Illinois Senate Floor Debate — May 27, 2008

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, the regular Session of the 95th General Assembly will please come to order. Senator Hunter.

Mr. President, I move to postpone the reading and approval of the Journal of Friday, May 23rd, 2008, pending arrival of the printed transcripts.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Senator Haine, for what purpose you seeking recognition, sir?

Mr. President, a point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

I have two points. Mr. President, I just want to say that after nineteen Special Sessions, with you in the President’s Chair, every Session is special. That’s my first point. Thank you. My second point, Mr. President, I wish to introduce my Page for a Day, Daniel Draper. A young man who -- who is from Alton, Illinois, and his family, Jim Lynch and Melissa Draper, who are behind the President’s -- in the President’s Gallery right behind the Chair. And I would ask the Senate to give them a warm Illinois Senate welcome.

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests please rise and be recognized? And a warm Senate welcome. Welcome to Springfield. Senator Althoff, are 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 you seeking recognition, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) …your point.

PRESIDING OFFICER: (SENATOR DeLEO) Yes, but I missed Springfield tremendously.

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Welcome to Springfield. Welcome to the Illinois State Senate. Senator Bivins, for what purpose you seek recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir. 2  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008

PRESIDING OFFICER: (SENATOR DeLEO) Welcome to the Illinois State Senate. Welcome to Springfield. Senator Radogno, are you seeking recognition, ma’am?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.

PRESIDING OFFICER: (SENATOR DeLEO) Would our esteemed colleague please rise and be recognized? Very happy birthday to you, Senator. Thank you for allowing the General Assembly to be off on your birthday. Thank you very, very much. Senator Forby, are you seeking recognition, sir?

Yes, I am. A point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) 3  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 State your point, sir.

Today I have a very beautiful young gal. She’s going to be the Page for me today. Her grandma works for me in my office, Debbie {sic} (Bobbie). And today, she is going to be the Page today. Will you give her a warm welcome?

PRESIDING OFFICER: (SENATOR DeLEO) Welcome. Welcome to Springfield. Welcome. The big tippers are on this side. The big tippers… Senator Noland, for what purpose do you rise, sir?

Thank you, Mr. Chair. Point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point.

Thank you. It is my honor and privilege to introduce to the Senate, and I’m asking you for a warm -- for a warm Senate welcome for Alexa and Kayla Agoranos. Their parents, Sophia and Pete, are in the gallery just -- just behind the President’s chair. Alexa just -- just won first place in a second grade art contest in School District 300. And Kayla just won second place statewide in a balance beam competition in gymnastics. They are both stellar -- gymnasts, excuse me. Alexa wants to be a scientist and Kayla wants to be an artist when she grows up. Please welcome them to the Senate. Thank you very much.

PRESIDING OFFICER: (SENATOR DeLEO) Welcome. Would our guests in the galleries please rise? And our two special Pages, congratulations and welcome to Springfield. Mr. Secretary, Resolutions, please. 4  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008

PRESIDING OFFICER: (SENATOR DeLEO) Resolutions Consent Calendar. Mr. Secretary, Messages, please.

PRESIDING OFFICER: (SENATOR DeLEO) WTTW and -- seeking leave of the Body to videotape the proceedings. Seeing no objection, so ordered. WAND Television, here in Springfield {sic}, also seeking leave of the Body to videotape the proceedings. Seeing no objection, leave is granted. Okay, Ladies and Gentlemen, if I could have your attention, please. We’re going to House Bills 3rd Reading. 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Final passage. I’d ask you to turn to page 17 of your printed Calendar. With leave of the Body, we will be going to House Bills 3rd Reading. We’re going to the top of page 17. Senator Bivins, on 5653, sir. Senator Bivins, on 5653. I believe the Senator is seeking leave of the Body to return House Bill 5653 to the Order of 2nd Reading for the purposes of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now, on the Order of 2nd Reading is House Bill 5653. Mr. Secretary, has there been any amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Bivins, to explain your amendment, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Senator Bivins moves the adoption of Floor Amendment No. 1 to House Bill 5653. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 5653. Senator Bivins, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Bivins, to the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5653 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. House Bill 5653, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, could I have a -- could I have a moment, please? Senator Bivins. Senator Bivins. Senator, on behalf of the entire General Assembly, we would like to extend our extreme condolences on your recent loss in your family. 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 We’re very, very sorry, sir. Okay, Ladies and Gentlemen, leave of the Body, we will go back to House Bills 3rd Reading. We will go to the middle of page -- the top of page 13. Ladies and Gentlemen, House Bills 3rd Reading. On the top of page 13 is House Bill 4583. Senator Link. Senator Link, are you seeking leave of the Body to -- to return this back to the Order of 2nd Reading for purpose of an amendment? Is that correct, sir? Actually, the purposes of amendments. Okay, Senator Link seeks leave of the Body to return House Bill 4583 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 4583. Mr. Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Link, to explain the amendment, sir.

Thank -- thank you, Mr. President. This is a worked -- work agreement amendment with non-for-profits and the Department of Labor. I know of no -- of opposition to the amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Seeing none, Senator Link moves the adoption of Floor Amendment No. 1 to House Bill 4583. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Has there been any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Link, on Amendment No. 2, sir.

Yes. Mr. President, 2 just changes some other things with Department of Labor and becomes the bill. Explain it on final reading.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the -- to the amendment? Is there any discussion? Seeing none, Senator Link moves the adoption of Floor Amendment No. 2 to -- to House Bill 4583. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 4583. Senator Link, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Link, to the bill, sir.

9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Thank you, Mr. President. This bill, as amended, defines “day camp” as a seasonal recreation program in operation no more than sixteen weeks throughout a calendar year, accommodating for profit or under charitable aspects {sic} (auspices), and serving five or more children under -- under eighteen years of age, not including overnight programs. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 4583 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 Ayes, 0 voting Nay, 0 voting Present. House Bill 4583, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 4588. Senator Sullivan, do you wish to proceed? Indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan, to the bill, sir.

