much, Mr. President. I -- Senator Link, I was, several months ago, listening to a call-in radio program in St. Louis, At Your Service, and -- and they had someone on from the Department there -- excuse me, who was answering questions about the program. And a question came in, a caller called and said, “I live in -- somewhere in West County of St. Louis. I have an uninsured child that I can’t get insurance for. I work at Emerson Electric. If I move to Illinois, will I be eligible for this program?” In other words, is there any length of residency requirement that people would be eligible for this before it’s made available to them?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
I indicate here in this that you have to have at least twelve months of uninsured, so I think, in that question, it would have to be a resident of Illinois for a period of at least a year, would be my interpretation. 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
I don’t believe that was a accurate response. I’ve -- the -- the individual from the agency said that, yes, they would be eligible. The child would be eligible immediately for the program. I -- I would appreciate it if you would just clarify that one more time.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
I want to -- Senator Watson, I’d like to ask you back a question. Are you talking about the children or the parents?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
Would they be eligible for the program?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Well…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
As -- as I asked, the children or the parents, Senator Watson? Who -- who are you asking about would be eligible in that -- in that incident that you are asking about? Were you asking, are the children going to be immediately eligible or are the parents and the children going to be immediately? And 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 that’s all, I’m asking for that clarification.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
Why don’t you just answer your own question? Who is it? Are -- both of ‘em. Just answer. Are they -- who is eligible? Is it going to be just the children or is it just -- you tell me.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
The interpretation that we are getting is that -- we are talking about the FamilyCare expansion that -- and that -- why I’m answering it the way I am - and I am not going to argue with the Department; because you got the answer from the Department, I didn’t - we’re getting the interpretation of the law the way we read it. And the fact is, is that we are talking that it’s the family and if -- the parents are -- would be eligible after the twelve-month period. That’s the interpretation that we have.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
I mean, the resident has to live here twelve months or do they have to be uninsured for twelve months?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link.
Uninsured for twelve months. 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
I’m -- that -- I guess we’ll just have to live with that. I -- I don’t think that’s a accurate statement, I don’t believe. And it would concern me that -- that we could ultimately -- and I feel bad for the -- the gentleman from Missouri and his family, but does -- should the Illinois taxpayers be responsible for everyone who has a child or an individual in a family who’s uninsured? Should we become a -- I don’t want to call it a dumping ground, that’s not a good term. Do we want to create incentives for people to bring individuals who are uninsured to this State because we’ll have a program that maybe no other state has? I don’t think that that’s something that we want to do. I don’t think it’s fair for the taxpayers of Illinois. We need to be taking care of the people here first. The -- in -- in committee, too, the Senator mentioned about the -- and -- the four hundred percent of the poverty level, being eligible. And just put that into perspective. People want to know, what is that? What does that mean? Well, in a family of four, if you’re making eighty-five thousand dollars, you’re eligible for this program. Now, I -- granted, there’s some buy-in where -- co-pays and those types of things, but you’re eligible. And the point of it all is, is we’re not paying -- this -- this is a Medicaid program and under the Medicaid system and they’re not paying their bills now. To me, that’s a huge problem. And I also think, when someone’s making eighty-five thousand dollars a year, family of four, don’t we -- don’t they have some personal responsibilities to take care of themselves and provide for 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 their family? Does the government have to do everything for them? I understand why this is a program for those in need. It’s a wonderful program, the Medicaid program, for people who are in need. But I don’t think somebody making eighty-five thousand dollars is necessarily someone in need. I just don’t - - have a problem with that, a philosophical problem. Another issue: We’ve had -- individuals from the Soil and Water Conservation Districts came to Springfield today. They’ve been in the Capitol. They’ve visited with many of us, talking about the fact that, their particular program, we appropriated the money - we’ve already did that in last year’s budget - but it’s not been spent -- it’s not been allocated by the Governor’s Office. And here we are, now, spending another forty- three/forty-five million dollars in this fiscal year - in this fiscal year - when we’ve already -- admittedly can’t afford what we’re doing now. This is not good fiscal policy. Another issue I think that you need to understand is, what does this do to access? We all want quality care. We all want access. Well, what we’ve seen recently, as of yesterday, is the St. Francis Hospital & Health Center in south suburban Cook County is going to close. They’re going to close. And why are they closing? Here’s a quote from Sister Jean Ryan of SSM. She’s the CEO of SSM Health Care systems. They’re located in St. Louis. They have about four hospitals in Illinois. They have hospitals in other states throughout the Midwest. As a system, we cannot carry hospitals that are experiencing -- these experiencing times. However, we cannot sustain these kinds of losses over an indefinite period of time. What kind of losses are we talking about? Forty million since 2002. She also goes on to say, the 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 hospital losses have resulted mainly from treating a growing number of uninsured and low-paying Medicaid patients, which is - - that’s what this -- these people are going to be enrolled in, is the Medicaid program. It’s low-paying. They’re not -- we’re not paying our bills now. Those of us that are providers, pharmacists, doctors, nursing homes, hospitals aren’t getting paid. I had a gentleman call me this morning from Senator Haine’s district who’s not getting paid. He’s a contractor, does work for the State. We have become a -- a -- a debtor State. It’s unbelievable, a deadbeat State. That’s exactly what we’ve become when we’re not paying our bills, our obligations to the people that actually live here and work for us and provide services for the people of this great State, and we’re not paying ‘em. It’s outrageous and now we’re going to go and create a whole new element of a new program here and spend millions and millions of more money. It just doesn’t make sense, Mr. President. And back to St. Francis for a moment. Right now, St. Francis Hospital is currently owed seven million dollars by the Department of Public Aid - seven million dollars. Can you imagine the cash -- and these -- this is a safety net hospital. And what’s a safety net hospital? They provide services to the poorest of the poor. They’re closing their doors, and they point their finger at the Medicaid program. This doesn’t make any sense. Let’s let the system do what it was intended to do - take care of those who are in need. And there are people in need who deserve to have this program, Mr. President. But let’s let some personal responsibility of the individual and families to take care of themselves versus the government providing everything to -- all of us. Not right, not 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 a good direction of -- of State government funds or public policy, and I would respectfully request a No vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Link, to close, sir.
