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? Will our guests in the galleries please rise? The invocation today will be given by Reverend Florene Scott, Grace United Methodist Church, Springfield, Illinois.
(Prayer by the Reverend Florene Scott)
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 May 22nd, 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 729, offered by Senator Lauzen and all 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Members. And Senate Resolution 730, offered by Senator Viverito and all Members. They’re both death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Resolution Consent Calendar.
And Senate Resolution 731, offered by Senators Garrett and Harmon. It is substantive.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Committee Reports.
Senator Silverstein, Chair -- Chairperson of the Committee on Executive, reports Senate Amendment No. 9 to House Bill 824 and Senate Amendment No. 2 to House Bill 3106 recommend Do Adopt. Senator Harmon, Chairperson of the Committee on Revenue, reports Senate Amendment No. 1 to Senate Bill 788 recommend Do Adopt. Senator Wilhelmi, Chairperson of the Committee on Judiciary-Criminal Law, reports Senate Amendment No. 1 to House Bill 2862, Senate Amendment No. 1 to House Bill 4879 and Senate Amendment No. 1 -- 1 to House Bill 5653 recommend Do Adopt. Senator Munoz, Chairperson of the Committee on Transportation, reports Senate Amendments 3 and 5 to House Bill 5288 recommend Do Adopt. Senator Raoul, Chairperson of the Committee on Pensions and Investments, reports Senate Amendment No. 2 to Senate Bill 2090 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 recommend Do Adopt. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports Senate Amendment No. 3 to House Bill 1842 recommend Do Adopt. Senator Cullerton, Co-Chairperson, and Senator Dillard, Co- Chairperson of the Committee on Judiciary-Civil Law, reports Senate Amendment No. 4 to House Bill 4196 recommend Do Adopt. Senator Sullivan -- Sullivan, Chairperson of the Committee on Agriculture and Conservation, reports Senate Amendment No. 1 to House Bill 1768 recommend Do Adopt. Senator Crotty, Chairperson of the Committee on Local Government, reports Senate Amendment No. 1 to Senate Bill 836 recommend Do Adopt. Senator Forby, Chairperson of the Committee on Labor, reports Senate Amendment No. 2 to House Bill 4583 recommend Do Adopt. And Senator Haine, Chairperson of the Committee on Insurance, reports Senate Amendment No. 3 to House Bill 5595 recommend Do Adopt.
PRESIDING OFFICER: (SENATOR HALVORSON) Madam Secretary, Messages.
I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2102, together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 House Amendment No. 1 to Senate Bill 2102. We’ve received like Messages on Senate Bill 2210, with House Amendment No. 1, and Senate Bill 2240, with House Amendment No. 1. All passed the House, as amended, May 22nd, 2008. Mark Mahoney, Clerk of the House. I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a following -- of a bill of the following title, to wit: Senate Bill 2302, together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment No. 1 to Senate Bill 2302. We’ve received like Messages on Senate -- Senate Bill 2500, with House Amendment No. 1; Senate Bill 2514, with House Amendment No. 1; Senate Bill 2538, with House Amendment No. 1; Senate Bill 2581, with House Amendment No. 1; Senate Bill 2460, with House Amendment No. 1; Senate Bill 2643, with House Amendment No. 1; Senate Bill 2827, with House Amendment No. 1; Senate Bill 2845, with House Amendment No. 1; Senate Bill 2875, with House Amendment No. 1; Senate Bill 2906, with House Amendment No. 1; and Senate Bill 2907, with House Amendment No. 1. Passed the House, as amended, May 22nd, 2008. Mark Mahoney, Clerk of the House. I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 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 2310. We’ve received like Messages on House Bills 4442, 4678, 5064, 56 -- I’m sorry, 5067, 5070, 5071, 5157 and 5501. All passed the House, May 26 -- I’m sorry, May 22nd, 2008. Mark Mahoney, Clerk of the House. And a final Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 112. Offered by Senator Terry Link, and adopted by the House, May 20th, 2008. Mark Mahoney, Clerk of the House. And it is substantive. I have a Message for the Governor by Larry O’Brien, Acting Deputy Chief of Staff for Legislative Affairs, dated May 15th, 2008. Mr. President - The Governor directs me to lay before the Senate the following Message: To the Honorable Members of the Senate, 95th General Assembly - I have nominated and appointed the following named persons of the offices -- offices enumerated below and respectfully ask concurrence in and confirmation of these appointments of your Honorable Body. Rod Blagojevich, Governor.
PRESIDING OFFICER: (SENATOR HALVORSON) 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Madam Secretary, Communications.
Have a letter dated May 21st, 2008. Honorable Members, Illinois State Senate, 95th General Assembly: Dear Honorable Members - I respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Sincerely, Alexi Giannoulias, Illinois State Treasurer. And a second letter dated May 21st, 2008. Honorable Members, Illinois State Senate, 95th General Assembly: Dear Members - I respectfully ask concurrence in and confirmation of this appointment by your Honorable Body. Sincerely, Alexi Giannoulias, Illinois State Treasurer.
PRESIDING OFFICER: (SENATOR HALVORSON) Will all Members within the sound of my voice please come to the Senate Floor? We will soon be going to House Bills 3rd Reading - House Bills 3rd Reading in a few moments. The Illinois Information Service seeks leave to videotape. And IIS seeks leave to videotape. Is there leave? Leave is granted. Ladies and Gentlemen, we will be going to top of page 12 on your Calendar, House Bills 3rd Reading. Senator Delgado, on House Bill 230. Madam Secretary, read the bill. Out of the record? Oh! Okay. Madam Secretary, read the bill.
House Bill 230. (Secretary reads title of bill) 3rd Reading of the bill. 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Delgado.
Thank you, Madam President, Members of the Senate. On -- House Bill 230, as amended, retains -- it will -- it will make the Department of Employment Security responsible for providing job training and continuing education for the wrongfully imprisoned and allows the Department to use existing programs provided through its partner agencies to provide these services. We offered this and we want to make sure that we’re able to provide, as introduced, a simplified procedure for the Court of Claims to address claims for compensation from persons wrongfully imprisoned. It increases the maximum award amounts and requires the Department of Commerce and Economic Opportunity - actually, it will be the Department of Employment Security - to create the individualized program of job training and continuing education for each person who was wrongfully imprisoned. House Bill 230 also creates a process for the Circuit Court to issue a certificate of innocence when innocence is proven by a defendant whose conviction was overturned as an alternative to the executive clemency process. And I’m available to answer any questions and ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall the Senate -- shall Senate {sic} Bill 230 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 52 Yeas, none voting Nay, none voting Present. And House Bill 230, 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 having -- the -- the required constitutional majority, is declared passed. On House Bill 314, Senator Dillard. Madam Secretary, read the bill.
House Bill 314. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Dillard.
Thank you. Good morning, Madam President and Members of the Senate. This bill amends the Digital Divide Law and adds to a litany or a list of places that may receive grants under the Community Technology Center Grant Program, senior citizen homes. And as those of us who have children know, that a lot of times grandparents now like to see pictures and be sent pictures and other things on the Internet. And as America becomes more and more active with the Internet, senior citizens are more and more comfortable with using the computer, and this allows senior citizens home to apply for these grants. I think it’s a good way to connect the different generations. And senior citizens certainly ought to have access to the Internet just like we do right here. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 314 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 54 Yeas, none voting Nay, 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 none voting Present. And House Bill 314, having received the required constitutional majority, is declared passed. Senator… Senator Harmon, on House Bill 824. 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 2nd Reading is House Bill 824. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 9, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, to explain your amendment.
Thank you, Madam President. The amendment is a technical amendment, cleans up a few loose ends. I look forward to -- I move for its adoption and look forward to debating the full bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR HALVORSON) There any discussion on the amendment? Seeing none, Senator Harmon moves the adoption of Amendment No. 9 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.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 824. Senator Harmon, do you wish to proceed? House Bill 824. Madam Secretary, read the bill.
9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 House Bill 824. (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. House Bill 824 is…
PRESIDING OFFICER: (SENATOR HALVORSON) Excuse me, Senator Harmon. We’re in -- we need to get everybody’s attention. Please listen to the sponsor.
Thank you, Madam President. House Bill 824 has been commonly referred to as the pay-to-play bill. It is a ban on -- political contributions by State contractors with contracts of more than fifty thousand dollars to the executive officer who let those contracts. It also provides for disclosure by those contractors in a new format of their permitted contributions. This has been very fully debated and vetted over the last Session. I’d be happy to answer any questions. But I do want to thank all of my colleagues who have been so instrumental in making this happen: Senator Halvorson, for your contributions on the disclosure language in particular; Senator Schoenberg and Garrett, for working with me. And I want to thank the President for pushing us to make sure we had a better bill before we proceeded. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Schoenberg.
10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Thank you, Madam President, Ladies and Gentlemen of the Senate. I -- I want to extend, on behalf of all of us, our sincerest thanks and appreciation to Senator Harmon for taking such a critical and sensitive issue and improving it significantly. I think we’re all very well aware of the issues that this seeks to address. And this -- by no -- I have no doubt that as a result of Senator Harmon’s tireless and innovative leadership, that we will be able to go -- make great strides towards restoring public confidence in -- in State government. We should all -- before we get too self- congratulatory though, I think we should also bear in mind that there are many other tasks at hand. And I believe we need to better define the roles of independent advisors to the Executive Branch in law, so that we know when one set of interests is being represented and when another set of interests are being represented. We need to reform the practices to provide greater accountability for how pensions and retirement for -- how retirement systems and investment decisions are being governed and make sure we have greater accountability and transparency. Our task will not be done with this, but we have moved a major boulder off the road to achieve the level of progress that we hoped to achieve and it’s due, in no small measure, to the wonderful efforts of Senator Harmon. I urge everyone to vote for House Bill 824.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Kotowski.
Thank you, Ms. President and Ladies and Gentlemen of the Senate. I rise in strong support of this legislation. And I 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 would just like to thank the -- the sponsor as well, for his leadership and for being such a strong role model when it comes to pointing due north here in the Illinois Senate. This is a very important piece of legislation, not just for the district, for the entire State of Illinois, when it comes to accountability, transparency, building our credibility and making sure when we go back to our district, our district knows that we’re doing whatever we can to focus on corruption, to making sure that we end pay-to-play politics in the State of Illinois, and we make sure that we have the best government possible and focus on doing what matters to improve our quality of life. Again, I congratulate the sponsor for his terrific work. Thank you very much.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Jacobs.
Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator, as you know in Buckley-Valeo, the Supreme Court said money is speech and speech is money and to limit one is to limit the other. So what are you doing in your bill to protect speech?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Madam President. Well, thank you, Senator, you’ve raised a very important question. And the fact is, there 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 was a -- a great deal of pressure on us to expand the scope of the prohibition, which in my view would have curtailed the free speech rights of -- of folks across Illinois to participate. We have very narrowly limited this to prohibit only those people who benefit directly from the award of a State contract from contributing back only to the campaign account of that officeholder who lets the contract. The nexus is clear. It is very narrow in scope and designed to be so.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jacobs.
I wanted to thank the sponsor. I think it’s a -- it’s a bill that’s needed because Illinois has had some difficulties. But I think, really, that we have to be very, very careful when we move down the road of saying that a person can’t contribute, that their free speech is somehow prohibited by the fact that they do business with the State of Illinois. And, you know, if the Governor didn’t have his problems, I guess we wouldn’t be here today. But we are here and I’ll support the bill. But I would just hope that this Body begins to think a little bit about limiting people’s speech, because I just don’t think we have the right to do that in America and the Supreme Court agrees with me.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Murphy.
To the bill, Madam President. You know, a few weeks back Senator Harmon and I had the opportunity to be on the Chicago Tonight show together when this subject came up. And at that 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 time, I had expressed my optimism for this concept to be enacted into law here in Illinois because of his involvement with the bill. And I am extremely pleased that that optimism has been -- has been warranted here. I congratulate the sponsor - excuse me - on getting something really meaningful done for this State. When we started back in January of ’07, I had made a speech - that I’m sure most of you committed to memory - where I said that we needed to begin to win back the faith and trust of the people of the State of Illinois. This is an incredibly important piece in doing that. And I just want to, again, commend the sponsor for his hard work on this. Everybody in this room knows how tough the sledding was to get this bill passed. And I appreciate the hard work on behalf of the people I represent in cleaning up Illinois government.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion? Senator Steans.
Yes. I think there’s a lot of people in this room and across the Chamber on the other side who owe Senator Harmon dinner, as I recall. I think there was a lot of skepticism that he would be -- actually be able to pull together a compromise that was going to stick. I think he’s done that incredibly successfully. I know this was the number one issue I heard about from my constituents, is real concern in what’s going on in Springfield. I think this is a major step forward and I strongly stand and rise supporting the bill and thank Senator Harmon and Senator Halvorson for their work.
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you. Further discussion? Senator Hendon. 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
Thank you, Madam President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator Harmon, you know I’m in support of your bill, but I need to ask you: In this, is there any limitations to people giving money to the State parties - the Democratic State Party or the Republican State Party?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Madam President. There is no such limitation, as the State parties do not award any contracts.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator -- Hendon.
So, if a person wanted to make sure that a certain candidate who’s a statewide officeholder, who is supported by the State party, gets help, they can just give the money to the State party. Is that correct?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Madam President. There is no prohibition on contributions by contractors to the State party. There is, however, enhanced disclosure so that there will be a new portal on the State Board of Elections’ website through which that information will be disclosed, and it will be much easier to 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 track the money from any State contractor to any permissible campaign committee.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
…you, Madam President. I appreciate you adding that language so that it will be exposed. But as I said to you before, even though it might appear in a newspaper somewhere, it still doesn’t check -- stop that check from bouncing. That check will still clear the bank. Secondly, you added Amendment No. 9 and I don’t want you to be accused of putting a poison pen amendment on this bill as some people will say we’ve done with other things. So, did you clear with the -- across the Rotunda, did you get permission to put Amendment No. 9 into this legislation? We wouldn’t want you to be insubordinate to the other Chamber. Did you clear that with the powers to be in the other Chamber?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Madam President. Well, Senator Hendon, as I have learned at your knee, it’s not always important that we clear things with the House or that we worry about our insubordination with respect to the House. I will tell you that this amendment is not a poison pill. It is a response to a concerned raised by the -- the legal staff in the House. It has not been approved in any formal way, but it is responsive to their concerns. And I’m confident that, with this amendment, it will -- it will pave the way for concurrence in the House. 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
To the bill, Madam President: I want to commend Senator Harmon for passing this important legislation. I also want to commend him for not bending over backwards or trying to get permission from the House of Representatives to do things here in the Senate. This is the Senate. We can think for ourselves. And I just want to make it clear, for the record, that Amendment No. 9 is not a poison pen amendment. And hopefully those in the House will see it that way. Also, this bill took this long because I know there were some other issues raised in the House, because they never thought that Senator Harmon would -- would move this legislation forward and now they’re going to have it back on their doorstep. And I think it’s a great -- great thing to do.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion on the bill? Senator Radogno.
Thank you, Madam President. I appreciate the previous speaker’s attention to the fact that this is a bicameral process and we do need to deal with the House. You were asked yesterday in the Executive Committee as to whether or not they are on board for this amendment. You’ve been very artful in talking about paving the way for concurrence and so on and so forth. That’s a little different than the language we heard at the original press conference, where “there is agreement; we’re on the same page.” So how confident are you that the other Chamber is going to accept this particular amendment? 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Madam President. Senator, I appreciate your question. I am confident that the -- the House will concur. I would not offer the amendment nor call the bill for a vote on 3rd Reading. As -- as you’re well aware, I have held this bill at great length in the Senate for that very reason. I did not want to call it prematurely. The House has only the opportunity to concur or nonconcur, and it’s my intent to ask the Senate to approve a bill that will be concurred with by the House. And that’s what I believe we have before us today.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
Have you had conversation with the Governor’s Office as to whether or not he intends to sign this?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
I have not.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Radogno.
Well, I hope he does. I mean, obvious, you know, I’m on this bill. I think this is a really good first step. It is meaningful reform. But as Senator Schoenberg pointed out, it is by no means the be-all and end-all. And in fact, we have other bills positioned to move right now that could go to the 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Governor’s Desk that do take care of contract reforms, that do take care of pension board reforms, much of which have been the subject of the Rezko trial. These are things that really, really need to happen. This is a good first step. It is only a first step. And we have a Democrat majority. So, you know, you are in the position to be able to continue to make these reforms happen. In no way diminishing what’s going on here today - it’s important and it’s good - but I would ask for your commitment - your personal commitment - to work as hard on contract reforms, on pension board reforms, as you have on this, and I would be happy to join you in that effort.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion on the bill? Senator Holmes.
