PRESIDING OFFICER: (SENATOR HALVORSON) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desks? And will our guests in the galleries please rise? The invocation today will be given by Pastor Rick Wenneborg, Chatham Christian Church, Chatham, Illinois.
(Prayer by Pastor Rick Wenneborg)
PRESIDING OFFICER: (SENATOR HALVORSON) Please remain standing for the Pledge of Allegiance. Senator Maloney.
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of April 16th, 2008.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.
Madam President, I move that the Journal just read by the Secretary be approved, unless some Senators has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Resolutions.
Senate Resolution 657, offered by Senator Forby. 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 It’s substantive, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Messages.
I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 4374. We have received like Messages on House Bills 4553 and 5141. All passed the House, April 16th, 2008. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, House Bills 1st Reading.
House Bill 4178, offered by Senator Martinez. (Secretary reads title of bill) House Bill 4203, offered by Senator Haine. (Secretary reads title of bill) House Bill 4221, offered by Senator Millner. (Secretary reads title of bill) House Bill 4367, offered by Senator Link. (Secretary reads title of bill) House Bill 4505, offered by Senator Haine. (Secretary reads title of bill) House Bill 4545, offered by Senator Koehler. (Secretary reads title of bill) 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 House Bill 4553, offered by Senator Hunter. (Secretary reads title of bill) House Bill 4646, offered by Senator Noland. (Secretary reads title of bill) House Bill 4668, offered by Senator Haine. (Secretary reads title of bill) House Bill 4674, offered by Senator Risinger. (Secretary reads title of bill) House Bill 4694, offered by Senator Maloney. (Secretary reads title of bill) House Bill 4724, offered by Senator Harmon. (Secretary reads title of bill) House Bill 4745, offered by Senator Martinez. (Secretary reads title of bill) House Bill 4936, offered by Senator Pankau. (Secretary reads title of bill) House Bill 5121, offered by Senator Righter. (Secretary reads title of bill) House Bill -- I’m sorry, House Bill 5141, offered by Senator Martinez. (Secretary reads title of bill) House Bill 5195, offered by Senator Althoff. (Secretary reads title of bill) House Bill 5318, offered by Senator Maloney. (Secretary reads title of bill) House Bill 5363, offered by Senator Clayborne. (Secretary reads title of bill) House Bill 5865, offered by Senator Crotty. (Secretary reads title of bill) 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 House Bill 5882, offered by Senator Harmon. (Secretary reads title of bill) House Bill 5904, offered by Senator Martinez. (Secretary reads title of bill) House Bill 5909, offered by Senator Righter. (Secretary reads title of bill) And House Bill 5954, offered by Senator Jacobs. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR HALVORSON) On the Order of Constitutional Amendments 2nd Reading, Senator Frerichs, do you wish to proceed? We’re at Constitutional Amendments 2nd Reading. Madam Secretary, please read the resolution, as amended, in full for the second time.
Senate Joint Resolution 92, Constitutional Amendment, as Amended by Senate Amendment No. 2. (Secretary reads SJRCA No. 92, as amended by SA No. 2)
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading.
2nd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Now, 3rd Reading. Senator Cronin, for what purpose do you rise?
Yes, Madam President, inquiry of the Chair.
PRESIDING OFFICER: (SENATOR HALVORSON) Please state your inquiry. 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Got here with a certain level of excitement and interest today, because I was -- I -- I picked up the Calendar and I looked at it and I was paging through it and I went back here to the -- the section where there’s supposed to be motions. And you know what? My motion’s not on the Calendar, and my heart sank. And I thought, why? Why, oh why, would the Senate Democrats, Senate President Jones, Senator Halvorson, why would they want to deny the people an opportunity? And you know what? Today is the last day, procedurally, time frame wise. If we don’t move this thing today, it’s not going to happen. So, by your inaction, you are making a statement that the people shall not be given a chance to vote on a recall amendment.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cronin, I share your disappointment. However, I’ve been told that Senator DeLeo really did go to bat for you to try to plead your case. So now that I’m the Senate President today, I’m going to definitely plead your case and see what we can do about it. We’re now going to go to the Order of Secretary’s Desk, Resolutions. We’re on page 18. So if everybody could turn their Calendar to page 18. Senator -- Silverstein, on Senate Resolution 656. Madam Secretary, please read the resolution.
Senate Resolution 656, offered by Senator Silverstein. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Silverstein.
5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 This is the resolution that we had in Executive yesterday, which we disapproved of the Governor’s proposal to consolidate certain agencies. We disapproved Executive Order 2008-01, which transferred certain common administrative functions and common application development functions into various agencies.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Righter.
Thank you, Madam President. To the resolution, please.
PRESIDING OFFICER: (SENATOR HALVORSON) Please proceed.
Thank you, Madam President, Ladies and Gentlemen of the Chamber. I would join Senator Silverstein with regards to Senate Resolution 656, which was presented in Executive Committee yesterday. As -- Senator Silverstein mentioned, in a bipartisan fashion, the Senate Executive Committee recommended to this Chamber that we not approve of the Governor’s Executive Order. I think that there is a -- very much a bipartisan feeling the Governor’s Office has not exhibited the management skills necessary to give us confidence that this will be carried forward in an appropriate manner, nor in a manner that would actually save the taxpayers’ dollars. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? It is the Chair’s prerogative to require a roll call on this resolution. So, Senator Silverstein, do you wish to close?
6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 A Yes is a Yes… No, I just -- I would appreciate a Yes vote. A Yes vote is a No vote against the resolution. So I want to get that clear.
PRESIDING OFFICER: (SENATOR HALVORSON) To further clarify, if you agree to disapprove of the Executive Order, is what the motion is, so you will be voting Yes. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 Yeas, 2 voting Nay, none voting Present. Senate Resolution 656 is adopted. Senator Kotowski, for what purpose do you rise?
Good morning, Ms. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
It gives me great pleasure to introduce a -- a good friend of mine, Alan Kotlyar, from Skokie, Illinois. He goes to the Science and Arts Academy in Des Plaines. He’s joined here today by his -- his father, Yefim, and his mother, Lina. Could you please stand up? Alan -- Alan’s here for the Page for the Day. He’s in fourth grade. He’s a wonderful young man. He’s one of our future leaders in the State of Illinois. Could you please give him and his mom and dad a great Springfield welcome?
PRESIDING OFFICER: (SENATOR HALVORSON) Welcome to Springfield. And will our guests in the galleries please rise? Senator Risinger, for what purpose do you rise?
7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you, Madam President. Senator Peterson won’t be here today, because his mother, back in the district, is celebrating her hundred and first birthday today. And -- isn’t that special? And she’s not in a nursing home. She’s in good health and he’s there helping her celebrate.
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator. We wish her all the best. Senator Noland, for what purpose do you rise?
Thank you, Madam Chair, Ladies and Gentlemen of the Senate. It’s my great privilege and pleasure to introduce to you today a friend and neighbor of mine who is serving as a Page, Chloe Steffen, from Elgin, Illinois. Attends Larsen Middle School. Enjoys tae kwon do, plays piano, and is an excellent student there at Larsen Middle School. I ask you to give her a warm Senate welcome.
PRESIDING OFFICER: (SENATOR HALVORSON) Welcome to Springfield. Our next resolution is Senate Joint Resolution 65. Senator Clayborne. Senator Clayborne. Senate Joint Resolution 65. Senator Jones, on Senate Joint Resolution 76. Senator Emil Jones. Senator Emil Jones, on Senate Joint Resolution 82. Senator Lightford, on Senate Joint Resolution 90. Senator Miller {sic} -- Senator Harmon, on -- House Joint Resolution 49. Top of page 19. If everybody could turn their Calendar to page 12, we will be going to House Bills 3rd Reading. Senator Harmon. Senator Harmon seeks leave of the Body to return House Bill 824 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 3rd {sic} Reading is House Bill 824. 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, on Floor Amendment No. 3.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 3 to House Bill 824 bans State contractors from contributing to the campaign accounts of the elected officeholder, statewide officeholder, who let the contract. This is a ban on pay-to-play politics. I move for the adoption of Amendment 3 and look forward to discussing the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there discussion on the amendment? Senator Harmon moves the adoption of Amendment No. 3 to House Bill 824. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 4, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, on Floor Amendment No. 4.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 4 to House Bill 824 expands upon the base built in the third amendment. It was suggested by Senator Halvorson and President Jones that we add disclosure 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 language so that we can track the contributions of State contractors, even those that are permitted under the ban we enacted in Amendment No. 3. So I would move for its adoption and discuss the bill further on 3rd Reading.
PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion on the amendment? Senator Harmon moves for the adoption of Amendment No. 4 to House Bill 824. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Senator Harmon, for what purpose do you rise?
Thank you, Madam President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
I thought we would be moving to 3rd Reading on that bill. I do want to explain to my colleagues where that stands. I know that if I were to call 824 today, the pay-to-play ban, it would pass unanimously out of the Senate. But we all understand it needs to pass not only the Senate, but also the House. This is not an attempt to delay. Senator Halvorson and I have a meeting scheduled today with Representative Fritchey, the House sponsor. We’re going to talk through our proposal, we’re going to talk through competing proposals, with the intent of arriving on a -- a -- a final product that is, I think, similar to our bill - the 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 -- the -- the best of the ethics bills that have been introduced - but one that will pass both Chambers and move on to -- to the Governor’s Desk. So I wanted to inform my colleagues where those negotiations stand. I appreciate the indulgence, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Harmon, for all your hard work. Senator Martinez, on House Bill… House Bill 1334. Senator Martinez. Senator Martinez seeks leave of the Body to return House Bill 1334 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is ordered {sic}. On the Order of 2nd Reading is House Bill 1334. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. -- No. 5, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Martinez, to explain Amendment No. 5.
Thank -- thank you, Madam President, Members of the Senate. Floor Amendment No. 5 to House Bill 1334 deletes everything after the enacting clause and extends the partnership between the Illinois Future Teacher’s Corps and the Golden Apple Foundation. And I’ll be happy to discuss it further on 3rd Reading.
PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion? Seeing none, Senator Martinez moves the adoption of Amendment No. 5 to House Bill 1334. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Just want to -- remind the Members that this will be the last time we will be going through Senate Bills 3rd Reading. Everybody can open their Calendar to page 10, Senate Bills 3rd Reading. We will be starting at 2723, but with leave of the Body, we will be going down to Senate Bill 2733. Senator Cronin. Senator Cronin. Madam Secretary, read the bill.
Senate Bill 2733. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cronin, please.
Thank you very much, Madam President. This is a bill that was considered before the Local Government Committee and we had a number of interest groups come together and agree on the language in the bill. It was in response to the DuPage Theatre in Lombard story. And this simply seeks to replace… It -- it talks about the redevelopment project cost and that they may not include any project in a redevelopment area where a historic resource is going to be demolished, removed, or substantially modified, unless no prudent and feasible alternative exists. This will prevent TIF funds from being used to tear down a historic building, unless there’s no way around the demolition. I ask for your favorable consideration and I know of no 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 opposition.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Althoff.
Thank you. I would just like the Body to know that Senator Cronin worked very carefully with the TIF association on this legislation. And I, too, would urge an Aye vote. It came out of committee unanimously.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 2733 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 53 Yeas, none voting Nay, none voting Present. And Senate Bill 2733, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll return to 2736. Senator Noland, on 2743. Madam Secretary, read the bill.
Senate Bill 2743. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2743, as amended, amends the Tax Increment Allocation Redevelopment Act in Illinois -- the Illinois -- under the Illinois Municipal Code. In the definition of -- it revises the definition of “redevelopment project costs”, 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 including a fire protection district’s increased costs attributable to the redevelopment project area. Sets forth a method of calculating amounts to be paid to the fire protection district. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Althoff.
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Thank you. Senator Noland, can you tell me, will this affect all fire districts or fire protection areas that are located within municipalities? How -- how does that distinction work on this legislation?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.
It does affect those fire protection districts and fire protection -- fire departments within municipalities. And there’s -- there’s little distinction as between a municipality and a fire protection district. They will -- they will both be subject to the statute.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.
Point of clarification. I would say the TIF districts that have municipalities with fire districts associated within the municipality that are municipal fire districts will not be 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 affected by your legislation. It’s only going to be fire protection districts that will be affected by this legislation.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.
It’s my understanding that both the fire protection districts and the fire departments within municipalities are both affected by this legislation, okay, whether they’re currently subject to a TIF district or not.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.
So, I guess my next question would be, are you telling me that if there is a fire department located within a municipality that now has established a TIF district, that they can negotiate with their own city council to get more money for the fire department, as opposed to letting the municipality make that decision?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.
Thank you very much for the question. For point of clarification: If there’s a current intergovernmental agreement, that current intergovernmental agreement will stand.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.
Okay, one more time, and I’m probably not making myself clear. Are you telling me that this legislation will allow a 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 municipal fire department to negotiate with their own city council for more moneys from the TIF district in that budget? I understand how this works for fire protection districts, but I’m concerned about the municipal departments.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.
That’s not our understanding, but the… Oh, does that answer your question? I mean, the fact that the -- the districts -- or, excuse me, the fire departments, okay, in the future will be able to negotiate. Okay, the fire protection districts as well, in the future, will be able to negotiate, and currently fire protection districts in and of themselves, not subject to any intergovernmental agreement…
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.
…will be able to negotiate.
So, what you’re telling me is that those -- those -- the -- the fire chief and the actual fire employees will be able to go and negotiate with their city councils to get more money for their department, as opposed to allowing that city council to make a determination of their own municipal budget and -- and how those moneys are allocated to individual departments - fire, police, public safety?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.
16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Not for current intergovernmental agreements. Not for current TIF districts that have already been established, but for future TIF districts, yes.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.
I’ll leave this questioning, but I think you need to clarify that. I think you’re wrong. I think that this legislation really only is for the availability of fire protection districts who are not affiliated with a municipality, are not departments. I think this allows them to go and negotiate with municipalities to get some of those moneys. But in addition to that, can I ask, is the TIF association okay with this legislation?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.
My understanding… I have not… I understand that is an ongoing process, okay? And if there are any further questions, we’d certainly tried to work these out in the House. Okay? But I think I’ve answered your question.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.
To -- to the bill: This is a work in progress. I’m going to vote Yes to have it leave the Senate to go over to the House, but I do ask that you honor your commitment to committee and continue to work on this. It really needs some substantive work. So, I’m certain that you and I’ll be meeting in the 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 future to make sure that, as it goes through the House, it becomes a better bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 2743 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 45 Yeas, 7 voting Nay, none voting Present. And Senate Bill 2743, having received the required constitutional majority, is declared passed. Senator Noland, on 2744. Madam Secretary, read the bill.
Senate Bill 2744. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.
Thank you, Madam President. Senate Bill 2744, as amended {sic}, amends the Municipal Code. Provides that any municipality may require that all firefighters hired by the municipality on or after the effective date of this amendment -- this Act meet certain licensure requirements.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Burzynski.
Thank you. I -- I’m looking at my -- excuse me, will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HALVORSON) 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Sponsor indicates he’ll yield.
Thank you. Senator, I’m looking at my analysis and the way I’m looking at this, it says that the municipality may require - that it’s not mandated. But you’re saying -- are you saying there are new requirements or that the municipalities may require those things?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Noland.
Thank you, Senator. The -- the operative word there is “may”. It is permissive.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, the question is, shall Senate Bill 2744 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 52 Yeas, none voting Nay, none voting Present. And Senate Bill 2744, having received the required constitutional majority, is declared passed. Senator Noland, on 2745. Senator Althoff, on 2749. Madam Secretary, read the bill.
Senate Bill 2749. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Althoff.
19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you. Senate Bill 2749 provides that fire protection districts, townships and municipalities that provide fire protection services may fix, charge, and collect reasonable fees for technical rescue services. Currently under statute, they can collect fees and charges for specialized rescue services, but not technical rescue services. And since 9/11 our fire departments are required to do a lot more services - high rescue extractions, more hazmat, et cetera. And they just want to be able to have the statute clarified so that they can also collect fees and charges associated with those services. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2749 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 51 Yeas, none voting Nay, none voting Present. And Senate Bill 2749, having received the required constitutional majority, is declared passed. Senator Noland, on 2750. Senator Haine, on 2760. Madam Secretary, read the bill.
Senate Bill -- Senate Bill 2760. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Thank -- thank you, Madam President, Ladies and Gentlemen 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 of the Senate. This is now a Architecture Practice Act and Professional Engineering Practice Act. It extends the sunset on both of those that’s scheduled for next year. It also changes some -- various provisions, which -- which require that architectural plans must be approved by an architect that -- who designed them. It has some procedural changes in the -- the IDPFR {sic}, investigating complaints against engineers and architects, and there’s some other things in it. IDFPR is listed as an opponent, but they are no longer an opponent. The Society of Professional Engineers and the American Council of -- of Engineering is working with them to work out any differences. So this is still a work in progress. It’s a complicated effort. And when this goes over to the House, it will surely be amended. There’s another group out there - the fire sprinkler folks are not happy with it. They want to have a provision in there allowing them to design fire sprinkler systems, which seems to be a great bone of contention between the architects and the engineers. That controversy will also roll over to the House. I frankly was at a loss to -- to figure out how…
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Luechtefeld.
Thank you, Madam President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator, just this morning, I received several calls from a -- several different fire chiefs in my district. And why are they opposed to this? 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Senator, I have no idea. I have no idea why a fire chief would be opposed to an engineering and architectural practice bill. I have no -- no idea. What -- what I suspect is that the fire sprinkler folks are calling their friends in the fire services to call Senators to vote against an engineering practice Act and an architectural practice Act, because they were not accommodated in their desire to -- to be the last word on design. And the way the -- the -- the -- the -- the law and custom has been, the architect and the engineers are the one who decides what is good in a building. Again, they have a -- this is not intended to put any fire sprinkler service company out of business, but there has to be a -- a place where the buck stops with professionals. And this is an engineer’s bill and an architect’s bill. I -- I mean, I have no idea why a fire chief, other than what I’ve just said to you, would call you up and say they’re opposed to this bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld.
Well, Senator, it -- it must have something to do with zoning and the ability to zone and override certain -- ‘cause that was mentioned by a couple of them.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Senator Luechtefeld, I don’t know anything in this bill 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 that relates to zoning. The -- the fire sprinkler folks want to have the last word on the design of fire sprinkler systems in large buildings. The engineers and the architects say that that is their job. They are trained through university education, and everything else, to do -- to do so. I -- and, again, I don’t want to put anybody out of business and this doesn’t do that. But how to carve them out and make them the last word so an architect would have to take a fire sprinkler design from someone who’s not an engineer or an architect, to me, as a lawyer, is somewhat incomprehensible. But this -- but to answer your question, this has nothing to do with zoning.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Luechtefeld.
You know, again, I don’t know a whole lot about the bill, but I do know that it does sound like it has an awful lot of problems, and you are comfortable that the House will straighten all those out?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Well, that’s -- Senator, that’s a loaded question. But I do -- I will tell you that this is not the final word. This bill will be -- be amended. We had an amendment prepared, Amendment No. 3, but I would -- I did not proceed with that because it created more problems with the fire sprinkler people. And so, yes, to answer your question, I’m confident that we’re all going to be at -- at the -- at the table. Dr. Miller, Representative Dr. Miller, is handling the bill and it -- it 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 will get a thorough review in the House where we can accommodate all these things. This is an engineering/architectural practice Act bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator John Jones.
Oh, thank -- thank you, Madam President. I’m sorry about that. You know, this -- this bill is a work in process, really. You know, we’re going to continue to work on it as it goes over to the House. But, as Senator Haine explained about the -- the fire chiefs calling today - that just floors me, ‘cause I haven’t had any call me - but I think Senator Haine hit it right on the head of why they’re calling, because they want to have some input in designing these sprinkler systems and the like, and they’re not qualified to do it. But, you know, we’ll -- we’ll listen to ‘em as we go through this process. But I think everybody should support this bill. Came out of Licensed Activities unanimously. And -- and it is a work in process. We’re -- we’re going to do some work on it over in the -- in the House and it’ll come back to us again. So, thank you. I…
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Risinger.
…just -- yeah, I just want to add my voice to the support of this bill. I think Senator Haine has done a great job of explaining it. This is an extension of the architects’ and the engineers’ professional Act and -- and needs to be done. A lot of work has been put into it and there’s going to be some more tweaking of -- of it. And the sprinkler systems are usually put 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 in by code, which the architects follow or the engineers follow. And that’s where it should be.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine, to quickly close.