Thank you, Mr. President. Obviously, there’s a difference of opinion on this, but there’s a difference of opinion nationally. Couple facts before I get into real closing. Kaiser Family Foundation - a respected foundation - October 10th, 2007 -- statement in there, forty-two states expected to expand coverage in uninsured by next year. I guess we’re not the only ones considering it. It’s been referred to in the headlines, “Hospital Closing”. No doubt about it, one’s closing, and it’s a shame that that hospital’s closing. And it was stated because of forty million dollars that it was owed, and it said seven million dollars in Medicare. My math might not be great, but that leaves about thirty-three million dollars from somewhere else. What’s that thirty-three million dollars? Uninsured people coming to the hospital and not paying because they don’t have the money. You know what else? If you read this story, eight miles away a hospital that is expanding. You know why it’s expanding? Because it doesn’t have uninsured people going to that hospital. So it has money, so it can expand. It didn’t have the uninsured people going there. I had it in my area. I saw hospitals expanding in my area, but I saw other hospitals close or close part of their hospital because of uninsured people coming in there. Maybe we don’t realize it, but the law of the State of Illinois and other states is, you must accept everybody that walks through that door. You cannot 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 turn ‘em away. So you can’t judge a person and say, “Do you have insurance? If you don’t have it, we don’t have to accept you.” No, you have to accept ‘em no matter what. Insurance or no insurance, you have to accept ‘em. Well, we’re trying to do something about this. And when you’re talking about, well, government doing something for people that can’t do -- should be doing it for themselves. Well, take twelve thousand dollars - and I’m just taking a rough figure of a thousand dollars a month, which is pretty cheap these days for health insurance - and take that away from a salary and take that a month, a thousand dollars a month. You take that off of the top. That’s not off of the -- that’s off of the -- net, not off of the gross. Take that away from ‘em. Then you take other fees away from ‘em. It’s not leaving a lot for that family of four to operate on. So, all this, between taxes and everything else, they don’t have a lot of money to operate on, a family of four. So it’s not like government is really helping out the rich, which I know there’s been a lot of help on that side for the rich through the years, because I’ve served a lot of years down here and I saw the rich getting taken care of. We’re trying to help people that need insurance, and if you don’t think we’re paying for it right now - for the uninsured - you are. You’re paying it in premiums in your own. This is something that we have to do. Every Presidential candidate, Republican and Democrat, are talking some form of health care. It’s time we do something. We cannot wait for the federal government to keep talking and saying they’re going to do something. We must do something. This is a pared-down, small program and it’s going to help the citizens that need the help. There’ll be over a 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 quarter of a million women that will help -- get help in breast and cervical cancer, that we need to help. You go and tell them that we figured, don’t worry, we can’t help you, a few dollars is too much for us to spend on you. Tell them that we don’t want to -- we don’t care about them. I want you to look them in the eyes when their families come to you, and say we can’t waste taxpayer dollars on you. Well, I’m not going to look ‘em in the eye and say that. I want to help ‘em and I think everybody in this room who says they want to help ‘em, but we -- we just can’t today. This is a time that there should be every green light in this place to do something for it. I ask, Mr. President, for a affirmative vote and I think it should be all green lights. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 315 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 37 Ayes, 21 Nays, 0 voting Present. House Bill 315, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen, continuing on House Bills 3rd Reading, we will have House Bill 473. Senator Trotter. Senator Don Trotter, on House Bill 473. And I believe Senator Trotter is seeking leave of the Body to return House Bill 473 back to the Order of 2nd Reading for the purposes of an amendment. Is that correct, Senator Trotter? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 473. Madam Secretary, has there been any amendments 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Trotter, to explain Floor Amendment No. 2, sir.
If I could, sir, I have actually two more amendments that I would like to adopt. Floor Amendment No. 2 actually becomes the bill with the other two amendments.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Senator Trotter moves the adoption of Floor Amendment No. 2 to House Bill 473. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Senator Dillard, for what purpose you seek recognition, sir?
Yes, Mr. President. We -- we would like to have had a electronic roll call on Amendment No. 2, please.