Thank you, Madam President. To the bill: I just want to say I am in such support of this. And as a fairly new legislator, the one thing I want to say is -- first of all, a huge thank you to Senator Harmon and Senator Halvorson, because this just goes to show, when we take the time to really do things right and we get the agreement on both sides of the aisle - it’s bipartisan and in both Chambers - we actually can do some real good for the people of Illinois. So I want to say thank you very much for all your work on this.
PRESIDING OFFICER: (SENATOR HALVORSON) Further discussion on the bill? Senator Watson.
Yes, thank you, Madam President. I, too, want to applaud Senator Harmon and Senator Radogno. I mean, all the accolades go generally to the sponsor, but, on our side, Senator Radogno 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 has worked hard on this legislation. I don’t think we would be here today without her persistence. I’m not sure this bill would be on the Floor today if it wasn’t for the persistence of this side of the aisle. And I want to thank our members for making sure that happened. In regard to dinner, I -- I was -- heard Senator Steans’ comments. I did say to Senator Harmon that if, in fact, this bill does become law, I would buy dinner. If it doesn’t, he would buy dinner. This is a long way from becoming reality. What we’ve seen here in this process over the last several years - last five years - is a bill passes here, goes over to the House, House passes a bill, comes over here, they get held up. But everybody gets to say I did my thing, I voted for whatever issue it might be, but nothing happens. Nothing happens. So now we’ve got to go back to the House. Hopefully there will be concurrence and I know that’s -- and Senator -- Harmon’s desire to see concurrence. We’re talking about now a Governor who likes to make things better, likes to make things better. You know how he is. And he’ll amendatorily veto the bill and then here we are right back again at -- so I’m not convinced yet that I’m buying dinner, Senator Harmon. But I would -- actually would love to buy you dinner and -- and I’d love to see this bill go to fruition and go to the final stages where -- where the Governor signs it and it becomes law. So, I look forward to that day. Thank you.
PRESIDING OFFICER: (SENATOR HALVORSON) WICS seeks leave to videotape. Is there leave? Leave is granted. Senator Harmon.
Thank you, Madam President. Thank you, Senator Watson. I 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 appreciate that. I want to clarify, I -- I believe that the -- the offer was if the bill passes both Chambers, then we’d be okay. But I -- I’m happy to wait. I’m not that hungry. I’ll wait until the bill is law. I just want to make sure that you’re not revising the terms of your offer after the fact, because we have moved an awful lot further down the path. I’ll wait till the bill’s law.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Senator Jones.
Yeah. Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
Senator Harmon, in the -- the Exec Committee, I believe the House sponsor of House Bill 1 - I believe it was - and I -- I asked him a question: Could you explain to the Body the difference between House Bill 1 and this bill? And what did the -- the House sponsor say about this bill in comparison to the one they passed over from the House?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon.
Thank you, Mr. President, for that excellent question. The House sponsor was emphatic in committee. He said that this bill is a better bill than House Bill 1. And I believe, at your prompting, he said it three times. I’d be happy to say it three times here today on the Floor, if that would be helpful. But the -- the result was clear. This bill before us, House Bill 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 824, as amended in the Senate, is a better bill than House Bill 1.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Jones.
So with all the consternation about House Bill 1 and all the Members here who said this is a great bill, even -- even the House sponsor in committee indicated that the bill they sent over was terribly flawed. Now I had my concerns simply because I know the -- the -- the State Republican Party, as well as the Democrat Party, which supports statewide candidates - and this is not aimed at anyone - but if I’m the Secretary of State and I’m giving contracts out, so they cannot contribute to me, but they can have a pass-through and contribute to the party. And the party in turn would be able to support that candidacy. And everyone says that’s a poison pill. But if you’re going pass a piece of legislation, I -- I think you -- you should be genuinely sincere. Now, just because a bill passed one Chamber - and the sponsor said his bill was terribly flawed - and I want to commend you, Senator Harmon, for working hard on this legislation - but to -- to rush to judgment and pass something without thoroughly looking at all the components of the thing, I think it’s a bad idea. So I just want to commend you, Senator Harmon, for working hard on this bill. And the reason why House Bill 1 never got out of, I believe, the Rules Committee, because it was a flawed bill when it came over here. And this bill, even though it is an improvement, but you still have that loophole where the -- the parties, the political parties, can get the money and give it to the constitutional officer who 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 gives the contract and they in turn use it. That was a problem with the bill and it still exists today even with the disclosure that’s in the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Harmon, to answer the Senate President and then to close.
Thank you, Madam President. And thank you, President Jones. The legislative process, as we all know, is not a linear process and the Senate has been subjected to some degree of criticism for the amount of time we’ve taken to work on this bill. But I want to emphasize this is a better bill than the bill that came out of the House. And it’s a better bill because President Jones made sure that we took the time to -- to do our constitutional duty, to be deliberative, to be thoughtful, to work through those processes. So I want to thank President Jones for his leadership and his support and giving us the latitude and the -- the demand that we make this bill a better bill. I appreciate all the kind words directed at me, but I’m - - I’m just the chief sponsor. There have been so many folks involved in this and that credit needs to be shared, not only with Senator Halvorson for her leadership in getting the bill to the Floor and adding the disclosure language, the working group with Senator Garrett, Senator Schoenberg and Senator Steans, the -- the constructive criticism we heard from the Republican Caucus, led by Senator Radogno. This has been a -- a terrific effort. I really want to thank our staff for their hard work. This was a very demanding effort and -- and the work that staff did was outstanding, both in this Chamber and across the way. 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 And I am confident that the House sponsor will be able to call the bill for concurrence in the House. So I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HALVORSON) The question is, shall House Bill 824 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Yeas, none voting Nay, none voting Present. And House Bill 824, having received the required constitutional majority, is declared passed. Okay, now onto NASCAR license plates. Senator Watson, on 946. Madam Secretary, read the bill.
House Bill 946. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Watson.
Yes. Thank you, Mr. -- Madam President, pardon me. Thank you and good morning. This is another one of the special license plates that -- that are very prevalent in Illinois and - - and in many states. We -- we drive throughout the country and we -- we recognize that a lot of things are -- are -- are recognized by their license plates and this is one that would allow for NASCAR -- a NASCAR license plate. NASCAR is the fastest-growing sport, spectator sport, in this country and they’ve -- have asked for consideration so that owners of cars and trucks can utilize the plate with NASCAR labeling. Now this 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 isn’t just one of those bills that allows it to happen. It also pays for itself. There’ll be a forty-dollar fee for those individuals. On top of the regular license plate fee of seventy-eight dollars, an additional forty dollars will be added to that registration fee. Twenty dollars of that will be deposited into the Vocational Rehabilitation Fund, twenty dollars. Twenty dollars are also to be deposited into the Secretary of State Special License Plate Fund which will help, obviously, offset the costs of any new plates. These plates are actually made in my district, in Decatur, by Macon Resources. And Macon Resources is a facility that is a developmentally disabled facility that employs people in the Macon County area and does a fantastic job, as all these workshops do throughout this State. This one particular workshop happens to make our license plates here in Illinois. There’s always this question about who does make plates in Illinois? And a lot of times people think it’s the prisoners. No, this is developmentally disabled people and Macon Resources who do this. I’ve visited it -- their facility several times and -- and they do great work and this gives them an additional opportunity to provide for themselves. So I -- there -- also when you renew your license plates, there’ll be an additional twenty-seven-dollar fee. So this is going to pay for itself and offset the costs of the -- making the plates, plus it’ll help the Vocational Rehabilitation Fund. So I would ask for your support and be glad to answer any questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 946 pass. Those in favor, vote Aye. Opposed, 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 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, 2 voting Nay, none voting Present. And House Bill 946, having received the required constitutional majority, is declared passed. Senator Hunter, on House Bill 1040. Madam Secretary, read the bill.
House Bill 1040. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hunter.
Thank you, Madam President and Ladies and Gentlemen of the Senate. Committee -- 1040 amends the Illinois Lottery Law, the scratch-off -- the Gold {sic} scratch-off lottery ticket which benefits the Special Olympics Fund of Illinois in the State Treasurer {sic}. The net revenues will be deposited into the existing Special Olympics Illinois Fund to benefit Special Olympics Illinois training, competitions, and programs for present and future Special Olympics athletes. And it basically changes the date from ‘07 to ‘08. And I ask for a favorable…
PRESIDING OFFICER: (SENATOR HALVORSON) Any discussion? Seeing none, the question is, shall House Bill 1040 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 48 Yeas, 5 Nays, none voting Present. And House Bill 1040, having received the required constitutional 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 majority, is declared passed. Senator Lauzen, I apologize, but your light did not come on. Senator Lightford, on House Bill 1141. Oh! Senator Forby, I apologize. With leave of the Body, we’ll go back to Senator Forby on 1054. Madam Secretary, read the bill.
House Bill 1054. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Forby.
Thank you, Madam President. House Bill 1054 is a cleanup bill. And what the cleanup bill -- bill says, resident students only. This bill brings fairness. Of -- those living in the county would not be a factor into the total; they would be -- that they would not have been part of the countywide vote on a levy tax. All it does is put resident student only in this cleanup bill. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Lauzen. ‘Cause your light is on. I apologize. Any discussion? Senator Brady. Seeing no discussion, the question is, shall House Bill 1054 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 56 Yeas, none voting Nay, none voting Present. And House Bill 1054, having received the required constitutional majority, is declared passed. Senator Brady, for what purpose 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 do you rise?
Thank you, Madam President. I’d just like the record to reflect that I intended to vote Yes on 824.
PRESIDING OFFICER: (SENATOR HALVORSON) Thank you, Senator Brady. The record shall so reflect your intention. Senator Lightford, on 1141. Senator Hendon, on 1361. Madam Secretary, read the bill.
House Bill 1361. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Hendon.
Thank you, Madam President. House Bill 1361 deals with the Real Estate Act {sic} to make sure that when money is in escrow, if it’s not an issue, then it has to be distributed after six months of -- after the time has elapsed. And I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1361 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 House Bill 1361, having received the required constitutional majority, is declared passed. Senator Cullerton, on House Bill 1432. Madam Secretary, read the bill. 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
House Bill 1432. (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 amends the Insurance Code. It provides that anorexia and bulimia are included in the list of serious mental illnesses, which are currently referenced in the mental health parity provision of the Insurance Code. We did, in committee, remove from the House bill something called Eating Disorders Not Otherwise Specified. We did that at the request of some organizations to get their support and we did take that out. So, as a result, we have a -- a bill that’s supported by the Hospital Association, the Voices for Illinois Children, the Illinois Psychiatric Society, the Psychological Association, PIRG, the AIDS Foundation and -- and a whole host of others. So -- American Academy of Family Physicians. So it’s a very good bill and we would -- I would ask for your support.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1432 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 56 Yeas, none voting Nay, none voting Present. And House Bill 1432, having received the required constitutional majority, is declared passed. Senator 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Emil Jones, on 1496. Senator Dillard, on 1533. Senator Lightford, on -- 1639. Madam Secretary, read the bill.
House Bill 1639. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Lightford.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1639 amends the Juvenile Court Act regarding expungement of juvenile records. What we’re basically doing is reducing the number from ninety days to forty-five days that a young person may permit a notice of petition for expungement to the State’s Attorney and law enforcement agency. We’re hoping that they can get that information returned back sooner so that young people can have an opportunity to move forward. Our proponents is the DuPage Area Project, the Illinois Collaboration on Youth, the Clerk of the Circuit Court of Cook County, and Chicago Area Project. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Seeing none, the question is, shall House Bill 1639 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 House Bill 1639, having received the required constitutional majority, is declared passed. Senator 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Frerichs, do you wish to proceed on House Bill 1768? Senator Cullerton, on 1842. Madam Secretary, read the bill. Senator Cullerton seeks leave of the Body to return House Bill 1842 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 House Bill 1842. Madam 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.
Yes. Thank you, Madam President. I would like to adopt Amendment No. 3 which represents an agreement with the Environmental {sic} (Environment) Illinois and the Homebuilders with regard to an -- an energy code for residential buildings.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion on the amendment? Senator Cullerton moves the adoption of Amendment No. 3 to House Bill 1842. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1842. Madam Secretary, read the bill.
House Bill 1842. 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
Thank you, Madam President, Members of the Senate. The House passed this bill over the objection of the Homebuilders and it basically sets up a -- the House bill set up a requirement that residential buildings comply with an Energy Conservation Code. What we did in the Senate was to work an agreement out with the Homebuilders and also worked strongly with the Municipal League to make sure that they were -- to -- to try to remove their objections as well. So what we are left with here is a bill which applies the Code which currently applies to commercial buildings to residential buildings, and the tradeoff for the Homebuilders is that for all those cities that have a code right now, we’re setting a minimum and a maximum requirement. And as a result, the Homebuilders were for the bill. And we also make it clear that the -- there’s no mandates imposed on the local governments to do anything different than they are right now. They’re not being given any new responsibilities here. This is just a -- a code that all builders would be aware of and it -- it’s updated every three years. And Homebuilders were okay with it. So, be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Risinger.
Thank you, Madam President. Will the sponsor yield for a 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 question?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield.
First, Senator Cullerton, I want to thank you for the hard work that you’ve done on this, bringing the opposing -- opponents together with a bill that they could all agree upon, and I think it is a good bill. But the Illinois Municipal League did have a -- a little concern and -- and you may want to walk us through and -- and explain what their concern was.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
Well, there were two concerns that they have and we did address one of them. They were concerned that we were somehow going to require municipalities to go out and hire new building inspectors to -- you know, to monitor this -- the building of residential buildings to make sure that they comply with this code. And we made it clear, in language that they drafted, that that’s not the case. This is, in effect, self-certifying. The -- the -- the architects and the builders know that -- what the code is and they’ll do -- do so. The second part that the -- that the Municipal League has a sensitive issue is with annexations. So, right now, when there’s annexations, the municipality is in a position to negotiate with the -- the -- the developer who wants to be annexed. And they’re really just concerned about the fact that, through this bill, we are telling the municipalities - ‘cause we are - we’re telling them that they have to have a -- an energy code. And so it’s more of a 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 philosophical concern that we’re a foot in the door, where we’re -- we’re -- the Legislature is starting to interfere with the municipalities’ ability to negotiate with -- with developers in annexation agreements. The fact of the matter is that there’s really nothing for them to be concerned about. If -- if the annexation is to a village, which is -- already has their own energy code - I think about a hundred and thirty cities in Illinois do - then the -- once the annexation takes place, the annexation has to come under the rest of the city. If it’s an area that -- if it’s a town that doesn’t have an energy code and there’s an annexation, they just have to comply with the minimum and the maximum that we’re setting through this legislation. So, it was more of a fear of what might happen in the future, rather than an objection to this bill right now. So with that, they still are technically, I guess, against it, but we did accommodate them with the other language that we adopted.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Risinger.
Thank you, Madam President. The -- that was a very good explanation of -- of their concerns. And we think that’s a very -- it’s a very good bill in the -- in the shape that it’s in right now. And I urge an Aye vote from this side of the aisle.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rutherford.
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HALVORSON) Sponsor indicates he’ll yield. 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
Thank you, Madam President. I -- I thought I understood, but, Senator Cullerton, help me now. If a community has a code, that will continue to stand as it is, irrespective if this were to become law?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
Yes, that’s correct. The -- the -- we’re -- we’re grandfathering in any codes that local governments already have.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rutherford.
…Madam President. If a community does not have its own code today, but in a year from now decides to have a code and it is contrary to this statute, would the local unit of government’s code prevail?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
No. They would have to comply with the minimum code -- minimum/maximum code which we are adopting for the State in this bill. And that’s what the Homebuilders asked for and that’s what we gave them.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Rutherford.
And this then, I would assume, would apply to unincorporated areas if a county is silent with regards to a 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 code as well?
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Cullerton.
That is correct.
PRESIDING OFFICER: (SENATOR HALVORSON) Any further discussion? Seeing none -- or, Senator Cullerton, do you wish to close?
Aye vote.
PRESIDING OFFICER: (SENATOR HALVORSON) Seeing no further discussion, the question is, shall House Bill 1842 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, none voting Nay, 1 voting Present. And -- on the -- House Bill 1842, having received the required constitutional majority, is declared passed. Senator Viverito, for what purpose do you rise?
Madam -- Madam President, I’m having a little problem with my -- hitting the Yes vote. Would you please vote me Yes on the last bill?
PRESIDING OFFICER: (SENATOR HALVORSON) The record shall so reflect your intention, Senator Viverito.
Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Rules Committee will meet immediately in the President’s Antechamber. Rules Committee. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link in the Chair. Senator Terry Link in the Chair.
PRESIDING OFFICER: (SENATOR LINK) Madam Secretary, Committee Reports.
Senator Hendon, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Appropriations I Committee - Floor Amendment No. 1 to Senate Bill 1103 and Floor Amendment No. 2 to Senate Bill 1103; and Be Approved for Consideration - Floor Amendment No. 2 to Senate Bill 1116 and Senate Bill 790. Senator Rickey -- Hendon, Chairman. May 23rd, 2008.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, for what purpose do you rise?