Okay. I -- I would ask for an Aye vote to proceed with this. No one wants to put anybody out of business. The fire sprinkler people have an area of expertise, which will be respected in the bill, but this is an architectural/engineering bill and I would ask the indulgence of the Senate to move it forward.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 2760 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 50 voting Yea, 2 voting Nay, 1 voting Present. And Senate Bill 2760, having received the required constitutional majority, is declared passed. Top of page 11. Senator Harmon, on Senate Bill 2783. Senator Harmon seeks leave of the Body to return Senate Bill 2783 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2783. Mr. Secretary, have there been any amendments approved for consideration?
Yes, Madam President. Floor Amendment No. 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, to explain your amendment. 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor -- House -- Floor Amendment No. 2 becomes the bill. I’d move for its adoption.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Murphy, do you wish to speak on the amendment? Senator Harmon moves to adopt -- moves the adoption of Amendment No. 2 to Senate Bill 2783. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, on Floor Amendment No. 3.
Thank you, Madam President. Floor Amendment No. 3 offers some modest technical corrections and adaptions from the first amendment. I’d move for its adoption.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon moves for the adoption of Amendment No. 3 to Senate Bill 2783. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2783. Mr. Secretary, read the bill.
Senate Bill 2783. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. As amended, Senate Bill 2783 is an initiative of the Illinois Commerce Commission. It grants the Commission authority over the marketing practices of alternative retail gas suppliers and prohibits misleading, false or deceptive marketing practices. We’ve been working with the industry. Work will continue in the House. Although there is no opposition to the bill at this point, we are trying to make it a better bill. And I look forward to getting that work done in the House. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Risinger.
Thank you, Madam President. This is a good consumer protection bill. It moved through Energy and Environment, and I recommend an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 2783 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 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, none voting Present. Senate Bill 2783, having received the required constitutional majority, is declared passed. Senator Harmon, on 2784. Mr. Secretary, read the bill.
Senate Bill 2784. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2784 amends the Code of Civil Procedure. It is intended to address that very narrow and unusual case where a defendant has died prior to the filing of the lawsuit, where the plaintiff knows that the defendant has died, but the defendant has not established an estate. Because you may not sue a dead defendant, that leaves the plaintiff at the courthouse door unable to file suit. This would codify a court decision. It, as introduced, is an initiative of the Illinois Trial Lawyers Association. We’ve been actively negotiating with the insurance representatives, who have concerns about the bill. I have an amendment drafted in hand. We are working that through the process to make sure all parties have signed off. I hope we reach an agreement and can deal with it in the House. But those negotiations will continue in good faith.
PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion? Senator Murphy. 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
…you -- thank you, Madam President. To the bill: I just wanted to commend the sponsor for his work with both sides on this. My understanding from being involved in this is that there has been significant movement. We are getting close. Let’s get this out before the deadline and keep working on it in the House. I’d -- I’d urge an Aye vote on our side of the aisle.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Hultgren.
I would echo that as well. I -- I was the sponsor of this bill last year. It is a challenging issue. There’s a lot of complexity to it. But I really do appreciate the sponsor and his hard work. I do feel like both parties have been meeting together. We’re very close to having this together, from what I understand. So, I also would urge an Aye vote on this.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, to close.
Thank you, Madam President. I’d -- I’d like to thank Senators Murphy and Hultgren. Senator Hultgren did carry this bill last year. And I think but for his hard work, even though it didn’t result in passage, we wouldn’t be in this position today. So thank you both for your work and let’s send it over to the House and finish it up.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 2784 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 46 Yeas, 2 voting Nay, 1 voting Present. And Senate Bill 2784, having received the required constitutional majority, is declared passed. Senator Harmon, on 2786. Mr. Secretary, read the bill. Mr. Secretary -- Senator Harmon seeks leave of the Body to return Senate Bill 2786 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2786. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, on Floor Amendment No. 1.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 responds to the modest opposition to the bill. I move for its adoption.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon moves for the adoption of Amendment No. 1 to Senate Bill 2786. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill -- 2786. Mr. Secretary, read the bill. 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Senate Bill 2786. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2786 is an initiative of the Illinois Land Title Association. It’s designed to ensure that at a real estate closing, all of the funds presented are good funds, negotiable funds, and result in cash in hand for the parties. With the amendment, we have addressed concerns raised by the Bankers Association. I believe conversations will continue in the House. But there is no opposition to the bill in its current form and I’d ask your -- for your Aye votes.
PRESIDING OFFICER: (SENATOR HALVORSON) The discussion is -- the question is, shall Senate Bill 2786 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 51 Yeas, none voting Nay, 2 voting Present. And Senate Bill 2786, having received the required constitutional majority, is declared passed. Senator Harmon, on 2788. Mr. Secretary, read the bill.
Senate Bill 2788. (Secretary reads title of bill) 3rd Reading of the bill. 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2788 amends the Park District Code {sic}. Today, the Chicago Park District leases their administrative office space. They have an opportunity, as a part of a conversion to a office condominium arrangement, to purchase their office, which would save taxpayers a good deal of money in the long run. Unfortunately, without a statutory change, they have absolutely no authority to sell that office space once they buy it, should they ever need to, and they cannot enter into that transaction unless they know they could dispose of it. This makes that modest change. I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HALVORSON) Any discussion? Senator Althoff.
Thank you, Madam President. To the bill: This did come out of committee unanimously. It’s a good bill and I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall Senate Bill 2788 pass. 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 53 Yeas, none voting Nay, none voting Present. And Senate Bill 2788, having received the required constitutional amendment -- constitutional majority, is declared passed. Senator Harmon, on 2799. Senator 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Bond, on 2820. First of all - excuse me, Senator Bond - Senator Maloney, for what purpose do you rise?
Thank you, Madam President. Could you please have me recorded as a Yes vote on 2788?
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Maloney. The record will reflect your intention. Senator Demuzio, for what purpose do you rise?
Yes. Thank you, Madam President and Members of the Senate. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
Yes. Behind you in the President’s Gallery, we have visiting with us the advanced government class from Southwestern High School, Piasa, Illinois. And if we could have you students stand and get a good look at all of us, we’ll get a good look at you. So, thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Will our guests in the gallery please rise? Welcome to Springfield. Senator Althoff, for what purpose do you rise?
Thank you, Madam President. I, too, inadvertently mispressed or didn’t press hard enough my Yes button. Can I be recorded as voting Yes on 2788 as well?
PRESIDING OFFICER: (SENATOR HALVORSON) Your -- the record shall so reflect your intention. Senator Bond, on 2820. Mr. Secretary, read the bill. 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Senate Bill 2820. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Bond.
Thank you, Madam President. This bill is referred to as the Homestead Assessment Transparency Act. The bill will bring a new disclosure for property assessments across the State. This is a -- a collaborative effort with Members from across the State, supported by the Chief County Assessor’s Office. I ask for a favorable vote. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Pankau.
Thank you, Madam President. To the bill: I would urge an Aye vote on this bill. Senator Bond has listened admirably to all those that did not like his first version and really got to the heart of what are we trying to accomplish and why are we trying to put it there. And this amendment that is on there now accomplishes all of those things. It gives the voters out there much more information about why exactly things are being assessed the way they are. And that can only help the situation. I urge a strong Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Lauzen.
Thank you, Madam President. I would also like to 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 congratulate and thank Senator Bond, who has demonstrated remarkable flexibility and accommodation to all the interests in the debate about property taxes. So I also recommend an Aye vote and thank you very much for your work. At some point, I hope that in working together with the task force that Senator Link is putting together on property taxes, hopefully we can provide some real relief by even rolling back and freezing rates in Illinois, as they’ve done in some other states. So thank you very much for your leadership role.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Wilhelmi.
Thank you, Madam President. And I, too, rise in strong support of the sponsor’s bill. And I also want to echo what Senator Pankau and Senator Lauzen have said. Senator Bond took this issue, had some difficulties at the beginning, worked through those difficulties and listened to the people who are going to be impacted by this, assessors all over the State of Illinois and especially my assessor in Will County. I commend you for your work on this. Thank you for being very flexible and also looking out for the interests of both the taxpayer on a transparency issue and the folks that work in county government to make sure that it’s not overly burdensome. Well done, Senator.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Dillard. Senator Bond, to close.
Thank you. I’d just like to publicly express appreciation 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 for the Bloomingdale Township Assessor, Hank Gianvecchio, who really rolled up his sleeves and helped craft a better bill. I’d just like to ask for a favorable vote. And we -- we intend in the House to push the effective date out to January ‘09 to allow for one more cycle in order for them to prepare the technology to implement the new disclosure. Again, thank you and ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall Senate Bill 2820 pass. 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 53 Yeas, 1 voting Nay, 0 voting Present. And Senate Bill 2820, having received the required constitutional majority, is declared passed. Senator Dillard, for what purpose do you rise?
Thank -- thank you, Madam President, and good morning. If I could, on a point of personal privilege, I’d like to…
PRESIDING OFFICER: (SENATOR HALVORSON) State your point.
…introduce, in the gallery behind your side of the aisle, Madam President, a group from Hinsdale of gifted education students from the Gifted Education Coop. Their nickname is the GECOs and they have the yellow shirts on. And if we could welcome these gifted young people to Springfield, I’d appreciate it.
Will our guests in the galleries please rise? Welcome to 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Springfield. Senator Cullerton, on Senate Bill 2824. Mr. Secretary, read the bill.
Senate Bill 2824. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
Thank you, Madam President, Members of the Senate. Many of you know that the paratransit functions for disabled folks has been taken over by Pace. So, as a result of that, the idea behind this bill is to add a person to the Pace Board who is from the disability community, and also the fact that Pace doesn’t have any representatives from Chicago, that the disabled from Chicago are now covered by Pace. So that -- what we came up with, in working with Pace, was to have the Commissioner of the Mayor’s Office for People with Disabilities from the City of Chicago shall serve as an ex-officio member. And as Senator Haine knows, that comes from the Latin word, by virtue of office or position. So that ex-officio member would be a voting member of the Board, but they would not be able to be the chairman. So, it’s supported by Pace. It’s supported by the Access Living community -- Access Living which represents the disability community. And I would be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Althoff.
37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Just for a point of clarification, Senator Cullerton. This is an additional Board seat. It doesn’t take the place of any other Board member?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
That’s correct. We add one -- one member to the Board.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, the question is, shall Senate Bill 2824 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 53 Yeas, none voting Nay, none voting Present. And Senate Bill 2824, having received the required constitutional majority, is declared passed. Senator Collins, on 2825. Mr. Secretary, read the bill.
Senate Bill 2825. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2825 basically prohibits any sale, 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 distribution, or offer for sale or distribution a flavored cigarette or any flavored cigarette tobacco product in Illinois. Let me just give a little bit of background. This language was included in a bill, House Bill 1455, that passed out of this Senate 52 to 2 last Session. We brought it back because the -- my colleague, Senator Clayborne, had a bill, Senate Bill 2546, that dealt with false IDs to acquire tobacco products. And because it was bifurcated and he took that portion of the bill, I reintroduced the portion that dealt with flavored cigarettes under Senate Bill 2825. I would ask for the support of my colleagues.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any… Is there any discussion? Senator Righter.
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.
Senator Collins, I know we had some discussion on this matter in committee. It was some time ago and I -- I hope you can spend a little time refreshing my recollection. It -- it’s my understanding there was testimony during committee that there was an agreement among twenty-five or twenty-six or twenty-seven Attorney Generals in the country, including the Illinois Attorney General, with regards to what the tobacco companies could and could not do with regards to marketing. And I think, specifically, the agreement that was engaged in between the Attorney Generals and the tobacco companies went particularly to 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 marketing to children. I am under the impression that your bill is aimed at preventing children -- more children from smoking. Can -- can you explain to the Body why the agreement that the Illinois Attorney General entered into is deficient and why this is necessary?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.
Thank you, Senator. Yes, I would be glad to explain. When the settlement was reached with the Attorneys General -- in fact, the settlement was based on the result of an investigation into a violation of the Master Settlement Agreement by R.J. Reynolds. The reason that we need to go forward and to close the loophole, that settlement only dealt with marketing and only the selling of three brands that were on the market at that time - Camel, Kool and Salem flavored cigarettes. Thus, the legislation that I’m proposing today deals with marketing and selling and distribution and it applies to all companies, not just R.J. Reynolds. The initial settlement just related to R.J. Reynolds. And this -- and the settlement would not have precluded R.J. Reynolds coming back and producing and manufacturing and selling other brands outside of those three included in the settlement, which were Kool, Salem and Camel.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
On the latter point you just made, Senator, have they done that? You said that the agreement wouldn’t have precluded them. Have they done that? Or is this kind of a preventative measure 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 to say, there -- were -- this is not covered by the agreement, therefore we need legislation to do it?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.
This is a preventive measure that’ll pull in all industries. It could be Lorillard. It could be Philip Morris. So this includes all -- this would prohibit any cigarette manufacturer from coming back with flavored cigarettes. And, yes, the agreement would not have prevented them from coming later and developing another flavored cigarette. So this is preventive and prohibitive for other companies that might have an idea of coming forward with flavored cigarettes.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter.
Thank you, Madam President. Last question I have for you, Senator. Have you spoken with the Attorney General about this matter? And if you have, can you give the Body her view on the Attorney General’s agreement and whether or not she thinks it’s deficient and that’s -- and whether this legislation is necessary? Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.
The A.G. Office -- I did not speak specifically with her, but I think the American Lung Association had talked with the A.G.’s Office and they felt this was a very good measure to move forward to protect the children from the hazard of the toxic 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 products of cigarette smoking.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Brady.
Thank you, Madam President. I stand in opposition to the lady’s initiative. I don’t -- I don’t disagree with her that we need to do all we can to prevent youth smoking, but I think we do have to realize that smoking is legal in this State in certain places, although restricted. And in an effort to do what you want to do, I’m told that over thirty Attorney Generals around this State {sic} have entered into a voluntary agreement with the industry to make sure that the industry wasn’t preying on youth smokers. I think we would be better served to leave it to those types of agreement versus creating a different environment in Illinois. And I would ask people to respect the Attorney General’s Office’s interest in this and her ability to work with other Attorney Generals and the industry to come to an agreement that wouldn’t require this. Please vote No.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Lauzen.
Thank you very much, Madam President. I think that rather than asking a question, just a statement on the bill. I think that Senator Righter’s concerns are perhaps more subtle or sophisticated. Actually, I do have a question. I do have a question.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.
42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you. To what degrees will we go in telling folks, you know, basically how to run their lives? Are we going to make beer and alcohol, which sometimes leads to alcoholism, less flavorful or tasty or make the products less -- because it can lead to something bad? You know, I don’t smoke, I drink very little, but for the folks who want to enjoy a cigar or cigarette, how far do we take these things before we have State government and federal government running everything in our lives and the -- the -- perhaps small pleasures or relief that people have in their lives? Who are we to tell other people? If -- I guess if we’re not just going to say, it leads to alcoholism, you don’t do it, and -- and what state -- you know, it leads to lung cancer, you don’t do it. How far are we going to go on all this?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.
First of all, let me go back to Senator Brady’s question. If the Attorney General has made the agreement, or -- and the people -- and the industry is saying that they’re -- will voluntarily working to curtail the enticement of youth, I see no problem in codifying it. Since they’re already doing it, why not codify it. But we know that that settlement only related to R.J. Reynolds - that’s the only industry - and it was only in marketing, not in selling. And so there’s a large loophole there. As far as who am I to tell our youth or the government to intercede or intervene? The question -- or the answer -- my response is, I have a responsibility as a legislator to protect the health of our youth. Various studies have come out. 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Basically, the Harvard School of Public Health has indicated a study of the tobacco industry documents found that cigarette manufacturers developed candy-flavored cigarettes specifically to target the youth market. The study authors concluded that flavored cigarettes can promote youth smoking initiation and help occasional smokers to become daily smokers by reducing or masking the natural harshness and taste of tobacco smoke and increasing the acceptability of a toxic product. I think I do have a obligation and I have accountability to my constituents and to the youth that are in this gallery now. We know that adults are not enticed to candy-flavored cigarettes. We worked on this bill. Your side of the aisle voted for it - the language before, when it was in 1455 - so I’m a little bit complex -- or amazed that now there’s so much opposition to it. So I stand on my argument that we have an obligation. This is a public health issue and I’m here to protect the youth that are in the galleries today and the youth in all our districts.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lauzen.
But, Senator Collins, your bill does not restrict to just youth. If I’m not mistaken, I believe that it’s flavored cigarettes or flavored liquor or flavor -- behavior that other people don’t think are appropriate. It’s not just the youth - as you point out to the gallery during your speech - it’s flavored cigarettes to all people, including adults. Isn’t that accurate?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins. 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
The studies have indicated -- the Roswell Cancer Institute indicated that flavored cigarettes -- in a thirty-day period in which they did a sample study, that flavored cigarettes was only -- for those over twenty-five, only about six percent were interested in smoking flavored or candy-flavored cigarettes. But the majority of -- or -- of the customer or the client enticed by flavored cigarettes, between the ages of fifteen and nineteen was twenty-five percent in a thirty-day trial period, were those children or youth between fifteen and nineteen. We made the exception -- when we had the legislation before, there came a question: Would you exempt menthol cigarettes -- menthol flavorings? We did that. So, again, I just say that I think this is a little bit of subterfuge here. I don’t know who’s working the bill on that side, but I would hope that the people that stood to support this legislation previously would be -- stand on their word and their integrity and their commitment to the legislation. It has not changed, so I would ask for your support.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lauzen, could you wrap it up, please?
That’s -- this is it. Just my -- my -- my final thought is that we have to balance our own desire to do good things. And I certainly respect you, Senator, always have. I -- and I -- I also respect what you’re attempting to do. But we have to balance that with the encroaching increase of power of government - and, frankly, not exhibited the most competent government in Illinois over the last five years. We have to 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 balance the power of -- our power of government in individuals’ lives. So, I recommend a No vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates she’ll yield.
Senator, this bill doesn’t make it illegal to sell cigarettes?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Collins.
No.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.
…interesting that the Illinois Senate is in the business of the temperance. And, you know, if we’re going sell people cigarettes, because we’re addicted to the cash money that comes to us -- half the people in this Chamber smoke cigarettes. They vote against cigarettes constantly. You know, I mean, what’s next? Are we going to say that people shouldn’t eat certain foods? I mean, I just think at some point either we should make cigarettes an illegal product in Illinois or get over the hypocrisy, which is what we’re into now. We love the money; we just don’t want you to smoke ‘em anywhere but in your car with your children or in your home. 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Last speaker, Senator Haine.
A -- a question for the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) She indicates she’ll yield for one quick question.
Thank you, Madam President. I will be brief. What is the offense on a young person that’s using a false ID? Is that still on the bill? It’s not in the bill? Great. Okay. Thanks.
PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall Senate Bill 2825 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 39 Yeas, 12 voting Nay, 1 voting Present. And Senate Bill 2825, having received the required constitutional majority, is declared passed. Senator Demuzio, for what purpose do you rise?
Yes. The last bill I’d like to be recorded as a Yes.
PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect your intention. On Senate Bill 2851, Senator Harmon seeks leave of the Body to return Senate Bill 2851 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2851. Mr. Secretary, have there been any Floor amendments approved for consideration?
47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Floor Amendment No. 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, to explain your amendment.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to Senate Bill 2851 becomes the bill and removes all objections. I’d move for its adoption.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Seeing none, Senator Harmon moves the adoption of Amendment No. 1 to Senate Bill 2851. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion -- or the amendment is adopted. Are there any further Floor amendments approved for consideration?
…further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2851. Mr. Secretary, read the bill.
Senate Bill 2851. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 2851 is a joint initiative of Cook County Sheriff Tom Dart and the American Society for the Prevention of 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Cruelty to Animals. It is commonly referred to as the Cross- reporting bill. Because of the correlation between child abuse in the home and animal abuse, we are requiring those professionals investigating child abuse, if they suspect animal abuse, to report that. And in the reverse, we are asking those who are investigating complaints of animal abuse, if they reasonably suspect child abuse, to report that to DCFS. As amended, we’ve eliminated all objections to the bill that I’m aware of. And I want to thank our staff for the excellent work in putting together the final product. I’d ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Radogno.
Thank you, Madam President. I just want to say that this bill -- all the opposition has been removed. It’s really irrefutable that there’s a correlation between child abuse and animal abuse. And this is a very reasonable attempt to try to address and catch when either one of those things are happening that we prevent the other from happening. So I commend the sponsor on working with everyone. It’s a good idea and I urge a Yes vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Radogno. There being no further discussion, the question is, shall Senate Bill 2851 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 53 Yeas, none voting Nay, 1 voting Present. And Senate Bill 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 2851, having received the required constitutional majority, is declared passed. Senator Holmes, on 2854. Senator Holmes seeks leave of the Body to return Senate Bill 2854 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2854. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Holmes.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Holmes, to explain your amendment.