PRESIDING OFFICER: (SENATOR DeLEO) I am sorry, our -- we already adopted the amendment. We can -- if you’d like to renew your request for Amendments No. 3 and 4, but the amendment -- Amendment No. 2 has been adopted, sir. Senator Dillard.
Thank you, Mr. President. I just want you to know I had my light on the entire time that…
PRESIDING OFFICER: (SENATOR DeLEO) 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 And I truly apologize. I did not see it until you made some reference that you were in the room and I apologize for that. But the -- Amendment No. 2 has been adopted, and if you’d like to have the request of the -- of further amendments for electronic roll call, that request is certainly in order, sir. Senator Watson. Senator Watson.
Amendment No. 2. We’re still on recall. We’re…
PRESIDING OFFICER: (SENATOR DeLEO) The amendment has been adopted, sir.
Let’s don’t start this, Mr. President. Senator Dillard had his light on seeking recognition. Had his hand in the air, as a matter of fact - I looked over there - trying to get your attention. Let’s just don’t go down this path. All you need to do is go back…
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Madam Secretary, Senator Trotter moves the adoption of House {sic} Amendment No. 2. All those in favor will vote Aye. All those opposed will vote Nay. Madam Secretary, all those in favor -- the question is, shall Floor Amendment No. 2 be adopted. All those in favor will vote Aye. All those opposed will vote Nay. …is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. There are 35 Ayes, 21 Nays, 1 voting Present. Floor Amendment No. 2 is adopted. And are there any further amendments -- further Floor amendments approved for consideration, Madam Secretary?
73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Yes. Floor Amendment No. 3, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, on Floor Amendment No. 3, sir.
Floor Amendment No. 3, essentially, are -- are some requests that were made by Members. I would like to go ahead and adopt the amendment back to No. 2, ‘cause the -- the entire bill will be in Amendment No. 2.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Dillard, are you renewing your request for a roll call on this amendment also, sir? Okay. Ladies and Gentlemen, Senator Trotter moves the adoption of Floor Amendment No. 3 to - - House Bill 473. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 3 is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
Yes. Floor Amendment No. 4, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Trotter, on Floor Amendment No. 4, sir.
The same as 3. These are some requests that were made by the Members and I would like to have it adopted back to Amendment No. 2, which is the complete bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter moves the adoption of Floor Amendment No. 4 to House Bill 473. Senator Dillard, do you renew your request, sir? All those in favor, say Aye. All those opposed will say Nay. The Ayes have it, and the amendment’s adopted. Madam 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) …you, Madam Secretary. 3rd Reading. On the Order of 3rd Reading is House Bill 473. Senator Trotter, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.
House Bill 473. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Trotter, to the bill, sir.
Thank you very much. House Bill 473, as amended, gives the Governor authority through -- June 30th, 2008, to transfer from General -- to General Revenue funds a total of five hundred and thirty million dollars from funds, with the exception of the -- OSLAD Fund, the Road Fund, the Metabolic Screening and Treatment Fund, the Illinois Veterans’ Home {sic} Fund, Illinois Veterans Assistance Fund, the LaSalle Veterans Home Fund, the Anna Veterans Home Fund, the GI Education Fund, the Quincy Veterans Home Fund, the Illinois Military Relief -- Family Relief Fund, the Veterans’ Affairs Federal Projects Fund, the Manteno Veterans Home Fund, Veterans’ Affairs Library Grant Fund, Veterans’ Affairs State Projects Fund, Military Affairs Trust Fund, Federal Support Agreement Revolving Fund, and the Illinois 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Veterans’ Rehabilitation Fund. It allows and it caps the amount of funds that can be transferred at five hundred and thirty million dollars. It also has in there a caveat that says that if any fund becomes insufficient to fulfill its determined appropriations, the Governor may reverse any transfers made back into that fund. And, again, there’s a sunset on this for June 30th, 2008.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Trotter. Is there any discussion? Is there any discussion? Seeing no -- Senator Radogno, for what purpose do you seek recognition, ma’am?
Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, ma’am.
Well, first of all, come out -- we do appreciate your taking into account some of the concerns that were expressed yesterday in committee. We obviously didn’t have a long time to review the bill yesterday, so I have a few additional funds that I want to ask you about. In the last bill, we expanded the Governor’s Breast and Cervical Cancer Program. Is the Breast and Cervical Cancer Fund excluded from sweeps?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
It’s not specifically exempt from sweeps.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno. 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
What about the Food and Drug Safety Fund and the Spinal Cord Injury Fund?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
The only transfers that are exempt are the ones I just read to you.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno.