Thank you, Mr. President. House Bill 4588 allows the municipal officers electoral boards, township officials electoral boards and education officers electoral boards to meet 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 where the city council, township board, school board or community college board would hold their regular meetings. I request an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 4588 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. House Bill 4588, having received the required constitutional majority, is declared passed. Senator Haine. Senator Haine, on House Bill 4602, sir. Senator Haine, on 4602. Senator Haine seeks leave of the Body to return House Bill 4602 to -- back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 4602. Mr. Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, to Amendment No. 2, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4602, as introduced, requires coverage -- insurance coverage for a federally approved shingles vaccine. But we added a -- an -- an amendment here which amends the State Mandate {sic} (Mandates) Act to require implementation without 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 State reimbursement, which obviously we can’t afford to do. It’s a small sum, but -- there’s no opposition to this.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Seeing none, Senator Haine moves the adoption of Floor Amendment No. 2 to House Bill 4602. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, has there been any Floor amendments -- further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the -- Order of 3rd Reading, Senator Haine, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, to the bill, sir.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This adds shingles vaccine. Shingles is a growing problem, particularly among those over sixty years of age, which includes, of course, me and others. This reduces the cost -- if it’s spread over many different insureds through groups, the cost is manageable by these groups. There was no opposition to 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 this bill. This was suggested to my Representative by a doctor in Alton and it seems to be a -- a very good idea.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 4602 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. House Bill 4602, having received the required constitutional majority, is declared passed. House Bill 4605. Senator Sullivan. Senator Sullivan, you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan, to the bill, sir.

Thank you, Mr. President and Members of the Senate. House Bill 4605 defines “cool weather grasses”. It outlines labeling requirements for its packaging and it extends the “sell by” date. These are -- these changes are required for it to comply with federal recommendations.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 4605 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 Ayes, 0 voting No, 0 voting Present. House Bill 4605, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 4622. Senator Meeks. Senator James Meeks. Senator James Meeks, on 4622, sir. Out of the record. Senator Raoul, on 4628. House Bill 4628. Do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Raoul, to the bill, sir.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4628 is a collaborative bill that’s supported by Cook County State’s Attorney’s Office, City of Chicago, and the National Rifle Association. House Bill 4628 requires that when an adult sells a handgun or firearm to a minor who does not possess a FOID Card, the adult selling the gun will be fined and imprisoned at a -- maximum sentences equal to that that the minor could be culpable for.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 4628 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. House Bill 4628, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 4675. Senator Althoff. Do you wish to proceed? The lady’s seeking leave of the Body to return House Bill 4675 back to the Order of 2nd Reading for the purpose of an amendment. Is that correct? That’s correct. Mr. Secretary, now on the Order of 2nd Reading is House Bill 4675. Has there been any amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Althoff, to the amendment, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the amendment? Seeing none, all those in favor -- all those… All those in favor of Floor Amendment No. 1 will say Aye. All those opposed 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 will say Nay. And the Ayes have it. The amendment is adopted. Mr. Secretary, has there been any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 4675. Do you wish to proceed? The sponsor indicates she wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator, to the bill, ma’am.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 4675 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. House Bill 4675, 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading is House Bill 4683. Senator Noland, do you wish to proceed? Senator Noland, first, I think -- Senator Noland is seeking leave of the Body to return House Bill 4683 back to 2nd Reading for the purpose of an amendment. Is that correct, sir? Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 4683. Mr. Secretary, has there been any amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland, to the amendment, sir.

Thank you, Mr. President. The bill itself creates the Fire and Life Safety Device Act. The amendment makes it so that this Act does not apply to sworn law enforcement in the furtherance of a legitimate criminal investigation. And I’ll present the bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Senator Noland seeks -- moves the adoption of Floor Amendment No. 1 to House Bill 4683. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 17  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 4683. Senator Noland, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Noland, to the bill, sir.

Thank you, once again, Mr. President. House Bill 4683 creates the Fire and Life Safety Act {sic}. It prohibits that a device that appears to be a smoke detector not -- that it appears also to be a sprinkler head, carbon monoxide alarm or a heat detector, but does not function -- one. It -- it prohibits those such devices. As I stated before, this Act does not apply to sworn law enforcement in the furtherance of legitimate -- criminal investigation. I know of no opposition. Ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 4683 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 4683, having received the required constitutional majority, is 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 declared passed. Senator Kirk Dillard, on House Bill 4736, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Dillard, to the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 4736 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 4736, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading, we will go to 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 the top of page 14. On the top of page 14 is Senator Garrett. Senator Garrett, I believe you’re seeking leave of the Body to return House Bill 4754 back to the Order of 2nd Reading for the purposes of an amendment. Is that correct, ma’am? Seeing no objection, leave is granted. Mr. Secretary, has there been any amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett, to explain Amendment No. 2, ma’am.

Yes, Mr. Speaker -- I mean, Mr. President. Really what this amendment does is it’s a -- a technical amendment to make sure that the person going through the grade crossing is the driver of the car and not the owner of the car.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing no -- Senator Garrett moves the adoption of Floor Amendment No. 2 to House Bill 4754. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Has there been any further Floor amendments approved for consideration, Mr. Secretary?

PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4754. Senator Garrett, do you wish to proceed, ma’am? She indicates she does. Mr. Secretary, read the lady’s bill. 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008

PRESIDING OFFICER: (SENATOR DeLEO) Senator Garrett, to the bill, ma’am.

Yes. Thank you again, Mr. President. House Bill 4754 imposes penalties on those who obstruct traffic and pedestrians, as well as those who obstruct trains and other railroad equipment. The bill increases the penalty by requiring license suspensions, in addition to the fine or community service, and allows the Secretary of State to restrict driving privileges and to require attendance for driving programs.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 4754 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 4754, having received the required constitutional majority, is declared passed. House Bills 3rd Reading. House Bill 4869. Senator Dillard, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Dillard, to the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Is there any -- Senator Cullerton. Senator John Cullerton, are you seeking recognition on this matter?

I can’t see you, Senator. Where are you? Oh, hi. How you doing?