Purposes of an announcement.
PRESIDING OFFICER: (SENATOR LINK) State your announcement.
Appropriations I will be meeting in Room 212 at 11:35 this morning. 212.
PRESIDING OFFICER: (SENATOR LINK) Appropriation I, at 11:35, in Room 212. Madam Secretary, 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Communications.
Yes. I have a letter dated May 23rd, 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 Senate Bill 790. Sincerely, Emil Jones, Senate President.
PRESIDING OFFICER: (SENATOR LINK) We will be going back to House Bills 3rd Reading, page 13. House Bill 1998. Senator Dillard. Madam Secretary, please read the bill.
House Bill 1998. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Dillard, to explain your bill.
Thank you, Mr. President. We’ve done a great job in Illinois creating a sex offender registry. The State Police, Attorney General Madigan have worked hard on making our database as good as any other in the United States. But one of the things that is oddly missing from our sex offender database is missing sex offenders. And this bill would require the State Police to put on the Internet the names of those sex offenders who don’t comply with the sex offender database or registry, so that the public can go on there and look for a name and maybe recognize a name that lives down the block or lives in their community and notify the State Police that I know where this 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 missing sex offender, who will not comply with the State law, lives. And this to me creates and -- and -- and plugs a hole that’s in our database. And sadly, Mr. President and Ladies and Gentlemen, sometimes the missing sex offenders who don’t comply are the most dangerous to our families. So this plugs a hole. It requires the State Police to put on the database the missing sex offenders who will not, or are missing, will not fill out their paperwork, so the public might be able to come forward and identify these sex offenders. I’d be happy to answer any questions, sir.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 1998 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 1998, having received the required constitutional majority, is declared passed. House Bill 2133. Senator Clayborne. Madam Secretary, please read the bill.
House Bill 2133. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Clayborne, to explain your bill.
Thank you -- thank you, Mr. President, Members of the Senate. Basically, this makes technical changes with our transit system downstate in my area to be consistent with the 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 federal guidelines regarding railway safety traffic. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 2133 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 2133, having received the required constitutional majority, is declared passed. House Bill 2210. Senator Martinez. Madam Secretary, please read the bill.
House Bill 2210. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 2210 creates the Education of Homeless Children and Youth State Grant Program administered by the State Board of Education. School districts throughout Illinois will compete for grants to be used and improve -- to improve services for homeless children and to facilitate the enrollment, attendance, and success of those students. Grants will be for terms not to exceed three years, but would be subject to annual appropriations. The bill also expressly prohibits the Governor -- no, I’m sorry, I -- I -- take that out. I’ll be happy to answer any questions. 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR LINK) Are there any question? Any discussion? Seeing none, the question is, shall House Bill 2210 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 2210, having received the required constitutional majority, is declared passed. House Bill 2254. Senator Schoenberg. With leave of the Body, we will come back to House Bill 2254. House Bill 2862. Senator Millner. Madam Secretary… Senator Millner seeks leave of the Body to -- to return House Bill 2862 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2862. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Millner.
PRESIDING OFFICER: (SENATOR LINK) Senator Millner, to explain your amendment.
That amendment simply removes non-probationable felony.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in -- Senator Millner moves the adoption of Amendment 1 to House Bill 2862. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported. 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 2862. Madam Secretary, please read the bill.
House Bill 2862. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Millner, to explain your bill.
Thank you, Mr. President and Members of the Senate. House Bill 2862 provides that a person who commits the offense of unlawful purchase of a firearm is guilty of a Class 1 felony if any firearm that is purchased is used to commit an offense of domestic violence. This bill is part of the House package and is supported by the Illinois Coalition of {sic} (Against) Domestic Violence. Also, the reason for the change in this bill stems from a horrible murder/suicide that occurred in Elmhurst in March of 2008, where a man killed his former girlfriend and then himself in violation -- while violating a protection order. During the investigation, it was questioned how the man obtained the gun. In addition, another reason for this bill is because current law does not have a sentencing structure for when a straw-purchased gun is used in domestic violence. The events of March 2008 have demonstrated a clear need for such a structure. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 2862 pass. All those in favor, vote Aye. 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 2862, having received the required constitutional majority, is declared passed. Senator Hultgren, for what purpose do you rise? House Bill 3106. Senator Frerichs. Senator Frerichs seeks leave of the Body to return House Bill 3106 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3106. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Frerichs.
PRESIDING OFFICER: (SENATOR LINK) Senator Frerichs, to explain your amendment.
Thank you very much, Mr. President. The amendment becomes the bill and I’d be happy to discuss that on 3rd Reading.
PRESIDING OFFICER: (SENATOR LINK) Senator Frerichs moves the adoption of Amendment 2 to House Bill 3106. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading, Madam Secretary -- now on the Order of 3rd Reading is House Bill 3106. Madam Secretary, please read the bill. 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
House Bill 3106. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Frerichs, to explain your bill.
Thank you very much, Mr. President. This is -- amends the Eminent Domain Act to grant the City of Champaign the authority to use quick-take powers for specified lands in Champaign for no longer than one year. The City wants this authority for lands in Champaign, which are described in the bill, for use with the Boneyard Creek improvement plan. This amendment grants Champaign quick-take powers for five parcels of lands for the drainage district. These are lands that are in the floodplain district. It’s part of a multiyear redevelopment effort to get flooding under control in and around Campustown area. It was -- had strong support in committee yesterday. I would ask support of my colleagues today on the Floor.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Thank you, Mr. President. To the bill, please. Ladies and Gentlemen of the Senate, I simply rise in support of the legislation. Along with Senator Frerichs, I’ve met with the leaders in Champaign/Urbana and I -- I’m confident that they’re doing everything that’s reasonable to try to work out an arrangement with those parties who their -- their property is the subject to this legislation. So, I support the bill. I 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 hope everyone will vote for it.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 3106 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 Ayes, 5 Nays, none voting Present. House Bill 3106, having received the required constitutional majority, is declared passed. Senator Hultgren, for what purpose do you rise?
Thank you, Mr. Speaker. Point of personal privilege. I’d like the record to reflect that I had intended to vote Yes on House Bill 2862. Thank you.
PRESIDING OFFICER: (SENATOR LINK) But the President will okay that, and it will reflect in the record. With leave of the Body, we will come back to House Bill 3286. House Bill 3441. Senator Cullerton. Madam Secretary, please read the bill.
House Bill 3441. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton, to explain your bill.
Thank you, Mr. President, Members of the Senate. This bill eliminates an apparent conflict in the Municipal Code between Article 7 and Article 11. Article 7 grants municipalities power to -- appears to grant powers to municipalities to zone or 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 regulate private property outside their borders over water, and Article 11 prohibits it. So what this bill does is to state that nothing in this Section of the Municipal Code shall be construed to authorize a municipality to exercise zoning power outside the corporate limits of the municipality. But we retain the power in Article 7 for those municipalities to enforce State law like the Criminal Code or the Boat Registration and Safety Act. So, it seems like it’s a good bill. It’s cosponsored by Senator Althoff and myself and Representative Osmond. And be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett.
To the bill: I was under the assumption that there was going to be an amendment that was added to this bill. Has there been an amendment that’s been added? Well, let me just say, I’m asking everybody in the Senate to take a really good look at this bill. It’s a local issue in Lake County and apparently partly in McHenry County that needs to be worked out amongst the municipalities. There’s some infighting going and disagreements between many of the municipalities. And for us in Springfield to all of a sudden take this over and decide on -- on everybody else’s behalf what the outcome should be, would be very presumptuous, to say the least. I was under the impression that there was going to be amendment added and that we wouldn’t be hearing this on 3rd Reading. So, I am asking you, from what I know about Lake County, that this bill is not ready to be called for a vote.
PRESIDING OFFICER: (SENATOR LINK) 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Senator Cullerton.
Yes. Thank you, Mr. President. Actually, the State has to act in this area because there’s two State laws which apparently contradict each other. The bill’s been pending for eighteen months. It passed a hundred -- 113 to 3 in the House. Representative Osmond, who’s from the area, is the one that sponsored it. The bill is very straightforward and I’ve made it very clear that we’re in no way jeopardizing or taking away the jurisdiction of municipalities from enforcing State law - the Boat Registration and Safety Act or the Criminal Code. We’re just making it clear that they -- at the same time, they cannot regulate the zoning of areas that is not within their municipalities. So they can’t make wake rules or horsepower restrictions or permit fees, but they can certainly enforce State law. So, it doesn’t take any power away from municipalities; it just clarifies a conflict in the law. It’s already passed the House overwhelmingly and I think we should pass it here. No one’s given me any amendments to adopt to resolve any conflicts. So, I would ask that we pass the bill.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 3441 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 42 Ayes, 8 Nays, 3 voting Present. House Bill 3441, having received the required constitutional majority, is declared passed. House Bill 3571. Senator Sullivan. Madam Secretary, please read the bill. 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
House Bill 3571. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. House Bill 3571 is an initiative of the Department of Natural Resources. It addresses an audit that was done by the U.S. Department of Interior with regards to fees collected. It’s to prevent diversions -- possible diversions of license revenue.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 3571 pass. All those in favor, vote Aye. Opposed, Nay. The -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 1 Nay, none voting Present. House Bill 3571, having received the required constitutional majority, is declared passed. House Bill 3677. Senator Martinez. Madam Secretary, please read the bill.
House Bill 3677. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Bill 3677 amends various Acts within the Higher Education Code to establish a -- sexual assault awareness education in the State universities and public community college. It also requires all State universities and public community colleges to inform incoming students about sexual assault through seminars, online, or other means. This bill also establishes that there will be no financial mandate on the State.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 3677 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 3677, having received the required constitutional majority, is declared passed. Senator Lauzen, for what purpose do you rise?
Mr. President, point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
On Senate {sic} Bill 3441, it was my intention to vote Yes on that bill. Could you ask the record to reflect my intention?
PRESIDING OFFICER: (SENATOR LINK) The record shall reflect that. House Bill 3679. Senator DeLeo. Senator DeLeo. Out of the record. House Bill 4132. Senator Syverson. Senator Syverson. Out of the record. House Bill 4147. Senator Righter. Madam Secretary, please read the bill. 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
House Bill 4147. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill 4147 simply changes the definition of a quorum for purposes of the Eastern Illinois Economic Development Authority from the eight that it states now to a majority of the board members appointed. The need for the change is very simple, Mr. President. While the Authority was created in 2005, the Governor’s Office has yet to appoint any of its three appointees, which makes it extraordinarily difficult for the Economic Development Authority to do any work whatsoever. So, in lieu of being able to get the Governor’s Office to make their appointments, we’ve simply asked the General Assembly to drop the number required for purposes of a quorum so the Economic Authority can go forward and do its business. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4147 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 4147, having received the required constitutional majority, is declared passed. House Bill 4167. 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Senator Murphy. Madam Secretary, please read the bill.
House Bill 4167. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy.
Thank you, Mr. President. House Bill 4167 annexes territory in Hoffman Estates into the Metropolitan Water Reclamation District. There is -- it’s about sixteen acres. One group owner of a shopping mall, they asked to be included. MWRD is willing to have them, ready and able to have them. I’m aware of no opposition to the bill and I request an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4167 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 4167, having received the required constitutional majority, is declared passed. House Bill 4174. Senator Clayborne. Madam Secretary, please read the bill.
House Bill 4174. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Clayborne, to explain your bill. 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
Thank you, Mr. -- Mr. President, Members of the Senate. This amends the Election Code so that when no candidate runs for office and no write-in candidate is declared for that office, the election authority shall print “No Candidate” on the ballot, where otherwise it would indicate vote for one. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4174 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 4174, having received the required constitutional majority, is declared passed. House Bill 4175. Senator Garrett. Madam Secretary, please read the bill.
House Bill 4175. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett, to explain your bill.
Yes. Thank you, Mr. President. House Bill 4175 provides that if a township road district levies a tax for road purposes at less than .08 percent, then it would get proportional share of MFT funds based on its actual rate compared to .08 percent. Therefore, if a road district’s levy was .04 percent, as an example, it would get half of a full share of MFT funds. This 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 is -- really applies to the unincorporated townships and it is supported by the Township Officials of Illinois.
PRESIDING OFFICER: (SENATOR LINK) Senator Risinger.
Thank you, Mr. President. I want to make everybody aware that this bill redistributes some of the motor fuel tax money that goes to the local governments. And I know they think this is an issue of fairness, because if you don’t tax to the maximum, you don’t get that distribution, but the size of the pie doesn’t change. So, a lot of small townships are going to end up getting less money for their -- for their township roads. Right now, they’re -- it’s based on mileage. But as the pot is divided up among more townships, there’s going to be losers in this -- in this bill. I want to make you aware of that. The second thing is, there’s a thirty-million-dollar diversion out of the Road Fund in this bill. Now, as we’ve discussed in the capital program, almost everybody says, “Yeah, we need to stop diversions”, “We need to make sure that we -- we don’t increase the diversions”, and on and on. There’s a thirty-million-dollar diversion that -- the sponsor in the House was -- was not aware of this when he passed it, so he said. We asked them to put an amendment in to take that thirty-million-dollar diversion out. And -- and they’ve decided not to do that. The Department of Transportation says that they will lose a lot of money, billions of dollars, if this thirty-million dollars isn’t in there. But the truth of the matter is that money does not have to come out of the Road Fund and should not come out of the Road Fund. So, I want to make everybody in this Body aware that those issues 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 exist. There’s going to be losers to certain townships and there’s a thirty-million-dollar diversion in this bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Lauzen.
Thank you, Mr. President. And I -- I -- first of all, enormous respect for the sponsor. I know that you’re trying to do good things in -- in the fairness. I would also rise, unfortunately, in opposition on this one, because of the impact of it being a zero sum and that folks are going to end up -- some folks are going to end up losing money on it. And, again, I -- I would just like to echo what the previous speaker said so eloquently and to the point. I rise in opposition.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR LINK) Sponsor indicates she will.
Our analysis says - and I don’t remember this from Revenue Committee - that this does not apply in DuPage County. Is that correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett.
No. We have a list of all the townships. It does not.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau. 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
I’m sorry, it does not apply to DuPage County?
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett.
Okay. It doesn’t apply to the county -- in any of the townships or the road districts in DuPage County.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
Is -- and why is that?
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett.
By applying, do you mean would any of the unincorporated road districts be on the receiving line of some of the equity of the funds? Is that what you mean? We need to get it clarified.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
No. My question is, it appears that it exempts DuPage County, but that would include -- I mean, I’ve heard a lot of legislation down here that exempts Cook County, but never specifically DuPage County. And I -- and I was wondering what is different in either DuPage County that it would not apply to it or why you specifically chose to exempt DuPage County.
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett.
55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Yes. All I know is that DuPage County is specifically exempted. My guess is that they don’t have some of the other issues that the unincorporated townships have with their road funds. But they are specifically exempted.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
And one last question, we’ve heard discussion about who are the winners and -- that there will be winners and losers in this and that it is a diversion. Who exactly are the winners and who exactly are the losers?
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett.
Thank -- thank you. Let me just explain, when we talk about winners, we’re not talking about millions and millions of dollars. These are thousands -- you know, a few thousand dollars that will be allowed to be provided to the townships right now that are underfunded. The winners - and this is sort of a small amount of money - in Cook County, would be Bloom Township, Bremen Township, Elk Grove, Lyons, Maine, Northfield, Orland, Palos, Rich, Schaumburg, Stickney, Thornton, Wheeling, Worth. In Lake County, it’s Benton, Ela, Libertyville, Shields, Vernon, Waukegan. And in Will County, we have DuPage - I’m not sure what that means, but - Reed and Wheatland.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
To the -- to the bill: It seems like there’s an awful lot 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 of questions about this all of a sudden. And, I’ll be honest with you, I don’t quite understand why one county was taken out. I thought township roads in unincorporated areas were basically the same. Maybe this is one of those bills that just needs to be worked on a little longer. I would suggest we all think about it very carefully before we vote Yes.
PRESIDING OFFICER: (SENATOR LINK) Leader Watson.
Yes. Thanks, Mr. President. I guess a question of the sponsor. I believe that even the original sponsor of this bill wasn’t aware of the fact of this diversion - this thirty million dollars that’s going into this fund for the emissions tests. And I -- I -- we’re -- we’re understanding that the original sponsor in the House actually said he didn’t know it was in it. In the Metro East area - and I haven’t asked my fellow Senators that represent the Metro East - but we’ve seen now that they’ve closed and they’re no longer making available private facilities for emission testings, and Midas or somebody like that has -- has taken it over. And -- and so, I’m not sure that this thirty million dollars -- I’m not -- I don’t know where it goes. I don’t know who’s going to be benefiting from this. I think in the Metro East area there’s a lot of confusion. People used to know where to go to get the emissions testing; now that’s all changed. I think -- I agree with the previous speaker that maybe this -- this bill ought to just slow down a little bit and take another look at it. I have got -- I have problems with the diversion, obviously - we don’t need to be taking more money out of the Road Fund. And then I also have problems with the 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 formula that would be considered taking money away from some of the more rural, smaller townships.