Well -- well then I guess I’d like to make the Body aware of some others that are not excluded: the Alzheimer’s Disease Fund; the Youth Alcohol and Substance Abuse Fund; the Illinois School Asbestos Abatement Fund; the Teacher Health Insurance Fund; Ticket for the Cure, which I believe was an initiative from you folks over there; the Nursing Dedicated Fund, which means that, you know, people that pay license -- pay for their fees to regulate that profession stand to have that fund swept; the Illinois Brain Tumor Research Fund; the Hospital Provider Fund; and the Sex Offender Registration Fund. So while we still, you know, we took a step to limit the Governor’s authority, this is a departure from past practice when the General Assembly has authorized fund sweeps before, where we actually identified the funds that we felt could be swept. That is not what we’re doing now. You did respond to some concerns, but I think we’re giving the Governor entirely too much latitude to go down this road. We’re also opening ourselves up to additional lawsuits. Many of these funds are funds that are -- 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 the money comes into ‘em from fees that people pay in for specific reasons, and when -- those are used for general purposes, they’re essentially attacks on one group of people. So -- we’ve already had lawsuits. We’re inviting more. I think this is -- again, we should go -- if we’re -- if we’re going to go down this road - and -- and we can have that debate as to whether or not this is a legitimate way to manage an emergency situation. I think you’ll find it’s not, because what we’re doing is, again, just -- it’s supporting general -- general increased spending. But if we were to go down that road, we ought to, as we have before, specifically and clearly identify where the Governor is authorized to take funds from. So, I will urge a No vote on this.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator John Jones.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator Trotter, just -- just a couple of quick questions here. And I have the greatest respect for you and -- and the job that you do in Appropriations and all, but I -- I have a constituent in my district who cleans up underground storage tanks, the gas tanks at -- at existing service stations and convenience stores and abandoned ones. There’s an Underground Storage Tank Fund that he is paid out of. When I met with him a couple of weeks ago, he asked me if I could see if we could get some money released to him to pay his bills, a little contractor 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 that has about twenty employees. We owe him sixteen million dollars. And this is a small contractor with about twenty employees. Now, he pays his income tax on the accrued basis, so he has actually had to go to the bank and borrow a little over a million dollars in the last week to pay his income tax, because the State of Illinois owes him sixteen million dollars of funds that he has coming. Does this sweep the Underground Storage Tank Fund?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
No. And -- and if I could, sort of tie in what you’re asking and -- and also what Senator Radogno asked. There are over four hundred funds that we have. In those funds, there’s 3.2 billion dollars. This isn’t an -- an act that we should take lightly and we have not. In the past five years, we have taken 1.6 billion dollars out of these funds. So, many of the funds that are now being talked about have never been transferred. There’s not reason to believe that they will be -- the dollars will be transferred out of them now. We do not need but five hundred and thirty million dollars out of this 3.2 billion funds.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jones, for further discussion.
Thank you, Mr. President. Just -- just one quick response really, instead of a question. But, you know, I -- I know for a fact that the -- this fund has already been swept of over fifty million dollars. There’s probably not enough in there right now 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 to pay this one contractor. And then we’re just talking about one contractor in the State of Illinois. It goes back to the previous bill. This bill does -- it does the same thing. We’re -- we’re doing things and we’re not out there trying to pay -- pay the providers that we owe right now. I know there may be some funds out there that we -- we haven’t used in a long time and maybe we use very little of ‘em. But funds such as the Underground Storage Tank Fund and many others, we do have an obligation there and it’s an obligation that we cannot meet with the -- with the money that’s going in there. So, thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Risinger, for what purpose do you rise, sir?
Thank you, Mr. President. To the bill: You know, I -- I heard what the sponsor said about the many funds and how we’re not going to sweep all the funds and some of ‘em haven’t been swept. But one of them that has been swept and was very -- I got hundreds of letters about it, was the Retired Teachers’ Health Fund. And I notice that it -- it -- it wasn’t exempted or -- and it’s out there and I’m sure that it’s going to make a lot of people nervous about these funds and whether these -- the moneys are going to be swept from them or not. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator Trotter, I appreciate the fact that the Road Fund has been exempted, because the -- the roads are near and dear to 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 me and the breakup’s going to be great this spring whenever the -- the fall -- the thaw is done. But it’s interesting that the Road Fund was exempted. But I don’t see where the State Construction Fund was exempted, and this Body, many years back, in its wisdom, decided that they would create the Construction Fund for road construction so that it wouldn’t be diverted and used for something else. And, I mean, it’s kind of curious about why we would exempt the Road Fund and not exempt the State Construction Fund where motor fuel tax goes into. Can you answer that question?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
Yes, I will answer the question. Actually I’m trying to look for the fund now. I don’t think it’s ever been swept. I think it falls in that category. But we all share your concern for roads. What these transfers will do, will actually give another twenty million dollars right now to address some of our pothole needs, because of the horrendous winter that we had. So there are purposes, real purposes, that we need these dollars for. We’re -- we’re trying to deal with our deficit, three hundred and ninety-five million dollars. We’re certainly going to take the sixty-eight million dollars to pay for those health care expansions that are certainly needed by our citizens. And we believe that this is the only way at this time. There are no loophole closures. We’re talking about how we’re going to address our deficit. Well, we’re addressing our deficit by making some of these needed transfers out of these funds that are basically sitting there and being stagnant. 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger.
Well, Senator Trotter, that’s good, except that -- you know, I’m just curious. You exempted the Road Fund, but the motor fuel tax goes into the Motor Fuel Tax Fund first before it’s distributed. That Fund could be swept. There’s a lot of places where road funds could be swept. The Toll Road Fund, for example, is not in here also. And the toll road affects an -- an awful lot of people. They have the same kind of issues that the downstate roads have. I’m just curious about why we specifically spelled out a few funds and didn’t target ones that -- I mean, there’s a way to get around what -- what -- what you even have exempted.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
Out of the multitude of funds, I mean, we all can -- every Member here, all fifty-nine of us, can pick five or six funds that’d be near and dear to us. And we do that, then we won’t have a list. These are -- there are some funds that we collectively feel it’s totally inappropriate to take from. That list is reflected by the ones that I read off to you and that we in the past have agreed upon that they were basically sacred to each and every one of us.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger.