PRESIDING OFFICER: (SENATOR DeLEO) Hi, Senator. Please stand up. 22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008

Yes, how you doing? How you doing? I -- I wanted to speak in favor of this bill. This is a bill that we had hearings out in DuPage County on last year. We worked with the Trial Lawyers. It was very revealing. These county health -- these doctors out in the collar counties are providing services for poor people. They’re doing a great job. And the Trial Lawyers did a very good job in working through the issues with the -- the sponsor. I think it’s an excellent bill to support. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Dillard, to close, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, Ladies and Gentlemen, the question is, shall House Bill 4869 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who 23  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 4869, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading. On House Bill 4879, Senator Martinez. Senator Iris Martinez. Out of the record. Senator Harmon, on House Bill 4890, sir. Out of the record. Senator Harmon, on 5038, sir. Out of the record. Senator Raoul, on 5069. 5069. Out of the record, sir. Senator John Cullerton, on 5076, sir. I believe Senator Cullerton is seeking leave of the Body to return House Bill 5076 back to the Order of 2nd Reading for the purpose of amendment. Is that correct, sir? Seeing no objection, leave is granted. Mr. Secretary, has there been any -- now on the Order of 2nd Reading is House Bill 5076. Has there been any amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to the amendment, sir.

I don’t wish to adopt that amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Did -- so you -- Senator Cullerton moves to table Amendment No. -- withdraw it. So, the sponsor has indicated Floor Amendment No. 1 has been withdrawn. Mr. Secretary, has there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR DeLEO) 24  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 5076. Senator Cullerton, do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to the bill, sir.

Thank you, Mr. President, Members of the Senate. This is an initiative of the American Society for Prevention of Cruelty to Animals and the Illinois Humane Society. It’s patterned after what eighteen states have adopted since -- in the aftermath of Hurricane Katrina. The -- it provides good Samaritan provisions to protect individuals who rescue animals during a disaster or an emergency. And of course, it excludes willful or wanton conduct. And the Trial Lawyers have been notified of the bill. They have no objection to it. Be happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on this? Leader Watson, are you seeking recognition on this bill, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton. 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008

No.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

No. Senator, this is a clean bill. It’s identical to -- as it -- the way it passed out of the House 110 to nothing. There was an amendment that was offered that had to do with double-deckers. That was withdrawn. There -- because there was no agreement on the double-decker language. So, this is just a straight bill dealing with the humane care for animals.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Further discussion? Senator John Sullivan, are you seeking recognition on this bill, sir?

Yes, Mr. President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question while he shakes his head no.

Just as a follow-up to the previous speaker, Senator Cullerton. This is the bill that was before the Ag Committee - 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 is that correct? - originally.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Yes.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan.

And so you’re saying that the bill now does not -- and I apologize for not having time to look the bill over, but the bill does not now deal with the transport of horses. Is that correct?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

That’s correct. It has nothing to do with the transport of horses.

PRESIDING OFFICER: (SENATOR DeLEO) Further question. Senator Sullivan.

Just real quickly, would you explain just briefly again -- and I apologize again for -- I wasn’t -- I was distracted, but would you explain again for the Members exactly what the bill does?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Sure. This is patterned after -- it’s like a Good Samaritan Act for people who rescue animals during disasters. 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 It came about in the aftermath of Hurricane Katrina, because there were a number of animals that were injured and abandoned. Eighteen states have passed it. Has the support of the -- or, the neutrality, if you will, of the Trial Lawyers, and exempts conduct, of course, that’s willful and wanton. But otherwise it gives people immunity if they are -- are trying to treat animals during a disaster. Has nothing to do with the double-decker horse trailers.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs, are you seeking recognition on this bill, sir? Okay, seeing no further discussion, Senator Cullerton, to close, sir.

No. There -- yeah. There -- I’m getting questions from the side here. There’s no opposition to this bill from anywhere. So I’d appreciate it if you’d vote Aye.

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, the question is, shall House Bill 5076 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 5076, having received the required constitutional majority, is declared passed. Senator Sandoval, are you seeking recognition, sir? For what purpose do you rise?

Yes, Mr. President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Please state your point, sir.

Thank you, Mr. President. Today I have the great honor and I’d like my colleagues of the Illinois Senate to welcome some -- some of my friends from the State of Guanajuato. The State of Guanajuato is home of former President Vicente Fox. These businessmen are here -- or, these public officials are here visiting the State of Illinois, looking to develop the business relationships that we already have with the State of Illinois. I’d like a warm welcome for Manuel Flores -- Manuel Fernandez and Rafael Almada from the Secretary of Commerce and Economic Development in the State of Guanajuato. Please give them a warm welcome.

PRESIDING OFFICER: (SENATOR DeLEO) Welcome -- welcome to the Illinois State Senate. Welcome to Springfield, Illinois. Okay, Ladies and Gentlemen, continuing on House Bills 3rd Reading near the bottom of page 14. Senator Demuzio. Senator Demuzio. 5077. Out of the record. Senator Demuzio, on 5088. Out of the record. Senator Murphy, on 5101. Do you wish to have your bill considered? He indicates he does. Mr. Secretary, please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Murphy, on the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5101 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. House Bill 5101, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading on the top of page 15 in your Calendar comes House Bill 5120. Senator Link, do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Link, to the bill, sir.

30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Thank you, Mr. President. This amends the Downstate Teachers Article of the Illinois Pension Code. It removes the language that renders individuals over the age of eighteen who are adjudged to be disabled persons under specified provisions of the Probate Act of 1975. I know of no opposition. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Brady, for what purpose you rise?

PRESIDING OFFICER: (SENATOR DeLEO) Is there any further discussion? Any further discussion? Senator Link, to close.

Just ask for a affirmative vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 5120 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5120, having received the required constitutional majority, is declared passed. House Bills 3rd Reading. House Bill 5121. Senator Righter. Senator Dale Righter, do you wish to proceed, sir? Senator Righter? Out of the record. Senator Lightford, on House Bill 5141, ma’am. Out of the record. Senator Collins, 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 on 5148, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Mr. Secretary, please read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Collins, to the bill, ma’am.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 5148 basically permits a court to grant an extension of a plenary order of protection to remain in effect until the order of protection is vacated or modified. This is a proposal -- initiative of the Illinois Coalition Against Domestic Violence. I would appreciate any support, or ask {sic} any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and -- Senator Garrett, to this issue? Seeing no discussion on House Bill 5148, the question is, shall House Bill 5148 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 5148, having received the required constitutional majority, is declared passed. Senator Garrett, for what purpose you seek recognition, ma’am?