PRESIDING OFFICER: (SENATOR LINK) Senator Jacobs.
Mr. Chairman, I happen to represent some of those small rural communities, and I don’t -- I don’t mind you diverting some funds, but I’d rather you divert those funds out of Chicago than out of my small rural communities. I want to put all my downstate friends on notice, this is about a thirty-million- dollar hit on the downstate road funds. And if that’s not true, Senator, I’d like you to correct that for edification.
PRESIDING OFFICER: (SENATOR LINK) Senator Viverito.
Thank you, Mr. President. I rise in favor of this particular bill, because in our unincorporated areas, all we do is pay the county for the vehicle stickers. We do all the work. They send us no money at all. They don’t do a darn thing for township government, as far as I’m concerned. And this bill will help to alleviate some of the unjust things in the poor areas. In rural areas, I don’t know specifically. But I do feel strongly that a lot of the poor unincorporated areas need assistance and we should be willing to do it for them. So I would encourage -- the Township Officials of Illinois that are encouraging this bill, or Cook County, they feel that it’s a good bill. And, obviously, they’ve done their homework on it. And I think it would be wise to vote for it. Thank you very much. 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR LINK) Senator Garrett, to close.
Yes. Thank you, Mr. President. This bill passed overwhelmingly in the House. And this discussion about the thirty-million-dollar diversion, you know, I would say is not really accurate. We worked with IDOT. In fact, we were given an amendment by my friends on the other side of the aisle that would have cost the State billions of dollars had we put that amendment on. All of that is connected. This is not going to divert thirty million dollars. It’s not going to take away, in any dramatic way, from downstate townships, their road funds. What this does, is there will be a couple of thousand dollars maybe from some township road funds, but a minority, that will equalize what the other township road funds are not getting. We’re trying to make sure that unincorporated areas have a balance and that it’s equitable. Again, the township officials fully support this across the State of Illinois. And so I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 4175 pass. All those in favor, vote Aye. Opposed, Nay. The -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 21 Ayes, -- 29 Nays, 4 voting Present. House Bill 4175, having not received the required constitutional majority, is declared failed. Senator Jacobs, for what purpose do you… House Bill… House Bill 4178. Senator Martinez. Madam Secretary, please read the bill. 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
House Bill 4178. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Martinez.
Thank you, Mr. President, Members of the Senate. Committee Amendment No. 1 retains the bill and clarifies the scope of House Bill 4178 by excluding an entity that merely provides the host platform on the website to the Internet gaming service provider. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4178 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 55 Ayes, 1 Nay, none voting Present. House Bill 4178, having received the required constitutional majority, is declared passed. House Bill 4191. Senator Collins. Senator Collins. Out of the record. House Bill 4196. Senator -- Senator Cullerton seeks leave of the Body to return House Bill 4196 to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 4196. Senator Cullerton, for -- what would you like to do on this?
Yes. Rather than adopting an amendment, actually, Mr. President, I’d like to table Amendment No. 2. 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton moves to -- Senator Cullerton moves that Committee Amendment No. 2 be tabled. The motion is always in order. Those in favor will vote Aye. Opposed, Nay. The Ayes have it, and it is tabled. Madam Secretary, are there any other amendments approved for consideration?
Floor Amendment No. 4, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton.
Yes. I’d like to not adopt that amendment and move the bill to 3rd Reading and pass the original bill.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4196. Madam Secretary, please read the bill.
House Bill 4196. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton, to explain your bill.
Yes. Thank you, Mr. President, Members of the Senate. We had tried with this bill to pass some measures dealing with condominium tax sale procedures and we weren’t able to get the language that was agreed with everybody, so we’re going to take up that effort next year. In the meantime, this is a very noncontroversial bill which passed the House. Simply amends the 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Condominium Advisory Council Act and extends the deadline by which they have to fulfill their duties to January 31st, ’09. There’s no controversy. Be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Dillard.
Thank you, Mr. President. I do have a John Cullerton-type question for Senator Cullerton.
PRESIDING OFFICER: (SENATOR LINK) He indicates he will yield.
Senator Cullerton, so what’s the difference between this bill which is now on final passage from what would have been the bill if you put the amendment that you passed on a few seconds ago on? What’s the difference between the possibly amended bill and this bill which is now in final passage?
PRESIDING OFFICER: (SENATOR LINK) Senator Cullerton.
Yeah. The -- all I’ve done is return -- we’ve -- I’ve eliminated all amendments from the bill and just want to pass it as it passed the House. The -- the amendments that we had adopted in committee dealt with the condominium tax sale procedures, and every time we -- we would pass an amendment, we’d find some more opposition - most recently from the Cook County Treasurer. So, we -- we couldn’t get an agreed bill, so I decided just to abandon that effort and try to get an agreement next year. The tax buyers had some concerns about it. 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 So this is simply just a real simple noncontroversial bill, talking about extending the -- the deadline.
PRESIDING OFFICER: (SENATOR LINK) Senator Dillard.
Thank you, Mr. President. In that case - and thank you for your explanation, Senator Cullerton - I rise in support of the bill. You know, I trust that Senator Cullerton will work with these groups, as he does, next year. And I’d urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 4196 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 4196, having received the required constitutional majority, is declared passed. Senator Risinger, for what purpose do you rise?
Thank you, Mr. President. The Republicans would like to have a caucus in Senator Watson’s Office -- immediately after adjournment. After recess, excuse me.
PRESIDING OFFICER: (SENATOR LINK) We -- we’re trying to figure this out, Senator Risinger, because we’re going to committee at 11:35, which we would like to keep on order of staying on that. So, you just let me know when you would like to go to -- to caucus, because caucus is always in order. We’ll be more than happy to grant that request. We’re just trying to do it so we can keep this in an 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 order. You just let me know. Senator Risinger.
Yeah. The Republicans would like to have a caucus immediately.
PRESIDING OFFICER: (SENATOR LINK) That is always in order. And we would like you to -- so we can keep in order and come back at 11:35 for committee. The Senate will now stand in recess to the call of the Chair after committees. The Senate will convene at -- for -- for further Floor action. The Senate now stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR LINK) The Senate will reconvene. Will all Members at the sound of my voice please come to the Senate Floor immediately? Will all Senators at the sound of my voice please come to their -- come to the -- the Floor immediately? And I want to thank the Members that are here. But will they please come to the Floor immediately? Madam Secretary, Committee Reports.
Senator Trotter, Chairperson of the Committee on Appropriations I, reports Senate Amendments 1 and 2 to Senate Bill 1103 recommend Do Adopt.
PRESIDING OFFICER: (SENATOR LINK) Madam Secretary, Communications.
I have a letter dated May 23rd, 2008. 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Dear Madam -- Madam Secretary - Pursuant to Senate Rule 2-10, please be advised that on Tuesday, May 27th, 2008, the Senate will convene in its First Special Session at 2:01 p.m.; in its Second Special Session at 2:02 p.m.; and in one- minute intervals thereafter for Special Sessions Three through Nineteen. Very truly yours, Emil Jones, Jr., Senate President.
PRESIDING OFFICER: (SENATOR LINK) To fulfill our responsibility under Article V, Section 9 of the Constitution, we will now proceed to the Order of Advise and Consent. Senator Hendon.
Thank you, Mr. President. I move that the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in the Messages from the Governor dated April 8th and 10th and 17th, 2008.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon moves the Senate resolve itself into Executive Session for the purpose of acting on the appointments set forth in the Messages from the Governor dated April 8th, 10th and 17th, 2008. Madam Secretary, Committee Reports.
Senator Hendon, Chairman of the Committee on Executive Appointments, to which was referred the Governor’s Message of April 10th, 2008, reported the same back with the recommendation that the Senate do advise and consent to the following appointment.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon. 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
Mr. President, with respect to the Governor’s Message of April 10th, 2008, I will read the salaried appointment of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Department of Employment Security Review Board for a term commencing April 7th, 2008, and ending January 19th, 2009: Elwood Flowers. Mr. President, having read the salaried appointment from the Governor’s Message of April 10th, 2008, I now seek leave to consider the appointment on a roll call. Mr. President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? The question is, shall the Senate advise and consent with the appointment just read by the Governor’s Message of April 10th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. The majority of Senators elected concurring with the vote -- record vote, the Senate does advise and consent with the appointment just read. Madam Secretary, Committee Reports.
Senator Hendon, Chairman of the Committee on Executive Appointments, to which was referred the Governor’s Message of April 17th, 2008, reported the same back with the recommendation that the Senate do advise and consent to the following appointments. 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon.
Mr. President, with respect to the Governor’s Message of April 17th, 2008, I will read the salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be the Director of the Illinois Power Agency for a term commencing April 21st, 2008, and ending January 19th, 2009: Mark Pruitt. To be a member of the Prisoner Review Board for a term commencing April 14th, 2008, and ending January 21st, 2013: Salvador Diaz. Mr. President, having read the salaried appointments from the Governor’s Message of April 17th, 2008, I now move that a separate vote be taken on the appointment of Salvador Diaz to be a member of the Prisoner Review Board.
PRESIDING OFFICER: (SENATOR LINK) A written motion has been filed and -- requesting a separate vote be taken on Salvador Diaz to be a member of the Prison {sic} Review Board. Being supported by the required number of sponsors, the motion is in order and a separate vote will be taken on Salvador Diaz. Senator Luechtefeld, for what purpose do you rise?
Thank you, Mr. President. You know, I -- I can’t say that we exactly agree with this, but I think we’ll defer to the Chairman of the Committee on this particular issue. Thank you.
PRESIDING OFFICER: (SENATOR LINK) 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Senator Hendon.
Thank you, Mr. President. Thank you, Senator Luechtefeld. I move that the Senate recommit the appointment of Salvador Diaz to be a member of the Prisoner Review Board to the Committee on Executive Appointments.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon moves to recommend {sic} the appointment of Salvador Diaz to be a member of the Prisoner Review Board to the Committee on Executive Appointments. All those in favor will vote Aye. Opposed, Nay. The Ayes have it. The motion carries. And the appointment of Salvador Diaz to be a member of the Prisoner Review Board is recommended {sic} to the Committee on Executive Appointments. In the matter of other salaried appointees named in the Message of April 17th, is there any discussion? The question is, shall the Senate advise and consent with the appointment read from the Governor’s Message -- Message of April 17th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. The majority of Senators elected concurring by record vote, to the -- the Senate does advise and consent with the appointments just read. Madam Secretary, Committee Reports.
Senator Hendon, Chairman of the Committee on Executive Appointments, to which was referred the Governor’s Message of April 8th, 2008, reported the same back with a recommendation that the Senate do advise and consent to the following 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 appointments.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon.
Mr. President, with respect to the Governor’s Message of April 8th, 2008, I will read the non-salaried appointments to which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Central Midwest Interstate Low-Level Radioactive Waste Commission for a term commencing March 31st, 2008, and ending January 19th, 2009: Joseph Klinger. To be a member of the Chicago-Gary Regional Airport Authority for a term commencing March 31st, 2008: Susan Shea. To be a member of the Workforce Investment Board for a term commencing March 17th, 2008, and ending July 1, 2010: Janet Payne. To be a member of the Workforce Investment Board for a term commencing March 31st, 2008, and ending July 1, 2010: Larry Walsh. Mr. President, having read the non-salaried appointments from the Governor’s Message of April 8th, 2008, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, does the Senate advise and consent with the appointments just read by the Governor’s Message of April 8th. 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 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. The majority of Senators elected concurring by a record vote, the Senate does advise and consent with the appointments just read. Madam Secretary, Committee Reports.
Senator Hendon, Chairman of the Committee on Executive Appointments, to which was referred the Governor’s Message of April 10th, 2008, reported the same back with the recommendation that the Senate do advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon.
Mr. President, with respect to the Governor’s Message of April 10th, 2008, I will -- I will read the non-salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be members of the Department of Employment Security Advisory Board for terms commencing April 7th, 2008, and ending January 19th, 2009: Thomas Caliper and Tim Drea. To be a member of the Housing Development Authority for a term commencing April 4th, 2008, and ending January 12, 2009: Floyd Gardner. Mr. President, having read the non-salaried appointments from the Governor’s Message of April 10th, 2008, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR LINK) 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Is there any discussion? Seeing none, the question is, does the Senate advise and consent with the appointments just read in the Governor’s Message of April 10th. 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 54 Ayes, no Nays, none voting Present. A majority of Senators elected, concurring with a record vote of the Senate, does advise and consent with the appointments just read. Madam Secretary, Committee Reports. Senator Hunter, for what purpose do you rise?
Mr. President, I kept pushing my button and it would not register. So, I meant to vote Yes on that bill.
PRESIDING OFFICER: (SENATOR LINK) Record shall reflect and we will have somebody checking that out for you. Madam Secretary.
Senator Hendon, Chairman of the Committee on Executive Appointments, to which was referred the Governor’s Message of April 17th, 2008, reported the same back with the recommendation that the Senate do advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon.
Thank you, Mr. President. Not that she needed a witness, but I saw Senator Hunter over there relentlessly punching her button, so it was out of order. Mr. President, with respect to 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 the Governor’s Message of April 17, 2008, I will read the non- salaried appointments of which the Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Carnival-Amusement Safety Board for a term commencing April 11th, 2008, and ending January 17th, 2009: Richard Boyd. To be a member of the Carnival-Amusement Safety Board for a term commencing April 11th, 2008, and ending January 17th, 2010: James Wright. To be a member of the Eastern Illinois Economic Development Authority for a term commencing April 11, 2008, and ending January 16th, 2012: John Dreher. To be a member of the Eastern Illinois Economic Development Authority for a term commencing April 11, 2008, and ending January 21, 2013: George Levi. To be a member of the Board of Natural Resources and Conservation for a term commencing April 11, 2008: Sidney -- Marder. Mr. President, having read the non-salaried appointments from the Governor’s Message of April 17, 2008, I now seek leave to consider the appointments on a roll call. Mr. President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate advise and consent with the appointments just read by the Governor’s Message of April 17th. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Ayes, no Nays, none voting Present. A majority of Senators elected concurring by a record vote, the Senate does advise and consent with the appointments just read. Senator Hendon.
Thank you, Mr. President. I move that the Senate arise from Executive Session.
PRESIDING OFFICER: (SENATOR LINK) Senator Hendon moves the Senate arise from Executive Session. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate arise from Executive Session. Senator Collins, for what purpose do you rise?
For a point of order, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
On House Bill 4178, I inadvertently pushed No. I would like the record to reflect that my intent was to vote Yes on House Bill 4178.
PRESIDING OFFICER: (SENATOR LINK) Your intent will be reflected in the record. Senator Risinger, for what purpose do you rise?
For a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
In the gallery on the Democrat side is a constituent of 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 mine - a friend of mine - Mr. Alan Anderson, visiting the Senate. Would you please help me give him a welcome to the Senate?
PRESIDING OFFICER: (SENATOR LINK) Will our guest rise and be welcomed by the Illinois Senate? With leave of the Body, we will go back to House Bill 2254. Senator Schoenberg. Madam Secretary, please read the bill.
House Bill 2254. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Schoenberg, to explain your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2254 is -- would enable the single prime contracting method for very limited and discreet circumstances for projects relating to the Capital Development Board. According to the Board, the single prime contracting method enables a publicly transparent low single bidding contract for specific construction projects, instead of five separate contracts to achieve the same goal, that has the net effect of saving hundreds of millions of dollars. And I know of no opposition to this. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 2254 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 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 2254, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll now go to House Bill 3286. Senator Schoenberg. Madam Secretary, please read the bill.
House Bill 3286. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Schoenberg, to explain your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3286 would create under the University of Illinois’ College of Medicine and Institute of Public Affairs, the Illinois Health Policy Center, which would tap into all the resources that we have been spending on various consulting studies and other -- and other policy studies to provide the Legislature and other policymakers with direction. I know of no opposition to this. I’m happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 3286 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 3286, having received the required constitutional majority, is declared passed. Now we will go back to where we left off. House Bill 4201. Senator 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Rutherford. Madam Secretary, please read the bill.
House Bill 4201. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Rutherford, to explain your bill.
Mr. President, thank you. 4201 would extend two TIF districts in the Village of Downs for another nine years. And all of the taxing bodies within those areas, the townships, the school and the county, have submitted letters of support to do that, and I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4201 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 54 Ayes, 1 Nay, none voting Present. House Bill 4201, having received the required constitutional majority, is declared passed. House Bill 4206. Senator Burzynski. Out of the record. House Bill 4207. Senator Martinez. Madam Secretary, please read the bill.