I’ll ask one last question, Mr. President, or one last 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 comment. Would -- would you, for legislative intent, then say that it is not the intent for the Governor to sweep any of the road funds in order to -- to come up with the five hundred and thirty million dollars?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
I can say that on the record as for -- for my personal belief, that he should not sweep any of those. Again, we’re giving him discretion to sweep funds. I don’t believe he will do that. There’s not a -- the history of it. We have done it back in ’03, even in ’04. But since that time, none of those funds have been swept. And out of those, each years, respective years, in ’03, we swept a hundred and sixty-five million dollars; ’04, four hundred and twenty-eight million dollars; ’05, four hundred and sixty-eight million dollars, almost the same that we’re transferring now; ’06, two hundred and sixty- nine; and ’07, two hundred and eighty-six million dollars. And, again, in looking at the funds that have been transferred in the past, they do -- many of ‘em that you are saying that should be on our specified exemption list have never been swept.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Majority Leader Halvorson.
Thank you, Mr. President. I just want to make a few points here. First of all, we have a deficit. It needs to be closed. I haven’t heard anybody over there come up with any ideas of revenue. The Governor proposed a massive loophole closing bill. We weren’t for that. There’s been many, many things proposed. 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 Nobody can agree with anything. There are six hundred and fifty funds. They all have money in them. Nobody is going without anything. And I know in committee yesterday when -- I made the analyzation that it’s like we have twenty -- six hundred and fifty little checkbooks out there. The one you use to write your bills is empty. So, why let these billions of dollars just sit there when we can use them to pay some bills? Because nobody can come up with a revenue idea that can pass. Now, it’s been said that that’s not our money. Maybe we should get rid of all these funds, because then the only problem is nobody over there would have anything to argue about. You knew that there was going to be a proposal to close -- transfer funds out of these -- funds yesterday. Nobody came to me or anybody over here with some ideas or lists of what you didn’t want to be swept or transferred. Nobody said anything, but it’s great now. We have it in an amendment, but now you can complain. All I’m saying here is maybe we should just get rid of them all. And if you ask any of those six hundred and fifty people that have funds if they’d like their fund to be gotten rid of or would they like some money transferred out, I will guarantee you nobody wants their fund eliminated, but maybe that’s what we should do. So let’s keep this all in perspective: We have a deficit. We have to find a way to fund it. And if anybody has any ideas for income for revenue, pass ‘em on over.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Brady, are you seeking recognition, sir?
I am. To the bill. 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Ladies and Gentlemen, let’s get real. No one wants their funds closed. They just want the money used for what it’s there for - to operate their services. And, frankly, they’d like their fees reduced, as they should be under the Constitution. This is unconstitutional. And the truth of the matter is, the Governor knows it. He has struck deals with certain funds that he won’t touch ‘em, because he knows it’s illegal. And there are funds that you didn’t mention that you know doggone good and well, and the Governor and the Attorney General have an agreement, that they won’t touch those funds. Everyone’s going to have to go into court now and file a lawsuit because of your greedy little hands can’t keep off of spending money. Senator Halvorson, what’s the next bill? You talk about balancing the budget. You don’t balance the budget by increasing Medicaid to support out-of-state residents - three hundred million dollars. And you don’t balance the budget by a supplemental appropriation that you’ve got coming up next. Quit glossing over it. Ideologically, you are tax and spend, so is the Governor. We are not. That’s the truth and we’ll stand by the facts.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Our last person seeking recognition to speak is Leader Watson and then Senator Trotter to close, sir. Leader Watson.
Thank -- thank you, Mr. President. Senator Trotter, what’s the reaction of the Speaker of the House and what they might do 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 with this bill once it arrives if that’s -- if that’d be the case?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
I -- I haven’t spoken to the Speaker.
PRESIDING OFFICER: (SENATOR DeLEO) Leader Watson.