The amendment very simply is a carry-over. It just replaces the line that says, “beginning with tax years ending after December 31st, 1999” {sic}, and replaces it with “after December 31st, 2003 and prior to December 31st, 2010.”
PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion on the amendment? Seeing none, Senator Holmes moves the adoption of Amendment No. 1 to Senate Bill 2854. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. On the Order of 3rd Reading is Senate Bill 2854. Mr. Secretary, read the bill.
50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Senate Bill 2854. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Holmes.
Senate Bill 2854 reinstates and increases the training expense credit from 1.6 percent to two percent of training expenses for tax years ending in or after 2031st{sic}, 2009 and on or before December 30th, 2019. The tax credit covers education or vocational training in semi-skilled or skilled fields. This training expense credit was discontinued in 2003 and this bill is just bringing it back. Both small and large businesses will benefit from this. And I think in a time when our economy is taking a downturn, for Illinois to appear business-friendly is a good idea for us. So I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Lauzen.
Thank you, Madam President. This bill enjoyed the unanimous support from the Revenue Committee both -- on both sides of the aisle. I recommend a Yes vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall Senate Bill 2854 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 55 Yeas, none voting Nay, none voting Present. And Senate Bill 2854, 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 having received the required constitutional majority, is declared passed. Senator Holmes, on 2855. Mr. Secretary, read the bill.
Senate Bill 2855. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Holmes.
Thank you, Madam President. Senate Bill 2855 expands the crime of harassment through electronic communications to include communicating directly with persons under the age of eighteen with the intent to commit sex crimes or bodily harm to the minor.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2855 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 55 Yeas, none voting Nay, none voting Present. And Senate Bill 2855, having received the required constitutional majority, is declared passed. Senator Trotter, on 2858. Mr. Secretary, read the bill.
Senate Bill 2858. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Senator Trotter.
Madam President, Members of the Senate, 2858 phases out the use of trans fats in foods sold as part of the School Breakfast and Lunch Program Act and in school vending machines. The State Board of Education must adopt rules for the elimination of trans fats containing oils in public school cafeterias by July 1st, 2009, and the ban on other foods beginning July 1st, 2010.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Burzynski.
Thank you, Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Thank you very much. Senator, I -- I know that you had this bill in committee. There wasn’t a lot of discussion. I think there was an amendment to the bill and that passed unanimously. Made a -- a bad bill a little better, in my opinion. But, you know, it’s -- it is a -- also my understanding that there was an Illinois School Wellness Policy Task Force and that they have made some recommendations to the State Board of Education. And the State Board of Education is currently in the process of trying to implement rules to accommodate those. And I’m just curious as to why your bill is needed at this point or if we should let the -- the State Board’s new rules try and take effect. I mean, this is a pretty big jump for a lot of school districts and we don’t know what 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 it’s going to cost them or -- or anything else. So I -- I’d just appreciate a response, Senator.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
It’s -- it’s never too soon for us to -- to do the right thing for our children. This is an issue that our taxpayer dollars are spent on. This -- these are our children and -- and it’s basically geared towards those individuals who are in the school breakfast and lunch program who do not have food -- or they’re not eating at home. So we’re giving them this healthy start early and not wait for the task force to come through.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Burzynski.
Thank you. To the bill: I -- I just think that this is a little redundant, that it’s unnecessary. The State Board of Ed is already trying to move forward reducing the amount of trans fats. They’re also moving forward reducing the amount of calories in school meals, making them more nutritious at this time, and I would just encourage a No vote. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Maloney.
Madam President, a question of the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator, this does include all vending machines at -- for - 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 - to -- removal as well, right?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
Yes, sir, it does.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney.
And will this apply to all private and parochial schools as well?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
No, sir, unless they are -- are participating in the school breakfast program. But, essentially, it’s for public schools.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Maloney.
Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Risinger.
Thank you, Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator Trotter, this is a good thing and I appreciate this. But what -- and -- and I assume that we’re -- if -- if we 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 put this into law, we’re expecting the people just to voluntarily do this - and I think they will - but, is there any penalty? Is there somebody that’s going to oversee this, look at this to see what’s being served, whether schools are really complying or not? How’s that going to happen?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
No, there’s not -- nothing in -- a regulatory group that will be monitoring what goes on. We’re assuming that if we pass the laws, the schools will do the correct thing and -- and -- and actually deal with the enforcement within themselves.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Risinger.
Thank you, Senator Trotter. I think that is the best way to go. I -- I -- I certainly don’t want us to have food police, if you will, to be -- be checked. But -- and -- and I think the people will do the right thing, particularly if we pass the bill. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Radogno.
Thank you. I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Yeah. I’m still a little unclear if the -- if the rules are pending at the State Board, what -- how is this different? 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 What does this do other than what’s currently being done?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
Well, the rules are not pending. There is a task force that’s looking into this. That does not mean that they’re going adopt this as part of their platform to go forward. So, us, as responsible legislators, believe that - at least I believe and others - that we should make sure, ensure, that, in fact, that this is done. ‘Cause there’s no guarantee what the task force is going to come out with.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
Thank you. I’m holding the task force report. So, apparently, the report’s already been done and completed. So -- and the rules are being developed. So, my question remains, why is this necessary?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
I’m -- I’m sorry, I didn’t hear the question.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
This is the task force report. It’s already done. So -- and the rules are pending -- are being developed based on this report. So, the question remains, what does this do that is not already being done? 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
What this says is that -- all foods. What they recommend is that there would be a minimum to no trans fats. What our bill says, that all trans fats need to be eliminated from those programs.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
My understanding is that what you’re proposing is requiring them to go down a more prescriptive path. They are looking at changing the rules for all things. And the question is, is it our role as a legislative Body to tell them exactly what they need to change, or since this process is underway, allow that to work its way through, give that -- they have the authority to do it. They are doing it. You know, I’m just concerned that we will end up being too prescriptive and -- and we don’t have as much knowledge as they do. Certainly we need to be improving our kids’ diets. I’m all for that.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter.
The task force, what they gave us is a list of things that they are recommending. There is nothing in rule. There’s nothing here that really says that they must do this. What my bill does, says that they have to do this, need to do this for - - again, for the wellness of our children. In many instances, as you’re well aware, the breakfast and lunch program is the 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 only meal, the only nutritional meal, that our children will be having. And this is just, again, ensuring that that happens.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.
Comment. It’s just hard for me to imagine that our generation actually survived. I used to ride in the back of my parents’ station wagon with no seatbelt. We ate Twinkies. We smoked candy cigarettes. I mean, we seem like we’ve done okay. I mean, isn’t this enough government?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter, to close.
And -- and that’s why you look like you’re about seventy- five. But -- but… This -- this is the right thing to do. We have a responsibility to -- to bring, at least, a -- a healthy - - to give our children a healthy start in life in schools, ensuring that they have the proper things to eat. Showing them what good it does and the benefits of it is the correct thing to do. And I ask for its passage.
PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall Senate Bill 2858 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 33 Yeas, 19 Nays, 2 voting Present. And Senate Bill 2858, having received the required constitutional majority, is declared passed. Senator Kotowski, on 2859. Mr. Secretary, read the bill.
59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Senate Bill 2859. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Kotowski.
Good morning, again, Ms. President.
PRESIDING OFFICER: (SENATOR HALVORSON) …morning.
Senate Bill 2859 amends the Illinois Income Tax Act concerning the credit for wages paid to qualified veterans. Extends the credit to also apply to wages paid to qualified veterans who did not serve on active duty in Southwest Asia, and increases the amount of the credit to ten percent, but in no event to exceed twelve hundred dollars, of the gross wages paid to qualified veterans who served on active duty in Southwest Asia and 7.5 percent, but in no event to exceed eight hundred dollars, of the gross wages paid to all other qualified veterans. Be more than happy to answer questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2859 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 55 Yeas, none voting Nay, none voting Present. And Senate Bill 2859, having received the required constitutional majority, is declared passed. Senator Cullerton seeks leave of the Body to return Senate Bill 2865 to 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 2865. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton, to explain your amendment.
Thank you, Madam President, Members of the Senate. The very able Republican staff on the Committee of Public Health noticed a drafting error on my bill and this is what Floor Amendment No. 3 corrects. It corrects a drafting error with relation to the number of participants permitted to participate in the program. And it makes it clear that the existing Cannabis Control Act remains -- the penalty for possession of more than twenty plants, but less than fifty, remains a Class 2 felony. So I move for its adoption.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton moves the adoption of Amendment No. 3 to Senate Bill 2865. All those in favor will vote Aye. Opposed, Nay. The voting -- they will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Are there any further Floor amendments approved for consideration? 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Now, 3rd Reading. Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hendon in the Chair. Senate Bill 2873. Senator Noland. Mr. Secretary, read the gentleman’s bill.
Senate Bill 2873. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. Chair. Senate Bill… Thank you, Mr. Chair, Ladies and Gentlemen of the Senate. Senate Bill 2873 amends the Illinois Income Tax Act. Makes changes to the calculation of the credit for income tax that is paid by a resident to another state on income that is not {sic} also subject to the Illinois Income Tax.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2873 pass. All those in favor, vote… Oh, I’m sorry. Senator Lauzen.
I’m very sorry, Mr. President. I should have recognized that when you get on the Chair, we pick up the pace dramatically. There -- there has been some objection -- some concern that, by definition -- by definition, this would 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 increase tax on -- State tax for Illinois taxpayers who pay tax in multiple states. I can’t quote, you know, chapter and verse and point out exactly in the bill, but -- by how this credit would work and how it doesn’t apply to as many people. I just wanted to warn people who are concerned that they might be voting for a tax increase on Illinois taxpayers, small, just on how the rules are executed. Just be cautious. Sorry.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank -- thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill did come out of the Revenue Committee. I appreciate Senator Lauzen’s concerns. I did talk to the Department of Revenue this morning. It is their belief that, in improving the definitions, we were -- are arriving in a more fair place. If someone’s taxes go up, someone else’s taxes may go down. It’s a question of a fair allocation of income across states. I urge your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, to close.
Could not have said it better. I just simply urge an Aye vote. Thank you very much.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 2873 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Aye, 14 voting Nay, none voting Present. Senate Bill 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 2873, having received the required constitutional majority, is declared passed. Senate Bill 2874. Senator Noland. Mr. Secretary, read the gentleman’s bill.
Senate Bill 2874. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2874 amends the Illinois State Collection Act of 1986 -- excuse me, 1986. Provides that, in the case of any liability referred to a collection agency, any fee charged to the State by the collection agency is considered an additional liability owed to the State. Simply a cleanup bill sponsored by the Department of Revenue. Ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Lauzen.
Okay, and we’re on 3rd Reading now on this bill. Do I understand correctly that what this bill does is it allows collection agencies to be empowered by the -- the Department of Revenue, and that whatever the fees are for collection agencies - where many of ‘em conduct their business well, but some of ‘em are known for very predatory kind of practices and harming people - that the taxpayer would be required to pay for the cost of that collection agency? Is that what this bill -- one of the things that this bill does? 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Senator. Although I cannot speak to predatory practices of certain collection agencies, in principle you are correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Again, just I -- I apologize for referring back to my experience over the last twenty-five years. It is bad enough, Ladies and Gentlemen, when the well-intentioned people at the IRS or the Illinois Department of Revenue come after us, and -- where there are people who have literally committed suicide over the tactics that have been applied to ‘em, but now we’re going to turn collection agencies onto these taxpayers’ back and the taxpayer is going to have to pay for what they’re getting from the collection agency. I -- I -- I respect the good intentions of the sponsor, but I think that this -- this is a really terrible bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.
I want the record to know that, 2873, I voted Yes. I want -- I want a No vote on 2873.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. The question is, shall Senate Bill 2874 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 voted who wish? Have all voted who wish? Take the record. On that question, there are 38 voting Aye, 18 voting -- 33 voting Aye, 18 voting Nay, none voting Present. Senate Bill 2874, having received the required constitutional majority, is declared passed. Senate Bill 2879. Senator Raoul. Senator Raoul seeks leave of the Body to return Senate Bill 2879 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2879. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Floor Amendment 2 deletes all, becomes the bill. I’ll explain it on…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Raoul moves adoption of Amendment No. 2 to Senate Bill 2879. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2879. Mr. Secretary, read the bill.
66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Senate Bill 2879. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President. Senate Bill 2879 requires DHS and DOC to work with community organizations to develop informational materials for families and children of incarcerated parents. I urge your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2879 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 2879, having received the required constitutional majority, is declared passed. Senate Bill 2882. Senator Schoenberg. Mr. Secretary, read the bill.
Senate Bill 2882. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill -- 2882 stipulates that the board of review 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 in counties other than Cook and the county assessor in Cook County may develop reasonable procedures for the valuation of omitted property. Omitted assessments are improvements that are taxable on land, such as the house, which were never reported, for whatever reason, and therefore were never taken into account when the land was assessed. Usually it’s assessed when there is vacant land and then the assessor finds out when the landowner wishes to get permission to make further improvements. This is a far more permissive version than we originally saw. There’s no opposition and I’d urge your favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you very much. Want to commend the sponsor for taking the approach of making it permissive. People who like it, can do it. People who don’t, don’t have to. It received unanimous support in Revenue Committee. I recommend a…
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2882 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 2882, having received the required constitutional majority, is declared passed. Senate Bill 2883. Senator Schoenberg. I’m sorry, Senator Cronin, for what purpose do you seek recognition, sir?
Point of personal privilege, please. 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
Like to direct the attention of the Senate to the Senate President’s Gallery, behind Senator Hendon. We have the mighty Divine Infant students here, with Barbara Brandt, from Westchester, Illinois. Let’s give ‘em a warm Senate welcome.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, young students from Westchester. Welcome. Senate Bill 2883. Senator Schoenberg. Mr. Secretary, read the bill.
Senate Bill 2883. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2883 raises the Illinois Finance Authority’s general bond authorization from twenty-six billion six hundred and fifty million, which we did last year through Senate Bill 1327, effective November last year, to twenty-nine billion six hundred and fifty million. It’s a three-billion- dollar increase. Let me briefly explain why the increase occurs. If -- both caucuses have been provided with extensive detail on the number of -- bonds which are outstanding, the number of transactions approved, the forecasted bond commitments and those prospects which -- approximately sixty percent of 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 which total 2.8 billion alone. The question always comes up, why do we need to have a margin and an increase? And that’s because, unlike other bond issuances, the Finance Authority does not get any general revenue funds, like GO bonds, but rather the -- the funds for operating the Authority are generated exclusively by the fees generated on the transactions. So, therefore, you inherently cannot come up to the bond limit, to the authorization limit, or else one hiccup in any transaction will create a house of cards and jeopardize all the rest of them. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) …Senator Radogno.
Thank you, Mr. President. Yes. We do have this discussion every year and the -- and the issue comes up, why do we need to increase the bonding authority this much? They currently have five billion outstanding. They’re asking for three more, and traditionally they issue about two billion a year. Also, the House traditionally cuts this in half when it gets over there, so I think there’s a recognition that for -- what they’re asking for is probably more than they need. There’s no question there’s a lot of good projects on here. And Senator Schoenberg accurately described how the bonds work. But it just seems to me that in this era, where we’ve had a lot of problems - this particular agency, a few directors ago, had some issues and was indicted - that we would be better off to err on the side of caution and give them less than they’re requesting, nonetheless perhaps an increase. It just leaves us with more control. But, again, there’s good projects. And I’ll be voting No just 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 because I think it’s prudent to err on the side of caution in this atmosphere.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you, Mr. President. I agree with the sponsor and the last speaker, Senator Radogno, that there are many good projects in this. I also agree that it’s excessive for what’s needed right now. If the sponsor in either -- now or in closing remarks could talk about the protections as far as ethics that are applied to this, I would appreciate it. But I do have one question. I understand that there is an eight-million-dollar allocation for Planned Parenthood. And I’ve been told, and I -- I was wondering if you might have any more precise information, that -- that that -- some portion or all of that eight million dollars that goes to Planned Parenthood, capital, may be going to the highly controversial abortion clinic in my hometown of Aurora. Do you have any information that that’s either true or not true?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Senator Lauzen, the -- the prior authorization that I referenced in my opening remarks would have addressed those -- those bond issuances for -- so, therefore, this current increase, this authorization, does not include for that. That is, frankly, a -- a transaction which has already been accounted for with the -- with the prior -- with the prior authorization.
PRESIDING OFFICER: (SENATOR HENDON) 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 To close, Senator Schoenberg. Senator Lauzen.
I’m sorry, Mr. President. I -- I didn’t understand that question. Were -- were -- were you referring to the ethics issue or were you answering the question: Does this include -- does -- the Planned Parenthood eight million dollars, is that for the abortion clinic in Aurora?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
I should have given a shorter, clearer answer. This question would have been more timely last year when that -- when that was in the queue for the prior authorization bill.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2883 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 13 voting Nay, 1 voting Present. Senate Bill 2883, having received the required constitutional majority, is declared passed. The Chair would appreciate succinct questions and answers. Senate Bill 2887. Senator Schoenberg. 2887, sir. Mr. Secretary, read the bill.
Senate Bill 2887. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg. 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2887 is an initiative of the Procurement Policy Board, providing greater specificity on provisions regarding the maximum duration of State contracts and leases. It clarifies that that cannot -- those durations cannot exceed ten years for proposed contract renewals. Some seem to wonder if there was some gray area in the number of -- the length of renewals that we could have for leases. The very reason why we changed the law in the first place, ten years ago, was so that at a certain point you stop renewing leases and you buy the building and that saves the taxpayers money. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2887 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 2887, having received the required constitutional majority, is declared passed. Senate Bill 2912. Senator Noland. Senator Noland seeks leave of the Body to return Senate Bill 2912 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2912. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Noland. 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President. Senate Bill 2912, as amended, allows the Department of Revenue in -- in the determination that if they, in fact, determine that an overpayment has occurred on an original return filed by one of our taxpayers, a credit memorandum to the taxpayer without -- without the -- is issued without the necessity of the taxpayer filing claim for credit. This is an issue that -- or bill that’s been vetted by both Senate Democrats and Republicans. Otherwise, received unanimous vote in the committee and I ask for…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Noland seeks -- moves adoption of Amendment No. 2 to Senate Bill 2912. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2912. Mr. Secretary, read the bill.
Senate Bill 2912. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland. 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
I just ask for an Aye vote. I just…
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 2912 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2912, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, please turn your Calendar to page 3. Page 3. We’re going to go through 3rd Readings. This is your last opportunity, and we’re going to get you out of here soon. If you want your bill called, you need to be ready. Senate Bill 862. Senator Collins. 862. Out of the record. Senate Bill 871. Senator Haine. Senate Bill 876. Senator Clayborne. Out of the record. Senate Bill 879. Clayborne. Senate Bill 1106. Senator Trotter. 1106? Senator Trotter. Out of the record. Senate Bill 1865. Senator Noland. 1865. Mr. Secretary, read the bill.
Senate Bill 1865. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, on 1865.
Thank you… Yes. Thank you, Mr. President. Senate Bill 1865, as amended, amends the parental liability law, which makes 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 parent, the legal guardian -- or legal guardian liable for damages up to thirty thousand dollars for a pattern of -- of wilful or malicious acts by a minor. It also allows government agencies to collect up to fifteen thousand dollars in attorneys’ fees.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1865 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 1865, having received the required constitutional majority, is declared passed. Senate Bill 1867. Senator Halvorson. Senate Bill 1869. Senator Cullerton. Cullerton. Senate Bill 1879. Senator Collins. Mr. Secretary, please read the bill.
Senate Bill 1879. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1879, as amended, is intended to address the problem of mortgage steering, which is -- which is when a -- disproportionate number of minorities are steered into high-cost subprime loans when they could have qualified for lower-cost traditional loans. Let me just say that this -- this is not new 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 legislation. What we did here was just increase the civil penalties for violations of the Human Rights Act related to real estate transactions and financial credit. So it’s not new legislation. We just increased the penalties.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1879 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 1879, having received the required constitutional majority, is declared passed. Senate Bill 1890. Senator Haine. Mr. Secretary, read the bill.
Senate Bill 1890. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a Capital Development Board initiative to increase the bonding threshold required for projects to five to -- to fifty thousand, exempting small units of -- of -- of government. CDB would like to see this increase to benefit smaller firms. They’ve never had a loss on anyone below one hundred thousand on a job.