House Bill 4207. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Martinez. 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
Thank you, Mr. President, Members of the Senate. Floor Amendment No. 1 retains House Bill 4207 and clarifies that the prohibition applies to leasing a residential unit in the same building in which a child sex offender resides. It also clarifies that the -- it also clarifies that it also applies only to rental arrangements entered into after the effective date of this Act. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4207 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 4207, having received the required constitutional majority, is declared passed. House Bill 4216. Senator Bond. Senator Bond seeks leave of the Body to return Senate Bill -- or House Bill 4216 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 4216. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR LINK) Senator Bond, to explain your amendment.
Thank you, Mr. President. The amendment makes the bill subject to appropriation.
PRESIDING OFFICER: (SENATOR LINK) 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Senator Bond moves the adoption of Amendment 1 to House Bill 4216. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on 3rd Reading, Madam Secretary, please read the bill.
House Bill 4216. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Bond, to explain your bill.
Thank you, Mr. President. House Bill 4216 creates the Illinois Science and Technology Commission. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4216 pass. All those in favor will say {sic} Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 4216, having received the required constitutional majority, is declared passed. House Bill 4252. Senator Syverson. Out of the record. With leave of the Body, we will come back to House Bill 4255. House Bill 4283. Senator 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Clayborne. Out of the record. With leave of the Body, we’ll come back to 4353. House Bill 4374. Senator Martinez. Out of the record. With leave of the Body, we will come back to 4378. House Bill 4379. Senator Clayborne. Out of the record. House Bill 4402. Senator Dillard. Senator Dillard seeks leave of the Body to return House Bill 4402 to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading, House Bill 4402. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Dillard.
PRESIDING OFFICER: (SENATOR LINK) Senator Dillard, to explain your amendment.
Thank you. This just adds an effective date to the bill. And I’d move its adoption.
PRESIDING OFFICER: (SENATOR LINK) Senator Dillard moves the adoption of Amendment 1 to House Bill 4402. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. On the Order of 3rd Reading is House Bill 4402. Madam Secretary, please read the bill.
House Bill 4402. 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Dillard, to explain your bill.
Thank you, Mr. President. In an earlier Session, we set up restrictions for the distance that a sex offender can be around a day care home or group day care home and we -- we’re not happy with the definition that was in there of these particular centers. We worked with DCFS and the Illinois Sheriffs’ Association and this makes the definition more workable. And that’s all it does. It just kind of changes the definition of what these centers are in something we previously passed. It’s really technical in nature. And I’d appreciate a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4402 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 4402, having received the required constitutional majority, is declared passed. House Bill 4470. Senator Kotowski. Madam Secretary, please read the bill.
House Bill 4470. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Senator Kotowski.
Thank you, Mr. President. House Bill 4470 amends the Department of Commerce and Economic Opportunity Law concerning the program for training grants for skills in critical demand. I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4470 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 Ayes, no Nays, 1 voting Present. House Bill 4470, having received the required constitutional majority, is declared passed. With leave of the Body, we’ll go back to 4536. House Bill 4548. Senator Peterson. Madam Secretary, please read the bill.
House Bill 4548. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Peterson.
Thank you, Mr. President. House Bill 4548 extends the TIF life from twenty-three to thirty-five years for the Village of Libertyville. There is no opposition and I ask for your support.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 shall House Bill 4548 pass. All those in favor will say {sic} 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 Ayes, 1 Nay, none voting Present. House Bill 4548, having received the required constitutional majority, is declared passed. House Bill 4549. Senator Sullivan. Madam Secretary, please read the bill.
House Bill 4549. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. House Bill 4549 amends the Illinois Forestry Development Act. Makes several name changes and revisions throughout the Act. Extends the sunset date and increases the diversity of the Council. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4549 pass. All those in favor will say {sic} Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 4549, having received the required constitutional majority, is declared passed. House Bill 4553. Senator Hunter. Madam Secretary, please read the bill.
82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 House Bill 4553. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4553 creates the Community Youth Employment Act. This bill provides that DCEO shall administer the competitive grant program to provide twenty-five hundred youths with stipends and supervision over a six-week summer period.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy.
To the bill, Mr. President. The -- I commend the -- the sponsor on her work and -- and her interest in helping her district. But I wanted everybody on our side of the aisle to understand, this is a bill -- this is the -- the Governor’s hundred-and-fifty-million-dollar proposal that is for Chicago only. To the extent these issues exist, they exist beyond the borders of Chicago. And I would urge an Aye vote for the fact that it’s so limited -- or a No vote, excuse me.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 4553 pass. All those in favor will say -- 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 37 Ayes, 15 Nays, none voting Present. House Bill 4553, having received the required constitutional majority, is declared 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 passed. Senator Sullivan, for what purpose do you rise? House Bill 4573. Senator Collins. Madam Secretary, please read the bill.
House Bill 4573. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4573 makes three changes to current -- Illinois Department of Human Services’ policy to improve local access to income supports for people with low-income levels. I’m open for any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4573 pass. All those in favor will say {sic} 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 Ayes, no Nays, none voting Present. House Bill 4573, having received the required constitutional majority, is declared passed. House Bill 4578. Senator Millner. Madam Secretary, please read the bill.
House Bill 4578. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Senator Millner.
Thank you, Mr. President and Members of the Senate. House Bill 4578 amends the Abused and Neglected Child Reporting Act to provide for reporting of child pornography by electronic and information technology workers who discover any depiction of child pornography while installing, repairing, or otherwise servicing an item of electronic and information technology equipment. The worker or worker’s employer shall immediately report the discovery to local law enforcement or to the CyberTipline at the National Center for Missing & Exploited Children. And failure to report is a business expense {sic} (offense). I’m here to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4578 pass. All those in favor will say Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 4578, having received the required constitutional majority, is declared passed. The Rules Committee will meet immediately in the President’s Anteroom. The Rules Committee will meet immediately in the President’s Anteroom. Senator Martinez in the Chair. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR LINK) 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Senator Martinez, for what purpose do you rise?
Thank you, Mr. President. Over in the Republican gallery, I have a wonderful school, Bateman School, who -- who’s here visiting me. And I think they are the graduating class. Right? Yeah. Well, welcome to Springfield.
PRESIDING OFFICER: (SENATOR LINK) Will our class please rise and be welcomed by the Senate? Madam Secretary, Committee Reports.
Senator Hendon, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Floor Amendment 3 and Floor Amendment 4 to Senate Bill 1103. Senator Rickey Hendon, Chairman. May 23rd, 2008.
PRESIDING OFFICER: (SENATOR LINK) We will now be going to Senate Bills 3rd Readings, appropriation bills with amendments only, on the -- on page 3 -- or page 4, excuse me. Senate Bill 1102. Senate Bill 1102. Senator Trotter. Madam Secretary, please read the bill.
Senate Bill 1102. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, to explain your bill.
Thank you very much, Mr. President and Members of the Senate. This is the -- the beginning of us passing our 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 appropriations bill for the ‘09 year. Senate Bill 02 {sic} (1102) contains just under 1.3 billion dollars for nine agencies, including Public Health, DFPR, Historical {sic} (Historic) Preservation, and IEMA. This is a decrease from last year overall of 2.8 percent from the ‘08 budget. In this, it has the State Board of Education. It increases four hundred and -- thirty-six million dollars to GRF. It raises the foundation level to -- one hundred and sixty-six dollars per pupil that’s provided, increasing the total level now to five thousand nine hundred per pupil. And appropriations to the General State Aid and the GSA harmless {sic} (hold harmless) is four billion -- 4.5 billion dollars, representing a 54.9 million-dollar increase. It funds the categoricals at one hundred percent. Early childhood education gets an additional 32.4 million dollars, bringing their total appropriations up to three hundred and eighty million dollars. It also one hundred percent funds the Transitional Assistant {sic} (Assistance). In the State Board of Elections, it includes 45.4 billion {sic} dollars of all funds of this budget. It represents a 4.5 million-dollar increase over their lines for ‘08. It also increases the -- the dollars for reimbursement to county election judges. The increase is due to the substantive bill, SB 662, which mandated an increase in the per-judge reimbursement rate from twenty-five dollars to forty-five dollars per judge. In Department of Corrections, there’s an increase of 84.3 billion dollars and -- million dollars, excuse me. And this budget does not reflect any facility closures, whatsoever. In Department of Human Services, it increases the budget by 191.5 million dollars. There are no head count increases in -- in their budget. 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Department of Healthcare and Family Services contains an increase of five hundred and sixty-two million dollars, an increase of 703.8 million dollars to all funds. The GRF increase entirely is driven by the liability increases in the medical programs budget. The growth in the medical programs budget assumes no new program expansion and is estimated to maintain the provider payment cycle of about seventy days. Department of Aging - this increases their budget by 607.9 million dollars. There -- there is a sixty-eight-million-dollar increase to the Community Care Program. It also puts the dollars back in for the Red Tape Cutters {sic} (Cutter) Program. Department of -- of Veterans’ Affairs has an increase for all funds. For the Homeless Veterans’ Program at the Manteno Veterans’ Home - this is an increase of eight hundred and nine thousand dollars over from last year. There is eight million dollars of OSF for the newly created Illinois Warrior Assistance Program. In the retirement lines, appropriates for retirement 2.2 billion dollars over all funds. This represents an increase of two hundred and eighty million dollars over ‘08. This also is contingent on that we pass a -- a POB which, in fact, will generate sixteen billion dollars in funds. The sixteen billion dollars which will go into paying off the principal of our pension obligations and which will essentially bring down our -- our payment. We should reach the ninety percent threshold by the year 2034, instead of 2045. It also will lower our payments from 3.2 billion dollars annually to 2.7 billion dollars annually. And that’s essentially the bill and I’m open for questions.
PRESIDING OFFICER: (SENATOR LINK) 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Is there any discussion? Senator Brady.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR LINK) He indicates he will.
Senator, if I might, a couple questions regarding your agenda here if I -- if you’re willing to go a little bit beyond just this. The budget’s a comprehensive package typically. Could I ask you some questions about what your agenda is for today?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Our agenda is to pass a general revenue budget for ‘09.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
And you intend to do that in how many bills today, Senator?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
We have a total of six bills, sir.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
So we’re going to -- this is the first of six appropriation legislations that you hope this Body passes and sends over to the House. Is it your claim that this -- this -- the cumulation 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 of these six bills is balanced within State revenues?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
It is a balanced budget based on our projections of revenues that will be forthcoming.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
So is -- what revenues need to be forthcoming, Senator, to balance this budget?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
We are -- we are predicating that on, one, natural growth, which we are estimating to be about 1.2 billion dollars. We are also making the assumptions that we can have sweeps up to five hundred and thirty million dollars for this budget as well.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
Senator, I also heard you say that this is subject to the pension obligation bonds. Is there another five hundred million you’re anticipating that you’ll get by not funding the current year’s pension obligation?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Just to correct you, sir, we are not planning on not paying 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 for this year’s public pension liability. We plan to do so as by Constitution. If we do not do it with the restructuring of the POB, it would automatically be done out of our natural growth of 1.2 billion dollars. So that eight-hundred-million- dollar payment that will be due will be made no matter what happens. So -- but, to answer your -- to further answer your question, again, our budget is predicated on that. The five hundred million dollars, as you say is in savings, is basically five hundred million dollars that we do not have to go looking for. So we’re not even going to be using that five hundred million dollars to pay anything. It just, again, brings down that liability overall.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
So, this budget is predicated on seven hundred million in natural revenue growth, five hundred million by reducing the current payment to the pensions, subject to the pension obligation bonds legislation, and five hundred million dollars in sweeping funds that are used to operate State agencies, for 1.7 billion dollars in increased spending, Senator?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
You have the total correct, but we don’t sort of -- sort of look at it the same way. So we’re not sweeping five hundred and thirty million dollars that it’s going for -- to paying for other governmental operations. These are essentially dollars that are sitting in -- in these funds doing nothing. So, during 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 this period of hard times, we feel that we should take these dollars that are not going to be committed to paying for their - - their -- their -- whatever service that they’re supposed to be paying for. If they’re just sitting there, we’ll use ‘em. It is also our intent to also not just arbitrarily do this. We will have a list of exemptions of which the Governor -- of -- of those funds that cannot be tapped, which we’ve done in the past, inclusive of all the veterans’ programs, as well as the -- some of the school programs as well. And OSLAD and the -- the other things that many of us hold dear. And, of course, those -- those funds that have come under attack in the past. And also there -- as you know, there’s been suits actually filed. Those funds will not be snatched at this point.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
So, Senator, this budget is -- you’re increasing spending by 1.7 billion dollars - you can nod your head - correct? Okay. Senator, so you’re increasing spending by 1.7 billion dollars. You’ve provided for that 1.7 billion dollars in revenue. So the revenue we’ve got, we’re -- going to increase spending. But yet, in the last reporting period from the Comptroller, we were 1.7 billion dollars in unfunded abilities to pay our bills. It appears to me, Senator, if you’re spending everything you’ve allocated for - whether we get the money or not through the pension obligation bond scheme - we’re not doing anything to correct the damage done by the mismanagement of last year’s budget, are we?
PRESIDING OFFICER: (SENATOR LINK) 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Senator Trotter.
Again, I guess we differ on how we -- we see last year’s budget. One, it wasn’t mismanagement. It’s been a -- a heck of a economic downturn here in the country, not here just in the State of Illinois. The -- a lot of assumptions that we’re made did not take into fact that we were going to have the mortgage issue crisis, did not know that the price of gas was going to be skyrocketing literally to the moon. So it’s not mismanagement as much as just that we did not have the cash flow that was based on the projections that were made last year at this time. So, yes, so there will be another -- and some spending of 1.7. We intend, with these dollars, with those dollars that we sweep, that we will use two hundred and sixty million dollars of that just for Medicaid alone to get a match from the feds so we can start paying towards it to ensure that our payments to the providers is at least met, if nothing else, so it will not escalate any higher than it is right now. So we are trying to address that structural deficit that we have because of just what is happening here in our country.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady.
Senator, we’re scheduled to adjourn one week from today. The House has passed a series of budgets over to us. We seem to be ignoring those at this point. We’re passing these over to the House. They seem to be ignoring us. What -- even if we could somehow believe in this program, what assurance do we have that there’s any communication going on between your side of the 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 aisle - there’s obviously none between us and you, other than the committee structure where things are forced down our throats - but there doesn’t even seem to be any communication between your office, the Governor’s Office. The Governor supposedly reported he’s not going to sign a budget until there’s a capital bill. I mean, how’s this whole thing come together? Here we are five days before scheduled adjournment, Senator. It appears we’re going to adjourn until Tuesday, take another three days off and leave at risk our State’s finances.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Unfortunately, your -- that perception is incorrect. Well, I guess your -- I could say your perception is correct, but, in fact, there are discussions ongoing. I have met with the House budgeteer, as well as their staff yesterday. It is our intent to work today and possibly even work tomorrow to try to reconcile what we have. By their own assessment and by their own -- out of their own mouths, they’ve said they didn’t pass a budget. They passed a series of bills which we can look at and consider. There is still plenty of time for us to do that. We’re going to pass this over. They hopefully will post it on Tuesday, act on it by Thursday. If we haven’t reconciled or if they haven’t agreed with that we sent them over the best budget, we still have days left to get out of here by the 1st. So I think that our -- our -- our -- our timing is -- is adequate enough for us to get the job done by the 1st of June, the end of May at the very least.
PRESIDING OFFICER: (SENATOR LINK) 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Senator Brady.
Senator, my last question and then I’ll leave it to others. But, I’m -- I’m glad to hear that, but yet how can you expect our side of the aisle to join in supporting this budget when you clearly just indicated that we’ll be left out of all those negotiations? We have very capable staff, who I think could add some credence and credibility to these budget negotiations. Is -- before I speak to the -- the budget itself, and I’ll -- I’d like to know what the strategy is by ignoring Senate Republicans in this entire process. Yes, you’ve let us have an opportunity at the Appropriations Committee, but to my knowledge, none of our folks have been invited to the meetings to create this final resolution. Can you give me your insight into why we’ve been left out?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
…don’t -- I don’t believe that you’ve been left out of the process. Essentially, what we have here is ‘08’s budget, of which you were part of -- of helping us craft together. All we’ve done is, is we’ve added some dollars in those areas that we feel are necessary to put dollars to continue the at least slow growth that we’re expecting next year. Those dollars will go for education. As I’ve pointed out, we’ve raised the -- the foundation level. We’ve done that. We’ve ensured that -- that -- your schools, mostly your schools, are held harmless. Same thing you would have told us to do. So we’ve done that in this budget. We said we were going to look at - something that 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 impacts on all of us - that our providers would at least not have to wait even longer to get payment by putting there. I’m sure those are the recommendations that you’ve been making and people from your side have been talking to me about. So we have done those necessary things, taking your ideas and put ‘em in this budget. So it’s not that you’re not in the process. So, and -- and you’ve come over yourself and talked. And you -- they’ve talked in our committees. We’ve had substantive committee meetings, in which your members have made many recommendations and they are seen here in this budget.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady, this is my -- little bit of a leeway. You said that was your last question…
It is. It is.