…have no -- you have no idea what they might do with this bill if it passes?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
I would think he would pass it. I -- since we’ve started the budget process for ‘09, in the meetings that I’ve attended with his budgeteer and with the staff, they have said repeatedly that we cannot go forward to ‘09 until we took care of ‘08’s business. And part of that business is he wanted to ensure that he got his Member-initiative dollars back. We’ve done that. We’ve put fifty-three million dollars in there so he can become whole again. So with that being the case, I would think that he would be for this bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
I guess since you brought it up, I -- do all -- are all caucuses now participating in this wonderful Member-initiative fifty million, whatever it might be? Are all caucuses 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 participating?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
No.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
Well, now, who isn’t?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
It’s my understanding that the Senate Republicans have not received an allocation for many reasons. Senate -- Senate Republicans have always characterized what we hold as Member- initiative dollars, which go to pay for viable programs in our communities, as pork. So, not to add to your -- or any hypocrisy, then we don’t want to give you pork money. So you don’t have to write out your news releases and -- trying to defend that.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
I don’t disagree with what the gentleman just said. I -- a lot of the Member initiatives are good projects. There’s no doubt about that. We contact our local communities. We work with them. We know what their needs are and we try to provide for their needs. I don’t disagree with what he just said. I don’t at all. So, the whole point of it, I guess, what I meant 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 by this, is just the equity and the respect, or lack of, that maybe is being directed at one particular caucus. And I think that’s something that we should all be working towards, is working together, and that’s one of the reasons this is happening right now. You haven’t talked to the Speaker of the House. You have no idea what -- what their intentions might be. Where nobody’s communicating. Nobody’s talking. Nobody respects. That’s a big -- big problem right here, right now. We want to be part of the solution. We have said that from the very, very beginning. This caucus wants to be part of solving the problem. And I heard a speaker this morning talk about how we’ve done this in the past with these dedicated funds. And we have done this in the past. We did it when we worked together. And everybody sat down. We recognized what funds could be swept and maybe would not have the repercussions that we’re about to see if this bill becomes law. We sat down; we identified the fund. We said we’ll put this amount of money, we’ll take that out, and we moved along our way. Nowhere did we ever do five hundred and thirty million dollars. This is unprecedented. And who do we give the authority to when we don’t have the courage, and I mean that, the courage to identify where these funds should come from? We give it to the responsibility of the Governor’s Office on the second floor, which I would say if we went around here and privately asked each one you, not very many -- many of you would say that you trust -- that you trust this administration. I have a feeling there’ll be an awful lot of us who feel -- and there’s good reason because there’s a track record of lack of trust with this administration. And we’re going to give him the authority to -- to go in there and take 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 five hundred and thirty million dollars out of whatever funds that are available? And Senator Jones made an excellent point. For every gallon of gasoline that we buy in this State, a cent and a half goes into the Leaking Underground Storage Tank Fund that was put there for a purpose, for environmental cleanup. And I would suggest that most everyone has some -- a filling station, gas station, somewhere in your district where you’ve taken advantage or your constituencies have taken advantage of this Fund, because it’s an excellent program. It’s environmental cleanup. I’ve got a guy in my district who no longer does this type of business, no longer provides a bid, no longer helps provide the service. And why? Because he’s not getting paid. He doesn’t get paid. And we go on and on and on and expand program after program and now we’re going to spend more money in the next bill, the money that we don’t have. It doesn’t make any sense. And some people have the audacity - I heard this yesterday - the audacity to say that this is surplus money. That somehow these dedicated funds -- each one of these funds was set up for a particular purpose and the good people of this State pay in to that fund. And they -- they expect a service in return. That’s the way it works. And somebody said, “Oh, this is all surplus money.” This is not surplus money. Fifty million dollars has been taken out -- swept over the years out of the LUST Fund, the Leaking Underground Storage Tank - fifty million dollars. Somebody doesn’t get paid, services don’t get provided because of that. This is not a good idea. Let’s sit down and work together for a change and let’s all work together. Let’s get the four caucuses and let’s talk, communicate, and say, how do we solve the issue of ’08? And I’m 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 willing to work with you and I think this side of the aisle, all of us would be willing to work, because we understand there’s a problem in this State and it’s fiscal irresponsibility. The previous bill and the next bill - total fiscal irresponsibility. That’s why we’re in this mess. This is not the solution, Senator Trotter, and I, too, hold you in high regard and always have. You’ve been good for us and you’ve been good for the people of this State, but this unfortunately, Senator, is not.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, to close, sir.
Thank you very much. Thank you very much, Leader Watson, for your kind remarks, and -- and out of -- out of all respect, the fifty million dollars, when we were talking about the Member-initiative dollars, in a sense they asked for it. That’s what they said they wanted in our budgeteer meetings. They got it. There was never a request from your side to be put into the bill. So that’s the answer to that. So if you don’t ask for it -- you said there’s no discussions. I mean, you’re right here with the President. That certainly could have been part of those discussions. On the LUST Fund, we all know the -- the importance of the LUST Fund, cleaning up those old sites, those old gasoline stations and that deal. We tried to address that. We did address that in our capital bill. It stalled over there. We have made the LUST Fund whole. So it’s not that we’re not doing our job. We certainly are. We just need a little more cooperation. Hopefully, this bill will generate that -- cooperation that we need to move forward. This is a necessary bill. We do have a deficit. We do have -- not a surplus of 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 moneys, we won’t -- whatever we want to call it, but we have a - - many small piggy banks and the sky is falling. So it -- so it would be irresponsible on our part not to use those reserves, those piggy banks, or that surplus, when the sky is falling, when we do have humungous needs here in the State of Illinois. We’re not supposed to stop doing business because we have hit a little bump in the road. This corrects some of the things that we should have been doing and it certainly expands on some programs that we need to be doing today. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Okay, Ladies and Gentlemen, the question is, shall House Bill 473 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 37 Ayes, 21 Nays, 0 voting Present. House Bill 473, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 824. Senator Don Harmon. Do you wish to proceed, sir? Senator Harmon. Out of the record. Senator -- Senator Martinez, on House Bill 1334, ma’am. Out of the record. Senator Hendon. Senator Hendon, on House Bill 2482, sir. Out of the record. Senator Trotter. Senator Trotter, on House Bill 3860. Madam Secretary, I believe Senator Trotter is seeking leave of the Body to return House Bill 3860 back to the Order of 2nd Reading for the purposes of amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 3860. Madam Secretary, has there 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 been any amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 2, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Trotter, on Floor Amendment No. 2, sir.