PRESIDING OFFICER: (SENATOR HENDON) 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Is there any discussion? Seeing none, the question is, shall Senate Bill 1890 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 1890, having received the required constitutional majority, is declared passed. Senate Bill 1908. Senator Maloney. Senate Bill 1925. Senator Schoenberg. Schoenberg. Mr. Secretary, please read the gentleman’s bill.
Senate Bill 1925. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) The Chair would appreciate, if you have legislation coming up, that you will be ready. We’re moving at a fast pace here. We’re going to go -- this is Senate Bill 1925 on 3rd Reading. 1925. Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1925, for those of you who have been here at the Statehouse sometime, would look familiar -- this would look familiar because it provides Medicaid coverage for a discrete portion of the population, a -- a program that was formerly known as -- Aid to the Medically Indigent. This would extend Medicaid coverage to individuals who are between ages nineteen and sixty-four, who are uninsured at the time they make application for Medicaid and whose income is below a hundred 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 percent of federal poverty line. What -- there are some other specificities involved in this that have been added subsequently through amendment in order to aggressively reduce the cost for this. The value of this legislation is that it provides hospitals with reimbursement for patients that they’re already treating, who have acute needs, who -- where they might -- otherwise they would not receive any reimbursement for that at all. And as we know, those costs get passed on to those who have private health insurance, as well as to those who have other forms of health insurance. With that, I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a couple questions?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield for a few questions. Senator Pankau.
Senator, isn’t this a portion of the Governor’s failed Illinois Covered Assist program that we saw last year?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Senator Pankau, as I mentioned in my earlier remarks, this is -- this may have predated you. This program was formerly known as the Aid to Medically Indigent program. It -- in the 1990s, it was -- in the mid 1990s, early to mid 1990s, it was 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 terminated for budgetary constraints. And what we’ve since found out is that hospitals are losing considerable sums of money treating these patients with no form what -- of reimbursement whatsoever.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
And, Senator, you mentioned that this will cover a portion of the population that is not covered now. This is a rather broad portion of the population, isn’t it? Because when you were in committee, you told us this was going to go from age eighteen to age sixty-four. That’s an awful big range, is it not, Senator?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Actually, I -- if -- I believe I said nineteen through sixty-four. If you understood it was eighteen, then I would have misspoken. But we know through our experience that this is a portion of the population which lacks Medicaid eligibility, either because they don’t have any children or for some other reason, and we are paying a lot more by doing nothing. So, therefore, by addressing this discrete portion of the population, we’re doing our hospitals and other health care providers a -- a great service, so that they’ll get some reimbursement and not pass off the loss to the rest of us.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Pankau, for your final question.
80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 So what this program does, it doesn’t include the kids that are seventeen and eighteen years old and it doesn’t include those that qualify for Medicare, but it’s everybody else in between. I would say that’s a very broad segment of the population. To the bill, Mr. President: Sponsor, in committee, admitted that upon full implementation, this bill is going to cost us seven hundred and fifty million dollars a year. Yes, he added some amendments to, as he said, hone the population down. But, these -- the cost of this is only going to increase. We are going to be adding all these people onto our Medicaid program that we are already six to eight months behind in payments to our doctors, our pharmacists, our nursing homes and our hospitals. On top of that, we simply don’t have the money for this program. Where are you going to get seven hundred and fifty million dollars for the full implementation of this program when we get to fiscal year 2010? Right now, this year, we are going to be spending more in Medicaid than we are in elementary and secondary education. I urge a No vote to this. It may be a great idea and it needs a whole lot more refining before we put this idea into place. But we simply do not have the money this year. I urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He will yield for a few questions. Senator Righter.
Thank you, Mr. President. Senator Schoenberg, there has 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 been so much talk about Medicaid and Medicaid programs and expansions and I know you’ve amended this bill and I want to make sure that I am clear on -- on the description of -- of what this would be. I mean, is it fair to describe this as a program focused on primary care and disease management for those who are very low income - like under a hundred percent of the federal poverty level - who do not have health insurance or access to the current Medicaid programs?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Senator, you did a -- a wonderful job at explaining that very discrete portion of the population. And I would just add that the very reason why we have to have hospital assessment programs, why we all have to vote so that hospitals can tax themselves and go get additional federal money to the tune of 1.8 billion dollars in new federal Medicaid money, is because the hospitals don’t get paid for these patients. So you’re absolutely correct, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. To the bill: Actually, Senator Schoenberg, I appreciate your compliments, but that wasn’t me stating that - that was the Governor. Before -- a couple times before Senator Pankau has asked Senator Schoenberg directly whether or not this is part of the Governor’s program. The answer is, yes, because what I just read to Senator Schoenberg and what he just said was an accurate description of the program 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 comes off of the Governor’s website. If you are for the Governor’s Medicaid agenda, if you are for dramatically expanding the program’s liabilities without the revenue to pay for it, then you should be for Senate Bill 1925. If your nursing homes and doctors and hospitals and other Medicaid providers are satisfied with their Medicaid reimbursement rates or their payment cycles, then you ought to be for Senate Bill 1925. Senator Schoenberg is exactly right. He’s exactly right. There is a high cost of doing nothing. But sometimes doing nothing is less expensive than going down the wrong path. And that’s what we’re doing in this State and that’s what we’ve been doing in this State for years. In hospitals in my district and all across the State, the population increasing at the most rapid rate in -- in terms of turning out at the emergency room for non-emergent care is people with Medicaid cards. The notion that somehow we are going to solve that problem or solve the problem of the uninsured who are going to the emergency room for non-emergent care by adding more liabilities to the system without paying for it is foolhardy. But much more importantly than being foolhardy, it’s hurting real people. Let’s stop going down this path now. Vote No on Senate Bill 1925.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. To the bill and then I have a question. The issue is -- is really who is going to pay, because the reality is that we have approximately 1.4 million people that are uninsured. But that doesn’t mean they don’t get sick, because they do get sick and 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 they end up going to the hospital. In my community, where they go is St. Francis emergency room and Methodist Hospital emergency room. So, the question now is, who is going to pay this bill? Because, currently, who pays it is Caterpillar and John Deere and the local hardware store and the grocery store and all the people that try to provide insurance, health insurance, for their employees, because right now small business is getting hit each year with a twenty-, with a forty-, with a sixty-percent increase in premiums to cover the cost shifting that occurs. So it’s not a matter of who’s going to pay -- whether it’s going to be paid or not, it’s a matter of who’s going to pay for it. And, Senator Schoenberg, my question to you is that an important aspect of this program, I think, is how do we get ahead of the -- the curve instead of letting people get sick to the point of where they go to the emergency room, to try to do something in terms of primary care and preventative care. Is there not a provision in this to provide a medical home for all of those people that we’re talking about?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Yes, indeed, and that’s a very critical part of it. Because anything that we can do to keep people out of emergency rooms, where the care is the most expensive, is the best and most cost-efficient way and provides the best primary care. And this is an important provision of the bill. And it’s exactly why not only everyone interested in primary care supports this, but it’s also why the Illinois Hospital Association, which -- is a very enthusiastic supporter of this - because it costs more in 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 the end to do nothing.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady. Last speaker.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Brady.
Senator Schoenberg, I’ve known you for a long time and I -- I really never thought of you as someone who was going to carry the Governor’s water, but apparently you’ve changed your heart. I have a question for you. The last quarterly report from the Comptroller, how much money did he report that he couldn’t -- didn’t have to pay our bills? How many -- what was the sum total of the amount of bills that he had to leave unpaid?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Senator Brady, I don’t have that offhand, but you will be pleased to know that the Comptroller signed off on the short- term borrowing for the 1.2 billion dollars, so that your hospital and everybody else’s hospital could get their money within the next few days for the hospital assessment. They would probably need less of that hospital assessment if, in fact, we did more things like this.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
Senator Schoenberg, you might not find it -- well, I’m not 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 happy to know that we have put this State in a position where we have to short-term borrow 1.2 billion dollars. Because, in fact, Senator Schoenberg -- and you know what? Before you start expanding costs of government, you probably ought to look at the fact the Comptroller reported he was short 1.7 billion - not million, Senator Schoenberg - billion dollars that he didn’t have to make payments for existing obligations, Senator. Now, let me ask you another question. How much is this program going to cost?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
This program, in its first year, will estimatedly {sic} cost -- the estimated cost is one hundred and forty million dollars, which, frankly, I think -- and when -- in its full implementation -- I’m glad you asked me that question, because the characterization was made earlier that as soon as the pen gets signed on this bill that it’s going to immediately cost us seven hundred and fifty million dollars. That’s not true. In several years, when we get to the point where there’d be full enrollment, it -- it might be that, but right now it’s only a hundred and forty million. And I will safely say that we’re paying a lot more through our private health insurance and for the need for hospital assessments by doing nothing with this very discrete population.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady, to the bill, sir. Senator Brady.
Senator Schoenberg… 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady, to the bill, sir. Your -- your time for questions is -- is up, unfortunately. Could you -- to the bill, sir.
Thank you. Senator Schoenberg - to the bill - you know, the Comptroller cannot pay 1.7 billion dollars in what we owe existing providers. You may think we only have to look at the next day, but we also know that the 1.7 billion is a fraction of the amount we owe people. We also know that this administration, your Governor, has delayed the cycling of what we owe and that, rather than 1.7 billion, it’s more likely three to four billion dollars. And you can talk about the short-term cost of this - tomorrow it probably doesn’t cost us anything - but the full implementation of this is over seven hundred and fifty million dollars, sir. 1.7 billion plus another 1.7 billion in hidden bills, plus seven hundred and fifty million. You know what that means, Senator? That means that our children and grandchildren are going accept very poor stewardship in our… They’re going to accept the debt that we are leaving them because you want to talk about grandiose plans and press releases, but you don’t want to pay for ‘em. Or -- I take that back. Last week, you wanted to pay for ‘em by sweeping funds. You wanted to take -- you wanted to pay for ‘em by delaying payments. Senator Schoenberg, this is irresponsible. At some point in time, we have to stand up as a Body and understand that it’s going to take leadership. It’s going to take leadership that says, no, to more programs because we want to read about ourselves in the headlines. I can see it tomorrow: Senator 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Schoenberg provides Governor’s health care plan to provide health care for all Illinoisans. But there’s a price with that. And until you come up with the resources to pay that price, I suggest you stop with your grandiose plans.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, to close.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. To echo what Senator Koehler said, if you are satisfied with Caterpillar and John Deere and Kraft and every major corporation and all the small -- and medium-sized businesses who struggle to contain costs for private health insurance in this State because there is no public reimbursement to hospitals and those costs get shifted, if you’re happy with that cost shifting that impacts business the way it is, then you should vote according to the way that Senator Brady suggested that you should vote. But if you want to help our hospitals not eat the cost and pass it along to private employers and have the hospitals pass it along in their billing to those who one way or the other pay, you need to support this bill. And that’s exactly why the Illinois Hospital Association and the Catholic Conference and the DuPage Federation on Human Services Reform and the Academy of Family Physicians and the Catholic Health Care {sic} Association and the Primary Health Care Association and the social workers all support this bill. This isn’t a new idea that somebody who showed up here five/six years ago came up with. We did this until the mid-1990s. We have learned that we have paid, and paid, and paid. Now is the time to learn from that error and help our hospitals. I urge an Aye vote. 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1925 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 32 voting Aye, 21 voting Nay, none voting Present. Senate Bill 1925, having received the required constitutional majority, is declared passed. Senate Bill… …Bill 1926. Senator Schoenberg. Senator Munoz, for what purpose do you seek recognition, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Ladies and Gentlemen of the Senate, I have with me here Gage Park High School, along with Victor Harbison and Theresa McNamara. If we can give them a warm welcome to the Senate.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, students from Gage Park. Senator Forby, for what purpose do you seek recognition?
I’m having a little trouble with my buttons here. I want to be a Yes vote on that last one.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect, and let’s take care of Senator Forby’s button. And that’s on Senate Bill 1925, Senator Forby. The record shall so reflect his intention to vote Aye. Senator Burzynski, for what purpose do you seek my recognition, sir?
89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you, Mr. President. I was trying to request a verification of the roll call on the prior bill. And, you know, unfortunately you’re moving so fast and sometimes you’re not quite looking down at the -- at the lights and everything. I understand that, but we really did want to verify that roll call, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator, unfortunately, I missed it this time. You could put that one on me. We’ve moved on to Senate Bill 1926, Senator. Senator Burzynski.
Thank you -- thank you, Mr. President. But we might have - - you -- you might indicate that you were moving on to Senate Bill 1926, but in the same time, you have, since that’s been up on the board, recognized two other Members. You’ve also indicated something to Senator Forby relative to his vote on that particular bill. So I think it’s appropriate that we can go back and do a verification. It -- it seems to me like that would be appropriate. This is an appropriate time. We’ve not moved on. Debate’s not begun.
PRESIDING OFFICER: (SENATOR HENDON) Verification. Verification has been requested. Let’s go back to 1925. We’re not going to waste a lot of time today. Verification. Senator Burzynski has requested verification. Will the Members be at their desks? Mr. Secretary, will you read the affirmative votes?
Following Members voted in the affirmative: Bond, Clayborne, Collins, Crotty, Cullerton, DeLeo, Delgado, Demuzio, 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Garrett, Haine, Halvorson, Harmon, Hendon, Holmes, Hunter, Jacobs, Koehler, Kotowski, Lightford, Link, Maloney, Martinez, Meeks, Munoz, Noland, Raoul, Schoenberg, Silverstein, Steans, Trotter, Wilhelmi and Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Does Senator Burzynski question the presence of any Member voting in the affirmative?
Yes. Thank you, Mr. President. And, by the way, thank you for your consideration, Mr. President. I appreciate that. Senator DeLeo.
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo. Senator James “Jimmy”… There he is in the pinstripe Italian suit.
And I did see one other, but I think -- Senator Lightford did come back on the Floor. Thank you. Oh, and one -- one other, I believe.
PRESIDING OFFICER: (SENATOR HENDON) Go -- go right ahead, Senator. We’re at 32.
That’s -- that’s it. Thank you. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) On a verified roll call, there are 32 voting Aye, 21 voting Nay. Senate Bill 1925, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go back to Senate Bill 1869. Senator Cullerton. Mr. Secretary, read the gentleman’s bill.
91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Senate Bill 1869. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This is an initiative of the Illinois Department of Financial and Professional Regulation and the University of Illinois. It removes the requirement that visiting professors must pass a general competency exam to renew their permits for the first time. According to teaching hospitals, this requirement has caused difficulties in recruiting renowned international physicians. There’s no opposition and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1869 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 1869, having received the required constitutional majority, is declared passed. Now we’re going to go to 1926 where we left off. Senator Haine, do you seek recognition, sir? Senator… Senate Bill 1926. Senator Schoenberg. Mr. Secretary, read the bill.
Senate Bill 1926. (Secretary reads title of bill) 3rd Reading of the bill. 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This one should be an easier one for my friends across the aisle. It requires electric utilities to make their annual base maintenance contributions to the Public Utility Fund until January 1, 2014. This had been sunsetted. It just restores it till 2014 and there’s no opposition. This is from the Commerce Commission.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1926 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 1926, having received the required constitutional majority, is declared passed. Senate Bill 1929. Senator Haine. Mr. Secretary, read the gentleman’s bill.
Senate Bill 1929. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Mr. President, this bill extends the grandfather clause for electrologists who failed to apply for licensure before the 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 original grandfather in -- 22, 2006. Thank you. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there -- is there any discussion? Seeing none, the question is, shall Senate Bill 1929 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 1929, having received the required constitutional majority, is declared passed. Senate Bill 1933. Senator Lightford. Mr. Secretary, read the lady’s bill.
Senate Bill 1933. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. We’ve worked on this bill over the past years, which is Senate Bill 1933 in a different form. Senator Althoff has worked on it. Senator Wilhelmi, Senator Hendon has worked on this issue. The personal needs allowance is just at a all-time stale of thirty dollars. We have been stuck at thirty dollars for twenty years. We have individuals in nursing homes who are not able to purchase additional items that’s not provided to them by the facility, need it be a daily newspaper, bus fare, stamps, snacks, holiday gifts, disposable diapers, cosmetics. 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 And it should -- it makes no sense that we haven’t taken initiative to increase that allowance. This bill would do that. It would increase their allowance to fifty dollars, which is a twenty-dollar increase. Have not been done in twenty years. And I did make it subject to appropriations at the request of the Republican members in the committee. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1933 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 1933, having received the required constitutional majority, is declared passed. Senate Bill 1941. Senator Haine. Mr. Secretary, read the bill.
Senate Bill 1941. (Secretary reads title of bill)
PRESIDING OFFICER: (SENATOR HENDON) Out of the record. Senate Bill 1956. Senator Lightford. Mr. Secretary, read -- read the bill.
Senate Bill 1956. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford. 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill addresses a need for -- truancy and alternative schools in the Chicago area. It is Senate Bill 1956 that amends the Charter School Law and allows for five additional charter schools in Chicago for this specific need. There’s current charters that are already in place from downstate and collar counties that have not been used since the inception of charter schools. We thought it would be good to transfer five of those charters up to the Chicago area. And one amendment, that I want to bring to your attention, that we will be adding in the House is allowing specifically for these schools to be limited to one hundred students, because if they’re really trying to focus on truancy and dropouts, it needs to be done in a smaller component of students, and to not allow the campuses to be at a number of twenty-five campuses per school. We’re going to lower that number to twenty campuses. I’ll be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Cronin.
A question for the sponsor, please. Senator Lightford, you know, you have worked diligently on this issue and Senator Martinez has a -- a very important charter school bill that’s just a few more numbers down the Calendar here, 2402. I’m a little confused here, because I thought that the big negotiation and the understanding and the agreement was that, you know, on Senator Martinez’s bill, we’d have, you know, one hundred charters, forty new charters for the City of Chicago, no 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 geographic boundaries. It doesn’t -- this bill, I -- I -- I guess I -- maybe I missed something. I thought this bill was -- was going to be either part of it or it would go away. But it doesn’t seem necessary, or it -- it seems, somehow or other, competing with the goals in the other bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Senator Cronin, there is no competition with the two bills. In fact, these are charters that have been in place that have not been used for many years. And so this bill is to transfer existing charters - set aside Senator Martinez’s bill - current charters on the rolls right now. If her bill did not go anywhere, these were still charters that’s been on the books from the very beginning of developmental charters that have not been used. We want to transfer them only for truancy and dropout. So, it’s -- it’s something similar, but a little different.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.
I’m sorry. Well, here’s my concern and I guess I rise -- rise in opposition to the bill and -- and -- and maybe I missed something, but I thought that the -- the -- the -- the big charter school bill, the one that got a lot of attention, that - - that raises the number of charters to the City of Chicago to forty new charters, removes the geographic boundaries, it’s going to meet the demand of the Chicago school community and leadership for charter schools. I don’t want to take these -- 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 these charters away from the suburban communities. If and when, and I hope soon, and we see some movement in the direction of -- of interest in charter schools in the suburbs and downstate, when that happens there’ll be five fewer downstate into the City, when we’ve already just added forty new charters to schools in the -- in the City of Chicago. I am all for charters, but -- and -- and believe me, I think all of these limitations are -- are --are -- are silly. We should have -- it should be open and there should be no limitations. But as long as we’re confined to approach charters in the way -- the structure that the majority party has laid out for us here, I’m opposed to this bill and I urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President. And let me speak to the bill in regards to the comments that Senator Cronin made. And let me just make it real clear that the five charter schools that Senator Lightford is asking for, those are unused downstate that were not used. Now, again, they’re targeting a specific group - - a specific population, which is the truant and the alternative high schools -- I mean, the alternative schools that are -- that are in demand. The -- the -- the forty that I’m -- that we are expanding from sixty to a hundred, which includes forty, is to actually address the issue of over a hundred and thirty thousand children -- well, young men and women, that are actually on a waiting list, which includes some of the downstate and some of the other areas that are in demand -- that are demanding charter school participation. So, it does not deal with what Senator 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Lightford here is trying to do, which is to address the population of truancy and alternative high schools. So, I just want to make sure it’s real clear and I’ll be able to debate more on the forty additional schools, which will include everyone, not only Chicago. They’re not designated for Chicago, only. It actually addresses the need out there of the demand of the hundred and thirty thousand kids right there that are looking to go into these schools. So I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski. Senator Lightford.