PRESIDING OFFICER: (SENATOR LINK) So this will be your last question.
No, it was my last question. I just want to -- a couple statements. Senator, thank you for responding to the questions. I simply was indicating, as you try to work something out with the House, we’d be more than happy, I’m sure, to offer our availability. Ladies and Gentlemen, this budget, as it sits in front of us, is over one billion dollars out of balance. It’s relying on five-hundred-and-thirty-million-dollar sweeps, as Senator Trotter has indicated. That’s a lot of money that people have paid into dedicated funds that we should keep our hands off of. I know you want to do some good things with it, but the fact of the matter is, those are other people’s moneys 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 and we ought to learn to keep our precious hands off of those funds. It also relies on five hundred million dollars in unfunded payments to our pension funds, based on a scheme of a pension obligation bond that we aren’t sure that’s going to happen. I think it’s false pretense under which we bring this budget forward in front of the people of Illinois, where there’s at least a billion-dollar-gaping hole in it. Secondly, I think, -- thirdly, I - rather - I think we are not doing ourselves any service and certainly aren’t doing our hospitals, our nursing homes and our pharmacists any service, nor to our children any service by continuing to not deal with the unfunded obligations that we have, particularly the 1.7 billion dollars in moneys that we owed our providers - our hospitals, our nursing homes and our pharmacists - that we ask to take care of our needy. This budget is not a solution to Illinois’ problems and I stand in opposition to it.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR LINK) Indicates he will.
Thank you, Mr. President. Senator Trotter, I -- I want to walk back through a little bit, a statement that you made earlier -- statements that you made earlier, about what the expenditures in the bill -- this bill and the bills that are forthcoming are predicated on in terms of the revenue. And I apologize. As you know, I don’t sit on the Appropriations 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Committee, so I don’t -- I’m -- I’m working from the foundation on this issue. What -- the 1.2 billion in -- in -- and you’ve - - you’ve termed it as natural revenue growth. Now, it’s my understanding that the Governor’s Office of Management Budget -- Management and Budget has pegged that number at somewhere around half that for actual natural revenue growth, about six hundred million. Do you have a different number than them for natural revenue growth or are you adding in some other revenue source?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Our numbers are -- do have added on numbers. It also takes in the federal matching dollars that we will be getting into our budget this year, during the next budget year.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Well, Senator, you got everyone over here scratching their heads. We -- we don’t know what that means. I mean, the expenditures that are in the budget, it’s my understanding, for like Medicaid and whatnot, account for the federal match. So, what is it that you are referring to? And I’ll be honest with you, the speculation over here is that you are counting in natural revenue growth the sale of the tenth riverboat casino license which is expected to happen in Fiscal Year 2009. Is that not correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 No, we do not count the -- the riverboat license in our bill. What we are looking at, essentially, again, is five hundred and eighty-four million dollars from feds. Dollars that will be forthcoming along with our -- our sweeps.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
You know -- and, Senator Trotter, maybe you can -- you can educate me a little bit further, because my understanding with federal match is, is you got to a -- you’ve got to spend -- generally you have to spend two to get one back. How is it we’re getting net revenue, net new revenue from the federal government? I mean, we think of revenue, we think of money coming in not matching dollars. So, where specifically is that coming from?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Sir, to try to answer your question -- and -- and just repeat it for me, please. I mean, I -- I got it, but just repeat it for me.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter, to repeat your question.
Thank you, Mr. President. Senator Trotter, you said that about six hundred million of that was additional federal moneys or match moneys that we were going to get. Match moneys, by my understanding, are when the State spends two dollars, generally, the federal government is going to send us back one. So, you 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 don’t net money out of federal match. You get just part of it paid back to you. So, how is it that you net a new six hundred million dollars out of a federal match program?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
To answer your question, sir, there’s -- there’s only two hundred million dollars, in -- in fact, that we’ll be getting from the feds that we -- that we would be netting out - two hundred.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Okay. I’m not sure that we agree with that, but we’re making progress because we’ve chipped away at that. That leaves four hundred million out there somewhere else. Now is your natural revenue growth estimate four hundred -- four hundred million dollars higher than GOMB’s, because theirs is at around six hundred million? I -- we -- I mean, we just kind of need to put the puzzle together here, Senator Trotter; I wonder if you can help with that.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Ours is a billion dollars plus the fund sweep transfers that you have down -- out there as well.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Thank you, Mr. President, for your indulgence. So, Senator, your natural revenue estimate is four hundred million dollars higher than GOMB’s and, it’s my understanding, COGFA’s, or -- or forty percent or so higher. What -- what is it about the economy that you expect to happen in the next twelve months or so in this State and in this country that -- that makes you so much more optimistic we’re going to have that kind of money than either the Governor’s Office or COGFA?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Senator, I would -- more than happy to share with you our list, which basically shows that we see growth in our personal taxes, see corporate taxes -- our sales taxes going up - using those numbers - the liquor gallonage taxes. The -- other sources, the Lottery; riverboat transfers are up. We see other State sources being up. We analyzed the bill - the one hundred and forty million dollars. We see the federal stimulus package being -- being up, for thirty-five million dollars. And with those federal sources that we mentioned earlier, our number comes to 1.2 billion dollars. So, you certainly can see the sheet, sir. And I’ll share it with you.
PRESIDING OFFICER: (SENATOR LINK) Senator Lauzen.
Thank you very much, Mr. President. I have a -- more of a -- well, let’s say I have a question for the sponsor.
PRESIDING OFFICER: (SENATOR LINK) He indicates he will yield. 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
Okay. It’s along the lines of credibility of the projections regarding the -- the budget that we’re talking about. The current situation that we have is that there’s more borrowing, longer payment cycles, higher fees, and at least indirect taxes. Senator Brady calls it, you know, due to mismanagement. You mentioned that it’s because of the economic downturn and you used some specific examples of the mortgage crisis and the price of gasoline going up. Yet, I would ask you, if you could identify revenue sources that have actually shrunk along those lines, either the mortgage crisis where people continue to pay more sales tax and more income taxes - and so there’s -- there’s not a shrinkage there; price of gasoline, that actually provides windfall because it’s taxed at a percentage, so it brings actually more money in. So, can you point to a revenue source that’s actually shrunk because of the economic downturn, as opposed to what Senator Brady is saying? Well, we’ve had a problem in the last year as far the management of a budget. You give ‘em a budget. You say all the tools are there to manage it. Some of us believe that the process hasn’t been managed properly by the Governor. But, you -- perhaps you have another prospective. The key is, what revenue sources have gone down because of either the mortgage crisis or the gas price?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Well, we can add to that list. Also, we know that unemployment is up. So people are not working -- even though 102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 that their salaries may be up, but there are less people working. Corporate income tax, for one, is down thirty-two million dollars. We have the inheritance tax gross down; it’s projected eighty-five million dollars. The public utility tax is down by thirty. The -- the transfers -- the riverboat transfers, even though we’re projecting they should be up, we know they are down from what they were this year. Some can say it’s because of the -- the new law that we passed, the new smoking ban that we have on the boats. So, those are just a few of the things, sir, that has been impacted by this downturn in the national economy.
PRESIDING OFFICER: (SENATOR LINK) Senator Lauzen.
Second question has to do with the payment cycle. A year ago about this time, you and I had a similar conversation and I asked the question “What will occur to the payment cycle under the proposed spending plan?” And your answer was that we would be at fifty-seven days under this plan. And, as you’re probably aware, in this year we’re closer to seventy days in the cycle. And I -- I would ask what happened there? And what’s your anticipation as far as what next year’s payment cycle is under the current budget that you’re proposing?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
What happened in the past, sir, was unfortunate. Again, we just did not have the dollars to keep up with the -- the Medicaid payments. And as a consequence, we did extend the 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 days, so it came from fifty-seven to seventy-two. With this budget, the ‘09 budget, it is our intent, by taking two hundred and sixty million dollars, getting that federal match from Medicaid and putting those dollars into our Medicaid provider line, that we will keep the -- the payment -- provider payment cycle at seventy to seventy-two days.
PRESIDING OFFICER: (SENATOR LINK) Senator Lauzen.
Thank you. Final question is -- and just a clarification on what you just mentioned. There’s more revenue in the 2008 budget than there was in the 2007, and those are historical facts. And so when you describe to the Body here that, well, the downturn has led to less revenue, it’s -- it’s actually more revenue and so I’m -- I’m having a hard time following that. And if -- if we actually do go into the recession that a lot of people are predicting, won’t it have an even bigger impact as far as revenue projections for ‘09?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
I -- I agree with you. I don’t believe any of this is recessionary proof. However, we believe by having this relatively low-growth budget that we have at least curtailed our spending. Last year, there were many expansions of our programs. We did not do that this year. So, it should be better managed, if -- again, if we want to use that, this year by -- by doing it the way we’re trying -- attempting to do it now. 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR LINK) He indicates he will.
Thank you. Senator Trotter, I’m not sure if now’s the appropriate time, because I don’t know if the moneys are included in this specific amendment that we’re talking about. In fact, I think it’s actually in 1103. But just a few hours ago, we were all complimenting Senator Harmon and several of the other individuals of this Body that put together House Bill 824 - great ethics package. Can you tell me? Does this budget include the necessary funds to begin implementation of the database and -- and all the other requirements included in House Bill 824?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
The long answer is, no. However -- but those dollars -- we can start putting some things together. There are dollars in the State Board of Elections that are there that we can put towards this program, as we get started with the ethics legislation. But the real answer is, no, there are no new dollars in here for that database.
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Thank you for that answer. Also, might I make a point? A question was asked in Appropriations with regard to the MIA and POW scholarship program. And I think the simple answer to that is, although the level of those funds remain the same as ‘08, the amount of money that has been appropriated is nowhere near what is required by our universities to pay for that grant program. Am -- am I correct in making that statement?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Yes, you are. But I believe what we did fund it at has been the historic level, so about eight hundred and sixty-three million dollars, and it is inadequate at this time. But this was another one of those hard choices of we just didn’t have moneys to -- to expand it any further at this time.
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff.
Thank you, Mr. President. And just in closing, again, Senator Trotter, I think that a huge amount of effort has been placed on this budget and it’s a beginning. We’re keeping things flat. We’re not increasing a huge amount of expenses, but I think a lot more work needs to be done. Thank you very much for the courtesy.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 1102 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 36 106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Ayes, 19 Nays, none voting Present. Senate Bill 1102, having received the required constitutional majority, is declared passed. Senate Bill 1103. Senator Bomke, for what purpose do you rise?
The last bill that was just up there, I didn’t get to my button in time. When I did, I pushed the wrong one. I meant to vote No. Would you record me as voting No?
PRESIDING OFFICER: (SENATOR LINK) The record shall reflect your intentions. Senate Bill 1103. Senator Trotter. Senator Trotter seeks leave of the Body to return Senate Bill 1103 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1103. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, to explain your amendment.
Thank -- thank you very much, Mr. President. We just basically spoke about the bill, but -- but in this bill is the - - the State Board of Education, which deals with the hold harmless and -- with the foundation level increases and things of that nature. I’m ready for questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none -- seeing none, Senator Trotter moves the adoption of Amendment 1 to Senate Bill 1103. All those in favor will say Aye. Opposed, Nay. The Ayes 107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, on -- on your amendment.
Thank you very much. Senate Amendment No. 2 includes the capital reappropriations from previous fiscal years, both for bonded projects and pay-as-you-go projects, totaling 7.5 billion dollars. Also included are new pay-as-you-go projects totaling 2.5 billion dollars. No new bonded capital projects are included in this proposal.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter moves the adoption of Amendment 2 to Senate Bill 1103. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, to explain your amendment.
Thank you very much, Mr. President, Members of the Senate. Floor Amendment No. 3 makes technical changes to the General State Aid appropriations in the FY’09 budget of the State Board of Education.
PRESIDING OFFICER: (SENATOR LINK) Senator Radogno. 108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
Thank you, Mr. President. I would request a roll call on this amendment, please.
PRESIDING OFFICER: (SENATOR LINK) Senator Radogno requests a roll call on this amendment. All those in favor will -- will -- Senator Trotter moves the adoption of Amendment 3 to Senate Bill 1103. The question is, shall Amendment 3 on Senate Bill 1103 be adopted. 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 35 Ayes, 21 Nays, none voting Present. Amendment 3 is adopted. Are there any further Floor amendments approved for consideration, Madam Secretary?
Floor Amendment No. 4, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, on the amendment.
Thank you, Mr. President, Members of the Senate. Floor Amendment No. 4 makes further technical corrections to the Technology Immersion line at the State Board of Education. A zero was inadvertently left off of the five million GRF appropriation. Also changed is a grant line at the Department of Corrections for antiviolence crime prevention. The line was increased to 21.3 million dollars GRF from 6.3 million GRF.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter moves the adoption of Amendment 4 to Senate Bill 1103. All those in favor, say Aye. Opposed, Nay. The 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1103. Madam Secretary, please read the bill.
Senate Bill 1103. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Mr. President, I -- I essentially have explained the bill in the amendments. If there’s any further questions or corrections that people would like to know, I’m -- I’m here to answer them.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Jacobs.
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Sponsor indicates he will yield.
Senator, I -- I have one of those school districts -- one of those twenty-four school districts that has not been taken care of. The Governor was in my district five years ago, presented a giant, jumbo check that wasn’t paid. I -- I was 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 told that this is going to be in this bill and I’m unable to find it. Will -- will you give me your assurance that this is in that bill?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
It is, in fact, in this bill. It is one hundred and forty- eight million dollars, I believe, that was there. Those dollars essentially will come from that five-hundred-and-thirty million- dollar sweep that we’re proposing. Two hundred and sixty million, as I said, we’ll use as a match. The remaining dollars - it will be about a hundred and seventy million dollars - will pay for those twenty-four schools that are left incomplete.
PRESIDING OFFICER: (SENATOR LINK) Senator Jacobs.
I just want to thank the sponsor. And I do believe that we’ll see some optimism, because a Democrat from Illinois is about to become President and replace George Bush.
PRESIDING OFFICER: (SENATOR LINK) Senator Dahl.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) He indicates he will yield.
Senator Trotter, is -- is it a fact that the funding has been eliminated for the LaSalle Veterans’ Home eighty-bed expansion? 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
It has not been eliminated, but it has not been increased either.
PRESIDING OFFICER: (SENATOR LINK) Senator Dahl.
Thank you, Mr. President. So what you’re telling me is that the eighty beds in the new addition are not going to be funded one hundred percent?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
That’s correct, sir. It’s not funded in this budget.
PRESIDING OFFICER: (SENATOR LINK) Senator Dahl.
Thank you, Mr. President. To -- to the bill: I -- I find this extremely hard to understand, that in a -- in a day like today, three days before Memorial Day, we can -- we can come into this -- into this great State Capitol and stand here and tell our veterans we don’t care. We don’t care about you, but we do care about a pay raise. We’re worried about a pay raise. We’re going to have a pay raise, but we’re not going to take care of our veterans. Three days before Memorial Day. We’re all going to go home and we’re going to have to answer to this. If -- if -- if the Senate Democrats have a problem with me in my district, that’s fine. I don’t have a problem with that. Let’s 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 -- let’s get in the sandbox and play the game. But when we’re taking it out on the veterans in not only my district - there’s veterans on the list to get into that veterans’ home from all over this State - and we’re telling them we don’t care about you because this is about politics. “This is in Senator Dahl’s district and we don’t like him in Springfield because he created an embarrassment for us four years ago.” That’s bull and I have an issue with that. I have an issue with the whole situation down here. When -- when we have bills that we can’t get out of the Rules Committee, that we’re promised we’d get bills out of the Rules Committee, they don’t come out Rules Committee simply because of politics, because of the next election, I don’t have a problem with that. Bring it on. Let’s get with it. But when you pick on my veterans, you got a problem and I won’t stand for it. I’m going to get vocal. I’m going to get loud and you’re going to hear from me and you’re going to hear from my veterans. You’re going to hear from all of us back home. You’ve gone out of bounds on this one. We’ve been fighting for this veterans’ home for years. It’s up, it’s done, it’s ready, and now we’re not going to fund it. I take great issue with this. I suggest you go back and rethink this. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Radogno.