32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Thank you very much, Mr. President. If you could let the record reflect that I did not vote on House Bill 5120. Let the record reflect that I would have voted Yes.

PRESIDING OFFICER: (SENATOR DeLEO) Record will so reflect. Senator Haine, on House Bill 5159, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, please read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, to the bill, sir.

Yes, Mr. President, Ladies and Gentlemen of the Senate, the bill, as currently amended on the Floor, does two -- two things. As you know -- as the Senate knows, some years ago the General Assembly specifically authorized guidelines and policies to be adopted by the railroad police. Railroad police departments are an old and venerable part of our railroad system. Personally, anecdotally, as State’s Attorney, I worked well with the -- with the railroad police in my county, which had extensive miles of - - of track. However, the Illinois General Assembly authorized these police departments only if they adopted policies and guidelines for initiating employee investigations. And they -- and these policies were to be clearly set forth, including an internal policy that includes procedures to ensure objective oversight. This bill does two things to this authorization. It -- it allows and authorizes and mandates the Illinois Law 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Enforcement Training Standards Board to make these policies of the railroads available for public inspection and shall review the policies and guidelines and approve them if they comply with the Act. Secondly, it authorizes a complainant - someone who’s adversely affected or aggrieved by a decision of a rail carrier’s internal investigation - to take the matter up and have the State Police review the depth, completeness, and objectivity of the rail carrier’s investigation. The State Police may uphold the investigation or not in their sole discretion. If they find that there has been grounds for the grievance to be filed or the complaint, they shall turn the matter over to the ICC and the ICC may conduct further evidentiary hearings, make findings, and -- and -- and -- and other things. So I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Bomke, for what purpose you seek recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor -- sponsor indicates he’ll yield for a question, sir. Senator.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.

I -- I don’t know if I can adequately explain their opposition, Senator. I appreciate the -- the question. One grounds for their opposition is that it’s unnecessary. They take care of these matters in the ordinary course of events. However, the United Transportation Union strongly disagrees with that and they desire to have a -- a system where a third party may look at the State Police investigation. And so that’s the nub of one disagreement. Again, anecdotally, when I was State’s Attorney, when local departments had a question of the internal of the conduct of one of its officers, we would encourage and the local chiefs would usually go out and get the State Police to come in and review it as an objective third party. And that’s kind of what is in this -- this bill. The second reason that the railroads have articulated to me is that they believe it is a -- a federally preempted area. And I must say, I -- I don’t practice law before the United States tribunals in the District of Columbia. But I was given, by a railroad union lawyer who practices federally, copies of the -- of the Federal Railroad Administration rules and regs in which it defines a railroad police officer as a peace officer who -- who is commissioned in his or her state and is employed by the railroad to enforce state laws for the protection of railroad property, personnel, passengers. And it goes on to define them as commissioned - meaning that a state official has certified or otherwise designated a railroad employee as qualified under the 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 licensing requirements. So, it seems to me, if Illinois has the right and the authority and even the duty to commission these officers, then this -- this proposed bill should be within the guidelines of that authority. But, again, I’m -- I caution you, I -- I’m -- I don’t practice in the D.C. circuit.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Millner.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Syverson, are you seeking recognition on this matter, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.

Senator, that’s a good question. And I don’t know. I -- I do -- I do know that it -- it appears to me to be reasonable, irrespective of the incidents, to have a review of a private police department, which is commissioned and sanctioned by the State, to have the ability to review some of their activities. It doesn’t seem to be unreasonable to me not to leave it up to 37  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 collective bargaining, but to have a mechanism to decertify an officer, perhaps, or to have an investigation of the railroad’s use of the officers by the ICC. And the only entity to do that is the State Police. Again, this is in their sole discretion. If they don’t find the complaint meritorious, they dump it. But, again, I -- I mean, I don’t know -- but I -- just apart from those incidents, I don’t know what’s wrong with the -- a mechanism of the State Police reviewing some of these complaints from the railroad police. I mean, the railroads have had -- railroad police have been around as long as -- there was a TV show, I think, about railroad police, wasn’t there? The train chugging in the distance and coming at you. “Matt Clark, Railroad Detective”, Senator Maloney tells me. So, that’s of a child of the fifties. I’m getting a lot of comments by younger Senators over here. They don’t remember this. But -- but… Thank you, Mr. President. The railroad police, my point is, have had a long venerable history with the railroads, but they’re railroad police and they -- again, they worked well with my office when I was State’s attorney. But there isn’t -- the - - the -- the -- the federal regulations, which I’ve cited to you, authorize the State to commission them and to train them, which we -- we do. They’re trained and certified by the -- our -- our standards and training board. So, I don’t know what is out of sync, with what the bill is doing, with that statutory scheme or the regulatory scheme.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, to close. Seeing no further discussion, Senator Haine, to close, sir.

Thank you, Mr. President, for your graciousness. And I would ask for an Aye vote, because it -- it is a reasonable exercise of the State regulatory power over quasi-public police. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 5159 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Secretary, take the record. On that question, there are 35 Ayes, 17 Nays, 0 voting Present. House Bill 5159, having received the required constitutional majority, is declared passed. Senator Collins, on House Bill 5192, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Mr. Secretary, read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Collins, to the bill, ma’am.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 5192 seeks to improve State health care programs with respect to mammography and breast cancer treatment. Additionally, House Bill 5192 makes provisions for breast cancer patients’ access to pain relief and reduces financial barriers to mammography. This legislative initiative was a recommendation of the Metropolitan Chicago Breast Cancer Task Force. I would appreciate your support.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5192 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 5192, having received the required constitutional majority, is 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 declared passed. House Bill 5196. Senator James Clayborne. Do you wish to proceed, sir? He indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne, to the bill, sir.

