PRESIDING OFFICER: (SENATOR LINK) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desks. Will our guests in the gallery please rise? The invocation today will be given by Father Michael Pfleger, Faith Community of St. Sabina, Chicago, Illinois. Father Pfleger.
(Prayer by Father Michael Pfleger)
PRESIDING OFFICER: (SENATOR LINK) Please remain standing for the Pledge Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR LINK) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of April 8th, 2008.
PRESIDING OFFICER: (SENATOR LINK) 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 LINK) Senator Hunter moves to approve the Journal just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions.
Senate Resolution 640, offered by Senator Forby and all 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Members. And Senate Resolution 641, offered by Senator Hunter and all Members. They’re both death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I have a group of young people in the -- in the balcony who are visiting us from Chicago, but their organization is based statewide. The name of the organization is called AmeriCorps and they do a -- a -- a -- a number of wonderful activities, such as serving with national and local profit -- nonprofit schools, faith-based organizations and other groups, citizens. They tour and they do mentoring and coordinate afterschool programs. They build homes. So, I’d like to just -- for us to welcome these wonderful young people to Springfield.
PRESIDING OFFICER: (SENATOR LINK) Will our guests in the gallery please rise and the Senate welcome them? Those resolutions previously read, please put on the Consent Calendar. Madam…
And Senate -- Senate Resolution 642, offered by Senator Hunter. And Senate Joint Resolution, Constitutional Amendment, 92, offered by Senator Frerichs. 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 They’re both substantive.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, for what purpose do you rise?
Mr. President, a point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Yes. I’d like to introduce a friend, who I worked with in the many years that I served as the Director of the Peoria Area Labor Management Council. She was the Director of our Health Promotion Programs. Please welcome Susan Reising.
PRESIDING OFFICER: (SENATOR LINK) Our guest rise and please be welcomed to the State Senate. Madam Secretary, Messages.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 3286. We’ve received like Messages on House Bills 4160, 4162, 4193, 4290, 4297, 4379, 4693, 4710, 4723, 4737, 4811, 4812, 4813, 4843, 5000, 5095, 5150, 5164, 5215, 5230, 5263, 5297, 5325, 5348, 5367, 5534, 5543 and 5866. All passed the House, April 3rd {sic} (8), 2008. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR LINK) 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Madam Secretary, Introduction of Bills.
Senate Bill 3030, offered by Senator Bomke. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Madam Secretary, House Bills 1st Reading.
House Bill 2210, offered by Senator Martinez. (Secretary reads title of bill) House Bill 4162, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 4165, offered by Senator Murphy. (Secretary reads title of bill) House Bill 4183, offered by Senator Hultgren. (Secretary reads title of bill) House Bill 4193, offered by Senator Althoff. (Secretary reads title of bill) House Bill 4262, offered by Senator Hultgren. (Secretary reads title of bill) House Bill 4297, offered by Senator Steans. (Secretary reads title of bill) House Bill 4379, offered by Senator Clayborne. (Secretary reads title of bill) House Bill 4391, offered by Senator Frerichs. (Secretary reads title of bill) House Bill 4485, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 4522, offered by Senator Lightford. 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 (Secretary reads title of bill) House Bill 4642, offered by Senator Demuzio. (Secretary reads title of bill) House Bill 4710, offered by Senator Haine. (Secretary reads title of bill) House Bill 4727, offered by Senator Luechtefeld. (Secretary reads title of bill) House Bill 4732, offered by Senator Bond. (Secretary reads title of bill) House Bill 4737, offered by Senator Luechtefeld. (Secretary reads title of bill) House Bill 4812, offered by Senator Garrett. (Secretary reads title of bill) House Bill 5000, offered by Senator Bond. (Secretary reads title of bill) House Bill 5101, offered by Senator Murphy. (Secretary reads title of bill) House Bill 5164, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 5263, offered by Senator Sandoval. (Secretary reads title of bill) House Bill 5297, offered by Senator Hunter. (Secretary reads title of bill) House Bill 5348, offered by Senator Hunter. (Secretary reads title of bill) House Bill 5367, offered by Senator Frerichs. (Secretary reads title of bill) House Bill 5534, offered by Senator Jacobs. (Secretary reads title of bill) 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 House Bill 5647, offered by Senator Demuzio. (Secretary reads title of bill) And House Bill 5866, offered by Senator Hunter. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR LINK) Will all Members at the sound of my voice please come to the Senate Floor? We will be going to the Order of 3rd Reading. All Members at the sound of my voice, please come to the Senate Floor. We will be going to the Order of 3rd Reading. Can I get everybody’s attention, please? Can I get everybody’s attention, please? Quiet on the Floor, because you might want to hear this announcement. President Jones has canceled Friday’s Session. So, I know the sheer disappointment will hurt you, but we will - - we will survive. But there is one other further announcement. All amendments must be filed by Friday. That is the deadline. All amendments must be filed by Friday. The Senate will be open. The well will be open to accept paper on Friday, but the deadline is Friday. None will be accepted past Friday. So, all amendments, because we want to clear up everything next week. President Jones, for what purpose do you rise?
Thank you, Mr. President. Mr. President, I move to suspend the rules for immediate consideration of Senate Resolution 639.
PRESIDING OFFICER: (SENATOR LINK) President Jones moves to suspend the rules for the purpose of immediate consideration and adoption of Senate Resolution 639. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. President Jones now moves 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 the adoption of Senate Resolution 639. All those in favor, say Aye. Opposed, Nay. The Ayes have it. Senate Resolution 639 is adopted. On page 16, Senate Bill 2728. With leave of the Body, we will go to… On page 16, Senate Bill 2708. With leave of the Body, we will skip to page -- page 17, Senate Bill 2725. Senator Haine. Out of the record. Senate Bill 2726. President Jones. Out of the record. With leave of the Body, we will skip to 2755. 2755. Senator Harmon. Out of the record. Senate Bill 2757. Senator Cullerton. Out of the record. Senate Bill 2775. Senator Watson. Senator Watson. Out of the record. Senate Bill 2783. Senator Harmon. Out of the record. Senate Bill 2784. Senator Harmon. Out of the record. Senate Bill 2785. Senator Harmon. Madam Secretary, read the bill.
Senate Bill 2785. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2785 amends the Rights of Criminal {sic} (Crime) Witnesses -- Victims and Witnesses Act. Today we require that victims be notified if they so request upon the -- the final discharge of a defendant from State custody. This bill would expand it to include notice of furloughs or temporary releases. I’m not aware of any opposition and I’d ask for your Aye votes.
PRESIDING OFFICER: (SENATOR LINK) 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Is there any discussion? Seeing none, the question is, shall Senate Bill 2785 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 2785, having received the constitutional majority, is declared passed. Senator Silverstein, for what purpose do you rise?
Purpose of a personal announcement, or…
PRESIDING OFFICER: (SENATOR LINK) State your purpose.
Thank you. With me, behind me, is the great Mayor of the Village of Lincolnwood, Jerry Turry, and Trustee, Larry Froman. I would appreciate if the Senate would give ‘em a beautiful, warm welcome.
PRESIDING OFFICER: (SENATOR LINK) Will our guests rise and the Senate welcome them? Senator Althoff, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Thank you very much and good morning, Mr. President. It’s nice to see you this morning. I have a guest with me today. I have Jessica Urewicz, who is from Huntley High School. She’s here to look at government kind of -- up close and personal. 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 She’s very interested in gun control laws. So we’re going to bring her over and introduce her personally to Senator Kotowski. But might we give her a warm welcome to Springfield.
PRESIDING OFFICER: (SENATOR LINK) Will the Senate please welcome our guest? Senator Watson, for what purpose do you rise?
Yes. Thank you, Mr. President. I appreciate the opportunity. I would like a point of personal privilege, and take this opportunity to introduce former Senator Walter Dudycz. I know Walter is on the Floor. He is now the Vice Chair of Northeastern Illinois University. Former Senator Walter Dudycz, on the Democrat side of the aisle. Glad to have you back, Walter.
PRESIDING OFFICER: (SENATOR LINK) Welcome, Senator Dudycz. And we’re glad you finally came over to the Democratic side. Senator Wilhelmi, for what purpose do you rise?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) I reluctantly allow you to state that point of personal privilege.
Well, I -- I think you know where I’m going with this, and it is my great pleasure and my great honor to welcome back one of our very own, who has been not only my predecessor, but my mentor and dear, dear friend. Please help me welcome back to the Senate Floor former Senator and current Will County 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Executive Larry Walsh.