Thank you, Mr. President. Before I comment on -- on just the overall situation, which really was addressed in the previous bill, there are a few things -- specifics in -- in this bill I want to mention. I was going to mention the veterans’ home. Obviously, Senator Dahl has done a very eloquent job 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 mentioning that. Another thing that is up and ready to go and not funded, although it’s only 3.1 million dollars, is the four hundred beds at Thomson Correctional Center. Another thing, I had a question earlier and, Senator Trotter, you weren’t able to answer it. I’ve gotten a little more information from the constituents that would be affected by it, and hopefully you have been able to come up with an answer during that time as well. And that is with the Department -- the Juvenile Justice Department. They have sustained a cut from what the Governor had introduced and there’s been a longstanding concern about head count in those facilities, specifically about teachers. And, of course, as we know, having teachers, particularly in juvenile justice, is very, very important for helping these kids become rehabilitated and get out and lead productive lives. And the information I have now is the bulk of that cut comes from the school district portion of that. Why is that? And -- and exactly, you know, what does that mean in terms of -- of how the inmates in that department will be treated?
PRESIDING OFFICER: (SENATOR LINK) The sponsor indicates he will yield for a question. Senator Trotter.
Thank you. And thank you for the question. And sadly, it -- it just goes back to what we’ve been saying in the beginning, that we’re trying to live within our means. The -- the Governor had proposed twice as much money as we’re putting in here. However, we are funding it at fifty percent. If we could have funded it all the way and taken care of all the things that everybody wanted, this budget would be a three-billion-dollar 114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 budget out of -- out of balance. We just could not do it. Again, this is -- what you’re looking at and what other people - - their expectations were, that this was in the Governor’s introduced budget. So, though we did fund it, we just did not fund it at that level.
PRESIDING OFFICER: (SENATOR LINK) Senator Radogno.
I do appreciate that the budget is about priorities and -- and we’ve just -- you know, we haven’t had a lot of time to go through this. And -- and just as one more example of why this process has been really difficult, the amendment that we just roll called reduced the school aid funding. So we went from three hundred and ninety-two million to two hundred and forty- eight million within a few minutes. And -- and, you know, I accept that that may have been an error. Maybe you never intended to do the three ninety-two to begin with. But that just demonstrates why rushing through this process is not a good thing. But when we come back to the priorities, we haven’t had a lot of time to go through it, but when -- when we did -- when I had a chance to look at what our staff provided with us and -- and the documents that we have, some of the things that we’ve already mentioned - no Thomson, no LaSalle Veterans’ Home, the Community Care Program is -- is cut, the Ombudsman Program in the Department of Aging is cut - and yet there is a 7.5-million- dollar increase in the welfare cash grant, there are Member initiatives, there’s 5.8 million reappropriation of Senate Democratic Member initiatives, 9.3 million in DHS Member initiatives that were not in the Governor’s budget. So, the 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 priorities that we do seem to be funding don’t seem to be the ones of the people that I represent and I suspect that many of us represent. So, I mean, the budget as a whole, even though we’ve tried to keep spending down, I don’t think the priorities are right at all. And then you add to that the fact that it -- you know, given that -- the question of whether or not the pension bonds would pass is still out there and I’m not sure it will; if they don’t pass, the entire product is completely out of balance. So, I would urge folks on this side to vote No.
PRESIDING OFFICER: (SENATOR LINK) Senator Halvorson.
Thank you, Mr. President. I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) Indicates he will yield.
Senator Trotter, I’m a little confused, because according to my records and according to the negotiations that I’ve been in, my records show that we increased Manteno Veterans’ Home by 1.1 million, the Illinois Warrior Assistance Program by eight million, LaSalle went up 3.8 million. Are my records wrong?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Leader Halvorson, no, you aren’t wrong at all, and I was going to actually bring that to Senator Dahl’s attention as -- as well, that, unfortunately -- ‘cause nothing that we do over here is ever personal, at least not from me and not from any of 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 the Members that I talk to and that’s all of ‘em. But there was an increase in your budget, so you’re absolutely correct. The largest increase this year went to the LaSalle Street home, not to the other homes.
PRESIDING OFFICER: (SENATOR LINK) Senator Halvorson.
Thank you, Mr. President. Well, I’m very happy, Senator Trotter, for making sure that my records were right. So, again, we have increased funding, but -- or get -- remember we have to live within our means. We don’t have the money, we can’t spend it. However, our veterans mean everything to me and to everybody in here. I have a stepson serving right now in Afghanistan. Don’t tell me I don’t care about the veterans. So let’s continue to work hard and make sure we do do what this says and support our veterans, but at the same time live within our means.
PRESIDING OFFICER: (SENATOR LINK) President Emil Jones.
Yeah. Thank you, Mr. President. I -- I felt compelled to respond to the remarks by the gentleman on the other side of the aisle saying politics. And the -- the gentleman has not been around long enough and I’ve looked at this Calendar. I looked at the reports coming out of Rules Committee and all those Republican-sponsored pieces of legislation. I do favor a pay raise. Some Members don’t want a pay raise, but some do. So I do favor it. I’m not going to tell a lie. But to say we’re playing politics with it -- if you are representing your 117 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 district and constituency, the -- the budget was not negotiated in silence. It was in the open. The members of the committee and your appropriation people should have offered the necessary amendments in committee if they were really concerned about what you brought to this Senate Floor. So nothing’s done on a political basis. And I know in this budget, as the Majority Leader pointed out, there was several increases as relate to the veterans in the State of Illinois, not decreases. But you cannot have it both ways. I heard previous speakers on the other side of the aisle when we’re trying to find money for the increases that’s currently there for veterans and they are attacking that. So either you got to be for something, but you cannot stand up and complain that you are against, because if more money was in LaSalle, would you stand up on the -- on the Senate Floor and say I support more money, I support the budget? You would be voting against it. So let’s quit playing those games and -- and quit giving political speeches on the Floor. Sure, there’s going to be a new President. The economy’s going to get much better. And that new President came from this side of the aisle who understands the State of Illinois. But let’s not play the political game with the political speeches as relate to this -- this budget. It’s all over, Senator Sandoval. Let’s quit giving those political speeches because nothing is done to any individual as relate to this budget. It’s a budget trying to help the veterans, trying to do something for the school kids of the State of Illinois. And I heard the speaker say, it’s not enough money. All those who were concerned about those projects for school construction, it’s in this bill. They have been begging. It’s not in just Democrat districts; it’s in 118 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Democrat and Republican districts. It’s in this bill. And, you know, why you cutting school aid? Senator, if you want more money, give us a idea how you’re going to come up with more money and stop talking out both sides of your mouth. Everyone should vote for this budget. The Republicans who are enlightened should be voting for this budget.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy.
To the bill, Mr. President: I -- I think it’s important to note, as a lot of people on our side of the aisle have pointed out both in committee and here, there’s a lot of good things in this budget. As some of us have mentioned, there’s more money in this State budget than there’s been in any State budget in the history of the State. And while we question the priorities, just because we’d like to spend some of the money in different ways, doesn’t mean we’re trying to have it both ways. And I think that’s an important distinction. We’ve got different priorities. That’s why they send fifty-nine of us from all over the State. With regard to this budget, this is a deficit budget on top of a deficit budget. Last August, we all stood in here and finally voted on a budget that grew spending by eight and a half percent over the year before. Before the ink was dry on it, in September, COGFA had already told us that we way overestimated revenue. So what are we doing this year to prove we learned from last year’s lesson? We’re projecting, when everybody is screaming from the mountaintops, “we’re in a recession, we’re in a recession.” In a nonpolitical remark over on the other side, there have been suggestions we’re going to 119 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 get a Democrat President because we’re in a recession. Yet, yet, we’re going to take the revenue projection -- the -- the revenue growth and essentially double over what we got this year. We put the road -- rose-colored glasses on last year, to shove the budget down and make it palatable. We should have learned that it doesn’t work, because now we’re at least three billion dollars in deficit. We aren’t allowed to have a deficit, I know; we have a balanced budget requirement. But we roll over debt every year. Everybody else would call it a deficit. We learned nothing from it. We grew the deficit last year, because we fell for the rose-colored glasses revenue projection. And we’re doing the exact same thing now - 1.2- billion-dollar revenue projection on new revenue in these economic times is utterly indefensible. If you’re going to vote for a budget that’s predicated on a 1.2-billion-dollar estimated revenue growth, at least have the guts to admit you’re voting for a deficit budget, ‘cause there isn’t anybody out there who can honestly say anything different. Now maybe there are other ways to manage this budget, and that’s been suggested and that’s fine, but let’s not try and tell the people that this thing balances, ‘cause it clearly doesn’t. We’ve got -- record revenue and we’re still swimming in red ink. I’d urge a No vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Pankau.
Thank you, Mr. President. To the bill: I had the opportunity in committee to ask the sponsor many questions about Medicaid, so I won’t go through those same questions again. And 120 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 I thank him for his indulgence on that. My concern is the Medicaid program that we have. This year we are spending more money on Medicaid than we are on elementary and secondary education combined. It is by far the fastest-growing component to our budget. And yet we have taken no steps to pay our bills that have been accumulating, nor to -- nor to manage the whole Medicaid program and bring it under some kind of control. In this budget that you have before you, right now we have 1.7 billion dollars of bills that we aren’t paying. By your own projections, at the end of this next year, the ‘09 year, we’re going to have 1.8 billion. So when you go home over the -- Memorial Day weekend and your doctors, your hospitals, your pharmacists, your nursing homes come to you and ask, “Is there going to be any relief?” “Am I going to get paid any sooner?” Tell them, no, because they’re going to be paid at the same rate they -- at the same time they are right now, if not even worse. It -- it was said in committee that right now we are in a seventy-two-day payment schedule. If you go out there in the real world and ask our doctors, hospitals, pharmacists, nursing homes how much -- how long they’re having to wait to be paid, they’re going to tell you it’s a hundred and twenty days to six months. On average next year, your hospitals are going to have to wait ninety days; nursing homes ninety-one; and pharmacies sixty-seven days. That’s on average. So if you are not expedited payment facility, you’re going to wait even longer and longer. We have hospitals, nursing homes, pharmacies that are having to close down ‘cause they can’t carry the State of Illinois anymore. And we are not addressing that in this budget. I urge a No vote. 121 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR LINK) Leader Watson.
Thank you, Mr. President. I appreciate that very much. A question of the sponsor if I might.
PRESIDING OFFICER: (SENATOR LINK) Indicates he will yield.
I believe a -- a couple of years ago, Senator Trotter, by your own initiative, your side of the aisle established a means by which we will pay our pensions. And I believe now we’re in the third year of that. Have you deviated -- are you deviating in any way from that payment schedule that you initiated just a couple years ago?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
No, sir, we are not. Actually -- and thank you for bringing that up, because it was -- we was successful -- we were successful in -- in doing that ten-billion-dollar bond sale and, as a consequence, we are on schedule for all of our payments. But one thing that we did last time that we’re not going to do this time is, instead of having what some called a pension holiday, we’re going take the entire sixteen billion dollars to pay down the principal - the entire sixteen, which also will bring our payments down annually as well. So we’ve learned from that successful experience how to do it better and we have a better plan now that’s laid out here.
PRESIDING OFFICER: (SENATOR LINK) 122 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Leader Watson.
Well, I -- I don’t know how in good conscience you can actually stand there and say that, Senator. I -- I’m disappointed to hear that. Our records show that you’re about five hundred million dollars short in this proposal. And what you’re referring to is your pension bonding bill that’s not even before us, nor has it passed, and that is going to change the payment structure. You’re not even living up to your own obligation that you made three years ago. The whole issue of pension bonding that’s being utilized for this budget, isn’t even reality, nor is the sweeps, which is another one-time revenue source. And I had the opportunity yesterday to speak to the Governor about this and I -- and -- and -- and we’re -- we are sincere when we say we want to be part of the solution. We -- we’ve asked to be in meetings and we’re -- we’ve been frozen out and -- for whatever reason. And unfortunately this is a partisan process here that we’re seeing that -- that -- that your side has promulgated onto us. We’ve asked to be part of it. I told the Governor yesterday. He said, “You know, just give me the money to do the things that you think are -- are necessary, whether it’s the Pontiac Correctional Center or -- or whatever issue it might be, just send us the money.” I said, “Governor, the problem that you have here,” - and I don’t think he truly understands it, I don’t think the administration understands it, and I don’t think you understand it, Senator Trotter - “when you create one-time revenue sources that create money for today, it creates a bigger hole for tomorrow.” It’s just basic economics and nobody seems to get that. And every 123 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 year, every year we go through this. And at some point in time, somebody’s going to have to pay. And, unfortunately, reality has not set in, I believe, especially on your side of the aisle. And I just want to make a comment about the LaSalle Veterans’ Home and I’m disappointed to hear some of the comments about that, because that was a heartfelt speech we heard from Senator Dahl. You know he doesn’t get up here on the Floor very often and he doesn’t really get upset. He’s a good man. He takes care of the people back home. He does an excellent job. He’s concerned about the people he represents. And what he said was accurate, was totally accurate. The facility has been built for an additional eighty beds for veterans in this State, the people who gave us the opportunity to stand right here on this Senate Floor or on the House Floor or being down there on the second floor in the Governor’s Office and -- and participate in a democracy -- was given to us by our veterans. Monday’s Memorial Day for Pete’s sake. And we -- we’re not living up to the -- what those people deserve. That’s all Senator Dahl was doing and he did it very eloquently. Let me ask you another question. I believe the first year of this administration would have been Fiscal Year ‘04, I believe would be correct, I think. At that point in time - I know this is accurate - the diversions out of the Road Fund were three hundred and seventy million and we participated in that. It goes to the Department of Transportation. It goes to the Secretary of State. It goes to State Police. We understand that those are road-related agencies that need support, so that -- that made it -- that was reasonable. That was three hundred and seventy million dollars. Today, we’re talking seven hundred -- seven hundred million in 124 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 additional diversions. I’m sorry, three seventy to seven hundred million, an increase of three hundred and thirty million over ‘04. That’s two billion dollars in the five years, two billion dollars that have been taken out of the Road Fund that’s there for a specific purpose, paid for by the people who drive these roads and expect them to be prepared and repaired, diverted. Everybody wants to point to the Governor on the second floor. And we all know everybody does point to the Governor because his approval ratings are disastrous. But, you know what? You’ve enabled him to do this. You have participated. You, being the Senate Democrats, the House Democrats, those who sit in the room who make these decisions. You’ve done it. You’ve been a part of it. You are as much responsible for the problems we have on highways today as the Governor is. The Senate Democrats have to take the liability right along with him. You ought to be ashamed.
PRESIDING OFFICER: (SENATOR LINK) Senator Dahl, for a second time, because your name was mentioned in debate.
Thank you, Mr. President. The thirty-six -- there’s thirty-six beds that are in the new addition in the LaSalle Veterans’ Home that are going to be open. They haven’t been opened yet ‘cause they haven’t got the money to hire the nurses yet. There’s still going to be forty-four more beds that won’t be opened, that we need another six million dollars to open them - approximately. To get all this done is going to take an effort on everybody’s part. In this budget, on page 106, Section 310, it says: The sum of $5,800,000, or so much thereof 125 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 as may be necessary and remains unexpended at the close of business on June 30th, 2008, from an appropriation heretofore made for such purposes in Article 635, Section 110 of Public Act 95-348, is reappropriated for {sic} (from) the General Revenue Fund to the Department of Human Services for grants to units of local government, not-for-profit organizations, community organizations and educational facilities for all costs associated with operational expenses and infrastructure improvements including but not limited to planning, construction, reconstruction, renovation, equipment, vehicles and other capital and related expenses and for all costs associated with economic development programs, educational and training programs, social service programs, and public and -- health and safety programs. So we’ve got 5.8 million dollars here that isn’t directed to anything, but we can’t come up with six million dollars to put into the veterans’ home to fully fund it. I -- I still have a problem with this.