Thank you, Mr. President and Members of the Senate. House Bill 5196 provides for a stipend of sixty-five hundred dollars to only the county elected auditors. There are about seventeen of them. And the purpose is based upon the fact that they do have to provide audits of State funds, as well as to provide financial statements to the Comptroller, based upon State funds that they’ve received. I would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Rutherford, for what purpose do you rise, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine. Senator Haine. 41  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

Not that I know of, Senator Rutherford.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne.

No. This is only for elected auditors.

PRESIDING OFFICER: (SENATOR DeLEO) Is there any further discussion? Seeing no further discussion, Senator Clayborne, to close, sir.

I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 5196 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 42 Ayes, 0 voting Nay, 0 voting Present. House -- excuse me. Correction. There’s 42 Ayes, 0 -- 7 voting Nay, 0 voting 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Present. House Bill 5196 having received the required constitutional majority, is declared passed. House Bill 5204. With leave of the Body, we’ll return to that later. House Bill 5238. Senator Martinez. How are you today? Do you wish to proceed, ma’am? She indicates she wishes to proceed. Mr. Secretary, please read the lady’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez, to the bill, ma’am.

Thank you, Mr. President. It’s always a pleasure to see you, too. House Bill 5238 amends the Housing Authority {sic} (Authorities) Act to provide for housing authorities located in municipalities with a population in the excess of one million, like Chicago, to be able to participate as a partner or member of a business arrangement with a for-profit or non-for-profit developer. Again, this bill is a good housing bill. It brings more incentive as far as being a part of the affordable housing that’s going out there. This bill is supported by Chicago Housing Authority, City of Chicago and the Illinois Housing Action. There is no opposition to this bill and I’ll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5238 pass. All those in favor, vote Aye. All those opposed will vote Nay. The 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 5238, having received the required constitutional majority, is declared passed. Senator Steans, for what purpose are you seeking recognition, ma’am?

Yes. Just wanted to be noted as a Yes vote on House Bill 5101. I had intended to vote Yes.

PRESIDING OFFICER: (SENATOR DeLEO) Record will so reflect your intentions, ma’am. Okay, Ladies and Gentlemen, continuing on House Bills 3rd Reading, we will go to page 16 of your printed Calendar. On the top of page 16 of the printed Calendar, Senator Delgado on House Bill 5251, sir. Do you wish to proceed? The gentleman indicates he wishes to proceed. Mr. Secretary, read the gentleman’s bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Delgado, to the bill, sir.

Thank you, Mr. President, Members of the Senate. House Bill 5251 expands the health benefits for workers with disabilities program to include persons with a -- medically improved disability, subject to federal approval. And we have no opposition to this legislation and I would ask for your Aye vote. 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no discussion, Ladies and Gentlemen, the question is, shall House Bill 5251 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 5251, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading, House Bill 5288. Senator John Cullerton. Senator John Cullerton seeks leave of the Body to return House Bill 5288 back to the Order of 2nd Reading for the purposes of an amendment. Is that correct, sir? Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5288. Mr. Secretary, has there been any amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to the amendment, sir.

Thank you, Mr. President, Members of the Senate. Actually, Mr. President, Floor Amendment No. 2 was inaccurately drafted and I need to table No. 2, I believe, and then adopt No. 3 and 5.

PRESIDING OFFICER: (SENATOR DeLEO) Senator, just give us one moment, please. We just need to… Okay, Senator Cullerton, Floor Amendment No. 2 was adopted in 45  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 committee. So, Senator -- so it was a committee amendment. So, Senator Cullerton moves that Floor -- Committee Amendment No. 2 be tabled. That motion, of course, is always in order. Those in favor will say Aye. Those opposed will say Nay. The Ayes have it, and Committee Amendment No. 2 is tabled, sir. Now we will proceed to committee -- Floor Amendment No. 3. Senator Cullerton, on Floor Amendment No. 3, sir.

Thank you, Mr. President. This amendment removes Champaign and Vermilion counties from the provisions of the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. All those in favor of Floor Amendment No. 3 will say Aye. All those opposed will say Nay. The Ayes have it. Floor Amendment No. 3 is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson, to Floor Amendment No. 5 to House Bill 5288, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Syverson defers to Senator Cullerton to explain Floor Amendment No. 5.

Yes. Yes. Thank you, Mr. President. Senator Syverson did 46  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 draft this amendment. Was not able to be in the committee when it was adopted, so I’d like to adopt it. But I would indicate on 3rd Reading, of course, that this was his amendment. This retains the bill and adds some protections for statewide red light camera at certain intersections. And we can explain that on 3rd Reading after the amendment’s adopted. So, at this time, I would move for the adoption of the amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, the gentleman has asked for the adoption of Floor Amendment No. 5. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. Floor Amendment No. 5 is adopted. Mr. Secretary, has there been any further Floor amendments approved for consideration, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading comes House Bill 5288. Senator Cullerton, you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to the bill.

Yes. Thank you, Mr. President, Members of the Senate. This bill amends the Act that we passed a few years ago for 47  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 automated traffic law enforcement systems. And basically, these are red light cameras at -- at certain intersections. And what this bill represents is kind of a trade-off. I worked with Senator Syverson on -- on an amendment. The bill, as it passed the House, adds some counties to the program. Because when we passed this, we did not pass it statewide; we limited it to certain counties. So, this bill adds some counties. It adds the counties of DeKalb, LaSalle, McLean, Peoria, Sangamon and Winnebago. At the same time, we are providing protections at two levels. We have protections for motorists from being wrongfully given a ticket. That’s the basic theme of these amendments. And these are important protections for motorists. The first one is that we would require that a yellow light be no shorter than three seconds. We’re -- there’s a concern that some municipalities would doctor the yellow lights so that people wouldn’t even have time to stop at a red light. So that’s in the law. That would be a requirement and that would apply statewide. The second one is very significant. And this amendment would say that the stop bar -- there’s a -- there’s a stop bar that is at any -- every intersection and this bill makes it clear that no person shall receive a ticket unless the entire vehicle crosses the stop bar marked on the pavement when the light turns -- turns red. Now, for the new counties, we go even further. For the new counties, we say that there has to be a high accident rate before a light can go in there. That would be a six-month period that that study would be conducted. And there has to also be a use of strobe lights to see if that cuts down on the -- the -- the accident rate as well. And also, all roads converging at the intersection are controlled by traffic 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 signals mounted on mast arms. So, those are the amendments that were put in. It’s a -- I think it’s a fair trade-off. We provide protections for motorists, but at the same time, we have a -- a system that’s worked to cut down on the fatalities for people getting killed at red lights throughout the State. It’s a little complicated. Be happy to answer any questions, and I appreciate the support and the help of Senator Syverson in drafting the amendment.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Senator Risinger, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR DeLEO) …bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Koehler, for what purpose do you rise?