PRESIDING OFFICER: (SENATOR LINK) Welcome to the Senate, Senator Walsh. Senator -- Senator Haine, for what purpose do you rise?
Personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I -- I want to follow up on the remarks by the distinguished Senator from Joliet. You know, in the past few years, before I became elected, the big issue in my district was how much money are we going to send to Cook County and Chicago. Now the issue is, how much money are we going to send to Will County. My people are sick and tired of sending all this money to Will County. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator Luechtefeld, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I have a -- a young lady here who is with me today as -- as a Page. And she has been -- she was here last year, very impressive young lady. I’d like you to welcome her. Lari Dierks. Lari, stand up.
PRESIDING OFFICER: (SENATOR LINK) Will our guest rise and the Senate welcome her? Senator 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Lauzen, for what purpose do you rise?
Thank you very much, Mr. President. For an introduction.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I’d like to introduce a friend and constituent from back home in the Fox Valley. Jeff Ward is with us today. He’s a special features columnist and a small business owner. He is the inventor and distributor of the Lapinator. He’s with us today. I’d ask you to welcome him to the State Senate. Jeff Ward.
PRESIDING OFFICER: (SENATOR LINK) …our guest rise and the Senate welcome him? With leave of the Body, we will return to 2775. Senator Watson. Madam Secretary, please read the bill.
Senate Bill 2775. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Watson.
Once again, thank you, Mr. President, for accommodating me. I was off the Floor when you called this earlier. Senate Bill 2775 establishes protocols and procedures that are to be followed to allow animals out of a quarantine issued by the Department of Agriculture. It’s an attempt to resolve a problem that came to my attention from a constituent in my district. It 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 was approved unanimously by the Senate Agriculture and Conservation Committee. And I’d just appreciate your support.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2775 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 2775, having received the constitutional majority -- required majority, is declared passed. Senate Bill 2786. Out of the record. Senate Bill 2788. Out of the record. Senate Bill 2799. Out of the record. Senate Bill 2821. Senator Raoul. Madam Secretary, please read the bill.
Senate Bill 2821. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Could we have the noise down a little bit, because we are on 3rd Reading? Could we keep the noise down a little bit? Please? Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2821 creates the Interstate Compact for Juveniles Act of 2008, which creates a framework for Illinois agencies to deal with agencies in other states relating to the needs of juveniles within the juvenile justice system when those juveniles move into Illinois from other states or out of 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Illinois to other states. It provides for Illinois participation in multistate agency to oversee interstate transfers for juvenile offenders. I ask for your support.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2821 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 2821, having received the required constitutional majority, is declared passed. Senate Bill 2825. Senator Collins. Out of the record. Senate Bill 2827. Senator Martinez. Out of the record. Senate Bill 2828. Senator Martinez. Out of the record. Senate Bill 2851. Senator Harmon. Out of the record. Senate Bill 2854. Senator Holmes. Out of the record. Senate Bill 2859. Senator Kotowski. Out of the record. Senate Bill 2860. Senator Hunter. Madam Secretary, please read the bill.
Senate Bill 2860. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2860 would ban the sale of cosmetic, fragrances and toiletries that contain mercury. This bill is patterned after a law that was enacted in the State of Minnesota 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 last year. The purpose of this bill basically is to phase out the use of mercury in all cosmetic products. Historically, mercury has been used -- used in skin-lightening creams and soaps, as well as preservatives in some eye makeup. And using eye makeup with mercury is unlikely to cause immediate health problems, but mercury accumulates in the body over a period of time. So the Illinois EPA and others have recommended that consumers avoid exposure whenever possible. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Radogno.
Thank you, Mr. President. I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) She indicates she will yield.
Thank you. Senator Hunter, we had a discussion about this in committee and one of the questions that we had was about the practical enforcement of this law if it were to become law. Could you sort of walk through exactly what would happen in a drugstore that might have these, or a dollar store that might have cosmetics? How does this get enforced? How do they identify the problem areas? Who does the enforcement and so on?
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
Yes. Thank you for that question, Senator Radogno. EPA plans to work with manufacturers and makers of the -- of 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 cosmetic products and other toiletries and they plan to enforce by using outreach to ensure that -- that everything is enforced. And they also have an x-ray machine where they can test traces. And they can test at least between twenty and twenty-five products per year, especially as it relates to the cake mascaras and the -- the eye -- the eye cosmetics. And if found, they’ll -- they - they have a Springfield lab that they can send it to for further testing.
PRESIDING OFFICER: (SENATOR LINK) Senator Radogno.
So, just to be sure I understand. The EPA can actually test the products. And obviously, once they find there’s mercury in them, we can pull ‘em from the shelf. How -- who is going to, though, identify? What is the EPA outreach and how is that going to work?
PRESIDING OFFICER: (SENATOR LINK) One last time, can we please keep this down - the noise? We can’t even listen to the debate on this. Please keep the noise down. Senator Hunter.
Thank you, Mr. President. In terms of the -- the education and outreach program that Illinois IPA {sic} has, they plan to work with the -- the cosmetic manufacturers and the retail trade associations who are -- and to inform their members regarding their education and their outreach program. And through their membership, they hope to identify products in order for them to test.
PRESIDING OFFICER: (SENATOR LINK) 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Senator Radogno.
Thank you. I -- I -- you know, I -- I think, obviously, having mercury in cosmetics is a bad idea. The thing that concerns me about this bill and it’s the same concern that had in committee, is there’s already limits at the federal level as to what you can have. We would be, as I understand it, a little more restrictive. And I’m not sure we have the wherewithal to enforce it. As I understand, the major cosmetic companies - Maybelline’s and L’Oreal’s, things like that - don’t use it as it is. These are products that probably aren’t going to be members of trade associations or, you know, where you could do the outreach and education. It’s almost like enforcing -- asking the EPA to enforce products that shouldn’t be there in the first place. So, while I do think it’s -- it’s a good idea, my concern remains that it really doesn’t do anything other than just make a -- a feel-good statement. So, I appreciate your efforts, but -- but my concerns are not yet addressed. So, thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Risinger.
Thank you, Mr. President. To the bill: You know, I’m going to support this bill because I think having mercury in these products is -- is a bad thing. But I -- I do think that this type of issue is one that is better served whenever it is a -- a nationwide type of bill, rather than narrowing it down to - - to one state where we have to sort through these types of issues. But I am going to support it. But I -- I would much 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 rather see this more on a national scope, rather than individual states.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR LINK) She indicates she will.
Thank you, Mr. President. Senator Hunter, I want to follow up a little bit on Senator Radogno’s questioning. And the reason I think this is important is because there are serious fines in here. For a manufacturer, it’s ten thousand dollars a violation. For the little store owner on the corner, the local businessman, who sells one of these products, it’s five hundred dollars a pop. And I don’t know about most of the Members’ businessmen in their districts, but that’s a big deal for the people in my district. Senator Hunter, is a store owner liable for the five-hundred-dollar fine if they sell a cosmetic that has mercury in it and they did not know that it had mercury in it because the manufacturer didn’t tell them?
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
No.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Can -- I wonder, Senator Hunter, if you can point to me in 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 the bill where that makes it clear, because there is no “knowingly” requirement in here in selling and distributing. It just says anyone who distributes or sells. It doesn’t require them to know that it’s in there. They just have to sell it. Am I missing something?
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
No, Senator, it is not in that bill. However, I did indicate earlier that the Department was going to conduct their own research and education project. So, no, it’s not in there.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Thank you, Mr. President. Ladies and Gentlemen -- if I might, to the bill. Ladies and Gentlemen of the Chamber, we all have small business owners in our districts who sell these kinds of products. The bill does not require these small business owners to know what’s in the cosmetic before they get whacked with the fine. Okay? Now, I appreciate that we all hope that the good folks at the Illinois Environmental Protection Agency will handle this in an appropriate manner. But as soon as you give them this grant of authority and one of those folks doesn’t handle it right, you’re the one who’s going to get the call and say, wait a second, Merle Norman didn’t tell me they had mercury in this product. It would be an easy, easy, easy thing to change this bill and put a knowingly requirement in it so as not to risk the store owners in our districts. And I think that that’s what needs to happen to this legislation, rather than 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 simply handing it over to the administration and hoping, with hands clasped, that they’ll handle it correctly. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LINK) She indicates she will.