Thank you, Mr. President. I wanted to speak to Senator Cronin, because I don’t know why he’s so surprised. He voted for it in committee. He understood fully. You can look on your report and see that he voted Yes for it. In fact, it was bipartisan support. In 1993, charter schools were established. Out of those charter schools that were established fifteen years ago, only seven out of thirty has been used in the downstate and collar county areas. They have not expressed an interest on using these charter schools until we recognized that there is an extreme number of dropouts in the Chicagoland area, forty-seven thousand. And we’re trying to figure out a way to get these kids back in school - and some are young adults - get them back in school, get them a high school diploma or equivalency, and give them an opportunity to lead productive lives so that we don’t meet them in our Department of Corrections, so that we don’t have to see them in our mental institutions. We need to acknowledge that there’s a problem in Chicago with our youth. There is violence. And it makes no sense that you would stand 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 here and act as if you’re not familiar with the subject. Now I want to acknowledge Senator Burzynski before he even gets started speaking, because Rockford has acknowledged that they’re looking to do something with their charters. They recognize that they have a huge problem with -- amongst their violence in teens that are just starting to come about. And so I’ve spoken with Senator Burzynski. I understand his whole concern and issue. The bill that Senator Martinez had would create forty new - and they’re not just for Chicago, like Senator Cronin just said - they’re for statewide. So any area of the State of Illinois could apply into those charter schools.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. To the bill: First of all, I’d like to commend both Senators… Thank you. I was just going to say I’d like…
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. I was just going to say I’d like to commend both of the Senators for their work on this bill and for the fact that they’re trying to move forward and address the needs in their communities. I understand that. I appreciate it. I think it’s what they need to do. My only concern, and it is my only concern, is because I believe the Chicago school district is ready to move forward very quickly in trying to implement some of these new schools and some of the new charters, I’m concerned that since there are no geographical boundaries, that 100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 there could be the possibility that downstate schools - Rockford being one of those that is now looking -- we’ve got a new administration in the school district, a new administration in the city, we’re looking at the implementation of some charter schools - I know Peoria, I believe, is the same way - and my concern is that these charters could be used up by the City of Chicago before we’re ready to -- to move forward. And that is my only concern, Senator. And I know that you’re going to be helping us when we need those and I appreciate that. But in the meantime, I -- I feel like I need to vote No on the bill. But, certainly, I -- I appreciate and understand where you’re -- where you’re headed. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford, to close.
Thank you, Mr. President. Just one point to the elected Body so we can all understand: Even after transferring five of those charters to the Chicago area, there’s still eighteen charters for downstate and the collar counties to utilize as they please without any disruption or application from the City of Chicago. So please help us out with truancy. Please help us out with high school dropouts. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1956 pass. All those in favor will vote Aye. Opposed will vote Nay. And 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 33 voting Aye, 20 voting Nay, 1 voting Present. Senate Bill 1956, having received the required constitutional majority, is 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 declared passed. Senator Raoul, for what purpose do you seek recognition, sir?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I am pleased to have with me as two Pages for the Day, Michael Baldridge and Justin Baldridge. They -- they’re great- grandsons of a great public servant of -- of long time, Wilson Frost. And their mother here -- is here as well, Tara Baldridge.
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, to the Frost family, a wonderful family. Welcome to the Senate. Senate Bill 1965. Senator Haine. Mr. Secretary, read the gentleman’s bill.
Senate Bill 1965. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Yes, Mr. President, Ladies and Gentlemen of the Senate, this Act -- this proposed Act involves the reimbursement of expenses for inmates in the county jail who are Medicaid eligible. As introduced, it allowed the county jail to be reimbursed for medical expenses for those qualified for Medicaid at the time the person is -- is -- is detained, over five 102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 hundred dollars. There was a limiting amendment, after discussions with the Department of Healthcare and Family Services, which clarifies that the sheriff may cause an application for Medicaid to be completed for someone who’s a hospital inpatient and that person must be deemed eligible before they receive any Medicare.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a question or two?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Pankau.
When you presented this bill in committee, you were not able -- able to give us any kind of an idea as to what the shift might be here. And for some counties, this would be a cost shift, because the county sheriff and their jail operations are the ones who are paying for this right now. By the State bearing the cost of these large, very large medical expenses, we’re actually shifting the cost from the county to the State. But you were not able to give us any kind of an idea. Have you done further research and can you enlighten us now?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Senator, for that question. I don’t have a figure. I have anecdotal evidence. There was a -- I was told today, that there’s a -- was a -- a -- a pregnant woman who had 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 AIDS in the St. Clair County Jail that was Medicare eligible, given hospital treatment. That would have been a case. There’s been cases in Sangamon County. But I don’t have -- there isn’t an organized way to get that information in a short period of -- of time. Keep in mind, Senator, as you know, the -- the amendment does limit this to those who are -- who are Medicaid eligible - the sheriff has to do the application - and they’re hospitalized. This used to be the -- the deal with the State, some years ago. And it -- it’s -- it’s not the sheriff that pays, obviously, it’s the property owners of the county, because the jail is supported by the property taxes. And they’re -- then the sheriff is -- is incarcerating people pursuant to the laws that we pass, State criminal law. And they are suffering and they need an insurance policy, which is what this would do, to defray some of the cost - over five hundred dollars - in a minority of -- of cases. Most people in the county jail are young adult males. They wouldn’t be eligible.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Haine. The Chair would appreciate succinct questions and answers. Senator Pankau.
Yes. These people would have to be Medicaid eligible, but they’re -- the assistance is anything above five hundred dollars. I don’t even think you can repair a bumper these days for five hundred dollars, which is a very low threshold. In your testimony in committee, you made it pretty clear that you intended this for only the major -- major events, major catastrophes, major medical things that might have a detrimental effect on the county that the person is incarcerated in. Have 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 you considered, over in the House, asking them to raise that five-hundred-dollar amount to something more like, I don’t know, twenty thousand? Where it would be…
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Gosh, I -- I…
PRESIDING OFFICER: (SENATOR HENDON) I’m sorry, Senator Pankau. Senator Haine.
I don’t know, Senator. I mean, that could be part of the mix. You know, again, the counties used to have a -- a deal where they deferred some of these years ago to the State and they cut it out. I mean, these are people incarcerated for State crimes, serious felonies, and they develop a debilitating disease, they’re taken to the hospital, suddenly the county taxpayers, property taxpayers, are on the hook for a million bucks. And that happened in one small county north of here. St. Clair County, I don’t know what the hospital bill was for the -- the -- the sad person who had AIDS who was pregnant. I mean, I really don’t. But, I mean, we got to keep in mind here a -- a -- a -- a balance between the State interests and the local burden. That’s all we’re doing is asking for an insurance policy.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau, to the bill, please.
To -- to the bill, Mr. President. I think we should all know what we’re voting on. And this is a cost shift. It’s a 105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 cost shift from the county to the State. Yes, they have to be Medicaid eligible, but the amount of services, five hundred dollars or more, could include almost anything. I will be voting No. I think you need to vote the way you feel that your district and your county would like you to vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Radogno.
Thank you, Mr. President. I do appreciate all the work the sponsor’s done on this and it is true there will be some cost to the State, but this is -- you know, we’ve got these folks that - - that will have to be taken care of. The cost to the State is really negligible as far as we can tell and proportionately it’s much more devastating to the counties. This will -- he’s limited the bill. We’ll get Medicaid match. So I think that -- that on balance it is a good thing to do. One thing you might want to consider doing is actually collecting the data over the next couple of years and getting a good handle on what the cost is. But from what we can tell, it is negligible, and I would recommend an Aye vote on this.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bivins.
Mr. -- thank you, Mr. President. To the bill: As a former sheriff, this is a huge problem for county sheriffs. I think it’s a good bill and I stand in support of it. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, to close, briefly.
106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 I would ask that the Senate support their local sheriffs. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1965 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 1 voting Nay -- 53 voting Aye, 1 voting Nay, none voting Present. Senate Bill 1965, having received the required constitutional majority, is declared passed. Senate Bill 1972. Senator Haine. 1972, sir. Out of the record. Senate Bill 1988. Senator Harmon. Senator Harmon. Out of the record. Senate Bill 1993. Senator Lightford. Senator Lightford. Mr. Secretary, please read the lady’s bill.
Senate Bill 1993. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford, on 1993.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 1993… Thank you, that came a little quick for me.
PRESIDING OFFICER: (SENATOR HENDON) I’m sorry, Senator Lightford. Just a moment. Senator Lightford, on Senate Bill 1993. Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1993 amends the Payday Loan Reform Act of 107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 2005. It expands scope of the Act and makes other changes. I just want everyone to know that we voted and -- and many people worked on this for six -- about six years. We finally passed an Act in 2005. There’s been some loopholes created. But, we are so far further than -- than I could have ever imagined at this point. The industry, the -- the consumer protection groups, the Attorney General’s Office, we’re -- we’re all at the table. I want to thank Senator Rutherford and Senator Collins for working, and staff, so much, for working on this issue, because we’ve been meeting and meeting and meeting. In fact, we just finished up meeting not too long ago on how do we come up with good public policy - not an -- an area that everyone will be happy with, nothing that the industry would love, nothing that the consumers would love, but, as legislators, good public policy that we can move forward with from the State of Illinois on our payday loan laws. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Rutherford.
Mr. President, thank you. Just to make a comment that there has been considerable number of hours put into this thing and, really, recently as just about a half an hour ago. And I know that a number of people in the Illinois Senate have been contacted by constituency groups to potentially be opposed to 1993 as it is written today. I’m not for 1993 as it is written today, but I am for 1993 because Senator Lightford has made a commitment to work with us, with the House, as we start to move this thing forward. But just to -- just to benefit for everyone here, this issue on payday loans has been around for a long time 108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 and there have been people that are unscrupulous, trying to find a way around laws that we have created. Senator Lightford and I sat down two days ago and said, “You know, let’s take the industry out of this. Let’s take the consumer groups out of it and let’s act as Senators and come up with what we think is the best public policy available for consumers.” And we have come up with what, I think, is an excellent draft. The LRB was a little busy getting all the fine detail to it to come out to have to present to the consumer groups. So we have agreed to continue moving this thing forward and I know that Senator Lightford is going to work very carefully and closely with the House. And I, too, appreciate our staffs and their cooperation and effort to put this thing forward. So, for Members of the Illinois Senate that perhaps had some sensitivity to -- about 1993, be assured that we are going to make it a different bill and we’ll have the opportunity to react to it when it comes back over here to us. And I would ask for a favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will. Senator Link.
Thank you. First of all, I also want to compliment the sponsor. I served on the committee and saw how she’s taken on this bill and how it’s changed and how many things she’s done with it. But, Senator Lightford, as we’ve talked about this, a 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 number of -- and Senator Rutherford indicated in his comments, that there are a number of people that have indicated reservations about parts of this bill and things that they would like to change in it, and you had made commitments in committee about these changes. Will you still continue to work on this in the House with some of these changes?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President. Absolutely, Senator Link. In fact, Representative Julie Hamos is here on the Floor as we’re speaking. She will be the House sponsor and is totally committed to continuing discussions in the House with -- with myself and -- and Senator Collins and Senator Rutherford and our great staff, who have really, really, really worked on this. And, Senator Link, just to let you know, Senator Rutherford said it exactly - as policy makers, how do we come up with an Act, or protection of our current Act, that would allow the industry, in good faith, to continue doing business but to not gouge consumers and vulnerable people who need the income? And so we’re trying to balance that out with good public policy. We just ran out of time getting it done now. But we’re hoping that -- and we know that we’re in a good position. Everyone’s encouraged right now, which is good. And we’re hoping that in the House, we’d continue to have all of us play a major part in this and come up with something very good that will come back to the Senate for concurrence. And, you’ll have an opportunity to feel comfortable with it, when it arrives back for concurrence.
PRESIDING OFFICER: (SENATOR HENDON) 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Senator Hunter.
Thank you, Mr. President. I, too, would like to commend the sponsors of this wonderful bill. It’s very timely, very appropriate. I know that I’ve been receiving calls in my -- in my district offices from my constituents, indicating that because of their foreclosure situation, they’ve been going to payday loans to try to get moneys to try to catch up and keep up with their -- their loans for their mortgages. So, thank you very much, Senator Lightford and Collins.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford, to close.
All right. Thank you, Mr. President. Again, thank you to my colleagues and staff, and we will continue working on this in the House. I’m just letting you know in good faith that it’s okay to have all green lights. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1993 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 1993, having received the required constitutional majority, is declared passed. Senate Bill 1998. Senator Collins. Mr. Secretary, read the bill.
Senate Bill 1998. (Secretary reads title of bill) 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1998 creates the Homeowner Protection Act. What it will do, would give distressed homeowners up to a sixty- day grace period before their lender could foreclose on their home, during which time the homeowner would be encouraged to seek housing counseling and develop a debt payment plan. The Act would also require loan servicers to report to the Department on a bimonthly basis their efforts to assist distressed homeowners and would give the Department authority to participate in a nationwide automated residential mortgage licensing system. I would like your support. I’m open for any questions on the legislation.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator John Jones.
Thank you, Mr. President. Senator Collins, I -- I -- I talked with you in committee and before committee and -- and during committee on this bill and I -- I know how hard you’re trying to work for -- for the people of the State of Illinois that’s -- that’s facing foreclosures. But I -- I got a couple questions I want to -- want to ask you and I -- if you can just bear with me, and the President too, because this is an important piece of legislation. Senator Collins, this legislation would require lending institutions to send a notice to mortgage holders within thirty days of a missed mortgage 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 payment, is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Current -- the current federal law says that the financial institutions shall send it within forty-five days. So if I, for some reason, or you happen to be a couple of days late on your mortgage payment, and you take off on vacation for a couple/three weeks and then -- then while you’re on vacation, say, oh, my gosh, I forgot -- forgot to pay the house payment. But the banker’s a good friend of mine, you know, we’ll be all right. When we get back, I’ll -- I’ll give him a call when I get home and we’ll go in in a few days and -- and catch up on the payment. The way your legislation is drafted, the banks are going to be required to send out a notice within thirty days. So when that flag comes up that you haven’t paid your payment and you’re off on vacation, the process is already going to start. So what you’re doing is, you’re actually speeding up the foreclosure process on your constituents that you’re trying to help.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Collins.
Well, if you’re on vacation and you just missed your payment because you were out of the country or out of the State, 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 I don’t think you would be facing foreclosure. This notice that goes out - and we met with all the industry representatives - and this is a technical matter of how we would word the notice. It doesn’t infringe on the federal notification, because as we know now that the -- the federal notice does allow the delinquency note to go out after forty-five days. But, however, the federal law does not, however, give delinquent borrowers a grace period. So we’re trying to narrow this to focus in on those delinquent borrowers. So the way -- what we’re working with the industry representatives on is how we word the notice, where an individual on vacation wouldn’t be concerned, because they know that they were just out of the country, they’re payment will be in within the grace period that the bank always gives anyway. We’re trying to catch those people that are having problems. And we know a lot of people facing foreclosure are embarrassed, they’re slow -- they don’t know how to seek assistance. And so we’re trying to let them know that if it’s a matter of not having the monetary means or facing some crisis, that if they reach out to a housing counselor, they can go in and talk to the lender or the servicer and work out a debt payment plan.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones, to the bill, sir? Senator Jones.
…I -- I’m going to go to the bill. But let me -- let me just correct Senator Collins, because the -- the language in the bill actually says that you shall send it out within thirty days of the missed payment. So if you’ve missed a payment, you’ve been gone for three weeks, the lender is going to go ahead and 114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 start the process. They’re not going to wait the -- the whole thirty days. But let me -- let me just -- just say one other thing. The IDFPR Secretary, Dean Martinez, stated in a meeting with our staff and lending institutions that the banks should be in favor of this legislation because, as the bank stated, this really doesn’t do much. Under federal law, lending institutions must send a notice almost identical to this requirement in -- within forty-five days. So this will actually speed up the process by fifteen days. Besides speeding up the foreclosure process in this -- in a lot of the cases that this legislation’s already done at the federal level, Secretary Martinez is really -- is right that this really doesn’t do much. What it will do is give this Governor the opportunity to go out and get on the soapbox and demoralize another industry in the State of Illinois with a piece of legislation that really doesn’t do anything for the people of this State. I would urge a strong No vote on this piece of legislation.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) She will yield for a few questions. Senator Righter.
I always endeavor just to have a few questions, Mr. President, but I appreciate the admonition, nonetheless. Senator Collins, is -- was this brought on by the credit crunch, the economy, the slump in the economy? I mean, is that the primary driver behind Senate Bill 1998? 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Recent reports have indicated that Illinois ranks in the top ten of states facing foreclosure. The State of Illinois faced ninety thousand and eight hundred foreclosures last year, with the greatest amount of foreclosures taking place not in necessarily Cook County. But DuPage County saw an increase of a hundred and five percent in foreclosures; Kane County, ninety- six-percent increase in foreclosure; Lake County, seventy- percent increase in foreclosure; McHenry County sixty-eight- percent increase in foreclosure; Will County, seventy-eight- percent increase in foreclosure.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
In the interest of time, Mr. President and -- and Senator Collins, I want to dispense with the notion of the fact that a mortgage document is a contract entered into between two private parties, a lender and a borrower, and now we are going to thrust ourselves in on that and change unilaterally the terms of the contract. I want to ask, is there anything in the bill that limits what kind of property will be protected? In other words, I think it’s fair for us to characterize differently income- producing properties or second homes, as opposed to the actual roof over an individual’s or family’s head that they are trying to protect. Is there anything in the bill that treats those differently?
PRESIDING OFFICER: (SENATOR HENDON) 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Senator Collins.
I believe this refers to residential homes. Right now, it does apply to all loans. But the Department head has said that he’s willing to work on it to restrict it to residential homes. But let me just address the contract issue. The Act would not change the terms of the loan contract. Loan contracts do not require the lender to initiate foreclosure proceedings by any certain time. This Act is analogous to legislation like the High Risk Home Loan Act and the Payday Loan Reform Act, which require lenders to defer legal action or collection activity under certain circumstances.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. To the bill: With all due respect to Senator Collins, the High Risk Loan Act is not a good analogy. That applies to about one percent of loans. It’s targeted to help the people who need the help. As you just stated, this is anybody. This is everybody. Regardless of income, regardless of whether or not you’re someone at risk for losing the roof over your head or the person who’s extended themselves a little too far on the fourth or fifth or fortieth or fiftieth investment property they’ve purchased, you’re going to protect them as well in this bill. I don’t think that’s what we ought to be doing. I think people who are of that kind of economic standing and -- or have mortgages on rental properties, which would be covered under the language of your bill as it’s currently drafted, are not the people that this Senate or this 117 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 General Assembly or this State government needs to step in and protect. We should be focused on the people who are at risk of losing the homes in which they live. And this bill does not do that. For those reasons, Mr. President, I would urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Collins.
I thought I made it clear that the -- the Director, Dean Martinez, has indicated this is a work in progress. We’ve made a lot of changes based on the industry representatives, that we will work on it in the House to narrow down all the concerns of all the parties.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. For Senator -- I got question of the sponsor, please. Senator Collins, I certainly agree with the concept of the sixty days. I think the stress of having -- facing this foreclosure immediately and -- and people encouraged to take advantage of the counseling. It -- first question, is the counseling mandatory, and if it is not and a person refuses, what is the responsibility of the lender at that point?
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
We’re hoping that the notice that goes out that indicates that if they go to a housing counselor, they will receive a thirty-day grace period to work out a debt payment. Now, if they refuse the housing counselor, the lender, the servicer, is 118 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 able to proceed with foreclosure. They only get the thirty-day grace if they’re willing to work out -- work with the lender and a housing counselor. So if they choose not to go to a housing counselor, the -- the lender and the servicer could move forward on the foreclosure.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.
Thank you, Mr. President and Members of the Senate. To the bill: I also, as a sponsor of the bill, and having dealt with it in committee and as the Chair, I want to commend the sponsor in working with all parties and even in -- in opposition, all those in opposition, trying to formulate a excellent public policy. Obviously, it’s -- someone had mentioned earlier about this being a national problem and, of course, this is a national epidemic. But, real quickly, just walk through your districts. It’s right in front of us, down the street from you. Every for sale sign used to look like a wonderful opportunity to move on and to sell a home and make a profit. Today those -- those for sale signs are a sad reality of what is happening in our great State, Mr. President, and what’s happening around our nation. The king of the castle, the queen of her castle, are losing their homes and we have to do everything we can to try to figure out. I -- I know there’s still a lot of work to be done on this legislation. The right parties are there. There’s federal dollars that are going to be available also on the federal level to try to deal with this -- this -- this major epidemic. In addition, to that -- the fact that this is a partnership between banks and government coming together so that we can address 119 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 this. And I would plead to everyone in the Chamber to give it an opportunity to put more sunshine on this process and let it go through the process, so we can come up with a final product. And please vote Yes on this particular Senate bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins, to close.