PRESIDING OFFICER: (SENATOR LINK) Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I’ve watched my good friend, Senator Trotter, endure quite a bit of revisionist history coming his way and I think it’s -- I think it’s only fair that we reestablish some of the fundamental facts upon which this legislation and the current budgetary situation that we are facing today. The first of which is, I came into the General Assembly at the very time that Jim Edgar became the Governor. At that time, he inherited a record deficit of 1.2 billion dollars from his predecessor, 126 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 former Governor Thompson. At that time - and we were here all summer that first year of the -- of the Edgar administration - at that time the payment cycle, according to the Republican Comptroller Loleta Didrickson, was a hundred and twenty days. Do I want health care facilities to be able to -- to -- do I want health care facilities to wait, particularly those not-for- profit institutions or private business owners who can’t carry the float on the State’s behalf? Absolutely not, but I think it’s only fair that we put our current situation into context with the challenges that we have faced during difficult economic times and even recessionary times, as we have now. I -- I also want to point out that when we -- when we had the opportunity during the last year of the Ryan administration to have a transition of power, at that time, you may recall that we did dozens upon dozens of midyear corrections, reducing spending to all areas of the State budget, including a number which inflicted a considerable amount of pain, because we were confronting a budget deficit that exceeded by four times the then record that Jim Edgar had inherited from his predecessor, Jim Thompson. When Governor Ryan left that office, this current administration confronted a five-billion-dollar challenge, a five-billion-dollar deficit. There was plenty of red ink on everyone’s hands at the Capitol. So, please don’t give our side of the aisle the exclusive franchise on a difficult situation, because there’s been plenty of complicity over administrations of both parties and lawmakers of both parties that brings us to the point where we are today. I want to make two other brief points and they are: There have been several questions directed about sweeps of the hundreds of dedicated funds that we face. 127 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 We have legislation pending that will narrowly - I should say exclusively - restrict the use of dedicated funds only to those circumstances where we can leverage it for additional federal matching funds. And that in turn will enable us to provide for a modest bump in the General School Aid Formula and also to fulfill the obligations for those twenty-four school districts, which we all believe have waited for far too long. As part of that legislation, the Road Fund is specifically exempted. It can’t be touched. And we’ve all talked a great deal about trust or mistrust at the State Capitol. So we’ve taken it to a higher authority by matching the sweep -- by matching the swept funds exclusive -- exclusively to federal transferred funds to leverage those additional federal resources. We in turn have to answer to a higher authority. Those funds will be restricted by the rules of the federal government. That’s more than any memorandum of understanding, or blood oath, or pinky swearing, or Rock Paper Scissors can ever promise you. Finally, I want to say this, there was a reference to a hospital that closed in this State. That hospital, St. Francis, in Blue Island, was flush with cash when it closed. That hospital was not -- that hospital system was not economically distressed. That same hospital system went and spent tens of millions of dollars across the State line to make an infusion of new money into another hospital that had a more lucrative payment mix. That hospital closed not because Illinois was being a deadbeat. That hospital closed because that hospital system didn’t want to serve certain folks who live in this State who don’t necessarily carry private health insurance. It wasn’t making them enough money. And even though they had not-for-profit status, they 128 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 chose to close and send their money across the State border to another hospital. So, to characterize a hospital closure in a very distressed area is a mischaracterization. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Burzynski.
Thank you, Mr. President. To the bill and to the discussion that’s ensued -- ensued so far. You know, we talk about revisionist history, and I guess one of the speakers on the other side brought that up. And, you know, we can talk about what a budget deficit was six years ago - whether it was five billion as some say or two and a half as many of us believe. But there is a lot of truth to the fact that - to the best of my recollection - I don’t remember anybody on that side of the aisle helping us stand up and make those tough votes to cut those budgets in that midyear crisis either. Also, I think it’s important to note - and I kept the headlines in my drawer here on the desk for many years until we were remodeled just a couple of years ago - I remember a gentleman from the second floor, I think his name’s Governor Rod Blagojevich, standing up after he passed his first budget and saying - and this was a headline in many newspapers throughout the State of Illinois - I woke up this morning and that budget deficit was gone. I am tired of hearing about a five-billion-dollar budget deficit. If you want to lay what’s going on here and the budget deficit that we have here at somebody’s feet, lay it where it belongs - as Senator Watson said - the second floor and those of you that are enabling it to happen. Thank you. 129 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, to close.
Thank -- thank you very much, Mr. President, Members of the Senate. Thank all of you for your comments. Thank you, Jeff, for coming to my defense. Wouldn’t have expected it, but -- but I -- but I -- I thank you. Right. Yeah. He knows how to make a long debate longer. Thank -- thank you, Leader. And -- and, Senator Dahl, thank you for your comments. And -- and all of you. I mean, what we’re having here is -- is -- is really just a bunch of frustrated folks who just want to do the best for the people who sent us down here to serve. I can hear the passion in all of your voices and it certainly should never be a personal thing. But the truth is that pie that we had years past is nothing but a Pop-Tart this year. You know, there’s -- there’s not much there for anything. But we do have responsibilities to ensure that if we have any money - wherever we can find it - to try to put more dollars into education. We have that responsibility. We have to ensure that we have some more dollars for the roads. We have to take care of those individuals who’s already made their expenditures on their schools to get them up and running. And -- and the thing is, is we need more, not less. We need more. But this isn’t the time for more. This is the time to be responsible and this is what we’ve been hearing this whole year. Let’s be responsible, because our constituents have been saying what we’ve been doing up to now has been irresponsible - irresponsible rhetoric, irresponsible actions by staying down here all the time, irresponsible bickering with the other Chamber, pointing fingers 130 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 downstairs. They call that irresponsible. This budget - and this is just one; we have six -- five more to go -- to do - but collectively what they represent is responsibility - a real budget using real dollars to pay for real problems that we have in our State. So with that and as we go forward, we’re going to be looking at these others, and -- and if we can do more -- we know how this works, we -- if the money starts coming in, we can do a supplemental, we can put some more programs in there. And, you know, I said this, they’re all good programs, but the thing is, is this is all we can afford. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 1103 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 35 Ayes, 21 Nays, none voting Present. Senate Bill 1103, having received the required constitutional majority, is declared passed. We will be skipping down now to Senate Bill 1115. Senator Trotter. Madam Secretary, please read the bill.
Senate Bill 1115. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, to explain your bill.
Thank you very much. Senate Bill 1115 includes 2.9 billion dollars for nine agencies, which are inclusive of the Civil Service Commission, the ICC, Court of Claims, Executive Ethics 131 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Commission, the Executive Inspector General, OMB, Procurement Policy Board, and Illinois Power Agency, and plus IDOT.
PRESIDING OFFICER: (SENATOR LINK) The -- is there any discussion? Senator -- seeing no -- Senator Risinger.
Yes. You know, this includes the IDOT budget. Is that correct, Senator?
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Yes, sir.
PRESIDING OFFICER: (SENATOR LINK) Senator Risinger.
You know, I have worked a lot on the capital budget, as many people have, am concerned about the IDOT budget, concerned about the -- the fact that we haven’t got a supplement for IDOT to keep them moving on the road, but mainly I’m concerned about all the diversions that have taken place from the Road Fund. And, you know, if you take a look at the past dollars that have been used for revenue - Secretary of State and the State Police - we can all understand why there was a need for some of those moneys to be out of the Road Fund, because they’re connected with the road process. But as the roads are in such bad shape as they are today with all the potholes and the bumps and the bad bridges and -- and so forth, it is hard to understand why we continue to divert money from the Road Fund like we do. And, you know, we’ve grown to the -- fact that over the past five 132 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 almost six years now, we diverted an additional two billion dollars over what would have been diverted had we just remained at the -- at the three-hundred-and-seventy-million-dollar level. I -- I’m at a loss at why -- you know, with this nation’s infrastructure, with the failure of the bridge that took place in -- in Minneapolis, why we want to jeopardize our -- our safety of our citizens and why we can’t allow the dollars that the -- that the citizens think ought to go to the road program, why we can’t allow those dollars to go in the right place. It - - it is distressing to me to -- to see that on and on again. I think we need to work in the direction where we do away with those diversions. And I’m going to continue to do that at every turn, whenever I get a chance to do that. And in this case, Senator Trotter, I know that we’re trying to take care of a -- a -- a difficult situation. But, again, it doesn’t seem to me like we’re moving in the direction that we should be going.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, to close.
Sir, thank you very much, and no one could ever question your credentials and then also the -- the knowledge that you have about IDOT. You know, been a -- been a public servant more -- in more than one capacity. And -- and I agree with you. There are no additional diversions of what we haven’t done in the past. You’re correct, we need to move -- be starting to move forward. The -- the bill that you carried and now that -- I’m now signed -- we’re both singed on to will be coming out of this Chamber next week, so we’re moving forward. And just the same line, it’s -- it’s -- it may not seem like it’s -- it’s a 133 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 lot, but we are trying to make that -- that difference. So, thank you for your remarks. And I -- I just ask for Aye votes, sir.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 1115 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 34 Ayes, 20 Nays, none voting Present. Senate Bill 1115, having received the required constitutional majority, is declared passed. Senator Halvorson, for what purpose do you rise?
Thank you, Mr. President. But I was pushing the button and it never went off. So I want to be -- Aye.
PRESIDING OFFICER: (SENATOR LINK) Your -- your vote will be -- the record shall indicate your preference. Terry Martin and Illinois Channel seek permission to videotape the recordings {sic}. Seeking -- is -- seeing no objection, leave is granted. Senate Bill 1116. Senator Schoenberg. Senator Schoenberg seeks leave of the Body to return Senate Bill 1116 to the Order of 2nd Reading for purposes of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1116. Madam Secretary, are there any amendments approved for consideration? Senator Schoenberg.
Thank you, Mr. President. I think the paperwork has been submitted to transfer sponsorship of this bill to Senator Trotter, so I’ll defer to him. 134 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008
PRESIDING OFFICER: (SENATOR LINK) Thank you, Senator Schoenberg. Senator Trotter, for your amendment.
Thank -- thank you very much. Floor Amendment No. 1 to Senate Bill 1116 appropriates…
PRESIDING OFFICER: (SENATOR LINK) Excuse me, Senator Trotter. Madam Secretary, can you read Amendment 2?
Yes. Floor Amendment No. 2, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, on Floor Amendment 2.
Two is just a technical amendment to the Attorney General’s budget.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter moves the adoption of Amendment 2 to Senate Bill 1116. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. All -- are there any other further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1116. Madam Secretary, please read the bill.
Senate Bill 1116. (Secretary reads title of bill) 135 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Thank you very much, Mr. President and Members of the Senate. Senate Bill 1116, as amended, appropriates funds to the following agencies for Fiscal Year ’09. They are the Department of Agriculture, Department of Natural Resources, Environmental Protection Agency, legislative agencies, constitutional officers, the General Assembly, the Legislative Ethics Commission, the Legislative Inspector General, the State’s Attorneys Appellate Prosecutor, and the State’s Appellate Defender. Just to be noted, that of the constitutional officers, there’s been an increase of over two percent on all operational lines; and on the General Assembly and Legislative Commissions, they are flat at ‘08 level, which means that there are no pay raises that have been put into this budget. Agriculture is funded back to the ‘08 level and has added back the 4-H Youth Educators Program.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Leader Watson.
Thank you, Mr. President. I see where the Department of Natural Resources’ budget has been increased. If -- if there’s one agency over the last six years that has really been hammered by this administration, it’s the Department. And, as I must say again, those who enable him - Senate Democrats, House Democrats - that that agency, the Department of Natural Resources, is -- is -- really has been hurting. Those of us that have State 136 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 parks in our area, many of which even pay for themselves by the people who come to this State from outside of Illinois, who travel here and enjoy our State parks -- we have wonderful facilities. The -- the -- the people who work there, they -- they’ve been limited so much; they don’t have the security in some State parks, they don’t have the ability to mow grass, and they’re actually talking about even shutting down some. And -- and, to me, that’s a real travesty, because -- that’s one of the things -- tourism is the number two -- besides agriculture - agriculture is number -- is number one - tourism’s number two, as far as an economic engine driving this State for revenue. And we’ve continually hammered the Department of Natural Resources and their budget over the years to put them in a position where they are not necessarily an enhancement for tourism. And I think that’s -- that’s a terrible situation, unfortunate. I -- I applaud those people who are out there in the State parks who work every day to try to make it the best they can. But, over the last five years, it’s been deplorable what’s happened. And I think that somebody -- has to fall at somebody’s feet and, once again, it’s going to fall at the feet of the Governor and those who enable him. And I can’t help but say it, Senator Trotter, you’ve been the sponsor of these budgets over the last five, six years; this is laid at your feet also. So, I think it’s too bad, but this is what -- what it is and that’s a matter of priorities. When you talk about priorities, this isn’t one ‘em - Department of Natural Resources is not one ‘em - of your side of the aisle or the Governor’s Office. Thank you.
PRESIDING OFFICER: (SENATOR LINK) 137 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Senator Sullivan.
Thank you, Mr. President. To the bill: Just wanted to talk a little bit about some of the fights that we have had over the last year with regard to the Department of Agriculture. And I -- I want to compliment the sponsor, Senator Trotter, for working to -- although there’s not really any extensive increases in funding to the Department of Ag, there -- we have seen level funding with regard to the cooperative extension; the soil and water conservation districts, which we worked very hard to reinstate that money in this ’08 year, that is at level funding; the C-FAR program, also at level funding; the 4-H Youth Educators, which were vetoed out of the budget last year, we -- we put that money back in, in the tune of 1.659 and the county board match. I know we’re in some very difficult times. Previous speaker spoke about the Department of Natural Resources and the challenges that we’ve had there as well. There was even a -- some talk about moving the surveys from -- from the Department of Natural Resources to another agency. We -- my concerns with regard to that is a further depletion of the Department of Natural Resources. I don’t want to see that. And I just want to thank you for your efforts in -- in regard to that.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, to close.
Thank you very much. Just a -- the one thing, in putting more dollars in there, we did increase their budget by 8.3 million dollars over last year, 6.6 of that which is new GRF. 138 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 So, we are trying to make a -- a concerted effort to do what we can, make a -- a bad situation a little bit better. And I just ask for a Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 1116 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 35 Ayes, 19 Nays, no voting Present. Senate Bill 1116, having received the required constitutional majority, is declared passed. Senator Lauzen, for what purpose do you rise?
Thank you, Mr. President. Inadvertently, when I pressed the No, it didn’t go off, and so I’d like the record to reflect my intention to vote No.
PRESIDING OFFICER: (SENATOR LINK) The record shall reflect your intention. With leave of the Body, we will go to Senate Bill 1129. Madam Secretary, please read the bill.
Senate Bill 1129. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter.
Thank -- thank you very much again, Mr. President, Members of the Senate. Senate Bill 1129 contains 51.8 million dollars for nine agencies of which are -- the two largest are the 139 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Capital Development Board and the Illinois Workers Comp Commission. In total, this bill includes approximately 1.5- million-dollar increase over FY’08. Most of the nine agencies are relatively flat and the increases are for -- for all practical purposes, for personal services and operations in the nine agencies. Those nine agencies are Capital Development Board, the Drycleaner Environmental Response Trust Fund Council, the East St. Louis Financial Authority, the -- the Illinois Workers’ Compensation Commission, the State Universities Civil Service System, the Illinois Labor Relations Board, the Southwestern Illinois Development Authority, and the Upper Illinois River Valley Development Authority.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 1129 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 34 Ayes, 18 Nays, 1 voting Present. Senate Bill 1129, having received the required constitutional majority, is declared passed. Senate Bill 1130. Madam Secretary, please read the bill.
Senate Bill 1130. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Sponsorship has been changed from Senator Hunter to Senator Trotter. Senator Trotter, on -- Senate Bill 1130.
140 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Thank you very much. For those who are still with me, this is the last piece for our budget for ‘09, which will give us twenty-nine billion dollars in General Revenue funds to expend on the various agencies and commissions in this State. This bill essentially is for the universities. It -- they all will receive a 2.8 percent increase over their ‘08 levels. Lincoln’s Challenge is funded at the ‘08 level of 9.4 million. The Arts Council, which was zeroed out or vetoed out by the Governor, has been partially restored with 20.2 million dollars. And, as I said, essentially this is for all the universities, Department of Employment Security, Department of Military Affairs, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northern Illinois University, Northeastern Illinois University, Southern Illinois University, University of Illinois, Western Illinois University, Math -- Illinois Math and Science Academy, Department of Central Management Services, the Board of Higher Education, Illinois Student Assistance Commission, the Illinois Community College Board, and lastly the Illinois Arts Council.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 1130 pass. All those in favor will say 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 35 Ayes, 19 Nays, none voting Present. Senate Bill 1130, having received the required constitutional majority, is declared passed. Madam Secretary, Communications.
141 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Yes. I have a letter dated May 23rd, 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 Legislative Measures: All House Bills on the Order of 3rd Reading on the May 23rd, 2008 Senate Calendar, along with House Bills 773 and 5195. Sincerely, Emil Jones, Jr., Senate President.
PRESIDING OFFICER: (SENATOR LINK) We will now proceed to the Order of Resolution Consent Calendar. With leave of the Body, all 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 LINK) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The motion is carried. Resolutions are adopted. Madam Secretary, Messages.
I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following -- the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 134. 142 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 161st Legislative Day 5/23/2008 Offered by Senator Martinez. (Secretary reads HJR No. 134) Adopted -- adopted by the House, May 22nd, 2008. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR LINK) On behalf -- on behalf of President Jones, he wishes everybody a very happy and safe Memorial Day weekend. And Senator Martinez moves to suspend the rules for the purpose of immediate consideration and the adoption of House -- House Joint Resolution 134. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The rules are suspended. Senator Martinez now moves the adoption of House Joint Resolution 134. All those in favor, say Aye. Opposed, Nay. The Ayes have it. House Joint Resolution 134 is adopted. Pursuant to House Joint Resolution 134, the Senate stands adjourned until 2 p.m. on Tuesday, May 27th, 2008. The Senate stands adjourned. 143