Thank you, Mr. President. I’m -- I’m a little confused. When we had this bill in committee - and a subsequent conversation that I had actually yesterday - it was my understanding that the retailer themselves were not on the hook, that this would provide an avenue so that the -- the Illinois Department could test these products and determine whether there was mercury in them or not, because we don’t know right now. And that they would then go to the suppliers and say, no, you can’t sell in Illinois because you have mercury in your cosmetics. It’s my -- I mean, from some of the questions that have been asked, it sounds like we’ve shifted the burden from the suppliers or the makers to the retailers. And I’m confused. Can the sponsor clear that up for us?
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
As I indicated earlier -- maybe you all were not listening, but let me read it again for you. I did say “knowingly”. I 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 said Senate Bill 2860 prohibits an individual from distributing or selling any cosmetics, toiletries, or fragrances containing mercury and makes the person who knowingly violates this provision of the Act guilty of a petty offense. It’s in the bill. It’s in the analysis. I’m sure you have a copy of it.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
Yes, Senator, we can read. But the question is, where does the final burden of “knowingly” fall? Is it on the supplier of the cosmetics, your -- your Maybelline, your Revlon, et cetera? Or is it on Walgreens, Osco, whatever? Is it the retailer or is it the supplier, the manufacturer?
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
The manufacturer, Senator.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
So, Senator, it’s the intention with your bill that the Department would stop shipments to the retailers from the suppliers? And is that in the bill or do we need to put an amendment on it to make that clear?
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
No, Senator, that is not in the bill. However, the IEPA indicated that they would work with the retail and the 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 manufacturing community and its members - and its members - for education and outreach purposes.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
Would -- would you be -- since we have another week and since I think we’ve kind of thrashed out now who the “they” are, would it be possible to pull this out of the record, put an amendment on it and bring it back next week? You have till Friday. I think it would make it clearer for everybody and take the burden off of the retailers who feel that they might be the ones that are -- are slapped with the fines.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
No. I’m ready to move it on.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
I think this would be relatively easy. Do you have a -- a House sponsor? Are they willing to put such an amendment on?
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
I’m sure they will be. The answer is yes, Senator. I’d like to move this bill on, if you don’t mind, Senator.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 If -- if we vote Yes to this, it’s with the understanding that the House sponsor will put an amendment on that will clear up the discrepancies that we’ve talked about here on the Floor.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
Yes, Senator. I’ll be willing, if -- if -- I would be willing to sit down with the House sponsor and any of you all who have other concerns to make sure that we amend it to -- to satisfy persons. Yes.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
Just, thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter, to close.
Thank you, Ladies and Gentlemen of the Senate. I feel as though this is a very good bill. I ask for your support. The federal government, the U.S. FDA does have a program; however, it is voluntary. They implemented the program in 1974. And I - - I do believe that the IPA {sic} are really -- they really want this bill because they want to help identify mercury into makeup, especially in the -- the -- the skin-lightening cream and the cake mascara. And also, women and -- and other adults who use cosmetics are at risk, especially women of childbearing ages. And I do ask for a favorable vote. Thank you.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2860 pass. All those in 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 2860, having received the required constitutional majority, is declared passed. Senate -- Senator Silverstein, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
With me, behind me, is the great Mayor from -- the Mayor of Morton Grove, Mayor Richard Krier. I wish the Senate would give him a nice warm welcome today.
PRESIDING OFFICER: (SENATOR LINK) Will the Senate please welcome the Mayor to the Senate? Senator Koehler, for what purpose do you rise?
Mr. President, a point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Up in the President’s Gallery, we have members of the East Peoria Chamber of Commerce and I’d like to have you all welcome them to the Senate.
PRESIDING OFFICER: (SENATOR LINK) Will our guests rise and please be welcomed to the Senate? Senator Luechtefeld, for what purpose do you rise? 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
Thank you, Mr. President. In the gallery here, behind -- or on this side in the gallery are two young men that I had in class. Both of ‘em were athletes on -- on teams that I coached and today they’re extremely successful businessmen. I’d like to introduce Bryan Aubel and Keith Reichmann. Would you please stand? And would you welcome them?
PRESIDING OFFICER: (SENATOR LINK) Will our guests please rise? And welcome to the Senate. Senator Althoff, for what purpose do you rise?
Thank you. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
You’re hearing a lot of announcements today from a lot of our Members with regard to their mayors or perhaps their council members being here in Springfield. And that’s because the Illinois Municipal League is hosting one of their legislative forums. And also, what I would like to do is take a moment and remind this Body that tonight the Illinois Municipal League is having a reception at the Abraham Lincoln Hotel from 6 to 8 p.m., in Salons C and D, and they would love to see all of their elected representatives who represent us at the State level come and say hello to their local elected representatives. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senate Bill 2864. Senator Cullerton. Senator Cullerton. Madam Secretary, please read the bill. 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
Senate Bill 2864. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This is an initiative of the Illinois State Board of Education. Under federal regulations now, school districts are not allowed to buy or lease certain types of vehicles. They are the eleven- to fifteen-passenger vans for interscholastic or other school- sponsored, noncurriculum-related activities. And the purpose of this bill is to eliminate the use of these since it’s restricted under federal regulations. They do not, however, prohibit a district that already has these vehicles from continuing to use them for other activities. So, the school districts don’t have to sell them or get rid of them. I believe that there’s no opposition to the bill. These particular vans have proven to be not as safe, according to the National Highway Traffic Safety Administration. They’ve issued warnings about them. And this has an effective date of July 1st to give districts time to make the changes so they can comply. Be happy to answer any questions. And ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.
…you -- thank you, Mr. President. To the bill: I rise in support of Senator Cullerton’s bill. I -- I -- I don’t often do 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 that with a lot of his transportation safety bills, but I think this is a good one. It ensures the safety of our students. I - - I will say, Senator Sullivan, though, was a little bit concerned when I told him I was supporting your bill, Senator Cullerton. But I -- I encourage an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Watson.
Yes. Thank you, Mr. President. I -- I guess I ought to review my past record of bills that I’ve passed and now those that have been repealed and primarily by Senator Cullerton. This is one of ‘em. Personally I -- I’m opposed to this. I understand what the federal government’s trying to do. They’re trying to protect everybody - like government is -- seems to be destined to do for all of us. This is a simple concept that allowed local school districts to determine for themselves whether they wanted to use a fifteen-passenger van to transport the tennis team, the debate team, whatever it may be. It was a very cost-saving matter for local school districts. Lot of school districts saved a considerable amount of money to not have to use a -- a bus. And then we also allowed for anybody with a CDL driver’s license, which could be a coach or someone else, to drive. Now we’re going to have that -- that ability is not going to be -- take place any longer. This is going to cost local school districts a considerable amount of money. I just - - let -- let’s let them decide. Let’s let the local school district decide if they want to use something other than a fifteen-passenger van. And I’m not so sure about the safety factor of it. Some would say that a fifteen-passenger van is 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 more mobile and -- and -- and drives much easier than a bus and could actually even be safer than a bus. So, I -- personally, I hope that we’ll see some red lights on this and that my agenda and my -- my history and legacy in this process will -- will go on and not be repealed, as this Senator has done on so many advancements and proposals that I’ve given in the past, Senator Cullerton.
PRESIDING OFFICER: (SENATOR LINK) Senator Lightford.
Thank you, Mr. President. To the bill: I rise in…
PRESIDING OFFICER: (SENATOR LINK) Excuse me, Senator Lightford. Senator Cullerton wants it out of the record. Senate Bill 2879. Senator Raoul. Out of the record. Senate Bill 2883. Senator Schoenberg. Senator Schoenberg. Out of the record. Senate Bill 2887. Senator Schoenberg. Out of the record. Senate Bill 2892. Senator Clayborne. Madam Secretary, please read the bill.
Senate Bill 2892. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Clayborne.
Thank you, Mr. President. Senate Bill 2892 basically creates a -- a sales tax holiday for the first nine days of August for the purposes of purchasing merchandise as it relates to school supplies, an article of clothing or footwear or a 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 computer that is sold. This bill is designed to ease the burden of those who struggle to purchase clothes for their children and struggle to purchase school supplies. At the same time, it will help the retailers increase other purchases -- other sales for items not associated with just school supplies and -- and -- and -- and clothing. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Radogno.
Thank you, Mr. President. I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) He indicates he will yield.
Senator Clayborne, how -- what is the cost of this proposal?
PRESIDING OFFICER: (SENATOR LINK) Senator Clayborne.
It’s estimated about thirty-three million dollars.
PRESIDING OFFICER: (SENATOR LINK) Senator Radogno.