To the bill, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

Yes, likewise, just to reiterate a little bit of what Senator Risinger said. I commend the sponsor for this. It puts the -- the impetus really where it needs to be and that is that we’re looking at doing something that protects public safety and not generating revenue for counties or municipalities. So I, too, rise to support this -- this bill. It’s -- it’s been a good work in progress, so thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Bomke.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Rutherford, are you seeking recognition on this bill, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Well, when we first passed the bill, we took metropolitan counties, ‘cause there was opposition in rural counties. Senator -- Representative Jefferson initiated this bill. This is a House bill and he passed the bill over here adding certain counties. I assume it was at the request, certainly, of Rockford and Peoria, are the two that I know of. And so that’s -- he -- he passed that bill over here. I took out two counties at the request of the legislators here, and as a result, we have what we have. I would point out, Senator, that in the counties that are authorized to have this, they still have to pass an ordinance that -- that puts it into effect.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon, you seeking recognition on this bill, sir?

Thank you, Mr. President. Well, if I could have 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 everybody’s attention, I want you to at least know what you’re voting for, and then if you want to vote for it, that’s your decision. I love the sponsor. Great guy. Sponsor has a terrible bill. This is an un-American bill. Let me repeat that: This is an un-American bill. If you are a Republican, you certainly should be against this bill. It’s anti-American. It’s anti-American. It’s against our rights as American citizens to live free. It’s against the Constitution of the United States. Now, as a resident of a county that has it, let me tell you how it works in the real world. I got a ticket in the mail saying I was someplace that I never was at. Now, it wasn’t that my wife was -- driving my car, ‘cause she is my ex- wife; she don’t drive my car no more. It wasn’t one of my teenaged kids, ‘cause they’re off to school. But I get this in the mail and they say - in the mail now - not a human being, not a person, but a -- some camera say I ran some light somewhere. I was not there. Guess what happened, you all? I won my appeal in the mail. But I never appealed. Isn’t that mysterious? I get a phony ticket in the mail. Then I win a phony appeal in the mail. What happened, somebody saw, “oh, my God, that’s Rickey Hendon’s license plate.” So they sent me a letter saying, “Ooh, guess what? You won. You won your appeal.” I’m like, “Okay.” They do it all the time. There was a recent story in a paper that doesn’t like me very much, but I’ll give ‘em their props anyway. The recent story in the Chicago Sun- Times, I believe, but maybe it was the Tribune. They had some officers who were supposed to be writing tickets. They were off goofing off. So guess what they did? They just took some plates they already had and assigned some tickets to those 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 people. It is wrong. It is wrong. They took some license plates that they already had from some previous encounter, and it’s very easy to do with these cameras, ‘cause once they got a picture of your plate, they can assign it anyplace and anytime. Now, does the amendment make it a little better? Sure, Senator Syverson tried to make it a little better. But do you actually trust the government? I don’t. I certainly don’t trust the City of Chicago, because I got one in the mail saying I was somewhere where I never was. And then I won in the mail on an appeal that I’d never put in for. This is a bad bill. Now, the -- the people who are carrying this bill came to me about this bill because they know I hate the cameras. And I hate the cameras because we do not live in communist China, we don’t live in Russia, we don’t live in Iraq or Iran. We live in America. This is the United States of America. Land of the free. Home of the brave. This is Big Brother. These cameras are going to be everywhere if my good friend and colleague, Senator Cullerton, is -- is successful. And it’s not for public safety, because when the people came to me about the bill, all they talked about was how much money they could fleece out of the pockets of the citizens of Illinois. How much money they can steal and take from the people of the State of Illinois. It’s all about the money. At a time when our people are suffering with high gas prices and can’t pay their mortgage, now they’re going to start getting tickets in the mail from all over the State. Plus, moving violations should -- should follow the driver and not the vehicle. Now you’re going to be afraid to let anybody drive your car, because you can end up with tickets in the mail. I urge you, don’t go down this Big Brother road; 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 don’t go down this road where the government can spy on us, every little thing you do, every little turn you make, every place you go. In my neighborhood, cameras are everywhere. And the Mayor said this will stop the crime. Well, guess what? We have more shootings and more killings in Chicago right now and there are cameras everywhere. And the only case that the Mayor was able to talk about where the cameras was effective was one guy smoking a joint in his car. They haven’t stopped any of the killing, any of the shooting. Somebody’s making a whole lot of money and that’s what this is all about. The State, for those of you who don’t like the Governor, and I love the Governor, but the State going to get half the money. Some of you who don’t like Rod should just vote against it just for that, because the State gets half the money. This is an effort not by my esteemed colleague Senator Cullerton, because somebody brought it to him, ‘cause they brought it to me. I told ‘em absolutely no way. I live in the United States of America where we are supposed to live free. So think about this vote, because if you vote for this, you’re voting to live under Big Brother. You’re voting to live in a spy society, and I think that’s wrong. I urge a large No vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Maloney, to…

Thank you, Mr. President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.

Senator, since this bill has come from the other House, I 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 want to make sure that the -- the penalties and the violations are the same as the old bill. So, to -- to correct -- or to reiterate, this is not a moving violation. Is that correct?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

That’s correct.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

If there is a second violation, the same automobile, is the fine increased and is the…

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Well, I don’t know, but I know it wasn’t changed by this bill. So, whatever the law is now, it’s the same; it’s just adding some counties with these other protections that I spoke of.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jacobs.