Thank you. Let me just say that I am proud to be the sponsor of this legislation, because I think it’s very pro- consumer. We have recently saw how previously everyone took risks when we were riding the high tide of the housing bubble. And yet we’ve seen recently that there’s been four hundred billion dollars that the federal -- Federal Reserve has given to banks because of the catastrophe -- catastrophic effects of what is taking place in the economy due to this mortgage meltdown. Not only that, recently we saw that thirty billion dollars was lent to Bear and Stearns, taxpayers’ money, to help them bail out of the -- the mortgage mess. What are we going to do for the homeowner, the borrower? Maybe they took a risk also. I think I have a obligation and a responsibility as a legislator, facing the foreclosure numbers, to act to assist the homeowner retain their home. We are -- it’s the undergirding of the middle class as the foundation of this economy. And I would ask for your support.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1998 pass. All those in favor will vote Aye. Opposed will vote Nay. And 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 120 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 are 31 voting Aye, 23 voting Nay, none voting Present. Senate Bill 1998, having received the required constitutional majority, is declared passed. Senate Bill 1999. Senator Haine. Mr. Secretary, read the bill.
Senate Bill 1999. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Yes, Mr. President. Thank you. This is a consolidation bill, which would simply codify Executive Order 2004-6, which was issued by his Excellency the Governor in 2004. It consolidated the Departments of Insurance, Banking, Financial Institutions, Professional Regulation into one Department of Financial and Professional Regulation. The bill’s not intended to make any substantive change in -- in the law. The -- the Secretary indicates that they need this bill. He indicates he needs this bill to change the references to the legacy departments, which are now out of date in the statute.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please, for even fewer than a few questions?
PRESIDING OFFICER: (SENATOR HENDON) He most certainly will. Senator Righter.
121 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you. Senator Haine, I think that you and I were serving together here in this Chamber when, as you’ve referred to him, his -- Excellency, excuse me, issued the Executive Order of which this bill is the subject. At that time, did you think it was a good idea?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Senator, what I thought about it at that time, I can’t recall.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. That’s fair. Senator, as you stand here today, how would you judge the performance of the consolidation? How has it affected, in a positive or a negative way, however which you -- you wish to characterize it, the…
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Senator Righter, I have not received any complaints in my tenure here since 2004 about the operation of these divisions and this Department since that Executive Order. Zero, zip, nada.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. To the bill, if I might: Senator Haine, I appreciate that and that explains very well why 122 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 you would be the sponsor of this codification. I have had a different experience, as I think a number of other legislators have had, that this consolidation, done by Executive Order, has not worked well for the industries who have been the subject of this regulation and for the people that they serve. We’ve talked a lot about insurance on this Floor today. We talk a lot about insurance and insurance issues here on the Floor every single day. It should matter to us the manner in which we regulate those entities and how they feel about that regulation and how they operate under it. The feedback that I have gotten from my district has been that the regulation of these industries has been less efficient and less responsive than it was before this consolidation took place. Now, perhaps that’s just growing pains. Perhaps we’re still working our way into that. But, in the meantime, I think that we should pause before codifying it and putting it into State law, because once you do that, Mr. President, it becomes much, much more difficult for another administration who objectively looks at this and says, this is the not right -- not the right way to handle things, to undo that. For -- for that reason, and this is with -- without regard to the performance of Secretary Martinez. I’ve met him. I’ve had several conversations with him. He’s a fine gentleman. I think he’ll do a good job, but I think it is premature to put in State law this consolidation at this time. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Jacobs.
Question of the sponsor. 123 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) He indicates he’ll yield. Senator Jacobs.
Senator, I have great respect for you and that’s why I’m going to ask this question. Isn’t this really more than a -- a -- isn’t this just really a power grab by the Secretary? Isn’t it that this will take away the authority and give the authority -- take away the authority from the Director and give it to the Secretary?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Senator, I -- I appreciate that question and Senator Righter’s comments. But this is -- this is somewhat analogous to dealing with sins for which there’s already been given absolution. We had this Executive Order in 2004 and it’s now the law. And all this bill does -- this bill merely codifies that. This doesn’t change anything. This is now the law. It’s different than Senator Silverstein’s earlier resolution.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Senator, if there is no problem, than why -- why the need to codify the Executive Order?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
In the opinion of the Executive Branch, there -- there’s continued references to the legacy departments which cause 124 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 confusion. And this cleans it up, makes it compatible with the -- the Executive Order, which has been the law for four years.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs, you okay? Senator Silverstein.
Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He will -- he will yield. Senator Silverstein.
Senator Haine, yesterday, in Executive, we had Senate Resolution 656, which was disapproved, which is almost identical to this. Is -- is it -- do you see it the same -- same format?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Senator, if -- if this -- if your -- if the same type of resolution was introduced in 2004 and passed, this bill wouldn’t be on the Floor. But this was implemented in 2004. It’s been extant for four years. And all this does is clean up the -- the language of something that is now currently the practice and the law. It’s different. If we were embarking on a -- on a reorganization plan in 2008, it’d be a whole different story.
PRESIDING OFFICER: (SENATOR HENDON) Is there any further discussion? Seeing none, the question is, shall Senate Bill 1999 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 27 voting Aye, 24 voting Nay, 2 voting Present. Senate Bill 1999, having not 125 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 received the required constitutional majority, is declared failed. Senator Haine.
Move -- I move Postponed Consideration, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Postponed Consideration on 1999. Senate Bill 2042. Senator Bond. Mr. Secretary, read the bill.
Senate Bill 2042. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Thank you, Mr. President. This clarifies part of the School Code related to who pays for children who are placed in residential treatment facilities. I know of no opposition. Ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2042 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 2042, having received the required constitutional majority, is declared passed. Senate Bill 2051. Senator Link. Mr. Secretary, read the bill. Senate Bill 2051.
126 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Senate Bill 2051. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. This is -- just amends the Criminal Code Act. Defines peace officers. It’s a work in progress. It’s going to continue on in the House. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2051 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2051, having received the required constitutional majority, is declared passed. Senate Bill 2063. Senator Halvorson. 2063. Mr. Secretary, please read the bill.
Senate Bill 2063. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson.
Thank you, Mr. President and Members of the Senate. Senate Bill 2063 creates the South Suburban Airport Authority, which 127 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 will be responsible for developing and operation of the South Suburban Airport that will be located in eastern Will County. In March, the FAA received the preferred plan and will be making their decision. You will see this again because we have a lot to do with it. I’m thankful for Senator Radogno and for the people in committee yesterday who brought up some concerns -- some legitimate concerns with regards to eminent domain and dates. So I look forward to continue working on this and we’ll see it back here.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Radogno.
Thank you, Mr. President. This is an important issue for Will County and for the entire southwest suburban area. And this is a good start to -- there are still a few things we need to improve on the bill. But the main thing is that it puts the governance and the -- the power in Will County, which is where it belongs, because that’s where this airport is going to be. So I would urge a Yes vote on it.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Senator Wilhelmi.
Mr. -- thank you, Mr. President. I just rise in strong support of this bill and I want to commend Senator Halvorson, Majority Leader Halvorson, on her great work to make sure that Will County has significant control of the Authority that will build and operate this airport. This is an economic engine for Will County. It’s a regional airport and that’s why we brought in Cook County and -- and Kankakee County. I think the sponsor 128 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 has done an excellent job on this bill and I ask for an Aye vote in support of her.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2063 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 45 voting Aye, 7 voting Nay, none voting Present. Senate Bill 2063, having received the required constitutional majority, is declared passed. Senate Bill 2079. Senator Haine. Mr. Secretary, read the gentleman’s bill.
Senate Bill 2079. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Mr. President, all this bill does is extend the time to notify a landowner if they’re going to drill for oil or methane coal, whatever they’re going to do.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2079 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 2079, having received the required constitutional majority, is declared 129 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 passed. Senate Bill 2083. Senator Collins. Mr. Secretary, read the bill.
Senate Bill 2083. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2083 basically contains a framework for -- for creating a diesel emission reduction program for Illinois. The program will provide rebates, loans and grants for measures that significantly reduce diesel emissions from heavy duty and nonroad vehicles. However, the bill was amended. It removed all fees and penalties from the bill. And when we initially started the conversations on this bill, we had a lot of opposition. We have no opposition except from the Illinois EPA - not on the merit, but on the principle. They’re viewing it as an unfunded mandate. I received a call today from the Director, saying that they’re willing to work with us, and they even have some ideas of how to fund it, as it moves over to the House. And there was -- a question was raised in committee and I see Senator Risinger is standing. I’ll let him ask the question and I’ll be glad to respond to it.
PRESIDING OFFICER: (SENATOR HENDON) Questions or discussion? Senator Risinger.
Thank you -- thank you, Mr. President. Will the sponsor 130 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 yield?
PRESIDING OFFICER: (SENATOR HENDON) …yield. Senator Risinger.
Yes, first of all, I wanted to commend the Senator. She’s done a lot of work and -- and she removed the fees that we were concerned about to start with and -- and removed a lot of the opposition to the bill. EPA had slipped it in committee. I’ve gotten a call also. But would you explain what EPA’s concern is and how you’ve addressed that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Some of the remaining concern was, even though we had removed the fees and the penalties from the legislation, that the Illinois EPA would be able to promulgate rules and levy fees through a rulemaking process. We have been notified and informed today that they do not have that power to promulgate rules, to levy fees, that it would have to come back and be -- to the General Assembly and it has to be done by statute.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Yeah, to the bill, Mr. President. This bill is -- is one that is a -- something to help with diesel emissions. But the - - the cost is -- is a major concern. And the way this bill is structured, I would rather see tax credits. And the Senator and I have talked about that. And as I understand, Senator, you’re going to continue that discussion in the House to see if we 131 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 can’t move in that direction. I think that would make this a much better bill, if we can move it in that direction and have a tax credit and have people on their own initiative put those kind of controls on their diesel engines. Can you address that issue?
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins, to close.
Thank you very much. In closing, I would say that we are engaged in crafting language to add tax credits. You have my commitment that that will be the ongoing discussion as it moves to the House. I would appreciate your support.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2088 -- 2083 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 45 voting Aye, 5 voting Nay, 1 voting Present. Senate Bill 2083, having received the required constitutional majority, is declared passed. Senator Harmon, for what purpose do you seek recognition, sir?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, I’m very pleased to be joined on the Senate Floor here by Brendan Stelmach, a fifth grader from St. Luke School in 132 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 River Forest. He’s here with his family. The Stelmachs are in the gallery. Brendan has a keen appreciation of government. So keen, in fact, that I’m relieved he is a constituent of Senator Lightford and not in my district and won’t be running against me anytime soon. But I’m delighted to have Brendan on the Floor with me and the Stelmachs here in the gallery. I ask you all to join me in welcoming them to Springfield.
PRESIDING OFFICER: (SENATOR HENDON) Brendan, welcome to the Illinois Senate, and your parents. Senator Hultgren, for what purpose do you seek recognition, sir?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I have two special guests I want to introduce today. Chris Voorhees. I’ll have Chris stand up. Chris is a freshman at Wheaton College in my district. Chris is from New Jersey and he has been interning in my office this last year. Has done a wonderful job. Really grateful for him, for his work, and that he could come down here. And then also, Laura Finch is in the back here. Laura runs my district office and she came down here as well. I’d ask the Senate to welcome them today.
PRESIDING OFFICER: (SENATOR HENDON) We -- we welcome you both to the Illinois Senate. Majority Leader Halvorson in the Chair.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Garrett, on Senate Bill 2090. Senator Haine, on 2091. Mr. Secretary, read the bill. 133 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Senate Bill 2091. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Did you like my reference to absolution, since the Pope’s visiting, Senator?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine, please, get to the point.
Pardon me. I’m sorry. Madam President, this is a bill which was the subject of intense negotiations between the Board of Education, IEA, IFT, the school boards and the State’s -- State’s Attorneys. It -- it creates burdens on superintendents and school boards to refuse -- or, I’m sorry, to report child abuse, to refuse to employ people with a certain class of criminal acts. And it’s been extensively negotiated. I know of no opposition. It’s a good bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2091 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 51 Yeas, 1 voting Nay, none voting Present. And Senate Bill 2091, having received the required constitutional majority, is declared passed. Senator Wilhelmi, on Senate Bill 2097. Senator Cullerton, on 2099. Mr. 134 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Secretary, read the bill.
Senate Bill 2099. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
Thank you, Madam President, Members of the Senate. This bill directs the Department of Revenue to create a pilot program that allows for the purchase of certain lottery tickets on the Internet. Before we do this, the Department of Revenue would seek a clarifying memo from the federal Department of Justice just to verify that the new federal Act authorizes us to do this. This would be limited to people who are eighteen years of age and Illinois residents, unless, of course, the -- Department of Justice says we can have nonresidents. There will be set a limitation on the monthly purchases that may be made. And the most important thing is, it will be limited to the Lotto and Mega Million games. These are the games that have the high odds and that, right now, the only average purchase -- per game is about five dollars a month. So this is a pilot project. It would be -- last for about three to four years, and will be a report back to us as to the success of this. If in the future we ever want to lease or -- or sell the Lottery, we’d have an idea of how much more money. The private sector folks that have looked at this say this could bring in as much as four hundred million dollars. It’s certainly not an expansion of -- of gambling, because it’s only selling the -- the existing game in 135 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 a different way, akin to, you know, opening up a new terminal at a 7-Eleven. And the reason why it’ll bring in so much more money is that many people do not want to wait in line when the Lotto prizes get real big. So this way they could buy it on the Internet. It would be a very -- limited to a very small purchase price because of the high odds and I think it’ll bring in a lot more money for our educational system. I would urge an Aye vote and be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Demuzio, for what purpose do you rise?
Yes. Thank you, Madam Chair. On the previous bill, 2091, I would like to be recorded as an Aye instead of a No. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Demuzio. The record shall so reflect your intention. Is there any discussion? Seeing none, the question is, shall Senate -- Senate Bill 2099 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 30 voting Yea, 19 Nay, 1 voting Present. And Senate Bill 2099, having received the required constitutional majority, is declared passed. Senator Righter, for what purpose do you rise?
I would request a verification of the most recent roll call, please, Madam Chairman.
PRESIDING OFFICER: (SENATOR HALVORSON) 136 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Absolutely. That’s always in order. Will everybody please be in their seats? We will be going to a verification. Mr. Secretary, will you please read the affirmative vote -- those voting in the affirmative.
The following Members voted the -- in the affirmative: Bond, Clayborne, Crotty, Cullerton, DeLeo, Delgado, Demuzio, Forby, Haine, Halvorson, Harmon, Hendon, Hunter, Jacobs, Koehler, Lightford, Link, Maloney, Martinez, Munoz, Noland, Radogno, Raoul, Schoenberg, Silverstein, Steans, Trotter, Watson, Wilhelmi and Mr. President.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Righter, do you question the presence of any Member voting in the affirmative?
I do. Senator Jacobs.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs, are you in the Chamber? There he is.
Oh, I’m sorry, Madam President. I couldn’t see him. Senator Delgado was conversing with him, I’m sure on an important matter.
PRESIDING OFFICER: (SENATOR HALVORSON) Anybody else?
Senator DeLeo, perhaps.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo, you say?
137 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Oh, he’s over here. Okay, I’m sorry, I was looking for his -- looking for him in his chair.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator DeLeo’s in the Chamber.
I apologize. Senator DeLeo, how are you?
PRESIDING OFFICER: (SENATOR HALVORSON) Anybody else?
Yeah, Senator Radogno.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno in the Chamber? Senator Radogno. Well, if not, Mr. Secretary, strike Senator Radogno’s name from the roll. Senator Righter, do you question anybody else? Not that you need to.
I do not, Madam President. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) On a verified roll call, there were 29 Yeas, 19 Nays, 1 voting Present. And Senate Bill 2099, not receiving the required constitutional majority, is declared failed. Senator Cullerton, for what purpose do you rise?
May I put that bill on Postponed Consideration, please.
PRESIDING OFFICER: (SENATOR HALVORSON) The bill will be put on Postponed Consideration. Senator Clayborne, on 2105. Top of page 5. Senator Cullerton, on 2128. Mr. Secretary, read the bill.
138 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Senate Bill 2128. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
Yes. The -- thank you, Madam President, Members of the Senate. This amends the Condominium Property Act. It requires the licensing of managers of community associations. I’ve been in negotiations with the Illinois Association of Realtors and Greg St. Aubin. He’s indicated that they have been negotiating with the folks that are supportive of the bill and they think they have an agreement. But we don’t have time to adopt it here in the Senate, so I’d like to pass this bill and concur with the House amendments that’ll be incorporated to reflect the agreement of the Illinois Association of Realtors and the people who are interested in licensing managers of community associations. Be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2128 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 50 Yeas, none voting No, none voting Present. And Senate Bill 2128, having received the required constitutional majority, is declared passed. Senator Syverson, on 2138. Senator Murphy, 2142. Mr. -- oh, Madam Secretary, read the bill. 139 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Senate Bill 2142. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Murphy.
Thank you, Madam President. This bill came to me from a police officer in my district. It creates a new offense of obstructing identification offense added to the Criminal Code, for knowingly or intentionally providing a false or fictitious name, address, or date of birth to a peace officer who has lawfully arrested, detained, or requested information from a person or witness to a crime. I’m aware of no opposition to the bill and I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2142 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 53 Yeas, none voting Nay, none voting Present. And Senate Bill 2142, having received the required constitutional majority, is declared passed. Senator Trotter, on 2155. Senator Trotter, 2155. Senator Risinger, on 2158. Senator Haine, 2163. Madam Secretary, read the bill.
Senate Bill 2163. (Secretary reads title of bill) 3rd Reading of the bill. 140 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Haine.
Thank you, Madam President. 2163 is a proposal that allows by law the Illinois Commerce Commission jurisdiction over all providers of 9-1-1 services in order to protect public safety and maintain oversight in case of emergency situations in the State. It’s -- but it is not the intent -- my intent as sponsor of this legislation to broaden the jurisdiction of the ICC over any new types of services, whether they be through broadband, -- wire line, telephony -- telephony, or IP based services. And the ICC has -- has told me and had given their commitment and their word that nothing in this Act will be considered a door- opener to new authority for any new -- new federally regulated services. The intent of this bill is to make sure that -- that any 9-1-1 provider in this State should be accountable to the ICC if they fail to deliver in emergency situations.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2163 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 40 -- 52 Yeas, none voting Nay, none voting Present. And Senate Bill 2163, having received the required constitutional majority, is declared passed. Senator Millner, on 2166. Senator Murphy, on 2170. Madam Secretary, read the bill.
Senate Bill 2170. 141 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Murphy.
…Madam President. Senate Bill -- 2170 passed the Senate last year 58 to nothing. It merely grants teachers the same ability as school authorities to search a student and or a student’s personal effects if there is reasonable suspicion. The teachers’ union support this bill. I’m aware of no opposition from any groups. I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2170 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 53 Yeas, 1 voting Nay, none voting Present. And Senate Bill 2170, having received the required constitutional majority, is declared passed. Senator Delgado, on 2173. Madam Secretary, read the bill.
Senate Bill 2173. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
Thank you, Madam President and Members of the Senate. Senate Bill 2173, as amended, brings up -- the issue of 142 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 increasing physician rates for medical programs administered by the Department of Healthcare and Family {sic} has been a major recommendation of legislative task force, such as the Adequate Health Care Task Force and Joint Task Force on Rural Health and Medically Underserved Areas. And, in addition, we want to point out that public hearings also found that improving physician rates and -- more important to physicians than modifying the payment cycle. I want to point out that the major difference between ‘em is that the physician reimbursement rate increase for services provided under the KidCare, Covering All Kids and Medicaid programs will be impacted. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Radogno.
Thank you, Madam President. I often speak about expansions of Medicaid and we’ve tried to make a distinction between taking care of programs we currently have in place versus adding new ones. And I just want to say, on this particular issue we’ve talked a lot about how Medicaid rates as well as the payment cycle really hamper access, because providers don’t want to participate in the program and take patients. So I think this is a good issue, and I want to be sure to emphasize that the Medical Society, when they were in, was more than willing to work with us on it. They understand this is a budgetary issue, but they want to be sure that when the final budget is -- is talked about, that their needs and desires are out there, and will continue to work with us. So I would urge an Aye vote for this. 143 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Cullerton.
Yes. Thank you, Madam President. I just wanted to welcome Senator Radogno back to the Senate Floor.