I guess my question is, given the financial situation that we’re in right now, looking at a seven-hundred-and-fifty- million-dollar hole for this year - we haven’t even started talking about the budget next year - tell me how we justify eliminating another thirty-three million dollars in revenue. I mean -- do understand the appeal that people would save the 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 sales tax, but on the other hand, it just doesn’t seem to all fit together logically.
PRESIDING OFFICER: (SENATOR LINK) Senator Clayborne.
Well, to answer your question, Senator Radogno, typically when people go shop, they have to get there. They’ll probably buy gas. They’ll probably eat. They’ll probably buy other items while they’re at the mall. So, not only -- it -- it -- there is some offsets where people will benefit. In Missouri, they do this for one weekend and you can’t even get on the parking lot at the mall. So, we believe that there will be other economic benefits and advantages to this bill as well.
PRESIDING OFFICER: (SENATOR LINK) Senator Lauzen.
Thank you, Mr. President. I rise in support of the sponsor’s bill. I certainly recognize, as the sponsor does, Senator Radogno’s valid concerns. But our priority certainly today is to take care of the taxpayers and citizens who we serve. It’s a good bill. It received unanimous support in committee - in Revenue Committee. Recommend an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Rutherford.
Thank you, Mr. President. A quick question for the sponsor. Senator…
PRESIDING OFFICER: (SENATOR LINK) He indicates he will yield. 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
Thank you. Senator Clayborne, is there -- is there anything that would preclude a group of companies, a buying plan, to take advantage of this, knowing the window of time available, to say, “We’re going to go out and buy all of our computers. We’re going to do…” I mean, I understand what you’re trying to accomplish here, but is there a means test standard or qualifier to be able to be eligible for this?
PRESIDING OFFICER: (SENATOR LINK) Senator Clayborne.
No.
PRESIDING OFFICER: (SENATOR LINK) Senator Clayborne, to close.
I would -- I would ask for your favorable -- favorable vote. Thank you. Great bill.
PRESIDING OFFICER: (SENATOR LINK) The -- the question is, shall Senate Bill 2892 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 2892, having received the required constitutional majority, is declared passed. Senate Bill 2906. Senator Forby. Senator Forby. Out of the record. Senate Bill 2907. Senator Demuzio. Madam Secretary, please read the bill.
Senate Bill 2907. 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio.
Yes. Thank you, Mr. President and Members of the Senate. Senate Bill 2907 increases the maximum allowable fee for school bus driver courses from four dollars per person to six dollars per person in the fiscal year ’09 to ’11, eight dollars in fiscal year 2012-2014, and ten dollars each year thereafter. The bill requires a dollar of the fee increase to be deposited in the State Board of Education revolving account for school bus safety and deletes the requirement that the school board request an additional appropriation for the bus drivers in training. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2907 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 2907, having received the required constitutional majority, is declared passed. Senate Bill 2912. Senator Noland. Out of the record. We will be going right back to the beginning, to page 7. Senate Bill 786. Senator Schoenberg. Out of the record. Senate Bill 862. Senator Collins. Out of the record. Senate Bill 871. Senator Haine. Out of the record. Senate Bill 878. Senator Wilhelmi. Out of the record. Senate Bill 898. Senator Hunter. Madam Secretary, 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 please read the bill.
Senate Bill 898. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 898 increases the threshold for -- well, first of all, it amends the child care eligibility threshold for -- and -- and co-pay caps. And the threshold increases from one hundred and eighty-five percent of the federal poverty level to two hundred percent, based on the family size. And this bill also outlines the co-pays that an eligible family will pay for child care services depending on the size and the -- the income. This initiative is intended to move family towards economic independence through work and to provide quality child care services to disadvantaged children. The proponents state that poor families often pay a higher percentage of their family’s income on child care, which is fifteen percent, when compared to the average American family of nine percent. So, basically, capping the co-pay for child care and extending the income eligibility thresholds are ways to allow more families to have access to child care services. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 898 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 898, having received the required constitutional majority, is declared passed. Senate Bill 1106. Senator Trotter. Out of the record. Senate Bill 1857. Senator Raoul. Madam Secretary, please read the bill.
Senate Bill 1857. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Before we start, can we please have the noise -- can we keep the noise level down? It’s getting a little loud here again. Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1857 amends the State Finance Act, the Use Tax Act, the Service Use Tax Act, the Retailers’ Occupation Tax Act, and the Metropolitan Pier and Exposition Authority Act by extending the term of the current bond structure by six years and expanding the bond authorization limits from roughly 2.1 billion to 2.45 -- 2.1 million to -- billion to 2.45 billion. The bill will allow McCormick Place to take an advantage of favorable market conditions and lower interest rates and it would allow the McCormick Place to expand its hotel and thereby be able to generate revenue to reinvest and stay competitive in tourism, convention and trade show industry. It would also provide financial stability for McCormick Place. This will also help put up to twenty-two thousand people to work. I ask for 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 your support.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 1857 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 Ayes, 6 Nays, 1 voting Present. Senate Bill 1857, having received the required constitutional majority, is declared passed. Senate Bill 1867. Senator Halvorson. Out of the record. Senate Bill 1872. Senator Harmon. Madam Secretary, please read the bill.
Senate Bill 1872. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Last year, in the omnibus election bill, among other things, we increased the number of signatures required to get on the ballot in DuPage County only for county elections. We have since discovered some problems with that, both that it inadvertently applied to countywide elections as well as county board elections and, second, that it raises constitutional questions in singling out DuPage County. This bill would do nothing other than restore the status quo before the election omnibus bill was passed last year. I know that I’ve worked with my colleagues on the other side of the aisle who also represent 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 DuPage and there is still some questions as to whether there is a better way to do this. I would ask that we restore the status quo while we determine whether there is a more sensible way to proceed. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR LINK) Senator Cronin.
Thank you very much, Mr. President. I rise to express a view from the DuPage side and from the Republican side. First, I want to -- I want to compliment my colleague, Senator Harmon, and Senator Link, who was very helpful in advancing this issue. For the record, it was the purest of intentions. We sought to increase signature requirements just like signature requirements were raised for other offices across the State. It was intended to -- to be a -- a new provision that would apply to all the collar counties, not simply DuPage, and it would be applied evenhandedly, of course. Both parties would be obligated to go out, knock on doors, to get the requisite number of signatures. Was not intended to give anyone any particular kind of advantage. I think there still is an issue that needs to be addressed and I look forward to an opportunity to -- to revisiting that issue in an effort to enhance the integrity of the electoral process, in an effort to come up with candidates that really and truly are reflective of the communities that they’re seeking to represent. Look for to working with Senator Harmon, Senator Link and others. At this moment, I understand the -- the reason behind this legislation, and in an effort and in the spirit of cooperation and -- and with the understanding that we will address this issue again in the future very soon, I 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 -- I rise and express my support for this legislation. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, to close. The question is, shall Senate Bill 1872 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 1872, having received the required constitutional majority, is declared passed. Rules Committee will meet immediately in the President’s Anteroom. Rules Committee will meet immediately in the President’s Anteroom. Senator Martinez in the chair. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link back in the Chair.
PRESIDING OFFICER: (SENATOR LINK) Madam Secretary, Committee Reports.
Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Senate Bill 801, Senate Bill 848, Senate Bill 876, Senate Bill 879, Senate Bill 885 and Senate Bill 993. Senator Debbie Halvorson, Chairman. April 9th, 2008. I have another Report. Senator Halvorson, Chairman of the Committee on Rules, 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 reports the following Legislative Measures have been assigned: Refer to Agriculture and Conservation Committee - Floor Amendment No. 1 to Senate Bill 2407, Floor Amendment No. 1 to Senate Bill 2562 and Floor Amendment No. 2 to Senate Bill 2906; refer to Education Committee - Floor Amendment No. 1 to Senate Bill 848, Floor Amendment No. 1 to Senate Bill 876, Floor Amendment No. 1 to Senate Bill 2042, Floor Amendment No. 1 to Senate Bill 2170, Floor Amendments 2 and 3 to Senate Bill 2293, Floor Amendment No. 2 to Senate Bill 2402, Floor Amendment No. 1 to Senate Bill 2482, Floor Amendment No. 1 to Senate Bill 2487, Floor Amendment No. 2 to Senate Bill 2685, Floor Amendment No. 1 to Senate Bill 2688 and Floor Amendment No. 1 to Senate Bill 2858; refer to Environment and Energy Committee - Floor Amendment No. 2 to Senate Bill 2105, Floor Amendment No. 3 to Senate Bill 2110, Floor Amendment No. 1 to Senate Bill 2129 and Floor Amendment No. 3 to Senate Bill 2163; refer to Executive Committee - Floor Amendment No. 3 to House Bill 824, Floor Amendment No. 1 to Senate Bill 879, Floor Amendment No. 1 to Senate Bill 2231, Floor Amendment No. 1 to Senate Bill 2374 and Floor Amendment No. 1 to Senate Bill 2757; refer to Higher Education Committee - Floor Amendment No. 4 to House Bill 1334 and Floor Amendment No. 1 to Senate Bill 2413; refer to Human Services Committee - Floor Amendment No. 1 to Senate Bill 1933, Floor Amendment No. 1 to Senate Bill 2505 and Floor Amendment No. 1 to Senate Bill 2656; refer to Insurance Committee - Floor Amendment No. 2 to Senate Bill 2486 and Floor Amendment No. 3 to Senate Bill 2502; refer to Judiciary-Civil Law Committee - Floor Amendment No. 1 to Senate Bill 1865, Floor Amendment No. 1 to Senate Bill 2111, Floor Amendment No. 1 to Senate Bill 2722, 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Floor Amendment No. 2 to Senate Bill 2725 and Floor Amendment No. 3 to Senate Bill 2827; refer to Judiciary-Criminal Law Committee - Floor Amendment No. 1 to Senate Bill 2118 and Floor Amendment No. 2 to Senate Bill 2713; refer to Labor Committee - Floor Amendment No. 1 to Senate Bill 2216; refer to Licensed Activities Committee - Floor Amendment No. 1 to Senate Bill 885, Floor Amendments 1 and 2 to Senate Bill 1998 and Floor Amendment No. 1 to Senate Bill 2760; refer to Local Government Committee - Floor Amendment No. 1 {sic} (2) to Senate Bill 2033, Floor Amendment No. 1 to Senate Bill 2181, Floor Amendment No. 1 to Senate Bill 2677, Floor Amendment -- Floor Amendment No. 1 to Senate Bill 2679 and Floor Amendment No. 2 to Senate Bill 2824; refer to Pensions and Investments Committee - Floor Amendment No. 2 to Senate Bill 2362; refer to Public Health Committee - Floor Amendment No. 2 to Senate Bill 1900, Floor Amendment No. 2 to Senate Bill 1925, Floor Amendment No. 3 to Senate Bill 2303, Floor Amendment No. 1 to Senate Bill 2506, Floor Amendment No. 2 to Senate Resolution 481; refer to Revenue Committee - Floor Amendment No. 1 to Senate Bill 801, Floor Amendment No. 2 to Senate Bill 2099, Floor Amendment No. 1 to Senate Bill 2342, Floor Amendment No. 1 to Senate Bill 2678 and Floor Amendment No. 1 to Senate Bill 2854; refer to State Government and Veterans Affairs Committee - Floor Amendment No. 1 to Senate Bill 993, Floor Amendment No. 1 to Senate Bill 890 -- I’m sorry, 1890, Floor Amendment No. 1 to Senate Bill 2178, Floor Amendment No. 1 to Senate Bill 2332, Floor Amendment No. 2 to Senate Bill 2344 and Floor Amendment No. 1 to Senate Bill 2632. And a correction on Local Government Committee: Refer Floor Amendment No. 2, instead of Floor Amendment No. 1, to 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Senate Bill 2033. Senator Debbie Halvorson, Chairman. April 9th, 2008.
PRESIDING OFFICER: (SENATOR LINK) Senator Lightford, for what purpose do you rise?
Thank you, Mr. President. Point of an announcement.
PRESIDING OFFICER: (SENATOR LINK) State your announcement.
Today the Senate Education Committee will meet at 2 o’clock in Room 212. Senate Education, today at 2 in 212. And then on -- tomorrow morning, Mr. President, Thursday, at 9:30 a.m. in Room 400, we will have our waiver hearing for Senate Education. Tomorrow morning, Thursday, 9:30 - excuse me - our waiver hearing in Room 400.
PRESIDING OFFICER: (SENATOR LINK) I would suggest the noise keep down so everybody can hear these announcements. Senator Forby, for what purpose do you rise?
Today -- for appointment {sic}. Today at 2 o’clock in Room 400, Labor Committee. 2 o’clock today, Labor Committee.
PRESIDING OFFICER: (SENATOR LINK) Senator Delgado, for what purpose do you rise?
For the purpose of an announcement, Mr. President. Licensed Activities will be meeting in Room 409 today, Wednesday, at 2 p.m.
PRESIDING OFFICER: (SENATOR LINK) 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Senator Raoul, for what purpose do you rise?
Purpose of announcement, Mr. President. The Committee on Pensions and Investment {sic} will meet tomorrow at noon in Room 400.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, for what purpose do you rise?
Purpose of a announcement. Tomorrow at -- Thursday, Energy and Environment will be meeting in Room 212 at 12:30.
PRESIDING OFFICER: (SENATOR LINK) Senator Crotty, for what purpose do you rise?
On a point of an announcement. Local Government will be meeting tomorrow, Thursday, at 11 a.m. in Room 409.
PRESIDING OFFICER: (SENATOR LINK) Senator Halvorson, for what purpose do you rise?
Thank you, Mr. President. For the purpose of an announcement. Executive Committee will meet tomorrow, Thursday, in Room 212 at 1 p.m.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter, for what purpose do you rise?
For the purpose of an announcement, Mr. President. The Appropriations III Committee will be meeting tomorrow at 9:30 in Room 212.
PRESIDING OFFICER: (SENATOR LINK) Senator Maloney, for what purpose do you rise? 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
Purpose of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your announcement.
Okay. The Senate Higher Education Committee will meet tomorrow, Thursday, at 1:30 in Room 409.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon, for what purpose do you rise?
Thank you, Mr. President. Purpose of an announcement, sir. The Executive Appointments Committee will meet tomorrow morning, Thursday, 9 a.m. in Room 212.
PRESIDING OFFICER: (SENATOR LINK) Senator Noland, for what purpose do you rise?
Thank you, Mr. President. Purpose of an announcement. Revenue Committee will meet tomorrow, Thursday, 1 p.m., Room 400.
PRESIDING OFFICER: (SENATOR LINK) Senator Wilhelmi, for what purpose do you rise?
Purpose of an announcement, Mr. President. The Judiciary- Criminal Law Committee will meet tomorrow in Room 212 at 11:30 a.m.
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett, for what purpose do you rise?
Yes. Thank you. For purpose of announcement. 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
PRESIDING OFFICER: (SENATOR LINK) State your announcement.
Yes. Public Health will be meeting tomorrow, Thursday, at 11 a.m. in Room 400.
PRESIDING OFFICER: (SENATOR LINK) Senator Sullivan, for what purpose do you rise?
Thank you, Mr. President. I have two announcements. The Ag and Conservation Committee will meet tomorrow, Thursday, at 12:30 in Room 409. And also, Appropriations III Committee will meet tomorrow at 9:30 a.m. in Room 212.
PRESIDING OFFICER: (SENATOR LINK) Senator Bond, for what purpose do you rise?
Purpose of announcement. Appropriations II will meet today at 4 p.m. in Room 212.
PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio, for what purpose do you rise?
Yes. Thank you, Mr. President. For the purpose of an announcement.
PRESIDING OFFICER: (SENATOR LINK) State your announcement.
Yes. State Government and Veterans Affairs will be meeting two times tomorrow. One at 10:30 in Room 409. That will be on Thursday. And again, we’ll be meeting at 1 o’clock tomorrow, Room 409, on Thursday. 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
PRESIDING OFFICER: (SENATOR LINK) Senator Haine, for what purpose do you rise?
Thank you, Mr. President. For a point of information. The -- the Judiciary-Criminal will meet tomorrow at -- I’m sorry, the Judiciary-Civil will meet tomorrow morning at 11 a.m. in Room 212. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Meeks, for what purpose do you rise?
For -- for the purpose of an announcement. The Human Services Committee will meet tomorrow at 12:30 in Room 400. That’s Human Services, tomorrow at 12:30, Room 400.
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, for what purpose do you rise?
Thank you, Mr. President. For purposes of an announcement. The Insurance Committee will meet tomorrow at -- Thursday, at 1:30 p.m. in Room 400.
PRESIDING OFFICER: (SENATOR LINK) We are going back to 3rd Readings on page 8. Senate Bill 1878. Senator Martinez. Madam Secretary, read the bill.
Senate Bill 1878. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Martinez.