I’m in total agreement with Senator Hendon though we come from different parts of the State and maybe we attack the problem differently. But the fact is, Senator, if -- if -- if you keep driving to a stoplight and people keep driving through the stoplight, that seems like a -- a matter of bad engineering. We shouldn’t be ticketing people for poorly designed roads. And I want to tell you, I live in the shadow of these cameras in 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Iowa and they are doing everything they can - the people who wanted these - to get ‘em out of Iowa now. Because once these cameras are in the streets, they will be in your home. Don’t kid yourself. Be very careful about cameras. I -- I appreciate the fact that the Senator’s trying to work out a compromise, but I don’t know if there is a compromise. I would just call on all my friends, on the other side of the aisle too, who are worried about their rights, to worry about this right. Because the fact is, if -- if we don’t fight for our rights at these points, then when -- when it comes time for the big rights, they’ll just take ‘em right away from us. So, don’t give away what you already own.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cronin, you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) 57  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 Thank you, Senator. There’s four people seeking recognition. Leader Watson, would you like to speak now?

PRESIDING OFFICER: (SENATOR DeLEO) Leader Watson.

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Well, when the amendment was let out? Or when the bill was let out? I think there was a change in the -- in the Rules Committee Chairman. I think the bill probably came out under Senator Halvorson and the amendment came out under Senator Hendon.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

A red light? So, if -- Senator, if you’re talking about a red light and you pull up to that stoplight, you’re supposed to -- you’re supposed to stop, and assuming it doesn’t say no right turn on red, you can then turn right. If you don’t stop, you can get a ticket in the counties and the cities that have this program right now. What Senator Syverson has done with his amendment is to provide protections for those motorists, like yourself, so that they wouldn’t get a ticket unless they went -- after the light turned red, they went completely through the stop bar - not just caught in the middle, not just pulling forward a little bit to see whether someone’s coming. So, I just want to emphasize that the amendment that we adopted, that I developed by working with Members from your side of the aisle, was to protect people who are currently covered by a law that doesn’t have those protections.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.

PRESIDING OFFICER: (SENATOR DeLEO) Senator -- Senator Cullerton. 59  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008

No. I didn’t say if you make a legal right turn, you can be subject to a -- a ticket. No.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Well, existing law, the camera takes a picture of the license plate. It’s akin to a parking ticket in that it’s not a moving violation and you -- if you ran the red light in a -- in a rental vehicle, they do take a picture -- picture of the license plate and they trace it back to the car rental company - this is existing law - and then they eventually give the ticket to the guy who was driving the car, from what I understand. That’s not being changed by this -- this bill at all. You understand, this is already the law. We’re not creating this for the first time. This is actually modifying a law that’s 60  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 been in existence for a few years by providing some protections for the drivers that you’re accused of -- potentially being wrongly accused.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Bivins.

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Luechtefeld, are you seeking 62  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 recognition on this bill, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Yes, that’s -- that’s what I understand.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Further discussion? Senator Althoff.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine. State’s Attorney Haine, for what purpose do you rise, sir?

To the bill.

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

It’s difficult to determine the reason for the depth of opposition. I understand the anecdotal evidence, and I’ve had it in the past, of -- of parking tickets that have come from the City of Chicago, given to citizens in my county that were not in Chicago. They were there -- last time they were there was training at the Naval Base in World War II. However, those tickets were given by parking division officers who were looking at the plate. And they were writing down the number and authorizing the ticket. It wasn’t a camera saying my car was in Chicago on such and such a date when I told my wife I was going 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 to the Rotary convention somewhere else. These were eyeballed tickets by some human being. To argue rhetorically that this is an erosion of freedom causes one to wonder about the stoplight itself. The stoplight itself is a great impediment to freedom of the road. It forces us to stop and wait for the other lane of traffic to proceed for an orderly flow of traffic. There isn’t anything, Ladies and Gentlemen, more corrosive to the law than willful, unpunished disobedience of the law. Police officers cannot be everywhere. Some police officers do not have twenty-twenty vision. It becomes a dispute between the officer as an eyewitness and someone else. A camera under this bill, and Senator Syverson’s wise restrictions, is a way for an objective law enforcement source to determine who among us does not respect the -- the stoplight. In the -- in the final -- and it -- and it will deter those who are willful and wantonly speeding through these intersections. The final reason to vote for the bill, Ladies and Gentlemen, is that this bill will save lives. And I’ve read the insurance studies. In every area where they’ve done these cameras and they’ve been properly monitored - again, I understand Senator Hendon’s concern and the others’ concern about abuse - but in areas where they have these things competently run and operated, there has been a drop in fatalities and serious injuries from T-bone collisions at major intersections with stoplights. Because some people just frankly refuse to obey the law and respect the need to stop at a red light, the camera will assure that these people will receive a fine and be punished if they repeatedly do -- do so. Hopingly - - it is hoped that they learn and that they will refrain from doing so and others will refrain and the rate of fatal accidents 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 and serious injuries from T-bone collisions will drop. There are two methods currently, the National Safety Council, to do something about T-bone deaths and injuries. One is the roundabout design of major highways, which is growing in certain areas. The other is the TV -- or, the -- the camera monitoring. This is a reasonable bill. It is a traffic safety bill. It will result and it has resulted in a diminution in the loss of life and injury from these terrible accidents. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Thank you, Senator. Senator Syverson and Senator Martinez and Senator Cullerton, to close. Senator Syverson, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Illinois Channel is seeking leave for -- permission to -- requests permission to videotape the proceedings. Seeing no -- no objection, leave is granted. Senator Martinez.