PRESIDING OFFICER: (SENATOR HALVORSON) Will everybody please welcome Senator Radogno back to the Floor? Any further discussion? Senator Pankau.
Thank you. To the bill: I just wanted to emphasize that this is a three-year phase-in. Sixty percent of the Medicaid costs the first year, eighty percent the next year, a hundred percent the year after that. And it doesn’t come cheap. The first year would be thirty-two million dollars, the second year a hundred and seventy-five million, the third year three hundred and ten million to bring these up to speed. I’m going to be voting for this, because I think we need to do this, because how else are we going to start to stem this access to health care problem that we have in the State of Illinois. However, for those that are interested in how much this costs, this is not a cheap program. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none, Senator Delgado, to quickly close.
Thank you, Madam President. I want to thank the two previous speakers and the cooperation we’re receiving on this legislation. And it’s just a little cheaper than one of my colleagues who was up a little while ago speaking of how 144 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 expensive his bill was. But this is very necessary and I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall Senate Bill 2173 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 53 Yeas, none voting Nay, none voting Present. And Senate Bill 2173, having received the required constitutional majority, is declared passed. Senator Clayborne, on 2181. Senator Jacobs, on 2188. Madam Secretary, read the bill.
Senate Bill 2188. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.
Thank you, Madam President. This is a measure from the National Association of Professional Employee {sic} Organizations. We have been negotiating Senate Bill 2188 to eliminate concerns expressed by the Professional Independent Insurance Agents of Illinois. We have addressed those concerns, but unfortunately, due to the late -- time constraints of adopting and 3rd Readings, we’ve not been able to put that together. Therefore, we’d appreciate your -- or, your -- your understanding to move this bill to the House and we’ll have it back on concurrence so we can concur and make sure that they have actually done what they said they’d do. 145 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Hultgren.
Thank you, Madam President. Really quickly, do appreciate the work that the sponsor’s been doing on this. I think they’re -- they’re very close. I know the IMA has been working closely on this as well. So I -- I do encourage our Members to support this. We will be seeing this again. But it’s an important initiative and I thank the sponsor for his work.
PRESIDING OFFICER: (SENATOR HALVORSON) Question is, shall Senate Bill 2188 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 54 Yeas, none voting Nay, none voting Present. And Senate Bill 2188, having received the required constitutional majority, is declared passed. Senator Hultgren, on 2207. Madam Secretary, read the bill.
Senate Bill 2207. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hultgren.
Thank you very much, Madam President. This is an issue dealing with a flood issue in my district. It’s a part of Naperville, where thirty-two homes are -- are directly affected by flooding. They have been dealing with a local homeowner 146 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 there who wants to sell his property, but there’s a disagreement over the price. They’ve been negotiating for the last six years. Again, these thirty-two homes continue to flood year after year, after year. What both parties are asking is for us to go ahead and do this quick-take so that they would be able to get a final price presented from a non-interested party, to be able to show what the fair value is, to be able to close this up and protect these homes. Again, there’s no opposition to this bill. All parties are well represented, but this is something that’s necessary for us to get some closure and get these homes cared for. Again, I’d ask for your support. Be happy to answer any questions people might have.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2207 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 38 Yeas, 11 Nays, 2 voting Present. Senate Bill 2207, having received the required constitutional majority, is declared passed. Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne, for what purpose do you seek recognition, sir?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
147 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you, Mr. President and Members of the Senate. On the Republican side of the gallery, we have Dr. Jeanette Dear, along with students from the East St. Louis School District 189 gifted program. Like for them to be recognized.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Illinois Senate from the gifted program? Welcome. Welcome. Senate Bill 2214. Senator Cullerton. Out of the record. Senate Bill 2216. Senator Jacobs. Madam Secretary, read the bill.
Senate Bill 2216. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Thank you, Mr. President. Senate Bill 2216 allows labor providers to collect on lawsuits if they don’t get paid. Currently, they are not able to collect that money. People know they don’t have to pay ‘em. So if they win in the court, then they will be able to collect payment for lawyers’ fees as well. I know of no known opposition.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2216 pass. All those in favor, vote Aye. Opposed, vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2216, having received the 148 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 required constitutional majority, is declared passed. Senate Bill 2222. Senator Cullerton. Madam Secretary, read the bill.
Senate Bill 2222. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. This is somewhat technical in nature. It just makes revisory changes to the Pharmacy Act -- I’m sorry, the Insurance Code. And there’s no -- no opposition.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2222 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. Senate Bill 2222, having received the required constitutional majority, is declared passed. Senate Bill 2287. Senator Raoul. Madam Secretary, read the gentleman’s bill.
Senate Bill 2287. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul. 149 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Thank you, Mr. President. Senate Bill 2287, as -- as amended, prohibits a landlord from disclosing that a -- a victim of sexual assault or domestic violence who has used the Safe Homes Act to prematurely end their lease, it prohibits the landlord from disclosing that they used the Safe Homes Act to a prospective landlord.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Dillard.
Thank you, Mr. President. If the sponsor would yield for one quick question.
PRESIDING OFFICER: (SENATOR HENDON) He will. Senator Dillard.
Senator Raoul, I know the Realtors had some questions about this bill, and I’m -- and I’m for it, knowing that you’re going to continue to talk with them, but what’s the status of your discussions with them?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
This -- the -- the discussions around it, really less -- less of a substantive challenge with this particular bill as -- as much as whether or not the advocates for the use of the Safe -- Safe Homes Act would continuously amend the Safe -- the Safe Homes Act and what impact that -- that -- that -- that would -- would have. I’ve had that type of discussion with -- with the - - with the advocates and I’ve -- I’ve said that I -- I respect 150 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 the -- the -- the opinion of the Realtors and -- and I understand where they’re coming from and advise ‘em that it may be a good idea to -- to -- to try to see how this Act, once we accomplish this, works for -- for a little while before they try to tamper with it any -- any longer.
PRESIDING OFFICER: (SENATOR HENDON) Further… Senator Dillard.
Thank you, Mr. President. I -- I do rise in -- in -- in support of the bill. Senator Raoul has worked on this very, very diligently, along with his legal counsel over here. But I would encourage you, Kwame, to continue to at least stay in touch with the Realtors on this. But I’d urge an Aye vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Righter.
Thank -- thank you, Mr. President. Briefly, to the bill: Mr. President, Ladies and Gentlemen of the Chamber, I -- I can’t imagine there’s going to be anyone who’s not going to support this bill. But following up somewhat on Senator Dillard’s points - and I know that the sponsor appreciates this - is that and he -- and he referenced it earlier, about kind of talking to the advocates about the fact that, at some point, you need to put reforms in place and then let them play out and let’s see how that affects the system as a whole. That’s true for many areas of policy, but I don’t know too many areas, Mr. President, where it’s more important than this one. Because if we continue to put additions or amendments onto the Safe Homes Act and 151 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 saying we’re going to do this and we’re going to do this, we begin to broadcast and broadcast louder an inappropriate message and that -- and an unfair message that victims of domestic violence are problem tenants. That is a message that this Chamber and I know Senator Raoul does not want to send. And so I hope with the adoption of this - and I sincerely hope Senate Bill 2287 becomes law - that we will give some time to see how the system works with regards to this measure. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, to close.
Thank you, Mr. President. I -- I appreciate the -- the concerns brought by my colleagues on -- on the other side of the aisle. When this bill, a couple of years -- originally came to me, I -- I was the one that got the Realtors and the advocates to the table and we -- we substantially changed the bill from what it was when it originally came from the House. I urge your support on this. And -- and I respect the concerns that have been raised.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2287 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have you all voted who wish? Have you all voted who wish? Have you all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, non voting Present. Senate Bill 2287, having received the required constitutional majority, is declared passed. Senate Bill 2297. Senator Clayborne. Madam Secretary, read the bill. 152 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Senate Bill 2297. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. President, Members of the Senate. Senate Bill 2297 is designed to address a situation where more and more municipalities are beginning to franchise their garbage collection. And if -- if -- this bill deals with if a municipality has never franchised their garbage collection on nonresidential, then there are certain things they must do: one, hold at least one public hearing seeking comment on the advisability of awarding such a franchise; two, providing at least thirty-day written notice of the hearing, delivered by first class mail to all private entities that provide nonresidential waste collection services within the municipality that the municipality is able to identify through records -- through its records; three, providing public notice of the hearing. At the public hearing, the municipality must disclose and discuss the proposed franchise fee or calculation, and also it cannot go into effect until fifteen months after the date of the ordinance or resolution approving of the award of the franchise.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall Senate Bill 2297 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all 153 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 2 voting Nay, and 1 voting Present. Senate Bill 2297, having received the required constitutional majority, is declared passed. Senate Bill 2300. Senator Sullivan. Madam Secretary, read the gentleman’s bill.
Senate Bill 2300. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. Senate Bill 2300 is an effort to address access to ambulance services in both the rural and urban areas of the State. It addresses the chronic underfunding of ambulance services by the State of Illinois. It creates a three-year phased-in increase in ambulance service reimbursement rates based on Medicare rates, which includes geographical adjustments. At the conclusion of the three-year phase-in, the reimbursement rates will be one hundred percent of Medicare rates for rural areas and eighty percent for urban areas. I’d be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Thank you, Mr. President. To the bill: I think this is a great effort on the part of the sponsor and I commend him for phasing this in over three years. Anything that we do here 154 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 comes with a price tag and this has a price tag too. In ‘09, it’ll be seven million dollars; in ‘10, seventeen million; and in -- in fiscal year ‘11, twenty-nine million. But the disparities out there are immense and it needs to be on a solid footing. This is a program we already have, but it’s time to make it a really good program. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2300 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 2300, having received the required constitutional majority, is declared passed. Senator Link, for what purpose do you seek recognition, sir?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) …your point.
In the gallery on the Republican side, we have a school from the great City of Waukegan, Jefferson Middle School, with their teacher, Brandon Duffy. I would like the Senate to welcome them.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Senate? Jefferson Middle School. Welcome. From the great City of Waukegan. Senate Bill 2305. Senator Cullerton. Out of the record. Senate Bill 2313. Senator Garrett. Madam Secretary, 155 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 please read the bill.
Senate Bill 2313. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Yes. Thank you, Mr. President. This bill’s been a long time coming. What we do is -- what we have done is created the Electronic Recycling Fund, which establishes the Electronic Products Recycling and Reuse Act. It prohibits the disposal of residential computers, computer monitors, televisions and printers in landfills or by incineration starting in the year 2012 and creates a statewide manufacturer-sponsored recycling program for electronic devices. This also creates a statewide recycling goal for computers, computer monitors, printers and televisions equal to 2.5 pounds per capita. It also creates specialized yearly recycling goals for manufacturers and imposes a penalty on manufacturers who fail to meet sixty percent of their individual recycling goals in the program year 2012. I -- and the IEPA will be the administrator of the program. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Murphy.
Thank you, Mr. President. To the bill: I just want to commend the sponsor for her work on this bill. It’s a good effort and I’d urge an Aye vote on our side of the aisle. 156 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2313 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take -- take the record. On that question, there are 52 voting Aye, none voting Nay, 2 voting Present. Senate Bill 2313, having received the required constitutional majority, is declared passed. Senate Bill 2321. Senator Trotter. Madam Secretary, read the gentleman’s bill.
Senate Bill 2321. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Mr. President and Members of the Senate, this amends the Counties Code. It provides that a county board may authorize a county law library fee of not more than eighteen dollars in 2008, nineteen dollars in 2009, up to twenty-one dollars in 2010, thereafter.
PRESIDING OFFICER: (SENATOR HENDON) …any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He will. Senator Righter.
Senator Trotter, is -- are there any parameters - I mean - 157 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 other than the caps that you mentioned how much the fee can be - I mean, who is the county board allowed to assess the fee on? I mean, who’s going to be paying the bill here?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
It did -- it will be on those individuals who go in to make pleadings. They will have to pay a one-time, if they have a pleading.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Okay. So, we’re going to -- we’re going to up the filing fee for purposes of the law library, if the county board wants to do it. What kind of actions are contained within this? In other words, is it all actions? Is it just cases over a certain value? Can you -- are there any perimeters with regard to that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
There are no parameters on that, sir.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you. Senator Trotter, what are -- do you know what the filing fees are now in Cook County for, let’s say, an -- a civil -- an L case, L level case?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter. 158 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Thirteen dollars, sir.
PRESIDING OFFICER: (SENATOR HENDON) Seeing no further discussion, the question is, shall Senate Bill 2321 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 voting Aye, 12 voting Nay, none voting Present. Senate Bill 2321, having received the required constitutional majority, is declared passed. Senate Bill 2342. Senator Wilhelmi. Madam Secretary, read the bill.
Senate Bill -- I’m sorry, 2342. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2342 allows property taxes levied in two or more special service areas to be pledged to secure a single bond issue benefiting the special service area if those special service areas are within a corporate -- or the corporate limits of one municipality. We amended the bill to clarify how property taxes will be levied in two or more special service areas so that one service area doesn’t bear more than its fair share of the burden once the tax is levied. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) 159 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Any discussion? Senator Murphy.
Thank you, Mr. President. This passed out of the Revenue Committee with unanimous support of the -- of our side of the aisle. It’s a good effort on the part of the sponsor to make this a better bill and I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2342 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2342, having received the required constitutional majority, is declared passed. Senate Bill… Senator Holmes, were you trying to get… No. Senate Bill 2355. Senator Wilhelmi. Madam Secretary, read the bill.
Senate Bill 2355. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, again, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2355 amends the Criminal Code regarding STD and HIV testing of defendants charged with sexual assault. The bill requires the State’s Attorney to seek an order compelling the accused to be tested for sexually transmitted diseases, including HIV, within forty-eight hours of arrest for 160 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 criminal sexual assault and other such offenses. It also requires the defendant to receive notice of the -- of the test results and requires the court to charge the cost of testing to the defendant upon conviction. Finally, we amended the bill to require that the court inform the victim of the Department of Public Health’s HIV/AIDS hotline for counseling and information about test results. With this change in the law, we will be in compliance with the federal statute, the Violence Against Women Act, a federal law with a grant program and the money used from the grant program by the State’s Attorneys are used for rape crisis and domestic violence. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2355 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2355, having received the required constitutional majority, is declared passed. Senate Bill 2356. Senator Hultgren. Madam Secretary, read the gentleman’s bill.
Senate Bill 2356. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hultgren.
161 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you -- thank you, Mr. President. This is a initiative that was brought to me by the DuPage Mayors and Managers. Passed unanimously out of Local Government. No opposition to it. What it does is -- there are several communities that have many railroad tracks in my area and what it allows is annexation of acreage less than sixty acres using a border of a railroad track. And, again, like I said, there’s -- I have not heard of any opposition. No one spoke up in committee opposed to it.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2356 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 2356, having received the required constitutional majority, is declared passed. Senate Bill 2358. Senator Haine. Out of the record. Senate Bill 2369. Senator Garrett. Out of the record. Senate Bill 2374. Senator Risinger. Madam Secretary, read the gentleman’s bill.
Senate Bill 2374. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Thank you, Mr. President. What Senate Bill 2374 does is -- 162 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 asks the Department of Correction, on behalf of the State of Illinois, to quit claim deed property that was a youth detention center in Hanna City to the County of Peoria. The property then would be used to alleviate overcrowding of the jail and also to house the mentally ill that are -- are prisoners, so that they don’t have to be commingled with the jail prisoners.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Burzynski.
…you. Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Burzynski.
Thank you. Senator, what is the value of the property that’s being transferred from the State to the County of Peoria?
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
There’s approximately forty acres -- under forty acres, thirty -- thirty-some acres. There has not been a -- a -- an appraisal done. We’d have to do appraisals. Many of the buildings there have fallen into deterioration. There hasn’t been any activity on the property for at least five years, maybe some of it a little longer. So, at this time without a proper evaluation, a proper appraisal, I don’t have that exact value.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
163 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you. Senator, wouldn’t it be good to know what the values were, so that we’d know what kind of asset the State’s giving up to the county?
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Well, actually, the -- the property is not being given up to the public. The property is going to be used for public use. It was used for public use to house prisoners. It was a boot camp, if you will, for the State, and now it’s going to be -- or excuse me, a juvenile -- center, and now it’s going to be used for a boot camp for the prisoners that are going to be housed at the county jail and to alleviate that overcrowding. So, in fact, it would be -- so, money that would -- we would spend for those appraisals, I’m not sure what the good would be because we’re going to go from public use to public use. And, in fact, we put a reverter clause in this bill that said, if we don’t use it for public use, it reverts back to the State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you for that response, Senator, but my question was merely if the State sold that for development purposes, what it would be worth, and whether that would be more in the benefit of the State as a whole, rather than just Peoria County?
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President. To the bill: This right now is 164 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 an eyesore, and if the State were to try to sell it or whatever, it’d probably have to demolish all the buildings, which would be at extensive cost. This is important to Peoria County. Along with Senator Risinger, I do represent Peoria County, and I’d appreciate an Aye vote on this.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger, to close.
I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2374 pass. All those in favor will vote Aye. Opposed will vote Nay. And 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 50 voting Aye, 4 voting Nay, none voting Present. Senate Bill 2374, having received the required constitutional majority, is declared passed. Senate Bill 2375. Senator Forby. Out of the record. Senate Bill 2397. Senator Cullerton. Senate Bill 2402. Senator Martinez. Madam Secretary, please read the lady’s bill.
Senate Bill 2402. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President and Members of the Senate. I think we -- we talked about this bill of the charter schools. 165 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Senate Bill 2402 raises the cap on charter schools from sixty to a hundred. This bill also deletes the geographic stipulation for the locations of the charter -- of the charters. Removing the geographic boundaries for all charters will allow the school to develop in the areas where the demand -- where there is a demand for them. The new charters will be limited to one campus each. There are thirteen thousand - I said a hundred and thirty thousand before, that was too much - but, thirteen thousand students sitting on a waiting list to enroll in charter schools. In August of this year, the thirtieth charter -- Chicago charter school will be open and the limit will be met. We need more charter schools to meet the urgent needs of our students. Illinois charter schools have a track record of excellence in public education. Seventy-five percent of the student population they serve is in low-income areas. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2402 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 10 voting Nay, none voting Present. Senate Bill 2402, having received the required constitutional majority, is declared passed. Senator Martinez, again. Senate Bill… Senator Raoul, for what purpose are you seeking recognition, sir?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) 166 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 State your point.
In -- in the gallery behind you, Mr. President, is -- are students from the Lenart Regional Gifted Center in Chicago. One of the students was Justin Baldridge, who was the grandson of Wilson Frost, that I mentioned earlier. Wilson Frost, I neglected to mention, used to take our good President to school. So, he was in essence the Godfather’s godfather. I’d like for - - to recognize…
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Illinois Senate? Welcome. Senator Martinez, on 2403. Senator Martinez. Madam Secretary, please read the lady’s bill.
Senate Bill 2403. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. Senate Bill 2403 requires that the support component of rates of reimbursement for skilled nursing facilities and intermediate care facilities shall be calculated using the most recent cost reports, dated no later than April 1st, 2006, and updated for inflation in January 1st, 2007. In addition, the support component of the facilities shall be updated annually using the most recent cost reports not less than two years old, and updates for inflation to January 1st from -- from the prior 167 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 year. This is a -- this is a budgetary planning -- bill. This legislation will call for updates every other year to parts of the Medicaid reimbursement system used to care for vulnerable -- for our vulnerable elderly. I -- we’ve been working on this bill. I know there’s been a lot of input from everyone concerned and I will be happy to -- answer any questions, because I know there probably are some questions.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Rutherford.
Thank you, Mr. President. I stand in support of the legislation. This is a component of the minimum data set, which is made up of various pieces for the -- calculating the reimbursement rate to our nursing homes. We’ve not updated the cost reports for quite some time. And, Senator, I do stand in strong support of this legislation.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2403 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2403, having received the required constitutional majority, is declared passed. Senate Bill 2412. Senator Demuzio. Out of the record. Senate Bill 2426. Senator Silverstein. Madam Secretary, please read the gentleman’s bill.
Senate Bill 2426. (Secretary reads title of bill) 168 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
This is regarding cyberbullying. Expands the offense of cyberstalking to include knowingly soliciting another person to commit a crime directed towards another person or their family through the Internet, through telephones or any other computer means.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2426 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 1 voting Nay, none voting Present. Senate Bill 2426, having received the required constitutional majority, is declared passed. Senate Bill 2472. Senator Steans. Senator Steans seeks leave of the Body to return Senate Bill 2472 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2472. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Yes. This amendment becomes the bill. I move to adopt. 169 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans moves to adopt Amendment -- is there any discussion? Seeing none, Senator Steans moves to adopt Amendment No. 3 to Senate Bill 2472. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2472. Madam Secretary, read the bill.