43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Thank you, Mr. President, Members of the Senate. Floor Amendment No. 2 retains Senate Bill 1878 as amended by -- by the Amendment No. 1. This amendment removes the provision that an employee or applicant may directly commence action in the circuit court to enforce certain provisions of this Act without first filing a complaint with the Department of Labor. Further, the amendment provides that a willful and knowing violation of failing to safeguard the information contained in the E-Verify system and the access -- system will result in a fee of over five hundred dollars per affected employee plus costs, reasonable attorney’s fees, and -- and actual damages. This is a -- a -- a amendment to address the lawsuit that was filed by the Homeland Security. This takes care of that lawsuit and I hope to answer any questions or ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR LINK) Senator Hultgren.
Thank you, Mr. President. To the bill: Just wanted to inform Members, especially on my side of the aisle here, this is -- I do think the amendment has addressed some of the concerns that we had in committee in regards to direct filing of complaints here. There are still -- this is an immigration issue. There are still, I know, people that may have some concerns on this, so I encourage people to take a close look at it before voting on it to see if this is something that you’d want to support. I know there’s still some questions out there. Really, it’s probably something that, arguably, should be addressed federally. But, I did want to just raise the attention of people on this side to take a close look at this 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 bill before you vote on it. Thank you very much.
PRESIDING OFFICER: (SENATOR LINK) Any other discussion? Seeing none, the question is, shall Senate Bill 1878 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 1878, having received the required constitutional majority, is declared passed. Senator Martinez, for what purpose shall you rise?
Well, I was so excited in seeing -- everyone voting for this bill and I just forgot to push my button. So, I want to be recorded as an Aye vote on my own bill.
PRESIDING OFFICER: (SENATOR LINK) The record shall reflect. Senate Bill 1893. Senator Koehler. Madam Secretary, please read the bill.
Senate Bill 1893. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler.
Thank you, Mr. President, Members of the Senate. Senate Bill 1893, very simply, deletes an exclusion for acupuncture treatment from the Comprehensive Health Insurance Plan. Under amendment, it also adds that acupuncture therapy as medically necessary and provided by appropriately licensed professionals 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 would be written into the language as well. I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 1893 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 1893, having received the required constitutional majority, is declared passed. Senate Bill 1900. Senator DeLeo. Out of the record. Senate Bill 1908. Senator Maloney. Out of the record. Senate Bill 1920. Senator Garrett. Madam Secretary, please read the bill.
Senate Bill 1920. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett.
Yes. Thank you, Mr. President. Senate Bill 1920 does two things related to the mass transit issue. It requires that all counties who have increased their sales tax a half percent shall make sure that they do an accounting of the total revenue that they receive from this tax increase and then appropriately list the projects that will be paid for out of this tax increase. And then secondly, the bill also allows for disabled people to use mass transit free of charge if they qualify under the Circuit Breaker program. I’ll be happy to answer any questions. 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 1920 pass. All those in favor will vote Aye. Opposed, Nay. The -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 1920, having received the required constitutional majority, is declared passed. Senate Bill 1938. Senator Hunter. Out of the record. Senate Bill 1945. Senator Sullivan. Mr. Secretary, please read the bill.
Senate Bill 1945. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. Senate Bill 1945 amends the Grain -- Grain Code. It allows for the electronic transfers of grain within the Grain Code. Over the years, the technology has expanded, and we need to expand the Grain Code to allow for this new technology.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton, for what purpose do you rise?
Would the sponsor yield?
PRESIDING OFFICER: (SENATOR LINK) Indicates he will.
47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 What’s the Grain Code?
PRESIDING OFFICER: (SENATOR LINK) Senator Sullivan.
Senator Cullerton, that is the statutes that allow for the -- that administer and oversees the -- through the Department of Ag the -- the usage of grain and how it can be transferred and - - and what laws govern the transfer of that grain.
PRESIDING OFFICER: (SENATOR LINK) Senator Dahl.
Thank you, Mr. President. This bill passed the Ag Committee unanimously. It’s a good bill. We need an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 1945 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 1945, having received the required constitutional majority, is declared passed. Senate Bill 1958. Senator Clayborne. Out of the record. Senate Bill 1959. Senator Clayborne. Out of the record. Senate Bill 1960. Senator Clayborne. Out of the record. Senate Bill 1985. Senator Raoul. Out of the record. Senate Bill 1988. Senator Harmon. Out of the record. Senate Bill 1992. Senator Althoff. Mr. Secretary, please read the bill.
Senate Bill 1992. (Secretary reads title of bill) 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
Thank you, Mr. President. Senate Bill 1992 creates the farmland preservation. What it does, actually, it provides counties, with the exception of Cook, to levy a tax of not more than .05 percent by a front-door referendum for the purpose of a farmland preservation fund. In many of the areas where there’s a great deal of development, it’s very important for counties to have a mechanism so that they can create monies to purchase that land to keep it in agricultural use. There seems to be some confusion with regard to what this bill does. This is only a funding mechanism. It does not create the program. The program is created by each individual county and meets the standards and parameters of what that county wants it to be. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LINK) She indicates she will.
Thank you. Senator, I understand what you’re wanting to do. I understand that this is by front-door referendum so that voters have to approve establishing the tax. Correct? My…
PRESIDING OFFICER: (SENATOR LINK) 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Senator Althoff.
Yes -- yes, sir, that is correct.
PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.
Thank you. Well, a question that I have is, is there a limit to the number of acres that the county board, for instance, can put into their farmland preservation program? Or -- I think you indicated that -- that the way the program’s designed is left up to each county board or each local entity. But I -- I have a concern that -- that there might be a -- a somewhat overzealous county board that might like to kind of eat up some of that farmland themselves.
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
Well, as we know, this Body always talks about the importance of local control. And the -- the -- again, the program is created by each individual county. So, obviously, in areas, perhaps in central and southern Illinois, they’ll choose not to do this at all because it’s very important to them to have more development. In areas like McHenry County, where we’ve experienced an explosion, there’s a very important aspect to try and keep some land in agricultural use, and that’s what this program will allow them to do. I also missed a very important point in noting that the same criteria for a front- door referendum to establish the program can be used to abolish the program. 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
PRESIDING OFFICER: (SENATOR LINK) Senator Maloney.
Thank you, Mr. President. Senator Althoff, I still have the same concern we had in committee relative to the limitations on how long government can hold these development rights. Has that changed? It -- it -- it says that their -- the officials can hold this land designated farmland in perpetuity. Is that correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
Thank you. Again, each individual county will be able to create the parameters for the program. The individuals who appeared before us in committee and made testimony were Kane County representatives, and the Kane County program has used federal dollars, which require -- when you use federal dollars to purchase the farmland, it is required that that land remain in agricultural use in perpetuity. This legislation would allow communities -- or counties another funding mechanism so that they could establish a program that has a little bit more latitude and the property wouldn’t necessarily have to be in perpetuity.
PRESIDING OFFICER: (SENATOR LINK) Senator Maloney.
Thank you. One more question. In -- in terms of the legislation, how much taxpayer money a property owner can be paid for their development rights? Is there any limitation on 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 that?
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
Not in this specific legislation. What this does is just establish the funding mechanism to create the program. I would imagine that would, again, be done at the local level.
PRESIDING OFFICER: (SENATOR LINK) Senator Risinger.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LINK) She indicates she will.
You know, I always get a little nervous whenever these kind of issues come up, and I know this allows the locals to decide and I’m -- I’m usually in favor of the locals deciding. But I get concerned about the building of highways and highways are part of a system, and so one county could stop that kind of growth. My question to you, Senator, is there anything in this bill that will allow the locals to preserve farmland that would stop the construction of new highways in the State of Illinois?
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
Not in this specific legislation. However, my Representative, who is picking this legislation up in the House, has agreed to work on that and make it very clear that that 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 property still could be utilized for public improvement projects.
PRESIDING OFFICER: (SENATOR LINK) Senator Risinger.
I think that it’s very important that we get that in this bill, because we don’t want to end up having the cartoon that shows the road halfway built and then has to be stopped because they can’t go on through a county that has decided they don’t want a road to -- to pass on through, because it’s part of a system.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
The Sponsor yield?
PRESIDING OFFICER: (SENATOR LINK) Sponsor indicates she will.