If I can, I -- I can read -- Floor Amendment No. 2 is the bill. So if we can move it to 3rd, I can explain it on 3rd.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. The gentleman requests -- Senator Trotter moves the adoption of Floor Amendment No. 2 to House Bill 3860. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 2 is adopted. Is there any further Floor amendments approved for consideration, Madam Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. …the Order of 3rd Reading is House Bill 3860. Senator Trotter, do you wish to proceed, sir? He wishes to proceed. Madam Secretary, read the gentleman’s bill.
House Bill 3860. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Trotter, to the bill, sir. 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
Thank -- thank you very much, Mr. President and Members of the Senate. House Bill 3860 is the supplemental request for ‘08. In the bill, we have fifty-three million three hundred and sixty-one thousand dollars, which will go for local project lines that were previously vetoed by the Governor; we have four hundred -- it does also four hundred and ninety-eight million dollars’ worth of reappropriations for capital projects in ‘07; has forty-three million dollars for the expansion of FamilyCare program; four million dollars -- ten million dollars for the Illinois Breast and Cervical Cancer Program; fifteen million for the ALL KIDS Bridge Program; a hundred twenty-five thousand for the -- the grant to the Latino Family Commission; five hundred thousand dollars for the Cook County Residential Treatment and Transition Center for Women; one million dollars for videotaping of their interrogations; four million dollars for energy efficiency measures; another twenty million dollars for costs associated with mitigation of winter road conditions and various other appropriations.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Radogno -- Radogno, I’m sorry. Radogno.
Radogno.
PRESIDING OFFICER: (SENATOR DeLEO) Radogno.
I’ve only been here twelve years. Yeah, it’s Italian. At any rate, I have a few questions on the bill. As I mentioned in 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 committee yesterday, supplementals typically have good things in them and things that concern us. This bill is no different. I think we’ve talked some about what the concerns are. They’ve been addressed as we’ve talked about the other two bills that preceded it. First of all, this initiates this massive expansion of the health care program, the Governor’s health care program, that will then put us on the hook for at least three hundred million dollars additional next year. We’re also concerned -- again, we’ve talked about Member initiatives. This does reinstate many of those that were vetoed. Just by way of information, you indicated that one -- that we did not ask for Member initiatives at the budget meetings. And you’re correct about that, because our approach, the Senate Republicans’ approach, was, in a time when we’re in a fiscal crunch, the better way to go about this is for everyone to cut back on Member initiatives, not add to them. So, that’s the reason we didn’t request them. We would have much preferred to see that money that was vetoed out stay vetoed out across the board and reduce some of the others. That would have begun to address our -- our situation. But speaking of our situation, this is a hundred and thirty million dollars that now we are spending in - - in General Revenue funds. And as you know, there’s a lot in - - about the payment cycle out there and how long our payment cycle is and how it’s affecting access to health care. And I just want to remind you, Senator Trotter, that when we passed the bill - the budget bill - last year, you said - when asked about what would happen to the payment cycle - you said that it would -- it will remain at fifty-seven days, which is what it was at the time. Well, the fact of the matter is, the payment 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 cycle right now is seventy days. It has not remained the same. It has gotten much worse. So, here we have a hundred and thirty million dollars in GRF, that if we wanted to begin to get things straight in this State, we could start paying down our Medicaid bills and we would draw a federal match. So that hundred and thirty that we are using for Member initiatives and for program expansion could turn into two hundred and sixty million and start to address the problem we have. But you are choosing not to go down that road. This whole program today is the absolute height of irresponsibility. And we have a seven-hundred-and- fifty-million-dollar problem in this year’s budget. So instead of trying to address that, we’re just spending more, doing half a billion dollars in fund sweeps, a hundred and thirty in -- in -- million in new spending and putting us on the hook for another three hundred million next year. What this is doing is setting us up for an inevitable tax increase. And you will wear the -- the collar for that. I mean, many of your Members have been clear - you think a tax increase is what we need. When we’ve talked about how we’re going to pay for the program next year, there’s no answer, we’ll figure it out. Well, I’ve heard Members say -- Democrats say they need a tax increase - that’s the way out of this. The problem is you can’t tax and spend your way to prosperity - can’t do it - especially not when gas is closing in on four dollars a gallon, especially when people are being foreclosed out of their homes, are losing their jobs and we’re officially in a recession. This is not the time to take the approach of just increasing spending and then taxing in order to support that. This is terrible, terrible fiscal policy. Democrats will wear the collar for this, and I 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 certainly urge everyone who cares about the future of this State to vote No.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Lauzen, you seeking recognition, sir?