Senate Bill 2472. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Yes. Thank you, Mr. President, Ladies and Gentlemen of the Senate. Yes. This bill amends the Liquor Control Act to define flavored alcoholic beverage as “alcopops”, that -- those that contain stimulants, including caffeine, guarana and taurine. And it provides some labeling requirements. And I’m very appreciative that the beer companies and the beer distributors have been very cooperative in coming to agreement on this bill. Move for your…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Cullerton. 170 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Sponsor will yield. This is not her first bill. Sponsor will yield.
Is this your second bill?
PRESIDING OFFICER: (SENATOR HENDON) Second bill, Senator.
You know -- you know what we do with second bills here?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Go ahead, call it.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield very briefly, please?
PRESIDING OFFICER: (SENATOR HENDON) She will -- she indicates she will. Senator Righter.
Thank you. Senator Steans, you and I have discussed this bill and I know this -- this -- this bill has been the subject of considerable discussion. This is the language now that the - - the beer distributors and other associated entities were seeking to have put on the bill in order to be satisfied with its language. Is that correct? 171 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Yes, that’s correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter. The -- further discussion? Seeing none, the question is, shall Senate Bill 2472 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2472, having received the required constitutional majority, declared passed. Senate Bill 2476. Senator Hunter. Madam Secretary, read the bill.
Senate Bill 2476. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. As indicated yesterday and as -- amended, Senate Bill 2476 creates the Commission to Study Disproportionate Justice Impact. It directs the Commission to study the disparate impact of Illinois’ criminal and sentencing laws, especially those that relate to controlled substances, and to report back to the General Assembly with recommendations for legislation and policy changes. 172 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2476 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2476, having received the required constitutional majority, is declared passed. Senate Bill 2479. Senator Cullerton. Madam Secretary, read the bill.
Senate Bill 2479. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This is similar to a bill we passed last year 56 to nothing, which is still over in the House Rules. It amends the Cook County Article to require that county correction officers who suffer heart attacks or strokes as a result of the performance and discharge of their duties shall be considered as having been injured in an act of duty and shall be eligible for benefits. I’ve indicated to Zack Stamp, who represents the retirement board of the County Employees’ Annuity and Benefit Fund that we will work with him in the House on any amendments he may need to get his support. With that, I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) 173 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Is there any discussion? Seeing none, the question is, shall Senate Bill 2479 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 1 voting Nay, none voting Present. Senate Bill 2479, having received the required constitutional majority, is declared passed. Senate Bill 2481. Senator Lightford. Madam Secretary, read the bill.
Senate Bill 2481. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2481 requires out-of-state teachers to hold certificates regarding basic skills and other tests. It deletes the provision exempting them from holding this certificate and the bill allows the requirement to give them nine months to prepare for the certification. Proponents is ISBE and IEA, and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall -- Senate Bill 2481 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2481, 174 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 having received the required constitutional majority, is declared passed. Senate Bill 2499. Senator Crotty. Madam Secretary, read the bill.
Senate Bill 2499. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty, on 2499.
Thank you very much, Mr. President. Senate Bill 2499 mandates coverage for habilitative services for the treatment of children under nineteen years of age with congenital or genetic defects existing at or from birth or a defect acquired at a young age. Currently, the insurers insure people for rehabilitative, but not habilitative. And according to the American Academy of Pediatrics, Illinois insurers have been denying that coverage. So this bill will allow them to be covered. I also…
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? I’m sorry, Senator. Go right ahead, Senator Crotty.
I also want to make sure -- as of yesterday and in the committee, this bill will be going to the House and we will still continue to work on that. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Brady.
175 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you, Mr. President. I stand in support of the lady’s piece of legislation. She’s worked hard to get the business groups on board and I’m sure she’ll do the same in the House.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2499 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2499, having received the required constitutional majority, is declared passed. Senate Bill 2505. Senator Kotowski. Madam Secretary, read the bill.
Senate Bill 2505. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you, Mr. President. This -- this bill is a bill in essence to provide a performance-based contract to provide incentive for residential service providers to provide the best possible care for the children in their care and transition them as necessary to appropriate settings. The incentive would be based upon the performance-based rates of reimbursement under which providers who are the most efficient and effective are reimbursed at a higher rate. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) 176 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Is there any discussion? Seeing none, the question is, shall Senate Bill 2505 pass. Those in -- all those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 2505, having received the required constitutional majority, is declared passed. Senate Bill 2506. Senator Kotowski. Madam Secretary, read the bill.
Senate Bill 2506. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
Thank you, Mr. President. Senate Bill 2506 is a recommendation of the Illinois Health Care Council of Illinois. Senate Bill 2506, as introduced, declares the Director of Public Health is permitted to require that a nursing home use the amount of a penalty assessed under this Act for the intent of implementing a designated plan of correction instead of paying the amount of the penalty to the Department.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Pankau.
Thank you, Mr. President. To the bill: I urge an Aye vote on this bill. It seems like common sense. Shouldn’t the penalty be used to fix the problem that they were penalized for? 177 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 But that’s not always been the case, and this puts it in law that you got to use the money to fix the problem that you were originally penalized for. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2506 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2506, having received the required constitutional majority, is declared passed. Senate Bill 2538. Senator Garrett. Out -- Madam Secretary, read the bill.
Senate Bill 2538. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Yes. Thank you, Mr. President. Quickly, what this bill does is establish an education/outreach campaign through DCEO and the Department of Human Services to provide incentives for the disabled for employment.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2538 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none 178 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 voting Nay, none voting Present. Senate Bill 2538, having received the required constitutional majority, is declared passed. Senate Bill 2552. Senator Murphy. Madam Secretary, 2552, please read the gentleman’s bill. 2552.
Senate Bill 2552. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
Thank you, Mr. President. This bill, again, came from a constituent. It would require criminal background checks for license-exempt child care providers. In addition to that, it would create a task force to study centralizing our background check systems for State and local governments to -- to achieve efficiencies and take some of the burden off of some of these agencies. This bill is going to require some additional work in the House. I pledge to -- to work to get these issues worked out, but I’d encourage an Aye vote today and appreciate your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2552 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting No, none voting Present. Senate Bill 2552, having received the required constitutional majority, is declared 179 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 passed. Senate Bill 2580. Senator Cronin. Out of the record. Senate Bill 2584. Senator Althoff. Senate Bill 2584. Senator Harmon. Madam Secretary, read the bill.
Senate Bill 2584. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. Has the amendment already been adopted? Thank you, Mr. President. I assumed the chief sponsorship of this bill from Senator Althoff just within the last couple of hours since she was -- would be unavailable to present the bill. It did come through the Senate Revenue Committee, though, so we’ve worked together on it. This arises out of a situation in her district where there was some difficulty in challenging a proposed special service area. Senator Althoff did a very good job of creating more information to help those wishing to challenge without upsetting the -- the balance and the settled law in special service areas. As amended, I’m not aware of any opposition and I’d ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2584 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none 180 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 voting Nay, none voting Present. Senate Bill 2584, having received the required constitutional majority, is declared passed. Senate Bill 2595. Senator Trotter. 2595. Madam Secretary, read the gentleman’s bill.
Senate Bill 2595. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Thank you very much, Mr. President, Members of the Senate. 25 -- Senate Bill 2595 increases the contribution rate for all community college districts from the current rate of .5 percent to .75 percent of gross payroll of all active employees, employers and the State on January 1st, 2009. It also adds the City Colleges of Chicago to the college insurance program, which currently is the only community college in the State that is excluded from the provisions. The bill provides for the identical buy-in process established in all community college areas back when the CP was established in 1997. It also, beginning on July 1st, 2009, active City Colleges -- City employees will contribute .75 percent of their gross pay to the fund. The City Colleges of Chicago Community College District will match the employee contribution with a .75-percent gross payroll contribution to the fund and this will begin on July 1st, 2009. This -- this bill, if I may, is supported by the State Universities Annuitants Association, the City Colleges of Chicago Annuitants Association, the Illinois Community College 181 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Trustees Association, the City Colleges of Chicago, Illinois Federation of Teachers, the State Universities Retirement Fund. And I’ve just had a conversation with IEA, a Mr. Will Lovett, who sees that there’s a couple flaws in the bill, but he said he’s willing to work with us when we get it over to the House on -- once we pass this bill.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Brady.
Thank you, Mr. Speaker. Ladies and Gentlemen, I -- I rise in opposition to the bill. I voted for it in committee, Senator. I have several questions that I think still need to be answered. That -- we have a problem, a problem that has not been managed. The Senator’s trying to solve that problem. But, unfortunately, the Illinois Education Association, who represents many of the teachers who will pay this increase, was not included in those negotiations. You’ve acknowledged that they’re opposed to it as it is. You want to work it out in the House. I’d rather see you postpone the deadline and -- and work it out here. We’ve got some actuarial issues that need to be addressed, whether or not moving the City College annuitants into the downstate community college fund would actually create a hardship for us. I think people need to know as well that this may be the solution, but this solution could cause an increase in property taxes to fund this increase paid for by the employer.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, to close.
182 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 I just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 2595 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 voting Aye, 16 voting Nay, 2 voting Present. Senate Bill 2595, having received the required constitutional majority, is declared passed. Senate Bill -- Senator Righter, for what purpose do you seek recognition, sir?
Mr. President, thank you for recognizing me. I got so caught up in the bipartisanship of the moment and the hour that I inadvertently hit my green switch on that last bill, rather than my red switch. I would like the record to reflect that I intended to vote No on the most previous bill, which was…
PRESIDING OFFICER: (SENATOR HENDON) Record will so reflect your intent to vote No on 2595.
Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senate Bill 2596. Senator Delgado. 2596. Madam Secretary, read the bill.
Senate Bill 2596. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado. 183 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Thank you, Mr. President and Members of the Senate. Senate Bill 2596, as amended, deletes everything and becomes the bill. As amended, expands the offense of reckless conduct to include operating a motor vehicle and causing bodily harm to -- to or endangering the bodily safety of a vulnerable user of the public way if the person recklessly acts that causes the -- the harm or endangered safety, and it makes it a Class A misdemeanor. Where the reckless conduct causes great bodily harm or permanent disability or disfigurement, it then becomes a Class 4 felony. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2596 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. Senate Bill 2596, having received the required constitutional majority, is declared passed. Senate Bill 2626. Senator Cronin. Madam Secretary, read the bill.
Senate Bill 2626. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.
Thank you, Mr. President. This bill seeks to address some 184 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 of the concerns for preservationists and property rights people alike and local government. They -- it’s agreement -- they -- they’ve been agreeing along the way. There’s been wonderful progress and all the parties have agreed that they’d like to further discuss the matter over in the House. If it isn’t agreed to by all the parties impacted, the commitment on my end is that -- that I won’t call the bill. And so, therefore, I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Lauzen.
Thank you, Mr. President. Thank you very much for giving us the background of what -- what’s intended. At this point, the Realtors and the Home Builders are still opposed?
PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin. That was a question, right? Senator Cronin.
They -- they -- I asked them point blank if they’re opposed, we will not advance the bill. They said, “No, no, no, we think we can come to terms and we agree to let the bill advance.” If something happens on toward over in the House, it’s got to come back here. If they’re not happy, I just won’t call the bill.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall Senate Bill 2626 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take 185 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 the record. On that question, there are 53 voting Aye, 1 voting Nay, none voting Present. Senate Bill 2626, having received the required constitutional majority, is declared passed. Senate Bill 2632. Senator Dahl. Madam Secretary, read the bill.
Senate Bill 2632. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Thank you, Mr. President. Senate Bill 2632 amends the Department of Commerce and Economic Opportunity Law to require, subject to appropriations, DCEO to conduct a study to identify current and projected shortages in crucial occupations and specific skills within Illinois business and industries. DCEO is further -- devise strategies to alleviate any identified shortages. And DCEO is further authorized to use the materials already gathered, including studies conducted under the Critical Shortages Initiative. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2632 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. Senate Bill 2632, having received the required constitutional majority, is declared passed. Leave of the Body, we’re going to skip from 2653 to 186 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 page 9, 2702. Senator Cullerton. Madam Secretary, read the bill. Senator Cullerton seeks leave of the Body to return Senate Bill 2702 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2702. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill deals with advance deposit wagering. The amendment reflects an agreement with Arlington Park and the Illinois Racing Board with regard to the investigation of -- advance deposit wagering companies that are out-of-state that are doing improper activities. So I would ask for its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion on the amendment? Senate -- on the amendment, sir? Okay. No, on 3rd Reading. Senator Cullerton moves adoption of Amendment No. 1 to Senate Bill 2702. All in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton, on Amendment 2. Amendment No. 2 to 2702. 187 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
Oh, I’m sorry -- I -- I’m sorry, Mr. -- Mr. President. I believe that the Amendment No. 1 was the substantive bill and Amendment No. 2 is the one that I described as Amendment No. 1. So Amendment No. 2 is the -- reflects that agreement between Arlington Park and the Racing Board with regard to the regulation of the…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Cullerton moves adoption of Amendment No. 2 to Senate Bill 2702. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2702. Madam Secretary, read the bill.
Senate Bill 2702. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This is an important bill. It -- and it’s supported by all of the race tracks in Illinois, as well as the horsemen, which is a very difficult thing to do. But they all have come together on this. 188 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 It would authorize advance deposit wagering. It’s supported by the -- the Racing Board. Over twenty states currently have advance deposit wagering, where these states regulate, license and tax and ensure the integrity of these wagering systems. And we have not done that in Illinois and that’s why we need this bill. We do process between fifty million and a hundred million annually from the Illinois wagering public on out-of-state races. So what we need to do is to stop losing over one million dollars in taxes and at least fifteen million dollars in purses and tracks commission by making sure that we are licensing these out-of-state companies and some in-state companies with this bill. So it’s a -- it’s a very good piece of legislation. It was agreed to by the Racing Board and all the tracks and the Horsemen’s Association. And be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Burzynski.
Thank you, Mr. President. To the bill: Some might suggest that rather than codify an existing practice that’s going on out there, that we should crack down on this illegal wagering in the State of Illinois. I just want to point out to my colleagues, this is an expansion of gaming in the State of Illinois. It allows another form of gaming and I think the Body should be aware of that. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton, to close.
Yes. Thank you, Mr. President. Just to clarify something: 189 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 This is not an expansion of gambling. It’s legal right now for people in Illinois, on the phone, to establish an account and to bet on races outside of Illinois. And we’re not regulating those people who they’re placing those bets with. So, it’s not an expansion of gambling; it’s taking what is ongoing right now and regulating it and taxing it. So it makes all the sense in the world. And it’s clearly not an expansion of gambling. So, with that, I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2702 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 13 voting Nay, 1 voting Present. Senate Bill 2702, having received the required constitutional majority, is declared passed. We’re going to stand at ease for a few minutes. The Rules Committee will meet immediately in the President’s Anteroom and then we’ll be almost finished with our business. We need a Rules Committee meeting immediately in the President’s Anteroom. Would all members of the Rules Committee come immediately to the President’s Anteroom? Senator Sullivan in the Chair, while Senator Hendon goes to the Rules Committee. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Sullivan. Madam -- Madam Secretary, 190 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Committee Reports.
Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Agriculture and Conservation Committee - House Bill 271, House Bill 2825, House Bill 3571 and House Bill 5076; refer to Appropriations II Committee - House Bill 4163; refer to Commerce and Economic Development Committee - House Bills 1496, 4216 and 5585; refer to Education Committee - House Bills 1007, 1054, 1141, 1338, 2007, 3361, 3406, 4705 and 5717; refer to Environment and Energy Committee - House Bills 314, 1119, 3733 and 4129; refer to Executive Committee - House Bills 3106, 3569, 4189 and 5768; refer to Financial Institutions Committee - House Bills 1361 and 4191; refer to Human Services Committee - House Bills 1351, 1533, 3508, 4190, 4199, -- I’m sorry, 4456, 4590, 5017 and 5729; refer to Insurance Committee - House Bills 1432, 2285 and 4255; refer to Judiciary-Civil Law Committee - House Bills 227, 1747 and 4195; refer to Judiciary-Criminal Law Committee - House Bills 134, 1639, 1998, 2859, 3399, 3477, 3633 and 4556; refer to Labor Committee - House Bills 773, 988, 4583 and 5760; refer to Licensed Activities Committee - House Bills 3679, 4407 and 5614; refer to Local Government Committee - House Bills 611, 2133, 2671, 2913, 4174, 4283, 4353, 4378, 4588, 4687, 4725, 4992, 5263, 5586; refer to Pensions and Investments Committee - House Bill 4536, 5088 and 5699; refer to Public Health Committee - House Bills 1449, 1534, 3446 and 5242; refer to Revenue Committee - House Bills 2472, 4201 and 5069; refer to State Government and Veterans Affairs Committee - House Bills 1235, 1434, 2254, 4165, 4527 and 4890; and refer to 191 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Transportation Committee - House Bills 896, 1915, 4297, 4754 and 5655. Debbie -- Senator Debbie Halvorson, Chairman. April 17th, 2008.
PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Resolutions.
Senate Resolution 658, offered by Senator Schoenberg. It is substantive, Mr. President. And Senate Resolution 659, offered by Senator Clayborne and all Members. And it’s a death resolution.
PRESIDING OFFICER: (SENATOR HENDON) Resolutions Consent Calendar. 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 adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 128. Offered by Senator Halvorson. (Secretary reads HJR No. 128) Adopted by the House April 17th, 2008. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR HENDON) Senator Halvorson moves to suspend the rules for the purpose of immediate consideration and adoption of House Joint Resolution 128. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the rules are suspended. Senator 192 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Halvorson now moves the adoption of House Joint Resolution 128. All in favor will say Aye. Opposed, say Nay. The Ayes have it, and the House joint resolution is adopted. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolutions on the Consent Calendar?
No objections filed, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted with the exception of the resolution previously withdrawn. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the motion’s carried. The resolutions are adopted.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard, for what purpose do you rise?
Thank you, Madam President. An inquiry of the Chair.
PRESIDING OFFICER: (SENATOR HALVORSON) Sure.
As -- as we sort of wrap up our business for the week and there’s a lot of buzz and activity around here and a lot of interest in this and it’s sort of dominated the topic for the week, could the Chair tell us - we’re trying to sort through the paperwork on our side of the aisle - what’s the status of the recall Constitutional Amendment? Where is it in the process in the Illinois State Senate right now? 193 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Well, currently, and I don’t see Senator Trotter on the Floor to ask him, because I have no idea at this point. Senator Dillard.
Thank you, Madam President. I mean, just a -- I guess a -- a question. Isn’t today the deadline that we would have to do something on that particular recall that’s garnered a little bit of public attention this week?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard, the Senate doesn’t have a deadline for resolutions. We’re looking into how we can get that taken care of, though, before May 4th, so that it will get out. Madam Secretary, Communications.
I have a letter dated April 16th, 2008. Dear Madam Secretary - Pursuant to the provisions of Senate Rule 2-10, I hereby establish May 31st, 2008, as the 3rd Reading deadline for the following Senate Bills: 876, 879, 1908, 1941, 1972, 2155, 2158, 2166, 2214, 2220, 2305, 2358, 2397, 2653 through 2655, 2658 through 2673, 2675, 2680, 2681, 2683, 2684, 2694, 2695, 2697 through 2706, 2708 through 2712, 2714 through 2717, 2719, 2720, 2723, 2724, 2726 through 2730, 27 -- I’m sorry, 2726 through 2730, 2736, 2745, 2750 and 2865. Sincerely Emil Jones, Jr., Senate President.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
194 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 148th Legislative Day 4/17/2008 Thank you, Madam President. I have a question with respect, again, to that Constitutional Amendment. I understand you to be saying that it will be possible for us to take that measure up when we come back and still have it on the -- on the ballot in November of ’08.
PRESIDING OFFICER: (SENATOR HALVORSON) No, I did not say that. I said that we are looking into how we could still get that done. Senator Radogno.
So, is -- in your understanding right now, it is possible that we cannot do it then?
PRESIDING OFFICER: (SENATOR HALVORSON) Well, from what I’m told, there possibly is. We don’t know for sure. There being no further business to come before the Senate, the Senate stands adjourned until -- pursuant to House - - Senate Joint Resolution 128, the -- House Joint Resolution 128, the Senate stands adjourned until Wednesday, April 23rd, 2008, in perfunctory Session. The Senate stands adjourned. 195