Senator, the -- the property tax aspect of this - and I know all is you’re doing is creating a funding program to buy these rights or lease them and the purpose is to keep developers from developing them so they maintain as their current use - but when that happens and -- and, of course, this funding mechanism will accelerate the ability for local governments to do that. As that accelerates and when these agreements come into effect, how does that affect the property tax value? Are the property taxes increased because the value of the land is no longer being just valued as farmland and now it’s being valued as development land and they’re being paid for it as development land? 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
First of all, let me be clear that the funding mechanism does not go above the property tax cap. You made me think of that. But the land remains in agricultural use, so the tax currently being collected on that property would be continued to be collected as an agricultural use.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
I guess what I don’t -- what doesn’t seem right about that to me is that this land is not being just used for agricultural purposes. It’s being sold for purposes beyond agricultural purposes. They’re selling off development rights, which seems to me that if that’s the case, it would only be fair to the local municipal government that they would receive the benefit beyond the agricultural use that the landowner’s getting. So, I -- I just -- I kind of wonder about that mechanism. It doesn’t seem to make sense.
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
Actually, the purpose of the legislation is to allow that land to continue to be farmed. So, it would still remain in an agricultural use. And I would -- I would define this as an opportunity for a family farmer to continue to have his property farmed from now until that -- that local entity chooses not to have the farmland in its community. It’s an option. As opposed 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 to having to sell my farm to the only interested individual, which might be a developer, I have an opportunity, as an individual family-owned farm property owner, to keep that land being farmed.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
I -- I understand what you’re saying. My point being is, they not only have to sell these rights, they can lease these rights as well, right? The county could agree to buy it over a period of time and pay so much per year. Is that not correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
It’s a possibility. I have no idea how each individual county would frame their own program. The bill just addresses the opportunity to find another means of paying for that land.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
My point being is, if now the landowner is selling this for something beyond the use of farmland, that we ought to clear up whether or not the local government can tax that. If they’re -- if they’re leasing this land for two purposes, one for farmland and one for the development rights, there’s a value that I think needs to be taken into question and we need to further detail in terms of the assessment. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff, to close. 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
Thank you. I would just note the importance of an opportunity and an option to counties to keep land within their planning area agricultural. It’s a choice by the local entities. This only gives them the funding mechanism if they choose to go forward and want part of their ultimate plan for what their community looks like to include farmland in an agricultural purpose. And I would request an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 1992 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 Ayes, 9 Nays, 3 voting Present. Senate Bill 1992, having received the required constitutional majority, is declared passed. Senate Bill 1995. Senator Bond. Mr. Secretary, please read the bill.
Senate Bill 1995. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Bond.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1995, this bill amends the Illinois Income Tax to provide for the recapture of Illinois income tax deductions taken by a Bright Start or Bright Directions participant if he or she takes a nonqualified withdrawal. Be 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Senator Lauzen.
Thank you, Mr. President. I recommend -- I stand in support of the bill. It received unanimous support in the Revenue Committee. And congratulate the sponsor on his hard work.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 1995 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, 1 voting Present. Senate Bill 1995, having received the required constitutional majority, is declared passed. Senate Bill 2002. Senator Haine. Out of the record. Senate Bill 2006. Senator Sullivan. Mr. Secretary, please read the bill.
Senate Bill 2006. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Sullivan.
Thank you, Mr. President. Last year, when the State of Illinois passed a smoking ban, they put several exceptions to in -- in that ban for -- to allow smoking, and one of those exceptions was private and semi-private rooms in nursing homes. 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Well, we come to find out that -- that that does not cover veterans homes, because federal law does not allow smoking in private and semi-private rooms at a veterans home. So, this amendment makes an exception to the smoking ban for -- which creates common smoking rooms in long-term care facilities operated under the authority of the Illinois Department of Veterans’ Affairs, which basically mirrors federal -- federal law. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Thank you, Mr. President. To the bill, briefly: Just to let the Members on our side of the aisle know, this bill did pass out of the Executive Committee unanimously. This has been a -- a divisive and contentious issue, but this is one, I think, on which we can all agree. Thank you.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2006 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 2006, having received the required constitutional majority, is declared passed. Senate Bill 2013. Senator Garrett. Mr. Secretary, read the bill.
Senate Bill 2013. (Secretary reads title of bill) 3rd Reading of the bill. 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett.
Yes. Thank you, Mr. President. What this bill does is lists the years that special education reimbursements will be included in the statute.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2013 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 2013, having received the required constitutional majority, is declared passed. Senate Bill 2033. Senator Koehler. Out of the record. Senate Bill 2052. Senator Haine. Out of the record. Senate Bill 2080. Senator Cullerton. Mr. Secretary, please read the bill.
Senate Bill 2080. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill comes from the National Conference of Commissioners on Uniform State Laws. It deals with the UCC. It makes specific changes to the general provisions of Article 1, provisions addressing documents of title in Article 7, and other substantive 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 provisions in the Uniform Commercial Code. A number of states have already passed these. More than -- more than half. Three- fifths of the states, I believe, have passed this. It is supported by the -- not only the Uniform Laws {sic} (Law) Commissioners, but the bar -- all the bar associations. And I refuse to answer any questions on this bill, because it’s too complicated. So, I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Sullivan, for what purpose do you rise?
A question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) He indicates he might yield.
Senator, what -- what is the Uniform -- Uniform Commercial Code? And with reference to warehouses, are we talking about warehouses within the Grain Code?
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton.
Well, there would be entire law classes that deal with the Uniform Commercial Code. It was known in law school as UCC - UCC. UCC. And we actually did put an amendment here for the warehousers so that they’re not in -- in this bill anymore. And that’s, again, the last question I -- I’m going to answer about this bill.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2080 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 2080, having received the required constitutional majority, is declared passed. Senate Bill 2085. Senator Silverstein. Out of the record. Senate Bill 2090. Senator Garrett. Mr. Secretary, please read the bill.
Senate Bill 2090. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Out of the record. Senate Bill 2097. Senator Wilhelmi. Out of the record. Senate Bill 2098. Senator Wilhelmi. Mr. Secretary, please read the bill.
Senate Bill 2098. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2098, as introduced, authorizes the Illinois State Treasurer to create the State Treasurer Financial Education and Savings Not-For-Profit Corporation. The purpose of this Corporation will be to promote financial literacy and savings amongst our residents here in Illinois. It’ll issue grants and scholarships for educational purposes and engage in 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 other endeavors consistent with the purpose. We all know the - the hard reality and that is that many of our families are losing their homes. Many of our families have not done what they need to do to have proper savings so that they can retire later in life. And what this bill will do - and it’s an initiative of our State Treasurer Alexi Giannoulias - is it will allow for corporations and other folks - individuals, the public sector - to make contributions that will go into a fund and those moneys will be used to help our citizens, our residents, with financial literacy, with how to avoid a bad mortgage and with how to save properly. I know of no opposition. I think it’s an excellent program initiated by our State Treasurer. And I’d be happy to answer any questions. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2098 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 2098, having received the required constitutional majority, is declared passed. Senate Bill 2105. Senator Clayborne. Mr. Secretary, please read the bill.
Senate Bill 2105. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Out of the record. Senate Bill 2110. Senator Wilhelmi. Out of the record. Senate Bill 2111. Senator Wilhelmi. Out of 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 the record. Senate Bill 2112. Senator Koehler. Senator Koehler. Out of the record. Senate Bill 2113. Senator Radogno. Out of the record. Senate Bill 2118. Senator Raoul. Out of the record. Senate Bill 2129. Senator Wilhelmi. Out of the record. Senate Bill 2148. Senator Watson. Out of the record. Senate Bill 2158. Senator Risinger. Out of the record. Senate Bill 2161. Senator Haine. Mr. Secretary, please read the bill.
Senate Bill 2161. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Haine.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. This is a bill which is an initiative of the County Clerk/Recorder of Deeds. It involves a marriage license. It came to the -- the attention of several county clerks and recorders when the offices are combined that occasionally people will obtain a marriage license in a county and then inadvertently they’ll be actually married -- the ceremony will take place in another county. It happens, for example, in my county, if someone gets a license in Edwardsville, but they have a marriage at Pere Marquette State Park. It’s inadvertent. All it does is say that these are not void ab initio, voidable marriages simply because of an inadvertent failure to be married in the license {sic} for which one is licensed.
PRESIDING OFFICER: (SENATOR LINK) 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Senator Rutherford.
Would the sponsor yield?
PRESIDING OFFICER: (SENATOR LINK) Indicates he will.
Senator Haine, those people that got the license in one county and got married in another county, are they married?
PRESIDING OFFICER: (SENATOR LINK) Senator Haine.
Senator, is that theologically or legally?
PRESIDING OFFICER: (SENATOR LINK) Senator -- I think this is a question -- answering a question. Senator Rutherford.