Thank you, Mr. President, Members of the Senate. I, too, am at a crossroads here as far as how to vote on this. On one side, I have one of the worst intersection on Belmont and Kedzie, I think, in the whole city. I mean, this is where there’s a lot of viaduct, so there’s a lot of blind spots. And let me just say that I have seen personally a reduction of -- of accidents in that area because of the cameras that are there. But on the other side, you know, I -- I feel like, you know, there is just something wrong with some of these cameras and how they’re taking pictures. About a couple of weeks ago, I was actually turning on the arrow right there at that intersection, 67  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 turning left on the arrow, and it was my -- it was -- it was my right of way to turn. But right as I’m turning, this young man on a bicycle just, right away, crosses in front of the car, between the car who was in front of me and the -- and the car in front of me and myself. He crossed right in front. I actually had to stop, ‘cause if I would have gone, I would have hit this gentleman. But guess who got their plates -- a real pretty picture taken of. And I know I probably will have something in the mail soon with my -- with my plates as far as turning. And I -- I think that there is a lot of flaws still with what’s going on with these cameras in the area. But I do have to say that because of the cameras in that particular location, we have seen - and I’m saying one of the most deadliest - I mean, there wasn’t one day that I would not go through that intersection on my way home that I wouldn’t see an accident. Accident after accident, and now I see less accidents. So, it has kind of put a kind of a -- a caution on everyone traveling that area. And it has caught people who have gone through those lights there, right now, and are being prosecuted. But at the same time, I also have the -- you know, not so much me, but the fact that we do have people that do go to the intersection there and -- and you see that camera going off at all times. I mean, so I know something is wrong. So I’m still kind of, you know, in the middle of where I should vote here. But I -- I’ve got to say that I know it has done some good, but at the same time, I don’t think it is -- I don’t think that we -- we are where we should be at with a bill like this. So, I -- I don’t know how I’m going to vote, but, you know, I just wanted to share that with the Members of the Senate. Thank you. 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Cullerton, to close, sir.

Yes. Thank you, Mr. President, Members of the Senate. I must say, I think I have learned something today from the debate. I’m very -- I never knew that my esteemed colleague from the west side was afraid of cameras and had something against cameras. I never knew that. ‘Cause I was watching Channel 11 all this last year, he was up there. There were cameras. While he was debating this bill, he was up on the camera up there. And I thought he looked pretty good on the camera. And the -- the cameras, you know, sometimes they’re your friend and I guess sometimes they’re your enemy. So, I just never -- never knew that he was against those cameras. But I think it would be helpful to maybe go back to actually learning what’s in the bill, ‘cause the debate seems to have been on a bill that passed about three years ago and it’s currently the law. So that’s -- this is a different bill. Here’s what happened, folks: This is a House bill. Some State Representative, who I never met - I think he’s a Democrat from Rockford - passed this bill over adding some counties to this program, which we’ve had in the metropolitan areas for a number of years. My colleagues on the Republican side of the aisle, who have concerns about the way this is working statewide, came to me and said, “Would you be willing to talk about putting some protections in the bill that would protect motorists from being wrongfully accused?” Now, just so you know, where my motivation came in sponsoring the bill initially was in highway safety. Not money for Chicago. Highway safety. I passed the first 69  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 seatbelt law, the first child passenger safety law, and that’s been the bills I’ve been passing. So I looked at the statistics from the Department of Transportation and I found that in Chicago, the year before they had cameras, fifty-four people were killed running red lights; the year after, eighteen people were killed. That’s all I needed to know that this thing works. Okay? Now, the concern is, though, City trying to make money, trying to change the rules. It turns out, this is on -- not only a picture of the car, but it’s a videotape of the car. There’s eleven seconds where you can make sure that that’s the car and that car really ran the red light. But still we needed more protections. So, Senator Risinger and Syverson and I sat down and we said, “What do we want to do to protect people?” Well, let’s make sure that they don’t get -- somebody getting a ticket, like Senator Martinez, caught in the middle. They’ve got to have a red light, a stop bar, and then, only then, when they go past that stop bar do they get a ticket. That’s a protection so someone doesn’t get a ticket by mistake. What about the yellow lights? If they make those yellow lights so it’s really a short period of time, you wouldn’t have enough time to stop; you’ll get a ticket. So we put in this bill - in this bill - that protection. And then they said, well, what about these new counties. Let’s do something dramatic for them too. Let’s have ‘em do studies in Peoria for six months to make sure they’re only putting ‘em in areas where there -- they have very serious problems. That’s put in this bill. We have a thing -- a requirement that there be strobe lights for, I think, two or three months before they can put it there. This is a bill that’s designed to protect these abuses that everybody here 70  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 is talking about. We already passed the bill that allows these cameras to be there. That dispute has been resolved and they’re up and they’re running. I just want to let you know my motivation is highway safety. We’re going to save more lives by passing this bill. And my goal would be, someday, for the cities to make no money. No money, ‘cause people will stop running red lights. And we’ll just have fewer fatalities. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, the question is, shall House Bill 5288 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 26 Ayes, 24 Nays, 1 voting Present. House Bill 5288, having failed to receive the constitutional majority, has failed. Okay, Ladies and Gentlemen, for the purposes of an announcement. We will have -- ask all members of the Rules Committee to immediately come to the President’s Anteroom. All members of the Rules Committee will come to the President’s Anteroom for immediate Rules Committee meeting. Ask the Members just to stand at ease for one moment. The Senate will stand at ease for a moment. (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) Mr. Secretary, Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) The esteemed gentleman from Cook County, Senator Schoenberg, for what purpose you seek recognition, sir?

Thank you, Mr. President. Purpose of the announcement.

PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.

Thank you, Mr. President. The Senate Appropriations II Committee will meet immediately in Room 212 upon our dismissal here.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, Appropriation II will meet immediately upon adjournment in Room 212. Appropriations II. Okay, Ladies and Gentlemen, before we go to -- our 73  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 162nd Legislative Day 5/27/2008 respective ways this evening, please check your postings for tomorrow. There are committees that have been posted previously and there’s been two or three committees added to the postings for tomorrow. So, once again, please check your postings on all committee meetings tomorrow morning. Having said that, Ladies and Gentlemen, there will be no further business to come before the Senate, the Senate will stand adjourned until the hour of 12:30 p.m. on Wednesday, May 28, the year 2008. The Senate stands adjourned. 74