Yes. Thank you very much, Mr. President. As the previous speaker just mentioned, we are not going to be paying down our bills. We’re going to -- and especially our Medicaid bills and the Medicaid bills that could be matched. We’re not going to do that, but let me give you just three examples of what we are going to do. Seventy-five thousand dollars of GRF in this bill is going to go to the South Shore Drill Team for their programs; twenty thousand dollars is going to the Town of Cicero for rodent abatement, that’s a -- that’s a State taxpayer responsibility for sure; and then sixty thousand dollars to the Chicago Park District for volleyball court improvements, so congratulations on that. I -- I just recommend a No vote.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Luechtefeld.
Thank you. Thank you, Mr. President. It -- to the bill: You know, I -- I suspect that most of the people on that side of the aisle, at least of a lot of them that I’ve talked to, one of the biggest things that come into my office is the State of Illinois owes me a certain amount of money, whether it be hospitals, nursing homes, and -- and, you know -- and they’re not getting paid. Their -- some of ‘em are not getting paid for six months. That is -- that is almost morally wrong to do that. 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 And -- and today, and -- and -- and I -- as I look over the votes - and there were thirty-seven votes on that -- on those bills so far - I’m saying, those people have to be getting some of the same calls I’m getting. And -- and I’m saying, how can they in good conscience - except for maybe an awful lot of pressure on them - how can they vote to increase the size of a government that is not paying its bills at all? And to me, it is the biggest problem we face right now. This State is going down the -- a road to almost total bankruptcy. We’re in worse shape than obviously many of you think we are. It -- it -- it is disgusting, what’s going on. We’re not paying our bills. And this particular -- these things that we did today -- the three bills that we passed, I guess I’m just amazed that they got thirty-seven votes of people who I know have to be hearing the same things I’m hearing. And, you know, none of this money goes to pay our bills. It goes to -- and it’s one-time money - it’s not something that we can maybe pay the bills next time. We’re going to have to look for this money to pay these expanded programs next year. And -- and I -- and I -- I’m -- I -- as I look at the -- I -- I -- I got the feeling that a lot of you aren’t real excited about this. You can’t be, ‘cause this is the wrong thing to do. And then we’re going to send it to the House and they’re going -- and we know not -- not -- not -- very likely, nothing’s going to happen. I’m not real sure why we’re going through this process and putting people on -- to do things that they know -- it’s even morally wrong to do what we’re doing today. We have to pay our bills. People out there are borrowing money to pay their employees. And we’re not paying them. And if that’s not wrong, then you’re going to have to 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 tell me why it’s not wrong. This is -- this is -- this is not a good -- this is one of the worst days I’ve had since I’ve been in this Legislature, just to watch this process go on. I can’t believe you’re doing it. I really can’t, but -- but -- but we are. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, to close, sir.
Thank you very much, Mr. President, Members of the Senate. I -- I share your pain and -- and -- ‘cause it’s all of our pain. When we can’t pay our bills, certainly that’s not something that you run around bragging at home or when you go visiting other states or talking to your friends. We’ve tried to be proactive in this Chamber and this is -- is one of the ways that we’re being proactive in trying to address some of the needs that we have. We passed, last year, all of us, a cigarette tax, which would’ve ensured that all those dollars would have gone -- dedicated to paying our bills. We passed it. It got caught up over there. So we’re not doing the wrong thing. We’re trying to be proactive. We put the money in to sit in our construction bill to deal with the LUST problems and deal with our -- our -- our deteriorating road conditions, to -- to deal with our schools that are falling apart. We’ve done that and it’s died over there. Hopefully, this will help jump- start what the Leader has asked for, that dialogue that’s going to get us back on our feet. No one anticipated that things would tank so fast - the economy. But it did happen. We’re now trying to deal with living through what has happened, living within our means with moneys that can prop us again - back up. 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008 This is the right thing to do. It’s the right thing to do now. We need to get ‘08 in hand and correct some of our problems so we can go forward and look at ’09, so we can find those various revenue streams, be it through an income tax or whatever else, but find revenues to continue to make this the best State we can be. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Ladies and Gentlemen, the question is, shall House Bill 3860 pass. Those in favor will vote Aye. Those opposed will vote Nay. 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 34 Ayes, 24 Nays, 0 voting Present. House Bill 3860, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen, we will now proceed to the Order of Resolution Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, has there been any objections filed to any resolution on the Consent Calendar?
No objections filed, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Since the -- seeing no discussion, the question is, shall the resolutions on the Consent Calendar be adopted, with the exception of resolutions previously withdrawn. All those in favor will say Aye. All those opposed will say Nay. And the Ayes have it, and the motion carries. The resolutions are adopted. Madam Secretary, Messages from the House, please. 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 142nd Legislative Day 4/3/2008
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 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 121. Offered by Senator Martinez. (Secretary reads HJR 121) Adopted by the House, April 3rd, 2008. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Martinez moves to suspend the rules for the purpose of immediate consideration and the adoption of House Joint Resolution 121. Those in favor will say Aye. Those opposed will say Nay. The Ayes have it, and the rules are suspended. Senator Martinez moves the adoption of House Joint Resolution 121. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the resolution is adopted. Ladies and Gentlemen, pursuant to House Joint Resolution 121, the Senate will stand adjourned until the hour of 12 o’clock noon on Tuesday, April 8th, the year 2008. The Senate stands adjourned. 100