First of all, are they legally married? And were they related beforehand?
PRESIDING OFFICER: (SENATOR LINK) Senator Haine.
Senator Rutherford, to be precise, the problem -- the reason why we’re bringing this bill in is that technically the marriage is voidable. And there could be ramifications if, for example, people fall out of love. That happens occasionally. And we would like the -- we would like to avoid those situations where artful lawyers representing litigants do not seize upon this to argue for an annulment.
PRESIDING OFFICER: (SENATOR LINK) 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Senator Rutherford.
Was this brought to you by one of the father-in-laws, or a -- a mother-in-law, perhaps?
PRESIDING OFFICER: (SENATOR LINK) Senator Haine.
…sir -- no, sir. This was brought to me by the County Clerks and Recorders. And they’re concerned about the institution of marriage, because they issue the license.
PRESIDING OFFICER: (SENATOR LINK) Senator Rutherford.
Senator Haine, I think you have a fine bill and I would encourage the Chamber to vote for this thing.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR LINK) Indicates he will.
Does this cover a situation where someone was inadvertently married?
PRESIDING OFFICER: (SENATOR LINK) Senator Haine.
No, Senator, it does not. That’s another issue. And it’s a -- it’s a -- it’s an issue and I don’t believe it’s -- I don’t 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 think it’s within the competence of the General Assembly to address those situations.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton.
Would you acknowledge that people can be inadvertently married?
PRESIDING OFFICER: (SENATOR LINK) Senator Haine.
Yes. Yes, I acknowledge that. I’ve seen evidence of that myself. I’m thankful my wife is not here. We’re very happily married. She just left on the train. So, I want that -- that to be clearly set forth in the record.
PRESIDING OFFICER: (SENATOR LINK) I think, Senator Haine, to close.
Mr. President, Ladies and Gentlemen of the Senate, I would appreciate, when this comes -- when you call this for a vote, the Members of this Body say “I do.”
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2161 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, 1 voting Present. Senate Bill 2161, having received the required constitutional majority, is declared passed. Senate Bill 2165. Senator Demuzio. Mr. Secretary, please read the bill. 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
Senate Bill 2165. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Demuzio.
Yes. Thank you -- thank you, Mr. President and Members of the Senate. I would like to also, on 2161, be recorded. My button didn’t record. I would like to say I do on -- on Senator’s bill.
PRESIDING OFFICER: (SENATOR LINK) The record shall reflect.
Thank you. Now, to my own bill, 2165, which amends the Public Aid Code regarding the rate of reimbursement adjustments for hospital providers related to medical education. This is to establish an administrative rule to be able to adjust the rate of reimbursement for inpatient and outpatient hospitals in order to eliminate the costs of medical education when such costs are no longer available for federal reimbursement. The adjustment rate shall be no lower than the rate in effect as of the last date this specific rates were frozen in statute. I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2165 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 2165, having received the required constitutional majority, is declared passed. Senate Bill 2179. Senator Clayborne. Mr. Secretary, read the bill.
Senate Bill 2179. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Clayborne.
Thank you. Senate Bill 2179 just extends the Medical Practice Act from expiring December 31st, 2008, to January 1st, 2019.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2179 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 2179, having received the required constitutional majority, is declared passed. Senate Bill 2182. Senator Cullerton. Mr. Secretary, please read the bill.
Senate Bill 2182. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton. 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008
Thank you, Mr. President, Members of the Senate. I introduced this bill at the recommendation of the Illinois Railroad Association. It requires that school bus drivers open the service door and the driver’s window within fifty to fifteen feet of a railroad track before crossing. It actually codifies the administrative rule with regard to this activity and they thought it would be a good idea to have it in the statute. And they believe it’s an important safety measure because school buses are often noisy and opening the door and the window better enables the bus drivers to hear whistles of oncoming trains. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2182 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 2182, having received the required constitutional majority, is declared passed. Senate Bill 2199. Senator Delgado. Mr. Secretary, please read the bill.
Senate Bill 2199. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Delgado.
Thank you, Mr. President, Members of the Senate. Senate 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Bill 2199 with Floor Amendment No. 1 requires the Departments on Aging, Public Health and Healthcare and Family Services to develop a plan to restructure the State’s service delivery system for older adults no later than September 30th, 2009. The plan is required to address health services either in private residences, community settings, or residential facilities. Further, Senate Bill 2199 with Floor Amendment No. 1 requires that the money follows the individual. Funding principles shall not jeopardize the health, safety, or level of care of nursing home residents and shall take into account their individual preference. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2199 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 2199, having received the required constitutional majority, is declared passed. Senate Bill 2231. Senator Harmon. Out of the record. Senate Bill 2232. Senator Cullerton. Out of the record. Senate Bill 2250. Senator DeLeo. Mr. Secretary, please read the bill.
Senate Bill 2250. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator DeLeo. SENATOR DeLEO: 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2250 allows elected or appointed coroner to elect to participate in the -- IMRF pension fund, also known as the sheriff’s law enforcement employee. It’s the SLEP. It allows the conversion of prior service if coroners make a contribution to three percent of earnings. As this Body knows, we’ve passed this three years in a row. I know this is hard to believe, Ladies and Gentlemen, but, once again, it passed out of here last year 57 to nothing and the language was removed in the House and the bill went no place. They used the bill for something else. So, I’d ask this Body, let’s send this bill over once again and hopefully that we’ll get a fair hearing in the House. So, with that, Mr. President, I ask for a favorable roll call on Senate Bill 2250, sir.
PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.
Thank you, Mr. President. To the bill: It’s -- it’s hard to believe that the House wouldn’t take up a fine piece of legislation like this. But, anyway, I just rise in strong support of the legislation. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Lauzen.
Thank you, Mr. President. Just a question for the sponsor. What…
PRESIDING OFFICER: (SENATOR LINK) He -- he indicates he will yield.
71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 What has created the need for the legislation? Is it that the coroners want to go over into the SLEP program?
PRESIDING OFFICER: (SENATOR LINK) Senator DeLeo. SENATOR DeLEO: That’s correct. And, Senator Lauzen, the pension impact note I have here. I got a copy of it. It’s -- the fiscal impact is expected to be minimal, is their line in -- in their impact note.
PRESIDING OFFICER: (SENATOR LINK) Senator Lauzen.
Thank -- thank you very much, Senator. You anticipated my -- my natural question. But then I -- I ask myself: Well, why is it that the coroners would want to go into the SLEP -- SLEP plan? Is it because normally, under the IMRF, the requirement to make the maximum benefit is like working thirty-four years, but over in SLEP, it’s a shorter period of time? And could you fill in the blank as far as how long they have to work to get the maximum benefit?
PRESIDING OFFICER: (SENATOR LINK) Senator DeLeo. SENATOR DeLEO: The regular formula - Senator Lauzen - the regular formula for employees, are eligible to retire at the age of sixty. These employees would be able to retire at fifty-five with thirty-five years of service. That’s the difference, a five- year difference. So, having said that, once again, Mr. President, having very fiscal -- minimum fiscal impact to the 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 pension plan, I’d ask that we move this over again, over to the House.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2250 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 2250, having received the required constitutional majority, is declared passed. Senate Bill 2254. Senator Haine. Out of the record. Senate Bill 2256. Senator Cullerton. Out of the record. Senate Bill 2275. Senator Cullerton. Out of the record. Senate Bill 2282. Senator Luechtefeld. Madam Secretary, please read the bill.
Senate Bill 2282. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. Senate Bill 2282 amends the Illinois Income Tax Act to create an income tax deduction for one hundred percent of the qualified adoption expenses. You know, I -- I think all of us would like to see it -- it easier and -- and certainly more adoptions than -- than we have. I think that’s universally accepted. One of the small things that we can do in Illinois is to make those expenses a deduction on your taxes. It is not a real big hit to the -- to our revenue. It -- there are about five thousand adoptions in 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 144th Legislative Day 4/9/2008 the State of Illinois right now. You’d like to see, obviously, that go up. But, anyway, I -- I hope I can -- I would be happy to answer any questions that people might have on this.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 2282 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 2282, having received the required constitutional majority, is declared passed. Can I get everybody’s attention? I just want to remind you again, Friday has been canceled. I know, due to your disappointment. But it has been canceled. All amendments have to be in Friday. All amendments - no exceptions. And the well will be open to accept amendments Friday. And then we will be going to committees and committees will be starting promptly at 2 p.m. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 2 p.m., Thursday, April 10th, 2008. The Senate stands adjourned. 74